City Council - Regular Meeting

Good evening and welcome. City Council is now in session. Please be advised that Councilmember Butler-Barlow and Vice Mayor Ward will not be present this evening and both have been excused. Please stand for the invocation at this time by Councilmember Johnson, which will be followed by the Pledge of Allegiance to the flag. We'll now move to approval of the minutes from the July 1st, 2026 and July 15th, 2026 work sessions and regular meetings. Council, a motion would be in order. Council Member Williams?

So moved.

A motion for approval from Council Member Williams. Council Member Rector? Second. Second from Council Member Rector. Is there any discussion of the motion? Hearing none, Council Members prepare to vote. Please cast your vote. Madam Clerk, please record the vote.

If I could get everyone to cast their votes again, please.

I'm sorry, say again?

If everyone could just cast their votes again, please.

Thank you.

The motion is approved by a vote of six to zero.

We now move to special presentations. We're going to start with a proclamation in recognition of National Forensic Science Week, which would be followed by a presentation on our 2026 Suffolk Peanut Festival. Mr. Manager, please provide an overview.

Mayor, Vice Mayor, members of council, your first special presentation next week, starting the week of September 20th, recognizes National Forensic Science Week. This evening, Police Chief James Bowie and members of the Suffolk Police Forensic Unit Team will join you at the podium to accept the proclamation.

Madam Clerk.

I think you're making this harder than it needs to be.

Madam Clerk, will you please present the proclamation.

Whereas access to state-of-the-art forensic analysis significantly improves the investigation of criminal activity, assists in the exoneration of the innocent, and in the prosecution of the guilty. And whereas crime scene investigators and forensic technicians with the Suffolk Police Department and law enforcement agencies across the Commonwealth locate, recognize, document, collect, preserve, and properly package items of physical evidence for examination. And whereas forensic technicians with the Suffolk Police Department provide vital, accurate, and reliable analysis of recovered evidence, such as digital and multimedia evidence, firearms, and latent prints and impressions. And whereas professional organizations across the nation recognize and celebrate National Forensic Science Week. And whereas the city of Suffolk's forensic science community is recognized and appreciated for their hard work, dedication, and commitment to providing quality and unbiased scientific analysis and testimony in support of the cause of justice. NOW, THEREFORE, I, MICHAEL DOOMAN, MAYOR OF THE CITY OF SUFFOLK, DO HEREBY PROCLAIM SEPTEMBER 20 THROUGH SEPTEMBER 26, 2026 AS NATIONAL FORENSIC SCIENCE WEEK, AND CALL UPON ALL RESIDENTS TO SUPPORT THIS WORTHWHILE OBSERVANCE. IN WITNESS WHEREOF, I APPEAR TO SET MY HAND AND CALL THE SEAL OF THE CITY OF SUFFOLK TO BE AFFIXED THIS 16TH DAY OF SEPTEMBER IN THE YEAR OF OUR LORD, 2026.

We try every time to get them to speak and every time they shoot me down. Mr. Mayor, members of council, city manager, city staff, and all the people out here, these are your true unsung heroes when it comes to policing. The police officers get a lot of credit for going forward and how you're going into the fight, but When that's over, everything comes to these ladies. And without a doubt, they are the best team in the country when it comes to forensic. If your thought was ever that you're going to commit a crime and you think you're going to get away with it, I assure you, you are not. Because these ladies here with one thread of evidence will convict you. And part of that, it brings prosecution to our offenders. But what it does more than that is it brings closure. What they do brings closure to the families. of victims. They solved these crimes. Although the crime is a tragedy in itself, they bring closure to the families by their hard work. And whenever I go to a crime scene and I see these ladies arrive, I know I can rest easy because they're going to find who did it. And we appreciate this proclamation. Thank you.

Mayor, Vice Mayor, Members of Council, your second presentation. We are only a few weeks away from this year's festivities taking place at the 2026 Peanut Festival. Teresa Earls, Tourism Development Manager, is joined by the Chair and Board Members of Suffolk Festivals. We'll provide an overview on all the things happening with this year's events. Good evening, Teresa.

Good evening, Mr. Mayor, Honorable Counsel, Mr. Manager. I know you just saw me a couple of weeks ago. I promised this is a much shorter presentation, but we're excited nonetheless. This is a glimpse into this year's Peanut Fest. It's coming up on October 8th through the 11th at the Suffolk Executive Airport. This is Suffolk's longest-running festival. This is our 48th year. And every year, peanuts are the main theme, but we always have kind of a sub-theme, where the chairman gets to pick something that means something to them. So this year's theme is Celebrating Generations, One Picture-Perfect Memory at a Time. And you'll notice that all of our peanuts here are representing different eras, pretend... With that, the Peanut Fest, I'm sorry. There we go. Pre-fest events. On Thursday, October 1st, we have the annual Queens Banquet and Fashion Show. That's where you learn who is the Peanut Fest queen for 2026. That is a pilot club fundraiser. It's $35 per person, and only advanced tickets will be sold. If you are interested in going, you need to get your ticket by September 19th. It's at the Hilton Garden and Suffolk Conference Center. On the 3rd of October at 10 a.m., the Suffolk Peanut Fest Parade will march through downtown Suffolk. It lines up in Lakeside and continues down Washington Street before turning left onto North Main Street and concluding at Finney Avenue. So Peanut Fest has some great traditions, not just family memories, but we also are bringing back the Dock Dogs Canine Aquatic Competition. The Suffolk Raritan Club Shrimp Feast will be on Friday night with Island Boy performing during the event. We'll have a full carnival and amusement rides. The Demolition Derby is on Saturday with the Peanut Cup Auto Race on Sunday. Of course, everyone's favorite Peanut Butter Sculpting Contest, which is not nearly as easy as you think it is, is at two o'clock on Saturday afternoon. Senior Bingo and Kitty Day is Friday morning, so it's free admission for everyone until noon, with lots of activities for seniors and preschool-aged children that are complimentary. We will have monster truck rides, petting zoos, pony rides, arts and crafts, hot wing eating contests, parks and recs bringing back their chalk art contest. We'll have the Gooberland Family Area, where you can have pony rides and play in bounce houses and all kinds of fun stuff for kids. We'll have the motorcycle rally on Sunday, hot air balloon rides, and princess sing-alongs. New for 2026, we're going to be having Friday night fireworks, 9.30 Friday night. And then on Saturday night, we're bringing in a drone show. So that is new. We will also have the Virginia Agriculture Mobile Education Unit, which is essentially an agriculture museum on wheels. And I promise that it fits wonderfully with the theme of Peanut Fest, and it gives everyone a chance to be educated as well as entertained. We will also have butterfly feeding, and the new fire safety house will be there. Live entertainment consists of country music artists such as Chris Cagle, John Langston, Cody Christian. We're bringing the Woe 90s Band for After Shrimp Feast. That's Friday night. Carrie Lacy, the Daniel Jordan Band, Alan Hudson and the Half Moons, Mash Up in Cozy Conditions rounds out the entertainment lineup. We will have some public schools performing as well. the cloggers and we have a variety of things on the peanut stage as well as the main stage. So on Thursday, October 8, Peanut Fest opens at 4 o'clock and continues until 10. And it is free for everyone, unless you would like to get carload night, which allows you to get up to eight wristbands for $50 total. But those eight people need to be seated legally in your car. And then on Friday, we are free until noon. And then from noon to 10, it's $10 per person. Children ages 12 and under are free. Saturday is 10 to 10, same thing, $10. And then on Sunday, it's actually Military Appreciation Day as well as First Responders Day. So those with valid ID get half off their admission, so it's $5 per person. And this year's chairman or chairperson is Kate Rawls, and I'd love for her to come up here and just tell you a little bit why she chose her theme and what Peanut Fest means to her.

Thank you, Teresa. Good evening, Mayor, City Council members, and others. On behalf of the Suffolk Peanut Fest Board of Directors and Executive Committee, I want to thank you all for your continued support of our festival. It's truly an event that takes a city to put together. We are incredibly fortunate to have the partnership of you all, city leadership, various city departments, first responders, sponsors, volunteers, and so many others who make this festival possible throughout the year. I especially want to thank Lisa Key and Angie Twyford for all their support and guidance throughout the year. There's so much work that happens before the gates ever open, and their support is invaluable to me and our entire committee. I chose this year's theme, Celebrating Generations, One Picture, Perfect Memory at a Time, because Peanut Fest has always been a little bit personal to me. My mom and dad grew up in the early generations of Peanut Fest volunteers, and we've been attending the festival as a family ever since. Thursday night is always family night. I eventually became a volunteer, and more than 15 years later, I have the honor of serving as chairlady. I also know my story isn't unique. There are generations of Suffolk families who have grown up with our festival. We have pictures of ourselves there as kids, and eventually with our own families, and we also have various pictures with our friends. We have food we get every year, people we look for, and traditions that probably don't make sense to anyone outside of Suffolk. That's really what I want to celebrate this year. And while we love our traditions, we wanted to keep giving our people something new to experience. As Teresa said, we have lots of new things coming this year. We have the drone show lighting up the sky, which I think will be really special moment for everyone to celebrate together. We have our interactive butterfly feeding experience, which should provide pretty PRETTY, SORRY, PICTURE PERFECT MOMENTS. AND OF COURSE THE VIRGINIA STATE UNIVERSITY'S AGRICULTURE EXHIBIT. THIS IS REALLY IMPORTANT PART OF THE HISTORY OF NOT ONLY THE PEANUT FEST BUT SUFFOLK ITSELF. BRINGING AN EDUCATIONAL HANDS-ON EXPERIENCE FOR THE FESTIVAL FEELS LIKE THE PERFECT FIT FOR WHO WE ARE AND FITS OUR CITY. I hope that whether this is your first or 48th Peanut Fest or anything in between, you'll find something new to enjoy there while experiencing all the traditions we have to provide. Thanks again for continuing to support us in something that's such a special part of Suffolk. We hope all of you will come out, spend some time with us, eat some peanuts, take plenty of pictures, and help us create a few more picture-perfect memories. Thank you.

If you need to know any more information, you can go to suffolkpeanutfest.com, you can scan the QR code on the screen, or you can just follow us on our social media platforms to find out all the schedule updates.

Okay, thank you, Ms. Earls. Council, any questions or comments? Any none? Thank you very much for your presentation, and I'm sure it'll be another outstanding event like it always is. Hopefully the weather's okay.

Yeah, you got it. We don't talk about that word.

At this time, we're going to consider the removal of items from the consent agenda and adoption of the entire agenda as presented. Removal of any item from the consent agenda would only be necessary if any member of city council wishes to vote on a specific item separately and a motion would be required. If not, a motion would be in order. Council, what's your pleasure? Council Member Rector? Move to accept the agenda as presented. We've got a motion for acceptance by Council Member Rector, Council Member Johnson.

Second.

Second from Council Member Johnson. Is there any discussion of the motion? Hearing none, Council Members prepare to vote. Madam Clerk, please cast your vote. Madam Clerk, please record the vote.

The motion is approved by a vote of six to zero.

Madam Clerk, do we have any agenda speakers this evening? And if so, please explain the guidelines.

There are no individuals registered under this portion of the agenda, Mayor.

Okay, we'll now move to presentation of the consent agenda. Madam Clerk, will you please present the consent agenda items for consideration?

Item number seven, in ordinance to accept and appropriate additional funds from the Home Investment Partnership Program American Rescue Plan funding from the United States Department of Housing and Urban Development. Item number eight, an ordinance to appropriate funds from the general fund assigned fund balance to the community safety department and traffic safety fund. And item number nine, a resolution to accept a donation of personal property for the Suffolk Police Department.

Mr. Manager, will you please provide an overview of the items? Mayor, Vice Mayor, members of council, consent item number seven, the city has received notification from the U.S. Department of Housing and Urban Development that the Home Investment Partnership Program ALLOCATION FOR FISCAL YEAR 22-23 HAS BEEN INCREASED BY AN ADDITIONAL $1,656. THE ADDITIONAL FUNDING WILL BE USED FOR PROGRAM ADMINISTRATION THAT PROVIDES SERVICES TO LOW TO MODERATE INCOME PEOPLE AND FAMILIES. ADOPTION OF THE ORDINANCE WILL INCREASE THE PLANNED REVENUES EXPENDITURE TO THE CONSOLIDATED GRANT FUNDS BUDGET BY $1,656 AND DOES NOT REQUIRE A LOCAL MATCH. CONSENT ITEM NUMBER 8. An ordinance is presented to appropriate $8,576,050.84 in fines and forfeitures, automated traffic enforcement revenue that were collected in fiscal year 25-26 to fiscal year 26-27. The funds in the amount of $1,144,446 WILL BE APPROPRIATED TO THE GENERAL FUND COMMUNITY SAFETY FUND, AND $7,431,604.84 WILL BE APPROPRIATED TO THE TRAFFIC SAFETY FUND. ADOPTION OF THE ORDINANCE WILL INCREASE THE PLANNED REVENUES EXPENDITURES OF THE GENERAL FUND BUDGET BY $1,144,446, AND THE TRAFFIC SAFETY FUND BUDGET BY $7,431,000. $604.84. Consent item number nine. The city has received a donation of fitness equipment from citizen Homer Morris for the Suffolk Police Department valued at a total of $27,269.28. Adoption of the attached resolution is required to accept and record the donated equipment for the operations for the Suffolk Police Department. This concludes your consent items.

Thank you, Mr. Manager. If there's no questions about the items, a motion would be in order to approve the consent agenda as presented. Council Member Williams? Move to approve. We've got a motion for approval from Council Member Williams. Council Member Bennett? Second. Second from Council Member Bennett. Is there any discussion of the motion? Hearing none, Council Members prepare to vote. Please cast your vote. Madam Clerk, can I leave the court to vote?

The motion is approved by a vote of six to zero.

We'll now move to public hearings. Our first is an ordinance to grant a conditional use permit to establish a solar energy facility on property located on Old Myrtle Road at Zoning Map 23, parcels 2, 3, 4, 5, and 20. Account numbers 250702000, 2519640000, two five one nine six five zero zero zero two five one nine six six zero zero zero and two five one six nine five zero zero zero this is cup 20 26 11. mr manager please provide an overview mayor vice mayor members of council mr kevin wine director of planning and community development will provide the pres the presentation

Thank you, Mr. Manager, Mayor, members of council. Good evening. As stated, this is a request for a conditional use permit for a solar energy facility on a collection of five separate parcels along Old Myrtle Road. The property is designated by the comprehensive plan to be in our rural agricultural land use type, and the property is zoned agricultural land. It's a larger property about 340 acres in size in this case the applicant is looking to use a portion of the overall site for the solar facility use The property is near the Isle of Wight City of Suffolk jurisdictional line the property in the surrounding area in the city of Suffolk all zoned in A, agricultural, over in Isle of Wight you have some rural agricultural conservation land as well as light and general industrial land uses. So the proposal, this will be a 15.68 megawatt solar energy facility. In total they will utilize five pads with inverters and transformers on them. In total 63.9 acres of the site will be encompassed within the fenced area that will be the size of the solar facility. And as this was submitted prior to July 1st, 2026, the new provisions in state code as it relates to House Bill 711 and Senate Bill 347 would not apply. So here we have the sketch plan and the exhibit that's been provided to us to depicts the areas utilized. for the solar energy facility and how the site will ultimately be designed. You can see the access roads here. There's some blue arrows, a little difficult to see there, but that would take you up from the main point of access on Old Myrtle to the site. And you have some vegetated buffers and screening that are proposed along the entire perimeter as well as some mature vegetation that would be preserved to protect views. So here, internal to the site, we have the inverters that you can see located internal to the site. Four of them concentrated right there in the middle. You can see that with the blue circle. And then you have another blue circle up at the top. That is another inverter. As a product of some of the amendments we've made to the Unified Development Ordinance, being a solar energy facility over 15 megawatts, the inverters and transformer equipment, that noise-making equipment, must be 1,000 feet from any nearby property lines. And they have demonstrated compliance with that here. And you can see how that plays out in the sound study that they provided and is required with these types of applications. The noise generated would be internal to the site due to the location of those inverters. You can see it surrounds those inverters. It dissipates as it gets to the property line. A more interesting component of this application is the existence of a cemetery that was found as part of their due diligence. They would be protecting that as required. You can see that they would provide gated entry to that to ensure access, which is also a requirement of Virginia law. They have provided us with some photographs and some simulations of what the solar panels would look like from certain viewpoints. Here we have a view from Old Myrtle Road. Look into the site and behind those existing trees, that is where the solar panels would be located. Same situation here. And then similar situation here. It is, it does front along the railroad in the vicinity, and then this just shows the proximity. And this is a simulation of what the vegetation would look like upon 10 years of growth, and you can see the panels as well. As with any solar energy facility, they don't generate much, really any vehicular trips or traffic. Once they are up and running, construction is a different story. They will have construction trucks coming in and out to the site during a concentrated period of time. So we're very cognizant, particularly because these are generally in rural areas, that a truck route is identified and reviewed by our Public Works Traffic Engineering Department. As such is the case here. You can see they would be coming in from the north. and ultimately down Old Myrtle to the site. That would be their way in and their way out. So the staff, we've analyzed this application. We've applied our supplemental use standards to it. And they've complied with all of those. I've certainly shown their intent to comply. We believe that this location meets the intent of the comprehensive plan as well as the unified development ordinance and we're recommending its approval to you all this evening. The planning commission at their meeting back in June by a vote of five to two have moved to recommend this application to you all with their denial. That concludes my presentation on this item. I'll be happy to stand by at the conclusion of the public hearing. Do you have any questions?

