Welcome everyone to our city council work session, July 14, 2026.

Mr.

Manager, we have some interesting interesting topic.

Thank you, Mr.

Mayor.

So this definitely is an interesting topic.

A lot of conversation that's happening out there, not just in Chesapeake, but all around the Commonwealth and really all around the country about data centers.

I'm going to turn it over to Director McNamara in a moment, but I will say obviously we've had a long journey with this.

As you'll recall from the application, the data center application we had some time ago, Chesapeake is really exposed in our existing ordinances.

We have a lot of zoning classifications that allow for buy right data centers.

And council asked us to find an appropriate space for data centers in the community, but to make sure that it they're in areas that that won't um won't harm, particularly residential communities, won't really harm any communities, and that we have an opportunity for the public to um provide input when we do have data center applications.

So Director McNamara is going to go over um the work that staff has done, um, some recommendations that the planning commission has, and then we'll walk you through uh next step.

So, Jimmy.

Good evening, everyone, and thank you, Mr.

Manager, for your time this evening.

Uh data centers are certainly a topic that uh we've heard a lot about and we've engaged with a number of uh of residents, and uh as of last week, uh this this item appeared before planning commission for a recommendation.

So as uh the the manager mentioned that we are currently exposed.

When we talk about uh buy right uses, and those are uses that can go into place without city council approval.

So unlike rezonings and conditional use permits, these do not require city council approval.

And as it's currently designated right now, uh data centers are permitted use in the business uh districts, in industrial districts, office and institutional districts, and then our South Norfolk and Great Bridge overlay districts.

So we are currently very exposed, and when we say very exposed, uh we talk about buy right sites within 500 feet of residential property, zone property.

We have over 27,000 parcels.

And what this means is uh a data center could submit a site plan uh and within you know essentially a 45-day period, we would review that site plan for compliance with codes and ordinances, uh, and then it would go into place.

And this is in place with no mitigation measures, no analysis as far as uh the impacts to the to the adjacent root neighborhood or any residential structures nearby.

So we are currently uh very exposed.

With the proposed ordinance that is uh recommended by staff.

We go from by right development potential on the left, uh, where you see all the green uh the our buy right uh parcels at this time to the right, which is basically the Coastal Virginia Commerce Park as is as those are a permitted uh data centers are permitted use uh as per the development criteria that was adopted with that rezoning.

So we go from the exposure of over 27,000 uh residentially zoned parcels within 500 feet of a data center down to zero.

With the proposal, uh what's recommended is and this is the staff recommendation is making this a conditional use in our industrial districts, and that's the M1 and M2 uh districts.

And this means that data centers require a public hearing before planning commission and city council for every single one of them, with the exception of the coastal Virginia Commerce Park, which is the only place that those would be a by right use.

But everywhere else we would have the ability to require a conditional use permit, uh and that would allow us to look at these on a case-by-case basis and determine appropriateness uh as far as compatibility and uh the the use itself.

Now, what's before you there are two components.

The first component is the city zoning ordinance text amendment, and this is used to establish requirements.

So we're talking things like minimum setbacks, height, uh the application submission materials such as uh sound studies, uh visual impact, those types of things.

And these are required, requir these are these requirements are not flexible.

These have to become to have to be uh uh adhered to.

The other component is the comprehensive plan policy, and this provides policies and standards related to location and siting, uh, landscaping.

Uh it's flexible and allows for advancements and broader interpretation, and and these this is very similar to our solar energy policy, and this helps guide staff's recommendations when we talk about things like you know being appropriately sited.

Uh, that's one of the policies in here that talks about appropriate sighting.

But what does that look like?

You know, you you have the policy that establishes that, and that's and the conditional use permit allows us to look at this on a case-by-case basis.

So many of the topics that are discussed within both the ordinance and uh within uh the ordinance also have the companion policy that goes along with them.

And one of the first topics that comes up is the topic of noise, and this is you know something that we've heard time and time again uh as part of our research uh with with with both uh other ordinances as well with uh with talking with other localities.

Uh and this establishes standards for the DBA, uh, which is the higher frequency audible uh sound that we that we typically regulate within our city code, and it establishes a new DBC range, which is that lower frequency rumble, which is typically associated with uh data centers.

Uh this is a a much uh a much different sound wave that uh our city ordinance right now does not regulate.

So what is being recommended is the uh by staff is the daytime rate of 73 DBC and the nighttime rate of 68 DBC.

Uh these numbers are not random, uh they were polled specifically uh by uh uh Prince William County in particular up in Northern Virginia, who did an extensive study over multiple years, uh hired uh you know some of the best uh sound tech uh uh uh experts to determine uh what noise was appropriate, and we certainly have had uh many conversations with them about their recommendations, and based on the science, that uh these this is where these recommendations came from.

It also requires a sound study.

So when these applications come in, uh a sound study will be required that will show the the pre construction level noise that's around the site currently, uh the projected sound levels that are anticipated with the type of equipment and the siting of the data center itself, and then it would require a post-construction study to determine compliance with the adopted uh ordinance itself.

So you have the three layers of protection the establishing the baseline, the projected, and then uh concurrence uh and post-construction to determine to make sure that we are in compliance.

The policy itself uh is it's much broader, and it states that you know, due to potential noise, uh these should be appropriately separated and buffered from incompatible uses, which again the use permit allows us to take that into consideration to make that determination.

And then noise generating features such as generators, cooling towers, should be oriented away from incompatible uses.

And this is really important because with siting of these things, you could like make a lot of modifications to uh lessen the impact uh of this use on adjacent properties.

Water is another big topic.

Uh, and you know the the first and foremost the ordinance speaks about water and wastewater system impact analysis as being required.

So this would uh talk to the type of uh the amount of water that would be required, uh this would be reviewed as as part of our our review for the uh for the use itself.

It must be served uh by a public water system and private groundwater systems are prohibited, and this was something that we've heard uh time and time again that is really imperative for these facilities and concerns, particularly uh if they are to occur in rural areas where uh wells may be affected by large uh uh uh poles of of groundwater, uh, those are prohibited here.

So no groundwater systems uh will be permitted.

And then from a fire and life safety standpoint, sufficient water for fire suppression.

Uh, this was is absolutely critical to make sure that these facilities have enough uh you know, being as large as they are that we have enough water to continue to uh provide uh protections.

And then an assessment of impact on ground and surface water resources.

Again, we go back up to the first or the second point here, which is where groundwater systems are prohibited, but this extra review just you know it it provides a layer of protection to ensure uh that we are assessing all impacts that are related to the use.

From a policy standpoint, there's ways that we can reduce the amount of water that these systems uh require.

Uh, and one of those is using a closed loop liquid cooling system or similar methods to reduce water usage.

And we anticipate that as technology continues to improve, that these systems will improve and the water usage will go down.

Uh so that's why it's in the policy itself.

It allows for this flexible uh adaptation of technology as it comes in.

And then another piece is uh employing water conservation methods such as rainwater harvesting and water recycling systems.

Now we don't anticipate that these would be used to necessarily cool uh the systems within, but uh there is going to be a substantial amount of landscaping that is required as part of uh uh of these uses, and uh that rainwater conservation could certainly help uh with any type of irrigation that may be necessary.

Electricity is another major component uh and and we uh have put uh staff has put forward one of the more robust or requirements up front uh in stating that we need a letter from the electric utility uh provider outlining the existence or planned infrastructure to suppose to to serve the proposed data center, and this is really important because we want to know up front, you know, is there going to be additional infrastructure that's necessary?

Are we gonna need additional substations?

Are we going to need additional uh power line corridors?

Uh and this would allow us to have that information up front so that we can look at the tangible uh uh impacts of this use on not just the property itself but other properties as well.

Um also want to know the estimates of the energy usage and confirmation that it can be adequately served, so making sure that we have uh adequate uh uh uh electricity to to serve both this and the existing uses.

And then no generators is the primary source of power.

Uh you know, these generators can generate a substantial amount of noise and can certainly impact air quality.

So we want to limit the use of generators as much as possible.

At the same time, these are necessary uh for the data centers to make sure that we don't have loss of power should uh the electrical system go down.

Uh so these generators are necessary, but we don't want them being the primary source of power, just as a backup power source only.

The policy states that we prefer siting within a half a mile of existing electrical uh transmission corridors, and the reason for this is those electrical corridors uh provide a lot of the necessary infrastructure to support these types of uses, and we want to limit uh any expansion of that as much as possible.

So when being located next to these power line corridors, they can provide you know, perhaps lateral lines to directly connect into them, or to have uh the necessary uh substations within close proximity so that we don't see a proliferation.

Setbacks in height.

Uh, the ordinance requires a setback of a hundred feet from residentially or agriculturally zoned property line.

And what this does is essentially establishes a hundred foot buffer around the property itself.

And this is where you would see the fencing, the landscaping, and some of the other components of the site.

There's also a minimum setback recommended of 500 feet from the existing residential structures.

Uh the height restrictions are governed by the zoning ordinance, so depending on which zoning district these uh uses are being proposed in, that would be the maximum height that would be permitted.

Of course, as always, city council may approve height exceptions uh up to 95 feet with a conditional use permit if there is no adjacent properties that are zoned or used for residential purposes.

So this establishes that minimum that maximum height uh within acceptable ranges on a case-by-case basis.

From policy standpoint, we state that these should be appropriately separated and buffered from incompatible land uses and designed in a manner that ensures compatibility with the character of the surrounding area.

And this is a good broad policy statement that allows us a lot of flexibility in evaluating these types of uses to ensure compatibility.

Site design, uh, you know, the ordinance requires many uh many plans to be submitted as part of this, the landscaping plan uh establishes buffer standards, a view shed analysis, lighting plans, all of these to ensure compliance and compatibility uh with the the surrounding areas.

And then the policy gives even further guidance to say, you know, that that if you're in the fentress overlay, for example, 50% of the open space uh being preserved, uh 50% of the site being saved for open space.

Uh we want a prefinished metal picket uh uh fencing system as opposed to uh the uh the chain link or any type of barbed wire, talks about more about the lighting standards with dark sky and then establishes really the landscaping standards.

Generators are one of the loudest components of uh of a data center.

So uh the sound that's generated by these data uh by these generators is included in the sound modeling study so that we can see the impact that's anticipated with that.

They cannot be used as a primary source as we discussed earlier.

Uh we establish uh standards from the environmental protection agency of Tier 4 emission standards and compliance with that, and then limiting testing to between 9 a.m.

and 5 p.m.

on weekdays and only one uh hour per calendar week for all generators.

So that means that we can't run them back to back to back to back.

You get one hour to test all the generators so that we limit the impact of the time that those generators can run.

And then we discussed earlier noise generating features being oriented away from non-compatible uses, and that will certainly help with a lot of the concerns.

Fire and life safety, uh, emergency response plan is being required, uh system design, uh documenting uh reliable water sources as we discussed, uh buildings being accessible accessible to fire apparatus, and then automatic sprinkler systems.

I'll tell you, we've got the best fire department in the Commonwealth, and uh our fire department has had extensive conversations with uh numerous other folks from from Northern Virginia who've done a lot of research and work in particular uh with uh with with data centers.

These are very complex structures and have very complex systems, and uh we we've received a lot of great information that has been included in the ordinance that will help us ensure that these uh that we are prepared for any type of uh situation that may come up with these.

