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City Council Meeting Agendas

Regular Meeting

Suffolk, VA · February 15, 2023

AgendaMinutes

Minutes

City Council Regular Meeting February 15, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, February 15, 2023, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow Roger W. Fawcett Timothy J. Johnson John T. Rector Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None (Council Member LeOtis Williams was excused.) Mayor Duman announced that Council Member Williams was excused from today’s Regular Meeting. CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Butler Barlow offered the Invocation and led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of February 15, 2023, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF FEBRUARY 15, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting February 15, 2023 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to approve the minutes from the August 3, 2022, Work Session and Regular Meeting, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) SPECIAL PRESENTATIONS Special Presentation – A Certificate of Recognition for Mr. Richard Nicholas Melito, designer of the Freedom Flag and a Suffolk native Mayor Duman presented the above referenced certificate to Richard Melito. President of Freedom Flag Foundation John Riley, Tiny Andrews, James Melito, and Richard Melito offered comments. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA City Manager Moor announced that the applicant has withdrawn, CUP2021-013, Shady Pine Borrow Pit, and the applicant is no longer pursing the request. He summarized that City Council continued consideration of this item at the November 16, 2022, City Council meeting to the current meeting. City Manager Moor concluded CUP2021-013 was not included on tonight’s agenda, due to the applicant’s request for removal. He asked for a motion to adopt the agenda as presented. Mayor Duman reiterated that if there are individuals present for CUP2021-013, no public hearing will be held on this item, as the applicant has withdrawn the request. Council Member Fawcett, on a motion seconded by Council Member Rector, moved to adopt the agenda as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) AGENDA SPEAKERS Christopher Dove, 852 Colonel Meade Drive, representing self, opined about Item #17 - An ordinance to accept and appropriate funds from Napolitano Homes in support of the design and construction of the Shoulders Hill Road Intersection Project. John Riley, 912 Rise Shaft Road, Midlothian, Virginia, representing the Freedom Flag Foundation, spoke in support of Consent Agenda Item #7 - A resolution of the City of Suffolk, Virginia, proclaiming the recognition of events occurring on American soil on September 11, 2001, with the symbol of the Freedom Flag, and recognizing its designer, Mr. Richard Nicholas Melito, a Suffolk native. 2 City Council Regular Meeting February 15, 2023 James Melito, 1207 Bobbiedell Lane, Henirco, Virginia, representing the Freedom Flag Foundation, declined to address City Council. Tiny Andrews, 103 Tancock Court, was not present when called. Thomas Rein, representing self, opined about Item #17 - An ordinance to accept and appropriate funds from Napolitano Homes in support of the design and construction of the Shoulders Hill Road Intersection Project. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - A resolution of the City of Suffolk, Virginia, proclaiming the recognition of events occurring on American soil on September 11, 2001, with the symbol of the Freedom Flag, and recognizing its designer, Mr. Richard Nicholas Melito, a Suffolk native Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Hampton Roads Sanitation District for the City of Suffolk Department of Parks and Recreation Consent Agenda Item #10 - A resolution to accept a donation of personal property for the Suffolk Department of Fire and Rescue Referring to Consent Agenda Items #7 through #10, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Bennett, on a motion seconded by Council Member Johnson, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) PUBLIC HEARINGS Public Hearing – An ordinance authorizing the acquisition of permanent and/or temporary easements, either by agreement or condemnation, for the North 5th Street Drainage Project Utilizing a PowerPoint presentation, Public Works Director Robert Lewis supplied a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Vice Mayor Ward, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented. 