2:48Want to welcome everyone to our October twenty first, twenty twenty-five work session.
2:53Tonight we're gonna be discussing a topic that has been on our minds for at least two to three years, Mr.
3:00It is, thank you, Mr.
3:01Very happy uh to have this conversation tonight.
3:04Um SIPSA has uh and city staff have briefed council several times on the future of the landfill, future of um uh waste management, future of recycling, and uh we promise that we would continue to come back at appropriate touch points.
3:18So um, Earl and Dennis are going to give you an update on where we are and a preview of uh coming agenda items.
3:27Manager, uh Mayor, Vice Mayor, and Council.
3:30Uh appreciate the opportunity to again brief you on uh this very important topic.
3:34Uh I have with me tonight uh my counterpart on the board, Mr.
3:38John Maxwell, he's the governor's appointee to the board.
3:41Uh and uh that Dennis uh as you know serves as the executive director of SIPSA, so I'll turn it over to Dennis to walk us through his presentation.
3:51Umor, uh, Vice Mayor and members of council.
3:56I'm happy to be with you again this evening.
3:58We're getting uh close to the end of this road, and um, I'm pleased to be able to brief you on where we are at this point um in the process.
4:09Uh I want to kind of review a little bit about our use of support agreements and what they are and what because that's one of the asked tonight.
4:17Uh effective uh January of twenty eighteen SIPSA entered into identical use of support agreements with all of our eight member communities.
4:25And um the use of support agreements uh really are just a fundamental uh plan for how the two parties will work together um to to manage the the region's waste.
4:37Uh the initial term of that agreement uh was um th through the end of June of twenty twenty-seven, which is just around the corner.
4:45And each of the use of support agreements were were set to automatically renew on um that date if we did not receive written notice from one of the member localities eighteen months prior to uh the end of the term.
5:00And that means it would need to be we would need to receive notice by December the 31st of 2025, which is next month, two months out, excuse me.
5:11So I guess uh the question is why why would you want to renew uh the agreement with with SIPSA?
5:17First of all, uh SIPSA has a proven track record of delivering really efficient and innovative solid waste management services for the region for many, many years.
5:27Uh SIPSA has uh have been in a relationship with Chesapeake to to manage the Chesapeake's waste for many years, and we've been very successful in that, and the citizens have benefited from that.
5:39And uh lastly, um SIPSA's recently obtained all the regulatory uh permits required to expand the regional landfill and give uh capacity to the region through the year 2060.
5:51Uh that is the only capacity within the region currently, and to go outside of the region for uh waste is very expensive, and we'll talk a little bit about that in a few minutes.
6:03Uh future disposal capacity is um extremely important to the region.
6:09If uh maintaining future disposal capacity uh gives us the ability to be able to uh participate in uh fruitful negotiations for for space for airspace uh and also disposal rates.
6:22Uh without it, you you're you go to the table and you're kind of at the mercy of whoever you're negotiating with because you don't have any other options.
6:30So it's imperative that we maintain uh disposal capacity within the region for many, many, many years.
6:37Uh one of the the issues we have currently uh is we just went through a four-year process to uh permit uh the the cells eight and nine at the regional landfill and then the regional landfill is hydrologically connected to the dismal swamp and the remaining land of the landfill is all wetlands.
6:59Uh what while we were able to get sales eight and nine permitted, part of the process we had to give up any remaining space at the regional landfill.
7:06So there's about 280 acres left out there, but it's all wetlands, and we had to put that into an environmental easement so that no further expansion of the regional landfill can happen.
7:18And during this process of the EIS, uh we explored about 150 sites across the region uh for additional landfill space, and uh the core and their third-party consultant deemed none of them appropriate uh with the exception of two sites in uh Southampton County and Southampton County very quickly passed a resolution to um to not allow landfill to be built in the county.
7:43So uh that eliminated those two sites that were possibilities.
7:47So there is no other possibilities in the region, and you can imagine nobody wants a landfill in their backyard.
7:53So at the current uh waste volumes, uh the landfill that we that the region is currently producing the landfill would be at capacity at the year 2060.
8:03And in my business, 2060 is not very far away.
8:07I won't be here, but somebody will have to deal with that issue in 2060.
8:11And uh so we were trying to address it now.
8:14After 2060, waste would have to be hauled to private landfills outside of the SIPS service area, um, increasing our carbon footprint, uh increasing greenhouse gas, and we would be at the mercy of whatever landfill we were hauling that material to uh to give us a fair and reasonable cost for disposal.
8:34Uh and another uh thing that needs to be clear is in the state of Virginia, we're not uh DQ is not permitting uh landfills um every day.
8:44And what's happening is the capacity is going down, the need staying consistent, so what you end up seeing is uh capitalism taking over and uh supply and demand is is what drives the price in.
8:59The projected cost as part of the EIS environmental impact statement that was done in order for us to permit sales eight and nine, a third-party uh consultant for the Army Corps of Engineers this said in the in the uh in in the statement that it would cost 125 dollars in today's dollars uh when 2060 rolls around to be able to find landfill space.
9:26We're currently at 65 dollars.
9:28So you can imagine what would happen if we do nothing.
9:34Uh how do we plan for the future?
9:37I think it's important that we look at long-term disposal at the regional landfill, and we've got to reduce the amount of waste going into the regional landfill.
9:46There's multiple things.
9:47Number one is we need to reduce waste across the the region in general, not just what we put in the landfill, but we need to reduce the waste.
9:55But we also need to be mindful of what we're putting in the landfill and only put in the landfill what has to go in the landfill.
10:00If we can recycle it or reuse it, we need to do that.
10:05So how do we reduce the volume?
10:08In February of 24, uh SIPSA engaged in an RFP uh to find a alternative waste disposal, and that's really the way we put it out.
10:17Said we want to find an alternative waste disposal mechanism.
10:21Uh what we got back was um some kind of multiple responses, but um the SIPSA board eventually uh settled in on a company called Commonwealth Sortation LLC, and they were to but provide uh mixed waste sorting facility, which means they take trash and they sort the recyclables out of it and they sort the organics out of it.
10:44Um this contract uh with Commonwealth Sortation would guarantee a diversion rate of 50 percent.
10:51And there's a lot of talk about diversion and recycling.
10:53I want to be clear about the difference in diversion and recycling.
10:57Recycling is when you actually take the material and you do you recycle it and reuse it for the same use.
11:04But diversion is just moving moving waste away from the landfill.
11:07You can do a lot of things with it.
11:09Doesn't have to be recycled.
11:10Uh you could do uh you can turn it into another product of some sort.
11:15So diversion and recycling are two totally different um issues that we're dealing with, but this contract deals with both of those issues.
11:27So 20 percent of the waste uh would be recycled.
11:31Um thirty percent of the waste would be in the form of organics, and it would be processed by the process called pyrolysis.
11:39And anyone who's had chemistry in high school knows what pyrolysis is.
11:43It's the addition of heat and the absence of oxygen that turns the organics into carbon uh is most basic element.