Policy also uh uh establishes minimum uh insurance requirements, which are similar to some of the other uses uh that we've seen uh with with uh battery energy storage and uh and and like uh other uh ordinance requirements, the recently passed high energy use facility analysis that is included with the state, that the state's most recent legislation is included within the ordinance itself, uh, and requirements for data centers containing battery energy storage systems.

Uh we also make mention to the existing requirements for battery energy storage as well.

And other policy recommendations.

So avoiding habitat uh and corridors, connecting other habitat areas, identification of uh heat island impacts and potential mitigation, and then uh you know, this is something that that really came up as part of our engagement with the with stakeholders was you know, public outreach and transparency.

So uh requesting that the applicant conduct uh at least two neighborhood engagement meetings uh prior to the item being scheduled for public hearing.

And the intent of this is to educate and to engage with the community, uh and this would require uh notification of all adjacent property owners within a half mile boundary of the proposed development.

Uh we would get a summary of the of the meetings to be provided uh for for analysis, and then non-disclosure documents being uh uh requesting that those be limited uh so that we have full transparency.

And again, these are policy, these are not ordinance, these are policy, so we can make the request, but these are not requirements in and of themselves.

Um, uh items that we discuss are construction of rural roadways and mitigation for those, so making sure that we have uh uh the proper uh tools in place to make sure that our roads are being uh accommodated during the construction time.

And then any change of note of ownership should be within 30 days, we should be uh provided notification.

So I now want to shift our focus to the Planning Commission public hearing that took place last week.

Uh at that hearing we had 27 speakers that came out, uh 24 were in opposition, uh wide-ranging conversations, uh mostly related to setbacks, noise, uh decommissioning, uh requests for bans, uh, water usage, and you know, one of the things that that that came up over and over again again was the ban.

So while uh many speakers did support an outright ban, uh others wanted the concept of adding restrictions, but one additional consideration of certain changes.

Uh so once uh all the public uh speakers concluded a planning commission conversation did uh take place.

Uh major uh revisions were made to staff's recommendation in particular as it's related to setbacks.

So again, we talked about setbacks, staff recommended a hundred feet uh from residential or agricultural zoning and five hundred feet from an existing residential structure.

Uh the planning commission went to a quarter mile from uh residential or agricultural zoning and then a half a mile from uh existing residential.

Uh from a noise standpoint, staff's recommendation was 73 DBC uh during the day and 68 in the evening.

Uh Plan Commission lowered that amount to 60 uh at daytime and then 55 in the evening.

So in totality, when you look at the impact of uh plan commission's proposed changes, the the combination of the setbacks, uh, the lower noise standards in combination with previously proposed public water service requirements, effectively what we get is the prevention of data center development and anywhere.

We've we've run the analysis as as much as we can just based on the existing scenarios, and we're not finding viable sites at this time where data center development could occur.

So in closing, you know, just a couple points here.

Number one, maintaining the status quo and doing nothing does permit data center development by right adjacent to 27,000 residential properties with no public hearing or mitigation requirements.

The proposed ordinance does uh remove all by right development uh with the exception of the Coast of Virginia Commerce Park.

Uh staff is working to provide updated recommendation based off of Plan Commission's recommendation while balancing the feasibility of such proposed regulations for August 18th.

We understand that there was a lot of concerns, and we're trying to make changes as much as we can to provide a recommendation to council that balances both the need, the both the the input from uh the public and uh planning commission at the same time with with uh trying to find appropriate sites for data centers to occur.

Uh the final version will reduce uh buy right development potential, ensure public hearings uh for data centers, provide opportunities to mitigate impact and address some of the concerns of uh planning commission.

Uh you know, all while this is going on, we intend to continue to solicit public input uh both prior to and after council adoption to ensure whatever is adopted uh is is in is uh sufficient to address many of the concerns that have been brought up by the community.

And I'll leave you uh with just this this uh map here.

So when we look at the map uh on on the screen, uh the Etherage Lake Data Center, the the application that was considered by City Council last year was located to the south of Etheridge Manor Boulevard, and that required a rezoning to an industrial district.

So the the proposed request was to rezone the property to to M1 industrial, and that's why City Council saw that.

It was zoned for agriculture, it required a rezoning.

However, as we discussed, there's a lot of uh buy right development potential across the city.

If there was a request right across the street on that red portion, that red property, which is zone B1, that data center could have gone in by right without any uh public input and without City Council's approval, it would have been a by-right use at that point in time.

So would that conclude any uh my presentation?

Be open to any questions.

Before we go to questions, one uh uh just one caveat on page 18.

Jimmy mentioned the impacts of the planning commission changes.

Um there probably would be sites in the city that you could make meet those criteria if you rezoned sites appropriately and and you extended water and sewer to those sites.

So we're just saying that um with existing conditions today, if you applied all those things plus the need for um water and sewer service, there would there wouldn't be opportunities today.

Thank you, Mr.

Manager.

Thank you, Mr.

McNamara.

Uh, council members have any discussion questions or uh want to just bring something up?

Uh Councilman Nois?

Thank you, Mr.

Mayor.

Uh City Attorney Lindley, um I think you and I discussed the Planning Commission's impact on changing the, I guess, proposed ordinance.

Is there any issue or concern with adopting an ordinance that is an effectuate ban of data centers?

Yes, our office is preparing a memorandum for council, basically explaining the law on moratoriums and what it means in this specific instance.

But yes, over the past couple of years, all the way up to the Virginia Supreme Court case level, there are cases that say a total ban on a category of uses is not allowed because we are a Dillon's rule state.

So whatever the state expressly gives us, then the localities have to expressly or implicitly follow whatever the state says.

So the state statutes permit data centers.

So we do have been basically from the state statutes, we don't have authority.

The cases have interpreted it the same way.

That doesn't mean you cannot have reasonable regulations on it, though.

Kind of looking towards what Virginia Beach is doing where they are taking data centers and then they're creating subcategories within that use and regulating those differently.

And some of those uses under data centers may be prohibited, like the large-scale types.

So the long short one is it is a complex issue.

We're preparing a memorandum for City Council, and I'm happy to discuss it more once we complete that and send it to you.

Okay, thank you.

Um I guess I just have a couple follow-up questions.

Um, Mr.

McNamara or Mr.

Um Price, there was a comment made about policy R recommendations and not requirements.

Um is it not staff's intention to to try to work with applicants to meet those policy standards to then come to council with a recommendation positive or negative?

Yes, ma'am, that's exactly correct.

So the um if you think about when an applicant would submit a conditional use permit application, staff would use that policy guidance as the lens that we would look through in in developing staff's recommendations.

So when I looked through the policy, there were very few shalls and very many shoulds.

I think there's a lot of non-negotiables from at least my standpoint with water usage, noise, electricity, that we should firm up the language a little bit more, that it should be shalls.

The expectation of applicants when they're if they are going to apply, that you shall have a closed loop system, you shall not have a noise level greater than this.

The should just to me leaves it open for interpretation that you potentially could have not have that and then get a so still get a positive approval, which I don't think is necessarily our intention.

Generally speaking, the reason we don't use shall in the comprehensive plan is it's a guide, it's not a law.

So if it's a shall, it's probably got to be in the ordinance if it's uh if you know, but e even if you want it to be a shall, um if it if it's in the comprehensive plan by definition, it's not it's not a shall.

So even if we said shall in the in the policy, it doesn't have the force of of law like the ordinance does.

But I think that's a very um astute observation.

So no matter if if council wants to move things into the ordinance or leave the policy, it is, we'll give clear direction to staff that this is the lens that council expects as we're considering applications to come to the I just want to make sure from that perspective that we're not giving if council did adopt a policy, we're not giving a um lens for staff to look at that this is a negotiable, that these are non-negotiables for council.

Um and then I guess just uh a couple comments.

So um I'd be interested in hearing some feedback from um the community or city leaders in Prince William that I know we've got a lot of conversation with them about what their policy looked like and their impact on their community.

I'd be interested in having some feedback provided from them if we have that available.

And then the M1 and M2 areas, um, I it's been generally shared with us that there would be conditional use in those two industrial districts.

Could we provide just a little bit more information about where are the M1M2 areas and any um close neighbors, kind of how we've evaluated that those are the appropriate districts versus the business districts or additional districts there?

And then I guess I I've emailed all of council kind of my thoughts on moving forward on policies and ordinances, but it seems like there is a strong desire for public input from the community on this issue.

We've seen that.

Um I watched the planning commission, um I've attended civic leagues with many of my colleagues here, and there's a strong input or desire to have public input here, and I don't think we've had a significant amount of input on this issue from the public.

So there is ever-evolving technology, and I think that this is something worth kind of taking a um a pause on.

Planning commission was very strong about we have to do something today, we have to make an immediate action.

Um I've talked with City Attorney Lindley.

There is a legal way for us to both protect the city from data centers impacts as well as have thoughtful conversations with the community, and that's something that I will propose with the appropriate time.

But just so we're all on the same page, at least for council, in my conversations with uh Madam Attorney, we can adopt an ordinance making by right conditional use and then putting a hold on any applications that would come to council.

So then no permit or no conditional use permits would be processed with council with data centers, put a hold and then continue the policy for consideration.

That will both protect the city from any data center development while we're having the conversation about what the appropriate policy is.

I think that is a excellent way to further involve the community who wants to be involved.

So that is what I'm gonna propose, and that will protect the city from any data center development popping up in the meantime.

We don't have to do a strong um quick decision on this.

I think that would be um ill advise of us to just make a decision because we have to to protect us otherwise.

We can always amend an ordinance after the fact, too.

So if we decide there's additional protections or um diff additions we need to add to an ordinance, we can always come back and do that.

But I guess that would be my proposal moving forward at the appropriate time.

Um I did, I missed I've got like a bunch of chicken scratch over here.

I did miss a little point I wanted to ask about.

Um my understanding is with data centers, before they can even come to a community, they have to get pre-approval from Dominion, and there has to be a feasibility study from Dominion.

Have we looked into where in the process that should be done?

I mean, I think if you're gonna even apply for a data center, our community, you should have a letter from Dominion saying they can even support it.

Don't waste our time and the community's time on this if you don't even have a letter from Dominion.

Yeah, our ordinance does propose that uh that language, and I'll pull it back up here, but it requires a letter from the electric utility providing and outlining the existing or planned infrastructure to support that.

So not only that we can that we can support it with we can support the electricity there, but what is also necessary.

So do we need additional substations, do we need additional lines?

Uh but that is an an ordinance requirement, and that would be as part of the application itself.

So they would have to have that pre-approval letter from Dominion in accordance with our ordinance prior to even coming to council.

Yes.

Okay.

And sometimes you'll see sites and applicants or the or the community might say, well, there's transmission lines available, that there's transmission lines there already.

Um there are many times where um Dominion needs to upgrade those transmission lines in order to provide that capacity service.

So that's something we would want to know well before council is considering an application.

Okay.

I appreciate that.

Um I really appreciate staff's time.

Um I don't think you guys get thanked enough, but this is a really hard topic.

It's really hard for me because I see a lot of um cons and very little pros.

So I'm having a hard time grappling with it.

That's why I think if we can have more community input, um that would be fantastic.

So we can decide if the community does think data centers are appropriate here, and if so, where?

