Chesapeake City Council Meeting – March 26, 2024

The Chesapeake City Council held a work session at 4:00 p.m. followed by a regular meeting at 6:30 p.m. on March 26, 2024. The work session focused on proposed changes to City Council Rules and Procedures and the FY 2025 Capital Improvement Program (CIP) and Operating Budget. The regular meeting included a public hearing on the Industrial Waterfront Study, approval of consent and regular agenda items, citizen comments on a ward-based voting system, appointments to boards and commissions, and three new business resolutions. All votes were 9-0 except for a substitute motion on a lobbying disclosure resolution, which passed 6-3.

Work Session (4:00 p.m. – 6:05 p.m.)

• City Council Rules and Procedures: Council discussed multiple proposed amendments, including automatic censure for closed session violations (deferred for further process clarification), time limits per agenda item (no consensus reached), and a council member's right to add items to the agenda (deferred). The city attorney clarified that attorney-client privilege is held by the body and any single member waiving it could have repercussions. The matter was tabled to a future work session.
• FY 2025 Capital Improvement Program and Operating Budget: City Manager Christopher Price and Budget Director Jonathan Hobbs presented the proposed budget. Key highlights included: maintaining the real estate tax rate at $1.01 per $100 of assessed value (no increase), no new fees, a recommended half-cent rededication of the real estate tax to the city lockbox to fund debt service for the Public Safety Training Academy, and a $2 million appropriation for possible refunding of 2012A Chesapeake Transportation System bonds. The proposed operating budget totals over $1.6 billion (52% city, 48% schools). Inflation and cost increases were noted, with several projects (e.g., George Washington Highway widening) losing full funding. Councilmembers asked about community service aids, inflation projections, and the status of public defender and farm equipment tax requests.

Consent Calendar

• Resignation of Ellsworth Spicher from the Chesapeake Board of Historic and Architectural Review.
• Appropriation of $138,795 from HEPACO, LLC for commercial fire response cost recovery.
• Authority to apply for $75,000 (law enforcement equipment) and $100,000 (public safety programs) in Edward Byrne Memorial Justice Assistance Grants.
• Authority to apply for a $275,000 grant from the Opioid Abatement Authority for a regional mobile care unit.
• Appropriation of $290,385 in program income from the HOME Investment Partnership Program.
• Resolution petitioning VDOT to add/remove streets from the Urban Highway System and make maintenance payments.
• Council Member Newins disclosed her spouse is a Fire Department employee for item #1; she was allowed to participate. All consent items were approved 9-0.

Public Comments & Testimony

• Industrial Waterfront Study (Public Hearing): Markiella Moore (resident of Washington borough) expressed support for the study but urged council to conduct a flooding study for neighborhoods identified in the Resilient Area Plans before developing equitable strategies, recommending engagement with the Army Corps of Engineers.
• New Business Item C (Lobbying Disclosure): Several speakers (Jeff Staples, Jean Carideo, A.P. Brittain, Blaizen Bloom) spoke in favor of Council Member Ike’s resolution to require disclosure of paid lobbyists, emphasizing transparency and trust. Vic Nicholls also commented on various agenda items, urging inclusion of in-kind donations.
• Non-Agenda Speakers: Eleven speakers addressed the council on various topics:
  • Vic Nicholls (self) – concealed carry fee procedures, budget codes, road maintenance.
  • Clifton Randolph (New Chesapeake Men for Progress Education Foundation) – called for a ward-based election system and more interactive town halls.
  • Dr. George Reed (New Chesapeake Men for Progress) – argued at-large voting suppresses minority votes, citing recent court rulings.
  • Jennifer Naperala (self) – criticized council’s decision to exclude early voting at the Cuffey Center and urged a ward system.
  • Jean Carideo (self) – supported ward voting for better representation of distinct neighborhoods.
  • Jeff Deneau (self) – raised concerns about yard debris left by unlicensed companies and costs to the city.
  • Les Smith (Chesapeake Leads) – urged a ward system for City Council and School Board.
  • Blaizen Bloom (self) – cited federal voting rights cases and argued a ward system would increase engagement.
  • Daniel Rosinski (self) – supported ward-based elections for accountability.
  • Maxine Porcher (Cedar Lakes Community) – requested a traffic light at Cedar Road and Cedar Lakes Drive.
  • Jamell Shaheer (self) – supported ward system and offered to serve on an exploratory committee.

