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City Council Meeting Packets

Regular Meeting

Suffolk, VA · December 7, 2022

Agenda

Agenda

SUFFOLK CITY COUNCIL MEETING OF DECEMBER 7, 2022 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M. SUFFOLK CITY COUNCIL WORK SESSION December 7, 2022 4:00 p.m. City Council Chamber 1. Presentation of the Fiscal Year 2022 Annual Comprehensive Financial Report 2. Hampton Roads Sanitation District, Suffolk Capital Projects Overview 3.* Appointments * Proposed Items for Closed Session AGENDA: December 7, 2022, Work Session ITEM: Presentation of the Fiscal Year 2022 Annual Comprehensive Financial Report A representative with Cherry Bekaert LLP, the City’s independent auditors, will formally present the Annual Comprehensive Financial Report, for the fiscal year ended June 30, 2022, to City Council. AGENDA: December 7, 2022, Work Session ITEM: Hampton Roads Sanitation District, Suffolk Capital Projects Overview The Hampton Roads Sanitation District (HRSD) will provide an overview on a number of significant capital projects that are planned to take place in the City of Suffolk. SUFFOLK CITY COUNCIL AGENDA December 7, 2022 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentations 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – An ordinance to accept and appropriate funds from Suffolk Business Women, Inc. for the Suffolk Sheriff’s Department 8. Consent Agenda – An ordinance to accept and appropriate funds for the Suffolk Sheriff’s Department Operation Helping Hands Toy Drive 9. Consent Agenda – An ordinance to accept and appropriate Community Flood Preparedness funds from the Virginia Department of Conservation and Recreation and transfer funding from the Stormwater Capital Contingency Account for the Kimberly Bridge Feasibility Study 10. Public Hearing – An ordinance authorizing the execution of a lease agreement for Restaurant Services at the Suffolk Executive Airport 11. Public Hearing – An ordinance to amend Section 86-291 of the Code of the City of Suffolk restricting through truck traffic on Shoulders Hill Road, Dutchess Way, Baron Boulevard, and Suffolk Meadows Boulevard 12. Public Hearing – An ordinance to authorize the disposition of property located in Suffolk Industrial Park to the Economic Development Authority of the City of Suffolk 13. Public Hearing – A public hearing to receive public comment on an ordinance authorizing conveying a 30’ permanent HRSD utility easement, a variable width temporary HRSD construction easement, and a 25’ permanent HRSD ingress / egress easement, for the Hampton Roads Sanitation District’s (HRSD) Suffolk Pump Station Replacements Project 14. Public Hearing – An ordinance to authorize the vacation of parts of two (2) plats of the River Highlands Subdivision 15. Public Hearing – An ordinance to authorize a quitclaim deed between the City of Suffolk and NRCG Development, LLC, to release two (2) portions of passive open space within the River Highlands Subdivision from Deeds of Easement for the Maintenance of Common Areas 16. Ordinances 17. Resolutions 18. Staff Reports 19. Motion – A motion to cancel the January 4, 2023, City Council Meeting 20. Motion – A motion to schedule City Council’s Investiture Ceremony and Reorganizational Meeting for Tuesday, January 3, 2023, at 1 p.m., in City Council’s Chamber 21. Motion – A motion to schedule a City Council Work Session, for Wednesday, December 21, 2022, at 4:00 p.m., unless cancelled 22. Non-Agenda Speakers 23. New Business 24. Announcements and Comments 25. Adjournment 2 City Council Work Session June 1, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 1, 2022, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None DISPOSITION OF PUBLIC PROPERTY Utilizing a PowerPoint presentation, Diane Williams, Real Estate Manager for Acquisition, gave an update about the above referenced item. Public Works Director Robert Lewis gave supplemental information. Council Member Goldberg asked about the process for turning a private street over to the City. Public Works Director Lewis replied that the property owner would be required to bring the street up to State standards. He added that they could apply to have the street taken into the public system. Referring to the presentation, Council Member Fawcett questioned the potential difference in the allocation of funding for streets in the former Nansemond County and the current City of Suffolk. Public Works Director Lewis stated that issue has been a long-standing one and at this point, it cannot be determined if there was a potential difference in the funding allocation. Referring to the presentation, Council Member Fawcett queried about the status of resolving the disparate treatment of streets in the former Nansemond County and the current City of Suffolk. Public Works Director Lewis advised that the City is in the process of addressing that matter but the completion date is unknown. City Attorney Hutchings added that in addition to the devolution agreement between the City and the Virginia Department of Transportation, there are sections of the City Code need to be clarified to address that matter. Council Member Fawcett asked about the status of obtaining all of the property needed to begin the Shoulders Hill Road Improvement Project. Public Works Director Lewis replied in the affirmative. 