But I really do appreciate the time you guys have put together the stakeholder uh group.

Um, Jimmy, the presentation, this is very excellent.

Thank you.

Any other council members this time?

Uh Councilman Smith?

Yes.

Thank you, Mr.

Mayor.

Uh I want to say thank you to the planning staff in reference to what we have so far.

We do need to be proactive as opposed to reactive.

Um it's a lot of talk, a lot of buzz in the city right now in reference to the data centers, and I'm hearing pros and cons on both sides.

So, like um Councilwoman Newens just shared, we need to hear more from the community and what their thoughts are, but we need to put a timeline on it as opposed to having it indefinite.

So I don't know if it's two months, three months, four months, five months, but we need to have some kind of direction and reps to that instead of keep kicking it down the road, kicking it down the road.

So we are at a good start right now as far as having this ordinance in place as far as proposals, but we need to take it to the next next level and get something done.

We want to hear more from the citizens in reference to what's taking place, because I know a lot of them are against it, but we need to see both sides and then make a firm decision as to how we should go moving forward.

That's what I would like to share.

Thank you.

Ms.

Feder?

Um Jeff, did you?

Thank you.

Um thank you to the staff.

And I watched the meeting, and I want to tell you, Mr.

McDamare and Mr.

Jurgens, I see you back there.

Um thank you for your presentations.

I thought they were well done.

So let me ask a couple questions here.

They're basic.

I mean, they're starting at the ground level.

Mr.

Manager, do you know currently how many data centers we have in the city?

No, ma'am.

But we do have them.

Yes, ma'am.

Is there one on this campus?

Yes.

Is there one at the public safety operations center?

Yes.

And I believe there's at least one in Greenbrier in a three-story building used to be the TAM Bank building.

Yes.

Can you find that out?

We can look into that.

Okay.

Um and it it goes to the point of there's been some discussion about the surrounding cities.

And I may be an outlier, but I actually think looking at the output, whether it's kilowatts, up to a gigawatt of output, is probably a very good way to look at sightings in that some sized, some amount of output is not recognizable to people and makes a very short imprint where uh as Virginia Beach has talked about the hyper data centers, they're the ones that make the tremendous impact.

So I hope as the process goes on, we'll take a look at how they did that.

Um I think it's an interesting thought.

And for places I'm gonna ask this question before I even start.

Let's talk about the Williams farm.

The one spot, Mr.

McNamara's, can you get that slide up?

That would be by right.

And the reason it would be by right, correct me if I'm not correct, um, is that it's included in the rezoning PUD criteria.

We cannot change that, correct?

Because we do not own the land.

Does anybody want to weigh in on that?

That is correct.

So it's that when that rezoning was done, it was done as a planned unit development that has a development criteria with everything from uses and site design and one of the specific uses enumerated as a permitted use is data centers.

I do want to put a caveat on, I agree with Councilmember Newlands 100 percent on the strategy she laid out.

I think it would serve the city very well.

Um caveat that if if you did put a policy in place that we wouldn't consider data center applications until such time that the policy was done, um that would be for all sites that need rezonings and conditional use permits.

This site as a buy right site could still come in, file a site plan and and um and um get an administrative approval.

Right.

So I guess going to the introduction Mr.

McNamara gave, and I think this is critically important for people.

Right now, this like a free-for-all.

We would have absolutely in probably a few cases, the ability to regulate in any way the sighting of any data center.

Is that am I characterizing that correctly?

That is correct.

Okay.

So the purpose of this, and I know that it doesn't go along, people think, okay, you just stop everything.

The purpose of this is to set up what I consider to be fairly stringent guidelines.

And this is how we protect the city, and I I wouldn't use the word from data centers.

They're inadamant objects.

We really don't need to protect the city from them.

But what we do need to do is to make sure, should one be successful, that it is cited correctly, that it will not be a burden on the surrounding area, and that it will bring a benefit of some kind to the city.

So the protection of the surrounding areas is what the policy will provide.

And at some point, when the zoning ordinance is set, that can be changed.

And it doesn't have to wait till there's a problem.

It can be changed at any time with the proper notice.

So I hope that we will look at the subcategory issue.

Um I I think that was a pretty good idea.

And then to go to the sound attenuation.

I've read a lot of people commenting on the Fentris overlay district.

And we have established noise guidelines there now.

And I think development residential development at least is precluded in any area 75 decibels and above for ambient.

Is that correct?

Ventures overlay uh does not has classified residential as an incompatible use within the entire overlay.

Okay, and off the top of your head, Mr.

McNamara, do you have any idea how many acres of development rights the Navy has purchased from landowners in the Fentris overlay?

I'll probably have that number for you later this evening, but I would have to do that.

I have it for you now.

There we go.

Approximately 8,000 acres that are not available for residential development.

We do, however, via the use permit process, allow some industrial uses in the fentress overlay, which is kind of why it was written, right?

That is correct.

But any application in the Fentris overlay district will go to the Navy, will it not?

Yes, ma'am.

Any discretionary application we forward to the Navy for their comment and review.

Okay, and I asked, I believe it was Mr.

Price.

Can we take it may not, I'm gonna ask Mr.

Geist to give me a thumbs up or down without making him come down here.

Um the last noise contour study in the in for Fentris, was that for the transition from F 14s to F-18s?

Okay, I got the thumbs up.

We must have the sound studies from that.

And they should include ambient noise.

Okay.

Yes, ma'am.

And there's, you know, a group of people, of course, who live out there that live with that, and the ambient noise, I'm going to get another thumbs up, I hope.

And I is that Mr.

Keffer sitting in the back.

I'm sure he would agree.

Ambient noise in the Fentress overlay district is distinctly different from single event noise.

So you know the ambient noise is, I think, what we want to concentrate on and take a look at.

But I hope you'll take a look at all of those.

And I think I have.

Yeah.

I I you know, I think we and Ms.

Newman's asked the question about a moratorium.

Do you feel you need to add anything to that?

No, ma'am.

What?

We don't have the thing.

Well, you know.

I think our question was about uh well, a ban and a moratorium are the same thing in land use.

Right.

But I mean land use parliance, ban and moratorium are the same.

And moratoriums are not allowed.

You can basically just cannot have a total ban on one use.

And that's been shown in numerous cases.

A recent example in 2002 was an ancient art case, where at the circuit court level, Virginia Beach had a total ban on all tattoo parlors, and then they realized that was illegal.

So when it got appealed all the way up to the Virginia Supreme Court, they quickly adopted an ordinance imposing different regulations, and then you know the court threw it out.

Um so there's just a lot of cases that have just made that ruling that a total ban on one use is not permitted.

However, if you want to break down one use into different subcategories and have reasonable regulations that are valid land use factors protecting the public health safety, welfare, then you can regulate subcategories a little differently.

Um as you've all said tonight, we're not really at that point.

Um at this point, we're just proposing an ordinance to close the buy right loophole.

And then if you give us direction, we could go on to that next level of consideration.

But I think staff's primary objective with this text amendment was to close the buy right loophole and to get a policy working.

Right.

Which I think is a a very good way to proceed.

But that's why I also think the subcategory issue can address a number of concerns, considering we have an unknown number of data centers currently operating here.

Thank you.

Councilman King.

Thank you, Mr.

Mayor.

Thank you, Mr.

McMirror.

I think you did a great job presenting this information.

Really appreciate it.

I have just a few questions, though.

Um it comes to the noise ordinance, there will be a post-construction study to determine compliance.

Will there be any follow-up studies to ensure that there is compliance with the noise ordinance?

So, like most uh most enforcement, uh we are a complaint-based uh agency, and if there's any complaints that that there's any insinuation that the noise ordinance was not being adhered to, we would certainly go out uh investigate and uh provide uh you know if there was any issues, uh, provide the necessary corrective uh measures to the operator, and in many cases, you know, that would uh we could issue a notice of violation uh, you know, that the that they were not in compliance with the regulations, and uh as always I I think it's important to point out uh as this is a conditional use permit, uh one of the most extreme things that the council has in their ability is if there is continued noncompliance with the stipulations of the conditional use permit or the ordinance itself, the conditional use permit could be uh revoked by City Council.

Okay.

So that will be by request only, though, right?

Correct.

Okay.

You said earlier that the decibels of 73 and 68 that were mentioned originally were not random.

The suggestions from um the planning commission to change it to the 60 and 55, were those random?

Or was there some data to support that?

I can't speak to where those suggestions came from specifically from the planning commission members, but uh the data that we have provided was best available information that was available to us.

Okay.

And then my last question is how will the citizens' water bills be impacted by the water usage by these data centers?

Could you repeat that?

I couldn't hear.

How will the water bills be impacted, if at all, um by the data centers and the water usage?

I'll defer to Mr.

Jugins.

So a large customer to any business spreads out the cost of doing that business.

So the net effect of a large customer of any type, be it a data center or any other large volume user, will actually reduce the burden of cost for those shared costs on the other customers.

So the net financial impact on the rates for the rest of our customers would be beneficial.

It may not be largely measurable, but it would be beneficial.

Dr.

King, I appreciate you uh pointing those questions out, particularly how do you come up with these numbers?

And I I think that's something that we need to give some fault to, not only for us, but for the public, opportunities to learn the facts about these things because there are a lot of misinformation, a lot of difference.

And I it's hard for anybody to know unless we have some uh source to go to.

So if we could just think about how we might uh provide opportunities for people to learn more about the facts as well as us.

I I did speak to some folks in Northern Virginia several months ago, and it seemed like those communities that had those sessions uh were uh beneficial in that once people understood the realities, they were less opposed to them.

Uh Mr.

Bond.

Thank you, Mayor West.

Just a couple of questions.

First of all, uh Mr.

McMurdo, you and your team did a great job, appreciate your presentation this evening.

Also want to um give a shout out to our planning commission too.

Their job was very hard to just publicly acknowledge them.

I do have a couple of questions, though.

Um slide 15 heat island, I have no idea what a heat island is.

So heat islands are typically uses that that project a lot of heat.

And in many cases, you know, we talk about urban heat islands where you know uh that might be a situation where you're in a city and uh there's a lot of hardscape, not a lot of landscaping, and the temperature around that that area is typically higher than uh the surrounding areas just based off of the uh the uh the development that's there.

Data centers as they do, uh you know, are uh contain a lot of equipment.

You know, there is certainly uh the the potential for uh a heat island effect uh with with the type of use that's there.

So we would certainly want to uh you know uh make sure that we are uh aware of you know any situation where that would come up and it make sure that we mitigate any uh impact of that heat island if there if there were one.

Okay.

And then um Councilman King did bring up the the noise factor.

I have no idea what a 73 DBC 65, whatever, whatever.

And um I know I requested this and I'm gonna I'm gonna request it again.

The presentation was very, very beneficial.

I appreciate it.

Um I'm gonna ask this again if possible.

When we get presentations, is it possible for us to get the slides in advance, at least maybe four or five, six hours in advance?

So we can instead of just sitting here and just reading trying to read over hearing your conversation, then trying to write notes.

That would be a beneficial for me anyway.

Uh I guess I'm a I'm a slow learner, but um if if I can request that again, I I would appreciate it.

Um I'm not sure that's the appropriate time.

So, Ms.

New is you so what you're asking for is tonight is I guess you're gonna propose like a um a proposal to close a loophole for by right.

