City Council Meeting Agendas

City Council Regular Meeting December 20, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 20, 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 Tracey L. Sanford, Deputy 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 Deputy City Clerk Sanford presented a resolution certifying the Closed Meeting of December 20, 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 DECEMBER 20, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 20, 2023 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Rector, moved to approve the minutes from the September 20, 2023, 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 There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Johnson on a motion seconded by Council Member Bennett, 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, Rector and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA Deputy City Clerk Sanford presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate additional funds from the United States Department of Agriculture for the Summer Food Services Program Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Department of Aviation in support of site preparation design for a T-Hanger project at the Suffolk Executive Airport Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Keep Virginia Beautiful 2023 Fall Green Grant Award program for the City of Suffolk Litter Prevention and Recycling Program Consent Agenda Item #10 - An ordinance to authorize the City Manager to expend $215,000 in Automated Traffic Enforcement Program funds in support of pedestrian and traffic safety improvements Consent Agenda Item #11 - An ordinance to name Downtown Festival Park 2 City Council Regular Meeting December 20, 2023 Consent Agenda Item #12 - An ordinance to accept and appropriate funds from the James Madison University Youth Entrepreneurship Strategies Program for the Kid Zone Before and After School Program Consent Agenda Item #13 - An ordinance to amend Chapter 34, Article 8, Wetlands, to align with Code of Virginia Title 28.2, Chapter 13, Wetlands; OTA2023-010 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 Butler Barlow, 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 Amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities; OTA2023-008 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne gave a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett asked about the baseline in soil testing, as it relates to frequency and method. Planning and Community Development Director Wyne advised that the provisions are deliberately broad. Referring to the presentation, Council Member Fawcett inquired about the authority that determines soil testing. Planning and Community Development Director Wyne said there are a variety of factors to be considered, and testing would likely be a condition in an ordinance. Council Member Fawcett made a motion that Section d(2) be removed from Exhibit B of the proposed ordinance and the remainder of the ordinance be approved, as presented. Referring to the motion, Council Member Butler Barlow asked for clarification about the location of the amendment in the proposed ordinance and offered comments about incentivizing solar away from agricultural land. Referring to the presentation, Council Member Butler Barlow solicited information about the proposed cap on the acreage referenced in section d(2) of the proposed ordinance. Planning and Community Development Director Wyne advised that the number was fairly static and can be easily enforced. He concluded that the proposal tries to be as predictable as possible. 3 City Council Regular Meeting December 20, 2023 Referring to the presentation, Council Member Butler Barlow requested information about the impact of legal challenges on the proposal. Planning and Community Development Director Wyne stated the importance of the proposal in being predictable for applicants. Referring to the presentation, Council Member Rector asked whether the federal government has regulations relating to soil contamination. Planning and Community Development Director Wyne said he was unaware of such regulations only related to solar, but there is information relating to agriculture. Referring to the presentation, Council Member Rector inquired about the amount of land within the proposed land cap. Planning and Community Development Director Wyne advised that the acreage within the land cap for solar would change in relation to the amount of agricultural land that exists. Council Member Fawcett, on a motion seconded by Council Member Rector, that section d(2) be removed from Exhibit B of the proposed ordinance and the remainder of the ordinance be approved, as presented. Referring to the presentation, Council Member Johnson solicited information on the process of decommissioning. Planning and Community Development Director Wyne replied he process will be no different than how staff handles subdivision performance bonds. Council Member Johnson asked for clarification about the motion. Council Members Fawcett and Butler Barlow explained that the proposed motion removes section d(2) from Exhibit B of the proposed ordinance, which would eliminate the .5 percent cumulative acreage cap for solar farms. Referring to the presentation, Council Member Fawcett opined about the baseline definition of soil contamination. Planning and Community Development Director Wyne reported the