1 City Council Work Session June 1, 2022 Vice Mayor Bennett called for clarification about the ownership of the various alleyways in the downtown area of the City. Public Works Director Lewis explained that some of the alleyways in that area are owned by the City. He added that there are others that have been platted and the City does not have any interest. He also said that those properties not deeded by the governing body of the former Nansemond County and in those instances, the City does not have an interest and it becomes a private matter. Vice Mayor Bennett opined about the City’s course of action in those cases as outlined above. Public Works Director Lewis replied that those matters are determined on a case-by-case basis. Vice Mayor Bennett queried about the status of the Wilroy Road Improvement Project. Ms. Williams reported that the project is in the property acquisition phase. Public Works Director Lewis added that the project advertised for bids this autumn or early winter Council Member Ward opined about any advantages to the residents of Pughsville as it relates to the City owned paper streets in that area. Public Works Director Lewis said that he was unaware of any advantages or disadvantages in that scenario. Council Member Ward asked about the feasibility of building out existing paper streets. Public Works Director Lewis indicated that in order to consider building out an existing paper street, it would require improvements based on the current road standards. Mayor Duman requested information about paying landowners for easements. Public Works Director Lewis reported that the City does pay landowners for easements and the amounts are based on temporary or permanent impact to the property. Mayor Duman sought additional information about the responsibility of maintenance when the City purchases an easement from a landowner. Public Works Director Lewis indicated that in those instances, the City is responsible for maintenance. SOLAR ENERGY FACILITIES UPDATE Referring to the presentation, Deputy City Manager Kevin Hughes provided a summation of the above referenced item. Council Member Goldberg opined about the potential impact on a farmer that wanted to use their property for a solar farm. Deputy City Manager Hughes stated that as long as the property zoned, the owner could submit an application for a conditional use permit. Council Member Fawcett queried the number of solar farm conditional use permit applications submitted since the previous applications considered by City Council. Deputy City Manager Hughes said that no additional solar farm conditional use permit applications have been submitted since the last applications considered by City Council. SUMMER SPECIAL EVENTS Utilizing a PowerPoint presentation, Tourism Development Manager Theresa Earles supplied a review of the above referenced item. 2 City Council Work Session June 1, 2022 CLOSED MEETING City Clerk Dawley presented the Closed Meeting motion for City Council’s consideration: 1. Pursuant to Virginia Code Sections 2.2-3711(A)(8) and (A)(1), the consultation with legal counsel employed by a public body regarding specific legal matters requiring the legal advice of such counsel, and the discussion, consideration, or interviews of prospective candidates for appointment and the assignment, appointment, and performance of specific public officers or appointees of the City, specifically the appointments as shown on the attached list for vacancies or term expirations for the Clean Community Commission, Early Childhood Development Commission, Hampton Roads Planning District Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Paul D. Camp Community College Board, Sister Cities Commission, Tidewater Youth Services Commission and Western Tidewater Water Authority. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved that City Council convene in a closed meeting for the above referenced purpose, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 City Council convened in Closed Meeting at 5:09 p.m. The Closed Meeting concluded at 5:14 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting June 1, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 1, 2022, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Goldberg offered the Invocation and Boy Scout Troop #1 Main Street Methodist Church led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of June 1, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JUNE 1, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting June 1, 2022 APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the December 1, 2021, Work Session and Regular Meeting, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman said that a motion was in order at this time to adopt the agenda, as presented. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, move to adopt the agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no items 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 a Walmart Community Grant for the City of Suffolk Sheriff’s Department Consent Agenda Item #8 - An ordinance to accept and appropriate state and federal funds for Suffolk Public Schools Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Library of Virginia through the American Rescue Plan Act for the Suffolk Public Library Consent Agenda Item #11 - An ordinance to appropriate funds from the Fleet Management Unrestricted Net Position to the Fiscal Year 2021-2022 Fleet Management Fund Budget in an amount not to exceed $350,000 2 City Council Regular Meeting June 1, 2022 Consent Agenda Item #12 - An ordinance to amend Chapter 82, Article XX, Division 2, Section 82- 901 of the City Code Concerning Distiller, Brewery, Bottler, Beer and Wine License Taxes Consent Agenda Item #13 - A resolution authorizing an application for federal funding assistance from the United States Department of Transportation/Federal Transit Administration for the Low or No Emission competitive program Consent Agenda Item #14 - A resolution authorizing an application for federal funding assistance from the United States Department of Transportation/Federal Transit Administration for the buses and bus facilities competitive program Consent Agenda Item #15 - A resolution to accept a donation of personal property for the Suffolk Department of Fire and Rescue Referring to Consent Agenda Items #7 through #15, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 PUBLIC HEARINGS There were no items under this portion of the agenda. ORDINANCES Ordinance – An ordinance 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 removed, at the request of the applicant, at the April 6, 2022, City Council meeting and continued from the May 18, 2022, City Council Meeting. ) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne supplied an overview of the background information as printed in the official agenda. He also advised City Council that this afternoon the applicant submitted the following proposed amendment to condition number three – “A Laycock Lane Shoulders Hill Road intersection analysis was updated from Karen McPherson, P.E., dates April 15, 2022. The intersection can accommodate 303 multifamily units at its present state. When construction of Bridge Road and Shoulders Hill Road is built this proffer will be eliminated. 186 townhomes and attached condominium units, an increase from 111 townhome and attached condominium units previously approved shall receive an occupancy permit prior to the completion of the construction of Bridge Road and Shoulders Hill Road improvement.” 3 City Council Regular Meeting June 1, 2022 Council Member Fawcett opined about the potential impact of traffic as it relates to Bridge Road and Shoulders Hill Road improvement and the proposed ordinance. Public Works Director Robert Lewis explained that the Bridge Road and Shoulders Hill Road improvement will be completed in about a year and a half. Council Member Fawcett moved to deny the proposed ordinance. The motion failed to receive a second. Council Member Goldberg called for clarification about the feasibility of seeking additional information from John Napolitano, representing Bennetts Creek Quarter, LLC, applicant and property owner, regarding the proposed ordinance. City Attorney Hutchings said that as the proposed ordinance has been presented without a public hearing, inquires can only be presented to City staff. Referring to the presentation, Council Member Goldberg queried about the number of units can be built. Interim Planning and Community Development Director Wyne advised that based on the amended condition presented tonight, the proposed ordinance would permit 75 additional units. Referring to the presentation, Council Member Johnson asked about the total number of units that can be built after the completion of the intersection, as outlined in the proposed ordinance. Interim Planning and Community Development Director Wyne reported that a total of 405 units will be permitted after the completion of the intersection as outlined in the proposed ordinance. Referring to the presentation, Council Member Johnson sought information about the potential traffic increase in the event that the proposed amendment to 186 multifamily units is approved. Public Works Director Lewis indicated that approximately 750 additional trips a day would be generated with the approval of 186 multifamily units. Referring to the presentation, Council Member Fawcett opined the additional increase in units will result in traffic congestion. Public Works Director Lewis advised that the Traffic Engineering Division recommended denial based on the Traffic Impact Analysis. Council Member Goldberg, on a motion seconded by Council Member Williams, moved for approval of the proposed ordinance, with conditions number one, two and four as printed in the official agenda and condition number three with the following amendment – “A Laycock Lane Shoulders Hill Road intersection analysis was updated from Karen McPherson, P.E., dates April 15, 2022. The intersection can accommodate 303 multifamily units at its present state. When construction of Bridge Road and Shoulders Hill Road is built this proffer will be eliminated. 186 townhomes and attached condominium units, an increase from 111 townhome and attached condominium units previously approved shall receive an occupancy permit prior to the completion of the construction of Bridge Road and Shoulders Hill Road improvement.”, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 7 NAYS: Council Member Fawcett 1 RESOLUTIONS There were no items under this portion of the agenda. 