City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF SEPTEMBER 6, 2023 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION September 6, 2023 4:00 p.m. City Council Chamber 1. Mental Health Briefing – WTCSB 2. 2045 Comprehensive Plan: Economic Development and Agriculture AGENDA: September 6, 2023, Work Session ITEM: Mental Health Briefing - WTCSB Brandon Rodgers, Western Tidewater Community Services Board, Director of Operations, will give the presentation regarding Mental Health Services in the City of Suffolk. AGENDA: September 6, 2023, Work Session ITEM: 2045 Comprehensive Plan: Economic Development and Agriculture The Suffolk Economic Development staff will provide City Council with an update on the 2045 Comprehensive Plan: Economic Development and Agriculture.  SUFFOLK CITY COUNCIL AGENDA September 6, 2023 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentation 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 additional funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport 8. Consent Agenda – An ordinance amending Chapter 2, Sections 2-242 of the Code of the City of Suffolk concerning the membership of the Early Childhood Development Commission 9. Public Hearing – An ordinance authorizing the issuance and sale of bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof 10. Public Hearing – An ordinance authorizing the issuance and sale of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof 11. Ordinances 12. Resolutions 13. Staff Report – James River Bridge Repairs 14. Staff Report – Warehouse Performance Standards Overview 15. Staff Report – Truck Traffic on Driver Lane in the Kings Highway Area 16. Motion – A motion to schedule a City Council Work Session for Wednesday, September 20, 2023, at 4:00 p.m., unless cancelled 17. Non-Agenda Speakers 18. New Business 19. Announcements and Comments 20. Adjournment 2 City Council Work Session March 1, 2023 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 1, 2023, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelly 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, II, City Manager ABSENT None CITY ASSESSOR’S ANNUAL REPORT TO CITY COUNCIL Utilizing a PowerPoint presentation, City Assessor Holt Butt gave a report about the above referenced item. Referring to the presentation, Council Member Butler Barlow asked whether every parcel was reassessed yearly. City Assessor Butt advised every parcel is reassessed through the mass reassessment process. Referring to the presentation, Council Member Butler Barlow solicited information about the decrease in assessed value of agricultural parcels. City Assessor Butt advised that staff is working to determine the reason behind such a decrease. Referring to the presentation, Council Member Rector inquired about the meaning of the term “absorbed unit.” City Assessor Butt explained that an absorbed unit is a dwelling that has been built and occupied. Referring to the presentation, Mayor Duman asked whether all information was available on the City’s website. City Assessor Butt replied that staff would provide requested information, if the data is not protected or available on the City’s website. Referring to the presentation, Mayor Duman wondered about the inclusion of zoning information on the City’s website. City Assessor Butt advised that zoning information about parcels will be included on the department’s new assessment website. 1 City Council Work Session March 1, 2023 NANSEMOND INDIAN NATION UPDATE Utilizing a PowerPoint presentation, Tribal Chief Keith Anderson, Vice Chair Nikki Bass and tribel counsel Greg Werkheiser, Cultural Heritage Partners, LLC, submitted information about the above referenced item. Referring to the presentation, Council Member Butler Barlow inquired about the relation of wetlands the tribe received from Ducks Unlimited to federal funding. Mr. Werkheiser advised that the land is designated for conservation, and is not related to the consideration of federal monies. Referring to the presentation, Council Member Williams asked about the meaning of “MOU.” Mr. Werkheiser said a MOU is a Memorandum of Understanding. Referring to the presentation, Vice Mayor Ward requested information on the availability of federal funding. Mr. Werkheiser advised that the time to receive federal funding expired at the end of last year, and the final deadline is drawing near. Referring to the presentation, Council Member Rector inquired about the tribe’s adherence to the original contract. Mr. Werkheiser advised that the village has not been constructed, but the nation has performed other community service activities. Ms. Bass clarified that the tribe received the property with numerous deficiencies and have made improvements that benefit the larger community. 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 Early Childhood Development Commission, Economic Development Authority, Historic Landmarks Commission, Local Board of Building Code Appeals, Tidewater Youth Services Commission, and the Wetlands Board. 