11:50So it creates a product called biochar, and biochar is a material that is an additive to uh concrete is one of the main sources right now, and concrete industry can't get enough of it, but it also provides for carbon credits you can sell.
12:07Uh those carbon credits are sold to companies, uh very large companies like uh Amazon, uh Google, Microsoft, uh, and they are very lucrative.
12:16And really the carbon credits are what makes this project work, so that the tip fee to our individual localities is not absorbing it.
12:25So the alternative waste disposal would reduce the waste stream by 50 percent and extend the life of the regional landfill through the year 2025.
12:35I want to reiterate that 20 percent of that would be recycling, 30 percent of it would just be diversion through the uh turning organics into biochar.
12:48There's some facts I want to uh share with you tonight about the project.
12:52The project guarantees, and when I say guarantee, if they don't produce, then there's liquidated damages attached to this.
12:59The project guarantees 20 percent of the waste collected in Chesapeake would be recycled versus 7 percent with curbside recycling.
13:08That's the seems to be the average.
13:10Um I think Earl could probably speak to your specific numbers better than I can, but across the my my numbers across the region are about seven percent for curbside recycling.
13:21Uh according to uh 2023 waste characterization study that SIPSA um engaged in, um there's about 28.1 percent of Chesapeake's waste is recyclable material.
13:35That uh equates to about 33,700 tons of your waste is recyclable.
13:41Um that is again 28 percent.
13:44All we're saying is we're gonna pull out 20 percent of that.
13:47We think that number is gonna be higher, but we um are guaranteed that we're gonna get 20 percent out of it.
13:54The alternative waste disposal contract also guarantees that the increase will be 13 percent.
14:00If you currently have 7 percent, you go to 20 percent, that's 13 percent increase in your recycling rate.
14:08The alternative uh waste contract also guarantees a diversion rate of 50 percent total.
14:14Again, as I've already said, 20 percent of that is recyclables or 24,000 tons, and 30 percent of that would be organics or 36,000 tons.
14:25So here is an estimated uh five-year tip fee comparison uh versus continuing at municipal solid waste uh collection as we currently do.
14:35Uh next year the tip fee is scheduled to be $67 a ton, it would go to $71 a ton next year versus $67 a ton.
14:45In FY28, it would be $78, and then when the system is fully ramped up, it would go to $86 in FY29, and then it uh it there's a two percent uh annual escalation in that's uh in the contract.
15:00versus continuing at municipal solid waste uh collection as we currently do uh next year the tip fee is scheduled to be 67 dollars ton it would go to 71 dollars a ton next year versus 67 dollars tonight it would be 78 dollars and then when the system is fully ramped up it would go to 86 dollars in FY29 and then it uh it there's a 2 percent um annual escalation in that's uh in the contract so there are a few assumptions to come up with those numbers uh those assumptions are that the contract would go into play uh it would be signed and and and start uh july of july 1 of 2026 uh the escalation for the current disposal rate was based on 3 percent annual increase that's a little lower than the uh then the consumer price indices for um waste and waste water but uh 3 percent was the number that we typically use for government contracts and escalating the escalation rate excuse me I went too far uh the escalation um for alternative waste disposal was uh two and a half percent that's the number that's uh contemplated in the contract uh if that contract goes through now these are all assumptions until the contracts are signed uh the 80 the alternative waste disposal tip fee for 2026 and 2027 was calculated based on the number of tons that we able to be processed as you know a company coming in building a facility like this is not going to be able on day one to be able to process all the waste in the region so there's a schedule for uh milestones within the contract that if they don't meet then there's liquidated damages and we've based our numbers on that those milestones that are are in the contract and I have a timeline that I'll share with you in just a second the cost per ton for rounded um to the nearest whole dollar um because you can imagine when you uh billing customers you don't want to be billing them on 26 cents or seven cents you want to do on the whole dollar uh so the ramp schedule for um the project if and this goes uh is based on if the contract were to be signed um January 1st of 2026 immediately the follow 30 days from then the contractor would have to um be able to process 60,000 tons.
17:06Now that's 60 thousand tons the first 60 thousand tons are tons that are already being hauled to that location from the city of Chesapeake because when the wheel of breader can plant caught on fire excuse me the city of Portsmouth when the wheelbread plant caught on fire uh we had to immediately find a place to haul their waste to so we were using that facility as a tip floor uh under a previous owner uh so that 6000 tons would continue to go there effective um february one of next year on 71 of next year uh july the first of 2026 6000 tons additional capacity would come online and that would be Chesapeake 6000 tons of their waste would go to the facility to be processed the next uh milestone was 7128 uh the Victory Boulevard which is the second facility they'll be operating with start up uh and the other the remaining tons from Chesapeake would go um at that point on 7128 and it would also take Hollow White County Southampton County Franklin and Suffolk's waste at that point then on the first uh of January in 2029 um another 1900 tons would come on and Virginia Beach's waste would go there and then in 10129 uh another 100,000 tons of Norfolk waste would go there.
18:33So the the project would start on um January the 1st of 2026 and they would be fully ramped to process the waste on 101 2029.
18:47There's some other benefits I'd like to share with you first of all Commonwealth Sortation which is a subsidiary of AMP robotics out of um Colorado plans to invest uh 200 million dollars in the new processing facilities in the region that's a considerable investment the recycling rate um would be contractually guaranteed at 20 percent if they don't meet that 20 percent guarantee then they have to pay every ton that they don't meet they have to pay us liquidated damages uh for those tons uh the landfill diversion rate would be 50 percent and it's also guaranteed at 50 percent if they don't meet those guarantees they would have to pay us for every ton they don't meet at 50 percent uh all eight member communities under the plan would receive the same services at the same cost so they would that's been a longstanding rule in SIPSA uh since um uh at least for the current use of support agreement that uh all member communities receive the same services and they pay the same price the City of Chesapeake would secure disposal capacity through the year 2095 as I said before the regional landfill um is at the current volume would would expend all this airspace in 2060 uh if you reduce that by 50 percent of what's going in there that takes the length of the landfill through 2095 so what if we do nothing uh if we do nothing the uh current disposal rates will sharply increase uh for the cost of constructing additional landfill space I mean almost immediately uh the available land space will
20:00As I said before, the regional landfill is at the current volume would would expend all of its airspace in 2060.
20:05If you reduce that by 50 percent of what's going in there, that takes the length of the landfill through 2095.
20:15So what if we do nothing?
20:17If we do nothing, the uh current disposal rates will sharply increase for the cost to construct an additional landfill space.
20:26I mean almost immediately.
20:28Uh the available land space will be consumed by 2060, and the cost of haul the ways to private landfills after 2060 would exceed 125 a ton in today's dollars.
20:44So what are the next steps?
20:45Um the first step is uh each member community is being asked to execute an amendment to the use and support agreements uh it would increase the 10-year extension to a 25-year extension with the SIPSA.
20:58The amendment would be effective only if a contract was assigned between SIPSA and Commonwealth sortation and is approved by at least 75 percent of the SIPSA board of directors.
