A Regular Work Session of the Chesapeake City Council was held September 23, 2014 at 4:30 p.m., in the City Hall Building, 306 Cedar Road.

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1 City Council Work Session September 23, 2014 A Regular Work Session of the Chesapeake City Council was held September 23, 2014 at 4:30 p.m., in the City Hall Building, 306 Cedar Road. Present: Council Member Roland J. Davis, Jr. Council Member Robert C. Ike, Jr. Council Member Suzy H. Kelly Mayor Alan P. Krasnoff Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West ABSENT: Council Member Lonnie E. Craig Vice Mayor John de Triquet Present from Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, Deputy City Attorney Andrew Fox, City Clerk Dolores Moore, Budget Director Steve Jenkins, Director of Development and Permits Jay Tate, Director of Human Resources DL Mears, Director of Planning Jaleh Shea, Police Chief Kelvin Wright, Director of Public Utilities David Jurgens, Deputy Fire Chief Dan Fermil, Assistant City Attorney Richard Hartwick, Assistant Director of Human Resources Allison Myers, Assistant to the City Manager Mary Ann Saunders, Assistant to the City Manager Anna D Antonio, Planning Administrator Timothy Howlett, and other staff members. The following topics were discussed during the Work Session: (1) Position Management/Budget Transfers/Ordinances (2) DEQ Sanitary Sewer Overflow (SSO) Consent Order The Work Session adjourned at 5:40 p.m. /mbw - 1 -

2 Regular City Council Meeting September 23, 2014 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on September 23, 2014 at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Mayor Alan P. Krasnoff PLEDGE OF ALLEGIANCE: Leigha Doten, 7 th grade student at Hickory Middle School, and Aundra Doten, 4 th grade student at Southeastern Elementary School. ROLL CALL BY CLERK OF COUNCIL: Present: Council Member Lonnie E. Craig (excused at 6:50 p.m.) Council Member Roland J. Davis, Jr. Vice Mayor John de Triquet Council Member Robert C. Ike, Jr. Council Member Suzy H. Kelly Mayor Alan P. Krasnoff Council Member S.Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Absent: None Present from the Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, City Clerk Dolores Moore, Deputy City Attorney Andrew Fox, and other staff members. APPROVAL OF MINUTES Mayor Krasnoff stated that there were no minutes submitted for approval. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. PROCLAMATION MARCH FOR BABIES CHESAPEAKE 2014 Mayor Krasnoff called Greater Hampton Roads Division March of Dimes Community Director Rachel Boyd to the podium to accept the Proclamation proclaiming Saturday, November 1, 2014 as Chesapeake March for Babies Day. Ms. Boyd provided information about the event and thanked City Council Members for the recognition and support. SPECIAL PRESENTATION 2014 American Red Cross/Mayor s Cup Challenge Mayor Krasnoff called American Red Cross Account Manager Diane Kyrus, the City of Chesapeake s 2014 Mayor s Cup Challenge Chairman Sheriff Jim O Sullivan, Economic Development Director Steven Wright, Office Specialist II Adrienne Powell, Development and Permits Director Jay Tate, Office Specialist - 2 -

