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Record of Proceedings

Chesapeake City Council Meeting - September 12, 2023

City Council — Tuesday, September 12, 2023
BodyChesapeake, Virginia
SessionCity Council
DateTuesday, September 12, 2023
StatusFILED
Video Record
0:00 / 51:02

Original source
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2:58

Mr.

2:58

Vice Mayor, we have a quorum.

3:00

Thank you, Councilmember Ike.

3:02

The uh September twelfth, twenty twenty-three city council meeting is now in session.

3:07

Recognize Councilmember Ritter at this time for the invocation and the pledge of allegiance to the flag.

3:15

Thank you.

3:16

As you all joined me tonight, um, I'd like you to ask to join us in prayer for our former colleague, Susie Kelly, who lost her husband today after a long battle with cancer.

3:30

Um, this was always the prayer that Susie did at the beginning of a council meeting, and I'm doing this in honor of Susie and her family.

3:42

Lord, make me an instrument of your peace.

3:45

Where there is hatred, let me so love, where there is injury, harden, where there is doubt, faith, where there is despair, hope, where there is darkness, light, where there is sadness, joy.

4:00

Divine master, grant that I may not so much seek to be consoled as to console, to be understood as to understand, to be loved as to love with all my soul, for it is in giving that we receive, it is in pardoning that we are pardon, and it is in dying that we are born to eternal life.

4:22

Amen.

5:02

The next item is the approval of the proposed agenda.

5:05

Roll call.

5:07

Oh, I'm sorry, roll call, please, madam clerk.

5:09

Councilmember Bonn here.

5:11

Council Member Carey.

5:12

Councilmember Ike.

5:13

Present.

5:14

Councilmember News here.

5:15

Council Member Ritter.

5:16

Here.

5:17

Councilmember Ward.

5:18

Present.

5:18

Council Member Whitaker.

5:19

Present.

5:20

Vice Mayor D.

5:21

Here.

5:21

And Mayor West is excused.

5:24

Thank you.

5:25

Now the approval of the proposed agenda.

5:27

Are there any changes to the proposed agenda?

5:29

If not, a motion is in order.

5:31

Move approval.

5:32

Second.

5:32

Motion by Councilmember Ike.

5:34

Second by Councilmember Ward.

5:37

Discussion.

5:37

Please prepare to vote.

5:39

Please vote and Madam Clerk record.

5:43

Motion to approve the agenda as presented is adopted by an 8-0 vote.

5:48

Thank you.

5:49

Moving ahead, there are no minutes for approval tonight.

5:53

The next item on the agenda is citizens' comments on agenda items only.

5:59

Madam Clerk, are there speakers who wish to speak tonight?

6:02

Yes, sir.

6:02

We have four speakers.

6:03

The first speaker is Darren Maynor, representing self speaking in support of City Manager Item Two.

6:11

Mr.

6:11

Maynor.

6:20

Mr.

6:20

Maynard, if you would push the button there so that that red light goes on.

6:24

There you go.

6:27

All right.

6:27

Uh good afternoon, everyone.

6:30

I'm here.

6:31

It's been a long battle, and we continue to battle, but um, for Dominion Lakes and myself.

6:38

I just want to kind of go back and I'll keep this brief.

6:41

On June 28th of 2020, recycled properties uh appeal to notice of violation dated April 22nd of 2022.

6:50

And in there it basically stated that excavation and hauling after 7 p.m.

Discussion Breakdown — Share of Meeting
Land Use and Zoning██████████████████████████26%
Procedural██████████████████████22%
Transportation Safety██████████████████████22%
Public Safety██████████████████18%
Environmental Protection████████8%
Community Engagement████4%
Summary of Proceedings

Chesapeake City Council Meeting - September 12, 2023

The Chesapeake City Council met on September 12, 2023, at 6:30 p.m. in the City Hall Council Chamber. Vice Mayor John M. de Triquet presided in the absence of Mayor Richard W. "Rick" West (excused). The meeting included public hearings, a consent agenda, a regular agenda item regarding a potential permit revocation, nominations to boards and commissions, and a closed session. City Hall was illuminated in purple for Alzheimer's awareness.

