Chesapeake City Council Regular Meeting - September 10, 2024

The Chesapeake City Council held a regular meeting on September 10, 2024, at 6:30 PM in the City Hall Council Chamber. All eight present council members (Vice Mayor de Triquet excused) approved the agenda, which included presentations, a public hearing, consent agenda, regular agenda items, and new business. Key actions included multiple police code amendments, infrastructure funding approvals, a contentious debate on alcohol sales at parks, and several public comments on city services.

Consent Calendar

• Acknowledgement of a rezoning application for Arete Academy (1.3 acres at 401 Waters Road) to amend proffers, tentatively scheduled for Planning Commission October 9, 2024, and future Council consideration.
• Refund to Cedar Property LLC of $16,277.16 (FY2022-2023) and $11,933.15 (FY2023-2024).
• Resignations: Jennifer Fly (Animal Services Advisory Board), Whitney Katchmark and Dawn Kennedy (Chesapeake Bicycle/Trails Advisory Committee), Terri McManus (Chesapeake Integrated Behavioral Healthcare Board).
• Authorized City Manager to apply for Federal Railroad Administration Railroad Crossing Elimination Grant funds (Public Works).
• Endorsed and supported SMM Southeast LLC (doing business as Sims Metal) application for $450,000 in Industrial Access Railroad Funds from Virginia Department of Rail and Public Transportation (Economic Development).
• Appropriated $1,304,843 in additional State of Good Repair funds from VDOT to the Oaklette Bridge Repairs Capital Improvement Project (Public Works).
• Appropriated $55,608 additional funds from Garcia Development to Public Works Resurfacing Operating Budget.
• Appropriated $1,715 from General Fund to “Chesapeake CARES/CAST Building Renovation” Capital Improvement Project (Chesapeake Integrated Behavioral Healthcare).
• Annual submission of delinquent and uncollectible tax lists from City Treasurer (City Attorney).

Public Comments & Testimony

• Non-Planning Public Hearing (Item 7A): No speakers were registered. Council unanimously approved an ordinance authorizing the City Manager to execute a deed of vacation for utility easements at 1030 Ruritan Boulevard (Public Utilities).
• Citizens’ Comments on Agenda Items:
  • Vic Nicholls (self): Expressed support for enforcement of disabled parking, concern about who pays for expanded sanitation district (resident vs. commercial), strong support for Buffalow Family and Friends (trusting them over council with funds), opposition to raising parking fees to $25 (said people will stop going), and called for disclosures of campaign donations, building streets before subdivisions, and divulging true water/sewer costs.
  • Nischelle Buffalow (Buffalow Family and Friends): Spoke in support of City Manager Item 10, stating September is Hunger Action Month and requesting approval of $400,000 pass-through funding from VDSS to feed vulnerable populations. Asked council to stand with grassroots organizations.
• Non-Agenda Speakers:
  • Vic Nicholls (self): Criticized council for focusing on lawyers and developers rather than water, roads, sewer, traffic lights; cited 90% of inflation from housing costs; questioned single-family zoning bans; suggested studying mobile overpass bridges for road repairs; urged action on street signs and solar panels.
  • Tommy Hart (self): Described a vandalism incident to his trucks (August 2023) and alleged inadequate investigation by Chesapeake Police Department, claiming case closed without proper follow-up. He later identified the juveniles and parents paid for damage. He called for weeding out ineffective officers.
  • Jim Keiper (self): Presented concerns about Wi-Fi and hotspot activity on voting machines at Precinct 42 (Heath Church) during 2024 elections, claiming anomalies when switching from scanning to tabulation mode. He stated he had raised the issue with the registrar and delegate Cliff Hayes, who acknowledged internet connectivity could allow vote changing.
  • Sharon Davis (self): Requested enforcement of commercial vehicle parking ordinance at 841 Kempstille Road. She reported a lawn care business vehicle parked in exchange for lawn mowing at a vacant house since April 2024; the vehicle blocks her view and is an eyesore. She asked council to direct city inspectors to confirm the driver is not a resident and remove the vehicle, or clarify the ordinance.

