city council work session · -1- city council work session june 23, 2015 a regular work session of...

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City Council Work Session June 23, 2015

A Regular Work Session of the Chesapeake City Council was held June

23, 2015 at 4:30 p.m., in the City Hall Building, 306 Cedar Road.

Present: Council Member Lonnie E. Craig

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 Administration: City Manager James Baker, City Attorney Jan

Proctor, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda

Barnard-Bailey, Acting City Clerk Beverly Pender, Director of Finance Nancy

Tracy, Director of Public Works Eric Martin, and other staff members.

Also Present: None

The following topics were discussed during the Work Session:

(1) Position Management/Budget Transfers/Ordinances

(2) SPSA

The Work Session adjourned at 6:00 p.m.

/mbw

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Regular City Council Meeting

June 23, 2015

A Regular Meeting of the Chesapeake City Council was called to order by

Mayor Alan P. Krasnoff on June 23, 2015 at 6:30 p.m. in the City Hall Building,

306 Cedar Road.

INVOCATION: Mayor Alan P. Krasnoff

PLEDGE OF ALLEGIANCE: Girl Scout Troop 302

ROLL CALL BY CLERK OF COUNCIL:

Present: Council Member Lonnie E. Craig

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, Acting City Clerk Beverly Pender, and other

staff members.

APPROVAL OF MINUTES

Mayor Krasnoff stated that the minutes for the Work Session and Regular

Meeting of April 28, 2015 were submitted for approval.

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Vice Mayor de Triquet, on a motion seconded by Council Member Ward,

moved approval of the minutes for the Work Session and Regular Meeting of

April 28, 2015, as presented.

There was no discussion.

On the motion to approve the minutes for the Work Session and Regular

Meeting of April 28, 2015, as presented, voting yes: Council Members Craig,

Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West

Voting no: None

Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet.

PROCLAMATION – PARKS AND RECREATION MONTH

Mayor Krasnoff called Parks, Recreation and Tourism Director Michael

Barber, Recreation Manager Tyler Stefkovich and Recreation Intern Amanda

Krause to the podium to accept the Proclamation proclaiming July, 2015 as

Parks and Recreation Month. Comments were offered by Mr. Barber.

SPECIAL PRESENTATION – 2015 BUSINESS APPRECIATION AWARDS

Mayor Krasnoff called Economic Development Director Steven Wright;

Voncile Gilbreath, Senior Business Development Manager; Taylor Made

Diagnostics, Inc. Founder and President Caroline Taylor, accompanied by her

husband and daughter, and Operations Manager Stella McClain; Technico

Corporation President/CEO Ray Wittersheim, Senior Vice President Mark

Oakley, Vice President of Finance & Facilities Larry Torrech, Founder/Past

President Mike Torrech, Vice President of Marketing and Business Development

Richard Freeman, Controller and Corporate Secretary Lisa Foley, and Vice

President of Operations Danny Oertel; City of Chesapeake Community Programs

Administrator Mary Riley and Senior Community Programs Specialist Kathryn

Jessee forward for the Special Presentation.

Mr. Wright announced that Technico Corporation had been named the

2015 Chesapeake Waterfront Business of the Year. Comments were offered by

Mr. Wittersheim.

Mr. Wright announced Taylor Made Diagnostics, Inc. had been named the

2015 Chesapeake Business of the Year. Comments were offered by Ms. Taylor

and Ms. McClain.

Mr. Wright offered comments on the 15th Annual Chesapeake Business

Appreciation Golf Classic & Cookout held on May 15, 2015. The Chesapeake

Youth Committee was the charity selected to receive the golf tournament

proceeds. Mr. Wright presented a check in the amount of $8,006.11 to Ms. Riley

who offered her thanks and appreciation to the community and sponsors for

supporting the golf tournament.

CERTIFICATE OF RECOGNITION

Mayor Krasnoff invited Deputy City Manager Amar Dwarkanath to the

podium, along with staff members who were present. Mayor Krasnoff read and

presented a Certificate of Recognition to Deputy City Manager Dwarkanath

commemorating his 45 years of service with the City of Chesapeake and in honor

of his upcoming retirement.