21:12The SIPSA board uh would vote on whether to approve and execute a contract with Commonwealth Sortation uh once all the use of support agreements are in place, and a supermajority consisting of 12 of the 16 members would be required to approve the terms.
21:28Uh there would be a phase ramp up, as I have already talked about uh through um 2028 is when the end of the capacity, but there's some issues with the current contract with uh one of the localities that we would need to extend that out to 2029, but the capacity would be available in 2028.
21:46Now uh one of the things that um that I wanted to bring to your attention is that uh at this point uh we have five member communities that have have uh extended a use of support agreements.
21:57The City of Virginia Beach extended it two weeks ago, and uh Suffolk, Olivewhite, Southampton, and the City of Franklin extended theirs to 25 years last month.
22:13So we currently have uh uh Chesapeake, Portsmouth, and Norfolk uh still um scheduled to to vote on the uh extension.
22:24And with that, I'll be glad to answer any questions you may have uh regarding the presentation, any other questions you may have.
22:32Bennett, do you have anything to add before you have a questions?
22:35Any uh questions, council members or comments?
22:38Council members would like to make use of Noah.
22:41I do have a couple of questions.
22:43Um have there been any success stories with Commonwealth Sortation LLC being used in a similar situation with localities.
22:52For the last two years, they have been operating a mixed waste sorting facility uh at the Portsmouth site, processing about 60,000 tons a year, and they have exceeded the numbers that they have put in their contract, and we have seen those numbers.
23:07So uh the other locations they operate, uh one is um Cleveland.
23:13We visited that site um a year and a half ago.
23:17Uh they are actually buying bales from uh of residue from other recyclers and processing that material.
23:24Uh so yes, we have seen success stories that they have put out.
23:28So those are the only two that we know of that the Commonwealth sortation has been utilized with?
23:33The only two that we visited, yes.
23:36Are you aware of any others?
23:37Yes, they have a site outside of Athens, Georgia, and one uh outside um.
23:46Just uh I believe it's Greenville, North Carolina.
23:49And then you would mention something about liquidated damage damages if they cannot keep up with the 50 percent um diversion rate.
23:58But those liquidated damage damages will go to SIPSA, those won't you be used to offset any kind of cost to localities, is that correct?
24:06Well, we don't anticipate having liquidated damage, but if they did, we certainly our board would certainly consider that because you wouldn't be receiving what you were asked to what you were expecting to receive from SIPSA.
24:18So I can't speak from behalf of my board, but I am certain that um the Board of Directors that are here tonight would would follow suit with me that that money would come back to the member localities.
24:28Is that included in your contracts with any of these five localities that have signed on that if liquidated damages are awarded to SIPSA that they will be utilized to offset the cost of localities?
24:38The the amendments to the use and support agreement is strictly an extension uh to 25 years.
24:44It's it's an amendment to the existing use of support agreement.
24:47The terms of the existing use and support agreement will still be intact.
24:52And then last area, I just have some questions about the ramp up schedule that you showed us on page 10.
25:00It looks like from 2026 to 2028, there's not going to be any additional capacity in tons for Chesapeake.
25:06It's the 60,000 tons that will have the capacity to be collected.
25:11So does that mean the remaining tons will not be going through this single stream?
25:16They'll just be disposed of through SIPSA in the ordinary manner?
25:20Yes, ma'am, that's correct.
25:21It would not be going the additional capacity would not come in until uh 2028.
25:27But with the 60,000 tons of capacity that would be doing through at 20 percent, you would be recycling recycling about 12,000 tons.
25:36Uh with the 120,000 tons you currently produce at the 7 percent of typical re curbside recycling, that would only be 8,400.
25:45So you would still exceed what you would do with curbside recycling.
25:48So the numbers would be higher than curbside recycling, even though you are only taking 60,000 tons there.
25:55I'm just, I guess, trying to understand, I guess then, why the tip fee would increase so significantly from 2026 to 2028 when the City of Chesapeake is not getting anything additional.
26:09We're getting the same 60,000 tons that would go through nothing addition, no additional capacity, and everything else would remain in the same um disposal.
26:19So from it looks like the tipping fees for fiscal year 2027 are set to increase four additional dollars per ton.
26:262028 it's uh looks like nine additional dollars per ton, and the city of Chesapeake is not getting any additional benefit.
26:33Well, I I'll say this that SIPS is um one of SIPS's rules is that every member pays the same and they get the same services.
26:41So if we're the numbers that you we showed on the chart do reflect a certain communities waste going to the facility on a certain date.
26:52But the reality of it is when when waste comes to our transfer station, that transfers to SIPS waste, and that's kind of the philosophy that the the board has been uh following since since we started this process, because you can't charge uh Portsmouth one fee and all the others another fee because that that's uh different from what SIPSA's philosophy is, and this has been the way it's been planned all along, uh that those numbers would slowly rise based on the number of tons we were taking, and everybody would pay their portion of it.
27:22So Portsmouth isn't going to get any benefit for being the host locality?
27:26Anyway, I'm sorry, I'm not sure I understand your question.
27:28Is Portsmouth going to get any, I guess it's because the the facility is going to be at Portsmouth to start with on Frederick, is that correct?
27:37So they're not getting any discounted rate on their tippings because they are hosting it?
27:42Mayor, actually, Councilmember News uh excellent question.
27:45We had the same question when we saw that, right, right.
27:47So in terms of the ramp up phasing, um, I will say from the city's commitment, we had, you know, and this goes back a few years and now when we when we ended curbside recycling, is you know, we have been asked to consider alternatives to bring back curbside recycling.
28:02We've tried, you know, a variety of different things.
28:04We've tried um, you know, we have our drop-off convenient loc convenience locations.
28:09But um Dennis mentioned this very briefly.
28:12If we do nothing, um the tipping fees expand even further than than what this project is calling for.
28:20So do doing nothing is not really an option because we'd have to be looking at permitting either a new landfill and a new site or trying to get um additional landfill capacity at tremendously greater cost.
28:31Chesapeake is kind of fortunate in that we will be first in with those 60,000 tons, and so we will in effect be bringing back curbside recycling, recycling about twice as much material as we were in our last year of our contract, and the increase in that first year, I believe, and correct me if I'm wrong, it's about $540,000 for the City of Chesapeake for that first year versus what we would have anticipated at about six to seven million dollars for curbside recycling.
29:01So we will be recycling almost twice as many um tons as we otherwise would have at uh uh 10 percent or less of the cost.
29:09So we think we're honoring the things that that council had had asked us to try to look at.
29:16I appreciate that explanation.
29:17I guess my concern is when I'm looking at what the citizens of Chesapeake are going to be paying for with their tax dollars.
29:24Is there a cost benefit there?
29:26So that's why I'm I was just a little bit confused why over two years we're not getting anything additional, but the cost is going up so significantly per ton for the citizens of Chesapeake.
29:36So that's that's my greatest concern, and I do appreciate the explanation about the recycling or diversion as the term has been used being a certain amount.
29:45I just think it's important that we look at trying to preserve the citizens' interest if Chesapeake, even though this is a regional project, I think our citizens do come first.