4 City Council Regular Meeting June 1, 2022 STAFF REPORTS Staff Report – Affordable Housing Update Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne provided a review of the above referenced item. Staff Report – Public Safety Update Utilizing a PowerPoint presentation, Police Chief Alfred Chandler submitted a synopsis of the above referenced item. Council Member Williams queried about the feasibility of implementing a gun buyback program. Police Chief Chandler said that in order to implement that type of program, it would require legislation by City Council. Council Member Williams called for clarification about the City of Suffolk’s witness protection program. Police Chief Williams explained that type of program is more common in much larger localities. MOTIONS Motion – A motion to schedule a public hearing to be held on June 15, 2022, to receive public comment on the Nonexclusive Master Lease Agreement with the Southside Network Authority Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing to be held on June 15, 2022, to receive public comment on the Nonexclusive Master Lease Agreement with the Southside Network Authority, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion - A motion to schedule a City Council Work Session, for Wednesday, June 15, 2022, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, June 15, 2022, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Pamela Ward, 114 Nancy Drive, representing self, was not present when called. 5 City Council Regular Meeting June 1, 2022 Roosevelt Jones, 5809 Hawk Lane, representing Greater Oakland/Chuckatuck Civic League, asked for water meters on unmetered water system in Chuckatuck. Tammy Coker, 209 Walnut Street, representing self, opined about issues related to the Birdsong Peanut expansion project. Margaret Wynn, 212 Maple Street, representing self, opined about issues related to the Birdsong Peanut expansion project. Todd Criner, 124 Beechwood Drive, representing self, opined about mowing during peak hours. Carlito Hamlin, 111/113 Grayson Court, representing self, was not present when called. NEW BUSINESS City Clerk Dawley presented the following nomination to the respective board and commission: Paul D. Camp Community College Board (effective July 1, 2022) - Marcus Gersbach. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to nominate and appoint the above referenced individual to the aforementioned body, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Timothy Kelley provided a report on the following: the ribbon cutting for Acesur; the Suffolk Police Department’s Promotional Ceremony; the Suffolk Police Department’s Badge Pinning Ceremony; the Suffolk Public Works Department’s Job Fair; the Parks and Recreation Department’s TGIF Summer Concert Series; the installation of free pet waste stations by the Suffolk Public Works Department; the Suffolk 2045 Comprehensive Plan; and the Commonwealth’s coronavirus vaccination finder website and customer service number. Council Member Butler Barlow acknowledged the Suffolk Police Department. Council Member Johnson acknowledged the Suffolk Fire and Rescue Department and the Suffolk Police Department. Council Member Fawcett acknowledged the Suffolk Police Department. Council Member Williams acknowledged the Suffolk Police Department. Council Member Goldberg acknowledged the Suffolk Fire Department. Council Member Ward opined about the Suffolk State of the City. 6 City Council Regular Meeting June 1, 2022 Council Member Ward acknowledged the Public Works Department, the Suffolk Fire and Rescue Department and the Suffolk Police Department. Vice Mayor Bennett acknowledged the Suffolk Fire and Rescue Department and the Suffolk Police Department. Mayor Duman opined about the State of the City. Mayor Duman reported he attended the 100th Suffolk anniversary of the Suffolk Rotary; the ribbon cutting for Acesur; and the Memorial Day Ceremony at Albert G. Horton Veterans Cemetery. Mayor Duman encouraged residents to participate in the Suffolk 2045 Comprehensive Plan. Mayor Duman opined about the Federal Inmate Exception Act. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to adjourn, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:15 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 7 Special Presentations Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: December 7, 2022, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate Community Flood Preparedness funds from the Virginia Department of Conservation and Recreation and transfer funding from the Stormwater Capital Contingency Account for the Kimberly Bridge Feasibility Study Attached for Council's consideration is an ordinance to accept and appropriate $149,373.50 in Community Flood Preparedness funds from the Virginia Department of Conservation and Recreation. The funds will be used to fund a study of the flooding issues at the Kimberly Bridge including drainage analysis, topographic mapping, and recommended design alternatives. Adoption of the attached ordinance is necessary to accept and appropriate the funds to the Consolidated Grants Fund budget for Fiscal Year 2022-2023. Acceptance of the grant requires a local cash match in the amount of $149,373.50 which is available through a transfer from the Stormwater Capital Contingency Account. BUDGET IMPACT: Adoption of the ordinance will increase the Consolidated Grants Fund budget by $149,373.50 for the above-noted purpose and requires a local cash match of $149,373.50 which is provided for in the Stormwater Fund. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Award Letter AGENDA: December 7, 2022, Regular Session ITEM: Public Hearing - A Public Hearing to receive public comment on an ordinance authorizing conveying a 30' permanent HRSD utility easement, a variable width temporary HRSD construction easement, and a 25' permanent HRSD ingress / egress easement, for the Hampton Roads Sanitation District's (HRSD) Suffolk Pump Station Replacements Project This project is to relocate and replace the existing HRSD Suffolk Pump Station. In lieu of constructing one replacement pump station, two pump stations will be constructed. One pump station will be retained by HRSD as a replacement for the existing Suffolk Pump Station; the other pump station will be transferred to the City of Suffolk. This project will replace the existing Suffolk Pump Station with a station that meets the current capacity needs and provides for future expansion to meet anticipated growth. The existing pump station site does not provide the needed space for expansion, is difficult to access with large maintenance equipment/vehicles, and creates nuisance traffic to the surrounding residential neighborhood. The incoming Shingle Creek Gravity Sewer has rehabilitation needs identified in the Rehabilitation Plan. Relocation of the pump station could provide efficiencies in combining these two projects to eliminate a siphon system and creek crossmg. In exchange for the Easement, HRSD will be providing the city with funding to construct a second playground at Cypress Park. BUDGET IMPACT: No budget impact is anticipated RECCOMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Map Deed of Easement AGENDA: December 7, 2022 Regular Session ITEM: Public Hearing - An ordinance to authorize the vacation of parts of two (2) plats of the River Highlands Subdivision Presented for your consideration is an ordinance authorizing the vacation of parts of two (2) plats of the River Highlands Subdivision. Passive Open Space E is currently identified as parcel Account Number 254002093 and Tax Map 26F*RH*OS*E. Passive Open Space E is comprised of 4,613 square feet or 0.106 acres and is shown as passive open space on plat Instrument #190009987 (Phase 1 of River Highlands), dated May 11, 2018, and revised April 2, 2019. Passive Open Space G is currently identified as parcel Account Number 254002719 and Tax Map 26F*RH*OS*G. Passive Open Space G is comprised of 5,402 square feet or 0.124 acres and is shown as passive open space on plat Instrument#210015941 (Phase 2A of River Highlands), dated March 29, 2021, and revised June 18, 2021. The developer of the River Highlands subdivision, NRGC Development, LLC, requests to vacate these parts of two (2) recorded plats in order to convert them into future City right of way to allow roadway connections to a new phase of the subdivision known as River Highlands Phase 3 that is proposed to the north of the existing subdivision. RECOMMENDATION: Staff recommends approval of the attached ordinance. ATTACHMENTS: Property Map Proposed Ordinance Exhibit A - Survey of Open Space E Exhibit B - Survey of Open Space G AGENDA: December 7, 2022 Regular Session ITEM: Public Hearing - An ordinance to authorize a quitclaim deed between the City of Suffolk and NRCG Development, LLC, to release two (2) portions of passive open space within the River Highlands Subdivision from Deeds of Easement for the Maintenance of Common Areas Presented for your consideration is an ordinance authorizing a quitclaim deed releasing two (2) sections of passive open space, E and G, within the River Highlands Subdivision from Deeds of Easement for the Maintenance of Common Areas. Passive Open Space E is currently identified as parcel Account Number 254002093 and Tax Map 26F*RH*OS*E. Passive Open Space E is comprised of 4,613 square feet or 0.106 acres and was previously made subject to a Deed of Easement as passive open space by Instrument #190009990, dated May 28, 2019. Passive Open Space G is currently identified as parcel Account Number 254002719 and Tax Map 26F*RH*OS*G. Passive Open Space G is comprised of 5,402 square feet or 0.124 acres and was previously made subject to a Deed ofEasement as passive open space by Instrument #210015944, dated March 25, 2021. The developer of the River Highlands subdivision, NRGC Development, LLC, requests to release these two (2) sections of passive open space from the Deeds of Easement in order to convert them into future City right of way to allow roadway connections to a new phase of the subdivision known as River Highlands Phase 3 that is proposed to the north of the existing subdivision. RECOMMENDATION: Staff recommends approval of the attached ordinance. ATTACHMENTS: Property Map Proposed Ordinance Exhibit A - Proposed Quitclaim Deed and Surveys Ordinances Resolutions Staff Reportss Motion to cancel the January 4, 2023, City Council Meeting Motion to schedule City Council's Investiture Ceremony and Reorganizational Meeting for Tuesday, January 3, 2023, at 1 p.m., in City Council's Chamber Motion to schedule a City Council Work Session for Wednesday, December 21, 2022, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments

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