City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF APRIL 3, 2024 WORK SESSION Begins at 4:00 p.m. REGULAR SESSION Begins at 6:00 p.m.  SUFFOLK CITY COUNCIL WORK SESSION April 3, 2024 4:00 p.m. City Council Chamber 1. Fiscal Year 2024-2025 Operating and Capital Budget 2. Cypress Borough: John F. Kennedy Precinct and White Marsh Precinct AGENDA: April 3, 2024, Work Session ITEM: Fiscal Year 2024-2025 Operating and Capital Budget The Finance Director will present the City Manager’s proposed Fiscal Year 2024-2025 Operating and Capital Budget to City Council. The proposed FY 2024-2025 Operating and Capital Budget will be provided under a separate cover. It is recommended that City Council schedule a public hearing for its April 17, 2024 City Council meeting to receive public comment on the proposed FY2024-2025 Operating & Capital Budget. It is also recommended that City Council schedule a public hearing for its May 1, 2024 City Council meeting to receive public comment on the proposed effective real property tax increase which exceeds 1% due to reassessments. The motions to schedule the public hearings have been placed on the agenda under the section entitled “motions” for action by City Council. AGENDA: April 3, 2024, Work Session ITEM: Cypress Borough: John F. Kennedy Precinct and White Marsh Precinct Staff will provide an update regarding a potential boundary line modification for the John F. Kennedy Precinct and White Marsh Precinct, both located in the Cypress Borough.  SUFFOLK CITY COUNCIL AGENDA April 3, 2024 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentations A. A proclamation in recognition of “National Animal Care and Control Week” B. A proclamation in recognition of “National Public Safety Telecommunicators Week” 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda 8. 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 Nansemond Parkway Bridge Replacement (Structure No.: 133-1836) Project 9. Ordinance – An ordinance to appropriate funds from the General Fund Committed Fund Balance for one-time expenditures 10. Resolutions 11. Staff Report – Proposed FY 2024-2025 Annual Action Plan for the City of Suffolk Community Development Block Grant Program and the Western Tidewater Home Consortium Home Investment Partnership Grant Program 12. Staff Report – Overview of the Workforce Development Center 13. Staff Report – Public Works Citizen Academy 2024 Update 14. Staff Report – Significant Land Use Application 15. Motion – A motion to schedule a public hearing, to be held on April 17, 2024, to receive public comment on the proposed FY 2024-2025 Annual Action Plan for  the City of Suffolk’s Community Development Block Grant Program and the Western Tidewater Home Consortium HOME Investment Partnership Grant Program 16. Motion – A motion to schedule a public hearing to be held on April 17, 2024, to receive public comment on the proposed FY 2024-2025 Operating & Capital Budget 17. Motion – A motion to schedule a City Council Work Session for Wednesday, April 17, 2024, at 4:00 p.m., unless cancelled by the Mayor and City Manager 18. Motion – A motion to schedule a public hearing to be held on May 1, 2024, to receive public comment on the proposed FY 2024-2025 Citywide effective real estate tax increase due to reassessment 19. Motion – A motion to schedule a public hearing to be held on May 15, 2024, to amend Chapter 26-2 (c) Code of the City of Suffolk, Virginia, “Precincts and boundaries in boroughs: Cypress Borough, John F. Kennedy Precinct and White Marsh Precinct” 20. Non-Agenda Speakers 21. New Business 22. Announcements and Comments 23. Adjournment 2 City Council Work Session February 7, 2024 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, February 7, 2024, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow 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 (Council Member Roger Fawcett was excused.) Mayor Duman announced that Council Member Fawcett was excused from today’s Work Session. FISCAL YEAR 2025-2034 CAPITAL IMPROVEMENTS PROGRAM AND PLAN Utilizing a PowerPoint presentation, Interim Budget Director Charles Meek gave a report about the above referenced item. Referring to the presentation, Council Member Williams requested a copy of the pie charts included in the presentation. Interim Budget Director Meek replied that information could be provided. Referring to the presentation, Council Member Johnson called for a review of the Suffolk Bypass Ramps at Pitchkettle Road. Interim Budget Director Meek stated that there is $20,000,000 of State and Federal funding in sixth year of the proposed Fiscal Year 2025-2034 Capital Improvements Program and Plan, which is a placeholder to leverage future funding. Referring to the presentation, Council Member Johnson sought an explanation for the proposed amendment to the proposed Fiscal Year 2025-2034 Capital Improvements Program and Plan as it relates to the replacement of Mahan Street Water System Upgrade with Cedar Lakes Water System Improvements in Fiscal Year 2025 and 2026. City Manager Moor reported that the Cedar Lake Water System is deteriorating rapidly; therefore, this amendment is needed. Referring to the presentation, Council Member Bennett opined about the need for additional funding from the railroad companies to improve railroad crossing improvements. Public Works Director Robert Lewis said that the City continues to seek funding from the railroad companies as well as State and Federal agencies. 