30:00Yeah, on that same page titled Other Benefits, it says recycle rates will be contractually guaranteed at 20 percent.
30:06How are we going to determine that 20 percent and uh and who exactly is going to audit that performance?
30:13The the AI component of um of the system produces um tremendous reports.
30:22The reports are part of the uh contract and the schedules, and they have to provide those to us every month.
30:29Um and with our scale tickets and their scale tickets, they would have to match up of what we uh what actually went in and what came out and what form they came out in.
30:40Uh we intend uh we're working now to create a uh uh dashboard on our website so that citizens can actually come and see what what what's been recycled, what's been uh diverted, and how much is going in the landfill?
30:55I think it's important because uh as we've been talking through a lot of different organizations that one of the things we need to be concerned about is building uh confidence that what we say we're doing with this recycling materials we're actually doing.
31:08So that's a component that's that's part of the schedules of the contract that we're working through now.
31:14Uh but but the available the information and the data is available from the contractor uh from daily reports that they would have to send us.
31:24And so just for the sake of clarity, uh, the diversion in the recycling are not the same.
31:31So that's a total of 70 percent of capacity being saved, correct?
31:36The the diversion is 50 percent, and of that 50 percent, 20 percent of that being diverted away from the landfill is actually recycling.
31:4330 percent is organics.
31:45Okay, thank you for your clarity.
31:47Manager, what would uh how would all of this affect our uh the way we are doing things now in terms of our stations and our places?
32:01I I would anticipate whenever we get to full ramp up that at our convenience centers we could perhaps run cardboard only.
32:09There would really be no reason to continue to have people uh drop off their plastics or their uh aluminum when it could just go into the bin and then go to the facility and be sorted.
32:21So uh you know, if we we could use the same sites we are using today, we could just simply do cardboard, uh, we wouldn't have to uh collect quite as frequently, we wouldn't have the overflow issues, and there would be a modest savings in doing that.
32:33So that would be 2028.
32:37That is correct, yes, sir.
32:39And do you see any um I guess I'm asking the question and uh I don't see an answer for it, but uh there's is there anything in the future that would eliminate our need for the transfer station?
32:57So uh let me just clarify.
32:59You're you're talking about for for our drop-off locations or actual transfer station?
33:04The transfer station.
33:04Uh- not the drop-off station.
33:07Uh the transfer station in located in Green Bar?
33:11And it would still be used.
33:12Uh there were we we have some long-term plans to upgrade that facility, but uh it would be continue to be used just like it is now, sir.
33:26Um question I had though, you had mentioned carbon credits.
33:30Can you explain to everyone about carbon credit carbon credits?
33:34What exactly is carbon credits?
33:37Uh a company um Microsoft and I'll I'll use them as as just uh companies that but there's lots of companies doing this.
33:45Um because they are doing business in certain areas, they need their carbon footprint to be uh be carbon neutral.
33:52So they buy credits to cover the the to make themselves carbon neutral, uh, and it just uh improves their ability to do business in certain areas.
34:01Uh but they're really trying to reduce their carbon footprint by buying these credits that somebody else is sequestering.
34:09Any other questions?
34:13Thank you for the presentation.
34:15Um I know some of this I personally am going to have to digest to come back with some other questions.
34:23But I do have a number of questions for you.
34:27The current facility in Portsmouth, that's um Frederick Boulevard.
34:33Is that the old wheel operator?
34:37Uh is that going out of commission?
34:40That's a R it was used to be RDS, I think it's a recycled disposal solutions.
34:46They purchased that facility from recycled disposal solutions, and they are opened it up as a mixed waste sorting facility.
34:56Commonwealth Sortation uh subsidiary of AMP robotics.
35:00So that takes me to another question.
35:04Thank you for opening that door.
35:08This is Commonwealth Sortation is a spin-off LLC created for Virginia.
35:20So there's limited liability to the parent company?
35:24No, ma'am, there's a parent guarantee in the contract.
35:27The contract terms are very tight.
35:32And um your your legal uh representative has had a chance to look through that uh already, and I think that they may be able to speak to you and attorney client uh discussion uh tell you uh the the how tight that contract is, and there's a parent guarantee that ties them back to the contract.
35:56Um and I certainly will.
35:59So I also have some concerns raised by Mr.
36:03Bunn on the biochar.
36:08How is that disposed of?
36:12It will eventually be sold and and to concrete um manufacturers and it's mixed in the concrete.
36:19Part of the reason why it has to be sequestered for uh in perpetuity because of the carbon credits that are sold along with it for the first three years so that we could ensure that there was a offtake agreement, because off takes in every kind of uh any kind of a project like this offtake is very important, that you have long-term offtake agreements in order to get those carbon credits, they had to sequester that material for three years.
36:49Uh and one of the things that their off taker, which was a is a major company, uh was requesting that it be landfilled.
36:57So the first three years of the contract, it will be landfilled as a daily cover.
37:03It will be about 30 percent of the total once it's turned into biochar.
37:07But uh once that three years is up, they will be selling it to contract concrete manufacturer to put to put into concrete uh to build roads and uh other material.
37:19And is that a contractual obligation?
37:23There's a contractual obligation in that they have to sell that, yes, after three years.
37:28We will only hold it for three years.
37:29They didn't want us to hold it at all.
37:32But we demanded three years because we needed to make sure we had that offtake.
37:36They wanted a short-term agreement and then be able to sell it because they can make more money if they sell it to uh someone who is going to use it for a manufacturing purpose.
37:45So if you don't mind, what was the purpose of the three-year hold?
37:50So we could guarantee the carbon credits would be available.
37:56Those are guaranteed to Commonwealth.
37:59Only if the only if only if the the carbon, the biochar is sequestered, and there's two ways to sequester it.
38:07Put it into a manufacturing process or put it in a landfill.
38:11So you believe that it can be safely sequestered in a landfill?
38:16Yes, ma'am, absolutely.
38:17Um why why do you believe that if it's organic waste?
38:22Because it's been all the it goes through a pyrolysis process, and the pyrolysis process turns it back into nothing but carbon.
38:33And additional to that, and in addition to that, uh, in order to sell those carbon credits, there is a very extensive test as part of the contract, part of the schedules of the contract, that they have to send that to the lab and have tests done.
38:46We receive the copies of those tests, and we have to make sure that they there's nothing in that material that can't go into landfill anyway, because we operate a municipal side of waste landfill, not a hazardous material landfill.
38:58But none of the material that's been tested uh has come up uh uh hot at all for for any uh heavy metals or uh other material that was not allowed in our landfill.
39:11Okay, so I'm gonna move on.
39:13Thank you for the answer, but you know, we're certainly going to do some research into that.
39:19I want to go to the estimated five-year tipping fee comparison.
39:28Do we have could you provide us or somebody, because I'm not going to sit here with my phone and do this or sit here with my pencil and do it?
39:39What the actual increase in cost in our contractual obligation will be?
39:46What's the budget impact?
39:50I I can speak to to how it impacts the City of Chesapeake's budget.
