A Regular Work Session of the Chesapeake City Council was held February 13, 2018 at 4:30 p.m., in the City Hall Building, 306 Cedar Road.

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1 City Council Work Session February 13, 2018 A Regular Work Session of the Chesapeake City Council was held February 13, 2018 at 4:30 p.m., in the City Hall Building, 306 Cedar Road. Present: Absent: Council Member Lonnie E. Craig Council Member Roland J. Davis, Jr. Vice Mayor John de Triquet Council Member Suzy H. Kelly Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Mayor Richard Rick W. West Council Member Robert C. Ike, Jr. (excused) Present from Administration: City Manager James Baker, City Attorney Jan Proctor, Commissioner of the Revenue Frank King, Deputy City Manager Laura Fitzpatrick, Deputy City Manager Robert Geis, City Clerk Sandy Madison, Real Estate Assessor Greg Daniels, Parks, Recreation and Tourism Director Michael Barber, Administrative Assistant III Nicole Benson and other staff members. The following topics were discussed during the Work Session: 1. Upcoming Agenda Items 2. Update Property Appraisals 3. Limit Machinery/Tool Tax-Data Centers 4. BPOL Tax Reduce Threshold 5. Merging Advisory Boards/Commissions Parks, Recreation and Tourism The Work Session adjourned at 5:40 p.m. /jnf

2 Regular City Council Meeting February 13, 2018 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Richard Rick W. West on February 13, 2018 at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Council Member Ella P. Ward PLEDGE OF ALLEGIANCE: Boy Scout Troop 800, Greenbrier Presbyterian Church ROLL CALL BY CLERK OF COUNCIL: Present: Absent: Council Member Lonnie E. Craig Council Member Roland J. Davis, Jr. Vice Mayor John de Triquet Council Member Suzy H. Kelly Council Member Dwight M. Parker Council Member S.Z. Debbie Ritter Council Member Ella P. Ward Mayor Richard Rick W. West Council Member Robert C. Ike, Jr. Present from the Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Robert Geis, City Clerk Sandy Madison, Fire Chief Ed Elliott, Planning Director Jaleh Shea and other staff members. APPROVAL OF MINUTES Mayor West congratulated Council Member Kelly on being elected Chair of the Virginia Chamber of Commerce. Mayor West stated that the minutes for the Work Session and Regular Meeting of December 19, 2017, Regular Meeting of January 9, and Work Sessions and Regular Meetings of January 16 and 23, 2018 were presented for approval. Vice Mayor de Triquet, on a motion seconded by Council Member Parker, moved approval of the minutes for the Work Session and Regular Meeting of December 19, 2017, Regular Meeting of January 9, and Work Sessions and Regular Meetings of January 16 and 23, 2018, as presented. On the motion to approve the minutes for the Work Session and Regular Meeting of December 19, 2017, Regular Meeting of January 9, and Work Sessions and Regular Meetings of January 16 and January 23, 2018, as presented, voting yes: Mayor West relinquished the gavel to Vice Mayor de Triquet. PRESENTATION MAYOR S YOUTH DAY Council Mayor West invited Student Mayor Trenton Whitfield and his parents, Chesapeake Youth Committee Chair Michael Lamonea and Community Programs Administrator Mary Riley to join him at the podium. Youth Day. Mayor West read the proclamation designating February 28, 2018 as Mayor s