1 City Council Work Session February 7, 2024 Council Member Bennett called for information about the funding for the Phoenix Bank Building. Interim Budget Director Meek stated that there is $300,000 in Fiscal Year 2024-2025 and $250,000 in Fiscal Year 2025-2026. Council Member Butler Barlow asked about the Glasscock Property as it relates to the Fiscal Year 2025- 2034 Capital Improvements Plan. Parks and Recreation Director Mark Furlo replied that the Glasscock Property will be included in the next Parks and Recreation Master Plan Update. Vice Mayor Ward inquired about the number of parking places at Pughsville Park. Parks and Recreation Director Furlo said that he could research that matter and follow up accordingly. Referring to the presentation, Vice Mayor Ward sought clarification about the funding timeline for the Bennett’s Creek Recreation Center Gym. Parks and Recreation Director Furlo indicated that the funding for the Bennett’s Creek Recreation Center Gym is in the sixth year of the proposed Fiscal Year 2025- 2034 Capital Improvements Program and Plan. Vice Mayor Ward solicited information about transportation to the Bennett’s Creek Recreation Center from Pughsville and Huntersville. Parks and Recreation Director Furlo reported that the Parks and Recreation Department offered bus transportation from these areas, and no one has signed up. Vice Mayor Ward queried about the methodology used by the Parks and Recreation Department to publicize the bus transportation from Pughsville and Huntersville to the Bennett’s Creek Recreation Center. Parks and Recreation Director Furlo explained that staff attended civic league meetings and hosted special events at the Bennett’s Creek Recreation Center and Pughsville Park. Vice Mayor Ward opined about sending the information to Suffolk Public Schools regarding bus transportation from Pughsville and Huntersville to the Bennett’s Creek Recreation Center. Parks and Recreation Director Furlo said that the Parks and Recreation Department disseminates information through Peachjar, which is the Suffolk Public Schools’ platform that connects schools, parents, and community organizations. Council Member Williams asked about the cost for the repair of the Phoenix Bank Building. Capital Programs and Buildings Director Gerry Jones advised that the first phase of repair of the Phoenix Bank Building is stabilization. He added there have been several concepts for the future use of the building. He concluded that in order to finalize the cost for building’s repair can be established once the building’s use has been determined. Council Member Bennett called for information about the cost for the repair of the Phoenix Bank Building. He concluded that in order to finalize the cost for building’s repair, the building’s use needs to be been determined and decided whether it is public use or a public-private partnership. Council Member Williams opined about advertising public-private opportunities as it relates to the Phoenix Bank Building. Capital Programs and Buildings Director Jones replied that the City has repeatedly sought public-private partnership opportunities for the Phoenix Bank Building and has not received any interest. Deputy City Manager Kevin Hughes added that the City has sought Request for Proposals in 2021 for public-private partnerships for the Phoenix Bank Building with flexible terms. He concluded that the City received no responses. 2 City Council Work Session February 7, 2024 Council Member Williams queried about the feasibility of stabilizing the Phoenix Bank Building with the $550,000 included in the proposed Fiscal Year 2025-2034 Capital Improvements Program and Plan. Capital Programs and Buildings Director Jones reported that it is feasible to stabilize the building with that amount of funding. Referring to the presentation, Council Member Bennett asked whether $550,000 will be adequate to stabilize Phoenix Bank Building. Capital Programs and Buildings Director Jones surmised the amount should be adequate. Vice Mayor Ward asked about the possibility of adding on the Phoenix Bank Building. Deputy City Manager Hughes explained that the eventual use of the building needs to be determined before improvements beyond stabilizing the structure are made. He concluded that the currently proposed funds do not address anything other than stabilizing the building. 