3 City Council Regular Meeting February 15, 2023 Council Member Bennett opined about the potential impact of the proposed project on the church located in the same area. Public Works Director Lewis said that the property the City will be using for the project will ultimately be useable land since the ditch will be closed up. Vice Mayor Ward, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) AN ORDINANCE AUTHORIZING THE ACQUISITION OF PERMANENT AND/OR TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE NORTH 5TH STREET DRAINAGE PROJECT Public Hearing - An ordinance to reconsider previously approved rezoning, RZN2022-004 (Conditional), in order to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions, for the Bennett’s Creek Quarter Development, Zoning Map 12, Parcels 32*1, 32*2, 32*3, 32*4, and 32*CH*1, Account Numbers 306004377, 306004378, 306004379, 306004380, and 306004381; RZN2022-004 (Conditional) (This item was continued from the January 18, 2023, City Council Meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne gave a report of the background information as printed in the official agenda. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, applicant, Bennett’s Creek Quarter LLC, BCQ Towns LLC, and BCQ Construction LLC, applicant and property owner, spoke in support of the proposed ordinance. The following individuals spoke in opposition to the proposed ordinance: Thomas Rein, 119 Suffolk Meadows Boulevard, representing self. Christopher Dove, 852 Colonel Meade Drive, representing self. Stephanie Stefkovich, 119 Suffolk Meadows Boulevard, representing self. Selena Thornton Manuel, 1921 Piedmont Road, representing self. Evelyn Jones, 4921 Fennell Lane, representing self. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, applicant, Bennett’s Creek Quarter LLC, BCQ Towns LLC, and BCQ Construction LLC, applicant and property owner, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 4 City Council Regular Meeting February 15, 2023 Mayor Duman announced that the item before City Council is an ordinance to reconsider previously approved ordinance number 22-O-060, and the applicant provided a new proffer statement during the January 18, 2023, City Council meeting. He explained the options available to City Council: (1) a motion to approve ordinance number 22-O-060, in its original form without the new proffer statement; (2) a motion to approve ordinance number 22-O-060, with the new proffer statement; or (3) a motion to deny ordinance number 22-O-060. He then asked City Attorney Hutchings for clarification. City Attorney Hutchings explained that because the proposed ordinance was brought back on a motion to reconsider, currently ordinance number 22-O-060 is no longer approved. He added that the options are as follows: a motion to approve 22-O-060, a motion to deny 22-O-060, or a motion to approve with the new proffers as submitted at the January 18, 2023, City Council meeting. Mayor Duman asked whether the proposed proffers can be amended. City Attorney Hutchings said that proffers are offered voluntarily by the applicant. He added that unlike a conditional use permit, proffers in a rezoning can only be amended at the discretion of the applicant. Mayor Duman asked if City Council could make suggestions to the applicant for amendments to the proffers in a rezoning. City Attorney Hutchings replied that the public hearing is now closed, and the applicant can make amendments to the proffers in a rezoning application, based on the comments received during the public hearing. Referring to the presentation, Council Member Fawcett asked about the timeline for the completion of the Shoulders Hill Road project. Public Works Director Lewis explained that completion of the project has been delayed due to the coronavirus pandemic and the lack of notices to proceed from the various utility companies. Referring to the presentation, Council Member Fawcett sought clarification about staff’s recommendation for denial of the proposed ordinance. Public Works Director Lewis advised that staff has recommended denial of the proposed ordinance due to the road safety regulations in the Unified Development Ordinance. Referring to the presentation, Council Member Fawcett opined about City Council’s ability to approve a rezoning, even if the adequate public facilities requirements are not met. City Attorney Hutchings said that rezonings are legislative decisions made by the elected body. Referring to the presentation, Council Member Fawcett reiterated his previous comments about City Council’s ability to approve a rezoning, even if the adequate public facilities requirements are not met. City Attorney Hutchings repeated that the legislative body can make legislative decisions. Referring to the presentation, Council Member Rector solicited information about the anticipated completion of the Shoulders Hill Road and Bridge Road project, once the various utility companies provide the notices to proceed. Public Works Director Lewis stated that once the notices to proceed from the various utility companies are received, the project should take approximately 18 months. Referring to the presentation, Council Member Johnson asked about the total number of units ultimately in the development. Mr. Napolitano said 406 units will be built. Referring to the presentation, Council Member Johnson inquired about the number of units built to date. Mr. Napolitano estimated close to 180 units have been built so far. 5 City Council Regular Meeting February 15, 