3 May Catolico, and Sheriff Deputy Sergeant Larry Singletary forward for the special presentation. Ms. Kyrus thanked all for participating in the annual blood drive and announced the City of Chesapeake as the winner with the highest percentage of employees donating blood in the large city category. She presented the winning trophy to Sheriff O Sullivan. Sheriff O Sullivan recognized Sheriff s Department employees Debbie Schultz and Sergeant Singletary for their hard work during the campaign. He thanked all City employees for their support and announced that the Departments of Development and Permits and Economic Development were the departments with the highest percentage of employees donating blood and had the distinction of being named Honorary Sheriff Deputies. SPECIAL PRESENTATION UNITED WAY OF SOUTH HAMPTON ROADS Mayor Krasnoff called United Way Board Member Ray LaSalle and the City of Chesapeake s Campaign Coordinator Major Tracy Branch to the podium for the special presentation. Mr. LaSalle presented a Certificate of Appreciation to the City of Chesapeake and thanked employees for their participation in the United Way Campaign. SPECIAL PRESENTATION CHESAPEAKE POLICE DEPARTMENT Mayor Krasnoff called Police Chief Kelvin Wright, Commissioner and Secretary for the Commission on Accreditation for Law Enforcement Agencies (CALEA) Chief Richard Myers, Deputy Chief Mark Solesky, Major Tracy Branch, Major Tony Torres, Major Timothy Breslin, Captain Greg Staylor, Captain James Dunlap, Captain Douglas Draper, Captain Mark Heckler, Captain Charles Horne, Captain Edward McIntyre, Captain T.V. May, Captain Jeffrey Slone, Accreditation Manager Bob Kolin, and Accreditation Police Officer Wendy Jancewicz to the podium for the special presentation. Chief Wright introduced Chief Myers who spoke to the history of CALEA and its goals. Chief Myers presented the CALEA Accreditation Award to the Chesapeake Police Department and it was accepted by Mayor Krasnoff and Chief Wright. Chief Wright offered remarks on the CALEA program and thanked the accreditation team, under the direction of Deputy Chief Solesky, for their hard work and commitment. He also thanked the command staff who were present, along with the men and women of the Chesapeake Police Department for their contributions to achieve the CALEA Accreditation Award. APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS City Clerk Moore stated there were no speakers prior to the presentation of the Public Hearing items

4 COUNCIL S CONSIDERATION OF PLANNING PUBLIC HEARING ITEMS Planning Public Hearing Items A. ST.C Parkway Road APPLICANT: Kenneth and Lisa Campbell PROPOSAL: A right-of-way closure request for 3,931± square feet at the eastern terminus of Parkway Road. ZONE: R-15s, Residential District LOCATION: Parkway Rd adjacent to the south of 3904 Parkway Rd TAX MAP SECTION/PARCELS: , , , BOROUGH: Western Branch The Planning Commission recommended denial. City Clerk Moore presented the item and stated that the applicant had submitted a letter requesting continuance of the item to the October 21, 2014 City Council meeting. City Clerk Moore stated there were five speakers present in opposition to the item; the speakers were not called. Council Member Kelly advised that she would be abstaining from voting on the application or participating in this discussion as her company had a business relationship with the applicant and she, therefore, had a conflict. Council Member West, on a motion seconded by Council Member Ritter, moved to continue ST.C to the October 21, 2014 City Council meeting. On the motion to continue ST.C to the October 21, 2014 City Council meeting, voting yes: Council Members Davis, de Triquet, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Member Craig was excused and Council Member Kelly abstained due to a business relationship with the applicant) Council Member Ritter was acknowledged by Vice Mayor de Triquet. Council Member Ritter called Mr. Casper to the podium to confirm he was a copetitioner of the street closure, and she directed Mr. Casper to contact the City Manager s Office and/or the City Attorney s Office with his specific request. B. #14-O-119 TA-S An Ordinance amending Chapter 70 of the City Code, Article III, Section 70-86, to modify provisions relating to the waiver and deferral of public improvements in conjunction with the subdivision and development of real property. The Planning Commission recommended approval of the version dated July 16, City Clerk Moore presented the item and stated there were no speakers. Council Member Ike, on a motion seconded by Council Member Ritter, moved to approve TA-S-14-01, version dated July 16, 2014, as presented. On the motion to approve TA-S-14-01, version dated July 16, 2014, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West