3 Student Mayor Trenton Whitfield thanked Mayor West, City Council and other staff members for the opportunity to learn about the operations of City government. Mayor West thanked Mr. Lamonea and Mrs. Riley for their hard work and presented Mrs. Riley with the proclamation. APPLICANTS, AGENTS, & CITIZENS COMMENTS ON THE PUBLIC HEARING ITEMS City Clerk Madison stated that there were no speakers prior to the presentation of the Public Hearing Items. COUNCIL S CONSIDERATION OF THE PUBLIC HEARING ITEMS Planning Public Hearing Item A. PLN-USE Hickory Solar Farm APPLICANT: New Energy Ventures, Inc. AGENCY: North Ridge Resources, LLC PROPOSAL: A conditional use permit to allow a solar energy facility on a acre parcel. ZONE: A-1, Agricultural District LOCATION: On Ballentine Road, approximately 5000 feet east from the intersection of Ballentine Road and Battlefield Blvd. TAX MAP SECTION/PARCEL: BOROUGH: Butts Road (Continued from the June 20, September 19, December 19, 2017 and January 23, 2018 City Council meetings) Planning Commission recommends approval with the following stipulations: 1. The applicant/owner shall construct a City Standard Commercial Entrance, CG-11A to access the site prior to issuance of a Certificate of Occupancy. The entrance shall be constructed at the intersection of Battlefield Boulevard South and Ballentine Road and shall be depicted on the final site construction plan which is subject to review and approval of the Director of Development and Permits, or designee. In addition, a closure and restoration plan shall be a required component of the final site construction plan. 2. The applicant/owner shall submit a Landscape Plan pursuant to the Chesapeake Zoning Ordinance prior to final construction plan approval. Said plan shall be subject to the review and approval of the City s Landscape Coordinator. Said plan shall consist of the following: a modified Buffer Yard E along the entirety of the property line, consisting of small and medium canopy trees that are at least 6 feet in height, shrubs that are in a minimum industry standard 3 gallon container at planting, and a solid evergreen buffer along the entirety of the property line adjacent to the residential properties to screen the use. The solid evergreen buffer shall include trees that are at least 8 feet in height at time of planting, and shrubs that are in a minimum industry standard 3 gallon container at time of planting. All plant materials shall be subject to the review and approval of the City s Landscape Coordinator and shall be installed prior to the issuance of a Certificate of Occupancy for the use. The applicant/owner shall also install and maintain a 6 foot security fence around the entire perimeter of the solar farm prior to the issuance of a Certificate of Occupancy for the use. 3. The applicant/owner shall obtain a valid Run-Off Control Permit from the Department of Public Utilities prior to the approval of construction plans. 4. The applicant/owner shall obtain all required permits and approvals from the Department of Development and Permits prior to the installation of the security fence and storage shed. 2

4 5. The applicant/owner agrees that all power lines transferring the power generated from the property to the existing Dominion Virginia Power distribution system on Battlefield Boulevard South, which are both on-site and off-site, shall be placed underground unless the applicant/owner provides written correspondence from Dominion Virginia Power which requires the lines to be placed above ground to the Zoning Administrator. 6. The applicant/owner agrees that the proposed use shall utilize SMA EV-US, SMA 2500-EV-US or an alternative solar panel inverter approved by the Navy and in compliance with the Navy s Electromagnetic Interference (EMS) assessment. 7. The approval of this Conditional Use Permit is limited to the applicant only. 8. The applicant/owner shall provide written notice to the Director of Development and Permits or designee at least 30 days in advance of the cessation or abandonment of this use. Within 180 days of the cessation or abandonment of this use, the applicant/owner shall remove all photovoltaic systems (including but not limited to inverters, modules/solar panels, solar trackers) and all other structural elements related to the photovoltaic system use. The applicant/owner shall also restore the property to its pre-use grade, as approved by the Director of Development and Permits or designee, within the referenced 180 days. 9. Prior to receiving a certificate of occupancy, an Emergency Management Plan (EMP) will be provided to, and subject to the approval of, the Director of Development and Permits for the solar energy facility. The goal of this EMP is to provide safety guidelines and procedures for potential emergency-related incidents during all phases of the life of the facility (construction, operation, and decommissioning). The EMP shall cover at minimum emergency communications and training, theft and vandalism, inclement weather, high voltage equipment, and fire safety and prevention. 10. The applicant/owner shall maintain insurance for the duration of the use. The applicant/owner shall provide to the City Attorney a certificate of insurance providing General Liability Insurance which shall include at least the following information: (i) the name of the insurance company, policy number and expiration date; and (ii) the coverage and limits on coverage and including the amount of deductibles or self-insured retentions with a minimum limit of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, combined single limit, for bodily injury (including death) or property damage and Environmental Impairment insurance with minimum limits of $1,000,000 per occurrence. The certificate of insurance shall be provided to the City Attorney prior to the issuance of a certificate of occupancy. 11. The applicant/owner agrees that the solar array shall be designed to withstand 120 mph wind speeds, as depicted on the approved final site plan. 12. The applicant/owner agrees that the proposed solar energy facility shall only use mono-crystalline or poly-crystalline photovoltaic (PV) technology. This stipulation shall be included as a condition on the final site plan. 3