2. Pursuant to Virginia Code Section 2.2-3711(A)(3), the discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically, Tax Map and Parcel 10*46. Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved that City Council convene in a closed meeting for the above referenced purposes, 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 2 City Council Work Session March 1, 2023 City Council convened in Closed Meeting at 5:21 p.m. The Closed Meeting concluded at 5:54 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting March 1, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 1, 2023, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelly 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, II, 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 March 1, 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 Butler Barlow, 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 MARCH 1, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Bennett, on a motion seconded by Council Member Williams, moved to approve the minutes from the August 17, 2022, Work Session, 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 1 City Council Regular Meeting March 1, 2023 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. Council Member Rector, on a motion seconded by Council Member Fawcett, 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 items under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - A resolution adding a member to the Comprehensive Plan Steering Committee Consent Agenda Item #8 - An ordinance to amend Chapter 2, Article III, Division 14, Section 2-461 of the Code of the City of Suffolk, Virginia; and to add Section 2-464 to the Code of the City of Suffolk, Virginia in order to create a Public Safety committee Consent Agenda Item #9 - An ordinance to accept and appropriate funds proffered by McDonald Development Company in support of the Holland Road Improvements project Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Library of Virginia for the Suffolk Public Library Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the Obici Healthcare Foundation for the Suffolk Department of Parks and Recreation Referring to Consent Agenda Item #7 through Item #11, 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 Johnson, 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 2 City Council Regular Meeting March 1, 2023 PUBLIC HEARINGS Public Hearing - A resolution to adopt the Capital Improvements Program and Plan for Fiscal Years 2023-2024 through 2032-2033 Utilizing a PowerPoint presentation, Finance Director Tealen Hansen gave a review 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 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 TO ADOPT THE CAPITAL IMPROVEMENTS PROGRAM AND PLAN FOR FISCAL YEARS 2023-2024 THROUGH 2032-2033 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Automated Traffic Enforcement Update Utilizing a PowerPoint presentation, Public Work Director Robert Lewis provided a report on the above referenced item. Referring to the presentation, Council Member Bennett suggested that the intersection of Nansemond Parkway and Portsmouth Boulevard be considered for enforcement cameras. Referring to the presentation, Council Member Rector asked about the functioning of the cameras. Public Works Director Lewis advised that the cameras will read license plates. Council Member Rector inquired about the availability of the information to the Suffolk Police Department if they are looking for a certain vehicle. Police Chief Alfred Chandler replied that cameras are already at many locations, but surveillance would not be an appropriate use of the speed enforcement cameras. Referring to the presentation, Council Member Rector solicited information about the enforced speed limit hours. Police Chief Chandler said that penalties will be enhanced for infractions in a work zone, but the speed limit itself is constant. 3 City Council Regular Meeting March 1, 2023 Referring to the presentation, Council Member Fawcett requested next steps. Public Works Director Lewis surmised that an ordinance to authorize the program would be presented at the March 15, 2023, City Council meeting. Referring to the presentation, Vice Mayor Ward asked how locations for the enforcement cameras will be determined. Public Works Director Lewis advised that locations were determined by public safety, staff and residents. Referring to the presentation, Vice Mayor Ward asked whether the speed limit in all work zones was the same. Public Works Director Lewis said the speed limit is dependent upon location. MOTIONS Motion – A motion to schedule a Public Hearing for March 15, 2023, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and Curtis Mehalko, for the conveyance of real property located on Tax Map and Parcel 40A*76 Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a Public Hearing for March 15, 2023, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and Curtis Mehalko, for the conveyance of real property located on Tax Map and Parcel 40A*76, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 Motion – A motion to schedule a City Council Work Session for Wednesday, March 15, 2023, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Bennett, moved to schedule a City Council Work Session for Wednesday, March 15, 2023, at 4:00 p.m., unless cancelled, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Travis McKinney, 2804 Lake Cohoon Point, representing self, registered complaints about Suffolk Public Schools spending. Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Virginia representing self, was not present when called. Denise Murden, 4041 Kingston Parkway, representing self, opined about downtown neighbors. 4 City Council Regular Meeting March 1, 2023 NEW BUSINESS City Clerk Dawley presented the nomination of Darius Davenport for appointment to the Wetlands Board. Council Member Bennett, on a motion seconded by Council Member Williams, moved to nominate and appoint Darius Davenport to the Wetlands Board, 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, Media and Community Relations Director Jennifer Moore provided a report on the following: the award of International Accredited Status to the Suffolk Department of Fire and Rescue Department by the Commission on Fire Accreditation International; the designation of the Assessment Administration Specialist from the International Association of Assessing Officers to City Assessor Holt Butt; the Public Utilities Department’s Water Conversion; ribbon cutting of Vortex Express Carwash; the schedule for the Conversations with the Commonwealth’s Attorney; the Great American Cleanup; the Parks and Recreation Department’s adult basketball league formation; 6th Annual Mother Son Dance; and Teen Night Out at the Movies. Council Member Rector asked for recalibration of traffic lights on Main Street and Finney Avenue. Council Member Rector acknowledged the appointment of Jennifer Moore as the Media and Community Relations Director. Council Member Rector extended birthday wishes to his brother, David Rector. Council Member Rector said he attended Public Safety Forum. Council Member Rector reported he went to the Sister Cities Young Artists and Authors event. Council Member Williams said he attended the 2045 Comprehensive Plan meeting at Curtis R. Milteer, Sr. Recreation Center. Council Member Williams extended his condolences to the family of the late Iyasha Edwards. Council Member Williams asked for an update on requested street lights in the downtown area. Deputy City Manager Kevin Hughes advised the lights are on order, and staff is working with Dominion Energy to have them installed by late spring. Council Member Williams requested public art on the Phoenix Bank Building. Council Member Fawcett congratulated Suffolk Fire and Rescue Department and City Assessor Butt on their respective accreditations. 5 City Council Regular Meeting March 1, 2023 Council Member Fawcett said he attended a 2045 Comprehensive Plan meeting. Council Member Fawcett opined about traffic on Route 17 and surrounding areas. Council Member Fawcett acknowledged the appointment of Jennifer Moore as the Media and Community Relations Director. Council Member Butler Barlow opined about the Work Session presentation made by Nansemond Indian Tribal Nation. Council Member Butler Barlow acknowledged the appointment of Jennifer Moore as the Media and Community Relations Director. Council Member Butler Barlow reported she attended the 2045 Comprehensive Plan community meetings. Council Member Butler Barlow congratulated athletic teams at Kings Fork High School for their accomplishments. Council Member Bennett acknowledged the appointment of Jennifer Moore as the Media and Community Relations Director. Council Member Bennett thanked City Assessor Butt for the work session presentation. Council Member Bennett reported that Karl Marshall was installed as Senior Pastor at New Hope Baptist Church. Council Member Bennett encouraged the public to attend the 2045 Comprehensive Plan community meeting at Mack Benn Elementary School. Council Member Johnson opined about the 2045 Comprehensive Plan community meetings. Council Member Johnson congratulated the 100th anniversary of Boy Scout Troop 1. Council Member Johnson reported he went to the Suffolk Art League Antique show. Council Member Johnson congratulated Suffolk Fire and Rescue Department and City Assessor Butt on their respective accreditations. Vice Mayor Ward announced that he attended to 2045 Comprehensive Plan community meetings. Vice Mayor Ward acknowledged the appointment of Jennifer Moore as the Media and Community Relations Director. Mayor Duman congratulated Suffolk Fire and Rescue Department on its accreditation. Mayor Duman acknowledged the appointment of Jennifer Moore as the Media and Community Relations Director. 