OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Chesapeake City Council Meeting – January 16, 2024

City CouncilTuesday, January 16, 2024
BodyChesapeake, Virginia
SessionCity Council
DateTuesday, January 16, 2024
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

Newens for the invocation and delet us into the Pledge of Allegiance.

0:07

Please join me in prayer.

0:09

God, remind us that without you we are nothing.

0:11

Our life, our time belongs to you alone, and I ask that you use our lives, use our time for your glory.

0:17

Set us apart to do the good works that you have planned in advance for us.

0:21

Change the way we think, the way we live, draw us closer to you, and remind us of your unfeeling love.

0:26

In Jesus' name I pray, amen.

0:29

Please join me in the Pledge of Allegiance.

0:32

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.

0:39

One nation under God, indivisible with liberty and justice for all.

0:49

Thank you, Councilman Newens.

0:51

And before we excuse me, Madam Clerk, would you please call the roll?

0:54

Councilmember Bunn.

0:55

Here.

0:56

Councilmember Carey.

0:57

Here.

0:57

Councilmember Ike.

0:58

Present.

0:58

Councilmember Newens here.

1:00

Councilmember Ritter.

1:01

Here.

1:01

Councilmember Ward.

1:03

Present.

1:03

Councilmember Whitaker.

1:05

Present.

1:06

Vice Mayor Dietrich?

1:07

Here.

1:07

And Mayor West.

1:08

Here.

1:09

So before we begin tonight, I would like to ask everyone to please just join me for a moment of silence in the honor the memory and legacy of our detective Jared Shivers, who gave the ultimate sacrifice in the line of duty 16 years ago on January 17, 2008.

1:45

Thank you very much.

1:47

Madam Attorney, would you please provide the language for the closed meeting held this afternoon at 440?

1:54

A motion to certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed, and only such public business matters as were identified in the motion convening the closed meeting were heard discussed or considered.

2:09

Motion please.

2:12

Second.

2:12

Thank you, Mr.

2:13

Ike and Dr.

2:14

Ward.

2:14

Please prepare to vote.

2:15

Please vote and record.

2:18

Motion to certify the closed meeting is adopted by a 9-0 vote.

2:23

Next is the approval of the proposed agenda.

2:26

Are there any changes that what to the proposed agenda?

2:29

Mayor West.

2:30

Dr.

2:30

Ward?

2:30

I mean Dr.

2:33

Dr.

2:33

Dietrich.

2:34

Thank you.

2:35

Um I move to approve the uh proposed agenda with the exception of item B, uh, which at the request of the applicant will be continued until February 20th.

2:46

Thank you very much.

2:47

Is there any discussion?

2:49

Oh, excuse me.

2:50

We have a second, Dr.

2:51

Ward.

2:51

Is there any discussion?

2:53

Dr.

2:54

Ditch K.

2:54

Any discussion.

Discussion Breakdown — Share of Meeting
Water And Wastewater Management█████████████████████████████████████████41%
Land Use and Zoning███████████████████████████████31%
Public Engagement█████████9%
Procedural████████8%
Cybersecurity████4%
Affordable Housing██2%
Technology and Innovation██2%
Parking Management██2%
Parks and Recreation1%
Summary of Proceedings

Chesapeake City Council Meeting – January 16, 2024

The Chesapeake City Council held a regular meeting on January 16, 2024, at 6:30 p.m. in City Hall Council Chamber. The meeting included a moment of silence for Detective Jarrod Shivers, certification of a prior closed meeting, approval of the agenda with a continuance, consideration of five public hearing items, a detailed presentation on water billing issues, and authorization for a future closed meeting.

Public Comments & Testimony

  • Vic Nicholls (self) spoke on Planning Public Hearing Item A (Joseph's Meadows), questioning the original zoning, profit expectations, tax burdens, and the need for affordable housing under $250,000. He expressed concern that units might be rented rather than sold, and urged that homes be sold, not rented.
  • Brad Moore (representing South Norfolk Civic League) spoke in support of Planning Public Hearing Item E (text amendment for residential development in South Norfolk Business Overlay District), stating the league fully supported the change after thorough review, and that it would make the area more welcoming to developers.
  • Taylor Grissom (representing Prempay Development LLC) and Sam Baraki (Civil Engineering and Construction Services) spoke in support of Item A, available for questions.
  • Jeff Holland (representing Dish Wireless) spoke in support of Item C, available for questions.
  • John Harbin (representing Chesapeake Land Bank Authority) spoke on Item E, available for questions only.