Thank you, Mr. Wan. Before we open the public hearing, Madam Clerk, will you please explain the timing system?

This is a public hearing, and each speaker is asked to provide their name and their address. We will have a 10-minute period for the proponents, a 15-minute period for those in opposition, and then an additional five minutes for rebuttal.

This is a public hearing. Will the first speaker please come forward and provide their name and address, and that is to speak in favor of this ordinance.

Good evening, Mayor Newman and members of the City Council. My name is Paul Cousins, and I'm a Senior Project Development Manager with CEP Solar, which is located at 2201 West Broad Street in Richmond, Virginia. CEP is a Virginia-based company that works exclusively in the Commonwealth. We take pride in being good neighbors and community partners, citing our projects with high standards, engaging early and often with project stakeholders and neighbors, and investing in communities that we become a part of. Old Myrtle Solar will deliver clean energy to the local grid for Suffolk homes and businesses, along with significant revenue to the city. Sam Pete Perry leased his land to generate additional income for his family while continuing to operate Perry Minnow Farm alongside their farming and timber operations. Pete passed away in February of 2025, and his daughter Susan is now carrying on what he started. This project allows Susan and her family to keep the land and the family business in the family for generations to come. The project will use less than 20% of the project parcels. The unused land will continue to be used for agriculture and timber production. Over 100 acres of land owned by the Perry family will remain in active crop production. The land leased for the project will stay agriculturally zoned and will be returned to its current state at the end of the project's life. This preserves future options for the land and for the Perry family. The project meets and exceeds every setback and sound requirement in the city's solar ordinance. The closest fence line to the project is set back 2,000 feet from Old Myrtle Road, and most of the project is over 3,000 feet from the road. The project is fully screened by hundreds of feet of existing natural buffer, as well as double railroad tracks with a large berm running along the west of the project. Inverters, the only sound emitting equipment on the site, sit at least 1,700 feet from any residents and over 3,800 feet or three-quarters of a mile from Old Myrtle Road. An independent sound study by Ascentec that's required by the city found that operational noise of the project fence line will be 10 to 15 decibels below the city's residential standard. That this fence line is thousands of feet away from any residents and The study also confirmed that there will be no project noise from surrounding property boundaries. These findings are enforceable by the city and are backed up by a permanent bond that is required in condition number six for the project. No substation is required as part of the project and no battery storage is proposed. This site has an existing access to Dominion's three-phase distribution system, so no additional easements are necessary for the project either. Community engagement has been central to our development process. The CEP team, for over a year, has reached out to every neighboring property owner to introduce ourselves and discuss the proposed project. Every neighbor received project information by mail and was invited to a community meeting that was held at the College and Career Academy at Pruden on February 24th, along with Councilman Johnson was in attendance as well. Through our community benefits program, our team has over 100 volunteer hours in Suffolk. supporting organizations like the Hero Kids Foundation, whose founder John is here today to share a few words, 4Kids Suffolk, where we've helped organize donations, clean program vans, and stock their resource patio. We've also partnered with the STEM Academy at Booker T. Washington Elementary for a hands-on solar education program for fifth graders, which included building and racing solar-powered cars. We are already planning new curriculum for this fall. Your packet includes letters, from all of these organizations, as well as eight letters of support from members of the community. In closing, Old Myrtle Solar is a well-cited project that will not be seen or heard from any home, road, or business in Suffolk. It meets and exceeds the city's ordinance requirements and complies with the comprehensive plan. It keeps the land in the Perry family while providing stable income so that they can focus on their family business. It delivers clean energy to the grid and will bring significant revenue to the city of Suffolk. without drawing on city resources. For these reasons, we respectfully request the council's approval of this conditional use permit. Thank you. We have a next speaker to speak in favor.

Good evening, Mayor Duman and city council members. My name is Glen Adams, and I live at 5413 Pruden Boulevard. and I am here tonight on behalf of my wife Susan and our family. I would like to share a little of the history of our property and explain why we believe the proposed solar project is important to the future of our family farm. My father-in-law, Sam Pete Perry, passed away in February of 25. Susan and her father worked together for 40 years. Out of 65 years, the farm has been in existence. He was dedicated to providing for his family and knew that it may be a struggle to keep a 500-acre-plus farm in years ahead. Much of the farm was wooded. Over the years, he spent countless hours cutting timber, clearing land, planting trees, and building ponds to grow fish. He devoted his life to working the land and being a good steward of property and the community. Sam loved everything about this farm. He was proud of what he had accomplished during his life. He was an outdoorsman. He loved to hunt and fish and provide wildlife habitats on the farm. As Sam got older, he became concerned about the future of the farm. He worried about how his family would be able to maintain the property and continue the family business. He began looking at different options that would allow the farm to remain in the family. He believed solar was the right direction because he felt it could provide another source of income while having minimum impact on the rest of the farm and in return have no negative impact on city services. The proposed solar site is off-road and is surrounded by existing vegetation providing natural screening from the surrounding area. He felt if solar went on this piece of farmland, the rest could stay wooded, and then we could clean up another parcel to put back into farmland that would be more suited for crops. This site is approximately 2,500 to 3,000 feet or more from the adjacent homes along Old Myrtle Road. This site would continue to allow growing timber, continue to provide farmland for growing crops, providing habitat for wildlife and a pond with water for a source for the wildlife and irrigation. Most importantly, Sam saw solar as a particular way to help offset increasing costs of operating the farm and give his family a better opportunity to maintain it for future generations. Tonight, we have several citizens here who support this project. I would ask them to stand as a representation of that support. We understand that not everyone will agree with solar, and I respect that all have different views, ideas, and concerns. What makes our community strong is our ability to listen to one another, consider different perspectives, keep an open mind, and work together. So tonight, we ask you to consider not only this project, but also the history behind this property and what this farm means to our family. This is more than simply a piece of property to us. It represents decades of hard work, memories, stewardship, and family. We are asking for your approval so that we can continue to maintain the farm, honor what Sam built, and preserve the family tradition for our children and our grandchildren. Thank you for your time and for allowing me this opportunity to speak before you tonight.

We have a little under two minutes if anyone else would like to speak in favor of this ordinance.

John Ranowski, 1474 Copeland Road, Suffolk. Good evening, Mayor Duman, members of City Council, fellow citizens. My name is John Renowski. I'm the founder and president of Hero Kids Foundation, a Suffolk-based nonprofit serving military members, first responders, and their families through nature-based wellness, education, and family connection. I'm here tonight to speak about something I believe matters when we evaluate companies seeking to do business in our city. What kind of neighbor have they proven themselves to be? For more than a year, Hero Kids Foundation has had the opportunity to answer that question with CEP Solar firsthand. CEP has not simply written a check, taken a photograph, and moved on. They have invested something equally valuable in our organization and this community, their time, their people, their expertise, and their sweat equity. When we needed volunteers, they showed up. When we had an idea that never had been done before, they helped us figure out how to make it happen. Today at Hero Kids Foundation's Nature Center of Excellence here in Suffolk, we have a solar-powered charging station supporting all-terrain mobility chairs, giving individuals with disability greater access to nature and the outdoors. To our knowledge, it is the first charging station of its kind in Hampton Roads. But CEP's involvement did not stop with one project. They've helped bring partners to the table. CEP is now collaborating with Trane and Conversion Solar as we develop our alternative wellness spaces, another first of its kind initiative being built here right in Suffolk. It is relationships, it is collaboration, it is bringing other organizations together, and most importantly, it is showing up and doing the work CEP Solar has. I understand tonight that you have a specific land use decision before you concerning CEP Solar's old Myrtle Solar project, and I respect the responsibility Council has to consider the complete record associated with the project. What I can offer is our experience. When CEP Solar tells Hero Kids Foundation they're going to do something, they show up, they follow through, and they do the work. For Hero Kids Foundation, CEP Solar, excuse me. When CEP Solar tells Hero Kids Foundation they're going to do something, they show up, they follow up. For Hero Kids Foundation, CEP Solar has not behaved like a company simply doing business in Suffolk. They have behaved like a neighbor investing in Suffolk. Thank you again for your time.

Thank you. That concludes our time for the proponents. We will have a five-minute rebuttal period. At this time, we're going to have 15 minutes for the opponents. If anyone is here in opposition.

Good evening, Mayor and Council Members. Here we are again speaking about another solar panel development.

Can we get your name and address, please?

Oh. 6838 Old Myrtle Road, Suffolk, Virginia. And your name, sir? Jimmy Smith.

Thank you.

I'm sorry, mayor and council members. Here we are again speaking about another solar panel development on Old Myrtle Road. I have personally spoken to residents for over five miles down this beautiful, peaceful country road from Highway 460 to Lonely Lane. Only one household would not sign a petition because her husband wasn't home and she had to ask him. Residents from White's Drive, Old Mill, Little Creek Road, Archer's Mill, Simons Drive, Indian Trail, and Joshua Lane all oppose the solar panel farm. Everyone loves the beautiful, majestic area we live in and call our forever home. Do not ruin our peace and tranquility that we enjoy each and every day. Old Myrtle Road is posted by the city, no through trucks prohibited. Our trash trucks have a problem staying on the road. Run off the road, get a tow truck. Our community of Myrtle and Western Branch Church highly oppose the project. How many council members has asked the community about the feeling for this project? Council represents the will of the people and the people in this neighborhood oppose. Please consider hundreds of homes that will be affected. This farmland will be ruined. Suffolk is supposed to be about our local farmers. What is going on here? Safety concerns, and I obtained this from Google this morning. Norfolk Southern averages 260 train accidents per year. It's going to be adjacent to this project, according to federal railroad data. Most significant recently was to East Palestine and Ohio. Everyone remembers that. Channel 12, WKRC, Norfolk Southern accident rates climbed over the last 10 years. Suffolk, Norfolk, Chesapeake sustained some of the highest lightning strike rates in the state of Virginia. I was not aware of that. We are in a high regional flash density area. 45 lightning strikes per square mile. Flooding is another major concern on Old Myrtle Road as well as Old Mill Road. I didn't see any retention ponds on this plan. It's all going to drain to the swamp and go to our local roads. Noise is another major concern for the families adjacent to the property. Even though you say no significant increase to us, most of the families I've visited have dogs and cats. Their hearing is twice as sensitive or greater than ours. They are our family. Fire hazards. What will be the response time if we have a fire here? And they do have fires in these solar panel farms. My neighborhood, or at least my neighbor's home, was nearly destroyed by fire less than three months ago, and it took 30 minutes arrival time. Imagine the agony he was going through for a 30-minute arrival. Electrical fires happen. The wildlife impact will be significant. These panels reflect as water and migratory birds will come to their death. Impact to the mammals, insects, birds, amphibians, reptiles, plants, trees, and fungi, which are a lot on the endangered species and protected, was on a list I'll provide to council. Weight load assessment. I hope this has been performed. This is sandy soil on this property. With the heavy rail traffic here, I hope someone has done a study on this. Water runoff again, how many gallons should the community expect? We have homes that have ponds that are adjacent to the flood areas that will be destroyed. Rural area property value is decreased by 2.3% or greater by solar projects. This affects a lot of homes in this rural area. Solar panel heat on a 100 degree day reaches 165 degrees. What is it doing to our ambient temperature in the area? Lightning hits high power transmission lines hundreds of times each year. This is gonna be right under a high power transmission line. The planning commission denied this project but forwarded it to you. Maybe there was a significant reason for that denial. Everyone who opposes this development, will you please stand? That's here in opposition to the solar panel, and these are people I have talked to in my community, and I've talked to a lot of households. Thank you very much. And if you do approve this project, I hope you will look at 460 as an option for egress and entrance because the property owner owns property all the way through. Thank you very much.

Can we have our next speaker, please, to speak in opposition?

Good evening, Mayor and members of the City Council. My name is Janetta Whitehurst, and I reside at 1603 East Indian River Road in Norfolk. I do own land at 4500 Old Mill Road, and my parents, Oprah and Clarence West, OWNED THE LAND AT 4412 OLD MILL ROAD. AND BEFORE I GET INTO WHAT I HAVE TO SAY, MY MOTHER AND HER SIBLINGS WERE THE ONES WHO STOLE THE LAND TO THE PERRIES AND THE CEMETERY ARE MY GREAT-GRANDPARENTS THAT THEY'RE SPEAKING OF. BUT I STAND BEFORE YOU TODAY IN STRONG OPPOSITION OF THE PROPOSED SOLAR FARM not because I oppose progress, but because I believe progress should not come at the expense of history, community, and dignity of those who came before us. This project will affect the burial site. I can say that me going to visit the burial site, I would not want to go through the solar panels to try to get to my ancestor's burial site. even though they say it's protected, that's not where I think we should, I don't know what health concerns that would be for me to go to that site. The ground is sacred to my family. It's part of our history and a connection to generations that cannot be replaced. But this concern extends beyond my family. The surrounding community matters too. Families have worked, lived, and invested in this area for generations. Many properties have been handed down from one generation to another. We are deeply concerned about the potential depreciation of those homes and properties at the impact that this development could have. on the character and value of the surrounding community. We ask that you look beyond the solar panels and the promise of development and consider what could be lost forever. Some land is not simply progress and should not require us to sacrifice the dignity and resting places of our ancestors. There are ways to pursue development while also protecting sacred and burial grounds and honoring families whose history is connected to that land. I respectfully ask the City Council to consider not only what can be built on this land, but what must be protected. Please protect the burial site, honor our ancestors, and protect the legacy that has been entrusted to us. and also to recognize that some places are more than property. They are sacred places of our history. Thank you.

Thank you.

We have our next speaker to speak in opposition.

Good evening, Mayor, City Council. I'm Kim Rogers. I reside at 5840 Old Myrtle Road, Suffolk, Virginia, 23434. I'm here to speak in opposition to this project. And I'm not opposing the ability for the city to have renewable energy. But I would like for the renewable energy to be renewed in somebody else's backyard. Currently, this is an ancestral piece of property. I've got four generations there, including my son, and it is a bit annoying to build a property like that and then be disturbed by a solar farm, which is in your backyard, which we've had years and years of peace until this project came about. Also, there are the impacts of the farmland. The farmland is going to be impacted. We have the financial resources that it's going to take to restore the farmlands back to what they were. Also, we have the water runoff. Years ago, in a storm, a couple storms ago, there was flooding on O'Neill Road. It was flooding to a point that we could only see the tops of the dwellings that were there. We also had a washout down on the bottom of Old Myrtle Road, which was also contributed to rebuilding the bridge there. With these solar panels, I feel like they're going to have the impacts on the swamp lands. That's going to also create higher water tables in these areas. And we don't want to be in an area that we are stuck on the island And we can't get out. So at this point, I will ask you guys to do the responsible thing and disapprove this solar farm being our backyard. I thank you guys. I thank you for considering this. And I thank you for the opportunity to be here.

We have our next speaker to speak in opposition. Good evening. My name is Travis Wood. I reside at 6128 Old Myrtle Road. That's that little notch you see on that map there. And I point that out for this reason. When CP says they reach out to all the neighbors, I guess they realize I was a neighbor, have been since 2021, when my wife Samantha and I bought our first home together on Old Myrtle Road for the reason of living where we live, in the rural district. Old Myrtle Road is very adequately named because it is old. And like most old roads, it's narrow. It's in disrepair. City Planning's pictures show that very clearly when you look at the cracks. It's so narrow that a Dominion, Virginia truck took out the side mirror on my Suburban just trying not to go into a ditch. It happens, right? So narrow that we don't allow semis down this road for a reason, and they routinely come down, and they routinely end up in the ditch. This same road that my children ride the school bus to Kings Fork Middle School every single school day, and we want to put heavy equipment trucks hauling equipment out to this field on this road already in disrepair, already narrow. I don't get it. Solar farms are not a bad thing. We're not opposed to solar, right? It's a great thing, but not for this area. The risk assessment that needs to be looked at is the likelihood and severity. The likelihood is low. I get that. But you're putting solar panels, you're putting inverters, you're putting metal out into a field in an area that already has high wind, dry vegetation. There are multiple instances of solar farm fires in this country alone. Hill County, Texas, February 2026. Boyle Heights, Los Angeles, California, June 2026. Pittsfield, Maine, July 2026. New York, July 2026. New York again, 2023. That one in 23 took four days to extinguish. Thermal runaway is a very real thing in a class delta fire. That's when metal catches on fire. Inverters, copper, magnesium, things like that. Four days. When you think about thermal runaway, you think about EV cars, a Tesla, right? A small Tesla car. When it catches on fire, it requires roughly 20,000 to 40,000 gallons of water to extinguish. Your average pump truck from your fire department carries 500 to 1,000 gallons of water. So how many fire trucks do you think it's going to take to extinguish something this size if or when it catches on fire? The devastation from that, the catastrophic effects, not only on the vegetation, the agriculture, the homes, the families, the children, the cats and dogs, everything in this area, it's irreparable. Again, we're not opposed to solar. We're not opposed to growth. This is a fantastic project. Sounds like a great company doing great work, but not for this area. Thank you.