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 Community Policy and Management Team, Early Childhood Development Commission, Economic Development Authority of the City of Suffolk, Fine Arts Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Sister Cities Commission, Suffolk Redevelopment and Housing Authority, Tidewater Youth Services Commission, Western Tidewater Community Services Board, and the Wetlands Board. 2. Pursuant to Virginia Code Section 2.2-3711(A)(5) and (8), the discussion of a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel, specifically concerning an EDIP proposal regarding Project Tyler. Council Member Butler Barlow, on a motion seconded by Council Member Williams, 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, Johnson, Rector, and Williams 7 NAYS: None 0 (Council Member Fawcett was excused.) 3 City Council Work Session February 7, 2024 City Council convened in Closed Meeting at 5:19 p.m. The Closed Meeting concluded at 5:53 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 4 City Council Regular Meeting February 7, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, February 7, 2024, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow 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 (Council Member Roger W. Fawcett was excused.) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Mayor Duman announced Council Member Fawcett was excused from tonight’s meeting. 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 February 7, 2024, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Williams, 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 Butler Barlow, Bennett, Johnson, Rector and Williams 7 NAYS: None (Council Member Fawcett was excused.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF FEBRUARY 7, 2024, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting February 7, 2024 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Rector, moved to approve the minutes from the November 15, 2023, Work Session and Regular Meeting, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, Johnson, Rector and Williams 7 NAYS: None (Council Member Fawcett was excused.) 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 City Manager Moor advised City Council that Item #13 would need to be removed from the agenda - Public Hearing - An ordinance authorizing the City Manager to execute a Second Amendment to lease for the Whaleyville Communications Tower Lease with Cellco Partnership d/b/a/ Verizon Wireless Council Member Johnson, on a motion seconded by Council Member Williams, moved to remove Item #13 from the agenda and adopt the remainder of the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, Johnson, Rector and Williams 7 NAYS: None (Council Member Fawcett 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 Virginia Department of Emergency Management for the Suffolk Department of Fire and Rescue Consent Agenda Item #8 - An ordinance to accept and appropriate additional funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program Consent Agenda Item #9 - An ordinance to accept and appropriate a FEMA grant from the United States Department of Homeland Security for the Suffolk Department of Fire and Rescue Consent Agenda Item #10 - An ordinance to accept and appropriate additional funds from the Virginia Department of Transportation for the Nansemond Parkway/Bennetts Pasture Road Intersection Improvements project and to appropriate and transfer funds from the General Fund Committed Fund Balance Capital Reserve Fund to the Capital Projects Fund for the required local match 2 City Council Regular Meeting February 7, 2024 Consent Agenda Item #11 - A resolution to accept a donation of personal property for the Suffolk Department of Fire and Rescue Consent Agenda Item #12 - A resolution to endorse project applications under the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant Program for Fiscal Year 2024-2025 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 Bennett, on a motion seconded by Council Member Rector, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, Johnson, Rector and Williams 7 NAYS: None (Council Member Fawcett was excused.) 0 PUBLIC HEARINGS Public Hearing - An ordinance authorizing the City Manager to execute a Second Amendment to lease for the Whaleyville Communications Tower Lease with Cellco Partnership d/b/a/ Verizon Wireless This item was removed under Removal of Items from the Consent Agenda and Adoption of the Agenda. ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORT – 2045 Comprehensive Plan Update Utilizing a PowerPoint presentation, Principal Planner William Cannady provided a report about the above referenced topic. MOTIONS Motion - A motion to schedule a public hearing to be held on February 21, 2024, to receive public comment on the Proposed Fiscal Year 2025-2034 Capital Improvements Program and Plan Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to schedule a public hearing to be held on February 21, 2024, to receive public comment on the Proposed Fiscal Year 2025-2034 Capital Improvements Program and Plan, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, Johnson, Rector and Williams 7 NAYS: None (Council Member Fawcett was excused.) 