OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Chesapeake City Council Meeting - November 28, 2023

City Council — Tuesday, November 28, 2023
BodyChesapeake, Virginia
SessionCity Council
DateTuesday, November 28, 2023
StatusFILED
Video Record
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0:00

Want to welcome everyone to our November 28, 2023 council work session.

0:07

Mr.

0:07

Manager Royal Rural Planning and Legislative Very exciting subjects today.

0:14

They're very exciting.

0:16

First up, uh we'll do our legislative uh update uh with uh Mr.

0:20

Westcott.

0:20

Second, we'll do a rural preservation uh rural planning update uh with uh uh Mr.

0:26

McNamara, both timely topics, but uh particularly given this time of year, we we always do our our uh getting ready for the General Assembly session, and we are in the capable hands of uh our legislative affairs director, Mr.

0:40

David Westcott.

0:41

I'll turn it over to David.

0:43

Well, I think this is probably the most uh important presentation that we'll get tonight, other than well than what Jimmy's gonna present tonight uh because everything is dependent on uh the General Assembly as a Dillon Rule state.

0:54

But uh Mayor West, uh Vice Mayor D.

0:57

And members of council, I'm really honored to be before you today to celebrate the collective success we have achieved over the past three years, in addition to presenting to you all the FY24 legislative package.

1:07

Together, our commitment to our legislative priorities has yielded tremendous results through our dedicated efforts.

1:14

We have not only secured close to $33 million in federal and state funding in the past three years, but have also accomplished nearly all of our top legislative priorities in those years.

1:25

These combined victories have empowered us to continue making meaningful improvements to the fabric of our community, but also helping us seek new opportunities.

1:33

As we look at our accomplishments, we must also turn our gaze to the horizon in acknowledging the changes that loom in the upcoming General Assembly session.

1:42

With the introduction of 18 new Senate members and 34 House members, which will be 52 total new members in the General Assembly of 140, the landscape is evolving very quickly.

1:53

This presents both a both challenge and opportunity for us to extend our hand in friendship and cooperation with the sessions to come.

2:01

We will embrace this transition as a chance to forge new relationships, cultivate friendships with the incoming members.

2:07

In the spirit of unity, we will work closely with these new members, emphasizing the importance of local government and the invaluable role it plays in serving our community together as one cohesive unit.

2:19

Together we can transcend political boundaries, focusing on the shared goals of advancing the well-being and prosperity of the City of Chesapeake.

2:30

Moving on to uh the overview of session, what does that look like as far as dates?

2:35

Some of the key dates that us legislative liaisons, and there's 13 of us throughout the entire state of Virginia, including Northern Virginia.

2:43

Um, we look at the governor's introduced budget, which is December 20th.

2:46

And that kind of is going to give us the lay of the land as to what uh monetary things we'll see in the budget and what things are getting fun more funding, what things are not getting more funding, but certainly that is a date that is very important to us as well as the city.

3:00

The first day of session uh is gonna be January 10th.

3:03

Crossover, since this is a long session, crossover will probably be about the first week of February, if not maybe the second week.

3:12

And really, it all depends on how many bills are gonna be filed through this session.

3:16

On typical session, I mean we could probably see well over uh upwards of probably 2,500 bills introduced.

3:23

So that's a lot of bills uh that we'll have to you know scan through.

3:27

But the day I like to look forward to is probably as well as citizens throughout the Commonwealth is the last day of session, which is March 9th.

3:37

So the say the date, I've always had this because this is just to give y'all a reference as to what I look at and what other lobbyists throughout the Commonwealth look at as far as getting legislation filed.

3:49

Uh pre-file has already begun, and what pre-file is is uh really delegates and senators have an unlimited amount of bills that up to a certain reason.

3:59

Um I think that number is about 40.

4:01

Uh we have two members, not in our delegation, but in other delegation that already has 34 bills pre-filed.

4:07

But um they can submit as many bills as they want up to the pre-file deadline, which is gonna be the deadline is gonna be this uh this coming uh week.

4:16

No, it should be this week, November 30th.