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City Manager Baker offered congratulatory comments to Mr. Dwarkanath.

Mr. Dwarkanath spoke to his tenure with the City of Chesapeake and

thanked Council Members for their support.

APPLICANTS’, AGENTS’, AND CITIZENS’ COMMENTS ON NON-PLANNING

PUBLIC HEARING ITEM

Acting City Clerk Pender stated there were no speakers prior to the

presentation of the Non-Planning Public Hearing Item.

COUNCIL’S CONSIDERATION OF NON-PLANNING PUBLIC HEARING ITEM

Non-Planning Public Hearing Item

A. #15-R-041 RESOLUTION AUTHORIZING THE CITY MANAGER

TO EXECUTE A LEASE OF REAL PROPERTY LOCATED AT 445 DOMINION

BOULEVARD SOUTH TO GUY B. AND CATHERINE F. WALTERS FOR

OCCUPANCY AS A RESIDENCE FOR A PERIOD OF TIME COMMENCING ON

JUNE 5, 2015 UNTIL NO LATER THAN OCTOBER 31, 2015

Acting City Clerk Pender 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 Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and

West.

Voting no: None

CITIZENS’ COMMENTS ON AGENDA ITEMS ONLY

Acting City Clerk Pender identified the following speaker:

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Grady Palmer, 1403 Greenbrier Circle, representing Chesapeake ILAL

Investors, LLC spoke in support of New Business Item (B).

CONSENT AGENDA

Acting City Clerk Pender read the Consent Agenda into the record.

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.

Council Member Davis asked that City Manager Item 2(B) be removed

from the Consent Agenda for consideration under the Regular Agenda.

Council Member West, on a motion seconded by Council Member Ward,

moved approval of the Consent Agenda, with the exception of City Manager Item

2(B), as presented.


On the motion to approve the Consent Agenda, with the exception of City

Manager Item 2(B), as presented, voting yes: Council Members Craig, Davis, de

Triquet, Ike, Kelly, Krasnoff, Ritter, Ward, and West.

Voting no: None

City Clerk Items

(1) RESIGNATIONS

A. Renee Walker – Hampton Roads Disabilities Board

B. Selena Lee-Watson – Chesapeake Youth Committee

C. Christopher Austin – Local Emergency Planning Committee

D. Yunice Bellinger – Local Emergency Planning Committee

E. Bryan Genzler – Local Emergency Planning Committee

F. Samuel Jarrett – Local Emergency Planning Committee

G. Milton Saunders – Local Emergency Planning Committee

H. Rebecca Washburn – Local Emergency Planning Committee

I. Jennifer Foster – Local Emergency Planning Committee

J. Christina Hardwick – Chesapeake Youth Committee

(2) REFUNDS

A. Southern Trust Mortgage LLC - $6,693.74

B. Mill Log Equipment Company, Inc. - $3,194.47

C. Salqur Enterprises, Inc., T/A Seven-Eleven Store #33473 -

$11,251.35

D. Intown Properties II LLC, - $2,796.82

E. Renaissance Capital Alliance LLC - $9,422.34

F. Area Equipment LLC - $7,659.90

G. United Rentals (North America), Inc. - $27,838.78

(3) ACKNOWLEDGEMENTS:

Public necessity, convenience, general welfare and good zoning practice

require the following zoning reclassification requests to be heard. These

requests are not public hearing items at this time. These items will be heard by

the Planning Commission on July 8, 2015 and will be considered by City Council

at a future meeting:

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A. R(C)-14-13 Newman Commercial Property APPLICANT: Guy A.

Newman AGENCY: Horton & Dodd, PC PROPOSAL: A conditional zoning

reclassification of 12.98± acres from A-1, Agricultural District to B-2, General

Business District. PROPOSED COMP LAND USE / DENSITY:

Business/Commercial EXISTING COMP LAND USE / DENSITY:

Business/Commercial LOCATION: West side of Battlefield Blvd South, adjacent

to Border Station TAX MAP SECTION/PARCEL: 1190000000450 BOROUGH:

Pleasant Grove

B. R(C)-14-20 The Enclave at Edinburgh APPLICANT: Oceanside

Building, LLC AGENCY: Pinnacle Group Engineering, Inc. PROPOSAL: A

conditional zoning reclassification of approximately 25.8± acres from A-1,

Agricultural District (24.8± acres) and B-1, Neighborhood Business District (1±

acre), to R-MF-1, Residential Multi-Family District (23.8± acres) and B-2, General

Business District (2± acres). PROPOSED COMP LAND USE / DENSITY:

Medium Density Residential with 5.5 dwelling units per acre proposed and

Business/Commercial EXISTING COMP LAND USE / DENSITY:

Business/Commercial LOCATION: 1902 Battlefield Blvd South TAX MAP

SECTION/PARCELS: 0850000000570, 0850000000216, 0850000000580

BOROUGH: Pleasant Grove

City Manager Items

(1) POSITION MANAGEMENT

A. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY

MANAGER TO APPROVE A REQUEST TO ADD A PART-TIME, SPECIAL

PROJECT, PROJECT MANAGER POSITION IN THE DEPARTMENT OF

PUBLIC WORKS – DEPARTMENT OF PUBLIC WORKS

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B. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY

MANAGER TO APPROVE A REQUEST TO RECLASSIFY AN ENGINEER I

POSITION TO AN ENGINEER II POSITION AND AN ENGINEER I POSITION

TO AN ENGINEERING TECHNICIAN IV POSITION IN THE STORMWATER

DIVISION – DEPARTMENT OF PUBLIC WORKS

C. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY

MANAGER TO APPROVE A REQUEST TO RECLASSIFY A SPECIAL

PROJECT (TEMPORARY) ASSISTANT CITY ATTORNEY III POSITION TO A

PERMANENT ASSISTANT CITY ATTORNEY III POSITION – OFFICE OF THE

CITY ATTORNEY

(2) BUDGET TRANSFERS

A. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY

MANAGER TO APPROVE A REQUEST FOR THE TRANSFER OF $12,009.79

FROM THE GROUNDS MAINTENANCE PROGRAM TO THE ADA

ACCESSIBLE CANOE LAUNCH GRANT PROJECT – DEPARTMENT OF

PARKS, RECREATION AND TOURISM

B. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY

MANAGER TO APPROVE A REQUEST FOR THE TRANSFER OF A TOTAL

OF $104,371 ($68,419 FROM SALARIES AND $35,952 FROM CONTROLLED

EXPENSES) TO GENERAL EXPENSES ($86,688) AND CAPITAL OUTLAY

($17,683) FOR REPAIRS / MAINTENANCE AND EQUIPMENT AT THE

CONFERENCE CENTER – DEPARTMENT OF PARKS, RECREATION AND

TOURISM

(This item was considered under the Regular portion of the Agenda)

C. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY

MANAGER TO APPROVE A REQUEST FOR THE TRANSFER OF $24,425

FROM GENERAL EXPENSES TO CAPITAL OUTLAY FOR THE CHESAPEAKE

TRANSPORTATION SYSTEM – DEPARTMENT OF PUBLIC WORKS

D. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY


FROM NON-DEPARTMENTAL CITY-WIDE OPERATIONS TO

ENVIRONMENTAL PROTECTION INITIATIVES – OFFICE OF THE CITY

ATTORNEY

E. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY


FROM THE CITY’S SALARIES CONTINGENCY FUND TO

PAYROLL/BENEFITS IN THE OFFICE OF THE CITY MANAGER – BUDGET

OFFICE

F. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY

MANAGER TO TRANSFER $110,622.14 FROM THE CITY’S OPERATIONS

CONTINGENCY TO THE GRANT FUND TO REFUND GRANT PROCEEDS

RECEIVED FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY

(FEMA) THROUGH THE VIRGINIA DEPARTMENT OF EMERGENCY

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MANAGEMENT (VDEM) AND SUB-GRANTED TO THE CITY OF

CHESAPEAKE – OFFICE OF THE CITY MANAGER

G. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY


FROM THE CITY’S OPERATIONS CONTINGENCY TO THE DEPARTMENT OF

ECONOMIC DEVELOPMENT – DEPARTMENT OF ECONOMIC

DEVELOPMENT

(3) #15-O-092 REQUEST FOR APPROPRIATION OF $47,500 IN

ADDITIONAL HAZARD MITIGATION PROGRAM GRANT FUNDS AWARDED

BY THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT – FIRE

DEPARTMENT

(4) #15-O-093 REQUEST FOR APPROPRIATION OF AN ADDITIONAL

$1,174.86 IN LOCAL EMERGENCY MANAGEMENT PERFORMANCE GRANT

FUNDS AWARDED BY THE VIRGINIA DEPARTMENT OF EMERGENCY

MANAGEMENT – FIRE DEPARTMENT

Vice Mayor de Triquet relinquished the gavel back to Mayor Krasnoff.

REGULAR AGENDA

City Manager Items

(2) B. REQUEST THAT CITY COUNCIL AUTHORIZE THE CITY

MANAGER TO APPROVE A REQUEST FOR THE TRANSFER OF A TOTAL

OF $104,371 ($68,419 FROM SALARIES AND $35,952 FROM CONTROLLED

EXPENSES) TO GENERAL EXPENSES ($86,688) AND CAPITAL OUTLAY

($17,683) FOR REPAIRS / MAINTENANCE AND EQUIPMENT AT THE

CONFERENCE CENTER – DEPARTMENT OF PARKS, RECREATION AND

TOURISM

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City Manager Baker presented the item for approval.

Council Member Davis requested further explanation for the transfer

request.

City Manager Baker clarified the request, noting the net effect was neutral

as the request was to transfer line items previously approved by City Council

from one Conference Center account to another to fund specific expenses not

anticipated.

Council Member Davis, on a motion seconded by Council Member Ward,

moved approval of the Request, as presented.

There was no additional discussion.

On the motion to approve the Request, as presented, voting yes: Council

Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

(5) REQUEST TO RELEASE $771,489 OF PREVIOUSLY COMMITTED

FUNDS FROM THE COMMITTED FUND BALANCE OF THE GENERAL FUND

– DEPARTMENT OF FINANCE

City Manager Baker presented the item for approval.

Vice Mayor de Triquet, on a motion seconded by Council Member Craig,

moved approval of the Request, as presented.

Council Member Davis distributed the Fund Balance page from the

financial statements for the period ending June 30, 2014 to City Council

Members. He highlighted the general fund and debt service fund ending

balances and inquired about the reasoning for the release request.

City Manager Baker reiterated the numbers Council Member Davis

referenced were for the period ending June 30, 2014 and that the request was

essentially a “clean-up” of previously committed funds for unemployment claims

and an energy contingency that were not required.

Discussion continued between Council Member Davis and City Manager

Baker concerning the Unassigned Fund Balance requirement.

Council Member Davis requested more details be provided to City Council

Members on future requests to release previously committed funds.


On the motion to approve the Request, as presented, voting yes: Council

Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

CITIZENS’ COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF

THE CITY (NON AGENDA SPEAKERS)

Acting City Clerk Pender identified the following speakers:

Edward Fritz, 4649 Backwoods Road, representing self, spoke on cable

service in his neighborhood.

Francis Nugent, 1041 Sharon Drive, representing self, spoke about

fluoride in drinking water.

Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet.

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APPOINTMENTS TO BOARDS AND COMMISSIONS

A. Chesapeake Redevelopment and Housing Authority – 2 vacancies

Appointments were made at the June 9, 2015 City Council meeting.

B. South Norfolk Revitalization Commission – 1 appointment

Appointment was made at the June 9, 2015 City Council meeting.

C. Animal Services Advisory Committee – 1 appointment

Council Member Ritter nominated Sarah Barker for appointment.

Council Member Kelly, 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 Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward

and West.

Voting no: None

Sarah Barker (veterinarian) was appointed to the Animal Services

Advisory Committee.

D. Chesapeake Cable Television Commission – 1 appointment

Council Member Ward nominated Clyde “Bud” Shelton for appointment.

Council Member West, on a motion seconded by Council Member Ike,





and West.

Voting no: None

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Clyde “Bud” Shelton was appointed to the Chesapeake Cable Television

Commission.

Vice Mayor de Triquet relinquished the gavel back to Mayor Krasnoff.