Next speaker, please, to speak in opposition. We've got about two minutes.

Good evening and thank you for allowing me to speak. My name is Stacia Lupien and I live at 3405 Archers Mill Road for the last 26 years. My home is two tenths away from the proposed Old Myrtle solar farm. I also have never received any paperwork about this. I hope, I know that on June 16th the Suffolk Commission denied it and I hope that you will do the same. I oppose the solar farm because I believe the size, location, and potential impact are not appropriate for the area next to my home. First, I believe the size and scope of this project are not appropriate for the small country road that would be required to accommodate it. I travel on this road every day and I am very familiar with its current condition, traffic patterns, and limitations. It was not designed to handle a significant increase in traffic. Large trucks and heavy equipment using a narrow rural road could create dangerous conditions. I am concerned about the impact on the residents who depend on this road every day. Second, I have serious concern about the environmental impact of the proposed solar farm. This is a rural area. It provides more than just an attractive view. It is part of an existing ecosystem. One of my biggest concerns is the stormwater and drainage. When vegetation is removed and large areas are covered with panels, roads, gravel, and other infrastructure, The way the rainwater moves across the property can change. There is already an existing problem with flooding on the corner of Archer's Mill and Old Myrtle. Lastly, Suffolk is known for its rural character, agricultural heritage, and extensive farmland. This proposed Suffolk solar farm will completely change the landscape, and I am concerned about the loss of the rural character of the area. In the last two years, Suffolk has lost almost 700 acres of farmland within just five miles of my home due to the building of warehouses and solar farms. Instead of Suffolk being known for farmland, it is now going to be known for its field of iron and concrete. Farmland lost today is farmland lost forever. I thank you for your time, and I respectfully ask that you take my concerns seriously.

Do we have a five-minute period for rebuttal? Do we have anyone who would like to speak in rebuttal?

Thank you again for your time. I'll go through a couple of general points just to address some of the kind of general concerns to start with. So in the instance of fire, in the case of fire, I've heard that several times. I want to reiterate that fires on solar facilities are extremely rare. Also, there was talk of thermal runoff. That's really in reference to battery storage. There's no battery storage proposed in this project, and there's no risk of thermal runoff as part of a solar facility. Suffolk Fire and Rescue reviewed the proposed plans. Suffolk Fire and Rescue is very familiar with the several existing solar facilities in the city of Suffolk. They recommended approval of the plans and had no concerns with the designs. Kings Fork Fire Station would be the first responding station to this project. It's about six miles away. Windsor Volunteer Fire Department in Isle of Wight could also function as a secondary responding department, and they're about four and a half miles away. As a matter of fact, a tractor actually caught on fire on the parcel last year during farming operations, and there was a response in less than 10 minutes. Okay. on top of that we are actually proposing a self-imposed condition which will be in the siting agreement that will be in front of the city council if this project is approved that will require us to create an emergency response plan in cooperation with Suffolk Fire and Rescue as well as offer training for any responding emergency responders or fire personnel there was also a lot of discussion about runoff and erosion and wetlands just want to clarify that Where this project is proposed is on existing agricultural land that has a very well-established drainage system. We are also proposing an enhanced stormwater and erosion control plan. That plan was reviewed. It was reviewed by staff. It was reviewed by engineering and public works and approved as part of this. We are complying with the DEQ's new standards for stormwater and erosion control for solar facilities. They're considered completely impervious in their design, which is new compared to some of the older projects that have been built in the city. I will talk briefly about the road as well. Certainly I've heard those concerns a few times as well. So I'll start by saying that Public Works has reviewed the project, and they have voiced zero concerns with the proposed use of the road based on their experience with existing solar facilities in the cities. this stretch of old myrtle road is routinely used for agricultural and logging operations this project as mentioned by staff during their presentation would have a minimal construction period where there will be some traffic during construction the total construction period would be about eight months the actual period of construction that would involve any sort of traffic would be less than four months once the project is operational there is zero traffic to to the project it's it's remotely monitored 24 7. we also in addition to this, are also proposing a self-imposed condition that will also be a part of the siting agreement, where we will be required to complete a full road survey prior to site plan approval, to survey the full condition of the proposed route for any delivery traffic, and any damage to the road, any issues with the road, it'll just be the responsibility of the developer to repair the roads. That's something that we're happy to agree to. You know, I think it is really important to reiterate how far away this project is from residences along Old Myrtle Road. You know, I said it when I first came up, but, you know, the closest residences are 2,000 feet away from the project. The majority of residences are over 3,000 feet away from the project. For sound, you know, the inverters, they're the only parts of the project that actually make any noise, and, you know, they're three-quarters of a mile away from any residences along Old Myrtle Road, and they're are a few residences to the west of the train tracks. There's train tracks between them with lots of vegetated buffer as well as a setback. There was some mention of endangered species on the site. We did perform a full environmental impact analysis that was part of our application. There are no listed endangered species on the site. You know, prior to the start of construction, we will do a full consultation with the state DNR as well as the U.S. Fish and Wildlife Service to confirm that there's no possible impacts to any endangered species in the area. There are existing ponds on site, and there will be, you know, hundreds of acres of existing timberland that's been regrowing back from being cleared that will be maintained, you know, as part of the Perry family property. There was also a mention about the concerns about the soil and how that will hold up. We will be doing a full geotechnical study to ensure that the soil can be built in the soil in this project that's required for every solar project. I will also clarify our community meeting was held in February. I mentioned Councilman Johnson was there. We did send letters and made phone calls to every single neighboring PARCEL PROPERTY OWNER AND ADJACENT PROPERTY OWNER OF THE PROJECT. WE MAILED AN INITIAL LETTER. WE MADE PHONE CALLS AND THEN WE SENT A FOLLOW-UP LETTER TO ANYONE THAT DID NOT ATTEND. WE HAD ONE FAMILY THAT ATTENDED. THEY LEFT SATISFIED WITH THE PROJECT. AFTER THAT, WE FELT LIKE WE DID NOT NEED TO DO ADDITIONAL OUTREACH AS WE HAD NOT HAD MUCH COMMENT FROM THE COMMUNITY, INCLUDING AT THE PLANNING COMMISSION WHERE MR. ROGERS DID GIVE COMMENTS BUT WE DID NOT REALLY GET ANY OTHER COMMENTS. A lot of these comments are the first that I've heard about the project, so we're happy to continue to work with any concerned neighbors to alleviate their concerns and talk about the project. Our whole team is here to answer any questions, if there are any. We have our whole team, so I appreciate the time. Thank you.

That concludes our time. This public hearing is now closed. Council, an ordinance has been presented for your consideration. What is your pleasure? Questions, comments, or a motion? Council Member Johnson.

All right, I'll start. Ms. Barlow and myself, Councilwoman Barlow, who couldn't be here this evening, visited the site. Actually, we visited it several times to make sure that this was what we thought it was going to be and how it was going to go forward. I want to make it clear to the public and the Perry family knows this and Mr. Cousins knows it as well. We're not real advocates for solar from my perspective, but the world has changed around us. We have gone to a great deal of time in this city and with our staff to put forth solar policy that could work. or what we view as being most attractive to the city of Suffolk and things that we could possibly live with. And even with that being said, we're not always happy about it. More than not, we tend to say no. But there comes a time and a place where the governor has already ruled that in the state of Virginia, we are going to have solar. We can set all the restrictions on it we want, and we can do the very best we can for our citizens, which is what we intend to continue to do. But with the restrictions and everything that we put in place at this time, of all the solar plans that have been presented to us to this point, this one kind of does what we ask it to do. So it puts us in a really difficult position. Whether I agree with it or don't agree with it, that's irrelevant. But what we've asked these solar people to do is to give us a plan that would work. I've got a couple of questions for us. I'm going to be probably the biggest long-winded person up here tonight. I'm sorry, guys. But, Kevin, one second. Can you answer one question for me, please? I want to talk about the holding ponds and the flooding and the fact that are we going to – From what I can see from this land, we do have some low areas on the land, but at no place do we require them to put in holding ponds, correct? Drainage, poor drainage, that kind of thing.

Based upon what has been submitted, there are no stormwater facilities shown on the site. The site is very large in scale. has an ability to hold any potential runoff on-site, pre-development versus post-development.

Say that one minute. The CEP that's going to be required with this project, if it's approved, does not allow the project to move anywhere except where they have presented it, correct?

Correct. When a conditional use permit is approved in the city, we... as part of the approving ordinance stipulate substantial compliance with the exhibit they provide. So any development on the site would be in substantial conformance with what has been provided.

And at any time during the development of the site, if there is a noise issue, or there is an issue from the public that would be dealt with before it continues to go forward, correct?

Yeah. We have evaluated the noise study that they provided. They've demonstrated where those inverters are. That's where the noise will be. We're hopeful that there will not be any noise concerns, but provided that there are, we do have a responsibility to enforce our development standards within the UDO for zoning compliance.

Okay. Some of the questions that I had that people have asked me at the time, because the concern is that these people that are living there now, from what I can see from the whole thing, tell me if I'm wrong, nobody's even hardly going to be aware that this solar farm is there from the road and from the homes that are existing now, correct?

That was one of our initial part of our analysis of it. It's a very large track, and it's very isolated from existing residential structures.

Okay, and it was moved to an area of the track that it would be just that, it would be part of the track. All right. Thank you, Kevin. I'm not quite finished, but I'm going to be in a minute, and I'll let others talk. It puts me in a unique position. I've been friends with the Perry family for my whole life, as have most of you. We've all been part of this community. Mr. Perry, before he died, wanted to make sure that his family was able to maintain the property that he had and make it move forward into the future. Part of his plan was to put in a solar facility because of the amount of money it would generate. I have a hard time dismissing that because if One thing we want as a city and what I want as an agriculturally-minded person in this city, I want my agricultural areas to be able to exist. Farmers are struggling today in a lot of respects as far as how to make the farms work. So what this family has done is taken a section of their farm and turned it into a moneymaker cash cow, you might say, so that they can continue to move forward with it. Again, I do not like solar. I want farmland. I mean, the farmland is what our children are going to hope. I hope that we are able to leave for our children. But I have a hard time dismissing the fact that we've created this monster, if you want to call it, for people to develop. And this family has taken advantage of that because it works for their scenario. They've been conscious of moving it to an area of the farm that it's really not... As long as it's done appropriately, it's not going to affect the community that much. It'll affect those of us that farm the land. It'll affect those of us that don't like solar because we know that the agriculture community itself is much better with not having... Well, it could be better with solar ordered if we did it in a better way. Maybe this is the start of a better way. I don't know. I'm just... I have a real concern with the burial site. I do feel for this family, and I would like to make sure that that is taken care of to the point that people have easy access to it in and out. And I'm sure it's secured in some way, correct? Speak to that, please.

So that is correct. We will guarantee permanent access whenever needed. There will be full access to that. It would actually be greatly improved, that cemetery site. It's kind of just in the middle of a farm field right now. The state has a lot of requirements when it comes to new development around a burial site. And we have done this lots of times in the past. This is the first that I've heard of those concerns. I know it's the first that our landowners have heard of those concerns as well. We will be more than happy to meet with those loved ones and those concerned to make sure that it is done in the right way with nice fencing, benches, You know, anything that would make them feel more comfortable with that because, yeah, there are a lot of requirements and setback requirements with the state to make sure that it's fully accessible. Just wanted to clarify that.

Okay. Thank you. I'm trying to tell you why I'm going to have to be the one to say I think this is appropriate. It's not appropriate because I like it. It's appropriate because every once in a while, it's kind of like this is the right thing to do because of the conditions that we put forward as a city. I agree with all of you that are opposed to solar. I'll be honest with you. I wouldn't put solar on my farm. I don't want to look at it. But as far as what it's going to bring to the world in the future, I think we all need to be looking at a new way of dealing with these things. And hopefully that's why you're putting people up here on city council so that we can look at those new ways to deal with it. This one's got me in a tough spot. And I can speak for my cohort over here, Ms. Barlow, in the same way. She felt the same as I did. We neither one wanted, but we both felt like the criteria that we put out, these folks went out of their way to meet that criteria and put this solar farm in such a way that It's not sitting next to a church. It's not sitting in a neighborhood. It's not sitting in your backyard. And as much as it's going to affect the wildlife somewhat, it's not going to affect them much because of the way this area is. There's so much more around it. A lot of farmers' wives are going to be ticked at me. I know it. They've already told me. But in good conscience, I can't do anything but offer my approval of this for us to let it go forward. So with that, I'd like to make a motion that we accept it and then open it up to council to talk. I'm sorry. Thank you.

Okay, we got a motion for approval from Council Member Johnson. Any other questions, comments, or a second? Quiet out there. Council Member Bennett.

I'm going to just make a comment, not second the motion, but I would like to say that... I saw the room just about full of people tonight that was here in opposition and had concerns about the neighborhood and concerns and whatnot. So I have always said I try to listen to the people that is being affected and what's best for our people. So with that, I thank you all for showing up, showing me that you're interested in your concerns, and I did listen. I'll say that. I'm not second to motion. I just wanted to make that comment.

We got a second from Council Member Bennett. Any other? Oh, you did not second it. No second. Sorry about that. Okay. Questions, comments, or motion? Council Member Williams.

Yes. Thank you, Mayor. I appreciate everyone coming out tonight, both in support and and those of you who oppose this project. It means a lot to us up here, council, to hear your concerns, and we're listening. I do have some concerns with the February 24th meeting. I'm not sure, if you could come up, please. You indicated that you reached out to the neighboring residents. How did you do that?

So we started with mailers, with using the address that are on the tax parcels. We then looked up, as best as we could, white pages, any way we could get a telephone number for all of the neighboring residences. We made lots of phone calls. We did speak to lots of people. We spoke to people that didn't come to the meeting that said they weren't really interested in attending. Following that meeting, we sent another batch of letters to everyone that did not attend the meeting, inviting them to, you know, that we were happy to continue to meet with them and discuss. As I mentioned, there was one family that came. And, you know, we did speak to several neighbors that declined to attend the meeting. And we have, you know, continued to reach out to those that have that did come and voice their concerns at the Planning Commission where offers to meet and discuss the project with them have been declined as well. We're in Richmond. I've been here a whole lot working on this project for the past year. I've always been open and happy to meet and discuss this project. Certainly, I'm always happy to be open about it. So, yes, sir.

Okay.

Thank you for that. Mayor, I'd like to make a substitute motion. And I'd like to recommend denial based on the overwhelming attendance of those people in opposition here. I'm not really sure what happened with the communication as it related to the first meeting. And in my opinion, If there was only one family there, I probably would have had multiple meetings. And we are firm believers up here that we want the public to be aware of what's going on. We advocate that anyone come before us, you meet with the public. You meet with the people in the area that this will impact. And just based on what I've seen tonight, I have to recommend denial.

So my motion is for denial. We've got a motion. We've got a substitute motion because we didn't have the first motion. It was never seconded. That's what you're getting ready to say, wasn't it? Gotcha. Okay. So we have a motion on the floor for denial. Do we have a second or other comments? Council Member Wright.

Yes, sir, Mayor. So I'm having a hard time here as well. Initially, when hearing from the landowners and the families, It sounds like there is a concerted effort to, one, honor the wish of your loved one, also still be able to maintain the farmland. And I do honor that because oftentimes when the... Elders of the family die off in his farmland the younger generation does not want it And so this was a way for you to try to figure out how to salvage it and still ensure Money comes in and revenue comes in for your household But one thing that I take very seriously is Not just having a meeting But ensuring, if you have to go door to door, ensuring every impacted resident has an opportunity to respond and engage. And what I have witnessed here today is an overwhelming response of opposition. And I think had there been more dedication, TO KNOCKING ON DOORS AND BETTER UNDERSTANDING WHAT THE RESIDENTS, HOW THE RESIDENTS FEEL ABOUT THINGS, YOU PROBABLY MAY HAVE HAD A SLIGHTLY DIFFERENT OUTCOME. BUT I CANNOT IN GOOD CONSCIENCE VOTE YES ON THIS PROJECT. AND SO I'M GOING TO SECOND THE OR I'M GOING TO, YES, SECOND THE MOTION FOR DENIAL FOR THIS PROJECT.

for the motion to deny. Do we have any other comments, questions? Councilmember Bennett, did you want to speak?

No, I was going to second the motion, but she did already.

Okay, so he did. Okay, any other comments? If not, I'd like to ask a few questions. I had a couple of concerns. One of them was the battery storage issue. And I think you've addressed that. There is not going to be any battery storage. Is that part of the conditions, or how are we going to ensure that that's the case?