baseline is defined by the condition of the soil as it exists today. Council Member Fawcett requested information about the frequency of soil testing. Planning and Community Development Director Wyne indicated testing would be required every five years. Council Member Fawcett asked about the frequency of soil testing within the five-year period. Planning and Community Development Director Wyne advised that soil testing would be once every five years. Members of City Council opined about the proposed ordinance. On a substitute motion Council Member Rector, seconded by Council Member Fawcett, moved to amend the proposed ordinance to change “one half of one percent (.5%)” to “one percent (1%)” in section d(2) of Exhibit B and approve the remainder of the ordinance, as presented. Referring to the substitute motion, Council Member Butler Barlow sought clarification about the motion approving an ordinance with the land cap raised to 1% of total land area in the City zoned Agricultural (A). Mayor Duman affirmed the statement. 4 City Council Regular Meeting December 20, 2023 On a substitute motion Council Member Rector, seconded by Council Member Fawcett, moved to amend the proposed ordinance to change “one half of one percent (.5%)” to “one percent (1%)” in section d(2) of Exhibit B and approve the remainder of the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Fawcett, Rector and Williams 5 NAYS: Council Members Bennett, Butler Barlow and Johnson 3 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-724, SOLAR ENERGY FACILITIES; OTA2023-008, AS AMENDED 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. MOTIONS Motion - A motion to schedule a City Council Work Session for Wednesday, January 3, 2024, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to schedule a City Council Work Session, for Wednesday, January 3, 2024, 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, Rector and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS There were no speakers under this portion of the agenda. 5 City Council Regular Meeting December 20, 2023 NEW BUSINESS Deputy City Clerk Sanford presented the following nominations for appointment to the respective bodies: Library Advisory Board – Tracey Hamilton; Parks and Recreation Advisory Board – Kem Ingram; Western Tidewater Community Services Board – Lula Holland; and Wetlands Board – Geoffrey Hinshelwood Council Member Bennett, on a motion seconded by Council Member Fawcett, moved to nominate and appoint the aforementioned individuals to the respective bodies, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation and a video, Media and Community Relations Director Jennifer Moore provided a report on the following: a recap of holiday events; the City’s operating schedule on Christmas and New Year’s Day; Publix Grand Opening; expansion of ESKA USA to Suffolk; Festival of Lights at Sleepy Hole Park; Suffolk Public Library’s Noon Year’s Eve event; Suffolk Public Library’s Winter Reading Challenge; Council Member Rector acknowledged the Agricultural Advisory Committee presentation given at the Work Session. Council Member Rector opined about the holiday season. Council Member Williams reported he attended the following: Deborah Women in Ministry Gala; City’s holiday parade; Gesthemene Baptist Church event; and the Publix Grand Opening. Council Member Fawcett announced he attended the Bon Secours Topping Off Ceremony and Publix Grand Opening. Council Member Fawcett commented on the locating of ESKA USA in Suffolk. Council Member Fawcett opined about the Festival of Light at Sleepy Hole Park. Council Member Bennett reported he attended the City’s holiday parade. Council Member Bennett opined about the amount of money raised through the various traffic cameras in the city. Council Member Johnson opined about agriculture and encouraged people to shop local during the holidays. Vice Mayor Ward reported he attended the Bon Secours topping off ceremony; Gesthemene Baptist Church event; and Kroger reopening. Vice Mayor Ward opined about the Agriculture Advisory Committee. 6 City Council Regular Meeting December 20, 2023 Vice Mayor Ward congratulated Deputy City Attorney Thomas Mueller on his upcoming retirement. Vice Mayor Ward said he attended the Deborah Women in Ministry Gala. Vice Mayor Ward commented on a bear reported in Belleville. Mayor Duman congratulated Deputy City Attorney Thomas Mueller on his upcoming retirement. Mayor Duman reported he attending the following: the 50th Anniversary of the Great Dismal Swamp National Wildlife Refuge; the Deborah Women in Ministry Gala; the City employee holiday party; the City Council holiday party; City’s holiday parade; Nansemond Indian Nation’s holiday event; and the Bon Secours Topping Off Ceremony. Mayor Duman thanked Council Member Rector for representing the City at the Horton Wreath Society’s Annual Wreath Laying Ceremony. Mayor Duman announced that he met with Senator-elect Emily Brewer and Delegate-elect Nadarius Clark about the City’s legislative agenda. Mayor Duman reported he attended Suffolk Public Schools’ STEMS Century Documentary Screening. Council Member Fawcett, on a motion seconded by Council Member Williams, 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 8:00 p.m. Teste: ____________________________________________ Tracey L. Sanford, CMC, Deputy City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: FEBRUARY 21, 2024 7