City Council Meeting Agendas

City Council Regular Meeting July 2, 2025 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 2, 2025, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow John T. Rector LeOtis L. Williams Ebony N. Wright Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT Council Member Johnson was excused. CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Mayor Duman announced that Council Member Johnson was excused. 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 July 2, 2025, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Bennett, on a motion seconded by Council Member Rector, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JULY 2, 2025, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting July 2, 2025 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to approve the minutes from the April 2, 2025, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 SPECIAL PRESENTATIONS Special Presentation - A proclamation in recognition of “Park and Recreation Month” Mayor Duman presented the above referenced proclamation to Parks and Recreation Director Mark Furlo and members of the Parks and Recreation Advisory Commission. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman announced that a motion is required to amend the agenda to include a resolution regarding the appointment of the Interim City Manager under the Resolutions portion of the agenda, to add additional discussion of boards and commissions under New Business and adopt the remainder of the agenda, as presented Council Member Rector, on a motion seconded by Council Member Williams, moved to amend the agenda to include a resolution regarding the appointment of the Interim City Manager under the Resolutions portion of the agenda, to add additional discussion of boards and commissions under New Business and to adopt the remainder of the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 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 the Suffolk Parks and Trails Alliance for the Suffolk Department of Parks and Recreation to enhance the Festival of Lights event Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services Byrne/Justice Assistance Equipment Grant in support of the Suffolk Sheriff’s Department 2 City Council Regular Meeting July 2, 2025 Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services Operation Ceasefire Grant Program in support of the Suffolk Police Department Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Virginia 9-1-1 Services Board Public Safety Answering Point Grant Program for the Suffolk Police Department Consent Agenda Item #11 - An ordinance to repeal Article II Erosion and Sedimentation Control of Chapter 34 Environment and replace it with Article II Stormwater System Discharges to align with changes to Chapter 35 of the City Code Consent Agenda Item #12 - An ordinance to repeal Chapter 35 Stormwater Management and replace it with Chapter 35 Erosion and Stormwater Management to align with requirements of the Code of Virginia Referring to Consent Agenda Items #7 through #12, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Butler Barlow, on a motion seconded by Vice Mayor Ward, moved to adopt Consent Agenda Items #7 and #12, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 PUBLIC HEARINGS Public Hearing - An ordinance to amend and re-ordain the adopted Fiscal Year 2025-2026 Fee Schedule for the City of Suffolk, Virginia, to amend the Western Tidewater Water Authority Fees for the wholesale water rate and the fixed capacity charge Utilizing a PowerPoint presentation, Public Utilities Director Paul Retel 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 Vice Mayor Ward, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE TO AMEND AND RE-ORDAIN THE ADOPTED FISCAL YEAR 2025-2026 FEE SCHEDULE FOR THE CITY OF SUFFOLK, VIRGINIA, TO AMEND THE WESTERN TIDEWATER WATER AUTHORITY FEES FOR THE WHOLESALE WATER RATE AND THE FIXED CAPACITY CHARGE 3 City Council Regular Meeting July 2, 2025 Public Hearing - An ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Suffolk Seaboard Coastline Trail, Segment 1 Utilizing a PowerPoint presentation, Parks and Recreation Director Furlo supplied a report of the background information as printed in the official agenda for the above referenced item and the next two items - an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Suffolk Seaboard Coastline Trail, Segment 3A and an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Suffolk Seaboard Coastline Trail, Segment 3B. Hearing no speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Wright, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND/OR PERMANENT AND/OR TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE SUFFOLK SEABOARD COASTLINE TRAIL, SEGMENT 1 Public Hearing - An ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Suffolk Seaboard Coastline Trail, Segment 3A Hearing no speakers, the public hearing was closed. Council Member Bennett, on a motion seconded by Council Member Wright, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND/OR PERMANENT AND/OR TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE SUFFOLK SEABOARD COASTLINE TRAIL, SEGMENT 3A 4 City Council Regular Meeting July 2, 2025 Public Hearing - An ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Suffolk Seaboard Coastline Trail, Segment 3B Hearing no speakers, the public hearing was closed. Council Member Butler Barlow, 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, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND/OR PERMANENT AND/OR TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE SUFFOLK SEABOARD COASTLINE TRAIL, SEGMENT 3B ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS City Clerk Dawley presented the following item for City Council’s consideration - A resolution appointing the Interim City Manager Kevin M. Hughes and setting the salary of the Interim City Manager Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 A RESOLUTION APPOINTING THE INTERIM CITY MANAGER KEVIN M. HUGHES AND SETTING THE SALARY OF THE INTERIM CITY MANAGER STAFF REPORT There were no items under this portion of the agenda. 