E. Chesapeake Commission on Health and Well Being – 3 appointments

Vice Mayor de Triquet nominated Jan Branham, Christine Hall-Reichert

and Douglas Murff for appointment.

Vice Mayor de Triquet, 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


and West.

Voting no: None

Jan Branham (citizen), Christine Hall-Reichert (citizen) and Douglas Murff

(Sheriff Department representative) were appointed to the Chesapeake

Commission on Health and Well Being.

F. Chesapeake Youth Committee – 4 appointments

Council Member Ike nominated Feona Huff, Chilee Hailes, Carley Hill and

Emily Triolet for appointment.

Council Member Ward, on a motion seconded by Council Member Kelly,





and West.

Voting no: None

Feona Huff (citizen), Chilee Hailes (citizen), Carley Hill (student) and Emily

Triolet (student) were reappointed to the Chesapeake Youth Committee.

G. Fine Arts Commission – 2 appointments

Council Member Ward nominated Priscilla Boggs and Brad Decker for

appointment.

Council Member Kelly, on a motion seconded by Council Member Ike,





and West.

Voting no: None

Priscilla Boggs and Brad Decker were appointed to the Fine Arts

Commission.

H. Hampton Roads Disabilities Board – 1 appointment

Council Member West nominated Chilee Hailes for appointment.

Council Member Ike, on a motion seconded by Council Member Ward,


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and West.

Voting no: None

Chilee Hailes (family member) was appointed to the Hampton Roads

Disabilities Board.

I. Mosquito Control Commission – 3 appointments

Council Member West nominated Robert Mann for reappointment and

Steve Bynum and Paul Wright for appointment.






and West.

Voting no: None

Robert Mann was reappointed and Steve Bynum and Paul Wright were

appointed to the Mosquito Control Commission.

J. Natural Event Mitigation Advisory Committee – 2 appointments

Council Member Ritter nominated Douglas Bruno for reappointment and

Kim Finnerty for appointment.

Council Member Ward, on a motion seconded by Council Member Ike,



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and West.

Voting no: None

Douglas Bruno was reappointed and Kim Finnerty (Community Programs

representative) was appointed to the Natural Event Mitigation Advisory

Committee.

K. Parks and Recreation Advisory Committee – 1 appointment

Council Member Davis nominated Alyssa Stukes for appointment.






and West.

Voting no: None

Alyssa Stukes (student) was appointed to the Parks and Recreation

Advisory Committee.

L. Public Art Committee – 4 appointments

Council Member Ward nominated Robin Freeman for reappointment and

Jim Calder, LaVerne Reed and Michael Williams for appointment.






and West.

Voting no: None

Robin Freeman was reappointed and Jim Calder, LaVerne Reed and

Michael Williams were appointed to the Public Art Committee.

M. Transportation Safety Commission – 1 appointment

Council Member Ike nominated Taylor Overton for reappointment.






and West.

Voting no: None

Taylor Overton was reappointed to the Transportation Safety Commission.

UNFINISHED BUSINESS

A. RESOLUTION DIRECTING THE CITY MANAGER TO TAKE

APPROPRIATE ACTION TO FUND THE $6,839,100.00 UNFUNDED ADDITION

TO OSCAR SMITH HIGH SCHOOL UTILIZING APPROXIMATELY

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$3,400,000.00 IN AVAILABLE PROFFER FUNDS AND, TO THE EXTENT

NECESSARY FOR BONDING, AVAILABLE FUNDS FROM THE CONFERENCE

CENTER FUND (Continued from the April 14, 2015 and June 9, 2015 City

Council meetings) (Council Member Davis)

Acting City Clerk Pender read the item into the record.



Council Member Davis presented several slides and spoke in support of

his motion to approve the Resolution.

City Manager Baker highlighted his conversations with School

Superintendent Roberts about this topic. He addressed the Schools intention to

request funds later in the year for the design portion of the project. He also noted

that Dr. Roberts’ recommendation was to defer action until a specific funding

request was made by the School Board. Mr. Baker indicated that he supported

the Schools request for City Council to defer action and he spoke to his

justification. He emphasized his agreement that the project was an important

need for the Schools.