2023 Referring to the presentation, Council Member Johnson asked about the feasibility of moving the project timeline back a year to accommodate construction of the Shoulders Hill Road/Bridge Road project. Mr. Napolitano replied that the project timeline has already been delayed by eight months, waiting for the road project to progress. Council Member Bennett solicited information about the number of units built per year. Mr. Napolitano advised that they try to sell about four units per month. Vice Mayor Ward requested data on pending projects on Shoulders Hill Road and Route 17. City Manager Moor summarized the reasons for the road project delay. Council Member Butler Barlow asked whether data is available on the number of residential dwellings approved on Shoulders Hill Road. Planning and Community Development Director Wyne advised that information could be provided. Council Member Johnson asked whether City Council has approved projects in the last three years, despite safety issues. Planning and Community Development Director Wyne advised no rezonings have been approved, despite safety issues. He added, by-right development is another issue. Referring to the presentation, Mayor Duman asked about the number of road trips the proposed 48 additional units would cause. Public Works Director Lewis estimated 480 additional trips would be generated. Council Member Fawcett suggested deferring the matter to determine whether progress on utilities for the road project can be made. Mayor Duman asked City Attorney Hutchings whether tabling the matter is possible. City Attorney Hutchings said if the application is tabled, then Item 17 cannot be considered since it is related to RZN2022-004. Mayor Duman asked whether Item 17 would need to be continued for the same amount of time, as well, or if City Council would not need to consider it. City Attorney Hutchings advised that if RZN2022-004 were tabled, then City Council could not vote on Item 17. He further stated that if the applicant gave any funds to the City for Item 17, they would need to be returned. Council Member Fawcett asked whether the City would receive the funds if RZN2022-004 were approved. City Attorney Hutchings explained that if City Council approves the proffer of those funds, then they will be owed to the City. Referring to the presentation, Council Member Fawcett solicited an estimate about whether the utilities situation will be resolved by summertime. Public Works Director Lewis reported there is one aerial cable needing moved, and he hoped the issue would be resolved in the next 45 days. Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to continue to consideration of the proposed ordinance to the June 7, 2023, City Council meeting Council Member Rector asked the applicant how a deferral would impact the project. Mr. Napolitano said they would have to examine the issue. 6 City Council Regular Meeting February 15, 2023 Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to continue to consideration of the proposed ordinance to the June 7, 2023, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, and Johnson 6 NAYS: Council Member Rector 1 (Council Member Williams was excused.) Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility on property located on Indian Trail, Zoning Map 39, Parcel 39; Account Number 150998000; CUP2022-028 Utilizing a PowerPoint presentation, Planning and Community Development Wyne submitted a summary of the background information as printed in the official agenda. Carson Weinand, no address provided, CVE North America, agent, representing Indian Trail Solar, LLC, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Dean Vincent, 5131 River Club Drive, representing self, spoke in support of the proposed ordinance, with conditions, as presented. The following individuals spoke in opposition to the proposed ordinance, with conditions: Mike Griffin, 5800 Okelly Drive, representing self. Wayne Boyce, 5121 Indian Trail, representing self. Christopher Dove, 852 Colonel Meade Drive, representing self. Michael Amory, 9060 River Crescent, representing self, opined about the proposed ordinance. Carlton Diggs, 7321 Indian Trail, representing self, spoke in opposition to the proposed ordinance. Ed Johnson, 7557 Indian Trail, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the public hearing remarks, Council Member Rector asked about zinc in the steel posts used to mount the panels. Mr. Weinand advised that the posts are galvanized steel and do not leach unless the temperature reaches 200° F. He reiterated that no toxic substances are in the panels. Referring to the public hearing remarks, Council Member Fawcett asked whether cables to the substation for the project would be above or below ground. Mr. Weinand said the cables will be above ground on Indian trail and then below ground on the property. 