Chesapeake City Council Regular Meeting – October 22, 2024

The Chesapeake City Council held its regular meeting on October 22, 2024, at 6:30 p.m. in City Hall Council Chamber. All nine council members were present. The meeting included a presentation recognizing first responders, two public hearings, a consent agenda, regular agenda items, citizens' comments, board appointments, and new business. Key decisions included approval of a $38.96 million bond issuance, consolidation of erosion and stormwater regulations, and a contentious debate over the date for a special election to fill the sheriff vacancy.

Presentation

• Fire Chief Gulisano recognized members of FEMA Task Force 2, the State Radio Cache, and the Hampton Roads Incident Management Team for deployments to Florida, Texas, North Carolina, and western Virginia after Hurricanes Helene and Milton. Nineteen personnel deployed. The Chief thanked the council for support.

Public Hearing Items

• Item A: Ordinance authorizing $38,960,000 in General Obligation Public Improvement Bonds. Vic Nicholls (self) spoke, cautioning about inflation and credit risk, stating taxpayers are “tanked out.” Council approved the ordinance 9-0.
• Item B: Resolution approving an unsolicited proposal by Philmont Avenue, LLC to construct sewer and other utility facilities under the Public-Private Educational Facilities and Infrastructure Act. No public speakers. Council approved 9-0.

Consent Agenda

• Approved three items unanimously:
  1. Transfer of $600,000 from part-time salaries to contractual services within Parks, Recreation and Tourism FY 2025 operating budget.
  2. Application for $28,500 in Urban Forestry Grant funds from the USDA Forest Service.
  3. Modification of scope of the “Emergency Vehicle Storage Facility” capital improvement project to relocate the facility.

Regular Agenda

• City Manager Item (4): Ordinance amending City Code Chapter 26 to repeal Article III (Erosion and Sediment Control) and establish a consolidated Article VII (Erosion and Stormwater Management Program) to conform with state law. Adopted as an emergency action effective November 1, 2024, by a 9-0 vote.
• City Attorney Item (1): Resolution to petition the Circuit Court for a writ of election to fill the constitutional office of Chesapeake Sheriff upon the retirement of Sheriff James O’Sullivan. Jeremiah Harrell (representing Sheriff’s Office) spoke in opposition, citing past precedent and fiscal responsibility. Council debated whether to request a special election on April 22, 2025, or rely on the next general election on November 4, 2025.
  • Vice Mayor de Triquet offered a substitute motion to request April 22, 2025, citing an uncluttered electoral process. Council Members Bunn, Ike, and Ward opposed, citing a quarter-million-dollar cost for a standalone election. The substitute motion failed 4-5 (yes: de Triquet, Newins, Ritter, Whitaker; no: Bunn, Carey, Ike, West, Ward).
  • The original motion for November 4, 2025, passed 6-3 (yes: Bunn, Carey, Ike, Ritter, Ward, West; no: de Triquet, Newins, Whitaker). City Attorney Lindley clarified that the court has final discretion on the date.

Citizens’ Comments on Agenda Items

• Vic Nicholls (self) spoke on City Manager Item 3 and City Attorney Item 1, opposing a special election as costly.
• Jeremiah Harrell (Sheriff’s Office) opposed the election resolution, noting past practice.
• Harold Fannell, Sandy Hill, Patrick Murray, Philip Van Cleave, Patricia Webb, Aaron Kubat (various) spoke in support of reconsideration of New Business Item A (small arms repair).

New Business

• Item A: Request for reconsideration of PLN-USE-2024-024 (DBG Small Arms Repair, a conditional use permit for a home-based gunsmithing business on a 0.3-acre parcel). The original motion to approve failed 4-5 on October 15, 2024. Reconsideration was requested by Council Members Ritter, Newins, and Whitaker. Council Member Ritter moved to place the item on the November 19, 2024 agenda. Council Member Newins clarified her support. The motion passed 7-2 (yes: Bunn, Carey, Ike, Newins, Ritter, West, Whitaker; no: de Triquet, Ward).

Appointments to Boards and Commissions

• Council approved slates for eight boards/commissions by unanimous consent, including:
  • Airport Authority: Dr. Charles Curran, Carole Howland; one vacancy continued.
  • Chesapeake Bay Preservation Area Board: Blaizen Bloom, Jillian Sunderland, Victoria Thomas, Jason Baines.
  • Chesapeake Hospital Authority: Dee Gilmore, Dr. Harold Marioneaux, Vonda Chappell, Bill Mitchell.
  • Planning Commission: Jennifer Gilman, Michael Malone, Nathaniel Williams.
  • South Norfolk Revitalization Commission: Amberlee Conwell; one vacancy continued.
  • Chesapeake Agricultural Advisory Commission: Antonio Taylor (Farm Bureau); three vacancies continued.
  • Chesapeake Community Criminal Justice Board: Judge David Jones.
  • Library Board: Synnika Lofton.

Citizens’ Comments on Non-Agenda Items

• Vic Nicholls (self) criticized council’s ethics rules and conflicts of interest on boards.
• Serjo Romero (self) objected to removal of campaign signs from city property, citing First Amendment rights.
• Ryan Gorell (self) requested reevaluation of a sign placement for an autistic child in Knox Farm.
• Ron Geyer (Riverwalk Architectural Standards Committee) thanked the permits department for enforcing HOA approvals.
• Markiella Moore (representing Driftwood Meadows, River Pines, Fernwood Farms, Riverwalk) formally requested a flood study by the Army Corps of Engineers, referencing increasing flood risk and alignment with the city's comprehensive plan.

Unfinished Business

• Council Member Ritter requested updates on: (1) stoplight at Cedar Lakes Drive, (2) installation of agricultural equipment signs on rural roads, (3) status of Crest Harbor, and (4) consideration of a flood mitigation study.
• Council Member Whitaker requested staff revisit the city sign ordinance, citing concerns about First Amendment rights.

Key Outcomes

• Approved: $38.96M bond issuance (9-0).
• Approved: Philmont Avenue sewer project resolution (9-0).
• Approved: Consent Agenda (9-0).
• Approved: Erosion and Stormwater Management ordinance as emergency (9-0).
• Approved: Resolution to petition for writ of election on November 4, 2025 (6-3). Substitute motion for April 22, 2025 failed (4-5).
• Approved: Reconsideration of small arms repair conditional use permit placed on November 19, 2024 agenda (7-2).
• Appointments: Slates for eight boards/commissions approved by unanimous consent.
• Directives: City Manager to follow up on sign ordinance, flood mitigation options, and specific community requests.