40:00So as the manager mentioned, in in the first year in 2027, that would equate to an additional $140,000 a year on the waste management expenses.
40:38But we're also paying now.
40:40So we would have to amend that subtraction equation.
40:47Because we are paying for the pickup and that is correct.
40:51So we're paying less than $2 million now.
40:56Okay, because that as it goes up and up, it's concerning, you know, as to what the budget implication since we are the only city, you know, the of the five, and maybe of the region that doesn't have some kind of fee for trash pickup.
41:20And I, you know, I think we need to know whether or not this is gonna put a lot of pressure on a future council to impose that.
41:33The other cities can just raise the fee they have.
41:39So it is uh, you know, it could be a significant budget implication when you start getting out into the 30s.
41:50So I think it would be helpful to know that.
41:55So just a couple more questions.
41:58The victory facility, is that built?
42:04The building is there, it's not built out.
42:06They're certainly not going to build it out until they get a contract.
42:08But as soon as the contract, if a contract is signed, there will be construction starting over there immediately.
42:16Um so it's going in a b existing building.
42:20Does it does the activity need a conditional use permit?
42:27It was already, it was a uh it was a transfer station previous to that.
42:31It's still a transfer station.
42:33Um there's a PBR uh on the the uh permit by rule already been issued by DEQ for the facility, and it required local government sign off in order to get that PBR.
42:46Okay, and uh to another question's point on the transfer station.
42:52Um are the members on the hook for upgrading the current transfer station?
43:02Uh when Wheeler Brader when we uh Wheeler Brader canceled their contract with SIPSA, uh there was a uh liquidated damages they had to pay SIPSA in order to do that.
43:13Um we are using those funds to upgrade the facility.
43:19But given the proximity of our city to the facilities in Portsmouth, has anybody evaluated whether or not it's a good cost benefit to use the transfer station or not just directly haul?
43:41Well, yes, ma'am, we did it as part of our uh selection committee, did an extensive evaluation on all of the those locations uh that were presented, and this was the best location.
43:55Okay, I don't think that answers my question.
43:58Uh whether there is a financial benefit to Chesapeake directly taking its material or using the transfer station.
44:10And if I I'm not gonna belabor that, but if you could send us an answer to that.
44:16Well, I I think I can quickly answer that.
44:18Transfer stations are are placed strategically so that member localities don't have to haul their waste in their curbside collection truck for any long distance at all.
44:30So the transfer states that are in each individual city are put there for a reason, for that very reason, so that it makes their operations more efficient.
44:38Now, just peak uh when they are working in South Norfolk, let's say, I can I can't speak for for Earl, but I'm sure he can tell you that they're they're probably hauling, they would probably haul directly over the Jordan Bridge because that's closer to that facility than it is to come back to to the green bar facility.
45:00So, you know, we we would with the greenbrier being central to everything else, we would haul uh to to that transfer station.
45:04But when we were working in South Norfolk, when Wheel of Braider was in operation, we would haul directly to a wheel of breader.
45:09And I think that holds true also with uh working in Western Branch, it's easier to go to the Suffolk transfer station than it is to haul all the way back to um to Greenbrier because the city, the the square miles of the city are so large.
45:23Well, I'm not disputing any of that.
45:25I'm uh my question is, is it really valid to have the Greenbrier transfer station anymore?
45:33I think that was where somebody was getting to pay for an upgrade and continue to use it on very valuable land to the city.
45:43Um I'm sure we'll have some other questions.
45:47The other thing I would like to see is uh the costs further out in five years.
45:58I've I've I've done it um out 20 years, and um what happens when you get out 20 years, it is hard to project some of the uh comparative costs.
46:06You can project the cost for um this contract because it it's a two and a half percent annual escalation.
46:13But some of the other uh costs are tougher to um to kind of nail down as so what will landfill space actually cost us.
46:21We have asked a third party for that number.
46:22We have got that number.
46:24Uh and I have run those numbers out and showing them to our board.
46:26I'd be glad to share them with Earl and he can do with them.
46:29That would be terrific.
46:30Thank you, because the new use and support agreement is asking for a 28-year commitment on behalf of the people of Chesapeake.
46:41And I think while nobody can be sure what the future holds, um, I think people really should know where what to expect and how we can expect our budget to be impacted.
47:00Whittaker and then Mr.
47:02Thank you so much for the presentation.
47:04But I'm not sure that we got an answer regarding the Greenbrier transfer station.
47:08Is that an essential station?
47:15So uh we are undertaking a study of that entire area uh for a project that is currently funded that would rebuild our public works facilities back in place.
47:27Uh they are in in really, really bad shape.
47:30The same thing with our uh public utilities uh facilities there.
47:34Yeah, part of that project is also looking at uh enhancements to the existing uh you know transfer station in Greenbrier.
47:44Just a couple more questions, too.
47:46But I'm sorry if I could.
47:47I think the question that's being asked, though, is um if we can take waste to Portsmouth from South directly from South Norfolk, if we can take waste directly to Suffolk from Western Branch and maybe Deep Creek is given this new, is there anything about the new system that would make the Greenbrier uh transfer station no longer necessary, that we can move away from that transfer station in Greenbrier and do something else with that land?
48:14I I don't believe that's the case.
48:17We will at least take a look at that to make sure that there is nothing changing since this is a 28-year uh proposal that there is nothing changing here that we can't look at maybe uh either um you know just uh continuing that transfer station or relocating it to another facility.
48:33Because that's um viable property there that we could probably use for other purposes.
48:37Um and the other question is who will actually benefit from the funds that are received from selling the biochar?
48:44I am sorry, I did not hear your question.
48:47Who will be the recipients of the funds from the biochar selling?
48:51That's part of their the that would be Commonwealth rotation, it's part of how they're gonna actually pay back the debt.
48:58Um the offtake agreements are all that they receive all the money from the off-take agreements.
49:03But that enabled us to bring the tip fee down so it was actually uh doable project.
49:09That's how these projects work.
49:10Uh the off takes go to the uh typically will go to the vendor.
49:14And um if if we we were to accept any of that, it would drive the cost that we would have to pay them for a tip fee up anyway.
49:22So it was a uh kind of a wash in it.
49:24So that's why it works that way.
49:26And last question, um, isn't the Virginia requirement for recycling 25 percent?
49:33Uh yes, ma'am, there is, but but that's uh that that's a little bit misleading because the 25 percent is all of the waste in the region, both commercial and residential, and uh asphalt, other other items that are being uh being recycled are also included in that 25 percent.
49:51There's no mandate that says you have to recycle 25 percent of your municipal sala waste.
50:00The mandate is that you have to have the solid waste planning unit, which is all eight of our member communities has to recycle 25 percent of the waste.
50:06And this year it was just over 25 percent, but that's based on commercial and residential.
50:12And a lot of the numbers come from, let's say a Walmart who uh compacts all of their cardboard, that's considered recycled and gets credit for the region.
50:23Okay, but you want us to sign a 28-year contract with a 20 percent guarantee.