Consent Calendar

  • Acknowledgements (Rezonings):
    • PLN-REZ-2023-008 (The Arbors at Battlefield): Conditional rezoning of ~18.5 acres from Light Industrial to Multifamily Residential (14.4 acres) and Office/Institutional (4.1 acres) at the roundabout of Independence and Volvo Parkways. Density: 14 dwelling units per acre.
    • PLN-REZ-2023-011 (Dignity Funeral Services): Conditional rezoning of ~1.2 acres from Residential to Office/Institutional at 655 Cedar Road.
  • Refunds: Three refunds totaling $55,155.32 to Hall Nissan Chesapeake LLC, Hall of Chesapeake LLC, and Spivey Rentals Inc.
  • Resignations: Accepted resignations from Monica Christiansen (Commission on Health and Well Being), Karl Waitner (Natural Event Mitigation Advisory Committee), and Raven Ford (South Norfolk Revitalization Commission).
  • City Manager Item (1): Approved request to apply for $1,000,000 from the Virginia Office of the Secretary of Veterans and Defense Affairs for an encroachment grant to acquire property around Naval Auxiliary Landing Field Fentress.
  • City Attorney Item (1): Approved annual submission of delinquent and uncollectible tax lists from the City Treasurer. The consent agenda was approved unanimously (8-0).

Public Comments & Testimony

On Agenda Items:

  • Darren Mainer (self): Spoke in support of City Manager Item (2) regarding Recycled Properties, describing ongoing violations of after-hours dumping and disregard for regulations.
  • Christina Lufrano (Dominion Lakes HOA President): Spoke in support of revoking Recycled Properties' permit, citing chronic non-compliance, dust, litter, truck congestion, environmental concerns, and negative impacts on property and health.
  • Jeremy Rodden (Dominion Lakes resident): Spoke in support of revocation, detailing past issues (roof rats after tree removal), current air quality fears, and urging the council to prioritize people over profits.
  • Vic Nicholls (self): Suggested Blazon Bloom as a nominee for the Chesapeake Bay Preservation Area Board.

Non-Agenda Speakers:

  • Merle Rutledge (self): Expressed concerns about rising crime, hospital overcrowding, business closures, and criticized city leadership.
  • Vic Nicholls (self): Thanked council for reinstating the Cigarette Litter Prevention Program and raised issues regarding concealed handgun permit fees, recycling container counts, and traffic in Greenbrier.
  • Adrianne Dettloff (Fox Trail neighborhood): Described multiple fatal accidents on Old George Washington Highway South, including four fatalities in the past year, and requested better signage, lighting, and speed enforcement at the dangerous curve. Presented a petition.

Discussion Items

City Manager Item (2) – Resolution Regarding Recycled Properties (UP-00-42):

  • Proposal: A resolution requesting the Chesapeake Planning Commission to review whether to revoke the conditional use permit for UP-00-42 (Recycled Properties, LLC) due to willful and continuous noncompliance with stipulations of the zoning ordinance.
  • Abstention: Council Member Ritter abstained from the vote, citing a professional relationship with an involved party (no legal conflict, but to avoid appearance of impropriety; confirmed by City Attorney).
  • Amendment and Vote: Council Member Newins moved approval with an added requirement that the Planning Commission report back to Council within 60 days. City Attorney Lindley confirmed the amendment was appropriate. City Manager Price explained the conditional use permit process and revocation procedure. The motion passed 7-0 (Ritter abstained, West excused).

New Business – Resolution to Reschedule November Meeting:

  • Council approved (8-0) a resolution to move the November 21, 2023 regular meeting to November 28, 2023, and place all ripe business on the new agenda.