That's correct. There is no battery storage proposed as by right or at all for the project, and we will be adding it as a condition to the project.

That will be added. Yes, that's correct. Since that has been a concern, I did get a call and a couple questions in regards to fire suppression since there is not city service to that area. One thing I was not paying attention to, unfortunately, was the family cemetery plot. And without doing anything extra, is there, I mean, obviously an easement granted to the family or whoever. I mean, is that codified in your applications? And exactly how has that been addressed to this point?

That's right. There is a permanent access that's guaranteed that is not, you know, fenced. There will be no lock or gate or fence for that access. Okay. So it's virtually accessible 24-7? As it currently is accessible, it will continue to be accessible, yes.

Okay. Thank you. You've answered those two questions. For me, I mean, we do have a solar ordinance on the books. And my two concerns were the accessibility of the cemetery plat to ensure that that family's always gonna have access without an issue and it's not gonna be detrimental. The location, I mean, it's, the homes are separated a considerable distance. I mean, solar facilities are very unique in that one end of the road, they're totally unacceptable, and another end of the road, they could be fine, depending on whether they're visible to anyone. We have, to Councilman Johnson's point, through our experiences riding a rough road sometimes, we have learned over the months what the issues have been, and we have made a concerted effort in amending our ordinances, not only in regards to solar, but solar and warehousing in particular, because solar and its onset kind of caught everybody with their shorts down because we didn't have much on the books and neither did anyone else until solar became a thing five or six years ago. and the proliferation of solar, the incentivizing of solar, the recognition that it is an alternative energy source. So I think we've addressed this in this particular solar. I voted against solar, I voted for solar. This one is off the beaten path. The site issue is not a problem. The noise issue since we figured out it's best to put inverters in the center of the site and where we thought we had a noise ordinance that would address any excessive noise. That noise ordinance we had on the books was strictly related to decibels, and the sound that's being emitted by the inverters It's not very loud per se, but it's aggravating, kind of like a humming in your ears. So I think we've addressed that also. So I'm not sure any of these would really be easy. But saying that, I think I can support it under the conditions that they are there. I feel like you've made a concerted effort to engage the community. You may not have gotten everyone, but being in business, as long as I've been in business and having things sent to individuals, even certified mail and what have you, a lot of them don't get picked up for whatever reason. I think another thing we have to remember, to Council Member Williams' point, citizen engagement is important, and I think anyone who does business in our city or has business an issue to bring before us needs, I think most folks understand that by now because it becomes a fairly serious consideration for this council. However, it's not required that you do that. There is no check-off block on the application where it says citizen engagement. You have to talk about roads, you have to talk about impact, you have to talk about in the environment. You have to talk about schools. You have to talk about traffic. And you have to address every one of those blocks. But sitting and seeing engagement is not a block that has to be checked. However, it is a concern when people get ready to make up their minds as to how they're going to vote. So with that being said, I am going to support it. But we have, at this time, we have a motion for denial that was made by Councilman Williams, seconded by Council, by Ebony. Do we have any other discussion of the motion? Hearing none, Councilmembers, prepare to vote. And I'll remind you, a yes vote is a no vote. So if you're voting yes, you're voting for denial. So with that being said, council members prepare to vote. Please cast your vote. Madam Clerk, please record the vote.

The motion is approved by a vote of four to two with Mayor Duman and Council Member Johnson voting in opposition.

Okay, we'll now be moving to our next public hearing, which is ordinance to repeal section 31-415, the next section 31-415.1, and amend appendix B13 of the Unified Development Ordinance of the City of Suffolk, Virginia. This is OTA 202609. And we'll just take just a brief minute, let everybody clear before we move forward. I will go ahead and proceed. Mr. Manager, please provide an overview of the item.

Mayor, Vice Mayor, members of Council, Meg Pittenger, Assistant Director of Planning, will provide the presentation.

Thank you, Mr. Manager. Good evening, Mr. Mayor, members of Council. I'm here before you tonight to discuss some updates to our Chesapeake Bay preservation regulations. I'm going to start by giving you a little bit of background information about the Chesapeake Bay Preservation Act, and then I'll walk through Why we're having to do some updates and what those updates to the regulations are So as you are probably aware our ability to regulate the Chesapeake Bay Act comes from the Virginia General Assembly as many of our laws do the enabling legislation was in the form of the Chesapeake Bay Preservation Act also known as the Bay Act and that was enacted by the Virginia General Assembly in 1988. And it essentially is a comprehensive enforceable non-point source pollution prevention program. The idea is to keep pollution in forms of contaminants, but also sediment from the bay. When this was enacted, the bay was quite impaired, and you can see that the Chesapeake Bay watershed runs all the way from New York through Pennsylvania, Maryland, Delaware, parts of West Virginia, Delaware, and then parts of Virginia into Suffolk. So the Code of Virginia 9VAC 25, 830, 140 is the development criteria for resource protection areas. And it limits land development within the RPA to the following uses and facilities. So there are some permitted uses, water-dependent uses, which are those uses that have to be next to the water. redevelopment, development, or redevelopment within the intensely developed area. That's an area that was designated by city council when the program was enacted that was already fully developed and had no reasonable buffer left. And principal structures on lots that were recorded prior to October 1st, 1989, which is the enactment of our Bay Act regulations. There are some permitted buffer encroachments, which are road or driveway crossings, regional flood control or stormwater management facilities. There are some buffer modifications that are permitted. All of these things require permission from the city. You can't just go do them. They all require permission from the city. But you can do some general woodlot management to provide for sight lines and reasonable vistas doesn't mean you can clear everything But you can do some sight lines You can remove dead or design trees or shrubbery noxious weeds acts and you can provide access paths and shoreline erosion projects there are some exemptions for agricultural and civil culture that's forestry and water wells, passive recreation facilities such as boardwalks, trails, and pathways, historic preservation, archeological activities, public roads, public utilities, and railroads. And the resource protection area is that area that includes the tidal wetlands, non-tidal wetlands, things that are connected by surface flow, perennial streams, and in Suffolk in particular, drinking water reservoirs. And it's that, I was about to say 1,000 feet, that would be amazing, 100-foot buffer from the edge of the water of those facilities. So the buffer benefits us by reducing runoff, preventing erosion, filtering non-point source pollution. That's why that vegetated buffer and not just having it be blank ground is so important because that protects that buffer area, that stream from the contaminants from going into the streams and waterways. So within the locally designated Chesapeake Bay preservation areas, important to note that these areas are locally designated, that the Bay Act limits activities and is most restrictive within those areas closest to the most environmentally sensitive areas, those waterways. During the pre-planning phases of the project, land disturbance and impervious surfaces are required to be minimized and existing vegetation preserved. So the regulatory jurisdictions, which are legally codified, are a little complicated. Starting out in the water, you have Virginia. So you have federal, state, and local responsibilities in these areas. The Army Corps of Engineers, their regulation authority extends from the water into the tidal wetland, into the non-tidal wetlands. On a state level, you have the Virginia Marine Resources Commission, the VMRC, that again deals with the waterways. As you move inland, you've got the local wetlands board in that tidal wetlands, that kind of thin area there where it's tidal wetlands. And then you have the Virginia Department of Environmental Quality, DEQ, on the state level that deals with those tidal wetlands as well. And then you have what we're talking about, the Chesapeake Bay Act program, which is that 100-foot buffer adjacent to all of these. And that is what is covered by the Chesapeake Bay regulations. You can see on the right-hand side of the slide the area of Suffolk. You can see it's not the entire part of Suffolk. Some localities in Hampton Roads have their entire city. that drains into the Chesapeake Bay, but in Suffolk, only part of the city drains into the Nansman River, which then drains into the James, which drains into the Chesapeake Bay. The southern part of the city is not within the Chesapeake Bay watershed. So within the RPA, there are certain permitted uses. Again, these all are conditioned and require approval, but they are permitted. So new or expanded water-dependent uses. And again, those are those uses that have to be next to the water. Piers, boat ramps, obviously, things like that. Redevelopment of existing structures, as long as there's no increase in impervious cover, no further encroachment into the RPA. Principal structures and necessary utilities on pre-Bay Act lots, and those are defined as those that were recorded, were platted prior to October 1st, 1989. Lots platted after that are required to have buildable area sufficient to build a structure on it so there shouldn't be any encroachment into the buffer on those lots. Regional flood control and stormwater facilities that drain or treat multiple projects on multiple properties and fences. So there are two levels of permits that are in the RPA. Administrative waivers are those that are reviewed and approved by staff. So again, development of a new principal structure on pre-Bay Act lots provided that it is the minimum necessary to achieve a reasonable buildable area. So that means you don't get to build the biggest house that you can on the smallest lot that's there. It's the minimum necessary to achieve a reasonable buildable area. Mitigation, which is vegetation, so as you're disturbing the buffer, you have to plant. Plants go back in that area in accordance with the state buffer manual. And you can't encroach into the 50-foot seaward part of the buffer. The buffer is divided into the 50-foot landward, closer to the land, 50-foot seaward. You cannot encroach into the 50-foot seaward, only in the landward portion. EXPANSION OF EXISTING NONCONFORMING STRUCTURES, FENCES THAT MEET THEIR MINIMUM REQUIREMENTS. AGAIN, THESE ARE APPROVED BY STAFF. THERE'S NO PUBLIC HEARING INVOLVED IN THEM. AND IT IS CONTINGENT ON MEETING THOSE REQUIRED FINDINGS, MINIMUM NECESSARY, THINGS LIKE THAT, AND HAVING CONDITIONS THAT GO ALONG WITH THEM. So for things that are not permitted within the buffer, these are formal exceptions and have to go to the Planning Commission. Planning Commission is a designated approval authority in the ordinance for Chesapeake Bay exceptions. Any accessory structures? So again, the principal structure on pre-bay act lots can go administrative. But any accessory structures, decks, detached garages, pools, gazebos, patios, sheds, things like that, all those require Planning Commission action. And any encroachment into that 50-foot C word, that has to go to the Planning Commission. Staff can't approve that administratively. And these may be granted by Planning Commission. It does require public notice and public hearing. These do not come to City Council, though, after Planning Commission action. Have to meet the required findings again being the minimum necessary to afford relief and must include reasonable conditions Including that mitigation that's required and you can see on your screen there the required findings are contained in section 31-4 15.1 m1 of the updated ordinance So that's the program and the background. So there are some required changes due to state code changes that require us to update our local ordinance. These go back a little bit and I'll explain why we're here six years later. In 2020, the Virginia General Assembly passed regulations in Virginia code that required the State Water Control Board to develop criteria enabling local governments to encourage and promote coastal resilience and adaptation to sea level rise and climate change through their Bay Act programs by requiring resiliency assessment to be conducted to understand the impacts of climate change and sea level rise on any proposed land development within the RPAs based on the potential impacts. Also in 2020, the General Assembly passed requirements in the same state code section that required the Virginia Department of Environmental Quality to develop criteria enabling local governments to encourage and promote the preservation of mature trees and planting of trees as a water quality protection tool and as a means of providing other natural resource benefits through their Bay Act program. It took the state up until last year to release the guidance to the localities for us to be able to update our ordinance, and that's why we're here in 2026 with these proposed changes to be able to align with these changes to state code. So the things that are going to be required in the new ordinance are a coastal resiliency assessment, preservation of mature trees, and some new definitions that go along with these requirements, and I'm going to walk through what that looks like. So for any new application for any development in the RPA going forward after these regulations are adopted, a resiliency assessment will be required to be submitted. That resiliency assessment has to be based on models or forecasts that are developed by the Commonwealth. The two that are in place right now are the Virginia Flood Risk Information System, called VFRIS, and ADAPT-VA. And what has to be evaluated in that assessment is sea level rise using the 2017 NOAA Intermediate High Curve, which is one of the curves that NOAA has produced of where sea level rise will be in certain years. There's high, intermediate high, and then doing nothing. Storm surge, which is the NOAA SLOSH model, which looks at storm surge based on hurricanes, essentially. Then also flooding, which is in the VFRIZ model, based on the special flood hazard areas. You all remember we just updated our flood ordinance and our flood maps. They'll have to look also at the moderate wave action, which is where those waves come in. So in the assessment, what they need to look at is any potential impacts of the proposed development on buffer function. They'll have to identify any conditions that might be necessary to adapt to that sea level rise if it's there. if they can incorporate this into the water quality impact assessment that's required and then based on that assessment we as staff local government shall and as you know that's command as necessary and appropriate require conditions alterations or the installation of adaptation measures as part of the proposed land development the good thing about Suffolk is that Suffolk has a lot of elevation compared to some of our neighboring localities that have a lot less elevation. So sea level rise should be less of an impact in Suffolk but people will still have to do the analysis to make sure that there won't be any impact and if there is then they'll have to do some adaptation measures to go along with that. If there are adaptation measures that are needed, they have to be nature-based. So no building of storm wall and a revetment, a hardened structure, they have to be nature-based. Things that the state will accept into the BMP program, things like that, it has to maximize the preservation of existing vegetation, including mature trees, and you'll see that's going to be an emphasis on the next couple of slides. Minimize land disturbance and be designed to maintain accordance with specification and comply with everything else in the Bay Act. So one of the definitions that we'll be adding is adaptation measures, so again, so we know what that is, but again, it has to be a nature-based solution. The other big part of the changes to the regulations on the state side was the preservation of mature trees. So there are some definitions that were required to include in the ordinance for canopy tree, understory tree, and then mature tree for both of those categories of trees based on the size. And there's some required ordinance language that has to be included in the updated ordinance talking about mature trees needing to be individually identified on the plan. And again, you'll see that mature tree is based on the size, that they have to be protected during development and only remove where necessary. They can be removed if a proposed use is encroaching into that area and it's necessary. that they should be pruned or trimmed rather than being removed when necessary, and that demonstration that when planting of new trees is required that native species will be used to the greatest extent possible. SO NOW I'M GOING TO WALK THROUGH WHAT THE PROPOSED AMENDMENTS ARE TO OUR ORDINANCE. SO THE STATE PRODUCED A MODEL ORDINANCE. AND SO WE, RATHER THAN TRYING TO ADAPT OUR ORDINANCE TO THE STATE MODEL ORDINANCE, WE FELT THAT IT WAS MORE PRUDENT TO ADOPT THE MODEL ORDINANCE WITH OUR PROVISIONS IN IT. SO WE ARE PROPOSING, AND THIS WILL ALL BE ONE ACTION SO WE DON'T END UP WITHOUT CHESAPEAKE BAY REGULATION, REPEAL THE Chesapeake Bay regulations in their entirety section thirty one four fifteen and then adopt the proposed section thirty one dash four fifteen point one which follows the structure and requirements of the state model ordinance and includes the changes required by the changes in state code this also allowed we had to send the code to DQ to the state for them to review and approve before we brought it forward for public hearing so they have already done that they've reviewed it they've approved what changes we've made and allowed us to move forward. As we were looking at the Chesapeake Bay regulations, we also realized that in Appendix B13, which is the environmental documentation that's required with these applications, that there needed to be some small changes made to that as well. So we're proposing changes to that section in addition. So in the new section, 31415.1, we're proposing to add those required definitions for adaptation measures, canopy trees, mature tree, nature-based solution, and understory trees. Those are currently not defined in our ordinance because they weren't a thing before. Adding those requirements for protecting and preserving mature trees in the buffer areas, adding the requirement to submit the resiliency assessment in accordance with the requirements during the plan or project review, adding the requirements that native species are preferred for plantings within the buffer area, and then revise the requirements for replacement of trees and woody vegetation that have to be removed as part of the project in accordance with the state requirements. In addition, we're clarifying that shoreline erosion projects within the buffer areas must be consistent with the wetlands ordinance, which is a different section of city code, and the Virginia Marine Resources Commission, which regulates those, as you saw on that diagram, on the state level. Add standards for when the use of fill is proposed for adaptation measures. Ordinarily, in the buffer, you cannot fill areas. You can't just build a wall and level your backyard out if it's in the buffer. but if you're doing an adaptation measure that's needed for your project, the use of fill can be part of that, and so there are standards that are for that. You can't just dump a bunch of dirt. Specify that the requirements for the landscape plan, including the mitigation plan, is required to be submitted with the plan of development in Chesapeake Bay areas, but also provide an exemption from the Chesapeake Bay requirements for living shorelines that receive approval from VMRC or the Wetlands Board. The state over the past... 10 years or so has really emphasized and prioritized living shorelines as a solution along our coastlines. And so this is one of the things that goes along with that. As long as they get approval from VMRC or the Wetlands Board, that they would not have to incur any requirements on the Chesapeake Bay side. And then the last thing in 31.415.1 is to clarify that appeals of determinations or decisions made by Planning Commission regarding Chesapeake Bay areas be submitted by the agreed party to the Circuit Court. The current reference in our code is incorrect. And add a section enumerating penalties for violations of this section consistent with state code right now. There are not specific penalties It just defaults to you know, basically these are you know, Chesapeake Bay regulations are a zoning overlay So it just defaults to that so the state has created some existing some penalty structure in there if there are violations that that can be imposed and Then going into Appendix B13, we are proposing to remove outdated references to the Chesapeake Bay Local Assistance Department. That hasn't been a thing on the state level since the program got transferred from DCR to DEQ, so that doesn't even exist anymore. Adding the requirement to submit the resiliency assessment in accordance with 31415.1 , and then removing references to submitting a stormwater management plan, an erosion and sediment control plan, as part of these requirements because those are covered by other sections of city code under the stormwater regulation. So it was a duplication to have it here. So in sum, going back to, again, our recommendation and ask is that you vote to repeal the current Chesapeake Bay regulations in their entirety, adopt the new proposed regulations that follow the state model ordinance, and adopt the proposed amendments to Appendix B-13. Planning Commission, at their August meeting, voted 8-0 to approve a resolution recommending approval of this ordinance text amendment. And with that, I will stand by the conclusion of public hearing for any questions you may have.