50:30You want us to sign a 28-year contract with a 20 percent recycling guarantee?
50:36Well, the use of support agreement just means that uh yes, uh uh I would say the answer to that was yes.
50:47Uh my question is for the uh manager.
50:50Our current drop-off locations, what percentage or how effective are they currently right now?
50:58What percentage rate is actually coming out of the trash?
51:04Winnaker, I'm doing this from memory.
51:06I think it's about three and a half percent.
51:08So it um I think the last uh full year we recycled at the drop-off sites uh about 4200 tons.
51:25During the ramp up five-year period to Councilmember Newman's point, we're continuing to pay increased rates during that time frame.
51:36But there's no additional benefits being made to our citizens.
51:40During that same time frame, is there an increase in the production of the uh is it not flash, the bio?
51:50Is that increasing during that time frame?
51:53Um the biochar, because it is an air permit required, it's tied to that air permit when they can actually start.
52:01So uh it could be yes, but it's all dependent on when they get their air permit.
52:06And we just went through an air permit issue and it took us about uh ten months to get through it.
52:11So it could be based on how long it takes them to get through that process.
52:15But after the three-year mark, you are going to begin selling that product.
52:20So after the three-year mark, our in our expenses are going to continue to increase even though you have a new revenue stream.
52:27Well, uh SIPSA does not have new revenue stream.
52:30They have new revenue stream.
52:33But the cost to process the biochar is also going to go up on their end.
52:38So you the the answer to your question is yes, but they are also going to have additional costs once they start that.
52:43So the processing in the first three years is different.
52:46Well, they're not they don't have any capital costs.
52:48They don't have any operational costs during that period when they are ramping up because the equipment is not operating.
52:53Once equipment starts operating, then they'll be receiving revenue.
53:02Appreciate your questions.
53:03Let's just, as we digest this thing, I need to understand all of our questions and a little bit of uh skepticism, but also we need to understand or put these uh facts in uh and compare them to what it would be like if we didn't do anything.
53:20Because I think that's when the picture becomes clear uh if we did things the way we've always done them, the cost and the waste, I I mean waste of uh recycling uh will continue to be uh uh inappropriate or inadequate.
53:36So thank you all, and thank you for your presentation.
53:38We certainly appreciate you being here and look forward to talking more.
53:42Council will begin our regular meeting at uh 6.30.
1:33:29Council's now in session.
1:33:31I'd like to recognize Vice Mayor Ritter at this time for the indication.
1:33:42We pray for guidance in the matters at hand.
1:33:46And as that you would clearly show us how to conduct our work with the spirit of joy and enthusiasm.
1:33:53Help us to work together and to encourage each other to excellence.
1:34:20Leaving the group is one of their dedicated troop leaders tonight with us, Julie Banky.
1:34:26And I'd also like to acknowledge Gavin Babbitt, another Boy Scout who's in the audience working on a one of his badges.
1:35:14Madam Clerk, would you please call the roll?
1:35:16Councilmember Bunn.
1:35:18Councilmember Jeffries.
1:35:20Councilmember King here.
1:35:22Councilmember Newens here.
1:35:23Councilmember Smith.
1:35:25Councilmember Ward.
1:35:27Councilmember Whitaker.
1:35:29Vice Mayor Ritter?
1:35:33Next is the approval of the proposed agenda.
1:35:36Are there any changes to the agenda?
1:35:40We have a motion, please.
1:35:46Please prepare to vote.
1:35:48Please vote and record.
1:35:51Motion to approve the agenda as presented is adopted by a 9-0 vote.
1:35:55At this time, I would like to turn the Gavel over to Vice Mayor.
1:36:03This City Council meeting constitutes a limited public forum.
1:36:08Therefore, public comments must be relevant to items on the Council's agenda tonight.
1:36:14When speaking on an agenda item, please make sure your comments directly relate to the merits of the application, which means you focus on the details and facts of the proposed agenda item.
1:36:29Focusing comments on the merits of the application will ensure that this public hearing serves its intended purpose of gathering relevant information for the voting body.
1:36:42Further, to strike a balance between maintaining order and honoring the public's right to express themselves, and as established by the City Council's rules of order and procedure.
1:36:56Any speaker that delays, interrupts, or otherwise disrupts City Council's ability to conduct its meeting in an orderly manner by disorderly, insolent or disturbing action speech or other conduct will be declared out of order.
1:37:17I'll turn the gavel back to you, Mayor.
1:37:22Ritter, next, uh there any speakers, Madam Clerk.
1:37:28Next is consideration for public hearing items.
1:37:31Madam Clerk, would you please present public hearing item A?
1:37:35PLN REZ 2024-014 saw your property.
1:37:40J and L saw your holdings, LLC, applicant and owner, Williams Mullen Agency for conditional zoning reclassification of approximate 22-acre portion of a 72-acre parcel from R 15S residential and A1 agricultural district to R 10S residential district and R 15S residential district.
1:38:01The property is located at 1917 Elbow Road in the Green Bar Planning Area.
1:38:06The planning commission recommends approval with a profits listed in the official agenda, and we have received a continuance request from the agent.
1:38:17Backmare, what is your planning staff's recommendation?
1:38:21The proposed rezoning is consistent with the 2035 comprehensive plan land use section, which designates the site for low density residential uses and preserving the wetlands on the southern portion of the property is also consistent with the portion of the property's conservation land use designation.
1:38:36Staff recommends approval with proffers dated September 3, 2025.
1:38:40Madam Clerk, are there any speakers?
1:38:42We have one speaker, Grady Palmer, representing the applicant is here to speak on the item.
1:38:50Good evening, Mayor West, uh Vice Mayor Ritter for the first time.
1:38:55Members of City Council and staff, my name is Grady Palmer.
1:38:58My business address 22 Central Park Avenue in the City of Virginia Beach.
1:39:02And I had requested a 30-day continuance.
1:39:12So we did uh at the at the request of your staff, we agreed to perform what is known as a phase one cultural resource study.
1:39:21And that is because the staff identified a database at the state that indicated there may be some historical resources in the area.
1:39:30And so we agreed to do that before any land disturbance, which normally would come much later than tonight.
1:39:39But we went ahead and did the cultural study and the results were coming back to us uh next week, and so just in the spirit of transparency, we wanted to have that.
1:39:50Um but you know, to the extent this needs to be heard tonight.
1:39:53Um I'm gonna go ahead and give you a presentation on what on the request.
1:40:00Um this is a request to rezone basically the last portion along Elbow Road.
1:40:03Uh I know Elbow Road is just I think on Sunday, uh I was driving to Princess Ann and the they shut the uh the elbow road down.
1:40:12Um and so I had to do a U-turn and go back anyway.
1:40:15So we would there's a lot of improvements that are happening uh to Elbow Road.
1:40:19Uh if this project were approved tonight, uh it would any any land disturbance, any construction would happen well after that 10 month period that it will take for them to reopen Elbow Road.
1:40:31So in in the meantime, we would be getting plans approved and doing all the the engineering and that sort of thing.