Discussion Items

• Ordinances 24-O-097, 24-O-098, 24-O-099 (Police Department): All three ordinances passed unanimously with no discussion: (1) Amending Chapter 74 by enacting Section 74-197 to prohibit all-terrain vehicles and off-road motorcycles on streets; (2) Amending Section 74-243 to allow removal of offending vehicles in lieu of a summons; (3) Amending Section 74-250 similarly for vehicle removal provision.
• Request to Expand Hampton Roads Sanitation District Service Area to Chesapeake Regional Airport and Landing West (Public Utilities): Unanimously approved without discussion.
• Buffalow Family and Friends, Inc. (Item 10): Two-part action: (A) Resolution authorizing City Manager to execute a Memorandum of Agreement with VDSS for state funding; (B) Request to accept and appropriate $400,000 from VDSS for FY2025. Council Member Carey disclosed his role as Chair of State Board of Social Services (no conflict confirmed). Council approved both parts unanimously. On part B, Council Member Ritter moved to approve as an emergency to allow immediate distribution upon receipt of state funds; City Manager clarified that without emergency, funds would be delayed 30 days. Emergency approval passed 8-0.
• Chesapeake Expressway Overhead Structure/DMS Replacement (Item 11): Established new CIP and transferred $1,350,000 from Expressway Repaving Phase I project. Approved unanimously.
• New Business Item A – Parks Code Amendments (Parking Fees and Alcohol Sales): Proposed amendments to City Code Chapter 50 to allow parking fees up to $25 and alcoholic beverage sales at permitted events at Heritage Park, Historical Village at the Dismal Swamp, and Great Bridge Battlefield and Waterways Museum. Extensive discussion:
  • Council Member Carey moved to approve as an emergency but with a modification to remove the Historical Village at the Dismal Swamp from the alcohol sales provision, to allow further discussion on safeguards. Council Member Ward seconded.
  • Council Member Ward spoke passionately against alcohol at the Historical Village, noting the Cornland School restoration (elementary education focus) and the $9 million fundraising effort. She requested permanent removal.
  • Council Member Newins suggested council could give staff guidance on permitted events; City Manager indicated openness to that.
  • Council Member Ritter asked Parks Director Michael Barber about parking fees: fees are only for special events, up to $25, consistent with regional practices, approved through special event permit process. Regarding alcohol, Barber explained the extensive ABC license and security requirements, noting few requests currently.
  • Elizabeth Goodwin, Executive Director of Great Bridge Battlefield Foundation, spoke in support of allowing alcohol sales, stating fundraising events (e.g., Valentine’s wine and cheese) are limited to small indoor space; outdoor sales would expand opportunities.
  • Council Member Ritter suggested leaving in the Superintendent’s House (once restored) as a potential alcohol venue; Council Member Carey declined to amend his motion, wanting further discussion.
  • City Manager Price stated staff recommends removing the Historical Village and would not bring it back unless directed by Council.
  • Council Member Ike confirmed with City Attorney that future council action could add the Superintendent’s House.
  • Council Member Whitaker requested striking hard liquor from consideration, favoring beer and wine only.
  • Final motion: Approve ordinance as amended (excluding Historical Village at the Dismal Swamp) and as an emergency. Passed 8-0.
• Proposed Council Code of Ethics: Council Member Ike moved to adopt and incorporate the City Employee Code of Ethics into Council’s Rules of Order and Procedure. City Attorney Lindley noted that amending the rules requires a two-thirds vote and must follow Section 26 (submission at a regular meeting, then docketed for next meeting). Council Member Ike withdrew his motion and agreed to place it on the next agenda under City Attorney’s item.
• Council Member Newins’ Updates: Reported receipt of a broadband project report; praised community support for lemonade stand theft victims and fire department mutual aid; requested updates on SIPS and Great Bridge Village Plan stakeholder group; suggested installing 988 mental health crisis signs on the Jordan Bridge and other frequent locations.

Key Outcomes

• All votes were unanimous (8-0) except where noted. Vice Mayor de Triquet was excused.
• Public Hearing Item 7A: Approved ordinance authorizing vacation of utility easements at 1030 Ruritan Boulevard.
• Consent Agenda: Approved as presented, including funding appropriations, tax lists, and acknowledgements.
• Regular Agenda Items 6,7,8: All three police code amendments approved.
• Regular Agenda Item 9: Expanded sanitation district service area approved.
• Regular Agenda Item 10: Two actions for Buffalow Family and Friends approved (resolution and $400,000 emergency appropriation).
• Regular Agenda Item 11: Established “Chesapeake Expressway Overhead Structure/DMS Replacement” CIP with $1,350,000 transfer.
• New Business Item A: Approved code amendments for parking fees (up to $25) and alcohol sales at Heritage Park and Great Bridge Battlefield & Waterways Museum, excluding the Historical Village at the Dismal Swamp. Enacted as an emergency.
• Council Code of Ethics: Placed on next meeting’s agenda for formal consideration.
• City Manager directed to follow up with Sharon Davis regarding commercial vehicle parking enforcement.
• Council Member Newins requested staff provide updates on SIPS, broadband report, Great Bridge Village Plan stakeholder group, and installation of crisis hotline signs.