Dr. Ward offered comments in support of the motion, noting delaying the

project could cost more in the long run.

Council Member West spoke to Great Bridge High School’s declining

enrollment and his support of deferring action pending a request from the

Schools.

Council Member Craig inquired about the anticipated timeframe for a

recommendation to be submitted by the Schools. City Manager Baker

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responded that Superintendent Roberts had indicated that this project was a

priority and potentially could come forward within the next six months.

Vice Mayor de Triquet commented that all parties had the same goal

which was to relieve overcrowding at Oscar Smith High School. He summarized

the discussion, noting that City Manager Baker, Superintendent Roberts, and the

School Board were actively talking about methods to achieve the goal and the

need for other schools, such as Great Bridge High School, to be utilized more

effectively and efficiently should be considered.

Vice Mayor de Triquet, on a substitute motion seconded by Council

Member Kelly, moved to defer consideration of funding until which time City

Manager Baker, in conjunction with School Superintendent Roberts and the

School Board, come to City Council with specific recommendations regarding

Oscar Smith High School.

Council Member Ritter asked that the Schools Planning Department

provide City Council with information on attendance zones.

Council Member Davis offered additional comments in support of the main

motion and expressed concern that the proposed substitute motion did not have

a deadline. He encouraged City Council Members to take action to support the

main motion.

Council Member Ward offered comments of concern for the students and

the school system and reiterated her previous comments of support for the main

motion.


On the substitute motion to defer consideration of funding until which time

City Manager Baker, in conjunction with School Superintendent Roberts and the

School Board, come to City Council with specific recommendations regarding

Oscar Smith High School, voting yes: Council Members Craig, de Triquet, Kelly,

Krasnoff, Ritter, and West.

Voting no: Council Members Davis, Ike and Ward

B. AN ORDINANCE AMENDING CHAPTER 66 OF THE CITY CODE,

ENTITLED “STREETS AND SIDEWALKS,” ARTICLE II, “INSTALLATIONS,

TREE CUTTINGS OR OTHER WORK AFFECTING STREETS, SECTION 66-

104 THEREOF, TO SPECIFY LAWFUL MAILBOX AND NEWSPAPER BOX

SITING AND CONSTRUCTION SPECIFICATIONS (Continued from the April 28,

2015 City Council meeting) (Council Member Davis)


Council Member Davis requested the item be withdrawn, noting there was

no ability for violators to be charged with anything less than a misdemeanor.

City Attorney Proctor further explained that there was no express authority

for civil penalties.

Without objection, the item was withdrawn.

C. #15-R-042 RESOLUTION REQUESTING THE PLANNING

COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS

CONCERNING THE PROPOSED AMENDMENTS TO ARTICLES 6, 7 8, 9 AND

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10 OF THE CHESAPEAKE ZONING ORDINANCE TO AMEND THE TABLES

OF PERMITTED AND CONDITIONAL USES AND CONDITIONS GOVERNING

SOLID WASTE MANAGEMENT FACILITIES (Council Member Davis)


City Attorney Proctor expounded on the Resolution, noting it was a

housekeeping measure asking the Planning Commission to review the

amendments relating to the table of uses for solid waste management facilities

and other types of sanitary services for correct and consistent terminology and

clarification of where solid waste management facilities were not permitted,

particularly in residential districts.

Council Member Davis, on a motion seconded by Council Member West,





West.

Voting no: None

Mayor Krasnoff asked City Council Members for any additional Unfinished

Business; there was none offered.

NEW BUSINESS

A. #15-R-043 RESOLUTION REQUESTING THE PLANNING

COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS

CONCERNING PROPOSED AMENDMENTS TO ARTICLE 20, SECTIONS 20-

301, 20-401, 20-402, 20-704 AND 20-801 OF THE CHESAPEAKE ZONING

ORDINANCE TO UPDATE REFERENCES TO THE CODE OF VIRGINIA,

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AMEND THE STANDARDS FOR GRANTING A VARIANCE, AND STANDARDS

FOR APPEALS FROM THE BOARD OF ZONING APPEALS TO THE CIRCUIT

COURT (Council Member Ike)


Council Member Ike, on a motion seconded by Council Member Craig,





West.