Additional New Business:

  • Council Member Ritter: Requested staff explore options for the north end of George Washington Highway in connection with the Deep Creek Bridge replacement project, including a previous proposal for a right-of-way through Hugo A. Owens Middle School property and closing the northernmost section for safer access.
  • Council Member Newins: Requested additional community input meetings for the Chesapeake 2045 Comprehensive Plan in Deep Creek, Camelot, and South Norfolk (beyond the four already scheduled in Western Branch, Great Bridge, Hickory, and Indian River). Also requested a temporary portable speed limit sign and/or increased traffic enforcement at Stadium Drive and Mount Pleasant Road due to speed complaints.

Closed Meeting:

  • Council convened a closed meeting at 7:14 p.m. for legal consultation regarding Hampton Roads Regional Jail and discussion of candidates for City Auditor (pursuant to Va. Code § 2.2-3711(A)(1) and (8)). Reconvened at 7:43 p.m. and certified the closed session (8-0).
  • A second closed meeting was scheduled for September 19, 2023, at 3:30 p.m. to interview candidates for boards and commissions, including discussion of Airport Authority appointments (8-0 vote to establish).

Key Outcomes

  • Recycled Properties Referral: Approved resolution (7-0) to refer UP-00-42 to the Planning Commission for a revocation recommendation, with a 60-day deadline for the Commission to report back.
  • November Meeting Rescheduled: The November 21, 2023 meeting moved to November 28, 2023 (8-0).
  • Traffic Safety Measures Requested: Staff directed to review options for Old George Washington Highway South (Fox Trail area) and the north end of George Washington Highway; also to consider speed enforcement at Stadium Drive/Mount Pleasant Road.
  • Comprehensive Plan Input: Staff asked to add Deep Creek, Camelot, and South Norfolk as locations for community input meetings.
  • Boards and Commissions Nominations: Multiple nominations received for the Chesapeake Bay Preservation Area Board (5 vacancies), Chesapeake Hospital Authority (3 vacancies), and Planning Commission (1 vacancy). Interviews set for September 19, 2023, at 3:30 p.m., with appointments expected the following week.

Meeting Transcript

Mr. Vice Mayor, we have a quorum. Thank you, Councilmember Ike. The uh September twelfth, twenty twenty-three city council meeting is now in session. Recognize Councilmember Ritter at this time for the invocation and the pledge of allegiance to the flag. Thank you. As you all joined me tonight, um, I'd like you to ask to join us in prayer for our former colleague, Susie Kelly, who lost her husband today after a long battle with cancer. Um, this was always the prayer that Susie did at the beginning of a council meeting, and I'm doing this in honor of Susie and her family. Lord, make me an instrument of your peace. Where there is hatred, let me so love, where there is injury, harden, where there is doubt, faith, where there is despair, hope, where there is darkness, light, where there is sadness, joy. Divine master, grant that I may not so much seek to be consoled as to console, to be understood as to understand, to be loved as to love with all my soul, for it is in giving that we receive, it is in pardoning that we are pardon, and it is in dying that we are born to eternal life. Amen. The next item is the approval of the proposed agenda. Roll call. Oh, I'm sorry, roll call, please, madam clerk. Councilmember Bonn here. Council Member Carey. Councilmember Ike. Present. Councilmember News here. Council Member Ritter. Here. Councilmember Ward. Present. Council Member Whitaker. Present. Vice Mayor D. Here. And Mayor West is excused. Thank you. Now the approval of the proposed agenda. Are there any changes to the proposed agenda? If not, a motion is in order. Move approval. Second. Motion by Councilmember Ike. Second by Councilmember Ward. Discussion. Please prepare to vote. Please vote and Madam Clerk record. Motion to approve the agenda as presented is adopted by an 8-0 vote. Thank you. Moving ahead, there are no minutes for approval tonight. The next item on the agenda is citizens' comments on agenda items only. Madam Clerk, are there speakers who wish to speak tonight? Yes, sir. We have four speakers. The first speaker is Darren Maynor, representing self speaking in support of City Manager Item Two. Mr. Maynor.

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