Okay, I just want to make sure I was clear on that.

And I oh go ahead.

And another question I have for you too.

So the Williams farm, just so I understand, I appreciate um Councilwoman Ritter bringing us up because I want to make sure I understand.

So weavings farm, you can't it's by right.

So there's no opportunity for us to have a conditional use there if a data center the development criteria lists it as a buy-right use at this time.

Uh so to change that would require rezoning of the property to uh change the development criteria to make it a conditional use there.

Okay.

Okay, in closing, thank you for your presentation, Mr.

Price, thank you.

And on Planning Commission, once again, thank you for your hard work.

I think Redaker has this too.

Uh Councilman Wedaker.

Oh, thank you, Mr.

Mayor.

Do you want me to click it?

We've had a lot of phone calls, a lot of emails, a lot of text messages regarding data centers recently.

And uh just for the record, Mr.

Manager, uh, is there currently an application and process for a data center?

No, sir.

Okay.

And based on this by right use, currently there is no infrastructure to support a data center at the Frank T.

Williams track.

Um, if there were to be an application uh for a data center with a viable suit or for the Frank T.

Williams track, say in the today, the next week, how long would it take to get that infrastructure there?

So I'll ask Mr.

Jugens to take a stab at that.

How long would it take us from where we are today if an application was proposed at Coastal Virginia Commerce Park to get the public utilities in place to be able to make that facility operational?

That's Matt and Paula.

So probably the soonest it could possibly be in place would be two and a half years.

That's absolutely light speed in the in the design and construction business that we could get sufficient water to provide piped water to that site.

However, our groundwater permit does have authorization to uh use groundwater for a certain period of time up to five years.

But the ordinance uh wouldn't permit groundwater draw, so it would have to be uh but the ground actually the groundwater there would become a public water supply because the permit is issued to us and it would be our treatment process as a as an interim step to do that.

If we chose to do so, that's correct.

Um but assuming traditional utilities, it's two and a half at the at the earliest if an application came in today.

Yes, sir.

And we'd still have to determine where where the sewage, if it's it would be the the Atlantic plant, is that correct?

That's correct.

The sewer is actually a a larger challenge, although the volume of wastewater from a data center is lower certainly than the water demand.

So uh from my perspective, seeing these projects a lot of times, I think two and a half is um a good benchmark for your fastest possible delivery, the likely delivery is uh is significantly later.

Gotcha.

And and so all that said, it would not be a groundwater source, correct?

It would actually be piped in from our current from the Northwest, I'm assuming the Northwest River.

Jimmy so I'm sorry, Derek, can Jim can we go first?

So when we adopted the development criteria for the Coastal Virginia Commerce Park 1, the provisions within that development criteria was the prohibition of the use of groundwater for those types of uses there.

So there would be the requirement that it be piped in.

Just just to add one comment to that, though, is that our public water supply is served by both groundwater and surface water.

So simply stating a prohibition on groundwater won't exactly isn't exactly compatible with the public water system because we do have seven wells that we use as source water.

I think the purpose of the question is it's our choice.

So it's not the applicant's choice, which a traditional development, if an applicant can get a permit for a well, they can sink a well and do a development, but we have no intentions of doing a um data center with groundwater.

Very good.

Thank you, Mr.

Manager.

Thank you, Mr.

Jurgens.

Councilman Rutter?

A new ones, I'm sorry.

I just have a quick question about procedure.

I don't know if it's for the mayor, the manager, or the attorney.

Um the proposal that I am making about closing the buy-right loop and then continuing the policy for further um public hearings or inputs from the community, and then placing a hold on any um applications that come in on data centers.

What is the best way to bring that forth for council consideration?

Because I believe most folks tonight have said on council that we all agree that there's more ideas out there that we should be heard, more public input that should be had.

So I know we're planning to have the um comprehensive plan amendment in August.

So if that's council's intent, and I'm seeing a lot of nodding heads that that's the strategy council would like to follow.

We will prepare um the ordinances and the resolutions necessary um for you on or before the date of your adoption of the um zoning ordinance amendment in August.

Um so it might all be the same night in August or might be before then, but if that's council's intent, that's that will be staff's recommendation of how we implement.

Okay.

I just wanted to make sure for at least public transparency that we don't get a room full of people who want to talk about policy changes, and it's our intent that we want to have that conversation, but it doesn't have to happen that night.

I don't want people here until 2 a.m.

thinking this is their last day on the policy when we're going to open it up till a date certain that we can continue to have the conversation and evolve it.

Yes, ma'am, good point.

And we will we will actually take this as council direction and start thinking through scheduling those public meetings even after you know before or after the August date so that people know that this is a continuing conversation.

And Madam Attorney did draft some language, so I can I guess I can make the appropriate motion under new business, but I just wanted to at least get a consensus from council before I made the request that we are all kind of on the same page.

So for direction from staff, everyone is good with that strategy?

But it occurs to me that we no, that's okay.

I don't want to ruin your evening.

Yes, ma'am.

Um secondarily, I want to go back to the Williams farm.

Um, and thank you, Dr.

King, for raising that about the water rates.

Um, I want to go back to the Williams farm.

Should two questions.

One, should the city acquire the portion that has been rezoned, would there then be an opportunity to make changes in the um PUBG criteria?

Should the should the property come under city ownership?

Yes.

Okay.

And secondarily, as an oversight, if we needed to run public water to the Williams site, would that not require an expansion of the public utilities franchise area?

I know that's probably a question.

We'll follow up because that has both planning and utilities implications.

We'll follow up on that.

I would say if council's intention on Coastal Virginia Commerce Park was to um further restrict data centers as part of the comprehensive plan policy.

Uh we we could evaluate strategies on the uh existing zone site, but um, no, I'm not asking that.

What I'm saying is we've laid out what we can't do with the Williams tract and why it's by right, and I think we we respect that, and so do the citizens.

But the questions are, is there any oversight in general?

One, yes, if we own we take ownership of that portion of the site.

And two, the question would be the expansion of the public utilities franchise area.

Yes, ma'am.

Whether or not that would be necessary, which does add a layer uh that might give more confidence to people that there was some oversight and an opportunity for them to weigh in.

Thank you.

Thank you all very much.

I appreciate the conversation.

Uh this time I think council will uh well knock on adjourn, we will get our regular meeting at six thirty.

Council is now in session.

I'd like to recognize Vice Mayor Ritter at this time for the invitation and lead us in the Pledge of Allegiance.

Everybody's being so considerate of my momentary problems with mobility.

So if you would join me, please in the prayer of St.

Francis.

Lord, make me an instrument of your peace.

Where there is hatred, let me show so love, where there is injury, pardon, where there is doubt, faith, where there is despair, hope, where there is darkness, light, and where there is sadness, joy.

Grant that I may not so much seek to be consoled as to console, to be understood as to understand, to be loved as to love with all my soul.

For it is in giving that we receive.

It is in pardoning that we are pardoned, and it is in dying that we are born to eternal life.

Amen.

Join me in the Pledge of Allegiance while I turn it slowly.

One nation.

Indivisible with liberty and justice.

Thank you, Ms.

Redder.

Madam Clerk, would you please call the roll?

Councilmember Bond.

Here.

Councilmember Jeffries.

Here.

Councilmember King here.

Councilmember Newens here.

Councilmember Smith.

Here.

Councilmember Ward.

Present.

Councilmember Whitaker.

Present.

Vice Mayor Ritter.

Here.

Mayor West.

Here.

Next is the approval of the proposed agenda.

Are there any changes Councilmembers would like to offer at this time?

Seeing none, could we have a motion, please?

Move approval.

Thank you, Dr.

Ward.

Second.

Thank you, Mr.

Vedder.

Please prepare to vote.

Vote and record.

Madam Clerk.

Motion to approve the agenda as presented is adopted by a 9-0 vote.

What I'm about to read is uh a little more exciting, seeing all the folks that are here and knowing why you're here.

It really truly is a great privilege to recognize a man whose career is remarkable.

Uh example of the commitment, character, and service.

For 50 years, Mr.

Chester Lee Holliman has faithfully served the students and families of Chesapeake Public Schools, leaving a legacy that reaches far beyond the classroom.

So tonight we are here to honor, to celebrate this extraordinary milestone.

We are especially pleased to welcome Mr.

Holliman's family, friends, colleagues, and all who have joined us to share in this well-deserved recognition.

Mr.

Holliman, would you please join me at the podium?

I'd also would like to invite Mr.

Chad Foltz, Principal of Hickory Middle School, to offer remarks, followed by Mr.

Shane Smith, Mr.

Holliman's longtime college friend.

Mayor West, members of the City Council, thank you for the opportunity to speak this evening.

It is a profound honor to stand here today to recognize Mr.

Chester Holliman for his 50 years of distinguished and faithful service to Chesapeake Public Schools.

Fifty years is more than just a number.

It represents half a century of dedication, patience, and passion.

In his role as a health and fiscal education teacher at Hickory Middle School, Mr.

Holliman has shaped the lives of countless students, inspired generations of colleagues, and left an enduring mark on our community.

To witness a career that spans five decades is rare and truly remarkable.

Chester has been a cornerstone of our school, demonstrating a commitment that goes far beyond the classroom.

I know Chester wasn't expecting quite as many people here this evening as he anticipated in attending with his wife.

So at this time, I would like to ask that our colleagues, friends, and staff of Hickory Middle School and Chesapeake Public Schools who are in attendance this evening to please stand as well.

Thank you.

Seeing the room full of people who have been impacted by your work speaks volumes about your influence, Chester.

There's a quote by Winston Churchill that seems fitting at this moment.

We make a living by what we give, but we make a life by what we give.

Chester, you have certainly made a life of giving, giving to our students, giving to your colleagues, and giving to the city of Chesapeake.

On behalf of Hickory Middle School and the entire Chesapeake Public School Division, thank you for your unwavering dedication, and we wish you the very best in your next chapter.

Congratulations on this award.

I just have one question for you tonight.

Have you cashed that plot check yet?

No, I have yet.

See, we're going to lunch tomorrow, and I gotta figure out if I need my wallet or not.

Good evening.

My name is Shane Smith, and I've had the privilege of teaching with Mr.

Holliman for the past 22 years.

They say there are two types of speakers those who are nervous and those who lie about it.

Well, I am nervous, but I am also honored to speak on this great man's behalf.

The city of Chesapeake usually gives a key to the city for those who work for 50 years.

But knowing Mr.

Holliman, he would lose it.

So whoever decided on honoring him tonight in this fashion, that was a great decision.

Throughout my 22 years of teaching, Mr.

Holliman has gone by many names.

Most people who know him well call him boss or boss man.

Boss, as I like to call him, is a people magnet.

No matter your age or job title, whether you're a student or a teacher, people always want to be around him.

This was for many reasons.

In a world where there are so many people are negative, boss is not one of them.

He always has a positive attitude, and no matter what type of day you're having, it always gets better after spending time with him.

Most importantly, boss man always makes you feel so good about yourself.

He listens with genuine interest, offers encouragement, and celebrates the successes of others as if they were his own.

After spending time with him, I always left more confident, appreciated, and better about myself.

Both of my sons were students at Hickory Middle School.

One perk that I had as a teacher was that I could choose a few of their teachers.