4:19

And so any legislation that is uh submitted to Division of Legislative Services after that counts towards your total of five bills that you're allowed to carry or introduce after the November 30th deadline.

4:33

And that deadline to introduce all legislation is January 10th, which is a date that all of us in the General Assembly look forward to because we know there's no more bills coming before us that we're gonna probably have to review.

4:45

Um as always, uh the end of session, since it's a long year, is probably gonna be around March 9th, depending on if we can get finished in time.

4:54

So there's a we've have a couple of new members since the la of council since the last time I presented this legislative package to you all uh last November.

5:04

But how do we really formulate our legislative package?

5:07

First, um we form it by seeking input of council in the May-June time frame where we send out an email saying, hey, is there anybody that would like to uh talk about legislative items that for the package?

5:19

Is there anybody that would like to submit legislative requests to be in the package uh for this year?

5:24

We also work with our city department managers as well as staff in those departments.

5:29

And quite honestly, that you know, it really starts in May, but it really starts at the end of March once I get back from session here to Chesapeake.

5:38

We already start formulating the package and what it's gonna look like.

5:41

Um but probably most importantly is the commissions and the meetings that I attend and other liaisons attend throughout the Commonwealth throughout the year.

5:49

That could, you know, there's I think a total of like 27 or 20 between 27 and 32 different committees and commissions that meet throughout the year when the General Assembly is not in session.

6:00

So all those meetings I go to really formulate what kind of this legislation the next legislative session is going to look like.

6:08

And I think most importantly is working with um members of the Hampton Roads uh delegation as well as the legislative liaisons in Northern Virginia and the delegation in Northern Virginia, because honestly, if we don't work together, none of us know really what's going on and what the other persons introducing and whatnot.

6:27

So who do we partner with?

6:29

Um certainly uh Councilman Ike and uh Dr.

6:33

Ward and uh Councilwoman Debbie Ritter are very uh familiar with uh Virginia Municipal League in VACO as well as Virginia First Cities.

6:42

Those are our uh state level uh representatives uh for the local government level, and us liaisons work with those individuals on a daily basis going over bills and certainly defending items of l of local government importance, but we also work with our regional partners, which is HRPDC, HR TAC, and HRTPO, and a lot of the things that they talk about throughout the year end up coming into a legislative package of their own and things that often filter into our legislative packages.

7:12

Um on the federal level, we have National League of Cities and NACO, which is National Association of Counties, which we also work very closely with.

7:21

So, what are our top legislative initiatives uh for this upcoming General Assembly session?

7:26

Um first off, we have local excise tax on vaping products.

7:31

We also have amend the Code of Virginia for the use of photo monitoring system to enforce traffic light signals, which allows uh retired law enforcement officers to review those videos.

Discussion Breakdown — Share of Meeting
Land Use and Zoning██████████████████████22%
Public Safety██████████10%
Procedural███████7%
Legal Affairs███████7%
Neighborhood Concerns██████6%
Legislative Priorities█████5%
Agricultural Conservation█████5%
Public Engagement█████5%
Senior Services█████5%
Summary of Proceedings

Chesapeake City Council Meeting Summary

Date: November 28, 2023
Time: Work Session at 5:00 p.m.; Regular Meeting at 6:30 p.m.
Location: City Hall Council Chamber, 306 Cedar Road, Chesapeake, VA

The Chesapeake City Council held a combined work session and regular meeting on November 28, 2023. The work session (5:00–6:04 p.m.) included discussions on the FY24 legislative package and a rural planning update. The regular meeting (6:30 p.m.–10:33 p.m.) featured special recognitions, a statement condemning antisemitism, public hearings on nine planning items, and several administrative actions. Key decisions included approval of battery storage zoning amendments, several rezoning and use permit approvals, revocation of a conditional use permit for a wood debris mulching facility, and direction to staff to initiate an ordinance closing the agricultural subdivision loophole.

Consent Calendar

  • The proposed agenda was approved (9-0), including withdrawal requests for two Dignity Funeral Services items (E and F).

