City Council Meeting Agendas

City Council Regular Meeting April 19, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, April 19, 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 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 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 April 19, 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 Williams, 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, Rector and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF APRIL 19, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting April 19, 2023 APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the minutes from the September 21, 2022, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - A proclamation in recognition of “Suffolk Crime Victims’ Rights Week” City Clerk Dawley read the above referenced proclamation. Mayor Duman presented the above referenced proclamation to Chief Deputy Commonwealth’s Attorney Vaughn Breedlove, who offered comments. Special Presentation - A proclamation in recognition of “National Library Week” City Clerk Dawley read the above referenced proclamation. Mayor Duman presented the above reference proclamation to Library Director Clint Rudy, Library Advisory Board Members Sean Bilby, Nancy Creekmoore, Jeffrey Benton, Kimberly Ellis and Sharon Slate. Library Advisory Board Chair Bilby offered comments. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA City Manager Moor advised that the applicant requested to continue consideration of Item #16 - RZN2021-018 (Conditional), for 120 days and called for a motion to continue consideration of the aforementioned item to the August 16, 2023, City Council meeting, in addition to adopting the remainder of the agenda, as presented. Vice Mayor Ward, on a motion seconded by Council Member Williams, moved to continue consideration of Item #16 - RZN2021-018 (Conditional), to the August 16, 2023, City Council meeting and adopt the remainder of the agenda, as presented. Council Member Johnson asked whether there would be a public hearing RZN2021-018 (Conditional) was continued to the August 16, 2023, meeting. City Attorney Hutchings explained that the item has a public hearing scheduled for tonight. He further explained that if City Council wants another public hearing on the item, a new motion is needed. Mayor Duman asked whether City Council has the latitude to schedule another public hearing. City Attorney Hutchings replied in the affirmative. Council Member Johnson inquired whether a new public hearing would automatically be scheduled if the applicant changed its application in any way. City Attorney Hutchings advised that the nature of the change would determine whether another public hearing would be necessary. 2 City Council Regular Meeting April 19, 2023 Council Member Johnson asked if tonight’s public hearing could be left open. City Attorney Hutchings explained that tonight’s public hearing needs to be closed. Discussion ensued regarding scheduling a public hearing for RZN2021-018(Conditional). Council Member Butler Barlow, on a substitute motion seconded by Council Member Johnson, moved to continue consideration of Item #16 - RZN2021-018 (Conditional) to the August 16, 2023, City Council meeting; conduct a public hearing on Item #16 - RZN2021-028 at the August 16, 2023, City Council meeting; and adopt the remainder of the agenda, as presented. Referring to the substitute motion, Vice Mayor Ward requested clarification on the number of public hearings on the item. Mayor Duman affirmed that two public hearings would take place. Vice Mayor Ward asked if the applicant would need to make another public hearing of the item, if it is continued. City Attorney Hutchings said it would depend on the nature of the applicant’s changes. Members of City Council opined about the potential continuation of RZN2021-018 (Conditional). Council Member Butler Barlow, on a substitute motion seconded by Council Member Johnson, moved to continue consideration of Item #16 - RZN2021-018 (Conditional) to the August 16, 2023, City Council meeting; conduct a public hearing on Item #16 - RZN2021-028 (Conditional) at the August 16, 2023, City Council meeting; and adopt the remainder of the agenda, as presented, by the following vote: AYES: Mayor Duman, and Council Members Bennett, Butler Barlow, Johnson, 4 NAYS: Vice Mayor Ward and Council Members Fawcett, Rector and Williams 4 Discussion ensued about the procedure to reconsider the previous vote. Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to reconsider the substitute motion to continue consideration of Item #16 - RZN2021-018 (Conditional) to the August 16, 2023, City Council meeting; conduct a public hearing on Item #16 - RZN2021-028 (Conditional) at the August 16, 2023, City Council meeting; and adopt the remainder of the agenda, by the following vote: AYES: Mayor Duman, and Council Members Bennett, Butler Barlow and Johnson, 4 NAYS: Vice Mayor Ward and Council Members Rector and Williams 3 ABSTAIN: Council Member Fawcett 1 Council Member Fawcett, moved to reconsider the substitute motion to continue consideration of Item #16 - RZN2021-018 (Conditional) to the August 16, 2023, City Council meeting; conduct a public hearing on Item #16 - RZN2021-028 (Conditional) at the August 16, 2023, City Council meeting; and adopt the remainder of the agenda, as presented. The motion failed to receive a second. Mayor Duman asked whether the previous vote passed. City Attorney Hutchings replied in the negative. 