Boss, the best compliment that I can ever give you was that both my boys had him as a teacher all three years, and that was not by accident.

I knew that if you made them feel about half as good as you made me feel, they would be in great hands.

I just completed my 32nd year of teaching, and I cannot imagine having 18 more to reach to 50 like you.

Over the past few years, boss has had some battles that would have made ordinary people retire.

COVID and learning a whole new way to teach in year 44 would have made many of us here tonight retire.

I was most proud of him.

The way he attacked these new challenges, such as Schoology, Google Meet, Zoom, and Canvas head on.

He actually helped me become proficient in these.

No, not by teaching me how to use them.

I had to help him so many times that after a while I didn't even need to be in front of my computer to help him with his questions.

Boss, tonight we aren't just honoring 50 years of teaching.

We are honoring 50 years of changing lives and shaping futures.

Thank you for your dedication, your wisdom, and most importantly, your friendship.

Mr.

Holman, I didn't have the opportunity to know you when I was at Hickory Middle School.

You were either at Portlock or D.

Yeah.

You've got a great staff, and just to hear all these wonderful things about you.

So on behalf of our City Council and 250,000 people that we represent, I want to honor you with this certificate of recognition and distinction.

And I'm going to give your wife, Audrey, the uh Audrey, the uh actual paperwork because I think you'll lose it, right?

Probably will.

Please have a word.

All right, thank you.

Okay.

First of all, thank you, City Council for this privilege.

Thank you, Dr.

West.

All my colleagues and friends, thank you for coming out.

Uh 50 years sounds like a long time, but it doesn't feel like it.

I've enjoyed all 50 years.

Okay.

I came in in 1976, by using ten of your year, and I've enjoyed it ever since.

You know, I started out at Portlock Elementary.

Then it was a K-through 4 school, and uh so I taught kids for five years on a road.

I got to know all the students, the siblings, the parents, the grandparents.

It was like family there.

I enjoyed it for 14 years.

Then I moved on to family life, did that for nine years.

That was different.

But I enjoyed it.

I worked with some good people.

And then the last 27 years I've been at Hickory Middle School.

You know, if you can't work at Hickory Middle School, you shouldn't be working.

Should not be working.

Just a great place to be.

And uh I've been very well supported.

Uh outpouring of love all the time.

The kids are good, parents are good, my co-workers, my administrators, everybody's treated me very well.

So I will just leave Chesapeake Public Schools with a lot of good members.

Okay.

And um I wish you all the best.

And I think you can make it 18 more years, sir.

I think you can make it.

So anyway, thank you very much, and I'll be seeing you.

Thank you.

Thank you.

While the mayor's making it back up here, I'll take the opportunity to read what's next for him to say.

Um, and I'm sure all the Hickory Middle School folks know that the opening principal for your school is our mayor Rick West.

So he has a particular affinity and love for the Hawks.

Even though he went to Great Bridge High School.

This City Council meeting is a limited public forum, so public comments must relate to tonight's agenda items.

When speaking, please focus your remarks on the merits of the item to which you are speaking.

Doing so helps this hearing fulfill its purpose of gathering relevant information for the voting body.

Additionally, to balance order with the public's right to speak, and as outlined in the city council's rules of order and procedure, any speaker who delays, interrupts, or disrupts the meeting through disorderly insolent or disturbing action, speech, or conduct will be declared out of order.

Madam Clerk, are there any speakers who wish to speak prior to the presentation of the public hearing item?

No, ma'am.

Okay.

Council will now consider.

Where is the mayor?

I didn't think I'd go this far.

Um council will now consider a public hearing item.

Madam Clerk, please present the non-planning public hearing item A.

An ordinance authorizing the city manager to execute a deed of vacation as to the city of Chesapeake's interest in certain public utility easements located at 512 Battlefield Boulevard North, requested by public utilities.

Okay, Madam Clerk, are there any speakers on this?

Yes, ma'am.

We have one speaker, Amanda Nesmith.

Okay.

So I too ignored this people.

I too am nervous, but it's because my boss showed up unexpectedly, so I'm feeling the heat.

Um mayor, council members, good evening.

Thank you for having us and for considering our requests.

I appreciate the staff's recommending approval on this matter.

And I especially wanted to call out Miss Cindy Perns, who was very, very helpful throughout this process.

Um request tonight is to approve the staff's recommendation to vacate an easement on our property where we're trying to effect a project.

Uh we are also asking the council to exercise discretion to waive the valuation that's associated with the property and the staff's recommendation.

Uh the easement was granted to the city at no cost.

Um the intent was a townhouse development, and the easement was for public utilities.

The proposed development plans have changed.

No utilities have ever been installed.

There's no future use, and our project cannot proceed without the vacation.

In association with our project, we are granting the city consideration of a small piece of the property in support of the Battlefield Boulevard project.

Also, we're granting our neighbor 500 battlefield LLC and easement also in support of that same project, and we are not pursuing any financial consideration for either of those situations.

In May of 2024, there was a project at 1700 pomegranate associated with the Shilleley Commons project.

Same circumstances, they had a plan, they granted an easement, the plans changed, no utilities had ever been installed, no future use for them, and they committed if there was a need for another easement, they would grant it to the city at no cost.

We're doing the same asking for the same consideration.

This project represents a significant private investment in Chesapeake.

Today's environment for construction is not uh favorable.

We've got skyrocketing costs, we've got interest rates that are above normal.

So every time we add cost to the project, we delay it.

And with this valuation, we can start construction sooner.

We can get that property value increase to get more taxes to the city.

We'll be providing some jobs and some investment in the city.

Um we believe waiving the valuation is not only warranted by the facts of the situation, but it's also consistent with the city's strategic objective supporting productive redevelopment and private investment.

If a waiver cannot be granted tonight, we would request a continuance to allow our attorney time to return to town.

Thank you.

And I welcome any questions.

Okay.

Um, I don't have it.

You have it now.

Thank you very much.

Thank you very much.

Uh any other speakers, Madam Clerk?

No, sir.

Okay.

We have a motion, please.

Um, I would move that we authorize the city manager to execute a deed of vacation at the location 512 Battlefield Boulevard North and waive the requirement for the um cost.

And if there's a second, I'll explain.

Second motion.

Thank you.

Thank you.

Thank you, Dr.

Ward.

Um, normally I wouldn't be inclined to waive the cost, but in light of the fact that this easement originally was given to the city at no cost, plus the dedication of other necessary easements.

I I think it's warranted in this case, so I hope the council will agree.

Any other discussion?

Seeing none.

We do have a motion for approval.

Please prepare to vote.

And we are waiving our motion is to waive the uh the evaluation.

Please prepare to vote.

Please vote and record.

Motion to approve the ordinance as presented and to waive the requirement for cost is adopted by an eight to one vote.

Thank you.

Next citizens uh comments on agenda item uh only.

Are there any speakers, Madam Clark?

Yes, sir.

We have one speaker, Vic Nichols representing self speaking on various items.

Um looking at the acknowledgement, it looks like about all we're getting in is a whole lot of apartments.

It would be nice if we could attract something a little different, other than this, you know, mixed-use stuff everywhere.

On Clooks like um Great Bridge is getting a TAP place.

Hey, uh that's what Greensbar for.

We we kind of like those TAT shops.

Y'all need to move that over here, and then you can give them that data center because I can tell you right now, none of us want another data center.

We'll take TAT shops over the data centers.

On city manager item two, why do we not have anywhere in the budget what it is costing Chesapeake residents to pay for other cities issues?

We do it with Petroit.

We're doing it now with PASCATank.

Who else do we have these agreements with?

And how much is it costing us?

Because we're having to pay out of pocket for other people's stuff.

And I don't know if you've taken a look lately, but a lot of people are totally getting fed up with having to pay for everyone else's stuff, and people are not stepping up to the plate.

I work two jobs, and the fact is it is ridiculous to have to do that to simply keep your head above water.

And matter of fact, I'm not the only one.

I've got another person at my workplace that is also working two jobs.

She works probably about five to six more hours a week than I do at the second job.

And we're over here trying to make ends meet.

I mean, the newest car I have is eight years old.

And the next one is 15.

So we're not buying new stuff.

I don't have new things on my house.

I had to spend over $2,500 fixing up my HVAC.

So obviously that's not new.

So it is time to start nickel and diming you guys like you nickel and dime us.

How much are these things costing us?

Who do we have them with?

We need to start being transparent.

Thank you.

Thank you.

Next is our consent agenda agenda.

Madam Clerk, would you please present it?

City Clerk items one acknowledgments.

Public necessity, convenience, general welfare, and good zoning practice requires the following zoning reclassification request to be heard.

These requests are not public hearing items at this time.

These items are tentative tentatively scheduled to be heard by the planning commission on August 12th, 2026, and will be considered by City Council at a future meeting.

Item A, PLN REZ 2025-010, Dominion West Senior Housing, B PLN REZ 2026-001, Towns at Rivercrest, C P L N R E Z 2026-005, Battlefield Boulevard, Tattoo Pollar.

Item 2, refunds A, R L I F East 5 LLC, 45,232 and 2 cents.

B, Granite, Parsons, Corman A, Joint Venture, 35,505 and 45 cents.

C Penny OP Cup LLC, 17,694 and 84 cents.

Item 3, resignations, A.

Farley Perkins, Chesapeake Redevelopment and Housing Authority.

B, Cregory McNeil, Human Services Advisory Board.

Jessica Trotman, Human Services Advisory Board.

D, Maria Ballock, Local Emergency Planning Committee.

That concludes the consent agenda, Mayor.

Thank you, Madam Clerk.

Are there any uh items council members would like to remove for discussion?

In the regular agenda.

See none, can we have a motion, please?

Move approval.

Thank you, Dr.

Ward.

Second.

Thank you.

Uh Council Whitaker.

Please prepare to vote.

Please vote and record.

Motion to approve the consent agenda as presented is adopted by a 9-0 vote.

Mr.

Manager, would you please represent items in the regular agenda?

Thank you, Mr.

Mayor.

Item one is a resolution authorizing the city manager to execute a facilities use agreement with the Chesapeake Amateur Radio Service Incorporated to formalize the party's coordination and use of communications resources to the fullest advantage during times of disasters and emergencies recommended by the fire department.

Motion please.

Mr.

Whitaker, but Ms.

News?

I'll second, but I also need to read a disclosure.

Please.

Thank you, Mr.

Mayor.

My husband is an employee of the city and a member of its fire department.

I'm disclosing this interest because city manager items one and two could benefit fire employees.

Since the department includes three or more people who could be affected, the attorney for the city is advised.

I can participate if this disclosure is made.

I do not have a conflict preventing me from participating, and I hereby affirm I can participate fairly objectively in the public's best interest.

Thank you, Councilman Newell.

We have a motion for approval.

Any discussion?

Mr.

Smith.

Yes.

Yes, thank you, Mr.

Mayor.

In reference to discussion, I want to know the money amount associated with this venture because I'm seeing that the city is paying for equipment.

Mr.

Manager, do you have any information on that question?

We have information on the costs associated with the service.

I am told there's no cost associated with the service.

Thank you.

Thank you.

You're satisfied?

Any other discussion?

Please prepare to vote.

Please vote and record.

Madam Clark.

Motion to approve the resolution as presented is adopted by a 9-0 vote.