5 C. #14-O-120 TA-Z An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 14, Section and of the Chesapeake Zoning Ordinance to allow for the approval by administrative process the following uses, a Level I Home Occupation for a hair salon, subject to certain criteria. The Planning Commission recommended approval of the version dated July 31, City Clerk Moore presented the item and stated there were no speakers. Mrs. Moore noted that an alternate version, dated September 18, 2014, correcting a clerical error, had been provided to Council Members. Council Member Ward, on a motion seconded by Council Member Kelly, moved to approve TA-Z-14-04, alternate version dated September 18, 2014, as presented. On the motion to approve TA-Z-14-04, alternate version dated September 18, 2014, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. D. TA-Z An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 14, Section and of the Chesapeake Zoning Ordinance to allow for the approval by administrative process the following uses, a Level I Home Occupation for a family day home serving six through twelve children, subject to certain criteria. The Planning Commission recommended approval of the version dated August 13, 2014 with additional language added to Section C, with the sentence beginning on Line 26 that ends with the word outside. No activities associated with the home occupation shall be conducted outside, with the exception of family day homes serving six through twelve children as further set out in section L below. City Clerk Moore presented the item and stated there was one speaker present in support of the item; the speaker was not called. Vice Mayor de Triquet recognized Council Member Ritter who recommended a continuance of the item and suggested the Director of Human Services attend a work session to provide additional information and clarification prior to action being taken on the item. Council Member Ritter, on a motion seconded by Council Member West, moved to continue TA-Z to the October 14, 2014 City Council meeting. On the motion to continue TA-Z to the October 14, 2014 City Council meeting, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West

6 E. #14-O-121 TA-Z An Ordinance amending Appendix A of the City Code, entitled "Zoning", Article 3, Section 3-403, of the Chesapeake Zoning Ordinance to amend the definition of "Family" to reflect a statutory change related to group homes that was made in the 2014 Session of the General Assembly. The Planning Commission recommended approval of the version dated July 2, City Clerk Moore presented the item and stated there were no speakers. Council Member Ike, on a motion seconded by Council Member Ward, moved to approve TA-Z-14-06, version dated July 2, 2014, as presented. On the motion to approve TA-Z-14-06, version dated July 2, 2014, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. F. #14-O-122 TA-Z An Ordinance amending Appendix A of the City Code, entitled "Zoning", Article 15, Section (A), of the Chesapeake Zoning Ordinance to clarify that structures that meet certain conditions shall be considered nonconforming. The Planning Commission recommended approval of the version dated July 2, City Clerk Moore presented the item and stated there were no speakers. Council Member Kelly, on a motion seconded by Council Member Ward, moved to approve TA-Z-14-07, version dated July 2, 2014, as presented. On the motion to approve TA-Z-14-07, version dated July 2, 2014, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. G. UP Mom Maw s Daycare APPLICANT: Melissa Woolard PROPOSAL: A conditional use permit to allow a child care facility as a Level II Home Occupation. ZONE: R-10s, Residential District SIC CODE: 8351 LOCATION: 641 Hoffman Avenue TAX MAP SECTION/PARCEL: BOROUGH: Indian River The Planning Commission recommended approval with the following stipulations: 1. The applicant/owner agrees that she shall provide day care for no more than twelve (12) children at any one time. 2. The applicant/owner shall comply with all requirements of the Chesapeake City Code, Zoning Ordinance and Virginia law

7 3. The conditional use permit is limited to the applicant only. City Council approved with the above stipulations and the additional stipulation below on October 15, 2013: 4. This conditional use permit shall expire on October 16, 2014, unless extended by the City Council prior to this expiration date. The City Manager shall provide a report to the City Council no later than October 10, 2014, regarding any alleged violations of state or local laws and regulations in the conduct of the day care operation. City Clerk Moore presented the item and identified the following speakers: Melissa Woolard, 641 Hoffman Avenue, representing Mom Maw s Daycare, spoke in support of Public Hearing Item (G). Edward Marchant, 636 Hoffman Avenue, representing self, spoke in opposition to Public Hearing Item (G). Council Member Ritter, on a motion seconded by Council Member Kelly, moved to continue the item to the October 21, 2014 City Council meeting. City Attorney Proctor pointed out that the Use Permit would expire if continued to the October 21, 2014 City Council meeting unless action was taken on Stipulation #4. Council Member Ritter withdrew her original motion for a continuance to the October 21, 2014 City Council meeting and Council Member Kelly, as the second, agreed to the withdrawal. Council Member Ritter, on a motion seconded by Council Member Kelly, moved to approve an extension of Stipulation #4 to the November 18, 2014 City Council meeting and to re-hear the application at the October 21, 2014 City Council meeting. Council Member Ritter expressed concern about 1) multiple businesses occurring at the property and 2) the communication breakdown between the City and the State. Council Member Davis called the applicant to the podium to address questions regarding the number of businesses occurring at the referenced property and the number of children enrolled at the daycare. Mayor Krasnoff asked City Attorney Proctor to comment on the inspection report issued by the Virginia Department of Social Services, Licensing Division. Vice Mayor de Triquet directed the applicant to be prepared to address the violations noted in the inspection report at the October 21, 2014 City Council Meeting. There was no additional discussion. On the motion to approve an extension of Stipulation #4 to the November 18, 2014 City Council meeting and to re-hear the application at the October 21, 2014 City Council meeting, voting yes: Council Members de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Voting no: Council Member Davis (Council Member Craig was excused) - 7 -