1:40:37So there'd be no activity at the site until well after that 10 month period uh for elbow road to reopen.
1:40:44Um so that's that's number one, and I think that's an important thing for for for people to understand.
1:40:48And then secondly, this is a pretty small request.
1:40:50This is basically the extension of through a couple of different stub streets.
1:40:55You can see there on the left side of the of the property, that's the haven at Centerville that's not colored.
1:41:01It's uh uh but the stub streets would would extend into the property.
1:41:04I know connectivity is big for for the for the for the city council, so this is you know, connecting neighborhoods, uh opening up street connections and and and all the connectivity that that comes with that.
1:41:15There'll be pedestrian sidewalks uh throughout along Elbow Road.
1:41:19Uh we'll we'll construct um uh sidewalks, you know, in the eventual uh you know uh build out of elbow road, we'll have sidewalks.
1:41:27So much like Mount Pleasant, uh you know, has now has walking uh sidewalks along the side of it.
1:41:33Uh we see Elbow Road becoming much like that, and and something that will be a modern uh convenient place for people to walk.
1:41:39So this will this is essentially the extension of the Haven.
1:41:42Uh Centerville uh neighborhood uh meets your staff's high uh expectations for design, uh the architectural renderings there on the screen.
1:41:50We worked uh considerably with staff.
1:41:52We've been in a transitional period trying to try to catch up with with staff's expectations, but uh we we finally we've got there uh and so the expectation we know is high, and so we we believe we've met that expectation.
1:42:04I think the staff uh recommendation uh reflects that with that I'll I will stand by for any questions uh that you have.
1:42:17Um we are dedicating right away.
1:42:20Uh one of the things that's um that we're doing, if you can flip back to the to the site plan.
1:42:24Um the at the top of the of the site plan there you see a a box that's white.
1:42:31And so that's this is all Mr.
1:42:32Sawyer's property.
1:42:33Sawyer has lived out there for for many decades on Elbow Road.
1:42:37Uh and so he was gonna is going to retain that portion for his for his home to live in.
1:42:42Um of the things that we'll do is if if there's ever any redevelopment, um, his his driveway actually goes on to Elbow Road.
1:42:49So if he decides to um tear his house down and put in a a couple of lots, that entrance on Elbow Road will go away.
1:42:58Uh and then they then those lots will then or would then access off the internal streets.
1:43:04So that's in an effort to kind of minimize uh you know entrances onto Elbow Road, which will and does carry a lot of traffic.
1:43:10So you know, one of those things we're kind of trying to think about, you know, the the future and and trying to get driveways off of Elbow Road, but that's one of the things that that will happen in the future if Mr.
1:43:19Sawyer ever decides uh to do something else with his property, so or anybody else decide.
1:43:24So with that, I'll stand by for any questions.
1:43:26Uh would ask for your approval.
1:43:29Palmer, would you just wait by there?
1:43:31I think you're the only speaker, is that correct?
1:43:34So before you you go, let me just ask Mr.
1:43:38Uh I know I presented not a really good option uh to Mr.
1:43:43Palmer in terms of the continuance.
1:43:45Do you see if this cultural resource survey comes back with issues?
1:43:52What would be his options?
1:43:55Palmer has uh quite a bit of time to work through those options.
1:43:59But the way the proffer reads right now is that if any artifacts are encountered during construction, thou shall immediately cease work and contact uh VDHR, which is the Virginia Department of Historic Resources, uh, to report findings and determine if further investigation by VDHR is warranted.
1:44:18So that is a proffer that is uh proposed as part of this development.
1:44:22So it would it wouldn't be much down the line.
1:44:24I mean it would be when we're out there.
1:44:25So you're comfortable.
1:44:26Yeah, we're yeah, I'm comfortable.
1:44:28I just wanted to make sure I apologize for springing that on you at the last minute.
1:44:32Uh a motion is in order, Mr.
1:44:35Yes, I have a question.
1:44:36I would have to motion first, sir.
1:44:38All right, I'm sorry.
1:44:42Oh, I'm sorry, Mr.
1:44:42Smith said you were you prepared to make a motion.
1:44:45I can make a motion.
1:44:46Motion to approve.
1:44:47We have a motion to approve.
1:44:50I make a motion to have continuance.
1:44:54Yeah, that's what it's for.
1:44:56I second that motion for continuance.
1:44:58Um what was the motion?
1:45:00We have a motion to approve and was seconded by Mr.
1:45:04No, I don't think that that was his motion.
1:45:07Yeah, that's what I went with the motion though, but when discussion comes up, I ask the question.
1:45:11He made the motion to approve.
1:45:13Approved or he motioned to approve.
1:45:18Whitaker, you second the motion.
1:45:20I second the motion to continue to there's not a motion to motion for continuance.
1:45:27We don't have a motion for continuance.
1:45:31I think let's have Mr.
1:45:33Smith clarify his motion, please.
1:45:36I thought his request was for a continuance.
1:45:41We have a motion for continuance.
1:45:50So my discussion was in after reading the material.
1:45:53Could you just explain a little bit about the turning lane after you make so many purchase of homes?
1:45:58Do you recall that?
1:46:03I didn't quite didn't quite hear the question.
1:46:06So in reading the content, it says something about out the X number of homes approaches, they even make a turning lane into the community.
1:46:14Could you explain that?
1:46:16So the city project, there's a city project out there that what what working with your staff, what we what we understand is going to happen is they are going to the city project is going to come through and put in the turn lanes with a widening of Elbow Road.
1:46:29But if for some reason it gets delayed, then we would put it in at our 25th home.
1:46:36So we we i it'll get put in by the city, but we just wanted to backstop just in case something happened.
1:46:43Whitaker, did you have a question or comments?
1:46:50So let me uh speak against the continuance.
1:46:54Um we have a very crowded uh agenda uh agenda for the next couple of uh months, and then we get into the holidays and passing uh projects like this during the holidays can be looked upon our public as suspicious.
1:47:11So I am uh not supportive of a continuance, so I'd hope that you all would vote uh up against the continuance.
1:47:18Any other discussion?
1:47:21May I just ask a question?
1:47:24Lunley was the agenda published with the continuance request.
1:47:30It was changed when we got the request.
1:47:33We added it to it, yes, but it was not published with the continuous request because we didn't have it when it was published.
1:47:40It came in last Friday.
1:47:42But then when we did receive the request, we updated the agenda that was publicly available on the website that included the continuance the agenda that's on the city's website was updated.
1:47:56Any other discussion?
1:47:58We have a motion for continuance.
1:48:00Please prepare one more thing, if I might need a date for the continuance to be heard.
1:48:09The request for was for November the 18th.
1:48:12Okay, but that was not included in the motion.
1:48:15You to accept that in the motion?
1:48:21We have a motion to approve a continuance till November 18th.
1:48:27Please prepare to vote.
1:48:28Please vote and record.
1:48:35Motion to approve the continuance for PLN REZ 2024-014 to November the 18th, 2025, passes by 8 to 1 vote.
1:48:45Madam Clerk, please present item B.