Thank you, Ms. Pittenger. Before we open the public hearing, Madam Clerk, will you please explain the timing system?

This is a public hearing, and each speaker is asked to provide their name and their address. And we'll have three minutes to offer their comments.

This is a public hearing. Will the first speaker please come forward and provide their name and address.

Good evening, Council. My name is Kelly Hingler. I'm representing here today as myself and also as a nonprofit. Because of issues such as this, we have literally formed a nonprofit. It is Hampton Roads Preservation. It is a Virginia policy citizen-driven project. It meddles against the actual mission, purpose, and spirit. And yes, it is on file with the SEC. Go ahead and check it. Because the spirit of the Chesapeake Bay Preservation Act Literally healthy state and local economies and healthy Chesapeake Bay are integrally related. Balanced economic development and water quality protection are not mutually exclusive. I want to apologize for what I'm about to say. Most of what you just heard was unnecessary. Our city is here to uphold the entire area that is our growth area. is in the Chesapeake Bay watershed. I'm gonna let you sit with that for a second. Our entire growth area is in the Chesapeake Bay watershed. That is why you hear so much about it. The ADUs that are going to be coming up, I have people asking me, Kel, show me the tools. We have amazing tools that we didn't have before. LIDAR, through NOAA, USGS, the interactive maps. I'm not here to talk to you from analog land, y'all. I'm here to talk to you from the deep guts of the digital space. because everything that I am telling you right now exists in the digital space. Our staff should be educated on the digital space. So should our esteemed Planning District Commission. Oh yes, they did not include strengths, weaknesses, opportunities, and threats specific to Suffolk, specific to the Chesapeake Bay watershed, and neither did any of these maps in the comp plan. Neither did anything that the state said, do this. This excuse that we waited for the state to come forward with a model ordinance. Honey, you think I don't talk to the state myself for free to help out my community? We're fed up. By the way, the city of Suffolk, by delineation, lost its delineated jurisdictional territory as the largest city in Virginia when our union camp went over to become Great Dismal Swamp Federal. Start mathing the math correctly. That is a massive offset to our calculations within our city. We have the Great Dismal Swamp drainage, we have the Chowan Blackwater drainage, and we are mother home to all the water. Eastern Virginia Groundwater Management. Don't see anybody in here in those meetings. We know this crater. We know why they're popping the data that has been popping since 2018. It needs to be shown in the integrity of this work, and so I say to you without beleaguering your ears anymore tonight, Dear Virginia, dear Planning District Commission, dear legislators and council, your people have got this. The integrity of the city of Suffolk may not be here in this ordinance, but we will find it for you, we will fetch it for you, we will present it to you. And I say to you in that, that every decision that you make that is in the growth area be followed by, that's right, it's in the Chesapeake Bay watershed. It cannot take the intensity, the density, the footprint, the vertical piling, the digging in, the covering over, the beating up, because we're the ones with all the water. Yes, Norfolk and Virginia Beach, other than Lake Gaston. Yes, Chesapeake, other than your new river. Yes, Olivet County. Yes, Portsmouth and Norfolk, we are your national security unit. We are Suffolk. So we need a rollback on whatever this SEEDS is, C-E-D-S, SWOT, that's coming up for review. And if you don't know what it is, write it down, C-E-D-S-W-S-O-T. Because it does not represent Western Tidewater. It does not represent Suffolk. We are a diverse economy, a strong economy. And this here, this is the problem. A very real problem. You can get a consultant, $10,000 discretionary. I do not suggest myself. A $10,000 discretionary fund, hold a task force, look at your land, know Suffolk. Suffolk is very special. She deserves her own consultant. She deserves it now so that we know what we can do going forward for real.

I'm sorry, ma'am, that concludes your time.

I thank you very much for your time. We need a consultant. We need not to vote on this tonight. It is incomplete and incompatible to our city.

We have our next speaker, please. Do we have anyone else present who would like to speak to this ordinance? Hearing none, this public hearing is now closed. Council, questions, comments, or emotion? Council Member Bennett.

Yeah, I just had a question on the EPA. With the changes being made and the Wetlands Board, I spoke with one of the board members and it seemed to me there's some confusion with the relationship or communication between the bodies. So how is this going to have a foot effect? Is this going to have communication and information being passed on?

So there's a little bit of confusion with that particular member about where their authority begins and ends and some changes to state code that I want to say this politely, that he thinks of impact that gives the wetlands board authority over the Chesapeake Bay area that they don't have. And so we're actually going to meet with him tomorrow before their wetlands board meeting to walk through the changes to state code, which were things that the state has to do. It doesn't change our regulations to clarify that that does not change the wetlands board's authority. Because, again, is that very narrow? The tidal wetlands is what the wetlands board has authority for. Everything inland of that, that 100 feet, that is planning commission and staff that falls under the Chesapeake Bay. The wetlands board authority is only the tidal wetlands adjacent to that.

Okay. So all that information is going to be documented and put in so they're able to have it to go by?

Yes. Like I said, we're actually meeting with the chairman tomorrow before the planning commission meeting, before the wetlands board committee meeting. so that we can go through that with him and make that clear. Yes, sir. Thank you.

Council, questions, comments, or a motion? No ordinance out there. Council Member Rector? I have a motion to approve. I have a motion for approval from Council Member Rector. Council Member Johnson? I'll second. Second from Council Member Johnson. Is there any discussion of the motion? Hearing none, Council Members prepare to vote. Please cast your vote. Madam Clerk, please record the vote.

The motion is approved by a vote of six to zero.

Okay, our next public hearing is an ordinance to amend Section 31-406C, Section 31-701B-13, in Appendix A of the Unified Development Ordinance of the City of Suffolk, Virginia. This is OTA 2026-5, and this item was continued from our August 19, 2026 City Council meeting. Mr. Manager, please provide the overview.

Mayor, Vice Mayor, Mayor, members of Council, Kevin Wine, Director of Planning and Community Development will provide the presentation.

Thank you again, Mr. Manager, Mayor, members of Council. This is an item we have presented to you all a couple times at this point, including at your... Second meeting in August. So I'm going to try to be brief with some of the content and actually what the ordinance dwelling that is on the same property and or attached to an existing dwelling that is larger and more substantial. We can see these in a variety of ways. We traditionally see these detached in the city of Suffolk, but on occasion you'll see internal mother-in-law suites. It's a popular name for them. Attached to the dwelling you can see them above garages Interior to basements not much here in Hampton Roads, but still and then converted garages oftentimes can also serve They offer a place primarily in our experience here in the city of Suffolk for Younger families and or families entering middle age to live closer to their aging parents I think that's primarily been What we have seen with the conditional use permits that we've processed here However, they offer a variety of opportunities for young professionals as well young families particularly without kids a place to an affordable place to to live as they progress in their career. So the roles of ADUs in affordability, it's certainly not the silver bullet that will solve the affordability crisis that we see as it relates to housing, not just here, but nationwide. But it will allow for some incremental improvement Inventory to come online. I think in a controlled fashion Because they provide a modest sized housing product that is more attainable primarily for those Single workers young adults and middle-income families and seniors that I just discussed Another key Positive About ad use they bring folks to those already developed communities, often leading to closer proximity to jobs, schools, those commercial centers, and any and all available community resources, schools, libraries, things of that nature that they'd like to be close to. And due to their size limitations, they're generally more affordable to construct and maintain, and they are largely accessible. Done that is done by the property owner. These aren't pursued by developers for a variety of reasons Construction timelines on these are shorter as the development process is more streamlined primarily. There's not a subdivision that has to be created in order to Construct these so some important numbers specifically as it relates to the city of Suffolk we have seen over the last decade a pretty drastic change or shift in our household makeup. Specifically, that includes a 45% increase in single-person households over that time and a 60% increase, nearly 60% increase, in senior alone households. Additionally, another category where we have seen exponential growth is adults with roommates, also a household makeup that would lend itself to living in an accessory dwelling unit. So with that said, the average list price of a new construction single-family detached home in the city is approximately $535,000. That is straight from MLS data last week. The median sales price for single-family detached homes in 2025, $405,000. That's based off the real estate assessor data. Average multifamily rent in the city, once again coming from real estate assessor data, $1,760 a month. So these are some of the reasons we are pursuing this amendment and believe it would be a good idea to allow folks to pursue accessory dwelling units as a matter of right in the city, not just because the state is telling us and we're trying to get ahead of that. We believe it is certainly a component to the affordability goals that we outline within the comprehensive plan. So we have made some changes to our accessory dwelling unit ordinance over time, most recently back in 2017. That included allowing them by right in the ag district, the rural residential and the rural estate zoning districts. Since 1999, we've only seen 54 ADUs come online. So that's why we're saying this is an incremental approach. We don't believe that allowing these as a matter of rights will necessarily increase that number drastically, but it is a marathon. As it relates to our current regulations that we have on the book, less than 50% of the gross floor area of the principal dwelling unit and less than 1,000 feet. That is what they are limited to. So if you have a principal structure on the property that is 2,000 feet or more, 2,000 square feet or more, you're limited to 1,000 square feet. If it is less than that, then you're capped at what that 50% of the overall square footage of that primary structure is. In the event that you have a 1,500 square foot principal dwelling, at that point you would be limited to 750 square feet for that accessory dwelling. The purpose, it's clearly accessory. It must be connected to the principal dwelling unit's central water and septic or sewer system, and you only get one ADU per lot. So these are some of the items that the state code that comes into effect next July 1, 2027, has changed from a regulatory perspective for us. A lease term for the rental of an ADU would be 30, CONSECUTIVE DAYS ARE LONGER. THIS WOULD BE TO DISCOURAGE SHORT-TERM RENTALS WHICH ARE NOT PERMITTED IN THE CITY OF SUFFOLK. WE ARE ALLOWED TO LIMIT THE FLOOR AREA, LOT COVERAGE AND IMPROVISED AREA AND THOSE ARE SOME SHIFTS THAT WE ARE MAKING PARTICULARLY AS IT RELATES TO THAT IMPROVISED AREA AND THAT LOT COVERAGE. WE CAN REQUIRE OBVIOUSLY COMPLIANCE WITH BUILDING CODES, WATER, SEWER, SEPTIC, EMERGENCY ACCESS AND ALSO being respectful to the historic and architectural districts in the city. The ADU shall be no more than 500 feet from the primary dwelling. That would be new. And no ADUs on a residential lot shall have more than one dwelling unit. So these are some things that we would not be able to regulate specifically. We would not be able to require that the ADU have a greater setback than what's required for the primary dwelling based on the zoning district. We cannot have any restrictions for ADUs that are more restrictive than those for single family dwellings with regard to height, rear or side setbacks, lot size coverage, or building frontage, and a restricted covenant concerning an ADU. We could not require that. for a lot or parcel for residential use by single-family dwelling. We cannot require them to provide any improvements to public streets as a condition, and we would not be able to regulate any relationship be in place between the owner of the structure and the ADU itself. Currently, that is not the case, and we require that there be a relative relationship. However, as it relates to HOAs, and I know there's been some debate amongst council on this issue, nothing as it relates to state code would supersede any contracts in place between individuals or private entities, including HOAs. So while we can permit them at the city level, the RESIDENT WOULD STILL HAVE A RESPONSIBILITY IN THE EVENT THAT THEIR COVENANTS AND RESTRICTIONS REQUIRE THEM TO GET APPROVAL FROM THEIR HOMEOWNERS ASSOCIATION, SHOULD THAT BE A REQUIREMENT LIKE I NOTED. SO AS IT RELATES TO THE STATE CODE, I'VE TOUCHED ON A FEW OF THESE, BUT WE CANNOT PROHIBIT THE RENTING OF A RESIDENTIAL UNIT FOR A term of 30 consecutive days or longer. And any local restriction placed on residential dwelling that are leased for a term of 30 consecutive days or longer shall be reasonable and not exceed the requirements for an owner-occupied residential property. So here are some slight modifications we are making to what we have in the books as it relates to how we regulate these. Accessory dwelling unit shall comply with the minimum setback of the underlying zoning district that is in place today. And we're moving away from controlling the density of the ADU and the single family dwelling on the lot and moving that towards lot coverage. And I'm going to walk you all through what that looks like in practice and why it makes more sense. The occupancy of an accessory dwelling as it currently stands shall not exceed one person per 200 square feet of gross floor area. That's something that we are recommending to be revised, and that would shift to accessory dwelling units shall be comprised of no more than two bedrooms. Presently, any detached ADU in the ag rural area residential and RE zoning districts on lots less than one acre require a CUP. We would be shifting that to them being permitted by right in all districts, obviously. But in the ARR and RE zoning districts on lots greater than four acres, they shall not be located more than 400 feet away from the primary structure. That is to align with the state code And we would be removing the supplemental standard as it relates to zoning permit compliance on an annual basis. A new supplemental standard that we are proposing is that a detached accessory dwelling unit must obtain its certificate of appropriateness from the building official prior to the use as a dwelling unit. And we would also be moving towards any detached accessory dwelling unit shall have clear, maintained, and unobstructed means of ingress and egress to a public right of way. Presently, we do not allow accessory dwelling units to be utilized for rental purposes. And we would be shifting to the accessory dwelling unit shall not be offered for rental purposes for a period of 30 days or less. One change that stems from state code is we cannot require that parking for a detached accessory dwelling unit be located on the property of the principal structure in accordance with the standards established within the parking standards of the ordinance. Currently, we do require that the accessory dwelling unit provide one additional off-street parking space. will not allow us to require that should we modify the ordinance. However, we can require that in the event that the existing principal structure does not meet our minimum off-street parking requirements, which is two off-street parking spaces per single-family dwelling, that we can require that they bring that into compliance upon the construction of an accessory dwelling unit. So here's what this modification would look like in table form. This is our use table. You can see we're changing some Cs that require conditional use permit to Ps, meaning they'd be permitted by right. And here is our dimensional table out of the Unified Development Ordinance. We have a couple sections highlighted there. We have our minimum setbacks. on the side, on the rear. But the one I'm gonna walk you through here momentarily is related to that impervious surface ratio. Ultimately, that's gonna be a big factor in determining whether one could actually place a accessory dwelling unit on their property. So I'm gonna walk you through some examples here. The zoning in this example is RM. That's our residential medium zoning district. This district has a minimum side setback of 10 feet. Rear setback of 25 feet and a maximum impervious cover ratio of 0.4. So 40% of the overall lot area can be covered with impervious surface. So that's your footprint of the house, that's a shed if you have it there, a patio, a driveway. Those all cumulatively make up what we call impervious cover. So with that being said, the primary structure in this example is 650 square feet. And it you have an existing impervious ratio of 0.6. So 0.16. Excuse me So that'd be 16% of the overall Property so that would leave you with a buildable area of 30 by 100 for an accessory dwelling unit and based on the size of that primary home You could get in an accessory dwelling unit of 825 square feet Here is An example, with a larger primary dwelling, same zoning district, due to the size of that primary dwelling, you're left with very little area that can be utilized on the site because you're at 39% of total lot coverage already, meaning that they could only get in an accessory dwelling unit of 97.5 square feet, And that's just not feasible. One more example here. Once again, RM, we have an 1,800 square foot primary structure, an existing impervious cover of 25% of the lot. That leaves us with 900 square feet for an accessory dwelling unit max. And then I misspoke. One last slide here. This is, once again, RM. And there's an existing impervious cover ratio of 30% lot coverage there. With your primary structure at 1,552 square feet, leaves you with the largest ADU they could place at 625 square feet. So, I was not as brief as I had promised, I apologize. I wanted to stress the role of ADUs as it relates to reaching our pretty ambitious goals within the comprehensive plan as it relates to affordability. They play a role, certainly not the largest role, but it's something that we believe we can do that can start to generate the conversation more largely about our desires to increase housing affordability throughout the city. So with that said, the Planning Commission at their meeting On May 21st, 2026, by a vote of seven to zero, they have brought this to you with their recommendation of approval. And it is before you this evening for your discussion and consideration. So that concludes my presentation on this item. I'll be happy to stand by after the public hearings. Do you have any questions? Okay, thank you, Mr. Wine.

Madam Clerk, will you please explain the timing system? This is a public hearing, and each speaker is asked to provide their name. in their address and will have three minutes to offer their comments.