6 City Council Regular Meeting March 1, 2023 Mayor Duman reported he attended the Suffolk Humane Society’s Paws for the Arts event. Mayor Duman reported he attended the Law Enforcement Forum. Mayor Duman advised he attended the Vortex Car Wash Ribbon Cutting. Mayor Duman announced he visited the new Veterans of Foreign Wars Post 12217. Mayor Duman reported he attended the celebration for Dr. Marcia Conston, the new President of Tidewater Community College. Mayor Duman said he went to the Sister Cities Young Artists and Authors event. Mayor Duman congratulated City Assessor Butt on his accreditation and thanked him for the Work Session presentation. Mayor Duman opined about the Public Safety Committee. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adjourn, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, 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 8:05 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 7 City Council Work Session March 15, 2023 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 15, 2023, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelly 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, II, City Manager ABSENT None SUFFOLK CENTER FOR CULTURAL ARTS UPDATE Utilizing a PowerPoint presentation, Lorelei Costa, Executive Director, Suffolk Center for Cultural Arts, gave a report about the above referenced item. Council Member Rector opined about the feasibility of the City advertising the restaurant at the Suffolk Center for Cultural Arts. Ms. Costa advised that Ed Beardsley will be opening a new restaurant at the center, and staff will assist with marketing that once it is open. BROADBAND INITIATIVES UPDATE Utilizing a PowerPoint presentation, Eric Collins, Director of Government Affairs, Charter Communications/Spectrum and Randah Gaitan, Senior Administrative Analyst, submitted information about the above referenced item. Referring to the presentation, Council Member Bennett asked about the dissemination process for information about the new broadband services. Ms. Gaitan stated that residents would receive door hangers or mailed post cards. Referring to the presentation, Council Member Bennett called for information about any potential price increases due to the expansion of broadband services. Mr. Collins said that often new customers, can receive service for 12 months at a reduced price as a promotion. Council Member Johnson sought clarification about the timeline for the completion of the expansion of broadband services. Ms. Gaitan indicated that 36 months is the timeline for the completion of the expansion of broadband services. 1 City Council Work Session March 15, 2023 Council Member Johnson queried about the number of months that the expansion of broadband services has been ongoing. Ms. Gaitan reported that the expansion has been ongoing for 10 months. Mayor Duman called for information about the process of advertising the financial assistance programs for broadband services. Ms. Gaitan advised that the information in on the City’s webpage, and there is a link to the Charter Communications/Spectrum webpage. ROUTE 17 AND SHOULDERS HILL ROAD PROJECT OVERVIEW Utilizing a PowerPoint presentation, Public Works Director Robert Lewis provided a report on the above referenced information. CLOSED MEETING The Work Session was adjourned at 4:58 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 2 City Council Regular Meeting March 15, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 15, 2023, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow Roger W. Fawcett Timothy J. Johnson John T. Rector 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 the Creekside Elementary Student Council Association led the Pledge of Allegiance. APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Council Member Williams, moved to approve the minutes from the August 17, 2022, Regular Meeting, as presented, 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 SPECIAL PRESENTATIONS Special Presentation – Department of Fire and Rescue International Accreditation Utilizing a PowerPoint presentation, Fire Chief Michael Barakey offered a summation of the above referenced item. Battalion Chief Nicholas Savage offered supplementary comments. 1 City Council Regular Meeting March 15, 2023 REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Fawcett, 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 City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to appropriate funds from the General Fund Committed Fund Balance Capital Reserve Fund and to transfer funds to the Capital Projects Fund for the Southside Network Authority Regional Fiber Optic Ring project Consent Agenda Item #8 - An ordinance to accept and appropriate a Walmart Community Grant for the City of Suffolk Sheriff’s Department Consent Agenda Item #9 - An ordinance to amend Chapter 86, Article 5, by adding Division 4 and Sections 86-317, 86-318, and 86-319 to the City Code to allow photo and video monitoring traffic enforcement Consent Agenda Item #10 - An ordinance to accept and appropriate funds proffered by SE VA Suffolk Property Owners, LLC in support of the Holland Road Improvements project Consent Agenda Item #11 - A resolution requesting the Virginia Department of Transportation to make certain additions and deletions to the Urban Highway System Consent Agenda Item #12 - A resolution of