3 City Council Regular Meeting April 19, 2023 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to reconsider the substitute motion to continue consideration of Item #16 - RZN2021-018 (Conditional) to the August 16, 2023, City Council meeting conduct a public hearing on Item #16 - RZN2021-028 (Conditional) at the August 16, 2023, City Council meeting and adopt the remainder of the agenda, as presented, by the following vote: AYES: Mayor Duman, and Council Members Bennett, Butler Barlow, Johnson, and Rector 5 NAYS: Vice Mayor Ward and Council Member Williams 2 ABSTAIN: Council Member Fawcett 1 Council Member Butler Barlow, on a substitute motion seconded by Council Member Johnson, moved to continue consideration of RZN2021-018 (Conditional) to the August 16, 2023, City Council meeting; conduct a public hearing on RZN2021-028 (Conditional) at the August 16, 2023, City Council meeting; and adopt the remainder of the agenda, as presented, by the following vote: AYES: Mayor Duman, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 7 NAYS: Vice Mayor Ward 1 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 authorizing the City Manager to accept the deed of donation, tax map number 20, parcel 59 Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Western Tidewater Community Services Board for the Suffolk Department of Social Services Consent Agenda Item #9 - An ordinance to accept and appropriate a grant from the Virginia Risk Sharing Association for the Suffolk Department of Finance Consent Agenda Item #10 - An ordinance to reallocate and transfer unspent Community Development Block Grant funds from the United States Department of Housing and Urban Development for the Oak Terrace Affordable Housing Project Consent Agenda Item #11 - An ordinance to accept and appropriate additional funding from the Virginia Department of Transportation Urban Maintenance Program for public roadway maintenance Consent Agenda Item #12 - A resolution authorizing the City Manager to execute a change order to an agreement with Balicore, LLC for the Bennett’s Creek Recreation Center project 4 City Council Regular Meeting April 19, 2023 Consent Agenda Item #13 - 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 Referring to Consent Agenda Items #7 through #13, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance to grant a Conditional Use Permit to establish a commercial kennel, on property located at 2150 Jenkins Mill Road, Zoning Map 49, Parcel 12A; Account Number 152870000; CUP2022-031 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne supplied a summary of the background information as printed in the official agenda. Richael Sisco, 2150 Jenkins Mills Road, applicant and property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Williams, 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, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A COMMERCIAL KENNEL, ON PROPERTY LOCATED AT 2150 JENKINS MILL ROAD, ZONING MAP 49, PARCEL 12A; ACCOUNT NUMBER 152870000; CUP2022-031 Public Hearing - An ordinance to grant the Conditional Use Permit to establish a Utilities, electric transformer station, on property located at 450 Dutch Road, Zoning Map 40, Parcel 39A; Account Number 153944300; CUP2023-005 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne gave a report of the background information as printed in the official agenda. Max Bartholomew, 5000 Dominion Boulevard, Glen Allen, Virginia, Dominion Energy Virginia, representing Holland Substation Expansion, submitted by Ana Gordon, Geosyntec, agent, spoke in support of the proposed ordinance, with conditions, as presented. 5 City Council Regular Meeting April 19, 2023 Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT THE CONDITIONAL USE PERMIT TO ESTABLISH A UTILITIES, ELECTRIC TRANSFORMER STATION, ON PROPERTY LOCATED AT 450 DUTCH ROAD, ZONING MAP 40, PARCEL 39A; ACCOUNT NUMBER 153944300; CUP2023-005 Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RE, Rural Estate zoning district, to RM, Residential Medium Density zoning district (Conditional), for property located at Zoning Map 33, Parcels 48, 48A, 49, and Zoning Map 34, Parcel 26, Account Numbers 251421000, 251419600, 251419400, and 250732000; RZN2021-018 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne submitted a summary of the background information as printed in the official agenda. Mayor Duman opined about a motion to suspend City Council’s Rules of Order and Procedure to double the public hearing time as follows: a 20 minute period for the proponents, a 30 minute period for the opponents and an additional 10 minute period for rebuttal. Council Member Williams, on a motion seconded by Council Member Johnson, moved to suspend City Council’s Rules of Order and Procedure to double the public hearing time as follows: a 20 minute period for the proponents, a 30 minute period for the opponents and an additional 10 minute period for