8 Non-Planning Public Hearing Items H. #14-O-123 ORDINANCE AMENDING CHAPTER 30 OF THE CHESAPEAKE CITY CODE, ENTITLED FINANCE AND TAXATION, SECTION THEREOF, TO ADD SEWER SERVICE DISTRICT FOR PROPERTIES LOCATED IN THE BATTLEWOOD MEADOWS NEIGHBORHOOD. City Clerk Moore presented the item and identified the following speakers in support of Non-Planning Public Hearing Item (H): Lesia Van Syckle, 1201 Travis Court, representing self. Robert Taylor, 1220 Brigade Road, representing self. City Clerk Moore identified the following speakers in opposition to Non- Planning Public Hearing Item (H): Richard Cortimilia, 1304 Fordyce Drive, representing self. Renee Gardner, 1312 Fordyce Drive, representing self. Ernon Gardner, 1312 Fordyce Drive, representing self. Vice Mayor de Triquet asked those in support to stand and be recognized. Vice Mayor de Triquet asked those in opposition to stand and be recognized. Council Member West, on a motion seconded by Council Member Davis, moved approval of the Ordinance, as presented. Council Member Ward asked that Director of Public Utilities David Jurgens meet with the residents of the Battlewood Meadows neighborhood to address their concerns; Council Member West and City Manager Baker concurred with Council Member Ward s request. There was no additional discussion. On the motion to approve the Ordinance, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. I. #14-O-124 ORDINANCE AMENDING CHAPTER 30 OF THE CHESAPEAKE CITY CODE, ENTITLED FINANCE AND TAXATION, SECTION THEREOF, TO ADD WATER AND SEWER SERVICE DISTRICT FOR PROPERTIES LOCATED IN THE VICINTIY OF MANNING COURT, WAMPLER PLACE, VICO DRIVE AND JOLLIFF ROAD. City Clerk Moore presented the item and stated there were three citizens present in support of Non-Planning Public Hearing Item (I). Council Member Ward, on a motion seconded by Council Member Ike, moved approval of the Ordinance, as presented. On the motion to approve the Ordinance, as presented, voting yes: Council Members, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West

9 J. #14-R-078 RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A DEED OF SPECIAL WARRANTY TO CONVEY TO DOMINION ROAD OUTPARCEL, LLC, A CERTAIN PIECE OR PARCEL OF LAND CONTAINING APPROXIMATELY ACRE, MORE OR LESS, LOCATED IN THE DEEP CREEK BOROUGH OF THE CITY OF CHESAPEAKE, VIRGINIA, KNOWN AS A PORTION OF TAX PARCEL City Clerk Moore presented the item and stated there were no speakers. Council Member Ward, on a motion seconded by Council Member Kelly, moved approval of the Resolution, as presented. On the motion to approve the Resolution, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. K. #14-R-079 RESOLUTION AMENDING THE COST PARTICIPATION POLICY TO PROVIDE AN OPTION FOR PROPERTY OWNERS TO INCLUDE CONNECTION FEES IN THE TWENTY YEAR ASSESSMENT AND TO OTHERWISE UPDATE THE POLICY TO REFLECT CURRENT PRACTICES. City Clerk Moore presented the item and stated there were no speakers. Council Member Ike, on a motion seconded by Council Member Ritter, moved approval of the Resolution, as presented. On the motion to approve the Resolution, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Vice Mayor de Triquet relinquished the gavel back to Mayor Krasnoff. CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore stated that there were no speakers on agenda items. CONSENT AGENDA City Clerk Moore read the Consent Agenda into the record. Mayor Krasnoff 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. Council Member Ritter, on a motion seconded by Council Member Kelly, moved approval of the Consent Agenda, as presented. On the motion to approve the Consent Agenda, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. City Clerk Items (1) RESIGNATIONS A. Michael Shepherd Parks and Recreation Advisory Board B. Christopher Heath South Hampton Roads Disability Services Board - 9 -

10 C. Michael Steele Fine Arts Commission/Public Art Committee (2) REFUNDS A. Chesapeake Ear, Nose & Throat Associates, P.C. - $10, B. Atlantic Energy LLC - $59, C. International Family of Entertainment, Inc. - $33, City Manager Items (1) REQUEST FOR AUTHORITY TO SUBMIT A HURRICANE EVACUATION AWARENESS PROJECT GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT FIRE DEPARTMENT (2) REQUEST FOR AUTHORITY TO SUBMIT A CITIZEN CORPS/COMMUNITY EMERGENCY RESPONSE TEAM PROJECT GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT FIRE DEPARTMENT (3) #14-O-125 CONSIDERATION OF A REQUEST FOR APPROPRIATION OF $100 IN DONATED FUNDS FOR THE BOYS AND GIRLS EMPOWERMENT CONFERENCES OFFICE OF THE COMMONWEALTH S ATTORNEY (4) #14-O-126 REQUEST FOR APPROPRIATION OF $7,759 IN 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS AWARDED BY THE UNITED STATES BUREAU OF JUSTICE ASSISTANCE POLICE DEPARTMENT/OFFICE OF THE COMMONWEALTH S ATTORNEY (5) #14-O-127 REQUEST FOR APPROPRIATION OF $4, IN DONATED REVENUE TO THE POLICE DEPARTMENT AND ANIMAL SERVICES POLICE DEPARTMENT (6) #14-O-128 REQUEST FOR APPROPRIATION OF $59, IN 2013 ASSET FORFEITURE TRANSFER PROGRAM GRANT FUNDS AWARDED BY THE VIRGINIA ATTORNEY GENERAL S OFFICE OFFICE OF THE COMMONWEALTH S ATTORNEY City Attorney Item (1) #14-O-129 AN ORDINANCE TO GRANT RELIEF TO EDWARD GATLING, SR., MARK GATLING, TRAVIS GATLING, DEWEY GATLING, SR., THERESA POTTER, DARLENE BISHOP, AND KENNETH GATLING, BY PAYING TO THEM THE SURPLUS FUNDS RECEIVED BY THE CITY OF CHESAPEAKE FROM THE CLERK OF THE CHESAPEAKE CIRCUIT COURT FROM A DELINQUENT TAX SALE OF REAL PROPERTY SITUATED IN THE WASHINGTON BOROUGH OF THE CITY OF CHESAPEAKE, VIRGINIA, KNOWN AS 128 NORTHFIELD STREET, TAX PARCEL , FORMERLY OWNED BY MARY MCDONALD A/K/A MARY P. MCDONALD A/K/A MARY PARKER MCDONALD, DECEASED

11 REGULAR AGENDA City Manager Items (7) #14-O-130 REQUEST TO AMEND FUNDING SOURCE FOR THREE PUBLIC COMMUNICATIONS CAPITAL PROJECTS FROM EQUIPMENT LEASES TO PUBLIC, EDUCATION AND GOVERNMENT (PEG) FEE REVENUE AND UNASSIGNED FUND BALANCE OF THE GENERAL FUND BUDGET OFFICE City Manager Baker presented the item for approval. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the Request, as presented. On the motion to approve the Request, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. (8) #14-O-131 AN ORDINANCE AMENDING CHAPTER 2 OF THE CHESAPEAKE CITY CODE, ENTITLED ADMINISTRATION, SECTIONS 2-276, 2-278, 2-279, 2-280, AND THEREOF, TO PROVIDE THAT THE POLICE AND FIRE DEPARTMENT ENTRANCE AND PROMOTIONAL PROCESSES ARE TO CONSIST OF SUCH COMPONENTS AS MAY BE ESTABLISHED BY THE CITY MANAGER; TO CLARIFY CERTAIN RESPONSIBILITIES FOR SUCH PROCESSES; TO PROVIDE FOR A ONE- YEAR PROBATIONARY PERIOD FOR PROMOTIONS IN THE POLICE AND FIRE DEPARTMENTS; AND TO MAKE RELATED PROVISIONS CONSISTENT THROUGHOUT DEPARTMENT OF HUMAN RESOURCES City Manager Baker presented the item for approval. Council Member Ike, on a motion seconded by Vice Mayor de Triquet, moved approval of the Ordinance, as presented. On the motion to approve the Ordinance, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. City Attorney Items (2) AN ORDINANCE AMENDING CHAPTER 30 OF THE CHESAPEAKE CITY CODE, ENTITLED FINANCE AND TAXATION, SECTION (b) THEREOF, TO PROVIDE THAT ANY SURPLUS FUNDS FROM THE SOUTH NORFOLK REVITALIZATION TAX INCREMENT FUNDING DISTRICT SHALL BE USED FOR DISTRICT ACTIVITIES AND IMPROVEMENTS City Attorney Proctor presented the item for approval

12 Council Member Ike, on a motion seconded by Council Member Kelly, moved to continue the item to the October 21, 2014 City Council meeting with a work session prior to that date. On the motion to continue City Attorney Item (2) to the October 21, 2014 City Council meeting with a work session prior to that date, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. (3) #14-O-132 AN ORDINANCE AMENDING CHAPTER 50 OF THE CHESAPEAKE CITY CODE, ENTITLED PARKS AND RECREATION, SECTION THEREOF, TO PROVIDE FOR THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES DURING APPROVED OUTDOOR EVENTS AT THE ELIZABETH RIVER PARK AND THE BATTLEFIELD PARK, SUBJECT TO PROPER LICENSURE BY THE VIRGINIA ALCOHOLIC BEVERAGE CONTROL BOARD AND COMPLIANCE WITH CITY ORDINANCES, REGULATIONS AND LEASE PROVISIONS City Attorney Proctor presented the item for approval. Council Member Ike, on a motion seconded by Council Member West, moved approval of the Ordinance, as presented. On the motion to approve the Ordinance, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. (4) #14-R-080 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A LETTER OF COMMITMENT TO THE UNITED STATES ARMY CORPS OF ENGINEERS FOR SHARED FUNDING OF THE REPLACEMENT OF THE DEEP CREEK ATLANTIC INTRACOASTAL WATERWAY (AIW) BRIDGE THROUGH A CONTRIBUTED FUNDS AGREEMENT City Attorney Proctor presented the item for approval. Council Member Ritter, on a motion seconded by Council Member Ward, moved approval of the Resolution, as presented. Mayor Krasnoff asked Assistant Director of Public Works Earl Sorey forward to provide a projected timetable of the project. Mayor Krasnoff thanked all involved, including Congressman J. Randy Forbes and Colonel Paul B. Olsen, Commander of the Norfolk District, U.S. Army Corps of Engineers. There was no additional discussion. On the motion to approve the Resolution, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West

13 CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) City Clerk Moore identified the following speakers: Alan Jones, 2397 Sebina Way, Virginia Beach, representing self, spoke on retirement issues. Mike Barnes, 2116 Cedar Road, representing self, spoke on sewer hookup to his property. Mayor Krasnoff noted Mr. Jones was in litigation regarding his retirement issues; there was no additional discussion. Mayor Krasnoff asked City Manager Baker to follow-up with Mr. Barnes regarding his sewer hook-up request. Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet. APPOINTMENTS TO BOARDS AND COMMISSIONS A. South Norfolk Revitalization Commission 1 vacancy Appointment was made at the September 9, 2014 City Council meeting. B. Chesapeake Bay Preservation Area Board 1 vacancy Council Member Kelly nominated William Spaur for appointment as a regular member and John Poland as an alternate member. Council Member West, on a motion seconded by Council Member Ward, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. William Spaur was appointed as a regular member and John Poland was appointed as an alternate member to the Chesapeake Bay Preservation Area Board. C. Chesapeake Bicycle/Trails Advisory Committee 4 vacancies Council Member Kelly nominated Lennie Luke for reappointment; and Aaron Bull, Ava Ryan and Chad Triolet for appointment. Council Member West, on a motion seconded by Council Member Ike, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Lennie Luke (Parks and Recreation representative) was reappointed; and Aaron Bull, Ava Ryan and Chad Triolet were appointed to the Chesapeake Bicycle/Trails Advisory Committee

14 D. Chesapeake Commission on Health and Well Being 2 vacancies Vice Mayor de Triquet nominated Jaylene Trueblood for appointment and requested continuance of the remaining vacancy. Council Member Ike, on a motion seconded by Council Member Ward, moved to close the nominations, appoint the nominee, and continue the remaining vacancy. On the motion to close the nominations, appoint the nominee, and continue the remaining vacancy, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Jaylene Trueblood (Chesapeake Integrated Behavioral Healthcare representative) was appointed to the Chesapeake Commission on Health and Well Being. E. Fine Arts Commission 3 vacancies Council Member Ward nominated Gabrielle Blake, Amy Blondell and Jim Calder for appointment. Council Member Ritter, on a motion seconded by Council Member Ike, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Gabrielle Blake, Amy Blondell and Jim Calder were appointed to the Fine Arts Commission. F. Human Services Advisory Board 1 vacancy Vice Mayor de Triquet relinquished the gavel to Mayor Krasnoff. Vice Mayor de Triquet nominated Trudy Rauch for appointment. Council Member Ward nominated Maresa Driver for appointment. Vice Mayor de Triquet withdrew his nomination. Council Member Ike, on a motion seconded by Council Member Kelly, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Maresa Driver was appointed to the Human Services Advisory Board. Mayor Krasnoff returned the gavel to Vice Mayor de Triquet

15 G. Local Board of Building Code Appeals 2 vacancies Council Member Kelly nominated Gerald Martin for appointment as a regular member and Eric Stichler for appointment as an alternate member. Council Member Ward, on a motion seconded by Council Member Ike, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Gerald Martin was appointed as a regular member and Eric Stichler was appointed as an alternate member to the Local Board of Building Code Appeals. H. Natural Event Mitigation Advisory Committee 2 vacancies Council Member Ritter nominated Shannon Hulst for appointment and requested continuance of the remaining vacancy. Council Member West, on a motion seconded by Council Member Ward, moved to close the nominations, appoint the nominee, and continue the remaining vacancy. On the motion to close the nominations, appoint the nominee, and continue the remaining vacancy, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Shannon Hulst was appointed to the Natural Event Mitigation Advisory Committee. I. Senior Services of Southeastern Virginia 1 vacancy Council Member Ritter nominated Joan Cooper for appointment. Council Member Ward, on a motion seconded by Council Member Ike, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Joan Cooper was appointed to the Senior Services of Southeastern Virginia

16 J. Transportation Safety Commission 7 vacancies Council Member Ike nominated Joseph Williams, Gary Woolard and Donald Wooten for reappointment; and Lawrence Bray, Thomas Bryan, Cecil Jenkins and William Mizell for appointment. Council Member Kelly, on a motion seconded by Council Member Ward, moved to close the nominations and appoint the nominees. On the motion to close the nominations and appoint the nominees, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Joseph Williams, Gary Woolard and Donald Wooten were reappointed; and Lawrence Bray, Thomas Bryan, Cecil Jenkins and William Mizell were appointed to the Transportation Safety Commission. K. Utility Review Board 6 vacancies Council Member West nominated Eric Martin for reappointment; Thomas Bryan, Jacob Haver and Marieo Henry for appointment; and requested continuance of the remaining vacancies. Council Member Ike, on a motion seconded by Council Member Ward, moved to close the nominations, appoint the nominees, and continue the remaining vacancies. On the motion to close the nominations, appoint the nominees, and continue the remaining vacancies, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Director of Public Works Eric Martin was reappointed; and Thomas Bryan, Jacob Haver and Marieo Henry were appointed to the Utility Review Board. L. Hampton Roads Planning District Commission 1 vacancy Mayor Krasnoff nominated Council Member Lonnie Craig for appointment. Council Member Ike, on a motion seconded by Council Member Kelly, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Council Member Lonnie Craig was appointed to the Hampton Roads Planning District Commission. Vice Mayor de Triquet relinquished the gavel back to Mayor Krasnoff

17 M. Chesapeake Community Criminal Justice Board 1 vacancy Vice Mayor de Triquet nominated Robert Noote for appointment. Council Member Ike, on a motion seconded by Council Member Ward, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Robert Noote (Magistrate) was appointed to the Chesapeake Community Criminal Justice Board. UNFINISHED BUSINESS Mayor Krasnoff thanked the Hampton Roads Transportation Planning Organization Board for approving an amendment to the Hampton Roads 2034 Long-Range Transportation Plan to add eight projects that included the Third Crossing: I-664 Widening from Bowers Hill to I-64 on the Peninsula, including the Bowers Hill Interchange; I-64 Southside Widening: from I-464 to Bowers Hill, including the High Rise Bridge; and the I-64/I-264 Interchange (near Norfolk/Virginia Beach line). Mayor Krasnoff commented it would be up to the Hampton Roads Transportation Accountability Commission (HRTAC) to move the projects forward to fruition. Mayor Krasnoff asked City Council Members for any additional Unfinished Business; there was none offered. NEW BUSINESS Mayor Krasnoff asked City Council Members for any New Business; there was none offered. REQUEST FOR CLOSED SESSION City Attorney Proctor provided the following language of consideration for a Closed Session: to 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, as permitted by Section (A)(7) of the Code of Virginia. Council Member Ward, on a motion seconded by Vice Mayor de Triquet, moved approval of the Closed Session discussions. On the motion to approve the Closed Session discussions, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. Mayor Krasnoff asked if the motion included language to discuss personnel issues concerning City Council. City Attorney Proctor indicated the motion did not include language to discuss personnel issues concerning City Council. Mayor Krasnoff asked that

18 discussion on personnel issues concerning City Council be included.city Attorney Proctor provided the following language for consideration of a Closed Session to discuss: personnel issues concerning the City Council, as permitted by Section (A) (1) of the Code of Virginia. Council Member Ward, on a motion seconded by Vice Mayor de Triquet, moved approval of the Closed Session discussions. On the motion to approve the Closed Session discussions, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. City Council recessed at 8:15 p.m., convened the Closed Session at 8:20 p.m., and reconvened the meeting at 9:00 p.m. CERTIFICATION OF THE CLOSED SESSION: City Attorney Proctor read the following: The Chesapeake City Council hereby certifies 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. Vice Mayor de Triquet, on a motion seconded by Council Member Ike, moved to approve certification of the Closed Session discussions. On the motion to approve certification of the Closed Session discussions, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. BENEDICTION Council Member Kelly offered the evening s benediction. ADOURNMENT With there being no further business to discuss, Mayor Krasnoff adjourned the meeting at 9:01 p.m. /mbw Mayor ATTEST: City Clerk