the Suffolk City Council approving of the City’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directing the City Attorney and/or the City’s Outside Counsel to execute the documents necessary to effectuate the City’s participation in the settlements Referring to Consent Agenda Items #7 through #12, City Manager Moor submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting March 15, 2023 Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance to authorize a quitclaim deed between the City of Suffolk and Curtis Mehalko, for the conveyance of real property located on Tax Map & Parcel 40A *76 Utilizing a PowerPoint presentation, Public Utilities Director Paul Retel supplied a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by 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, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK AND CURTIS MEHALKO, FOR THE CONVEYANCE OF REAL PROPERTY LOCATED ON TAX MAP & PARCEL 40A *76 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a solar energy facility on property located on Wilroy Road, Zoning Map 26, Parcel 28; Account Number 300849000; CUP2022-023 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne gave a report of the background information as printed in the official agenda. Mayor Duman announced he would be abstaining from participating in this item. He explained that he would be abstaining not due to a conflict of interest, but due to the appearance of any impropriety because of his ownership of the property adjacent to the parcel under consideration. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Michael Borkowski, 5636 Connecticut Avenue, Washington, D.C., Community Power Group, LLC, agent, representing Solenis, LLC, property owner. Rachael Boots, no address provided, Community Power Group, LLC, agent, representing Solenis, LLC, property owner. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self. 3 City Council Regular Meeting March 15, 2023 Jacqueline Brooks, 1305 Manning Road, representing self, spoke in opposition to the proposed ordinance, with conditions. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett called for information about any potential noise issues relating to the proposed solar energy facility. Mr. Borkowski said the proposed solar energy facility will not result in any noise issues, because the closest property is 65 feet away from the facility’s inverters. Council Member Fawcett moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Referring to the presentation, Council Member Bennett asked about any potential noise issues relating to the proposed solar energy facility and the adjacent property owners. Mr. Borkowski replied the proposed solar energy facility will not result in any noise issues, because the closest property is 65 feet away from the facility’s inverters. Referring to the presentation, Council Member Bennett queried about any communication between the applicant and the communities of Bridlewood Estates and Woodlake Terrace. Mr. Borkowski reported that the applicant sent out informational flyers and had a meeting regarding the proposed solar facility Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 ABSTAIN: Mayor Duman 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY ON PROPERTY LOCATED ON WILROY ROAD, ZONING MAP 26, PARCEL 28; ACCOUNT NUMBER 300849000; CUP2022-023 Public Hearing - An ordinance to grant a Conditional Use Permit to establish an accessory dwelling unit, detached, on property located at 1816 Cotton Farm Lane, Zoning Map 4*5, Parcel 5, Account Number 250535200; CUP2022-026 Utilizing a PowerPoint presentation, Planning and Community Development Wyne submitted a summary of the background information as printed in the official agenda. Sandra Waters, 1816 Cotton Farm Lane, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. 4 City Council Regular Meeting March 15, 2023 Council Member Butler Barlow, 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 A CONDITIONAL USE PERMIT TO ESTABLISH AN ACCESSORY DWELLING UNIT, DETACHED, ON PROPERTY LOCATED AT 1816 COTTON FARM LANE, ZONING MAP 4*5, PARCEL 5, ACCOUNT NUMBER 250535200; CUP2022-026 Public Hearing - An ordinance to grant a Conditional Use Permit to amend the previously approved conditions pertaining to the establishment of a Truck Stop/Travel Plaza and to grant an increase in size and intensity of use on property located at 2410 Holland Road; Zoning Map 32B, Parcel 3*1*2*33B; Account Number 154000581; CUP2022-027 Utilizing a PowerPoint presentation, Planning and Community Development 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: Ken Rodman, Suite 400, 4500 Main Street, Virginia Beach, Virginia, VHB, agent, representing Herman Sadler, CHN, LLC applicant and property owner, spoke in support of the proposed ordinance, with conditions, as presented. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self. Kevin McKean, 544 Lake Kilby Road, representing self. Evelyn Jones, 4921 Fennel Lane, representing self. Jacqueline Brooks, 1305 Manning Road, representing self, spoke in opposition. Herman Sadler, 2400 Holland Road, CHN, LLC, applicant and property owner, spoke in support of the proposed ordinance, as presented. 