5 The applicant submitted the following additional stipulations dated January 22, 2018: Additional Stipulations 13. In light of tax exemptions afforded to solar facilities in Virginia and in an effort to promote and preserve agricultural lands, the applicant/owner agrees to make an annual contribution of fifty thousand dollars ($50,000.00) to the City of Chesapeake s Open Space and Agricultural Preservation Program or similar program as approved by the Director of Planning or designee. The first contribution shall be paid prior to the issuance of a certificate of occupancy for this use and each annual contribution shall be paid every twelve (12) months thereafter. 14. The applicant/owner agrees to manage the vegetation on site without the use of herbicides, unless the treatment is approved by the City s Landscape Coordinator. Modified Stipulation 2. The applicant/owner shall submit a Landscape Plan pursuant to the Chesapeake Zoning Ordinance prior to final construction plan approval. Said plan shall be subject to the review and approval of the City s Landscape Coordinator. Said plan shall consist of the following: a modified Buffer Yard E along the entirety of the property line, consisting of small and medium canopy trees that are at least 6 feet in height, shrubs that are in a minimum industry standard 3 gallon container at planting, and a solid evergreen buffer along the entirety of the property line adjacent to the residential properties to screen the use. The solid evergreen buffer shall include trees that are at least 8 feet in height at time of planting, and shrubs that are in a minimum industry standard 3 gallon container at time of planting. All plant materials shall be subject to the review and approval of the City s Landscape Coordinator and shall be installed prior to the issuance of a Certificate of Occupancy for the use. The applicant/owner shall also install and maintain a 6 foot security fence around the entire perimeter of the solar farm prior to the issuance of a Certificate of Occupancy for the use. Said fence shall be between six (6) to ten (10) feet in height. The fence shall not exceed six (6) feet in height unless the applicant/owner receives the approval of a variance from the Board of Zoning Appeals. In no case shall the solar panels exceed the height of the security fence. City Clerk Madison presented the item and stated that additional stipulations and a modified stipulation had been submitted by the applicant on January 22, Vice Mayor de Triquet relinquished the gavel back to Mayor West. Mayor West recognized Council Member Davis, who read the following Statement of Abstention into the record: I am abstaining from participating in Public Hearing Item A (Hickory Solar Farm) based on my ownership of stock in Dominion Energy, which is a potential purchaser of the energy generated by this facility. I have a personal interest in the transaction as defined in the Conflict of Interests Act and, therefore, I am disqualified from participating in this matter. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speakers in support of Planning Public Hearing Item (A): Ken Niemann, 2701 Farm Road, Alexandria, Virginia, representing New Energy Ventures, Inc. 4