0 3 City Council Regular Meeting February 7, 2024 Motion – A motion to schedule a City Council Work Session, for Wednesday, February 21, 2024, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Bennett, moved to schedule a City Council Work Session, for Wednesday, February 21, 2024, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, Johnson, Rector and Williams 7 NAYS: None (Council Member Fawcett was excused.) 0 NON-AGENDA SPEAKERS Dr. Kathy Guidon, 15189 Airfield Road, Wakefield, Virginia, representing the Airfield 4-H Educational Center, provided information about her facility’s programs and services. NEW BUSINESS Council Member Butler Barlow, on a motion second Council Member Johnson, moved to direct the City Manager to evaluate the Village Center Zoning District setbacks and any resulting adverse impacts the setbacks may have to abutting properties or the neighborhood character and to bring back a report to City Council at the June 5, 2024, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, Johnson, Rector and Williams 7 NAYS: None (Council Member Fawcett was excused.) 0 Council Member Williams left the meeting at 6:31 p.m. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the City’s observance of the President’s Day holiday; the appointment of Deputy City Attorney Stephanie Pough, Virginia Retirement Systems Benefits Consultant Ryan Singleton and Fleet and Equipment Services Manager Bradley Braendle; City Employee Milestone Service Luncheon; the unveiling of new City’s 50th anniversary badges by the Suffolk Police Department; the receipt of donated equipment by the Suffolk Fire and Rescue Department; the Suffolk Admirals Night event; the activation of red light photo enforcement cameras; the implementation of new public hearing signs by Planning and Community Development Department and upcoming community meetings hosted by the Suffolk Public Library. Council Member Butler Barlow announced she attended a recent Agriculture Advisory Board Committee meeting. Council Member Butler Barlow opined about proposed Fiscal Years 2025-2034 Capital Improvements Program and Plan. Council Member Bennett opined about proposed Fiscal Years 2025-2034 Capital Improvements Program and Plan. 4 City Council Regular Meeting February 7, 2024 Council Member Johnson opined about the Airfield 4-H Educational Center. Council Member Johnson talked about school zone and work zone traffic enforcement cameras. Council Member Johnson mentioned the closure of a Rite Aid store in Holy Neck borough. Council Member Rector reported that he attended the following: the Mystery Art Heist event at the Suffolk Art Gallery; Kroger re-opening events; retirement celebration for Assistant Commonwealth’s Attorney Jeff James; Dragas Center for Economic Analysis and Policy economic forecasting event; the Virginia Municipal League Government Day; Suffolk Interdenominational Ministerial Alliance event and ribbon cutting for Next 2 Nothing. Council Member Rector mentioned Suffolk resident and Louisiana State University student athlete Michaela Rose broke the 600-yard dash record at a meet in Texas. Vice Mayor Ward expressed appreciation for condolences on the passing of his brother. Vice Mayor Ward opined about the Public Safety Committee meeting. Vice Mayor Ward opined about an upcoming Town Hall meeting. Mayor Duman opined about proposed Fiscal Years 2025-2034 Capital Improvements Program and Plan. Mayor Duman opined about the new Planning and Community Development notice signs and traffic enforcement cameras. Mayor Duman reported he attended the following: retirement celebration for Assistant Commonwealth’s Attorney Jeff James; Kroger Fuel Center ribbon cutting; a meeting with Virginia Department of Transportation Deputy Secretary and Suffolk Interdenominational Ministerial Alliance event. Mayor Duman commented on Holocaust Remembrance Day. Council Member Butler Barlow, on a motion seconded by Council Member Johnson, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Bennett, Johnson, and Rector 6 NAYS: None 0 (Council Member Fawcett was excused, and Council Member Williams was not present at the time of the vote.) There being no further business to come before City Council, the regular meeting was adjourned at 7:07 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 5 AGENDA: April 3, 2024, Regular Session ITEM: Special Presentation – A proclamation in recognition of “National Animal Care and Control Week” The Suffolk Police Department has requested a proclamation in recognition of “National Animal Care and Control Week”, April 14, 2024, through April 20, 2024, in conjunction with this observance throughout the Commonwealth of Virginia and the United States. Interim Chief James Buie and members of the Suffolk Animal Care Center will be present to receive the proclamation. AGENDA: April 3, 2024, Regular Session ITEM: Special Presentation – A proclamation in recognition of “National Public Safety Telecommunicators Week” The Suffolk Police Department has requested a proclamation in recognition of “National Public Safety Telecommunicators Week”, April 14, 2024, through April 20, 2024, in conjunction with this observance throughout the Commonwealth of Virginia and the United States. Interim Chief James Buie and members of the Suffolk 911 Center will be present to receive the proclamation. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers Consent Agenda Resolutions AGENDA: April 3, 2024, Regular Session ITEM: Staff Report - Proposed FY 2024-2025 Annual Action Plan for the City of Suffolk Community Development Block Grant Program and the Western Tidewater Home Consortium Home Investment Partnership Grant Program Staff will brief City Council on the proposed FY 2024-2025 Annual Action Plan for the City of Suffolk’s Community Development Block Grant Program and the Western Tidewater Home Consortium Home Investment Partnership Grant Program. It is recommended that City Council schedule a public hearing for the April 17, 2024 City Council meeting to receive public comment on the proposed FY 2024-2025 Annual Action Plan. A motion to do so has been placed on the regular session agenda under the section entitled “motions” for action by City Council. AGENDA: April 3, 2024, Regular Session ITEM: Staff Report - Overview of the Workforce Development Center Staff will provide an overview of the Workforce Development Center, which has been in existence since 2006. The center is a certified One-Stop Employment and Training Center that provides services to employers and job seekers. AGENDA: April 3, 2024, Regular Session ITEM: Staff Report – Public Works Citizen Academy 2024 Update Staff will provide an update on the upcoming Public Works Citizen Academy 2024, which will be held on Thursday evenings from 6pm-8pm, commencing on April 18, 2024, and concluding on May 9, 2024. This is open to all City of Suffolk residents and is intended to educate them on how the department of Public Works operates and what it offers. AGENDA: April 3, 2024, Regular Session ITEM: Staff Report – Significant Land Use Application The Director of Planning and Community Development will give a brief discussion on the following significant land use application that will come before City Council in the coming months. • CONDITIONAL USE PERMIT REQUEST, CUP2023-025, Wyanoke Trail, submitted by Jeffrey Paxton, Paxton Contractors Corporation, applicant on behalf of Paxton Holdings VBT, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a surface mining (borrow pit) use to mine specialty types of sand, on a property located at 12000 Wyanoke Trail, Zoning Map 59, Parcel 4.  CUP2023-025 – Wyanoke Trail STAFF SUMMARY DESCRIPTION CONDITIONAL USE PERMIT REQUEST: CUP2023-025, Wyanoke Trail, in accordance with Section 31-306 and 31-406, Table 406-1, of the Unified Development Ordinance, and Chapter 34, Article 9 of City Code to establish a Surface mining (borrow pits) use. APPLICANT: Jeffrey Paxton, Paxton Contractors Corporation, applicant on behalf of Paxton Holdings VBT, property owner. LOCATION: The subject property is located at located at 12000 Wyanoke Trail, Zoning Map 59, Parcel 4. PRESENT ZONING: The subject property is zoned A, Agricultural zoning district. EXISTING LAND USE: The subject property is approximately 338 acres in size and consists of forested land. PROPOSED LAND USE: The applicant proposes to establish a Surface mining (borrow pits) use on the subject property. SURROUNDING LAND USES: North – The Blackwater River and Southhampton County. South – South Quay Sandhills Natural Heritage Site owned by the Department of Conservation and Recreation, zoned A, Agricultural zoning district. East – Forested land, farm fields, and residential uses zoned A, Agricultural, zoning district. West – The Blackwater River and Southhampton County. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan designates this area as being outside of the Growth Areas, Rural Agricultural Use District. The Department of Conservation and Recreation identifies the southern portion of the property as a Natural Heritage Site with a high biodiversity ranking as designated by the 2035 Comprehensive Plan due to the sites location to the South Quay Sandhills. The South Quay Sandhills is the last natural stand of Longleaf Pine in Virginia. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located outside of the City’s Chesapeake Bay Preservation Area Overlay District (CBPA); however, the Blackwater River is designated as a blue line stream and has a 100-foot Water Quality Stream buffer. FLOOD PLAIN: The property falls within Floodway AE and Flood Zone AE, as shown on Panel Number 5101560285D, dated August 3, 2015, of the Flood Insurance Rate Map (FIRM) for the City of Suffolk, Virginia. HISTORY: According to the Phase I Environmental Site Assessment (ESA), the property was previously mined in the 1980’s and was logged in 2013 and 2017. Since the previous logging the site has been left to revegetate. ISSUE: The applicant proposes to establish a surface mining (borrow pit) use to allow for three (3) borrow pits on the subject property to mine specialty types of sand. Borrow pit one (1) is proposed to be 122.5 acres in size, borrow pit two (2) is proposed to be 35.7 acres in size, and borrow pit three (3) is proposed to be 53.8 acres in size totaling 212 acres of surface mining (borrow pits). No wetlands are proposed to be impacted as part of this request and protective measures are outlined in the exhibit and operation plan attached to this summary. The proposal includes an operation plan which details the hours of operation, method of extraction, monitoring of haul and access roads, and a reclamation plan (see attached the operation plan).  GENERAL LOCATION MAP CUP2023-025 Central Growth Area Subject Property _ ^ SUBJECT PROPERTY VILLAGE _ ^ MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL VGIN, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, EPA, NPS, USDA Author: TINGALSBE Date: 12-21-2023 0 2 4 8 12 16 Miles ±  ZONING/ LAND USE CUP2023-025 L TR KE NO YA W Subject Property SOUTHAMPTON COUNTY, VA 59*4 A 152491400 ± Image: Suffolk Pictometry 2021 Author: TINGALSBE 0 500 1,000 2,000 3,000 4,000 Date: 12-21-2023 Feet  PROPERTY MAP EXHIBIT B CUP2023-025 L TR O KE N YA W Subject Property SOUTHAMPTON COUNTY, VA 59*4 152491400 Author: TINGALSBE Date: 12-21-2023 0 500 1,000 2,000 3,000 4,000 Feet ±  COURTNEY & ASSOCIATES, P.C. SURVEYORS-MAPPING CONSULTANTS- RIGHT OF WAY ACQUISITION AGENTS-LAND PLANNERS EMAIL: SURVEY@COURTNEYANDASSOCIATESPC.COM H. WAYNE COURTNEY, L.S. SWaM CERTIFIED 98 KILBY SHORES DRIVE, SUITE 200 PRESIDENT SUFFOLK, VIRGINIA 23434 PHONE (757) 539-0036 FAX (757) 539-4280 NARRATIVE DESCRIPTION OF EXISTING PROPERTY AND NARRATIVE DESCRIPTION FOR PROPOSED USE OF PROPERTY FOR PROPERTY KNOWN AS TAX PARCEL 59*4, OWNED BY PAXTON HOLDINGS VBT LOCATED AT 12000 WYANOKE SUFFOLK, VIRGINIA 11/21/2023 (REVISED 03/13/2024) 1) NARRATIVE DESCRIPTION OF EXISTING PROPERTY - Tax Parcel 59*4 is 338.30 Acres in size, and currently consists of mostly thickly wooded areas that include primarily highland areas with some wetland areas, as well as some small- cleared fields that have been used for agricultural purposes in the past. The wooded areas of the property have been logged several times in the past over several years. It is bounded on the west and northwest by the Blackwater River, the centerline of which is the boundary between the City of Suffolk and Southampton County. On the east, (north of Wyanoke Trail), the Subject Property is bounded by the rear and side property lines of four (4) adjoining parcels, all of which are separated from the Subject Parcel by an existing pond, the centerline of which appears to be the property boundary line(s). The right-of-way of Wyanoke Trail (Route 747) ends at the eastern property line of the Subject Property. South of Wyanoke Trail, the bottom portion of Tax Parcel 59*4 is adjoined on the east by a 151.08 Acre Parcel that appears to presently be used as a timber tract. On the south, the subject parcel is bounded by the Commonwealth of Virginia Department of Conservation and Recreation (DCR) land. A 50' wide ingress/egress easement runs along the eastern boundary of the Subject Parcel and through the Subject Parcel to serve the DCR property as well as a small parcel that resides within the boundaries of the Subject Parcel owned by Holland Hunt Club. The 50' wide ingress/egress easement running through the Subject Parcel is cited per Instrument No. 05-005208 and Instrument No.03011352 and is shown on a Plat recorded in Plat Cabinet 4 Slide 62- D. This easement will continue to remain in place with no adverse impacts on the aforementioned Parcels that will continue to use it for ingress/egress. 2) NARRATIVE DESCRIPTION OF PROPOSED USE OF SUBJECT PARCEL - The proposed use for the Subject Parcel by the Owner/Applicant is for a borrow pit operation for the mining of a specialty mortar sand that supports the manufacturing of concrete products. Paxton Contractors Corp., also owned by the Applicant, has gained a solid reputation for quality product and quality workmanship in the resource excavation industry. All present and past sites of mining operations have been well maintained, demonstrating a commitment to contain water sources and minimize land disturbance. In addition, reclamation areas have been restored to equal or better than original conditions. Work history reflects no serious injuries nor serious violations cited by the Virginia Division of Mines, Minerals, and Energy. Once approved, the mining site will be cleared on an as need basis only. Disturbed topsoil will be used as screening berms and/or water diversion structures, as required or needed. All mining drainage along with stormwater