7 City Council Regular Meeting February 15, 2023 Council Member Rector, on a motion seconded by Vice Mayor Ward, moved to approve the proposed ordinance. On a substitution motion, Council Member Fawcett moved to continue CUP2022-028 to the August 16, 2023, City Council meeting. The motion failed. Council Member Rector, on a motion seconded by Vice Mayor Ward, moved to approve the proposed ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Member Rector 3 NAYS: Council Members Bennett and Butler Barlow 2 ABSTAIN: Council Members Fawcett and Johnson 2 (Council Member Williams was excused.) A motion to reconsider the preceding vote on the proposed ordinance for CUP2022-028 was made by Council Member Rector, seconded by Vice Mayor Ward, and approved by the following vote: AYES: Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson and Rector 5 NAYS: Mayor Duman 1 ABSTAIN: Council Member Fawcett 1 (Council Member Williams was excused.) Council Member Rector, on a motion seconded by Vice Mayor Ward, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Member Rector 3 NAYS: Council Members Bennett, Butler Barlow and Johnson 3 ABSTAIN: Council Member Fawcett 1 (Council Member Williams was excused.) City Attorney Hutchings clarified that an abstention counts as a no vote, because a majority of those present are needed to approve a motion. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility on property located on Indian Trail, Zoning Map 29, Parcel 2; Account Number 150997000; CUP2022-029 Utilizing a PowerPoint presentation, Planning and Community Development Wyne offered an overview of the background information as printed in the official agenda. Carson Weinand, no address provided, CVE North America, agent, representing Indian Trail Solar, LLC, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Ed Johnson, 7557 Indian Trail, representing self, spoke in support of the proposed ordinance. The following individuals spoke in opposition to the proposed ordinance, with conditions: Mike Griffin, 5800 OKelley Drive, representing self. 8 City Council Regular Meeting February 15, 2023 Paul Boland, 7260 Indian Trail, representing self. Wayne Boyce, 5121 Indian Trail, representing self. Christopher Dove, 852 Colonel Meade Drive, representing self. Ed Johnson, 7557 Indian Trail, representing self, spoke in support of the proposed ordinance. Carson Weinand, no address provided, CVE North America, agent, representing Indian Trail Solar, LLC, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett asked about the impact to the applicant if the current ordinance is approved, while the previous, related ordinance was denied. Mr. Weinand surmised it would change their strategy with Dominion Energy, but they would like to proceed with one project, if possible. Council Member Fawcett, on a motion seconded by Council Member Rector, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Fawcett, and Rector 4 NAYS: Council Members Bennett, Butler Barlow and Johnson 3 (Council Member Williams was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY ON PROPERTY LOCATED ON INDIAN TRAIL, ZONING MAP 29, PARCEL 2; ACCOUNT NUMBER 150997000; CUP2022-029 City Council recessed at 9:58 p.m. and reconvened at 10:11 p.m. Public Hearing – An ordinance to amend Chapter 58, “Parks and Recreation”, of the Code of the City of Suffolk to regulate the use of public parks in the City of Suffolk Utilizing a PowerPoint presentation, Parks and Recreation Director Mark Furlo offered an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) 9 City Council Regular Meeting February 15, 2023 AN ORDINANCE TO AMEND CHAPTER 58, “PARKS AND RECREATION”, OF THE CODE OF THE CITY OF SUFFOLK TO REGULATE THE USE OF PUBLIC PARKS IN THE CITY OF SUFFOLK ORDINANCES Ordinance – An ordinance to amend Chapter 86, Article XI, Section 86-604 of the Code of the City of Suffolk concerning designated public streets approved for golf cart use within the Cedar Point neighborhood Utilizing a PowerPoint presentation, Public Works Director Lewis gave a synopsis of the background information as printed in the official agenda. Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) AN ORDINANCE TO AMEND CHAPTER 86, ARTICLE XI, SECTION 86-604 OF THE CODE OF THE CITY OF SUFFOLK CONCERNING DESIGNATED PUBLIC STREETS APPROVED FOR GOLF CART USE WITHIN THE CEDAR POINT NEIGHBORHOOD Ordinance – An ordinance to accept and appropriate funds from Napolitano Homes in support of the design and construction of the Shoulders Hill Road Intersection Project Mayor Duman advised the ordinance would not be heard since Item #12, RZN2022-004 was continued to the June 7, 2023, City Council meeting. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Significant Land Use Applications A. Rezoning Request, RZN2021-00018, (Conditional), Lake Kilby Shores Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne gave an overview of the background information as printed in the official agenda. B. Rezoning Request, RZN2022-008, (Conditional), Pinnacle Storage Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne submitted a synopsis of the background information as printed in the official agenda. 