Discussion Items

• #24-R-013 – Industrial Waterfront Study (Public Hearing): Planning Director James McNamara presented the staff recommendation. The study, dated February 27, 2024, amends the 2035 Comprehensive Plan. It addresses industrial waterfront land use, flooding adaptation, and community engagement. Council Member Newins asked about flooding strategies for nearby residential properties; staff noted the study includes actionable strategies but emphasized the need for future resilient area plans. The resolution was approved 9-0.
• Regular Agenda Item #6 – Appropriation for Bond Issuance Costs: $2 million to the Chesapeake Transportation System FY 2024 operating budget for possible refunding of 2012A bonds. Approved 9-0.
• Regular Agenda Item #7 – Chesapeake Correctional Center Renovations (3 parts):
  • A. Resolution requesting state approval for renovations and 25% cost reimbursement. Approved 9-0.
  • B. Creation of new CIP “Chesapeake Correctional Center Building 18 Renovations”. Approved 9-0.
  • C. Transfer of $1,048,424 from the “Jail Expansion” CIP. Council Member Newins thanked Sheriff’s Office for a tour, noting the renovations will help inmates with mental illness. Approved 9-0.
• New Business Item A – Home Occupations Zoning Amendments: Initiating resolution to permit Level I home occupations in all residential dwelling types and conditionally allow Level II. Approved 9-0.
• New Business Item B – R-6 Development in Urban Overlay District: Initiating resolution to permit R-6 residential development with certain requirements. Approved 9-0.
• New Business Item C – Lobbying Disclosure (Original & Substitute Motions): Council Member Ike moved to initiate a zoning ordinance amendment requiring disclosure of paid lobbyists. After debate, Council Member Whitaker offered a substitute motion to direct the city manager to administratively change planning applications to include the disclosure. Council Member Newins argued this would be faster. Council Member Ike opposed, stating a zoning ordinance change would be more permanent and require public process. The substitute motion passed 6-3 (Bunn, de Triquet, Newins, Ritter, West, Whitaker yes; Carey, Ike, Ward no). The city attorney confirmed penalties for false certification ($150 first offense, $250 subsequent) would apply in either case.
• Other New Business: Council Member Ritter requested staff explore an ordinance to address squatters. Council Member Ward commended Dillard’s for a charity event benefiting Norfolk State University. Council Member Whitaker congratulated Southside BBQ for being ranked #4 best barbecue in Virginia by Southern Living.

Key Outcomes

• Approved the Industrial Waterfront Study (9-0) and the resolutions/appropriations for correctional center renovations (9-0 each).
• Approved consent agenda (9-0) and regular agenda item #6 (9-0).
• Approved initiating resolutions for home occupations (9-0) and R-6 development in urban overlay (9-0).
• Substitute motion for lobbying disclosure passed 6-3; city manager directed to administratively amend planning applications.
• Appointments: Elizabeth Hinton (Bicycle/Trails Advisory Committee); Michael Thibeault (Southeastern Virginia Alcohol Safety Action Program) by 6-3 vote over La’Toya Hines; Shirley Auguste and Samuel Warren reappointed and Dominique Moody and Matthew Morse appointed to Transportation Toll Facility Advisory Committee (9-0).
• Closed meeting convened at 7:47 p.m. to discuss “Ongoco v. City of Chesapeake” litigation; reconvened at 7:53 p.m.; certification approved 9-0.
• Mayor West asked the city manager to follow up on Jeff Deneau’s trash concerns and update Maxine Porcher on the Cedar Lakes traffic signal, which is included in the proposed budget.