Public Comments & Testimony

  • Betty Ann Levin and Art Sandler (both representing United Jewish Federation of Tidewater) expressed gratitude for the mayor’s resolution condemning antisemitism and urged continued leadership against hate. Sandler noted this was the first such resolution by a mayor in the region.
  • Thomas Turner (Conservatives for Clean Energy) spoke in support of the battery storage text amendment, urging a deliberate approach to clean energy policy.
  • Vic Nicholls (self) opposed the battery storage amendment, raising concerns about taxpayer liability and emergency access.
  • Maggie Howe (East Point Energy) and Matt Boys (Aypa Power) opposed the battery storage amendment, arguing that NFPA 855 standards (10-foot setback) should be followed rather than the proposed 300-foot setback; they also raised concerns about layered fire protection requirements limiting vendor options.
  • Noah Ryder (fire protection engineer, principal member of NFPA 855) confirmed that NFPA 855’s 10-foot and 100-foot setbacks are consensus-based safe standards.
  • Grady Palmer, Brian Staub (Marlyn Development), and David Abraham (Beth Shalom Village) spoke in support of the Arbors at Battlefield project, citing urgent need for senior housing, 20% affordability set-aside, and backup generators.
  • Chandra Gallup (Franklin Johnston Group) spoke in support of Marlyn Development’s senior communities based on her management experience.
  • Markiella Moore (self) opposed the Arbors project, arguing it should wait for the Greenbrier Area Plan to be completed and noting that the staff report recommended continuance.
  • Randy Royal (Kimley-Horn), Jim Scalzo and Morgan Whayland (Virginia Natural Gas), Karen McPherson (traffic consultant), and Gene Waters (Clearfield Community Steering Committee) spoke in support of the Clearfield Regional Office rezoning, citing job creation, $50 million investment, and minimal traffic impact.
  • Vic Nicholls (self) offered comments on the Clearfield item, questioning the city’s ability to optimize signal timings.
  • For the revocation of Recycled Properties’ CUP, John King and Ellen Bergren (City of Chesapeake staff) presented evidence of four notices of violation for processing prohibited materials (asphalt, concrete) since 2019.
  • Jennifer Tucker, Christina Lufrano, Kasha Yee, Rafael Garraton, Leanne Dahl, Angela Hebert, Justin Westall, Jeremy Rodden, and Daren Mainer (residents of Dominion Lakes and adjacent neighborhoods) spoke in support of revocation, citing continuous noise, dust, odor, vulture infestations, health impacts, and safety hazards.
  • Bryan Plumlee, Nicole Pasho, David Oakley, Lauren Curtin, Brian Bass, Von White, Taylor Fichter, Blake Fisher, Kayla Alvarez (not present), Nate Sebura, John Marmoudis, and Bryan Conley (Recycled Properties, LLC, and affiliated parties) spoke against revocation, arguing that notices were defective (not sent by registered mail), stockpiling is not processing, the city itself delivers materials to the site, and revocation would harm jobs and regional construction projects.
  • Nick Baum (Burnette Baum Development Corporation) requested concurrent advertising for a mini-storage project at 739 Battlefield Boulevard.