1:48:48PLN Use 2025-016, right, start early childhood center.
1:48:54Right, start early childhood center, Inc., applicant and owner for conditional use permit to expand a child daycare center.
1:49:01The property is located at 1028 Shelley Street in the River Crest Planning Area.
1:49:06The planning commission recommends approval with the stipulations listed in the official agenda.
1:49:14The proposed daycare expansion is consistent with the land use plan map designation for medium density residential uses as child daycare establishments are essential services that are appropriate within residential communities when properly mitigated.
1:49:27Staff recommends approval with stipulations date.
1:49:30August 19th, 2025.
1:49:33Are there any speakers, Madam Clerk?
1:49:36Motion is an order with stipulations.
1:49:43Ward, we have a second.
1:49:52Seeing none, please prepare to vote.
1:49:54Please vote and record.
1:50:00Motion to approve PLN use 2025-016 with stipulations as presented is adopted by a 9-0 vote.
1:50:06PLN use 2025-028 real street tattoos.
1:50:11Triple 9 tattoos, LLC applicant, DOR LLC owner for conditional use permit to operate a tattoo polar.
1:50:19The pollers, the property is located at 732 Eden Wayne North, Unit J in the Green Bar Planning Area.
1:50:26The Planning Commission recommends approval with the stipulations listed in the official agenda.
1:50:31McNamara, the proposed use is compatible with the surrounding community and is consistent with the neighborhood center character district of the Green Bar Area Plan's future land use framework for the project site.
1:50:41Staff recommends approval with stipulations date, August 19th, 2025.
1:50:47Madam Clerk, do we have any speakers?
1:50:50We do have the applicant for questions only.
1:50:57Thank you very much.
1:50:58A motion is in order with stipulations.
1:51:00Move to approve of supplements.
1:51:06Seeing none, please prepare to vote.
1:51:09Please vote and record Madam Clerk.
1:51:12Motion to approve PL in use 2025-028 with stipulations as presented is adopted by a 90 vote.
1:51:21PLN text 2025-006.
1:51:25An ordinance amending the subdivision ordinance, Chapter 70 of the Chesapeake City Code, Article 1, Section 70-1, Article 2, Section 70-21, 22, 23, 24, 25, 27, and 28.
1:51:39And the zoning ordinance, appendix A of the Chesapeake City Code, Article 15, Section 102, Article 18, Sections 202, 203, 204, and 303 to modify the subdivision approval authority timelines for action on submitted plates and plans and the measurement standard in order to reflect statutory changes enacted by the 2025 session of the General Assembly.
1:52:03The Planning Commission recommends approval of the ordinance version dated June 30th, 2025.
1:52:08McMayer, would you speak to this item, please?
1:52:10The proposed text amendment is required to reflect statutory training changes made in the Code of Virginia by the 2025 session of the General Assembly.
1:52:17And this text amendment follows good zoning practices by ensuring the Chesapeake Zoning Ordinance and Subdivision Ordinance complies with state law.
1:52:24Staff recommends approval version dated June 30th, 2025.
1:52:29Are there any speakers, Madam Clerk?
1:52:33Motion version dated uh June 30th is in order.
1:52:41Motion to approve.
1:52:50Mattner, Matt Nomero, could you elaborate on the reason for the change?
1:52:55Most of the change deals with some of the time frames that are already established within our zoning ordinance and subdivision or uh ordinance as far as uh review timelines.
1:53:05Uh those reflect the new changes down to the 45 days, which we're already compliant with, so this will not affect our review processes are the as they already are.
1:53:14And this also uh requires uh that these plans now be approved by a designated agent uh as opposed to the public hearing process and the planning commission process that that used to take place.
1:53:26Uh so these are all uh changes that are required by state law, and we're complying with those changes.
1:53:35Any other discussion?
1:53:37Seeing none, please prepare to vote.
1:53:39Please vote and record motion to approve PLN text 2025-006 version dated June 30th, 2025.
1:53:49It's adopted by a 9-0 vote.
1:53:52Uh next is unfinished business.
1:53:55Any council members have any unfinished business they'd like to bring up at this time?
1:54:00Seeing none, we'll go to uh new business.
1:54:03We did receive or I did receive a request uh from a request has been received for a street dedication for Reverend Jake Manley Sr.
1:54:17Fillmore Street 57 5.7 miles to Great Bridge in Campistella.
1:54:23I would like to ask that this request be placed on the agenda for November 12th City Council meeting.
1:54:31Um when this request came in, uh we just thought we would put it on.
1:54:35I know that there is not a uh policy in terms of dedicating uh streets, and this is not renaming a street, just make it clear.
1:54:44It's dedicating a street, a couple of the cities, Norfolk and Virginia Beach have been doing this.
1:54:49Lindley to prepare a policy for us to look at uh for this November 12th meeting.
1:54:56Is that correct, Ms.
1:55:00I was going to have if Council is there will to have an ordinance to do this honorary street designation, Reverend Manley on November twelfth, and then we'll work with public works to also craft a policy that council can use as a guidepost moving forward on this issue.
1:55:14We would do them both at the same time.
1:55:15Is that what you are saying?
1:55:16Or we can make every effort to.
1:55:18I haven't spoken with Earl Surway, and I think he's going to be a point person for me on crafting this policy because it would be his department's policy.
1:55:25So if it's fair, may I get back to you on that question if you're not going to be able to do that.
1:55:30Should we pass this?
1:55:32We need to understand there would if there isn't, there will be a recommended policy.
1:55:43Next, I'd like to request the staff to prepare an initiating resolution amending the zoning ordinance to modify that many of the zoning violations occurred, change from a criminal infraction to a civil penalty.
1:55:58This would better assist citizens and staff with better enforcement and proper punishment for the many infractions that occur.
1:56:07Without objection, I request that this initiating resolution be prepared for council's consideration.
1:56:17What was the request?
1:56:21The consequences for some of the ordinance from uh uh let's see from a criminal uh infraction to a civil penalty.
1:56:30Code compliance, but mostly.
1:56:32And this has been requested uh by the staff because we get a lot of complaints from uh citizens who are threatened with criminal uh consequences for minor infractions, and so we're trying to eliminate that.
1:56:45Obviously, it's it's very uh upsetting to get a letter in the mail saying that you may be charged for criminal infraction for something so minor.
1:56:54But just to be clear, it's only for code compliance.
1:56:56It's not all ordinances that we're gonna look at changing criminal to civil okay.
1:57:04Well, that will be done.
1:57:05Any other new business council members would like to bring up at this time?
1:57:12A lot of no's and we do not have a closed meeting.
1:57:15So at this time, I would like to um ask Vice Mayor Ritter to lead us in our benediction, and then we will adjourn.
1:57:29May our actions be proven fruitful in their accomplishments and lasting in the good they affect.
1:57:37Be with us, so God, in our deliberations, and thank you for inspiring us with your wisdom, direct us in our thinking and guide our decisions.
1:57:49Council is now adjourned.
1:57:51I didn't hear you say food compliance.
1:57:53All I heard you say was that you were not a good thing.