Voting no: None

B. RECONSIDERATION OF THE MOTION FOR R(C)-14-30: THE

CROSSING AT OAKBROOKE (This item was denied on a 2-7 vote at the June

16, 2015 City Council Meeting with Council Members Davis, de Triquet, Kelly,

Krasnoff, Ritter, Ward and West voting in opposition) (Reconsideration was

requested by Council Members Davis, Ike and Ward)



moved approval of the Reconsideration Request, as presented.

Council Member Davis spoke in support of his motion, noting approval

would send a signal that the City Council supports the project being located in

Chesapeake but at a different location.

Mayor Krasnoff asked for clarification on the action being requested of

City Council.

A lengthy discussion ensued between City Attorney Proctor and Council

Members on the process and the reasoning for the reconsideration.

Mr. Palmer was asked to the podium for additional questions.

Discussion continued concerning the details of the request.


On the motion to approve the Reconsideration Request, as presented,

voting yes: Council Members Craig, Davis, Ike, Ward and West.

Voting no: de Triquet, Kelly, Krasnoff and Ritter

There was brief discussion on the advertising requirement for the

reconsideration and the applicant’s timeline.


moved to hear the reconsideration of R(C)-14-30 at the July 21, 2015 City

Council Meeting.


On the motion to approve the reconsideration of R(C)-14-30 at the July 21,

2015 City Council Meeting, voting yes: Council Members Craig, Davis, de

Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

Mayor Krasnoff asked City Council Members for any additional New

Business; there was none offered.

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REQUEST FOR CLOSED SESSION

City Attorney Proctor advised there would be two Closed Session motions.

City Attorney Proctor provided the following language for the first Closed

Session: “to i) discuss personnel issues concerning a City Council appointee,

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 2.2-3711(A)(1)

and (7) of the Code of Virginia.”

Council Member Ward, on a motion seconded by Vice Mayor de Triquet,

moved approval of the first Closed Session.


On the motion to approve the first Closed Session discussions, voting yes:


West.

Voting no: None

City Attorney Proctor provided the following language for the second

Closed Session topic: “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, and consultation

with legal counsel employed or retained by the City regarding specific legal

matters relating to the Chesapeake Energy Center that require the provision of

legal advice by such counsel, as permitted by Section 2.2-3711(A)(7) of the Code

of Virginia.”

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Council Member Davis read the following Statement of Abstention: “I am

abstaining from participating in this Closed Session to avoid any appearance of

impropriety arising out of my ownership of stock in Dominion Virginia Power and

its affiliate companies. The City Attorney has confirmed that my abstention is

consistent with the objectives of the Virginia Conflict of Interests Act.”


moved approval of the second Closed Session topic.


On the motion to approve the second Closed Session discussions, voting

yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and

West.

Voting no: None (Council Member Davis abstained)

City Council recessed at 8:34 p.m., convened the Closed Session at 8:40

p.m., and reconvened the meeting at 9:24 p.m.

CERTIFICATION OF THE CLOSED SESSION

City Attorney Proctor read the following regarding the first closed session

topic: “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. Those items were discussion of

personnel issues concerning a City Council appointee and consultation with legal

counsel.”


moved to approve certification of the first Closed Session discussions.


On the motion to approve certification of the first Closed Session

discussions, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly,

Krasnoff, Ritter, Ward and West.

Voting no: None

City Attorney Proctor read the following regarding the second closed

session topic: “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. Those items were specific legal matters

relating to the Chesapeake Energy Center.”


moved to approve certification of the second Closed Session discussion.


On the motion to approve certification of the second Closed Session

discussion, voting yes: Council Members Craig, de Triquet, Ike, Kelly, Krasnoff,

Ritter, Ward and West.

Voting no: None (Council Member Davis abstained)

- 20 -

BENEDICTION

Council Member Kelly offered the evening’s benediction.

ADJOURNMENT

With there being no further business to discuss, Mayor Krasnoff adjourned

the meeting at 9:26 p.m.

/mbw

______________________________

Mayor Attest: ___________________________ Acting City Clerk

city council work session · -1- city council work session june 23, 2015 a regular work session of...

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