Discussion Items

  • Legislative Package (Work Session): Legislative Affairs Director David Westcott presented the FY24 legislative package, including top priorities: local excise tax on vaping products, allowing retired law enforcement to review photo monitoring violations, petition of landowners, and continued funding for Chesapeake Career Academies. Supportive initiatives included adding animal control officers and park rangers to public safety officer definitions, and supporting local land use authority. Council Member Bunn requested adding park rangers; the city manager noted likelihood of success but agreed to support if introduced. Council Member Newins suggested expanding photo monitoring to school zones and buses.
  • Rural Planning Update (Work Session): Planning Director James McNamara presented results from six rural area listening sessions (September–October 2023). Key themes: desire to preserve rural lifestyle (quiet, nature), concerns about rapid growth, flood risks, inadequate infrastructure, and “plastic Chesapeake” (low-quality development). Participants split between protecting property rights and controlling growth. Staff recommended: (1) closing the agricultural subdivision loophole by requiring an easement for agricultural use, (2) creating standards for an agricultural PUD (farming villages), and (3) updating the comprehensive plan. Council Member Ritter directed staff to prepare an initiating resolution to close the loophole.
  • Battery Storage Zoning Amendment (PLN-TXT-2023-005): After continued debate, the motion to approve the November 27, 2023 version prevailed. Discussion focused on the 300-foot setback vs. NFPA 855’s 100-foot recommendation. Fire department representatives explained the 300-foot operational staging zone. The final version allows council to reduce the setback to 100 feet on a case-by-case basis. Vote: 7-2 (Council Members Ward and Whitaker opposed).
  • Gray Farm Rezoning (PLN-REZ-2022-011): Approved 9-0 with proffers limiting the subdivision to 32 single-family detached homes, with architectural standards, a minimum 1,800 sq. ft. living space, 1.5-car garage, 6-foot front porch, and road improvements including Willow Lake Road.
  • The Arbors at Battlefield (PLN-REZ-2023-008 and PLN-USE-2023-012): After extensive debate, the rezoning was approved 5-4 (Bunn, Ike, Ritter, Ward, Whitaker yes; Carey, de Triquet, Newins, West no). Council Members who opposed cited inconsistency with the current land use plan and desire to wait for the Greenbrier Area Plan. The conditional use permit for height exception (up to 60 feet) was approved 7-2 (Carey and de Triquet opposed) with an added stipulation requiring generators sufficient for continual power during outages, as determined by the fire chief. The project includes 183 independent senior units and up to 100 assisted living/memory care units, with 20% of independent units set aside as affordable (80% AMI).
  • Clearfield Regional Office (PLN-REZ-2023-020): Approved 9-0 for a Virginia Natural Gas regional office on 30.3 acres. Proffers include a traffic signal at Clearfield/Discovery, right-turn lane, optimized signal timings, Resource Row extension, $315,000 cash contribution, and tree preservation.
  • Revocation of Recycled Properties CUP (PLN-USE-2023-033): After hearing from 23 speakers and attorney arguments, the council voted 8-0 (Council Member Ritter abstained) to revoke UP-00-42 for willful and recurring noncompliance with stipulations (processing asphalt and concrete). The resolution cites four notices of violation since 2019. The city attorney confirmed proper notice procedures.
  • Billboard Text Amendment (PLN-TXT-2023-002): Approved 9-0, allowing certain billboards on sites with buildings subject to a conditional use permit.
  • Concurrent Advertising (New Business): Approved 9-0 for Luray Mini-Storage (PLN-REZ-2023-017 and PLN-USE-2023-027) to allow expedited processing due to contract deadlines.

Key Outcomes

  • Approved: Battery storage text amendment (7-2); Gray Farm rezoning (9-0); Arbors at Battlefield rezoning (5-4) and use permit (7-2); Clearfield Regional Office rezoning (9-0); revocation of Recycled Properties CUP (8-0, 1 abstention); billboard text amendment (9-0); concurrent advertising for Luray Mini-Storage (9-0).
  • Withdrawn: Dignity Funeral Services rezoning and use permit (requested by agent).
  • Directives: Council Member Ritter directed staff to prepare an initiating resolution (for the December 12, 2023 meeting) to amend the zoning and subdivision ordinances to close the agricultural subdivision loophole.
  • Closed Meeting: Council held a closed session from 10:24 p.m. to 10:33 p.m. to discuss a prospective business opportunity and investment of public funds (topic 2; Council Member Ritter abstained from topic 2). Both topics were certified as compliant with Virginia law.