Item two is a resolution authorizing the city manager to enter into a mutual aid agreement with Pasquatan County, North Carolina, pertaining to the mutual rendering of fire and emergency medical services assistance requested by the fire department.

Motion, please, Mr.

Wedding.

Move approval.

Councilman Smith.

Second.

Thank you.

Any discussion on this item?

Councilman Newens.

Thank you, Mr.

Mayor.

Mr.

Manager, if we could inquire, fire chief is here if you think it's appropriate to ask him the question.

There's been an issue raised about mutual aid and the benefit we may provide to other communities.

Can you explain the benefit that we receive as a city with mutual aid agreements and the reason why we have those?

There we go.

So yeah, that's a great question.

So we actually have mutual aid and automatic aid agreements with all the surrounding Hampton Roads communities.

And the difference between automatic aid is when a call comes in and we share borders with one of the Southside jurisdictions, we will automatically get dispatched to that locality to help them, and vice versa.

So we very routinely go into North of Virginia Beach Suffolk to assist them, and they very routinely come into uh into our jurisdiction to help us uh take care of emergency incidents.

The idea is to get the most appropriate unit on scene regardless of you know what what city it's coming from.

And then we've got mutual aid agreements that also with the South Side um uh jurisdictions as well as North Carolina to also provide resources if it's needed, but that's a request, and if we have the ability to provide those resources, we will, and vice versa.

Uh so it's we've been doing this for years.

It's very uh beneficial to all parties involved so we can get the appropriate resources and the appropriate number of personnel on scene to mitigate the the situations that we come across.

Um before you go.

Yes, ma'am.

Uh sorry, Mr.

Jeffries.

Uh yes, sir.

Just on the topic of mutual aid, I can't put a price on it, but I can tell you, having been a police officer for 25 years in the city at three or four o'clock in the morning wrestling with a suspect who's armed with a gun in the parking lot.

There was no better sound than the mutual aid of Portsmouth officers coming into Deep Creek to provide backup.

I don't I don't have a dollar amount for that, but I was pretty thankful.

Well said, thank you.

Uh Dr.

War.

Oh, thank you, Mr.

Mayor.

And I just want to certainly agree with Councilman Jeffrey's and having been around a long time in uh Chesapeake 53 years, but uh also you know, relations and poison stuff.

But I just think it's a great thing to have because Hampton Roads, you know, it we just calls you know directions, lanes, regardless, even working, we got people who live in Chesapeake work in Northwest, working forth move, Virginia Beach.

I just think that mutual aid is just exciting.

I'm happy about it because working together, we do we are regional, whether you think so or not.

Uh we do.

And working together with the different surrounding uh cities, we get it both ways.

They come to us too.

And um I just commend you for your foresight and making sure that we are constantly aware of what's going on within our region and having started on the regional boards for the last 18 years, which is 17 cities and counties.

I guess it's coming to a close December for me.

But I just thank you for what you do, and I see it on a regular basis, but there's a need to cross these lanes, something like crossing house to help each other.

And I just think it's commendable.

Thank you for what you do.

Vice Mayor Rutter?

Thank you, um, Chief.

Uh to enlarge what you said.

We also have mutual aid agreements with the Navy, do we?

Yes, ma'am.

And they often respond sometimes before we can.

Yes.

A lot of times sometimes the call is closer to their facility, so they get there before we do.

Yes, ma'am.

It's it's very beneficial for all parties involved.

Okay, and for the citizens.

Absolutely.

Thank you.

That's that at the end of the day.

That's what we're here for is a support of citizens.

Yes, ma'am.

Thank you, Chief.

Thank you, Chief.

Thank you for saving lives no matter where they live.

Yes, sir.

Thank you.

We do have a motion.

We do have a motion.

Please prepare to vote.

Please vote and record.

Motion to approve the resolution as presented is adopted by a 9-0 vote.

Item three is a request to appropriate $26,748 in state revenue to the FY27 court appointed special advocate grant and establish two part-time positions to the court appointed special advocate program requested by human services.

Motion, please.

Move approval.

Mr.

Councilman Newlands.

I'll second Vice Mayor Ritter's motion.

Thank you.

Um Mr.

Manager, you discussed this with us earlier.

Um originally in the budget, it was a much higher number, was it not?

So this is one of the items that we didn't know when we developed the city's budget how much money we would be receiving from the state.

And this I believe that what we had in the budget was 150,000 was our estimate of revenue.

It actually came in higher at 100 and almost 177,000.

We had 99,000 was what we had previously.

And so we had submitted a grant application.

The state came back and said you actually are eligible for more money than you were expecting, and so we need to adopt this in order to appropriate those additional funds that have been allocated to Chesapeake.

So in other words, what we budgeted is over 100,000 more than what you are actually asking to appropriate.

Correct.

This is just the supplemental funding over and above what we already have in appropriations to cover the state award.

Thank you.

And I see Ms.

Lilhill here.

Thank you for all the good work you all do with this.

Thank you.

Excuse me, we do have a motion for approval and no other discussion.

Please prepare to vote.

Please vote and record.

Motion to approve the request as presented is adopted by a 9-0 vote.

Next assistance comments on services policies and affairs of the city.

Do we have any speakers?

Yes, sir.

We have 12 speakers.

They will get three minutes each.

The first speaker is Sabrina Davis, representing Reset Inc.

speaking on city support for the third annual back to school event, followed by Vic Nichols.

Okay, Vic Nichols representing SEP speaking on affairs of the city, followed by Stephen Hayes.

First, two more weeks for those of you that voted for the no salary rise.

Public, you stated you need to say that you're not going to take that rise else it was just done to look good for re-election.

Previous year's rezonings that were voted down were brought back after elections.

Study showed raises led to a lot more hours of paid fundraising, not time worked.

Two, have you been calling VDOT every day to get the extension from Greenbrier Mall to the 64 West Ramp, on ramp in place before the estimated 7,000 vehicles a day Costco build, because we are never going to be ready if y'all don't get moving.

On data centers, Mayor Dyer said I would really recommend an ordinance banning data centers in Virginia Beach.

One of the problems I see is that the major developer proposing Etheridge Lakes Data Center in 2025.

If you take a look on VPAP, he has contributed $138,217 for all years.

D's had $20,100, ours got $69,926, and others got $48,019.

$85,200 was sent to Mayor West, and another $3K for West for Council.

Over half of council has donations from him.

On flock cameras, they have been found at bike paths, nature trails, public parks, wilderness areas, community pools, reproductive clinics, and rec centers.

That's not plate tracking.

That is people tracking.

It also appears that 404 Media revealed an audit of the LAPD office of the inspector general.

They caught the department's ALPR cameras generating 161 false stolen vehicle alerts in just two months, each one ending with officers pulling over an innocent driver.

You also had multiple issues, for example, Racine County, you had Georgia, where police officers were abusing their access to flock cameras and coming after people for it.

All that also kind of ties into data centers because what do you need with all this surveillance of us?

It is places to store it.

Hence data centers that none of us really need.

So they have a 7% error rate when they're reading the plates.

That's pretty disturbing.

At least I believe so.

While it was looking up some issues, I found out that in state law, Chesapeake is one of the thank you.

Stephen Shaman Hayes, speaking representing South speaking on the need for foster care reform, followed by Ozanne Duran.

Thank you for the opportunity to speak today.

My husband and I are foster parents in Chesapeake, Virginia, and we've been impacted firsthand by both the positive outcomes of foster care and the gross negligence and atrocities.

Just a few weeks ago, I believe that the only victims of the failures of the system were the children left in it, navigated voicelessly.

I now painfully understand that foster parents can also fall prey to this broken system, the negligent culture, and the retaliation of the current staff.

The first couple of weeks in May, we had an experience where the department supervisors arrived to transport our foster son to visitation with improperly assembled car seat that could not be properly installed with department within the department vehicle.

The supervisors claimed that they were safe drivers and attempted to intimidate us into a compliance, insisting that the loose rattling car seat was good enough.

Trying to stay focused on solutions, we loaned our car seat to the department to facilitate transport, offered to make a donation to fill the gap in resources, and pleaded with the staff to prioritize the safety of the children, even asking them to allow us to drop him off to see his biological mother.

The department's solution was to involve third party nonprofits to help facilitate transport, who arrived, smelling of marijuana wafting from their vehicle and on their own body.

The department's case manager, who is a supervisor, threw her hands up, saying that there was nothing that she could do and stood four stalls away from the vehicle, refusing to approach or to check the car seat in the vehicle herself.

As mandatory reporters, we took necessary steps to report these incidences to Norfolk C CPS and Norfolk PD, because that is where this incident had occurred.

In retaliation on June 4th, these department supervisors who were named in our CPS report made the decision to remove our foster son from our care.

They were unable to provide any specific reasoning for their decisions outside of it being their right to do so.

They claimed that we were resisting reunification and visitation, though the reality is that we have tried department tried to partner with the department at the highest level in order to be a sustainable resource.

It has become very clear that the Chesapeake Department of Human Services thrives on a culture of intimidating its foster parents into compliance rather than partnering with the foster parents to ensure the best outcomes.

VDSS shared that none of these incidents were documented within the electronic record, showing a clear lack of proper documentation.

We've had occasions where we were taking our foster children to the hospital and were unable to get a hold of case managers, department supervisors, their supervisors, and the Chesapeake hotline for an emergency report or an emergency authorization for treatment of care.

We have outright been told that by preventing tragedies, our reports do not carry enough weight to warrant action.

What I'm asking for today is for the group here to recognize that if partnership between the department and the foster parents is the goal, the Chesapeake Department of Human Services is not only falling short, they're placing children at risk.

Ozanne Duran speak representing Sales, speaking on data center wastewater, followed by Joanne Hammond.

My name is Ozanne Duran and I live in Chesapeake.

Um Mr.

Mayor and members of council.

I'm speaking tonight about the data center proposal, specifically water and wastewater.

My request is simple.

Fix the ordinance before approval.

All data centers in Chesapeake shall use closed loop cooling systems with zero cooling water discharge.

No data center shall discharge routine cooling water, process water, blowdown, or heated industrial wastewater into the sanitary sewer, stormwater system, or receiving infrastructure.

Any discharge shall be cooled below 77 degrees Fahrenheit at the site outlet.

Continuously monitored for temperature and flow, approved in writing by HRSD and Chesapeake Public Utilities and P'4 entirely by the applicant.

The standard shall apply to every data center in Chesapeake, including any site shown on the map as buildable by right.

There are four problems.

First, open loop data centers discharge hot water, which is a health hazard due to legionella bacteria.

Second, dumping clean water takes up valuable capacity.

Third, Hampton Roads is sinking because of groundwater withdrawal.

Fourth, there appears to be a loophole that would permit data centers to not comply with this ordinance.

Citizens stayed at the planning commission meeting well past 10 p.m.

because they were speaking about all data centers in Chesapeake, not just some data centers in Chesapeake.

This ordinance should apply to every data center in Chesapeake.

Sewer systems are not cooling systems.

Wastewater plants are not heat sinks.

They are public infrastructure with limits.

CDC says Legionella grows best between 77 and 113 degrees Fahrenheit.

Modern data centers can output coolant at up to 131 degrees, and they are working on running hotter, not cooler.

This is warm to hot industrial water at or above the range where bacteria can grow.