10 City Council Regular Meeting February 15, 2023 Referring to the presentation, Council Member Rector called for an update on the previous connectivity issues associated with this project. Planning and Community Development Director Wyne explained that the parcel that caused the previously identified connectivity issue has been removed from the project. MOTIONS Motion - A motion to schedule a public hearing for March 1, 2023, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and David March Enterprises LLC, for the conveyance of real property located on Tax Map and Parcel 40A*76 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a public hearing for March 1, 2023, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and David March Enterprises LLC, for the conveyance of real property located on Tax Map and Parcel 40A*76, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) Motion – A motion to schedule a public hearing to be held on March 1, 2023, to receive public comment on the Proposed Fiscal Year 2024-2033 Capital Improvements Program and Plan Council Member Rector, on a motion seconded by Council Member Butler Barlow, moved to schedule a public hearing to be held on March 1, 2023, to receive public comment on the Proposed Fiscal Year 2024-2033 Capital Improvements Program and Plan, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) Motion – A motion to schedule a City Council Work Session, for Wednesday, March 1, 2023, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a City Council Work Session, for Wednesday, March 1, 2023, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) 11 City Council Regular Meeting February 15, 2023 NON-AGENDA SPEAKERS John Riddick, 1205 Bank Street, representing self, opined about infrastructure issues in the older communities in the City. Kianna Boone, 329 United States Highway, 158 East, Gatesville, North Carolina, representing S.T.A.R Haven, offered an overview of her organization and its services. NEW BUSINESS City Clerk Dawley presented the following nominations for the respective boards and commissions - Early Childhood Development Commission (at large representatives) - Virginia Staylor and Eltonette Harris, and the Economic Development Authority of the City of Suffolk (Suffolk Borough - effective March 1, 2023) - George Consolvo. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to nominate and appoint the above referenced individuals to the respective bodies, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Jennifer Moore provided a report on the following: the City’s observance of the President’s Day holiday; the Finance Department’s receipt of the Government Finance Officers Association Award for Outstanding Achievement in Popular Annual Financial Reporting; Public Utilities Department’s Smoke Testing Reminder; Suffolk Police Department’s Citizen Engagement Opportunity “Coffee with the Chief”; the Suffolk Police Department’s participation Annual Polar Plunge; the Suffolk Public Works Department’s Quarterly Report; City of Suffolk’s Community Engagement Sessions about the 2045 Comprehensive Plan; the Suffolk Public Library’s Free Afternoon Snack Program; the Underground Railroad Pavilion Tour; upcoming Keep Suffolk Beautiful Community events; registration open for Suffolk Spring Sports League; and the survey for the Holland Playground. Council Member Bennett called for the replacement of barriers on Nansemond Parkway and Wilroy Road. Council Member Johnson encouraged residents to attend the Suffolk Art League Antique Art Show. Council Member Rector acknowledged all of the participants in the Suffolk Art League Student Art Exhibit. Council Member Rector acknowledged Cole Christian, a graduate of Nansemond Suffolk Academy, on being a member of the Super Bowl Champion Kansas City Chiefs. Council Member Rector requested information about the City’s emergency preparedness training, specifically in the event of a train derailment. 12 City Council Regular Meeting February 15, 2023 Council Member Fawcett opined about the unveiling of a mural at Suffolk Christian Academy, in partnership with the Suffolk Sheriff’s Office. Vice Mayor Ward extended his condolences to the students at Michigan State University. Mayor Duman opined about the Freedom Flag Special Presentation. Mayor Duman opined about the unveiling of a mural at Suffolk Christian Academy, in partnership with the Suffolk Sheriff’s Office. Mayor Duman encouraged residents to attend the Suffolk Human Society’s Paws for the Arts Fundraiser. Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: None 0 (Council Member Williams was excused.) There being no further business to come before City Council, the regular meeting was adjourned at 10:58 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: AUGUST 16, 2023 13

Agenda