This is a public hearing. Will the first speaker please come forward and provide their name and address? Do we have anyone present who would like to speak to this ordinance? Hearing no additional speakers, this public hearing is now closed. Council, an ordinance has been presented for your consideration. Question, comments, or a motion? Council Member Rector?

Thank you, Mr. Mayor. Kevin, if you don't mind, can you get a few more steps in and pop back up to the podium? It looks like, based on some of the examples that you have shown, A lot of the newer neighborhoods with the smaller lot size due to the impervious ratio are going to have a hard time being able to stick an ADU on their property, given the fact that they're going to have to provide access to the street and then also with the impervious area. Would you agree with that?

I think that answer depends. The majority... The majority of new single-family subdivisions that are built in the city of Suffolk are built through our cluster design pattern, meaning that they can take advantage of smaller lots. With that, there's some flexibility as it relates to the impervious cover ratio that may not be in place for our more traditional conventional subdivisions. That being said, the sheer lot size, usually being 8,000 square feet or less, would make it pretty impractical for them to put an ADU there. May not necessarily be the case for some of our more traditional conventional subdivisions. Based on the zoning district, RM is pretty lenient, allowing up to that 40% lot coverage. But I'll finish with... Since 2000, our overall housing stock has increased by about 25%, meaning that 25% of our homes throughout the city being built after that time, strictly to meet stormwater standards, have an HOA. And in my experience, the majority of HOA documents, deeds and covenants, restrict this type of development.

So if I'm in one of those newer neighborhoods and the HOA has a prohibition about this, I could come to the city and you could approve my plans, but if I tried to build it, I would run afoul of the HOA and they could force me to not build it or tear it down, as it were.

Yeah, we as the city have an obligation to issue approval. However, that being said, there would be the disclaimer with any approval we issue on these that they consult with their HOA should they have one to ensure that they have their approval.

And most of the 59 ADUs that you cited that have been approved since 1999, almost all of those involve family members trying to incorporate a family, another family back onto the property. either an aging parent or, you know, maybe parents and children sort of flipping roles and the children taking over the big house and the aging parents moving into the ADU. Didn't we at one time have a requirement that the ADU had to be for a family member?

That is currently a requirement.

That explains that then, doesn't it? Thank you.

Okay, council. I'll go ahead and make a few comments before we go long. I have and always have, especially when I first heard of this amendment mandate coming down from Richmond had an issue with this. I have nothing against ADUs whatsoever. I think when we talk about ADUs, we like to talk about affordable housing at the same time. The only problem with that is there is no affordable housing component to ADUs. There's no requirement that they fill an affordable housing category, if you will. They're basically market rates. So whatever the market can stand, that's what to be charged for them. If they're up to 1,000 square feet, even if they're 800 square feet by our own code, it's 200 square feet per person. So that's four individuals. two bedrooms, one husband, wife, and two kids, maybe in bunk beds or something. Another thing we're not considering is whatever strain there would be, whatever effect it would be on traffic, whatever effect it would be on student generation. I mean, we've crushed whole communities over 30 kids. There's no limit. If we pass this like it is, they can go anywhere. They still have to meet our code, but they go into every zoning designation. This will inordinately affect the older neighborhoods more than it does the new ones. Most of the newer neighborhoods that were built within the last 20 years or so have an HOA, and the HOA will trump the state mandate, so they don't have to worry about it. We have some larger neighborhoods, older neighborhoods, and older neighborhoods normally have bigger lots because they weren't doing what you're doing now. Most of the older neighborhoods have 15,000 plus square feet. So Riverview, for example, probably every house in that neighborhood could qualify for ADU up to, well, 1,000 square feet. Most of those houses are in the 2,000 square feet and larger category downtown the same way you're going to have you have smaller lots but there's not going to be anything there that controls or would have a control if if we're if we have to amend the adu and i'm not sure that we do and that was another one when we first talked about it it seemed like okay, that's the end of the world. We have to comply. Let's make something happen. And now we can read in it with a couple of the, and it may be somewhat nebulous, but it says if you have something into effect, you just have to kind of adhere to the intent maybe. And I could ask the city attorney to, talk about that a little bit more, but it does look like there's some leeway there for us to take our time if we don't do anything else. If we want to create, if all we're going to do is do ADUs so we can have more housing, then just approve some more housing developments. At least you can choose where they're going, what they're going to look like, what the impacts are to traffic, what the impacts are to student generation when we're doing that. There's just so much in here that I just think is gonna come back and just the same way with the rentals. It says when they're new, somebody has to live in one of them. So you could buy a lot, put up a big house and a little house, which ain't hard to do. Buy a lot, do a 2,000 square foot house and a 1,000 square foot house if we go buy this. I believe the original applicant, and you correct me if I'm wrong, the original applicant would have to live on the property. But when the original applicant moves, that requirement's not there. Is that sound right, Kevin? Then at that time, you have two pieces of rental property without an owner on them. Is that correct? Yes. So now we've created two pieces of rental property on one lot. If I purchased a house on a, 10 years ago, if I purchased a house in a residential neighborhood, I expected to have one house next to me on my left, one on my right, one across the street, not two over here, two over here, and two across the street, with no consideration of traffic, no consideration of on-street parking, no consideration of student generations. I just think we're moving way too fast and in a big hurry to make some changes that, number one, I don't think we may have to at all, and number two, we would have at least a July 1st of 27 to do that. Another question I have is if there are older neighborhoods with HOAs that are not strong enough to prevent that, does not doing anything at this time, if they can amend the bylaws in their current HOA to preclude this, would that be possible? I'm going to go ahead and ask the city attorney that. Is that, you know, they got an HOA, you know, or is it yet to be seen?

I don't know. I don't practice HOA law, and I never have, so I don't know what the rules are, what the rules are. what the limitations are on changing covenants after the covenants have been first recorded. I think it's possible to change covenants. How much you can change it, what the process is, I can't answer that.

That's my question. We get a lot of unanswered questions. And we have one of the best ADU ordinances, I think, on the books right now. We tweaked it up about two or three years ago to allow for, I remember one time there were only kind of, The only administrative approval was in the agricultural zone districts. That's it. Everything had to come before city council, every single one of them. And we said, well, this is kind of silly. Let's go ahead. And I think we added agriculture, RERR, and maybe RL categories where they could be approved administratively. And then we went a little further out, which the ones that could be approved by coming to council. We left out the very smaller lots, the lower designations. We required that they couldn't be rented. Now, my way of thinking is it's one of the things we may have to change is that you can rent them. I don't know. But I think we're moving way too fast. I'm not going to support anything now. There's no need to. We need to get some answers. We need to find out really what our options are. We need to make sure that we're just not, it's just in some knee-jerk reaction to some whatever that was sent down from Richmond after we spent all this time going through and coming up with a good ADU. And I think it's going to affect a lot of the older neighborhoods, the folks downtown. They're the ones that aren't going to have any protection because of the HOAs. So with that, I mean, I don't know. I can't make a motion, but I would suggest that we just table it indefinitely until we find out exactly what we're doing. And there's also a case that if we do amend it, to what extent would that weaken any grandfather status that we have under subsection 1? It says if you have something in place. So if we change a bit of it, does that go away? I don't know. There's a lot of unanswered questions. Like I said, I'm not going to support changing anything tonight, period, until we get it figured out. Council Member Wright.

So I'm not opposed to getting more information, but I think what I do have some reservations about is we had a discussion about this several months ago. And the point of that was for us to hold off and get more information. I do not want to keep kicking the can down the road and we not have some type of phased approach at when we're going to get the additional information. and when we plan to implement this. Because if we just keep kicking it down the road without some type of plan, phased approach to get the information and decision points and milestones, then July is going to come and it's just going to roll out and we've just wasted time and have no added value. SO IF WE NEED ADDITIONAL INFORMATION, I SUGGEST WE COME UP WITH SOME TYPE OF TIMELINE, A REASONABLE TIMELINE, REASONABLE EXPECTATIONS SO THAT WHEN THIS COMES UP AGAIN, WE'RE NOT JUST KICKING IT DOWN THE ROAD AGAIN.

I'D SAY IF WE'RE GOING TO TABLE IT, IT NEEDS TO BE TABLED FOR What is this? September. Probably to at least February, because it'll take at least that much time for homeowners associations to amend their bylaws. We also need to get a clear understanding of what we're looking for in regards to what effect is it going to have on traffic student generation, where we can put it. And to be honest with you, you know, the July 1st thing, I mean, they say to do it, but it says right in here, if you got something on the books, I mean, there's no... I think if we did nothing July 1st, you can sit here and wait for somebody to squeak about something, because we do have an ADE ordinance on the books. There's not a mandate that the whole world's going to come to an end on July 1st. You know, even by their code, it says... The very last thing, nothing in this section shall be construed to restrict your locality's passage prior to July 1st, 2027 of an ADU amendments or subsequent amendment thereof that substantially complies with requirements of the section. So we can get some information on it. And then it's a matter of defining what substantially complies with the requirements. I don't know. That's legal stuff for me. Everybody's got their own opinion. So, I mean, we can table it to February or even March, and that gives you April, May, June to the 1st of July to actually make a change in enough time to get this information to us. Go ahead. Yeah. That's what I'm remembering.

or something a little more specific. So February is quite some time from now. I think within the next 30 days, we should figure out what it is exactly, the type of information we're looking for. We need to come up with some type of communication plan, because even if we get the information, how are we going to socialize it? We need to figure out how we're going to socialize it to the communities with HOAs, without HOAs, so that they have an opportunity to do what they need to do as well. So February is fine, but we should probably PASK OR REQUEST THAT SOMEONE PUT TOGETHER A PLAN OF WHAT IT IS WE NEED TO HAVE BY FEBRUARY OR THAT WE DESIRE TO HAVE BY FEBRUARY AND A PLAN TO COMMUNICATE IT TO THE MASSES SO THAT WE CAN, IF WE'RE GOING TO KEEP, AGAIN, IF WE'RE GOING TO KEEP DELAYING IT, WE GET THE MOST ADDED VALUE FROM THE DELAY.

I THINK THE FIRST THING WE NEED TO DO IF WE'RE GOING TO DO ALL THAT IS HAVE THE CITY ATTORNEY bring back to us what he feels like we have to do. Are we going to be required to amend our existing ADU ordinance to comply with 15-2, blah, blah, blah, yes or no? Does amending the ordinance create any possibility that the city could lose or weaken any of its grandfathered status? Assuming Suffolk chooses to conform. What's the maximum regulatory authority we can legally retain? Concerning parking lot coverage impervious service all the stuff we're talking about stormwater Wall Street, how much how much of the existing ordinance can we retain? There's no need to ask If we don't feel like we have to change it everybody's okay with it that we don't need to worry about it is what I'm saying. So I think a lot of it has to come through the attorney's office, and it may not be exact. It may be maybe so, maybe not, but we get to determine what it is. And then once we find out if it's determined that we have to make some changes, and these are what we have to make in his opinion, then we could talk more about getting the specific information as to how we're going to have to deal with it rather than willy-nilly ask anything.

I can answer all of those questions now because it's written in the statute. So this statute was structured weird compared to how statutes are normally written. Normally you have effective date and everyone complies with the statute. This one was written so it starts out by saying every zoning ordinance as of July 1st, 2027 will have whether you write it in your ordinance or not, allows an accessory dwelling unit as an accessory use in a residential neighborhood. It then says localities can place some restrictions but they have to comply with the restrictions in the code. It starts out with the things that you're allowed to restrict, which is the things that are currently in the planning's proposal and those that you are not allowed to restrict, and it's very specific about what those are, which are the things that planning has also mentioned in their proposal. And then it goes into another provision that says, even though it's effective on July 1st, you can adopt an ordinance that complies with this code section prior to July 1st. I'm not sure why that was necessary. You would have been able to do that anyway, but they put that in there. And then they have a final provision that says that none of this applies if you have an existing ADU ordinance as of January 1, 2026, which we do. The only question is, if we make any modifications, does that take away our, can we make other modifications that aren't in the code since we already have a code? I don't believe that that's possible because when you pass an ordinance, you pass an ordinance with an effective date. And so if you make an amendment to our ADU ordinance, the effective date will no longer be prior to January 1, 2026. So my recommendation is the best course of action is either you continue with what we have in place until THE GENERAL ASSEMBLY TAKES AWAY THAT PROVISION AND THEN FORCES US TO MOVE FORWARD OR YOU GO AHEAD AND PASS WHAT'S IN THE CODE. I DON'T BELIEVE YOU CAN GO DO SOMETHING DIFFERENT THAN THAT. GO AHEAD.

AS LONG AS WE HAVE AN ADU ORDINANCE ON THE BOOKS PRIOR TO 2026, NONE OF THE NEW ORDINANCE APPLIES TO US BECAUSE WE HAD AN ORDINANCE ON THE BOOKS.

As it is currently written in the code, correct.

As it is currently written, unless they take out that provision that says the blurb. Okay, got it. So that answers my question. Okay, thanks.

So just so I clarify what you said, and that's what I was getting to do when I mentioned something about trying to amend it, that that would kind of interfere with our grandfathering. So with everything that's in there, my feeble opinion, just denying the call today, we got a good ordinance on the books. But anyhow, Council Member Rector, I'm sorry, hit your button again.

Council Member Rector. Thank you. Mr. City Attorney, our ordinance on the book restricts renting. So the state code says you can rent. So because, I mean, you said that if we had an ordinance on the books that we could continue with that ordinance, but if that conflicts with the state code, then, I mean, we would be afoul if we...

So I will read you what the statement says. It says, nothing in this section, which we're talking about the ADU, shall apply to a locality... that adopted an ADU ordinance prior to January 1st, 2026. So everything that is written above that statement does not apply to us because we have an existing ordinance.

Okay, and even allowing it in all the, so we could continue to require a CUP and everything? Yes. Well, yeah. Yeah.

Council Member Johnson. I don't really want to say anything other than I think it's time to move on and just put this to bed until we're ready to do something with it. And it's not now. I'll make that motion, whatever I just said. So you need to make a motion to approve. I'll make a motion to deny, and then we will move it forward later when the time comes or later. I think eventually we're going to have to do something with this. I do feel that way because it's where the world's heading. But for now, I say I'll make a motion to deny until later. Thank you.

Council Member Bennett.

Thank you. I think a lot has been said, and one of my concerns is that will give us a little time to make sure the HOAs know what exactly they can do or what's going to be required of them to do if they don't want to accept that. So I agree, and I'll second this motion.

Can we get a motion on the floor for denial and a second from Council Member Bennett? Any further discussion or motion? Council, prepare to vote. Please cast your vote. Madam Clerk, please record the vote.

The motion is approved by a vote of six to zero.

Okay, our next public hearing is an ordinance to amend Chapter 2 of the Suffolk 2020 45 comprehensive plan this is CPA 2026 one for mr.

Manager, please provide an overview Mayor City Council members Kevin wine director of planning and community development has the presentation Thank You mr.

Manager mayor members of council This is a proposal to modify our comprehensive plan and As it relates to some of the state code changes that came to the General Assembly this past year specifically as it relates to solar facilities and some of the Regulations that were a part of the new solar restrictions that the state has imposed upon localities so a little background on this One of our previous solar updates is Going back several years now, we identified that as a part of our dimensional standards, the total area of all solar energy facilities approved on parcels zoned agricultural in the city of Suffolk shall not in the aggregate exceed 1% of the overall land area in the city that's zoned agricultural. Okay. With that, we have a solar cap. We're not the only locality that has that. But there are some concerns as it relates to House Bill 711 and Senate Bill 347 about our ability to leverage only the Unified Development Ordinance to implement that cap. So as it currently stands, 1% of our total agricultural land, that is $161,000. 25 acres. At this point, we have approved 538.34 acres. That puts us just over a third of the way to that cap, meaning we have about 1,071 acres just north of that left for solar development. We believe that is a strong regulation and protects our ag land that we have within the city of Suffolk, which is a unique and valuable resource that we wish to protect. So with those changes to the Code of Virginia, this past General Assembly session, they put on the books that a locality shall deem a solar project or energy storage project to be in substantial accord with the Comprehensive Plan of the host locality. That was kind of in the same breath as taking some regulations away from us, from a regulatory process within the Unified Development Ordinance. So additionally, we have the ability to review for substantial accord with the Comprehensive Plan all solar facilities, and that's out of section 15.222.32 of state code. And that, once again, is reiterated in 2316.9. So with that said, we want to ensure that our cap, which is codified in the Unified Development Ordinance, is clearly articulated within the comprehensive plan. And that's why we are bringing this amendment to you all this evening. So with that said, and I'm not going to read through it. It is in your packet. But we have added a paragraph to chapter two within our land use management as part of our growth management, reiterating our desire to protect the agricultural acreage and farmland that we have, specifically as it relates to the intrusion of utility-scale solar within the city. And further, at the Back end of Chapter 2, within our actions, we have added the following information, but establish clear and measurable thresholds within the Unified Development Ordinance to limit the total cumulative acreage of productive farmland and rural areas consumed by utility-scale solar energy facilities, and will utilize active agricultural and inventory to determine maximum allowable thresholds ensuring that utility-scale solar footprint expansions do not drop active prime agricultural soils below critical mass required for industry viability. So with this said, we believe this strengthens our position as it relates to the state code provisions that have come through this past General Assembly session when it comes to the discretion as it relates to protecting those agricultural resources we have in the city. And With that said, we're recommending that this comprehensive plan amendment be approved by you all this evening, and it has been considered at the planning commission's meeting last month, and they are bringing it to you with their unanimous recommendation of approval as well. That concludes my presentation on this item. I'll be happy to stand by at the conclusion of the public hearing. Should you have any questions?