will be self-contained within the mining site, and all required preservation buffers will be adhered to during the period of the mining operation. This property was previously considered for use by the City of Suffolk as a park with walking trails and a boat ramp. It is the intent of the Owner/Applicant to potentially allocate 50+/- acres for this purpose when borrow pit operations cease. This 50 +/- acreage allocation is to be planned in conjunction with reclamation efforts to reestablish preferred vegetation for the site and create a wetlands mitigation bank serving the upper, lower, and mid Chowan River watersheds. Additional narrative commentary, as follows, has been prepared by the project's Environmental Consultant, Map Environmental Inc., detailing the measures planned to assure a positive outcome for the Subject Parcel from an ecological and environmental point of view. 3) ENVIRONMENTAL CONSIDERATIONS – The Subject Property is situated in the Blackwater Sandhills, which previously contained extensive swaths of some of the rarest plant communities in Virginia: Longleaf Pine/Scrub Oak Sandhills and Longleaf Pine Savannas. Through conservation and reclamation efforts such as those demonstrated in the 3,753-acre South Quay Sandhills Natural Area Preserve managed by DCR directly to the south, a few of these communities have persisted. Unfortunately, the Subject Property has been extensively manipulated over the past 40 years to the point that such valuable species assemblages are no longer present. The interior of the site, which coincides with the borrow pit boundaries proposed as part of this application, was previously mined (1980s) and timbered (2013 and 2017). As a result, many of the upland forests within this area are dominated by early successional Loblolly Pine, which have formed dense stands that have blocked light infiltration and outcompeted other tree and herbaceous species. These forests lack the elements necessary to form a healthy forest (e.g., diverse tree species at a variety of growth stages, areas of patchy tree cover, opportunities for wildlife cavities and burrows, etc.). Numerous field investigations performed between November 2023 and January 2024 did not identify Longleaf Pine within the project site. Dense Loblolly Pine forest in previously-timbered area Likewise, much of the wetlands identified within the Subject Property are dominated by Common Reed, an invasive species that is reflective of changing marsh hydrology and that outcompetes native plants. Common Reed marsh systems are less desirable than their native counterparts in terms of production and detritus availability, waterfowl and wildlife utilization, erosion and flood buffers, and water quality control. These systems are concentrated to the interior north-south trending linear depressional features depicted within the borrow pit limits. Ecologically- valuable freshwater forested/shrub wetland systems identified during the environmental due diligence conducted as part of this project have been purposely excluded from the borrow Common Reed dominated depressional wetland pit limits. The project team acknowledges that, although above-described conditions within the project site are not pristine, its proximity to the South Quay Sandhills Natural Area Preserve and Blackwater River make it a valuable resource with incredible potential. As such, the project has been designed with respect to the natural environment with the intent of ultimately creating a publicly accessible park and deed-restricted wetland mitigation bank. Public Park DCR has identified the Subject Property as an area with a very high land-based recreation need, and the City of Suffolk previously evaluated the site for development as a public park with walking trails and a paddle craft boat ramp. In consideration of the foregoing, it is the intent of the Owner/Applicant to allocate 50+/- acres for this purpose when borrow pit operations cease to create a City or State park. Conceptual Blackwater River Park plan to include conserved wetlands, a public boat ramp, public parking, pedestrian paths and access roads, and an improved freshwater pond. Accessible by Wyanoke Trail right-of- way. Lone Star Lakes Park (City of Suffolk) to be considered as reference site. Wetlands Mitigation Banking Pending approval from the appropriate regulatory agencies, it is the intent of the Owner/Applicant to allocate the remainder of the Subject Property for wetland mitigation banking. A review of the U.S. Army Corps of Engineers (USACE) Regulatory In-lieu fee and Bank Information Tracking System (RIBITS) database indicates that there is a need for compensatory mitigation sites within the Chowan River watershed, particularly in terms of non-tidal wetland credits. There are currently three (3) active mitigation banks located within the Subject Property’s potential primary service areas (HUCs 03010201, 03010202, and 03010203) with a total combined inventory of 5.94 available