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. Referring to the presentation, Council Member Johnson asked whether a redesign of the parking area to address access concerns will be done. Mr. Rodman advised that the fueling area has no connection to the parking lot. 5 City Council Regular Meeting March 15, 2023 Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the ordinance, with conditions, 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 AMEND THE PREVIOUSLY APPROVED CONDITIONS PERTAINING TO THE ESTABLISHMENT OF A TRUCK STOP/TRAVEL PLAZA AND TO GRANT AN INCREASE IN SIZE AND INTENSITY OF USE ON PROPERTY LOCATED AT 2410 HOLLAND ROAD; ZONING MAP 32B, PARCEL 3*1*2*33B; ACCOUNT NUMBER 154000581; CUP2022-027 Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the Hillpoint Farms Planned Development Master Plan by modifying the designated land use from Hotel to Residential, for property located on Hillpoint Boulevard; Zoning Map 26F(IB), Parcel E, Account Number 253215600; RZN2022-014 (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, as presented: J. Witt Harper, 705 West Washington Street, representing Saunders and Ojeda, P.C. Dustin Mills, 631 Dickinson Avenue, Greenville, North Carolina, representing Thomas F. Taft, Sr., Taft-Mills Group, LLC, contract purchaser. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self. Evelyn Jones, 4921 Fennel Lane, representing self, spoke in opposition to the proposed ordinance, as presented. J. Witt Harper, 705 West Washington Street, representing Saunders and Ojeda, P.C. spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Members of City Council opined about the proposed ordinance. Council Member Rector, on a motion seconded by Council Member Fawcett, 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 6 City Council Regular Meeting March 15, 2023 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE HILLPOINT FARMS PLANNED DEVELOPMENT MASTER PLAN BY MODIFYING THE DESIGNATED LAND USE FROM HOTEL TO RESIDENTIAL, FOR PROPERTY LOCATED ON HILLPOINT BOULEVARD; ZONING MAP 26F(IB), PARCEL E, ACCOUNT NUMBER 253215600; RZN2022-014 (CONDITIONAL) ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS Resolution - A resolution in support of a Revitalization Area at the Hillpoint Trace development project site City Manager Moor submitted a summary of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Bennett, 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 IN SUPPORT OF A REVITALIZATION AREA AT THE HILLPOINT TRACE DEVELOPMENT PROJECT SITE STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a public hearing to be held on May 3, 2023, to receive public comment on the proposed Fiscal Year 2023-2024 Citywide effective real estate tax increase due to reassessment Council Member Rector, on a motion seconded by Council Member Williams, moved to schedule a public hearing to be held on May 3, 2023, to receive public comment on the proposed Fiscal Year 2023- 2024 Citywide effective real estate tax increase due to reassessment, 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 7 City Council Regular Meeting March 15, 2023 Motion - A motion to schedule a City Council Retreat for Thursday, April 6 – Friday, April 7, 2023, at 9:00 a.m., at the Suffolk Hilton Garden Inn Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Retreat for Thursday, April 6 – Friday, April 7, 2023, at 9:00 a.m., at the Suffolk Hilton Garden Inn, 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 Motion - A motion to schedule a City Council Work Session for Wednesday, April 5, 2023, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to schedule a City Council Work Session, for Wednesday, April 5, 2023, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Thomas Woodward, 227 North Main Street, representing self, opined about public safety concerns. Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Virginia, representing self, opined about the City’s concealed carry license fee. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: Suffolk Police Department’s participation in the Characters 4 Kidz event; upcoming events at the Suffolk Workforce Development Center; the Suffolk Fire and Rescue Department’s rescue of a horse; the upcoming screening of “Bohemain Rhapsody” at the Suffolk Center for Cultural Arts; the upcoming Suffolk Parks and Recreation Department’s Job Fair; the 2023 Great Suffolk Cleanup; the upcoming performance of “Finding Nemo, Jr.” at the Suffolk Center for Cultural Arts; the Hampton Rods Workforce Council’s Hampton Roads Regional Career Fair and the Suffolk Public Works Citizens Academy. Council Member Butler Barlow acknowledged the students from the Creekside Elementary School Student Council Association for leading the Pledge of Allegiance. Council Member Butler Barlow opined about the Work Session presentation regarding the Suffolk Center for Cultural Arts. 8 City Council Regular Meeting March 15, 2023 Council