SUFFOLK CITY COUNCIL AGENDA February 15, 2023 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes Approved 7-0 (Council Member Williams was excused.) 4. Special Presentation – A Certificate of Recognition for Mr. Richard Nicholas Melito, designer of the Freedom Flag and a Suffolk native No City Council action required. 5. Removal of Items from the Consent Agenda and Adoption of the Agenda A motion to adopt the agenda as presented was approved by a vote of 7-0. (Council Member Williams was excused.) 6. Agenda Speakers No City Council action required. 7. Consent Agenda – A resolution of the City of Suffolk, Virginia, proclaiming the recognition of events occurring on American soil on September 11, 2001, with the symbol of the Freedom Flag, and recognizing its designer, Mr. Richard Nicholas Melito, a Suffolk native Approved 7-0 (Council Member Williams was excused.) 8. Consent Agenda – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Approved 7-0 (Council Member Williams was excused.) 9. Consent Agenda – An ordinance to accept and appropriate funds from the Hampton Roads Sanitation District for the City of Suffolk Department of Parks and Recreation Approved 7-0 (Council Member Williams was excused.) 10. Consent Agenda – A resolution to accept a donation of personal property for the Suffolk Department of Fire and Rescue Approved 7-0 (Council Member Williams was excused.) 11. Public Hearing – An ordinance authorizing the acquisition of permanent and/or temporary easements, either by agreement or condemnation, for the North 5th Street Drainage Project Approved 7-0 (Council Member Williams was excused.) 12. Public Hearing – An ordinance to reconsider previously approved rezoning, RZN2022-004 (Conditional), in order to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions, for the Bennett’s Creek Quarter Development, Zoning Map 12, Parcels 32*1, 32*2, 32*3, 32*4, and 32*CH*1, Account Numbers 306004377, 306004378, 306004379, 306004380, and 306004381; RZN2022-004 (Conditional) (This item was continued from the January 18, 2023, City Council Meeting.) A motion to continue consideration of the proposed ordinance to the June 7, 2023, City Council meeting was approved by a vote of 7-0. (Council Member Williams was excused.) 13. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility on property located on Indian Trail, Zoning Map 39, Parcel 39; Account Number 150998000; CUP2022-028 A motion to approve failed by a vote of 3-3-1. (Council Member Bennett, Council Member Butler Barlow and Council Member Johnson voted in opposition, Council Member Fawcett abstained, and Council Member Williams was excused.) 14. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility on property located on Indian Trail, Zoning Map 29, Parcel 2; Account Number 150997000; CUP2022-029 Approved by a vote of by a vote of 4-3. (Council Member Bennett, Council Member Butler Barlow and Council Member Johnson voted in opposition, and Council Member Williams was excused.) 15. Public Hearing – An ordinance to amend Chapter 58, “Parks and Recreation”, of the Code of the City of Suffolk to regulate the use of public parks in the City of Suffolk Approved 7-0 (Council Member Williams was excused.) 16. Ordinance – An ordinance to amend Chapter 86, Article XI, Section 86-604 of the Code of the City of Suffolk concerning designated public streets approved for golf cart use within the Cedar Point neighborhood Approved 7-0 (Council Member Williams was excused.) 17. Ordinance – An ordinance to accept and appropriate funds from Napolitano Homes in support of the design and construction of the Shoulders Hill Road Intersection Project No City Council action was taken. 2 18. Resolutions No City Council action required. 19. Staff Report – Significant Land Use Applications A. Rezoning Request, RZN2021-00018, (Conditional), Lake Kilby Shores No City Council action required. B. Rezoning Request, RZN2022-008, (Conditional), Pinnacle Storage No City Council action required. 20. Motion – A motion to schedule a public hearing for March 1, 2023, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and David March Enterprises LLC, for the conveyance of real property located on Tax Map and Parcel 40A*76 Approved 7-0 (Council Member Williams was excused.) 21. Motion – A motion to schedule a public hearing to be held on March 1, 2023, to receive public comment on the Proposed Fiscal Year 2024-2033 Capital Improvements Program and Plan Approved 7-0 (Council Member Williams was excused.) 22. Motion – A motion to schedule a City Council Work Session for Wednesday, March 1, 2023, at 4:00 p.m., unless cancelled Approved 7-0 (Council Member Williams was excused.) 23. Non-Agenda Speakers No City Council action required. 24. New Business A motion to nominate and appoint the following individuals to the respective boards and commissions was approved 7-0 – Early Childhood Development Commission – Virginia Staylor (at large representative) and Dr. Eltonette Harris (at large representative) and the Economic Development Authority of the City of Suffolk – Suffolk Borough representative (effective March 1, 2023) – George Consolvo 25. Announcements and Comments No City Council action required. 26. Adjournment Approved 7-0 (Council Member Williams was excused.) 3

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