6 Richard Burroughs, 1081 S. Bayshore Drive, Virginia Beach, representing self. Alden Cleanthes, 2528 Hanover Lane, representing self. Gary Ball, 1319 Walnut Avenue, representing self. Jeff Staples, 1453 Boxwood Drive, representing self. Jane Price, 1227 Cool Brook Trail, representing self. Michael Manard, 1227 Cool Brook Trail, representing self. Tom Kennedy, 216 Sparrow Road, representing self. Rogard Ross, 3800 Rivercrest Place, representing self. Blaizen Bloom, 308 Albert Avenue, representing self. Eric Beaver, 7404 Rebel Road, Norfolk, representing self. Clayton Hanson, 4617 Backwoods Road, representing self. Judy Hinch, 424 Shorebird Lane, representing self. City Clerk Madison identified the following speakers in opposition to Planning Public Hearing Item (A): Victoria Nicholls, 1124 Mill Lake Quarter, representing self. Joseph Tuinstra, 901 Head of River Road, representing self. Larry Crum, 925 Land of Promise Road, representing family. Mayor West relinquished the gavel to Vice Mayor de Triquet. Mayor West, on a motion seconded by Council Member Craig, moved approval of PLN-USE , with stipulations as presented, and with additional stipulations #13 and #14 and modified stipulation #2, dated January 22, Mayor West stated that the technology industry had made a full commitment to renewable energy across the country. Opining that alternative energy sources were essential in attracting technology companies to establish business in Chesapeake, Mayor West expressed his full support of the item. There was no additional discussion. On the motion to approve PLN-USE , with stipulations as presented, and with additional stipulations #13 and #14 and modified stipulation #2, dated January 22, 2018, voting yes: Council Members Craig, Parker, Ward and West. Voting no: Council Members de Triquet, Kelly and Ritter (Council Member Davis abstained) (Council Member Ike excused) Vice Mayor de Triquet relinquished the gavel back to Mayor West. Non-Planning Public Hearing Item B. #18-R-006 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH REED JACKSON AND CARNA JACKSON FOR APPROXIMATELY ACRES OF LAND OWNED BY THE CITY OF CHESAPEAKE LOCATED AT 1653 MOUNT PLEASANT ROAD, CHESAPEAKE, VIRGINIA, TAX MAP PARCEL City Clerk Madison presented the item and identified the following speaker for comments on Non-Planning Public Hearing Item (B): Victoria Nicholls, 1124 Mill Lake Quarter, representing self. Vice Mayor de Triquet, on a motion seconded by Council Member Parker, moved approval of the Resolution, as presented. 5

7 On the motion to approve the Resolution, as presented, voting yes: Council CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Madison identified the following speakers: Victoria Nicholls, 1124 Mill Lake Quarter, representing self, speaking on City Clerk Item 3 (A), Unfinished Business Item (A), and New Business Items (A) and (B). Richard Campbell, 129 N. Saratoga Street, Suite 3, Suffolk, for questions only regarding City Manager Items 5 (A) and (B). CONSENT AGENDA City Clerk Madison read the Consent Agenda items into the record. City Clerk Items (1) REFUNDS A. Alexander L. and Hope T. Lambert $12, B. Tamika Quinn $8, C. David Eric Nelson $8, (2) RESIGNATION A. Carolyn Riley Chesapeake Fine Arts Commission and Public Art Committee (3) ACKNOWLEDGEMENT ACKNOWLEDGEMENT FOR REZONING APPLICATION: Public necessity, convenience, general welfare and good zoning practice requires the following zoning reclassification request to be acknowledged. A. PLN-REZ New Mill Creek Conservation APPLICANT: Thomas Tye PROPOSAL: A conventional zoning reclassification of approximately acres from M-1, Light Industrial District to C-1, Conservation District to create a tidal wetlands mitigation bank. PROPOSED COMP LAND USE / DENSITY: Conservation EXISTING COMP LAND USE / DENSITY: Suburban Mixed Use with less than 10 dwelling units per acre LOCATION: 174 Sampson Creek Road. TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek City Manager Items (1) REQUEST FOR THE ACCEPTANCE OF, AND TRANSFER FROM THE GRANTS CONTINGENCY FUND, $130,000 IN CABLE TELEVISION FRANCHISE FEES-DEPARTMENT OF PUBLIC COMMUNICATIONS (2) REQUEST FOR THE ACCEPTANCE OF $4,800 OF VIRGINIA DEPARTMENT OF FORESTRY GRANT FUNDS, AND THE TRANSFER OF ANY NECESSARY FUNDS FROM THE GRANT CONTINGENCY FUND TO THE DEPARTMENT OF HUMAN SERVICES/DIVISION OF COMMUNITY PROGRAMS- DEPARTMENT OF HUMAN SERVICES (3) REQUEST FOR THE ACCEPTANCE OF, AND TRANSFER FROM THE GRANTS CONTINGENCY FUND, $69,766 IN VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT FY 2017 STATE HOMELAND SECURITY GRANT FUNDS TO THE POLICE DEPARTMENT-CHESAPEAKE POLICE DEPARTMENT 6