Thank you, Mr. Wan. Before we open up the public hearing, Madam Clerk, please explain the timing system.

This is a public hearing, and each speaker is asked to provide their name and their address, and we'll have three minutes to offer their comments.

This is a public hearing. Will the first speaker please come forward and provide their name and address? Do we have anyone present who would like to speak to this ordinance? Hearing none, this public hearing is now closed. Council, an ordinance has been presented for your consideration. What is your pleasure? Council Member Johnson.

This seems clean and neat, and I would like to go forward and approve it.

A motion for approval from Council Member Johnson. Council Member Wright.

Second.

Second from Council Member Wright. Any discussion of the motion? Hearing none, council members prepare to vote. Please cast your vote. Madam Clerk, please record the vote.

The motion is approved by a vote of six to zero.

Okay, we have no presentations or resolutions. We do have a staff report regarding our compensation study. Mr. Manager, please provide an overview.

Mayor, city council members, with your direction and with approved funding, the city is currently underway on a compensation and efficiency study overseen by our human resource department. This evening, Kim Keating, the managing director from Bolton Benefits and Human Resource Consulting is with us and will provide you with an overview of the project thus far. Good evening.

Thank you. Good evening. Thank you to the mayor and to the members of the city council for giving me an opportunity to present to you today. Again, my name is Kim Keating and I am the managing director of the rewards practice at Bolton Consulting. Today, I am going to provide you with an update on the study thus far, an overview of the goals of the study, the scope objectives, and the process. We'll also provide you with an update on the progress we've made to date. I also want to highlight the activities we are taking to make sure that we are engaging the staff and all of the different constituents with this process and project. And I also just want to highlight that this is really an opportunity to share with you the work we've been doing, answer any questions. But we are not asking for any decision from the council today. The project team is comprised of two organizations, Bolton, as I mentioned, which is the organization that I am representing, and we are a consulting firm, and my practice is going to be managing the compensation, the pay component of the study. We're also partnering with a consulting firm called Matrix Consulting Group, and they are going to be conducting a staffing assessment independent or in addition to the pay component. They're going to be looking at different staffing models and areas of efficiency as well as job analysis and overall evaluation of the market. We're going to be working concurrently. We'll make sure that our work is integrated Both Matrix and Bolton, we have comprehensive experience working in the public sector, conducting studies of this nature, benchmarking, and providing best practices and research to our counterparts in HR and with the different individuals that we're going to be working with across the agency. In terms of the study objectives, The foundation of this study in any type of classification pay study is to ensure that we are looking at appropriate benchmarks and that we are comparing the most the closest apples to apples comparison. So that means establishing the appropriate labor market group peers and also making sure that we have up to date job documentation making sure that the job descriptions are reflecting what individuals are currently doing is absolutely pan amount to ensuring that the study is Accepted that the results are viewed as credible and it's also an important way to engage individual employees in these efforts and ensuring that We are approaching this in a very transparent and methodical way we are In addition to focusing on ensuring that job documentation is up to date, the real outcomes of the study are twofold. One, to ensure that employees are being paid competitively compared to the external market. Again, making sure the external market is defined appropriately and that job descriptions are reflecting what people are actually doing. And then equally important is ensuring that there is a calibration of internal equity. So it's really trying to find the balance of both external benchmarks and then making sure that there is appropriate hierarchy and relationships within the organization to ensure that there's appropriate internal equity as well. I WANT TO JUST HIGHLIGHT THAT IN TERMS OF DEFINING THE LABOR MARKET, WE ARE GOING TO BE CONTINUING TO FOCUS ON RELEVANT PUBLIC SECTOR, COMPARATORS. WE WILL CONTINUE TO LOOK AT THE SAME PRIMARY COMPETITORS, AND I'LL IDENTIFY WHAT THOSE AGENCIES ARE IN JUST A COUPLE OF SLIDES, BUT WE WANT TO MAKE SURE THAT THAT'S A CONTINUATION OF PRIOR BENCHMARKING. We are also, in addition to conducting the study and determining external market competitiveness, identifying any areas of pay compression or issues around internal equity, we will then take all that information and assess your current salary structure. We'll look at what you currently have, compare it to a market-based structure, and make any recommendations for refinements, make any recommendations for being crystallizing or being more clear about the different pay grades, making any suggestions for ranges, and of course with those recommendations we would provide cost estimates and a plan if there needs to be a timeline for implementing whatever recommendations we have if there are financial considerations that need to be considered in how and when our recommendations would be implemented. In addition, it's so important once the study is done that we also will be providing you all with administrative guidelines so that you can continue to administer and manage the pay system independent of the studies. Also, we're really focused on communication. Bolton has been very focused on providing managers and leaders with the tools and guidance so that they can speak intelligently about pay, how it's determined, and answer questions that they may be getting from their team members. All of this is with the overall intention to ensure that the city can continue to retain and to attract the top caliber talent and to motivate. high performance and high quality in the workforce. Any questions? Where we are in the project phases, we have completed the project initiation planning. We have requested extensive data looking at the information within the organization, organizational charts, strategic plans, job descriptions, We've been working closely with the HR team and have really immersed ourselves in understanding the city and understanding what the challenges are in the different departments. Currently, we are gathering updated position description questionnaires. This goes back to making sure the job documentation is up to date. We have also been having management and department head functional manager interviews. We're approaching this in two ways. We're getting surveys completed by the department heads, and we're doing interviews. So it's been really great for me to have the opportunity to present to you all, but also I've had an opportunity to meet with a number of the department heads today, which has been absolutely illuminating and incredibly helpful for me. With all of this information, we are going to be ready to roll up our sleeves and then go to the actual market benchmarking. A couple of things I want to highlight with that. We are very keen on making sure we're looking at job content and comparing content to content. We are not relying on job titles, because we know that can vary substantially. And so really important that we make sure that we are conducting the market benchmarking. We have the jobs properly. updated we have the right labor market. Now we need to make sure that we are doing the proper matching. Our benchmark is to ensure that the Suffolk positions are 80 percent overlapping with various surveys. We want to make sure that we have market match verification so that we again are confident in our findings and we are able to make sure that the results will accurately reflect your talent market. We will be presenting updates to the project team. We'll make sure that we are getting that feedback to make sure that we're getting those market matches properly assessed. If we find that we don't have the right market match for a position or for a department, we won't try to force it. We'll go back and try to get additional information. We'll make sure that we cast a wide net accurately reflect the labor market. And it's really important that the leaders that the department heads feel confident that we've got that match correct. Once we've completed the market benchmarking then we'll be able to have a full comprehensive picture. Here's where you are relative to the market. We'll be able to identify any areas where we see pay compression or issues of internal equity. And then we'll be able to recommend here is a market based up to date structure. Here's the difference from your current structure and a recommended plan on how to close that gap. That's where we'll get into the program review and recommendations. And with that, we'll be able to provide you with revised recommendations based on feedback and ultimately rolling that up into a cost projection, final reports, and an implementation plan based on wherever the council decides to land. I want to also highlight these are the peer agencies. This is consistent with previous years. We want to make sure that We're really capturing where you are losing employees, where potentially you would want to recruit from. I know that there are some differences, but we feel like this is the right benchmarking group, and this is consistent with prior years as well. I want to continue and just Again, highlight the organizational efficiency study. This is going to be focused on four departments, library, parks and rec, police, and the fire departments, where there's going to be a very deep dive into staffing levels, scheduling organizational structure and operations really understanding are there areas of opportunity to improve efficiency are there the right number of positions are the are they the right positions and The matrix team is going to be looking specifically in these areas for those departments some of the deliverables that you'll have at the end of this study is is kind of what is the current state, what's working, what's not working, what needs to be preserved, and where there might be areas for adjustments. Recommendations for what that structure from really like an org chart perspective, what might some recommendations be for changing. And again, these are roles and department structures, not at the individual level. What are some best practices in thinking about these changes? And then the final report with implementation recommendations. So important, again, I want to just highlight that we work collaboratively every step along the way.

And we've really tried to make sure we do that.

Are there any other questions? I'm going through relatively quickly. This is, again, just an update. There will be lots more to share and discuss as we get into more of the analysis and have more findings. to report, but I think it's really important that you all are abreast of where we are, what the methodology is, what the process looks like, timing, and I want to be able to answer any questions that you might have.

Okay, thank you for your presentation. Council, any questions or comments? Council Member Wright.

Yes, I just have a question on the organizational efficiency study slide. It says that it's going to be focused on the library, parks and recreation, police, and fire departments. That's just the sample departments for the sake of gathering information, correct?

When you say just the sample departments,

So when you receive the information, this is going to apply to all of our city employees, not just to library, parks, recreation, police, and fire departments.

The city manager wants to interject something.

If I could, I think I understand the question. Maybe I can provide some additional information just for clarity. So essentially the project that's going forward is really two. So the one is the compensation study, which you just heard that Bolton is doing. That's every employee participating, everybody. In addition to, we have a separate program and a project that we're calling the efficiency study. And that involves the four departments that you mentioned here. Due to the dynamics, the growth that's happening, the projected growth that's happening as well, overtime considerations, a lot of part-time movement, and so that has a very specific review with those four, but that's separate than the compensation program.

Got it. So the efficiency study is designated to these departments, but the pay and compensation is across the board. Yes. All right.

Thank you for helping me clarify that. Council Member Bennett.

That was one of my questions, too, but I also wanted to ask on the During the interviews with employees, what level are you doing? Just supervisors or managers? You're not going down into the hourly ranks to get any feedback from your workers, employees?

Not at this time. Right now, the interviews are limited to the department heads and to the... And I want to make sure I have that right. It is limited to the leaders, the department heads, and... functional leaders. We are not going to be doing interviews, at least we don't have any plans to do interviews one-on-one with employees. And I will tell you part of why we've selected to only do the in-person interviews with the heads of the department is that the focus of those conversations are to understand from their level what are the pain points, what are the strategic objectives or challenges at the department level that we need to be aware of? And what are their biggest challenges as it relates to pay classification? So it's really helpful to get that perspective. But I understand your question. Are we going to be getting the perspective of the individual employees around these issues as well?

Okay. I wasn't speaking of the whole entire group, but it would be selected ones from each department, maybe one or two people that works in those departments other than the managing or supervisors that could give you some type of feedback of other employees they work with because they go in the trenches with those people each and every day. So they would understand each other. better sometimes than the supervisor might.

That's a really, really good point. And the challenge sometimes with doing interviews is just sort of managing expectations, understanding the, just wanting to sort of control a bit of the information that we're disseminating because we don't necessarily know what the results are gonna be. And so the challenge of, being a little, of asking employees questions at this stage is I just, I hesitate because I don't want to raise those expectations. I don't want to create questions where they may not exist. at this stage. But I think to your point, how do we get their perspective? How do we understand what's working, what's not working? Usually we look at exit interviews. We look at climate surveys. But it's a really good point. And maybe we can think about how we can get more feedback.

I can also speak that we do also speak to that. In the process with Bolton, they are all the employees fill out a position description questionnaire that they've we've already received and in that questionnaire there's also a section from managers that they put their perspective and then in a third review the department heads also reviewing so every employee has an has an opportunity to voice information about their position and their job the position description questionnaire is actually pretty lengthy so i think it was it's

Four pages.

So it's four pages in length, which is, you know, I did one myself. It's long and lengthy. They also do the supervisor review. So there is a lot of information being gathered.

Okay. Thank you. Because I've been on both sides of the spectrum.

Yeah, absolutely.

It's a really good point. I guess you know that by me asking that question. So anyway, thanks a lot.

Councilman, if I could add one more level to it. When we started, one of the things that happened was department heads were asked to provide their organizational chart. Additionally, what happened was all the job descriptions were provided as well. And then that, so you create this expectation that this is what we're doing, this is what the workforce does, this is what you were hired to do. And then this PDQ step comes in where the worker, the employee fills out, this is what I do. And so part of this review is matching what the employee is doing, what they've been hired to do, where they sit in the organization, and then the managers review that. And so there's a right sizing within this or a confirmation that the employee drives and that the managers then verify along the way. But there's a counterbalance with our existing descriptions and organizational charge. So there's a multi-tier and level process that gets a lot of review that ensures that the employee's voice and their work is looked at and reviewed as part of that process. Okay.

Thank you. Council, any other questions or comments? If not, I have a couple questions and comments. I appreciate your update. I mean, some folks have been looking for it, and we need to get there, and we need to have the information that we need. So if it's by the end of the year, it's still kind of close. We've got budget time. It all has to come into play at one time. I've been through at least three of these, maybe four. And it's always been a little something. One time a lot of it was the classifications being out, the compression issues. It's just, I equate this to cutting five acres of grass with a push mower. Right when you get finished, you think you got it, and then the next week you realize the five acres has grown again, and you bust out the mower. What I think is a primary concern, I mean, obviously, Classification and compensation is primary. It's also the easiest thing to do. I make a bunch of phone calls and find out what you're paying a street sweeper, what you're paying a cop with five years. That's not very hard. The challenge today is to be able to... Well, the challenge is always to attract and retain employees. That's what we're trying to do. That's what the whole thing comes to without the city going broke in the process. So... In this particular case, there's a lot of moving parts going on in the world. We've got collective bargaining, little head popping up over here. We've got additional shifts that some localities are looking at. We've got a lot of moving parts. This efficiency study, organizational efficiency study we call it, becomes a more important integral part of what we're doing rather than classification money. So everything has to be taken into consideration. We need to talk about efficiencies, we need to talk about policies, best practices, overtime, incentives, what incentives can we offer, what our benefits look like, all that's part of compensation. Lots of times we take benefits and at one time, when I used to give my employees what they made for the year, alongside of it I had somebody spit out what their benefits were worth, and then you put the two together, and that's your total compensation. If it's insurance, if it's time off, if it's leave, if it's whatever it is, and that breaks down somewhat to the departments, it's a matter of total compensation. Sometimes compensation is more than just a paycheck.

Absolutely.

So I want to have, when you come back with this, saying, I want some suggestions. I want to know that we've looked at the efficiencies in these departments and how other cities are handling whatever. So we can make the necessary adjustments to compensate our employees equitably and to the extent they need to be compensated. But at the same time, we need to look at efficiencies so we can save some of that cost through efficiencies. And that involves calling some other cities and seeing what they're doing. You know, it's really, I wish it was as easy as figuring out what everybody's job is worth and putting a number on it.

Yeah, you're right.

I mean, that's like kindergarten stuff right now compared to what we have to look at. And then if we're going to go ahead and do something that we can live with for more than 18 to 24 months, which in itself seems to be a challenge, whether it's here or someplace else. So from my standpoint, yes, that's a big part. This part's just as big. We need to put those things into effect, and then that way it's kind of a two-way street. Everybody gets compensated. The way they should, we can still keep people. We need to look at all the variables. It was suggested, and this kind of got squashed, but I'll just bring it up because maybe there's another way to do it in regards to overtime we talked about or annual leave or whatever we call it. What is it, annual leave? Okay, you can only accumulate so much annual leave each year. So what happens if we take the cap off of it and at the end of the year you get to keep half of it and we put it into your retirement plan? But that may not work legally. But I'm just saying it's a concept. So what does that do? Instead of people with the use it or lose it, they just don't show up because they don't want to lose it. This way they show up, you get half of it, which beats replacing somebody else a time and a half because that's what happens. You're paying time and a half to somebody else to show up. when those folks, so anything that you see in the marketplace, if you call it, that is being, that has been implemented to incentivize our employees to not take advantage of some of those things, because it works out better for them and it works out better for us. That's the best thing is a win-win. So that's really – this is a key component. And then looking down the road, like I said, we don't exactly know what's going on with collective bargaining and some other – seems like moves that some of the other cities are making. But anyhow.

Yeah, I really appreciate your analogy about mowing the lawn with the push mower, because the grass keeps growing. It's a never-ending, changing labor market. And I agree. The pay piece, relatively speaking, is objective. We've got the data. We've got the numbers. We've got the comparators. It's a matter of doing the apples to apples. But when you get into efficiency, the roles, how to be more streamlined, it absolutely puts into a different place of complexity. And the other piece that I know my colleagues at Matrix will also be looking at, and us as well, is the impact of technology and what that's going to be doing to jobs and the roles and the efficiency, AI. All of that is going to also have to be part of what we consider in terms of what's the right process, what's the right structure.

Most of this looks like it is Matrix, so I guess you're going to be working hand in hand.

Absolutely. Absolutely.