It is prudent to not allow discharge at all if we don't want to cause a disease outbreak.

Chesapeake already understands that clean water can still be a problem when it goes into the wrong pipe.

We manage and tax stormwater separately because it takes up capacity and causes downstream problems.

HRSD is already working in Chesapeake to keep rainwater out of the sanitary sewer system.

When water overwhelms the wastewater system, the result is sewer overflows into our waterways.

HRSD is also using SWIFT to pump highly treated wastewater back into our aquifer to slow our land from sinking.

A dramatic oversimplification.

Hampton Roads has two water level problems.

The ocean is rising and the land is sinking.

HRSD, USGS, and VIMS all say land sinking causes more than half of Hampton Road's net sea level rise effect.

Best case, one open loop data center would use a third of the water we are pumping into the aquifer.

Worst case, a single data center would use five times the water we're currently pumping in.

Please don't waste our tax dollars by making our public infrastructure pay for the costs of the billionaires' data centers.org.

Thank you.

Joanne Hammond, representing Self speaking on trash pickup, followed by Linda Tyndale.

Is that it?

Okay.

Okay.

My name is Joanne Hammond.

I live um in a townhouse area off Battlefield Boulevard beside Lowe's.

And the street I'm complaining about is called Byron Street.

From Battlefield to Volvo Parkway.

No one lives on Byron Street.

They all live off of Byron Street, but people who still continue to put furniture and trash.

And if it doesn't get called in, it just lies there for week after week after week.

And I had to make another call today for the same thing.

And I don't I'd like to know why these things don't get picked up.

You know, they just drive right by all this trash all the time, the same stuff.

And uh I was wondering if you could maybe do something about this because you know I'm I'm usually the one that goes right in the neighborhood picking up trust, and I make all these calls.

And if I if I don't call something in, it just keeps lying there.

So I'm not very happy about it.

Not soon.

Okay.

Thank you.

Linda Tyndale, representing Sales, speaking on data center guidelines, followed by Jennifer Economy.

Good evening.

Linda Tyndall, 1045 West Road.

Concerning the ongoing matter of strengthening the data center ordinance and guidelines, I applaud the increased setbacks.

However, I have a much stronger suggestion.

We need to make the right thing easy and the wrong thing difficult.

It is what this tax-paying voting external stakeholder is expecting from my elected city council members and mayor.

I propose a mandatory three-mile island around any proposed data center.

No data center can be within three miles of any school, college, daycare center, retirement home, hospital, fire station, police station, military installation, prison, or church.

Also on the three-mile list are rivers, streams, lakes, ponds, bays, reservoirs, wetlands, swamps, wildlife habitats, parks, playgrounds, and ball fields.

And of course, not within three miles of any bridge, railway, highway, airport, museum, historical site, or cemetery.

Don't forget that we need to be good neighbors, so no data center within three miles of Norfolk, Portsmouth, Suffolk, Virginia Beach, or North Carolina.

And lastly, they should only be on industrial zoned sites that are surrounded by industrial zoning.

No data centers adjacent to residential or agricultural zoning, period.

We won't need conditional use permits if the ordinance and guidelines have teeth and backbone.

The external stakeholders should not have to come down to City Hall and remind you what we want or don't want in Chesapeake.

Make the right thing easy and the wrong thing difficult.

Thank you.

Jennifer Economy, representing South, speaking on data center policy and ordinance, followed by Sarah Kitts.

Good evening, Mayor, Vice Mayor, and Council members.

Jennifer Economy, 2708 Cedarville Road.

I remain concerned about the proposed data center policy and ordinance that is currently under consideration.

I question the recent surge in hyperscale data centers nationwide because of their significant impacts on land infrastructure, power, and surrounding communities, and who knows what purpose they ultimately serve.

I appreciate the efforts of Planning Commission who strengthened the ordinance by increasing setbacks and lowering allowable noise levels.

However, do those changes go far enough to protect Chesapeake citizens and rural communities.

In May, I spoke at City Council and asked for a ban or moratorium on data center development while the city fully evaluated the potential impacts.

Yet only last week did we citizens learn at Planning Commission that such an action is not possible under Virginia's Dillon rule.

If so, then it becomes even more important that this ordinance contains the strongest protections possible before any projects move forward.

It was also learned that Virginia's Dillon rule limits the city's ability to require decommissioning bonds for data centers.

What happens when they become obsolete?

Will Council commit to adding these bonds to its legislative agenda for the General Assembly?

I'm also concerned about transparency.

We have been told repeatedly that there are no formal data center applications on file at this time, but other localities are learning that this type of planning occurs long before any formal applications are filed.

Would FOIA request for staff calendars, meeting notes, and communications show otherwise?

What authority do you have to place on any upcoming applications on to place any upcoming applications on hold?

As a resident in Southern Chesapeake, I would like to ask if Fentris Overlay District can be removed from consideration for large or hyperscale data center development.

Or can City Council initiate a zoning ordinance amendment that removes data centers as a permitted use from certain districts.

Other considerations for strengthening both the policy and ordinance include taking into account the cumulative impact that multiple facilities can have, expanding the half-mile public notification requirements, providing stronger protections for citizens and rural communities by increasing the setbacks and including well protections for impacted well owners due to possible aquifer strain, construction impacts, and runoff, which occurs even when data centers are required to use municipal water.

In closing, please remember that private property rights belong not only to the developer, but also to the surrounding communities.

When the impacts of large-scale projects cross property lines through noise, view sheds, infrastructure demands, and environmental effects, the rights of local property owners must be given equal consideration.

Why weren't more citizens on the stakeholder committee?

Those who bear the long-term consequences deserve the same protection as those who seek to profit.

And speaking of committees, I hope the agritourism committee is still under consideration.

Thank you.

Sarah Kidd speaking on LS GreenLink, followed by Jeff Staples.

Good evening.

I am speaking to you today about the risks this council is taking with LS Greenlink, and I ask you to sever your relationship with them and turn away from offshore wind.

LS GreenLink is an untested foreign cable company.

Located in South Korea, they are subject to supply chain instability and tariffs.

We have cable production companies here in the United States, like Philotron and Essex Brunel.

Yet this council greenlit a company that ostensibly only hires, excuse me, Koreans.

You assisted them with Department of Transportation filings in May, and you approved a $700 million facility.

Where was the $700 million for local Chesapeake companies or litter cleanup?

Chess Bay Gun went out of business two weeks ago.

In a time when we need local gun stores to defend the Second Amendment more than ever.

LS GreenLake is only hiring for one position in Chesapeake, and I have provided this to you.

$700 million for one job, and that single job is an accounting analyst.

Their website admits they are only in Chesapeake temporarily.

Their quote, temporary office is on Bel Air Avenue.

Their jobs also require proficiency in Korean because they are completely offshore.

This raises serious civil rights act questions and whether Americans can be hired for these jobs at all.

Today, Massachusetts saw its largest excuse me, dolphin stranding in history.

Over 120 dolphins, 15 miles from Vineyard Wind.

Dominion Wind has been repeatedly sued by the Trump administration for its lack of compliance with the law.

All of these spell a very difficult time ahead for Coastal Virginia Oxford Wind.

The Trump administration is favoring nuclear power with five in the pipeline.

I ask that you look into this energy source instead, or canneries or oyster shell fertilizers or orchards, or all of the above, and terminate the contract with LS GreenLink.

The Chesapeake Accelerator does not respond to emails.

I have contacted them to ask about a large-scale 3D printer, and they never contacted me back.

So if we're looking at why business is slowing down, we need to look at our local resources and why they're failing.

I'm happy to discuss this further, and uh thank you for your time.

Jeff Staples speaking on the Williams Farm designation, followed by Mike Hoffman.

Hi, good evening, Jeff Staples, 1453 Boxwood Drive in the Deep Creek part of our city.

Um considering the Frank T.

Williams tract, also known as the Coastal Virginia Commerce Park, I hope that you will come to this change to change the zoning for this area as soon as possible.

Um when I was at the uh planning commission meeting, one of the pro data center speakers was also arguing that they should have the ability to generate their own electricity.

Studying the industry as I have, I have noticed that the most common way this happens is by installing fract natural gas turbines.

This leads to really toxic air pollution, which would also settle into the swamp.

Um this area also should not be for data center.

The lighting, the continuous noise, the pollution, both air and water, all will contaminate the area, affecting the health of wildlife and the purpose of the adjoining federal and state wildlife areas.

Uh this is a very sensitive ecosystem and should be protected.

And just another note too the town of Warrington has held a rewritten zoning change on data centers that in a that um has been in effect now for 17 months.

No challenge from the state has been heard.

Um it is now expanded to many other towns and cities.

One that's next door to us and the other ones next door to them, Luray, and there's several more as well.

Thank you.

Mike Hoffman, representing sales speaking on data center policy and ordinance, followed by Tony Melough.

Good evening, Mr.

Mayor, um City Council, uh appreciate the opportunity to speak tonight.

And uh I'll uh tell you in advance I'm not well prepared to give a big speech.

Uh uh came here really to just to listen to the working session about data centers, but I felt important to uh make a few comments with the opportunity tonight.

So first I wanted to say I appreciate the work that the city staff and the planning commission has done to eliminate buyright data center uh and establish meaningful protections.

That's really important work.

Um, and I urge the city council to retain the planning commission's unanimously recommended setbacks, noise standards, and other recommendation.

These recommendations are solid and they took months of public input and uh compelling evidence.

I also asked the council to ensure that the ordinance is applied consistently throughout the city.

And so Jeff mentioned the coastal Virginia Commerce Park, and I heard a lot of talk uh this evening about the difficulty uh with the PUD in place and making that happen, but I urge you to figure that out because it's really important that as you uh go forward with a policy and a new ordinance that it's consistent.

So as you're regulating any data set in in the city, no matter where it's located, uh, that regulation should be consistent.

Um also I ask you to reconsider removing fentrusts, just more studies needed there, more time is needed, and then I 100% agree uh with um uh the the council uh uh statement earlier um uh and the decision to um put an ordinance in place but take more time with the policy.

The policy needs more time and more work.

Um I ask you to consider the cumulative impact.

One data center might be beneficial and not have a huge impact, but consider if there's five, ten, fifteen, or even twenty built.

Um I'm running out of time, so I'll go quickly.

Um consider transparency and annual reporting and accountability if they are built.

Uh consider a few additional revisions that uh the Chesapeake Environmental Improvement Council and the Chesapeake Sustainability Network have or will put in front of you in some letters.

Um then I will just you know say um take a look at the policy itself and the philosophy of the policy and make sure it matches the comp vision that y'all put in place as I read the policy in the first few paragraphs uh talk about data centers playing a s strategic role in the city's economic development, can stimulate economic benefits and can contribute to economic growth.

So make sure that that policy stays neutral and balances economic growth with the needs of the citizen and protections of the environment and the citizens of the city.

So I will just close with one last thing and say if the restrictions that the commissioners voted on unanimously are reasonable, and I believe they are, and the what was stated by planning this evening is those really do restrict data centers anywhere.

Thank you.

You have to ask yourself how I'm wrapping up.

Is this particular land use in the best interest of the city of Chesapeake at all?

Thank you.

Thank you.

Tony Malfey speaking on court corruption, followed by Hayden Malfey.

Good evening.

I wish it would I'm loud.