8 (4) #18-O-007 REQUEST FOR APPROPRIATION OF $16,667 FOR PAYMENT IN SUPPORT OF THE 757 ACCELERATE REGIONAL ECONOMIC DEVELOPMENT INITIATIVE DEPARTMENT OF ECONOMIC DEVELOPMENT Mayor West asked if there were any items City Council Members wished to have removed from the Consent Agenda for consideration under the Regular Agenda. There were none. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the Consent Agenda, as presented. On the motion to approve the Consent Agenda, as presented, voting yes: Council REGULAR AGENDA City Manager Item (5) CONSIDERATION OF A PROPOSED DOCK LANDING FIRE STATION #11 REPLACEMENT TO BE LOCATED AT 1912 OLD JOLLIFF ROAD-DEPARTMENT OF PUBLIC WORKS/CHESAPEAKE FIRE DEPARTMENT A. #18-R-005 RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A SALES AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY CONTAINING APPROXIMATELY 2.4 ACRES, MORE OR LESS, OWNED OR TO BE ACQUIRED BY COASTAL VIRGINIA DEVELOPERS, LLC, LOCATED AT 1912 OLD JOLLIFF ROAD, IDENTIFIED AS A PORTION OF TAX MAP PARCEL NUMBER DEPARTMENT OF PUBLIC WORKS/CHESAPEAKE FIRE DEPARTMENT City Manager Baker presented the item. Council Member Parker, on a motion seconded by Council Member Craig, moved approval of the Resolution, as presented. At the request of Council Member Ward, City Manager Baker called Fire Chief Ed Elliott to the podium to provide additional information on the proposed fire station. Council Member Parker queried Chief Elliott about the size of the proposed fire station and plans for replacement of the fire station in Deep Creek. Chief Elliott answered that the proposed fire station would be a smaller community neighborhood model. He further stated that replacement of the Deep Creek fire station was in the current Capital Budget. Council Member Davis inquired about the zoning status of the property and whether there were any contingencies for the zoning status of adjacent property. City Attorney Proctor replied that although there were no zoning contingencies, some property would be reserved by Coastal Virginia Developers for by-right residential development, as deemed by its zoning status of R-15s. There was no additional discussion. On the motion to approve the Resolution, as presented, voting yes: Council 7

9 B. #18-O-008 REQUEST TO REVISE THE CAPITAL IMPROVEMENT PLAN AND AMEND THE CAPITAL IMPROVEMENT BUDGET TO APPROPRIATE $330,000 FOR THE ACQUISITION OF PROPERTY NECESSARY FOR THE RELOCATION OF DOCK LANDING FIRE STATION #11-DEPARTMENT OF PUBLIC WORKS/FIRE DEPARTMENT City Manager Baker presented the item. Council Member Ward, on a motion seconded by Council Member Parker, moved approval of the Request, as presented. On the motion to approve the Request, as presented, voting yes: Council City Attorney Items (1) #18-O-009 AN ORDINANCE AMENDING THE CHESAPEAKE CITY CODE, CHAPTER 14 THEREOF, ENTITLED BUILDING AND BUILDING REGULATIONS, SECTIONS , , , , AND THEREOF; CHAPTER 58, ENTITLED SECONDHAND GOODS, SECTION THEREOF; CHAPTER 66, ENTITLED STREETS AND SIDEWALKS, SECTIONS 66-4 AND THEREOF, CHAPTER 74, ENTITLED TRAFFIC AND VEHICLES, SECTIONS AND THEREOF, TO AMEND PROVISIONS REFERENCING SIGNS TO COMPLY WITH CONSTITUTIONAL REQUIREMENTS AND TO AMEND OTHER SECTIONS TO UPDATE REFERENCES FOR PURPOSES OF CONSISTENCY (Continued from March 21, June 20, September 19, October 17, and November 14, 2017 City Council meetings) City Attorney Proctor presented the item and advised Alternate Version dated January 11, 2018 had been provided for consideration. Vice Mayor de Triquet, on a motion seconded by Council Member Kelly, moved approval of the Ordinance, Alternate Version dated January 11, On the motion to approve the Ordinance, Alternate Version dated January 11, 2018, voting yes: Council Members Craig, Davis, de Triquet, Kelly, Parker, Ritter, Ward and West. (2) #18-O-010 AN ORDINANCE AMENDING CHAPTER 46 OF THE CHESAPEAKE CITY CODE, ENTITLED OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION THEREOF, TO PROVIDE FOR RECOVERY OF REASONABLE EXPENSES FROM PERSONS CONVICTED OF MISDEMEANOR VIOLATIONS OF VARIOUS PROVISIONS OF STATE LAW RELATING TO FALSE SUMMONING OF EMERGENCY SERVICES AND FALSE BOMB THREATS, AND TO INCREASE THE MAXIMUM RECOVERY OF EXPENSES FROM $1, TO $2,500.00, AS PERMITTED BY STATE LAW City Attorney Proctor presented the item. Council Member Craig, on a motion seconded by Council Member Kelly, moved approval of the Ordinance, as presented. 8