First thing you're going to do is pass the message along.

100%. Actually, we'll be watching this together.

Okay. All right. Thank you very much for your presentation.

Thank you. I appreciate it.

All righty. Where are we? Somebody said it wasn't going to be past 8 o'clock tonight. I don't know who that was. Let's see. Next staff report, Bridge Road Route 17 Widening and Multi-Use Path Update.

Mayor, city council members, your final staff report is from Mike Miller, assistant director of public works. He'll provide an update on the Route 17 project.

Thank you, Mr. City Manager, Mr. Mayor, members of council. Excuse me. I have a brief tonight on the Route 17 bridge road multi-use path. This project outlines the ongoing design of improvements along bridge road. that will build on the recently completed roadway improvements and the intersection improvements at the Shoulders Hill and intersection at Bridge Road. This brief also invites you to the upcoming design public hearing tomorrow to explore the details and provide input on this public infrastructure. So this slide has a lot on it. This slide basically shows the north end of this project area. You can see the highlighted areas of improvements that are scheduled. So the project area highlighted above adds a third lane in both the northbound and the southbound directions of Bridge Road. The southbound lane additions extends from approximately a tenth mile south of Windward Lane southbound to Plummer Boulevard, which is off the screen. The southbound lane addition builds Upon the recently completed improvements, their shoulder silt intersection, where a third southbound travel lane was already constructed. The addition of the northbound travel lane begins just north of Harborview, the Harborview Boulevard intersection, and extends north all the way to Bridgeport Lane. So this depiction shows the south side of the project area and the roadway widening. So this project also includes the pedestrian and bicycle connectivity. The project includes construction of a new 10-foot wide shared use path on the northbound Route 17 lanes, as well as a 5-foot wide sidewalk on the southbound lanes, or in this case, the northbound is on the left and the southbound is on the right. So this is a pretty busy slide as well. Shows the intersection modifications that are required for adding a third lane in each direction at the plumber Boulevard Intersection remains the same but with an additional of a third lane in both the north and southbound directions the Windward Lane of Samara Street also adds Northbound Lane a third lane in the northbound direction because the southbound direction was already built with that that previous project at Shoulders Hill. So this also shows the Bernhower Manor Breezeport Way intersection, and this is actually shown better. I'll just go ahead and flip this slide. On the left-hand side, it shows the design. Right-hand side is existing, and I know it's hard to see the right-hand side. Probably should have zoomed in better, The right-hand side still has the existing twin lanes northbound and southbound. This widens on the northbound and southbound sides. You can see there's now three lanes in the northbound direction and southbound direction. But you've got an exclusive right turn onto Bernhower Manor Road. Okay, and this also includes a traffic signal modification there at the firehouse at number five. All right, so there's also a public hearing tomorrow. This is a notice of public hearing. The public hearing will be conducted on an open forum format at the North Suffolk Library at 2000 Bennett's Creek Park Road. There will be not a formal presentation, but city staff members as well as members of the design consultant team will be available. It will be from 5 o'clock to 7 p.m. tomorrow afternoon to answer questions and discuss possible proposed improvements, as well as receive written and verbal comments. So attendees may arrive at any time during that 5 to 7 period. The staff will be there with exhibits and related materials to review with attendees. And with that, if there are any questions.

Any questions or comments? Thank you very much. Good to see we've got some action coming on 17. Everybody's looking forward to that. We've accomplished a lot in the last Eighteen months or so, and it's just another extension of it in an area that we need it. All we've got to do now is figure out what to do with the bridges. Yes, sir. We're doing what we can with what we've got. All right, thank you very much. Okay, we'll move to motion. We do have a motion to receive a report regarding exploring additional tax relief for senior residents in the city of Suffolk, and a motion would be in order. Council Member Bennett.

Move for approval.

A motion for approval. Council Member Williams. Second that, ma'am. Second. Any discussion of the motion? Hearing none, council members, prepare to vote. Please cast your vote. Madam Clerk, please record the vote.

Motion is approved by a vote of five to zero.

We now move to non-agenda speakers. Madam Clerk, do we have any non-agenda speakers this evening? And if so, please explain the guidelines.

Yes, Mayor Duman, we do have non-agenda speakers this evening. Each person participating under the item of business entitled non-agenda speakers shall limit their remarks to the services, policies, and affairs of city government and shall be permitted five minutes for the purpose of presenting their matter. Speakers appearing before city council will not be permitted to participate in the following activities. to campaign for public office, engage in personal attacks, promote private business ventures, or use profanity. Speakers who violate these rules will be declared out of order by the presiding officer and will immediately yield the floor and be seated. Our first speaker is Sherry Bradford, 2019 Meade Parkway, representing the Western Tidewater Free Clinic. Is Ms. Bradford present? Our final speaker this evening is Tristan Presley, 1202 Boy Court, representing DFLOC Suffolk regarding flock cameras.

Mayor Duman, members of the city council, I came here to speak today about flock cameras. I've sent quite a few emails about this over the past couple weeks. I wanted to address one issue in particular that I saw recently. Specifically, I saw an article, actually this afternoon, about 11 agencies in Virginia, which are ICE 287G task force model agencies. These agencies cooperate with ICE, and the officers who work at these agencies are performing police duties on behalf of ICE within their community. and in Alexandria I believe it was the they discovered that all 11 of those agencies had access to their flock cameras to perform searches in their community. And when I looked in Suffolk all 11 of these did as well. There's about 360 law enforcement agencies in Virginia that can have access to our cameras and Suffolk 171 do but all 11 of these do and if you picked out 11 11 agencies at random from the list of ones that could be allowed the likelihood that 11 would be Allowed to access our data given that there's 171 that are is about 0.02 percent or one in about 5,000 so that to me indicates that that there's a pretty strong likelihood that these agencies have access probably to every flock camera in the state and that they're using them to assist ICE with investigations. And last time I was here, SPD, the Suffolk Police Department gave a presentation on flock. One of the statements was that to perform a search in our flock system, you have to have a case number to insert into the system to perform a search. I did a FOIA request to get the ALPR monthly reports and those reports indicated for every single month of the period which I requested which was January to June of this year that officers had entered invalid or partial case numbers on searches. So they were able to form searches with incorrect or incomplete information so. This sort of auditing system that we have right now it's possible that it's not catching cases where officers from other agencies are entering false or incorrect information to perform searches on our own flock cameras in a way that's in contradiction to the way that we want them used in Suffolk. To me the fact that all 11 of these agencies have access and combined with what we know about the limitations of this case number safeguard that we have here So there's a pretty serious risk that our data is being made available to agencies that are coordinating with ICE. So I would ask us that we follow Alexandria's approach. They took these 11 agencies and they removed them and no longer give them access to their flock data. Thank you.

Thank you. That concludes the speakers, Mayor.

Thank you, Madam Clerk. We're now going to move to new business. Do we have any new business this evening? No, sir. Hearing none, council members, do you have anything that you'd like to bring forward to council under new business? Hearing no, we'll move to announcements and comments. At this time, we'll see if media and community relations department has any announcements.

Yes, sir. Good evening, Mayor, Vice Mayor, members of City Council, City Manager. We'll begin with a reminder from Suffolk Transit and a recognition of Tri-Transit Week. Rides are fare-free through Saturday, September 19th. It is a great opportunity for residents to try public transportation and see how transit can make getting around Suffolk more convenient. Route schedules and real-time bus locations are available through the ETA Spot app. For more information, visit suffolktransit.org. Suffolk Economic Development recently celebrated another new business opening in our community. Next Gen Nail Spa has officially opened at 7386 Harbour Town Parkway, offering professional nail care and beauty services in a relaxing environment. We welcome Next Gen Nail Spa to Suffolk's growing business community and wish them continued success. On September 10th, the City of Suffolk and Suffolk Fire and Rescue officially opened their new burn building and training tower. The facility includes a three-story Class A burn building and a four-story training tower. providing first responders with a modern environment for realistic hands-on training. The facility will support Suffolk Fire and Rescue, other city departments, and regional and federal public safety partners, creating a shared fire training resource for Hampton Roads. The project was partially funded through a grant from the Virginia Department of Fire Programs. Looking ahead to next spring, vendor applications are now open for the 2027 Suffolk Earth and Arts Festival. The festival returns to historic downtown Suffolk on Saturday, April 24th. Next year's event will be the largest yet with expanded space for vendors, entertainment, and family-friendly activities. Artists, makers, growers, community groups, food vendors, and other interested vendors are encouraged to apply. Musicians interested in performing are also invited to submit an application. To apply or learn more, visit suffolkvaearthandarts.com. A reminder from Suffolk Public Library that Shelf Bound Sound returns this Saturday, September 19th at the new downtown Suffolk Library. Doors open at 6 p.m. with live music beginning at 6.30. This free all-ages event will feature live performances, a mocktail bar, artist merchandise, and creative activities. For more information, visit suffolkpubliclibrary.com. Turning now to Suffolk Parks and Recreation, the department has launched a new playground passport program, giving families a fun way to explore playgrounds across the city. Children can pick up a free passport at any participating park or at the Parks and Recreation Administration Office. As families visit participating playgrounds, they can collect a unique stamp at each location. Once the passport is complete, participants can bring it to the Administration Office at 134 South 6th Street to receive an exclusive playground passport t-shirt. The program is free, open to children of all ages, and has no official end date. For more information, visit SuffolkParksAndRec.com or call 757-514-7250. Suffolk Parks and Recreation is asking the community to help shape the future of parks, programs, trails, and open space across the city. A draft of the Parks and Recreation Master Plan is now available for public review, and the steps to participate are on your screen. To participate, visit SuffolkParksAndRec.com, locate the Parks and Recreation Draft Master Plan, and review it. Then share your feedback by emailing parksemail at suffolkva.us. Residents are encouraged to review the plan and submit comments by September 30th. And finally, the city is inviting residents to learn more about the proposed Dr. Martin Luther King Jr. Memorial at Peanut Park and share their feedback through a short online survey. Peanut Park holds an important place in Suffolk's history. On June 28, 1963, Dr. King spoke there during a Freedom Fund rally attended by approximately 7,000 people, just two months before the March on Washington. The proposed memorial would honor Dr. King's visit to Suffolk and create a space for reflection, education, and remembrance. Residents can learn more about the history of the site, view the project renderings, and complete the survey through the city's website. For more information, contact Suffolk Parks and Recreation at 757-514-7250. In closing, the information on your screen highlights the many ways residents can stay connected with city news, events, programs, and services. Thank you and have a wonderful rest of your evening.

Okay, thank you, Mr. Franklin. We'll now move on to announcements and comments by council members. And council member Rector, we're going to start with you. That's been a while. Let me get you, hold on one sec.

Bam. All right, thank you, Mr. Mayor. Yeah, it has been a while. First of all, I just want to congratulate the city on another successful, I think, Taste of Suffolk. At least the portion that I participated in did get shut down an hour or so early because of some weather that moved in and had everybody grabbing their tent poles and whatnot to keep them from blowing away. But I think, for the most part, the day was a good success. And then last night, we attended the National Night Out Volunteer Appreciation Dinner. Jennifer Moore was explaining to us that it's going to take a few more weeks, but we should get the results of how our national night out compared to others in our peer group, and hopefully we'll be able to improve on that seventh place finish that we had last year. I just want to remind everybody that Friday is the start of early voting, and if you don't believe it, go to the registrar's office and take a look at all the signs that are dotting the entranceway into that. It's truly an amazing display. I'm gonna leave it at the word amazing. I want to let everybody know that at least in my borough, in my election, there'll be a candidate forum Friday night from seven to eight at the Suffolk Cultural Arts. center, the West End Civic League, the Civic League that I'm a member of, is hosting it and the public is invited to attend. There will be a brief portion at the end where they will accept questions from the audience, but most of the questions that are being presented were generated by the leaders of the Civic League. I would like to thank Suffolk Christian Church for once again hosting a first responders lunch On September 11th, it's all volunteers. They get out there and they cook hamburgers and hot dogs and have drinks and desserts and whatnot. And it's a great way to thank the first responders of our city and remind them that they're very important to us for a number of reasons. And then finally, I don't know how anybody feels about Guardian Angels, but my belief in Guardian Angels got significantly reinforced. And as you folks may or may not know, I was not here at the last meeting because I was with the Sister Cities group over at our Sister City in Oderzo, Italy. And before I hooked up with the group, I had to go down to Venice to spend the night so I could meet up with the group the next morning. And I had pretty well researched where my hotel was in relation to where I was going to get off the water taxi there in Venice. And I had it all plotted out, I thought. But anyway, I got off the water taxi. It was getting dark. I'm lugging two suitcases. I get off, and I cross the first little bridge and get into this narrow little alleyway, which Venice has a lot of. And guess what? Google Maps doesn't work in Venice in those narrow little alleyways. And I literally walked the streets of Venice for an hour trying to find my hotel. up over a bridge, back over a bridge, up over a bridge, down an alley, back over a bridge, and on and on and on. And I was literally, I looked like I had run five miles in the rain because it was 90 degrees. It was humid out there, and I was just completely covered in sweat. And I got to this one last bridge, and there were two levels to it before you got up to the top, and then there were going to be two levels down. And I started to lug one of my suitcases up, and this nice young man came by, and he said, can I help you? And at first I said, well, you know, I've been lugging these suitcases all day long. I think I'm okay. And he looked at me and he said, I think you should let me help you. So he grabbed my big suitcase and we got up to the top of the bridge and he said, where are you going? And I said, well, I'm trying to find my hotel. I said, I know it's around here somewhere, but In addition to Google Maps not working, my phone's died because the battery's dead, and I know it's around here somewhere, but I don't know what to do. So he pulled it up on his phone and said, we're going to have to go here, here, and here, and when we get to this point, I'm going to have to go this way with my mom and my aunt, but your hotel will be back over here somewhere. Okay, so we get to that point where we're going to have to separate, and he looks at me, and then he turns around and looks at his mother, and he says, Mom, are we in any big hurry? And, you know, Mom says, No, no, we're not really in any big hurry. And he says, Can I walk this man to this hotel? Because I really think he's going to need my help. And so we finally get to the hotel, and no wonder I couldn't find it. The door to the thing couldn't have been any more than two feet wide. The sign on top of it was about this big. I mean, I would never, never have found it. I would still be walking the streets of Venice if that nice young man had not come along and offered to help me and literally walked me right to my hotel. So I want to thank that guardian angel. Like I say, I would have been in a serious, serious potential health issue if I'd had to have carried my suitcase around and up and over many more bridges there in Venice. So thank him. God bless him. And with that, I will say good night.

Council Member Williams.

Thank you, Mayor. I only have one thing tonight. Mr. City Manager, I've received several calls from some of the citizens on Arthur Drive. First and foremost, thanking the city for the new through truck signs. that seemed to be working. However, seemed like the trucks have stopped traveling the road during the day because they were being ticketed. Now they're doing it at night. So if we can probably just get a little, maybe the police to patrol that area a little more, that would be greatly appreciated. And it's a great meeting and good night. Thank you. Council Member Bennett.

Thank you. I'll be probably about eight, but it's ten. I just have two things. I just have a couple items that I know we reported before at 1103 Custer's Road. I need some grass cut. I think it's been cut before. We need cutting again. And also a vacant lot on Douglas Court that also needs to be taken care of. And with that, I will say good night and y'all have a great evening.

Council Member Johnson. And I'll be equally as brief, just to send my sympathies out to the Barlow family on their loss and to everyone in Suffolk. Have a nice night.

Okay, I'll go ahead and wrap it up. As I mentioned, Plain Air was here again on the 12th at Suffolk Center for the Cultural Arts. We had was 27, eight different artists, some of them even out of the country, California. They were also participating in Taste of Suffolk. You saw them out there painting. I want to thank everyone who had something to do with that, the volunteers and folks who put it on. I, too, attended the National Night Out Volunteer Appreciation Reception, which was actually held at the library, and I thought that was an excellent venue. I thought it was here, but when I was here by myself, I figured it was being moved. I was here with a couple guys from the Sheriff's Department, too, so I wasn't the only one. But anyhow, it's a good venue. I think we're going to find that library. It's a good venue for a lot of events. You know, you're able to set up tables, and, I mean, it was great. The Byrne Building, you mentioned the Byrne Building, the training tower. I was watching the TV this morning. We got some good TV coverage on it, Channel 10. shadow officers, firefighters out there. It's another thing we've been able to accomplish in the fact that they will let some of our neighbors, Hampton Roads neighbors use it as well. It's about it. You know, pretty good meeting tonight. I have my quote of the night since we just did finish with National Light Out is by Brian Solis. And that is, community is much more than belonging to something. It's about doing something together that makes belonging matter. And with that, I will ask for a motion to adjourn.

Actually, Mayor, I wanted to point out that we've lost our quorum, so the city clerk will need to adjourn the meeting.

Wait a minute. I didn't even see that one leave. Meeting's adjourned. Oh, was he just taking a break? No, past his bedtime.

Meeting's adjourned.

Oh, I'm sorry. We good? Can I hit the gavel?

First time forever.