5 City Council Regular Meeting July 2, 2025 MOTIONS Motion - A motion to schedule a City Council Work Session, for Wednesday, July 16, 2025, at 4:00 p.m., unless canceled by the Mayor and the City Manager Council Member Williams, on a motion seconded by Council Member Wright, moved to schedule a City Council Work Session, for Wednesday, July 16, 2025, at 4:00 p.m., unless cancelled by the Mayor and the City Manager, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 NON-AGENDA SPEAKERS Bryant Baker, 1837 Oyster Bay Lane, was not present when called. Ann Horne 133 Niblick Circle representing self, opined about the development’s impact on community resources. NEW BUSINESS City Clerk Dawley presented the following nominations for appointment to the respective boards and commissions - Fine Arts Commission - Susan Lawrence and Catherine Wass; Hampton Roads Planning District Commission - Kevin Hughes (effective August 1, 2025); Historic Landmarks Commission - Susan Coley and Brian Shaffer; Parks and Recreation Advisory Commission - Wayne White; Paul D. Camp Community College Board - Betty Ricks-Montgomery; Sister Cities Commission – Bettie Swain; Suffolk Clean Community Commission – Sheri Beverly and Robert Rhodes; Suffolk Clean Community Commission – Keep Suffolk Beautiful Executive Board – Marc Davis, Deborah Farrell, William Farrell, and Wayne Utley and Suffolk Redevelopment and Housing Authority - Michael McBride and Terrance Parks. Council Member Williams, on a motion seconded by Vice Mayor Ward, 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, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 CITY COUNCIL’S DISCUSSION APPOINTMENTS TO BOARDS AND COMMISSIONS (This item was continued from today’s Work Session to this portion of the agenda.) Council Member Wright questioned the feasibility of removal of boards and commissions members, at will. City Attorney Hutchings said that the State Code does not set up procedures for at will removal. He added that he would recommend following the State provisions regarding removal at the pleasure of City Council. 6 City Council Regular Meeting July 2, 2025 Council Member Wright inquired about City Council’s ability to make the boards and commissions appointments specific to an individual member of City Council. City Attorney Hutchings replied in the negative, as appointments can only be made by the entire City Council. Council Member Williams theorized about the relation of borough specific advisory groups to the nomination process. City Attorney Hutchings agreed that any member of City Council could make a nomination as long as the nominee lived in the borough for which they are nominated. Council Member Williams asked how some boards and commissions membership could be made borough specific. City Attorney Hutchings advised that City Council would need to amend the City Code in order to require certain boards and commissions borough specific. Council Member Williams queried about the required number of boards and commissions members required on each group, should City Council amend the City Code to make certain boards and commissions borough specific. City Attorney Hutchings reported that in that scenario, the number of boards and commissions members would need to reflect the composition of City Council. Council Member Williams called for clarification about City Council’s ability to remove a member from the Suffolk Redevelopment and Housing Authority. City Attorney Hutchings explained that the removal of a member of the Suffolk Redevelopment and Housing Authority would only be permitted for one of the reasons as outlined in the State Code. Council Member Williams reiterated his comments about making advisory groups borough specific. City Attorney Hutchings agreed that City Council could make groups borough specific unless it contradicts Virginia law. Council Member Butler Barlow inquired about City Council’s ability to make the boards and commissions appointments specific to an individual member of City Council. City Attorney Hutchings replied in the negative, as appointments can only be made by the entire City Council. Members of City Council opined about the boards and commissions appointments. Vice Mayor Ward began presiding over the meeting. Mayor Duman, on a motion seconded by Council Member Wright, moved to direct the City Attorney to provide City Council with options to adhere to all local and State Code requirements for options for an application process, options for borough specific members to Planning Commission, Suffolk Redevelopment and Housing Authority, Parks and Recreation Advisory Board, Library Advisory Board and Human Services Advisory Board, the removal of City Code Section 2-36(c) and the timing of the application submittal, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 7 City Council Regular Meeting July 2, 2025 Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to direct the Planning Commission to recommend amendments to the Unified Development Ordinance that provide requirements and standards for data centers by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 Mayor Duman assumed presiding over the meeting. Council Member Rector, on a motion seconded by Council Member Williams, moved to direct the Downtown Advisory Committee to provide a report to the Planning Commission that recommends revisions to the Downtown Master Plan and that the Planning Commission be directed to recommend amendments to the Downtown Master Plan to City Council for adoption after a public hearing no later than March 18, 2026, and the Downtown Advisory Committee’s report should be submitted no later