rebuttal, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, Williams Mullin, representing Matt Howard, Coastal Virginia Partners, LLC, applicant. Jeremy Johnson, 638 Independence Parkway, Chesapeake, Virginia, representing the Hampton Roads Realtors Association. Ben Fitzgerald, 5132 Nansemond Parkway, representing self. Bishop A.S. Hall, 523 East Washington Street, representing self. Pastor Deion Gatlin, 2020 Lake Cohoon Road, representing self. 6 City Council Regular Meeting April 19, 2023 Kenneth Jenkins, 606 Hollywood Avenue, representing self. The following individuals spoke in opposition to the proposed ordinance, with conditions, as presented: Christopher Dove, 852 Colonel Meade Drive, representing self. Travis McKinney, 2804 Lake Cohoon Point, representing self. Michelle Faulk, 1104 Manning Road, representing self. Wayne Boyce, 5121 Indian Trail, representing self. Tim Downing, no address provided, representing self. Bryan Harris, 2455 Lake Cohoon Road, representing self. Denise Murden, 4041 Kingston Parkway, representing self. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self. Ben Fitzgerald, 5132 Nansemond Parkway, representing self, spoke in support of the proposed ordinance, with conditions, as presented. Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, Williams Mullin, representing Matt Howard, Coastal Virginia Partners, LLC, applicant, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. City Council recessed at 8:16 p.m. and reconvened at 8:29 p.m. Under Item 5 – Removal of Items from the Consent Agenda and Adoption of the Agenda, this item was continued to the August 16, 2023, City Council meeting, and another public hearing was scheduled for August 16, 2023, City Council meeting. Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from RL, Residential Low Density zoning district, to B-2, General Commercial (Conditional) Zoning District, for property located at 4944 and 4948 Shoulders Hill Road; Zoning Map 12, Parcel 27A; Account Number 303168000; RZN2022-008 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered an overview of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Whit Harper, 705 West Washington Street, Saunders and Ojeda, attorney, representing Brain Layne, Parrish-Layne Design Group, applicant. Robert High, address inaudible, Bluebill Development, LLC, Wilmington, North Carolina, developer. 7 City Council Regular Meeting April 19, 2023 Brian Layne, 7021 Harbourview Boulevard, Parrish-Layne Design Group, applicant. Carolyn White, 4216 Coltrane Avenue, representing self. Pamela Brandy, 5016 Pearl Street, Chesapeake, representing self. The following individuals spoke in opposition to the proposed ordinance, with conditions, as presented: Thomas Rein, 119 Suffolk Meadows Boulevard, representing self. Christopher Dove, 852 Colonel Meade Drive, representing self. Selena Thornton, 1921 Piedmont Road, representing self. Denise Murden, 4041 Kingston Parkway, representing self. Ebony Wright, 1493 Elderberry Road, representing self. Whit Harper, 705 West Washington Street, Saunders and Ojeda, attorney, representing Brain Layne, Parrish-Layne Design Group, applicant, spoke in support of the proposed ordinance. Bryan Harris, 2455 Lake Cohoon Road, representing self, opined about the proposed ordinance. Carolyn White, 4216 Coltrane Avenue, representing self, spoke in support of the proposed ordinance. Pamela Brandy, 5016 Pearl Street, Chesapeake, 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 Bennett, moved to deny the ordinance, as presented. Vice Mayor Ward asked about the feasibility of a right turn onto Shoulders Hill Road from the parcel under consideration. Mr. Layne advised that the entrance from Pughsville Road provides full access. Council Member Johnson solicited information about the viability of building homes on the parcel under consideration. Mr. Layne replied that previous applications to build residential dwellings on the parcel did not receive favorable feedback from the City. Vice Mayor Ward called for clarification of the approving authority for the transportation configuration for the parcel under consideration. Mr. Layne advised traffic was approved by Transportation Planning Manager Jason Souders in the Public Works Department. Council Member Rector inquired about the number of daily average trips generated by the property. Mr. High replied that the average trips are about 50 per day. 8 City Council Regular Meeting April 19, 2023 Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to deny the ordinance, as presented, by the following vote: AYES: Council Members Bennett, Butler Barlow, Fawcett and Johnson 4 NAYS: Mayor Duman, Vice Mayor Ward and Council Members Rector and Williams 4 Council Member Williams, 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 Members Rector and Williams 4 NAYS: Council Members Butler Barlow and Johnson 2 ABSTAIN: Council Members Bennett and Fawcett 2 Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to reconsider the previous motion to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 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 Rector and Williams 4 NAYS: Council Members Bennett, Butler Barlow, Fawcett and Johnson 4 Mayor Duman inquired about the next steps. City Attorney Hutchings advised him the rezoning was not approved since there were not five affirmative votes. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a mini-warehouse use, on property located at 4944 and 4948 Shoulders Hill Road, Zoning Map 12, Parcel 27A, Account Number 303168000, CUP2023-003 Mayor Duman announced that no action could be taken on this item due to the failure of the previous item RZN2022-008 (Conditional). Public Hearing – An ordinance to amend the previously approved conditions pertaining to the establishment of a Park/Open Space (Generally), on property located at 724 North Main Street, Zoning Map 34A, Parcel 31*31B; Account Number 252939000; CUP2023-006 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne presented a synopsis of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Mark Furlo, no address provided, Parks and Recreation Director, City of Suffolk. 9 City Council Regular Meeting April 19, 2023 Jean Carmean, 3616 Labrador Lane, representing the Suffolk Parks and Recreation Advisory Board. Wayne Boyce, 5121 Indian Trail, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Rector, on a motion seconded by Vice Mayor Ward, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND THE PREVIOUSLY APPROVED CONDITIONS PERTAINING TO THE ESTABLISHMENT OF A PARK/OPEN SPACE (GENERALLY), ON PROPERTY LOCATED AT 724 NORTH MAIN STREET, ZONING MAP 34A, PARCEL 31*31B; ACCOUNT NUMBER 252939000; CUP2023-006 Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance, Article 4, Zoning, Section 31-407, Dimensional and Density Regulations, of the Code of the City of Suffolk; OTA2023-001 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne supplied a report 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 Williams, 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, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE, ARTICLE 4, ZONING, SECTION 31-407, DIMENSIONAL AND DENSITY REGULATIONS, OF THE CODE OF THE CITY OF SUFFOLK; OTA2023-001 Public Hearing – A public hearing to receive public comment on the Proposed Operating and Capital Budget for Fiscal Year 2023-2024 and related Ordinances Utilizing a PowerPoint presentation, Finance Director Tealen Hansen gave a review of the background information as printed in the official agenda. Dr. Cynthia Romero, 1129 Revere Point Road, representing the Eastern Virginia Medical School, opined about the services that the City receives from the Eastern Virginia Medical School. Dana Bilby, 5252 Pruden Boulevard, representing self, spoke in support of the full funding of the request made by Suffolk Public Schools. 10 City Council Regular Meeting April 19, 2023 Crystal Taylor, 127 Sandcastle Circle, representing self, spoke in support of the full funding of the request made by Suffolk Public Schools. James Grandfield, 610 West Constance Road, Suffolk Public Defenders Office, spoke in support for funding for the Suffolk Public Defenders Office. Rachel Culbertson, 517 Kilby Shore Drive, representing Suffolk Hope Center Ministries, spoke in support for funding for Suffolk Hope Center Ministries. Christopher Dove, 852 Colonel Meade Drive, representing self, spoke in support of the full funding of the request made by Suffolk Public Schools. Tim Kubinak, 119 Dudley Drive, Assistant Principal, Lakeland High School, spoke in support of the full funding of the request made by Suffolk Public Schools. Derrick Bryant, 351 Kings Fork Road, Principal, King’s Fork High School, spoke in support of the full funding of the request made by Suffolk Public Schools. Hearing no additional speakers, the public hearing was closed. Council Member Bennett inquired about funding for Suffolk Public Schools. City Manager Moor reported that Suffolk Public Schools have requested an additional $4,000,000 and the City has included $2,000,000 in the Proposed Operating and Capital Budget for Fiscal Year 2023-2024. He added that Suffolk Public Schools is still waiting for additional funding from the State. Mayor Duman stated a motion to direct City Manager Moor to amend Proposed Operating and Capital Budget for Fiscal Year 2023-2024 and related ordinances to include a 2% real estate tax credit, if allowed by law, was in order. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to direct City Manager Moor to amend Proposed Operating and Capital Budget for Fiscal Year 2023-2024 and related ordinances to include a 2% real estate tax credit, if allowed by law, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 Public Hearing – A public hearing to receive public comment regarding a Resolution to adopt the Fiscal Year 2023-2024 Annual Action Plan for the City of Suffolk’s Community Development Block Grant Program (CDBG) and the Western Tidewater Home Consortium Home Investment Partnership Grant Program (HOME) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered a summation of the background information as printed on the official agenda. Hearing no speakers, the public hearing was closed. 