wetland mitigation credits. A preliminary feasibility study and conceptual mitigation plan developed in February 2024 determined that approximately 114 non-tidal wetland mitigation credits could potentially be produced by this site and would entail the following:  Conserving ecologically valuable wetlands within the Blackwater River 100-year floodplain and southernmost portion of the project site  Enhancing less ecologically valuable wetlands (i.e., Common Reed dominated emergent wetlands within the site interior)  Excavating adjacent uplands (to be completed as part of the mining process), which would then be re- graded and planted within native species The ecologically-valuable conserved wetlands would provide a valuable reference in terms of species composition and surface elevation for enhanced and created wetlands, which would likely include a combination of low-lying Bald Cypress swamps and higher elevation wetland forests dominated by oaks.  Reference Bald Cypress Swamp located within current Blackwater River Floodplain (to be protected). Enhanced and created wetlands within the southern portion of the mitigation bank would be designed to match the species composition and elevation of this system. Reference seasonally saturated wetland forested dominated by hardwoods within nearby system. Note herbaceous growth (cane) and fallen decaying trees, which would be incorporated to promote reptilian populations. 4) SUMMARY – The proposed mining project provides benefits to local citizens in terms of the economy, recreation, and conservation. The proposed wetlands mitigation banks would potentially be available to the local colleges for students taking environmental study courses to visit and obtain hands-on experiences in their field. The unique types of specialty materials produced by the site are necessary for the continued managed development of the City of Suffolk and surrounding cities, while the creation of a public park and wetlands mitigation bank would improve a parcel that currently does not meet its potential as a stronghold of biodiversity. The Owner/Applicant and project team look forward to working collaboratively with public stakeholders and various conservation organizations to ensure the best possible outcome feasible for this property. AGENDA: April 3, 2024, Regular Session ITEM: Motion - A motion to schedule a public hearing to be held on April 17, 2024, to receive public comment on the proposed FY 2024-2025 Annual Action Plan for the City of Suffolk’s Community Development Block Grant Program and the Western Tidewater Home Consortium HOME Investment Partnership Grant Program A public hearing is required to receive public comment on the proposed FY 2024-2025 Annual Action Plan for the City of Suffolk’s Community Development Block Grant Program and the Western Tidewater Home Consortium HOME Investment Partnership Grant Program. Adoption of the City’s FY 2024-2025 Annual Action Plan has been scheduled for the April 17, 2024 meeting, however, should Council elect to do so, adoption of the document may be accommodated at the May 1, 2024 City Council meeting. RECOMMENDATION: Schedule a public hearing for April 17, 2024 AGENDA: April 3, 2024, Regular Session ITEM: Motion - A motion to schedule a public hearing to be held on April 17, 2024, to receive public comment on the proposed FY 2024-2025 Operating & Capital Budget A public hearing is required to receive public comment on the proposed FY 2024-2025 Operating & Capital Budget. During the City Council Work Session, Council received the City Manager’s proposed FY 2024-2025 Operating and Capital Budget. The public hearing will be set for the April 17, 2024 City Council meeting. RECOMMENDATION: Schedule a public hearing for April 17, 2024  Motion to schedule a City Council Work Session for Wednesday, April 17, 2024, at 4:00 p.m., unless cancelled by the Mayor and City Manager AGENDA: April 3, 2024, Regular Session ITEM: Motion - A motion to schedule a public hearing to be held on May 1, 2024, to receive public comment on the proposed FY 2024-2025 Citywide effective real estate tax increase due to reassessment In accordance with State Code Section 58.1-3321 relative to the annual reassessment of real property, the City Council is required to hold a public hearing to receive public comment regarding the proposed Citywide effective real property tax increase which exceeds 1% due to reassessment for the fiscal year 2024-2025. The public hearing will be set for the May 1, 2024 City Council meeting. RECOMMENDATION: Schedule a public hearing for May 1, 2024 AGENDA: April 3, 2024, Regular Session ITEM: Motion - A motion to schedule a public hearing to be held on May 15, 2024, to amend Chapter 26-2 (c) Code of the City of Suffolk, Virginia, “Precincts and boundaries in boroughs: Cypress Borough, John F. Kennedy Precinct and White Marsh Precinct” RECOMMENDATION: - Approve the motion Non-Agenda Speakers New Business Announcements and Comments