than December 1, 2025, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 Council Member Wright, on a motion seconded by Council Member Rector, moved to direct the City Manager to provide a report to City Council regarding the requirements for homeowner association to pay permit fees to have food trucks, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 City Clerk Dawley announced that Dr. Valija Rose registered to speak as a Non-Agenda Speaker via email thus missing the 6:00 p.m. registration deadline as outlined in City Council’s Rules of Order and Procedure. She explained that in order to permit Dr. Rose to address City Council at this time, a motion would be in order to suspend City Council’s Rules of Order and Procedure to permit Dr. Valija Rose to speak as a Non-Agenda Speaker. Council Member Bennett, on a motion seconded by Council Member Williams, to suspend City Council’s Rules of Order and Procedure to permit Dr. Valija Rose to speak as a Non-Agenda Speaker, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 Dr. Valija Rose, 168 Preserve Way, representing self, opined about the Preserve at Lake Meade. Council Member Rector, on a motion seconded Council Member Butler Barlow, moved to direct the Planning Commission to recommend amendments to the Unified Development Ordinance that requires the Planning Department to report on whether a proposed use aligns with the Downtown Master Plan for Conditional Use Permit applications of properties located in the Downtown Master Plan. 8 City Council Regular Meeting July 2, 2025 Referring to the proposed motion, Council Member Bennett called for clarification of the motion. Council Member Rector said that this amendment would create a new requirement for Conditional Use Permit applications in the downtown area requiring that the use align with the Downtown Master Plan. Council Member Wright, on a substitute motion seconded by Council Member Bennett, moved to continue consideration of the motion to direct the Planning Commission to recommend amendments to the Unified Development Ordinance that requires the Planning Department to report on whether a proposed use aligns with the Downtown Master Plan for Conditional Use Permit applications of properties located in the Downtown Master Plan. City Attorney Hutchings stated that the substitute motion would require a specific date. Council Member Wright, on an amended substitute motion seconded by Council Member Bennett, moved to continue consideration to direct the Planning Commission to recommend amendments to the Unified Development Ordinance that requires the Planning Department to report on whether a proposed use aligns with the Downtown Master Plan for Conditional Use Permit applications of properties located in the Downtown Master Plan to the July 16, 2025, City Council meeting. City Manager Moor called for 30 days in order to address this inquiry. City Attorney Hutchings advised that at this point, all of the motions need to be withdrawn and a new motion needs to be presented for consideration. Council Member Rector and Council Member Butler Barlow withdrew the primary motion. Council Member Wright and Council Member Bennett withdrew the amended substitute motion. Council Member Rector, on a motion seconded by Council Member Wright, move to direct the City Manager to provide a report about what is covered and what is not covered in the Downtown Master Plan at the August 20, 2025, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Rector, Williams and Wright 7 NAYS: None (Council Member Johnson was excused.) 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Communications Director Jennifer Moore provided a report on the following: the City’s observance of the Independence Day holiday; the Parks and Recreation Department’s Stars and Stripes Spectacular; the ribbon cuttings for PosAbilites, LLC and stayAPT; the Chesapeake and Suffolk Boundary Line Update webpage; the Suffolk Public Library’s Amazing Peanut Race Citywide Scavenger Hunt; the Public Works Department’s Special Pick-up schedule; the Paint the Town Downtown Festival Park Mural and the availability of the Public Safety Portal. Council Member Rector announced that he attended the following: East End Baptist Church’s Juneteenth event; the retirement luncheon for Public Works Director Robert Lewis and the Western Tidewater Water Authority meeting. Council Member Rector opined about the new ventilators on Suffolk Fire and Rescue Department’s vehicles. Council Member Rector requested a list of the projects approved by the Public Safety Committee. 9 City Council Regular Meeting July 2, 2025 Council Member Williams announced that he attended the Suffolk Dreamers’ Juneteenth Festival. Council Member Butler Barlow said she went to the Suffolk Dreamers’ Juneteenth Festival. Council Member Butler Barlow opined about an interview with Agricultural Specialist Julia Hillegass in the Suffolk News Herald. Council Member Butler Barlow announced the upcoming Beginner Farm Finance and Conservation Seminar. Council Member Bennett reported issues with mosquitoes on Nansemond Parkway and Wilroy Road. Council Member Bennett announced that he attended the East End Baptist Church’s Juneteenth event and the Suffolk Dreamers’ Juneteenth Festival. Mayor Duman reported that he attended the following: the retirement luncheon for Public Works Director Robert Lewis; the Suffolk Dreamers’ Juneteenth Festival; the ribbon cutting for stayAPT and the National Night Out Kickoff. Mayor Duman opined about the Public Safety Committee. Council Member Wright, 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, Rector, Williams and Wright 6 NAYS: None (Council Member Johnson was excused and Vice Mayor Ward departed at an unknown time after the previous vote.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:08 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: NOVEMBER 5, 2025 10