10 Council Member Parker asked City Attorney Proctor if the Ordinance would apply to false alarms. City Attorney Proctor indicated that penalties would only apply to intentional false summoning of emergency services. There was no additional discussion. On the motion to approve the Ordinance, as presented, voting yes: Council (3) A. #18-O-011 AN ORDINANCE AMENDING CHAPTER 2 OF THE CHESAPEAKE CITY CODE, ENTITLED ADMINISTRATION, ARTICLE V, ENTITLED BOARDS, COMMITTEES AND COMMISSIONS, REPEALING DIVISION 27, ENTITLED CHESAPEAKE TOURISM ADVISORY BOARD, SECTIONS THROUGH City Attorney Proctor presented the item. Council Member Ward, on a motion seconded by Council Member Ritter, moved approval of the Ordinance, as presented. On the motion to approve the Ordinance, as presented, voting yes: Council B. #18-O-012 AN ORDINANCE AMENDING CHAPTER 2 OF THE CHESAPEAKE CITY CODE, ENTITLED ADMINISTRATION, ARTICLE V, ENTITLED BOARDS, COMMITTEES AND COMMISSIONS, DIVISION 5, ENTITLED PARKS AND RECREATION ADVISORY BOARD, SECTIONS 2-396, 2-397, and THEREOF, TO CHANGE THE NAME OF THE ADVISORY BOARD TO THE PARKS, RECREATION AND TOURISM ADVISORY BOARD, TO INCREASE THE NUMBER OF VOTING MEMBERS TO 17, TO INCREASE THE NUMBER OF EX OFFICIO, NONVOTING MEMBERS TO 5, AND TO AMEND THE DUTIES OF THE BOARD TO INCLUDE CONSIDERATION OF MATTERS RELATING TO TOURISM City Attorney Proctor presented the item. Council Member Ward, on a motion seconded by Council Member Parker, moved approval of the Ordinance, as presented. On the motion to approve the Ordinance, as presented, voting yes: Council CITIZENS COMMENTS ON THE SERVICES, POLICIES AND AFFAIRS OF THE CITY (NON-AGENDA SPEAKERS) City Clerk Madison identified the following speakers: Victoria Nicholls, 1124 Mill Lake Quarter, representing self, spoke on observations and suggestions for City business. Dathna Nachminovitch, 903 Crowell Avenue, representing PETA, spoke on requesting support for Senate Bill 872. Lacy Kuller, 312 N. Battlefield Boulevard, representing Chesapeake Humane Society, spoke on requesting support for Senate Bill

11 Anthony Wood, 1616 Head of River Road, representing self, spoke on a Police Department matter. Mayor West directed the City Manager to meet with the lobbyist to discuss support of Senate Bill 872. UNFINISHED BUSINESS A. RESOLUTION REQUESTING THE CHESAPEAKE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING PROPOSED AMENDMENTS TO ARTICLE 8 OF THE CHESAPEAKE ZONING ORDINANCE TO REGULATE ACCESS TO AN INDUSTRIAL DEVELOPMENT THROUGH AN EXISTING SINGLE-FAMILY DETACHED RESIDENTIAL SUBDIVISION (Continued from the November 14, 2017 City Council meeting) City Clerk Madison presented the item. Without objection, the item was withdrawn by Council Member Ritter. Mayor West asked Council Members for any additional Unfinished Business; there was none offered. NEW BUSINESS A. AN ORDINANCE AMENDING CHAPTER 18 OF THE CHESAPEAKE CITY CODE, ENTITLED BUSINESS LICENSES, SECTION THEREOF, TO AMEND THE BASELINE AMOUNT OF ANNUAL GROSS RECEIPTS AND/OR GROSS PURCHASES USED TO CALCULATE RATES OF LICENSE TAXES AND FEES City Clerk Madison presented the item. Council Member Davis, on a motion seconded by Council Member Parker, moved continuance of the Ordinance to the March 27, 2018 City Council meeting. On the motion to continue the Ordinance to the March 27, 2018 City Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Kelly, Parker, Ritter, Ward and West. B. #18-O-013 AN ORDINANCE AMENDING AN ORDINANCE WHICH WAS ADOPTED ON MAY 9, 2017, AND AMENDED ON JUNE 27, 2017, IMPOSING AND LEVYING A TAX WITHIN THE CITY OF CHESAPEAKE, VIRGINIA, ON ALL TAXABLE PROPERTY FOR THE MAINTENANCE AND OPERATION OF THE CITY, FOR THE RETIREMENT OF BONDED DEBT, AND FOR THE PAYING OF INTEREST THEREON FOR THE PERIOD FROM JULY 1, 2017, TO JUNE 30, 2018 City Clerk Madison presented the item. Council Member Davis, on a motion seconded by Council Member Ward, moved approval of the Ordinance, Revised Version dated February 13, Brief discussion ensued between Council Member Ritter, City Manager Baker and City Attorney Proctor regarding the effective date of the Ordinance. Council Member Davis stated that the only change to the Ordinance was the addition of the definition of data centers. There was no further discussion. 10

12 On the motion to approve the Ordinance, Revised Version dated February 13, 2018, voting yes: Council Members Craig, Davis, de Triquet, Kelly, Parker, Ritter, Ward and West. Mayor West asked Council Members for any additional New Business. Council Member Ritter requested receipt of Planning items for City Council acknowledgement at least 30 days prior to the Planning Commission meeting. Council Member Ward asked the City Manager if Mr. Wood s concerns had been discussed with Police Chief Wright. City Manager Baker informed that Mr. Wood had spoken directly to the Police Chief, as well as to the Mayor, City Manager and Deputy City Manager Geis. Mayor West asked City Council Members for any additional New Business; there was none offered. CLOSED SESSION City Attorney Proctor provided the following language for the Closed Session: to i) discuss the acquisition of publicly held real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; and ii) consult with legal counsel pertaining to actual or probable litigation where such consultation in an open meeting would adversely affect the negotiating or litigating posture of the public body, and consultation with legal counsel employed or retained by the City regarding specific legal matters requiring the provision of legal advice by such counsel, as permitted by Section (A)(3)(7) and (8) of the Code of Virginia. Vice Mayor de Triquet, on a motion seconded by Council Member Parker, moved approval of the Closed Session discussion. On the motion to approve the Closed Session discussion, voting yes: Council City Council recessed at 8:08 p.m., convened the Closed Session at 8:10 p.m. and reconvened the meeting at 8:23 p.m. CERTIFICATION OF THE CLOSED SESSION City Attorney Proctor read the following: 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. Council Member Kelly, on a motion seconded by Council Member Parker, moved to approve certification of the Closed Session discussion. On the motion to approve certification of the Closed Session discussion, voting yes: Council 11

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