Discussion Items

  • PLN-REZ-2023-019 Joseph's Meadows (5.5 acres, 28 single-family attached/detached condominium units at 5.3 dwelling units per acre, 392 & 408 Kempsville Road): Planning Director McNamara recommended approval with proffers. Council Member Ritter asked about revised building elevations and whether the City Attorney confirmed that socioeconomic proffers (e.g., price points or rental restrictions) are legally precluded. City Attorney Lindley said case law discourages such proffers and Chesapeake does not request them. Sam Baraki stated that the smallest unit would be in the upper $300,000 range, and the largest around $600,000, making rentals unlikely but not contractually prevented. The motion passed 9-0.
  • PLN-PUDC-2022-003 Ashburn Meadows (131.8 acres, planned unit development at 208 Peaceful Road) was continued to the February 20, 2024 City Council meeting at the agent's request. Council Member Ritter voted against the agenda amendment that included this continuance.
  • PLN-USE-CT-2023-001 Dish Wireless Yadkin Road (130-foot wireless tower on existing 110-foot transmission tower, 3015 Yadkin Road): Staff recommended approval with stipulations. Council Member Ike asked Jeff Holland to explain the project; it is for Dish Wireless cell service (not TV) to improve coverage along I-64. Motion passed 9-0.
  • PLN-TXT-2023-010 (amendments to add definition for "abutting" and clarify building heights for buildings/silos abutting residential property in non-residential districts): Approved 9-0 without discussion.
  • PLN-TXT-2023-011 (amendments to permit residential development in South Norfolk Business Overlay District): Approved 9-0 after discussion. Council Member Ritter asked about the definition of "party wall," zero-lot-line setbacks, and parking availability. Planning Director McNamara explained that party walls are common walls between separately owned units; zero rear setbacks would be rare and only allowed with a conditional use permit and site plan approval by council. Staff will provide an update on the South Norfolk parking lot project and municipal building parking garage.
  • Water Billing Issue Presentation: City Manager Price introduced Director of Public Utilities David Jurgens, who explained that longer billing periods (up to 80 days for some accounts) were due to new billing software implementation, staff departures, holidays, and weather. Approximately 30,000 accounts had bills in the 70-79 day range; 2,900 in one cycle hit 80 days. No non-residential accounts were affected. Jurgens outlined steps being taken: voluntary and mandatory overtime, hiring, and using other skilled staff. He described a two-pronged remedy: (1) automatic credits for customers whose consumption was pushed into a higher tier due to the longer period, and (2) future bills will be shorter (55-57 days) to offset the longer bill. All penalties and interest have been suspended, and payment plans are available without penalty. The city will credit affected accounts once the backlogs are cleared. Council Member Newins questioned whether the credits would be applied automatically; Jurgens said yes, but not until the billing period normalizes. Council Member Ward clarified that there was a 2.9% rate increase effective January 1, 2024 (not October 1, 2023), which may have contributed to customer confusion. Council Member Ritter emphasized clear communication: lead with the solution, then explain the problem. The city will use social media, bill inserts, and phone/email to communicate.
  • Closed Meeting Authorization: A motion was passed (9-0) to hold a closed meeting on January 23, 2024 at 4:30 p.m. to discuss cybersecurity threats. A second motion (8-1) added discussion of appointments to the Chesapeake Bay Preservation Board, Chesapeake Hospital Authority, and South Norfolk Revitalization Commission.

Key Outcomes

  • Joseph's Meadows (PLN-REZ-2023-019): Approved with proffers (9-0).
  • Ashburn Meadows (PLN-PUDC-2022-003): Continued to February 20, 2024 City Council meeting (agenda amendment passed 8-1, with Ritter dissenting).
  • Dish Wireless (PLN-USE-CT-2023-001): Approved with stipulations and alternative parking surface request (9-0).
  • Text Amendment – Building Heights (PLN-TXT-2023-010): Approved (9-0).
  • Text Amendment – South Norfolk Residential (PLN-TXT-2023-011): Approved (9-0).
  • Water Billing Remediation: City will automatically credit customers affected by tier shifts; penalties suspended; payment plans available; no action required by customers. Staff to use multiple communication channels.
  • Future Closed Meeting: Authorized January 23, 2024 at 4:30 p.m. for cybersecurity and board appointments (first motion 9-0, second 8-1).

Meeting Transcript

Newens for the invocation and delet us into the Pledge of Allegiance. Please join me in prayer. God, remind us that without you we are nothing. Our life, our time belongs to you alone, and I ask that you use our lives, use our time for your glory. Set us apart to do the good works that you have planned in advance for us. Change the way we think, the way we live, draw us closer to you, and remind us of your unfeeling love. In Jesus' name I pray, amen. Please join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you, Councilman Newens. And before we excuse me, Madam Clerk, would you please call the roll? Councilmember Bunn. Here. Councilmember Carey. Here. Councilmember Ike. Present. Councilmember Newens here. Councilmember Ritter. Here. Councilmember Ward. Present. Councilmember Whitaker. Present. Vice Mayor Dietrich? Here. And Mayor West. Here. So before we begin tonight, I would like to ask everyone to please just join me for a moment of silence in the honor the memory and legacy of our detective Jared Shivers, who gave the ultimate sacrifice in the line of duty 16 years ago on January 17, 2008. Thank you very much. Madam Attorney, would you please provide the language for the closed meeting held this afternoon at 440? A motion to certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed, and only such public business matters as were identified in the motion convening the closed meeting were heard discussed or considered. Motion please. Second. Thank you, Mr. Ike and Dr. Ward. Please prepare to vote. Please vote and record. Motion to certify the closed meeting is adopted by a 9-0 vote. Next is the approval of the proposed agenda. Are there any changes that what to the proposed agenda? Mayor West. Dr. Ward? I mean Dr. Dr. Dietrich. Thank you.

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