11 City Council Regular Meeting April 19, 2023 Referring to the presentation, Council Member Rector opined about the public services criteria for Hope Center Ministries as it relates to eligibility for Community Development Block Grant Program funding. Planning and Community Development Director Wyne stated that any agency wanting information about the mechanics of seeking funding can contact the Planning and Community Development Department can provide that information. There was no action required on this item at this time. ORDINANCES Ordinance – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 5, Subdivision, Section 31-506(b)(2), Minor Subdivision, Appendix A, Definitions, and Appendix B, Submission Requirements, B-9, Final Plats or Site Plans; OTA2022-002 (This item was continued from the December 21, 2022, City Council meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne presented an overview of the background information as printed in the official agenda. Referring to the distributed handout, City Attorney Hutchings stated that the following language needed be added to the proposed ordinance: amend 31-506(b)(2) to add – (D.) Final plats of minor subdivisions approved by the Director or his designee prior to April 19, 2023, evidenced by the signature of the Director or his designee on minor subdivision plats records in the land records of the Office of the Circuit Court Clerk of the City of Suffolk, shall not be rendered null and void for failure to meet the requirements of subsection A. above. Referring to the distributed handout, Council Member Bennett opined about any items approved prior to the aforementioned date. City Attorney Hutchings said that those items would be grandfathered. Council Member Bennett, on a motion seconded by Council Member Johnson, moved to approve the ordinance with the following amendment – “amend 31-506(b)(2) to add – (D.) Final plats of minor subdivisions approved by the Director or his designee prior to April 19, 2023, evidenced by the signature of the Director or his designee on minor subdivision plats records in the land records of the Office of the Circuit Court Clerk of the City of Suffolk, shall not be rendered null and void for failure to meet the requirements of subsection A. above.”, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 5, SUBDIVISION, SECTION 31- 506(B)(2), MINOR SUBDIVISION, APPENDIX A, DEFINITIONS, AND APPENDIX B, SUBMISSION REQUIREMENTS, B-9, FINAL PLATS OR SITE PLANS, AS AMENDED; OTA2022-002 RESOLUTIONS There were no items under this portion of the agenda. 12 City Council Regular Meeting April 19, 2023 STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a City Council Work Session for Wednesday, May 3, 2023, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, May 3, 2023, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Jeannette Hodges, 5757 Godwin Boulevard, was not present when called. Satoria Holland, 304 Beech Street, was not present when called. Travis McKinney, 2804 Lake Cohoon Point, was not present when called. Joseph Bass, 1533 Moore’s Point Road, was not present when called. Christopher Dove, 852 Colonel Meade Drive, representing opined about funding for Suffolk Public Schools. Mayor Duman announced that Joseph Bass was in the City Council Chamber and called him forward to offer his remarks. Mr. Bass opined about Operation Ceasefire. NEW BUSINESS City Clerk Dawley presented the following item for consideration: a motion to nominate and appoint Council Member Shelley Butler Barlow and Council Member Williams to the Virginia Municipal League Infrastructure Policy Committee. Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to nominate and appoint the aforementioned individuals to the respective committee, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 13 City Council Regular Meeting April 19, 2023 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved that City Council reconsider CUP2022-028 that was denied on February 15, 2023, and that a public hearing for this matter occur on May 17, 2023, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, and Rector 7 NAYS: Council Member Williams 1 Council Member Bennett called on City Manager Moor to research the feasibility of installing an electronic sign at Healing Baptist Church. Council Member Rector queried about receiving a report from City Attorney Hutchings regarding abstentions. Mayor Duman opined about the matter. City Attorney Hutchings added that a member of City Council can abstain, but abstaining impact the outcome of an item and are similar to a no vote. ANNOUNCEMENTS AND COMMENTS Council Member Johnson, on a motion seconded by Council Member Bennett, moved to suspend Comments from City Council, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: Public Works Department’s observation of “Work Zone Awareness Week”; Telecommunicators Banquet; the Commissioner of the Revenue’s high mileage vehicle event; the Suffolk Parks and Recreation Department’s Bennett’s Creek Recreation Center Ribbon Cutting Ceremony; the Suffolk Transit Fare-Free Day in observance of Earth Day; the Suffolk Public Library’s 2023 Iconicon and the Suffolk Earth and Arts Festival. Council Member Rector, on a motion seconded by Council Member Johnson, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 12:24 a.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: OCTOBER 4, 2023 14