Meeting Transcript

Want to welcome everyone to our November 28, 2023 council work session. Mr. Manager Royal Rural Planning and Legislative Very exciting subjects today. They're very exciting. First up, uh we'll do our legislative uh update uh with uh Mr. Westcott. Second, we'll do a rural preservation uh rural planning update uh with uh uh Mr. McNamara, both timely topics, but uh particularly given this time of year, we we always do our our uh getting ready for the General Assembly session, and we are in the capable hands of uh our legislative affairs director, Mr. David Westcott. I'll turn it over to David. Well, I think this is probably the most uh important presentation that we'll get tonight, other than well than what Jimmy's gonna present tonight uh because everything is dependent on uh the General Assembly as a Dillon Rule state. But uh Mayor West, uh Vice Mayor D. And members of council, I'm really honored to be before you today to celebrate the collective success we have achieved over the past three years, in addition to presenting to you all the FY24 legislative package. Together, our commitment to our legislative priorities has yielded tremendous results through our dedicated efforts. We have not only secured close to $33 million in federal and state funding in the past three years, but have also accomplished nearly all of our top legislative priorities in those years. These combined victories have empowered us to continue making meaningful improvements to the fabric of our community, but also helping us seek new opportunities. As we look at our accomplishments, we must also turn our gaze to the horizon in acknowledging the changes that loom in the upcoming General Assembly session. With the introduction of 18 new Senate members and 34 House members, which will be 52 total new members in the General Assembly of 140, the landscape is evolving very quickly. This presents both a both challenge and opportunity for us to extend our hand in friendship and cooperation with the sessions to come. We will embrace this transition as a chance to forge new relationships, cultivate friendships with the incoming members. In the spirit of unity, we will work closely with these new members, emphasizing the importance of local government and the invaluable role it plays in serving our community together as one cohesive unit. Together we can transcend political boundaries, focusing on the shared goals of advancing the well-being and prosperity of the City of Chesapeake. Moving on to uh the overview of session, what does that look like as far as dates? Some of the key dates that us legislative liaisons, and there's 13 of us throughout the entire state of Virginia, including Northern Virginia. Um, we look at the governor's introduced budget, which is December 20th. And that kind of is going to give us the lay of the land as to what uh monetary things we'll see in the budget and what things are getting fun more funding, what things are not getting more funding, but certainly that is a date that is very important to us as well as the city. The first day of session uh is gonna be January 10th. Crossover, since this is a long session, crossover will probably be about the first week of February, if not maybe the second week. And really, it all depends on how many bills are gonna be filed through this session. On typical session, I mean we could probably see well over uh upwards of probably 2,500 bills introduced. So that's a lot of bills uh that we'll have to you know scan through. But the day I like to look forward to is probably as well as citizens throughout the Commonwealth is the last day of session, which is March 9th. So the say the date, I've always had this because this is just to give y'all a reference as to what I look at and what other lobbyists throughout the Commonwealth look at as far as getting legislation filed. Uh pre-file has already begun, and what pre-file is is uh really delegates and senators have an unlimited amount of bills that up to a certain reason. Um I think that number is about 40. Uh we have two members, not in our delegation, but in other delegation that already has 34 bills pre-filed. But um they can submit as many bills as they want up to the pre-file deadline, which is gonna be the deadline is gonna be this uh this coming uh week. No, it should be this week, November 30th. And so any legislation that is uh submitted to Division of Legislative Services after that counts towards your total of five bills that you're allowed to carry or introduce after the November 30th deadline. And that deadline to introduce all legislation is January 10th, which is a date that all of us in the General Assembly look forward to because we know there's no more bills coming before us that we're gonna probably have to review. Um as always, uh the end of session, since it's a long year, is probably gonna be around March 9th, depending on if we can get finished in time. So there's a we've have a couple of new members since the la of council since the last time I presented this legislative package to you all uh last November. But how do we really formulate our legislative package? First, um we form it by seeking input of council in the May-June time frame where we send out an email saying, hey, is there anybody that would like to uh talk about legislative items that for the package? Is there anybody that would like to submit legislative requests to be in the package uh for this year? We also work with our city department managers as well as staff in those departments. And quite honestly, that you know, it really starts in May, but it really starts at the end of March once I get back from session here to Chesapeake. We already start formulating the package and what it's gonna look like. Um but probably most importantly is the commissions and the meetings that I attend and other liaisons attend throughout the Commonwealth throughout the year. That could, you know, there's I think a total of like 27 or 20 between 27 and 32 different committees and commissions that meet throughout the year when the General Assembly is not in session.

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