Member Butler Barlow congratulated the Suffolk Fire and Rescue Department’s on their recent accreditation. Council Member Butler Barlow reported on the increase of farm vehicles on City road. Council Member Butler Barlow announced that March is Women’s History Month. Council Member Bennett opined about the Work Session presentation regarding the Broadband Initiatives Update. Council Member Bennett opined about the Suffolk Public Works Citizens Academy. Council Member Bennett congratulated the Suffolk Fire and Rescue Department’s on their recent accreditation. Council Member Bennett acknowledged City Administration for addressing constituent concerns. Council Member Bennett acknowledged Mr. Woodard for addressing City Council. Council Member Rector acknowledged City Administration for attending a meeting of the West End Civic League. Council Member Rector announced he attended the following events: the Suffolk Redevelopment and Housing Authority and Food Bank of Southeastern Virginia and Eastern Shore food giveaway; the Coalition Against Poverty in Suffolk meeting; and the Salvation Army Suffolk Corps meeting. Council Member Williams reported he attended the installation of new officers of the Suffolk Interdenominational Ministerial Alliance. Council Member Williams announced he attended the Pastoral Installation for Reverend Henry Diggs. Council Member Williams reported constituent concerns on Hunter Street and Willow Street. Council Member Fawcett congratulated the Suffolk Fire and Rescue Department on its recent accreditation. Council Member Fawcett acknowledged all of the speakers in attendance at tonight’s meeting. Council Member Fawcett opined about today’s Work Session. Vice Mayor Ward reported he attended the Deborah's Women in Ministry event. Vice Mayor Ward announced he attended the following events: the Pastoral Installation for Reverend Henry Diggs; the Coalition Against Poverty in Suffolk meeting and the Salvation Army Suffolk Corps meeting. Mayor Duman congratulated the Suffolk Fire and Rescue Department’s on their recent accreditation. 9 City Council Regular Meeting March 15, 2023 Mayor Duman reported he attended the following events: the Suffolk Redevelopment and Housing Authority and Food Bank of Southeastern Virginia and Eastern Shore food giveaway; the Characters 4 Kidz event; the Pastoral Installation for Reverend Henry Diggs; the ribbon cutting for Litrell Staffing; the town hall hosted by School Board Member Dawn Brittingham; the Deborah's Women in Ministry event; the Coalition Against Poverty in Suffolk meeting; the Salvation Army Suffolk Corps meeting and the Virginia Beach State of the City event. Mayor Duman opined about the City’s and State’s funding formula for Suffolk Public Schools. Council Member Fawcett, 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 9:12 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 10 Special Presentations Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: September 6,2023, Regular Session ITEM: Consent Agenda-An ordinance to accept and appropriate additional funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport The City has received $1,877.50 in additional funding from the Commonwealth of Virginia Department ofAviation in support ofthe Suffolk Executive Airport for Fiscal Year 2023-2024. The funding will be used to assist with the replacement ofa fueling system dispenser. Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Aviation Facilities Fund for Fiscal Year 2023-2024. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Aviation Facilities Fund budget by $1,877,50 for the above-noted purpose and requires $1,877.50 in local fund support which is provided for in the FY 2023-2024 Aviation Facilities Fund budget. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Grant Award Notification ORDmANCE NUMBER AN ORDINANCE TO ACCEPT AND APPROPRIATE ADDITIONAL FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF AVIATION FOR THE SUFFOLK EXECUTIVE AIRPORT WHEREAS,the City has received additional funds in the amount of $1,877.50 from the Commonwealth of Virginia Department of Aviation in support of the Suffolk Executive Airport; and. WHEREAS, the funds received need to be accepted and appropriated to the Aviation Facilities Fund budget for Fiscal Year 2023-2024 to assist with the replacement ofa fueling system dispenser. NOW,THEREFORE,BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: 1. The sum ofS1,877.50 shall be reflected as budget in the following accounts in the Fiscal Year 2023-2024 Aviation Facilities Fund budget: Revenue 220 424140.110 Categorical Aid-State Airport Maintenance Funds $1.877.50 Expenditure 220-150000 53300.110 Maintenance Service -State $1.877.50 2. The fund amount totaling $1,877.50 is hereby appropriated for use as referenced in this ordinance and the budget approved by Ordinance Number 23-0-053,as amended.The City Manager be, and is hereby authorized and directed to do all things necessary to effectuate this action. 3. This ordinance shall be effective upon passage and shall not be published. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Form: William E. Hutchings, Jr., City Attorney Timothy Daniel From: Jordan, Alton (DOAV) <Alton.Jordan@doav.virginia.gov> Sent: Friday, May 19, 2023 11:32 AM To: Timothy Daniel Subject: Re: 100LL Dispenser Caution: This email originated from a source outside of the City of Suffolk. Do not click on links or open attachments unless you recognize the sender and you know the content is safe. Good morning, Tim. I've increased the existing allocation based on the revised quote and the additional work required. Unfortunately, Airport IQ, is currently inoperable and I'm unable to provide an official revision to the Project Summary Sheet. Please consider this email as the official increase to project number: MT0050-58 with an allocation amount of $7,996.50. Should you have any additional questions or concerns, please do not hesitate to contact me. Best regards. Alton Jordan Facilities & Technology Manager Virginia Department of Aviation S702 Gnllslrearn Rcl | Richmond, VA 23250 O: S04.2:.6.36'14 M; 304.2 I9.S753 www.doav.virainia.oov - alton.iordan@doav.Virginia.gov VIRGINIA DEPARTMENT Aviation From: Timothy Daniel <tdaniel(a)suffolkva.us> Sent: Thursday, May 18,2023 11:03 AM To: Jordan, Alton (DOAV)<Alton.Jordan{5)doav.virginia.gov> Subject: lOOLL Dispenser Hello Alton, Our new AvGas dispenser ran into a couple of additional expenses. Is there any funding available to help with this unforeseen oveirun? Thanks, Tim Tim Daniel Manager Suffolk Executive Airport 757.514.4411 1  Department of Aviation Commonwealth of Virginia Project Information Summary Suffolk Executive Airport Project Title: Fueling System Dispenser Replacement(AvGas) Program Year; 2023 Project Number: MT0050-58 Federal Priority Score: 0 Request Year: Contract Number; State Priority Score: 80 Project Type: Maintenance Item Number: Project Category; Maintenance AlP Grant Number: Project Status; Granted Project Description: The airport needs a new self-service 100LL dispenser. The current one over 15 years old, breaks down frequently, and we can no longer get many parts for it. Only two companies in the area will Install a suitable replacement. Both quotes are attached. Project Notes; Project funded at fuel flowage rate of 50%, as identified In DOAV Airport Program Manual - ANJ Please submit for reimbursement as soon after project completion as possible. Please contact DOAV to coordinate any costs above the allocation amount before the costs are incurred. Costs incurred before DOAV approval can't be reimbursed. If the project will not be completed before the expiration date (including submittal for reimbursement), please email me and request an extension with reason(s) needed. [Budget Summary by Budget Item 'iidihOt imr (sni.iitFLHilijrmF Request $0.00 $12,238.00 Project Total; $0.00 $12,238.00 Budget Summary by Funding Source: - uyjl! ©JEMliJsl: FAA $0.00 $0.00 Local $0.00 $6,119.00 StateVAC/R Discretionary $0.00 $0.00 State\AC/R DlscretlonaryV2023 $0.00 $0.00 StatetAIr Service Development $0.00 $0.00 StatetAviation Promotion $0.00 $0.00 State\F&E $0.00 $0.00 StatetGA Discretionary $0.00 $6,119.00 StatetGA Discretionaty\2023 $0.00 $0.00 State\Maintenance $0.00 $0.00 StatetSecurity $0.00 $0.00 Project Total: $0.00 $12,238.00 Project MiscellaifieouB Items; K- l ■^l -/y-- m VAB Remarks TA approved application received 12/06/2022 grant offer date effective date 01/26/2023 expiration date 06/01/2023 project closed process closeout obligation expiration 1/26/2023 Page; 1 AGENDA: September 6, 2023, Regular Session ITEM: Public Hearing – An ordinance authorizing the issuance and sale of revenue bonds by the City of Suffolk, Virginia, and establishing the terms, details, and provisions for the payment thereof Attached for Council’s consideration is an ordinance to provide authorization for the issuance and sale of stormwater system revenue bonds to finance the cost of various approved stormwater capital projects not to exceed $5,300,000. This public hearing was properly advertised on August 23, 2023 and August 30, 2023. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance - VRA Public Hearing Notice Ordinances Resolutions AGENDA: September 6, 2023, Regular Session ITEM: Staff Report - James River Bridge Repairs VDOT to provide a briefing on the James River Bridge repairs. Robert Lewis, Director of Public Works will introduce speaker Shannon Tearns to brief Council. AGENDA: September 6, 2023, Regular Session ITEM: Staff Report - Warehouse Performance Standards Overview The Director of Planning and Community Development will provide an overview of the warehouse performance standards. AGENDA: September 6, 2023, Regular Session ITEM: Staff Report - Truck Traffic on Driver Lane in the Kings Highway Area Robert Lewis, Director of Public Works, to brief Council on findings of analysis of truck traffic on Driver Lane in the Kings Highway area. Motion to schedule a City Council Work Session, for Wednesday, September 20, 2023, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments