City Council Work Session August 14, 2018 A Regular Work Session of the Chesapeake City Council was held August 14, 2018 at 5:00 p.m., in the City Hall Building, 306 Cedar Road. Present: Absent: Council Member R. Stephen Best, Sr. Vice Mayor John de Triquet Council Member Matthew R. Matt Hamel Council Member Robert C. Ike, Jr. Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Susan R. Vitale Council Member Ella P. Ward Mayor Richard W. Rick West None Present from Administration: City Manager James Baker, City Attorney Jacob Stroman, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Laura Fitzpatrick, Deputy City Attorney Kelly Lackey, City Clerk Sandy Madison, General Registrar Mary Lynn Pinkerman, Library Director Amanda Jackson, Planning Director Jaleh Shea, Administrative Assistant III Nicole Benson and other staff members. The following topics were discussed during the Work Session: 1. Upcoming Agenda Items 2. Strategic Planning Retreat Preview The Work Session adjourned at 5:50 p.m. /mw
Regular City Council Meeting August 14, 2018 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Richard W. Rick West on August 14, 2018 at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Council Member R. Stephen Best, Sr. PLEDGE OF ALLEGIANCE TO THE FLAG: Council Member R. Stephen Best, Sr. ROLL CALL BY CLERK OF COUNCIL: Present: Absent: Council Member R. Stephen Best, Sr. Vice Mayor John de Triquet Council Member Matthew R. Matt Hamel Council Member Robert C. Ike, Jr. Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Susan R. Vitale Council Member Ella P. Ward Mayor Richard W. Rick West None Present from the Administration: City Manager James Baker, City Attorney Jacob Stroman, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Laura Fitzpatrick, City Clerk Sandy Madison and other staff members. APPROVAL OF MINUTES Mayor West stated the minutes for the meetings of June 12 and 19, 2018 were submitted for approval. Mayor West recognized Council Members Best, Hamel and Vitale who read Abstention Statements from approving the minutes due to not being on City Council at the time. Vice Mayor de Triquet, on a motion seconded by Council Member Parker, moved approval of the minutes for the meetings of June 12 and 19, 2018, as presented. On the motion to approve the minutes for the meetings of June 12 and 19, 2018, as presented, voting yes: Council Members de Triquet, Ike, Parker, Ritter, Ward and West. (Council Members Best, Hamel and Vitale abstained) Mayor West stated the minutes for the meetings of June 26, July 10 and 24, 2018 were submitted for approval. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the minutes for the meetings of June 26, July 10 and 24, 2018, as presented. On the motion to approve the minutes for the meetings of June 26, July 10 and 24, 2018, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale, Ward and West. Mayor West relinquished the gavel to Vice Mayor de Triquet.
PRESENTATIONS Certificate of Recognition Robert L. Samuel, Jr., Chesapeake Redevelopment and Housing Authority Chairman Mayor West called Chesapeake Redevelopment and Housing Authority (CRHA) Chairman Robert Samuel and Executive Director Brenda Willis to the podium. Ms. Willis recognized Mr. Samuel s guests who were in attendance followed by remarks about Mr. Samuel s contributions to the CRHA and the City of Chesapeake. Mayor West echoed the sentiments of Ms. Willis and presented a Certificate of Recognition to Mr. Samuel. Comments of appreciation for the recognition were offered by Mr. Samuel. Council Member Ritter thanked Mr. Samuel for his leadership and guidance to the CRHA. Certificate of Recognition - 2018 Chesapeake Business of the Year Dollar Tree, Inc. Mayor West called Economic Development Director Steven Wright to the podium. Mr. Wright highlighted Business Appreciation Month that was held in May 2018, noting that one of the hallmark events was the 19 th Annual Chesapeake Business Appreciation Golf Classic. Mr. Wright recognized Dollar Tree, Inc. as the 2018 Chesapeake Business of the Year. Dollar Tree representatives were unable to attend this evening s meeting; therefore, the recognition will be presented at a future City Council meeting. Certificate of Recognition 2018 Small Business of the Year MiCar Collision Center Mr. Wright announced MiCar Collision was the 2018 Hampton Roads Chamber of Commerce Small Business of the Year. He called MiCar Collision Owner/Operator Mike Maddox and General Manager Danny Melchers to the podium. Mr. Wright made the presentation followed by comments from Mr. Maddox and Mr. Melchers. Special Presentation 2018 Charitable Recipient Roc Solid Foundation Mr. Wright asked Economic Development Authority Member Kevin Cosgrove and Roc Solid Foundation Chief Play Officer Eric Newman to join him at the podium. Mr. Wright announced the Roc Solid Foundation was the 2018 Charitable Recipient of the net proceeds from this year s golf classic. A mock check, in the amount of $10,338.29, was presented to Mr. Newman. Mr. Newman offered comments and conveyed his appreciation for being selected as the 2018 Charitable Recipient. Mr. Wright thanked City Council for their support to the Department of Economic Development and the business community. CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Madison identified the following speakers: Victoria Nicholls, 1124 Mill Lake Quarter, representing self, spoke on various items. Rebecca Adams, 133 Cedar Road, representing self, spoke in support of City Attorney Item (2). 2
CONSENT AGENDA City Clerk Madison read the Consent Agenda items into the record. City Clerk Items (1) RESIGNATIONS A. Benjamin Camras Chesapeake Board of Historic and Architectural Review B. Adam Carroll Chesapeake Community Criminal Justice Board C. Marc Jones Chesapeake Community Criminal Justice Board (2) REFUNDS A. Wesley and Dee-Ann Butler - $2,971.52 B. Ernesto A. and Lourdes O. Hofilena - $3,720.16 C. Patrick A. and Angela L. Jones - $4,168.43 D. Polygon US Corporation - $9,950.21 E. Rai Care Centers of Virginia I LLC - $12,046.16 City Manager Item (1) REQUEST TO ACCEPT AND TRANSFER, FROM THE GRANTS CONTINGENCY FUND, $219,000 IN FUNDING FROM THE VIRGINIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENT SERVICES FOR THE CRISIS INTERVENTION TEAM AT MARYVIEW MEDICAL CENTER-CHESAPEAKE INTEGRATED BEHAVIORAL HEALTH City Attorney Item (1) ANNUAL SUBMISSION OF DELINQUENT AND UNCOLLECTIBLE TAX LISTS FROM THE CHESAPEAKE CITY TREASURER, PURSUANT TO CITY CODE CHAPTER 30, ARTICLE XVII, SECTION 30-525, ET SEQ Vice Mayor de Triquet 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 Ward, on a motion seconded by Council Member Parker, moved approval of the Consent Agenda, as presented. On the motion to approve the Consent Agenda, as presented, voting yes: Council Vice Mayor de Triquet relinquished the gavel back to Mayor West. REGULAR AGENDA City Manager Items (2) REQUEST TO CONVERT ONE PART-TIME ACCOUNTANT II POSITION TO A FULL-TIME ACCOUNTANT II POSITION IN THE DEPARTMENT OF PLANNING- DEPARTMENT OF PLANNING City Manager Baker presented the item. Vice Mayor de Triquet, 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 Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale, Ward and West. 3
(3) #18-O-069 REQUEST FOR APPROPRIATION OF $338,260 IN VIRGINIA DEPARTMENT OF TRANSPORTATION ROAD MAINTENANCE REVENUES TO THE DEPARTMENT OF PUBLIC WORKS-DEPARTMENT OF PUBLIC WORKS City Manager Baker presented the item. Council Member Ritter, 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 Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale, Ward and West. (4) REQUEST TO RECLASSIFY TWO DEPUTY SHERIFFS TO SECURITY OFFICER II, ADD TWO DEPUTY SHERIFFS TO THE SHERIFF S COMPLEMENT, AND INCREASE THE INTERNAL SERVICE FUND BY $144,000-CHESAPEAKE SHERIFF S OFFICE City Manager Baker presented the item. Council Member Ike, on a motion seconded by Council Member Best, moved approval of the Request, as presented. On the motion to approve the Request, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale, Ward and West. City Attorney Items (2) AN ORDINANCE AMENDING CHAPTER 2 OF THE CHESAPEAKE CITY CODE ENTITLED ADMINISTRATION, TO RENUMBER EXISTING ARTICLE I, SECTION 2-1 TO BECOME ARTICLE II, SECTION 2-26, AND TO ENACT A NEW SECTION 2-1 TO PROVIDE FOR MAYORAL, CITY COUNCIL, AND SCHOOL BOARD ELECTIONS TO TAKE PLACE ON THE FIRST TUESDAY IN NOVEMBER Council Member Ike, on a motion seconded by Council Member Ward, moved to continue City Attorney Item (2) to the September 11, 2018 City Council meeting and authorize a public hearing. Council Member Ward spoke in support of the motion. Council Member Parker inquired if a Charter change would be required to which City Attorney Stroman responded a Resolution would need to be adopted by City Council requesting the General Assembly to amend the Charter of the City of Chesapeake regarding the election of the mayor, council members and school board members. Mayor West spoke in opposition to the motion. Council Members Ward and Ike offered additional comments supporting the motion. There was no additional discussion. On the motion to continue City Attorney Item (2) to the September 11, 2018 City Council meeting and authorize a public hearing, voting yes: Council Members Ike, Parker and Ward. Voting no: Council Members Best, de Triquet, Hamel, Ritter, Vitale and West. The motion failed. 4
City Attorney Stroman stated action would need to be taken on the proposed Ordinance. Council Member Ike, on a motion seconded by Council Member Ward, moved approval of the Ordinance, as presented. Council Member Ward spoke in support of the motion. There was no additional discussion. On the motion to approve the Ordinance, as presented, voting yes: Council Members Ike, Parker and Ward. Voting no: Council Members Best, de Triquet, Hamel, Ritter, Vitale and West. The motion failed. (3) #18-O-070 AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY CODE, ENTITLED BUILDINGS AND BUILDING REGULATIONS, ARTICLE I, SECTION 14-6, TO EXPAND ACTIVITIES THAT CONSTITUTE CRIMINAL BLIGHT NECESSITATING CORRECTIVE ACTION BY A REAL PROPERTY OWNER, AND SUCH OTHER AMENDMENTS NECESSARY TO CORRECT CLERICAL ERRORS AND REFLECT STATUTORY CHANGES ENACTED IN THE 2018 SESSION OF THE GENERAL ASSEMBLY Vice Mayor de Triquet, 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 (4) #18-R-042 RESOLUTION REQUESTING THE CHESAPEAKE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING PROPOSED AMENDMENTS TO SECTIONS 1-201 AND 20-402 OF THE CHESAPEAKE ZONING ORDINANCE TO ADD THAT PROVIDING REASONABLE MODIFICATIONS IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 IS A PURPOSE OF THE ZONING ORDINANCE AND MAY BE A BASIS TO GRANT A VARIANCE, IN ORDER TO REFLECT STATUTORY CHANGES ENACTED IN THE 2018 SESSION OF THE GENERAL ASSEMBLY Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the Resolution, as presented. On the motion to approve the Resolution, as presented, voting yes: Council (5) #18-R-043 RESOLUTION REQUESTING THE CHESAPEAKE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING PROPOSED AMENDMENTS TO SECTION 20-202 OF THE CHESAPEAKE ZONING ORDINANCE TO ADD A PENALTY OF UP TO TWO THOUSAND DOLLARS ($2,000.00) FOR A THIRD MISDEMEANOR OFFENSE OF FAILING TO CORRECT A VIOLATION 5
OF THE ZONING ORDINANCE PURSUANT TO A COURT ORDER, IN ORDER TO REFLECT STATUTORY CHANGES ENACTED IN THE 2018 SESSION OF THE GENERAL ASSEMBLY Council Member Parker, on a motion seconded by Council Member Vitale, moved approval of the Resolution, as presented. On the motion to approve the Resolution, as presented, voting yes: Council (6) #18-R-044 RESOLUTION REQUESTING THE CHESAPEAKE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING PROPOSED AMENDMENTS TO ARTICLE 13 OF THE CHESAPEAKE ZONING ORDINANCE TO AMEND DEFINITIONS, MODIFY THE PROCEDURE FOR ADMINISTRATIVE REVIEW OF ADMINISTRATIVE REVIEW-ELIGIBLE PROJECTS, AND MAKE OTHER AMENDMENTS NECESSARY TO COMPLY WITH STATE LAW CHANGES ENACTED IN THE 2018 SESSION OF THE GENERAL ASSEMBLY Council Member Best, on a motion seconded by Council Member Hamel, moved approval of the Resolution, as presented. On the motion to approve the Resolution, 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: Jason Langley, 2702 Lake Ridge Crossing, representing self, spoke on a variance to allow three pigs on personal property. Victoria Nicholls, 1124 Mill Lake Quarter, representing self, spoke on the affairs of the City. Tommy Hart, 1900 Saint Brides Road West, representing self, spoke on police misconduct. Anthony Wood, 1616 Head of River Road, representing his brother Darrell Holmes, spoke on racial profiling. Grady Palmer, 999 Waterside Drive, Norfolk, representing Chubby s Pumpkin Patch Carnival, requested concurrent advertisement for PLN-USE-2018-027, Chubby s Pumpkin Patch Carnival. Council Member Hamel, on a motion seconded by Council Member Ritter, moved approval of concurrent advertisement for PLN-USE-2018-027, Chubby s Pumpkin Patch Carnival. 6
On the motion to approve concurrent advertisement for PLN-USE-2018-027, Chubby s Pumpkin Patch Carnival, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale, Ward and West. Council Member Ritter requested a report addressing Mr. Langley s variance request. Mayor West relinquished the gavel to Vice Mayor de Triquet. APPOINTMENTS TO BOARDS AND COMMISSIONS A. Economic Development Authority 2 appointments (Interviews were held on August 14, 2018 prior to the Work Session) Vice Mayor de Triquet instructed Council Members to vote for up to two of the nominees. City Clerk Madison read the names of the nominees into the record. Michael Malone received four votes from Council Members Ike, Parker, Vitale and Ward. Vice Mayor de Triquet recognized Council Member Best who read the following Statement of Abstention: I wish to abstain from the vote on Patrick L. Reynolds, who has been nominated for reappointment to the Economic Development Authority, and serves on the Southeast Virginia Community Foundation (SEVACF) Board of Directors. I am Chief Executive Officer of the SEVACF. I am compensated for my services. While this does not pose a legal conflict, I wish to avoid the appearance of impropriety. The City Attorney s Office has confirmed that my abstention is consistent with the objectives of the Conflict of Interests Act. Patrick Reynolds received seven votes from Council Members de Triquet, Hamel, Parker, Ritter, Vitale, Ward and West. Robert Riddle received one vote from Council Member Ike. Arthur Robinson received four votes from Council Members Best, Hamel, Ritter and West. Second Round of voting Vice Mayor de Triquet instructed Council Members to vote for one nominee. Michael Malone received three votes from Council Members Ike, Vitale and Ward. Arthur Robinson received five votes from Council Members Best, Hamel, Parker, Ritter and West. Patrick Reynolds was reappointed and Arthur Robinson was appointed to the Economic Development Authority. B. Transportation District Commission of Hampton Roads 1 appointment Council Member Ritter nominated Vice Mayor John de Triquet for appointment. Council Member Parker, on a motion seconded by Council Member Hamel, moved to close the nominations and appoint the nominee. On the motion to close the nominations and appoint the nominee, voting yes: Council 7