I wish it was under better circumstances.

I come here tonight to inform the city council of the corruption that's happening in your court in your court systems.

The city courts of Chesapeake are a complete nightmare, and they break every law there is, and they are they completely ignore the United States Constitution.

The Chesapeake court system has no respect for people's rights and shows blatant disregard for them on a constant basis.

They seem to have forgotten, as many people in power do, that they are here to serve the people, not rule over them.

They are public servants, and they only have power because we allow them to.

Without a just court system, we cannot have law and order.

Because if the people that are supposed to be enforcing the laws are the ones breaking the law, then chaos will ensue every time, and good people will now become criminals.

I had a I had a clean record my entire life until about two years ago when I started this custody battle.

Now it's full of show causes, and I have just served two days in jail for violation of unconstitutional orders.

Um the worst part is that it's not just one judge, it's the entire court system.

The judges conspire with internees and guardian lightums, and then they bring therapists in to push their narratives, and they're all running unchecked, all while working together to get the outcome that they want and push the narrative that they see fit.

This is not justice in any way.

There is no good that comes from public servants trying to impose their will as dictators over the people.

They are not supposed to operate this way unchecked.

But the checks and balances in place are other judges or other bar members.

And once you file a complaint, you never hear from them again.

No hearing, no nothing.

Just their just the decision of their peers' actions.

So nothing ever happens.

Title 18, United States Code, Section 242.

Whoever under the color of any law, statute, ordinance, regulation, or cut or custom will willfully subject any person in any state, territory, commonwealth possession, or district to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States shall be fined under this title or imprisoned for no less than one year, or and or up to life in prison or death sentence.

Persons acting under the color of law within the meaning of the statute include police officers, prison guards, and other law enforcement officials, as well as judges, care providers and public health facilities and others who are acting public officials.

Section 241 states that it makes it unlawful to for two or more persons to agree to injure or threaten or intimidate in the free exercise enjoyment of any right or privilege, which means conspiracy with two or more people.

You got judges, guardian lightums, attorneys, therapists, CASA, all working together to push their narrative with no fact-based evidence to port their claims.

It's just their opinions.

These people are not being held to their oaths of office, not being held to the general standards that judges and officers of the court are supposed to be held to.

They're supposed to support and uphold the Constitution, protect our rights, not ignore and deny them.

They are supposed to uphold Supreme Court rulings, not ignore them and rule however they please.

By this city's court system not being held accountable and being left being left to run unchecked.

My kids are now subjected to extreme harm, abuse, and neglect.

Their lives have been turned completely upside down and ruined in every aspect.

I would be happy to continue this with continue speaking with this to anybody on the city council more in detail and the sheriff as well, because this is a major problem.

There are felonies being committed in this court in these courtrooms.

Felonies.

Hayden Malfey, representing sales, speaking on court corruption.

Good evening.

Members of the city council.

My name is Hayden, and I'm here because I feel my voice has been overlooked.

I know I'm only 14, but I've experienced Israel.

And I hope you'll take a moment to listen.

Over the past two years, my life has changed in ways I never imagined.

I've struggled emotionally.

I've been separated from my dad.

I've felt like the adults making decisions about my life haven't truly listened to what I have to say.

It feels like my opinions, my feelings, and my rights as a child have been pushed aside.

My sister and I have tried over and over to explain what we've been going through going through.

But it often feels like our concerns are being pushed to the side.

The decisions being made affect every part of my daily life.

And it's hard, and it's hard because I don't agree with what is happening.

Because my mother is abusive and it is not okay.

We have thoughts, experiences, and emotions that matter.

Listening to us doesn't mean we'll always get what we want.

But it doesn't mean we are treated with the dignity, but it does mean we are treated with the dignity every person deserves.

I hope that moving forward, our community continues to look for better ways to make sure children and families are genuinely heard during difficult situations.

My mother is abusive, and the things I've experienced have caused me a lot of pain, fear, and trauma.

I have been hospitalized for self-harm because of the stress and emotional pain I was carrying.

And I have also had to deal with constant yelling, emotional manipulation, threats, and feeling unsafe in my own home.

My mother pulled me from my softball team and pulled my sisters from their sports.

Softball wasn't just a game to me.

It was something that gave me happiness, confidence, and an escape from everything happening at home.

Losing that hurt me deeply.

Watching my sisters lose these activities they loved hurt me too.

Because none of us deserved that.

In September of 2025, I was injured during it during an incident with my mother.

And I had to wear a knee brace for six months and attended physical therapy.

That experience affected me physically, but it also affected me emotionally.

I've carried fear with me for a long time, and it has changed the way I see my own home in my own future.

Throughout all of this, I have tried to speak up.

My family has tried to speak up, my sisters have tried.

We have tried to explain that what has happened in the past two years, how these experiences have affected us, but it has it feels like our voices are ignored.

When a child says they're hurting, I believe they deserve to be listened to.

When a family raises concerns, they just all right.

Thank you for my time.

Thank you.

That concludes the speakers.

Thank you, sir.

Next is unfinished business.

Uh did we have any unfinished business items from council members?

Uh Mr.

Whittaker.

Thank you, Mr.

Mayor.

Um, several times in the going back probably two years, I've requested um uh the city and staff to take a look at uh Seaboard Avenue and uh Mr.

Manager, if you'd be so kind, could you please bring to council a timeline of when repairs can be done?

Thank you.

Yes, sir, and one one um additional piece of information if you recall the uh previous work session uh about a month ago, council took action to direct us um away from the life for like replacement policy um to uh utilizing an asphalt material on roads in in particular, which will be significant cost savings for projects like that.

So Seaboard Avenue and many other projects we can accelerate uh because of that choice of of city council, but yes, we will get to that timeline.

Okay, thank you.

Thank you.

Vice uh Mayor Ritter.

Thank you.

Um this is a quixotic episode, I think.

Um I know we've tried and tried to find some solutions for the traffic problems at the Deep Creek Bridge.

And I wonder if somebody might take a fresh look at that.

Um my own personal opinion, probably 70% of the issues are poor driving and people who ignore the laws.

But there's 30 percent, you know, but those 70 percent affect the everybody.

So I know that we can't staff that continuously with the police officer.

The latest complaint seems to be about blocking the intersection.

And I know signage may or may not work, but in the new state legislation, and they talk about um recording people going through stop signs, et cetera.

Can we see if that legislation may cover putting some kind of enforcement camera there?

Um I know there are questions about cameras and privacy.

Um, and I think that we have no better witness here than Councilmember Jeffreys, in that these cameras are not a quest for money.

These cameras are to help people be punished for breaking the law.

I mean, if you go through a red light, that's illegal.

If you run through a stop sign, that's illegal.

The flock cameras have enabled law enforcement to catch criminals, to recover stolen cars, yes.

And in some cases, locate elderly family members who have left their house and can't be found.

So whatever someone's opinion may be, there is a value to these.

And if they can help, if there's anything we can do to help at the Deep Creek Bridge, um, not only does Councilmember Jeffrey's professional life revolve around that, but his personal life does too, because he is affected, Dr.

Ward is affected.

She travels that way quite a bit.

So if there's anything we can do, it would be a big help.

And I'm gonna bring the other thing up.

It's gonna have to be new business, Ms.

Connor.

Thank you.

Dr.

Ward.

Oh, thank you, um, Mr.

Mayor, and thank you, and Vice Mayor Ritter for bringing that up because uh it is a very, very scary impact.

I mean, even going to church Sunday morning, we were it was not realizing that the street had changed and the lane that was going uh in that direction now that was closed.

It's it's pretty scary.

Um, and I know it takes time, but we really do need a little help out there when they keep changing and you're not aware of the change.

And um, well, anyway, that deep bridge is really um it's is frightening.

And I'm hoping that we can do something to give it an accident because it was almost a head-on collision on s early Sunday morning because the lane changed, and it was difficult to know which lane you're supposed to be in to make that left turn.

I appreciate that.

Um another thing when it comes to um safety, and I know and I would do want to thank um Mr.

Errol Sorry for uh listening to me in the past about the turn off of military highway in 264.

Um and we and I do appreciate the turn lane now.

That is a tremendous help.

Uh I appreciate the lights.

Um, and that was a tremendous help, even though now the trees are so tall and the uh foliage is so thick that you can't see the light at night.

The other thing is that asphalt that I've talked about it for a few years, and we patched it, patched it, but it's in worse shape now than it has been in quite a few years.

That break off of the of the pavement from the road when you're making that right turn, and probably because of the large trucks, a lot of the 18-wheelers are there, but that drop is a sharp um drop off almost like 12 inches.

And if you try to make that turn at night and can't see the light, it could ruin a car and the axle and everything, and of course that so if we can look at that, uh Mr.

Manager, is it I'm not sure if it's Chesapeake or if it's the state, but the turn off military highway um is really hazardous because it and it just gets deeper and deeper, it seems to me by the day or the week, unless somebody fixes it, it can be a real tragic situation there.

Um, you know, going toward the 664 for military highway.

The turn lane does help, but that it's been the asphalt is broken.

And it's about a 12-inch breakage, and it gets wider and wider day by day.

I appreciate if you could look at that again and yeah, try to help.

But thank you so much for all that has been done in the past.

That turn lane really has helped.

But I don't want anybody in a car to hit that that breakage in that cement, it's going to be disastrous.

Thank you.

Appreciate it.

Thank you, Dr.

Ward.

Next is uh new business.

Any council member new business.

Councilman Newens.

Thank you, Mr.

Mayor.

Two things.

The first thing, Mr.

Manager, we've had discussions in the past over the pursuits that our police department has in our city.

And obviously there are danger to everyone involved, the officer, our community, and it's a danger.

I think that's put upon our community and the officers by the assailant, the person who's fleeing.

There seems to be some new equipment on the horizon.

It's can we have some information or some research maybe presented to us in a work session or in our upcoming retreat?

I was like, what is the word I'm looking for here?

Or retreat that we've talked so much about already this week on any kind of upcoming or new and innovative equipment that may exist that we can be on the lookout for for future budgeting needs.

The second thing, obviously, we've talked about this a lot is the data centers.

There are new and rapidly expanding land use within our community.

They have potential significant long-term impacts in our community, and I think it's important that when we look at the pending ordinance and policy that's coming before us, that we pause and take a moment to establish some clear protections for the development and operation of data centers.

So I would ask that a resolution be placed on next week's agenda with the following.

The first that staff remove the comprehensive plan policy from our August agenda and conduct additional research and community input.

As part of this effort, I would request that staff hold publicly advertised community input sessions to ensure residents have a meaningful opportunity to participate in shaping this policy.

Second part of this resolution is to continue with the ordinance to go before council in the August meeting.

But the ordinance for consideration will only include language eliminating buy right data centers and closing that loop.

No additional expansion to other areas at this time until we f in uh get further input from the community.

Um then the third thing is while this is all under development, it's going to take away any kind of framework that we have in looking at any land use applications.

So that resolution should also include a next week's agenda that the city will not take any action related to any data center applications until the comprehensive plan policy has been finalized and adopted by council.

This will place a hold on all applications and it should be no limited, no more than limited to eight months, which the attorney and I talked about is legally sound as it relates to the time frame.

Um so it could come back before council either when the policy is prepared to be voted on or eight months, whichever is sooner.

Um correct me if I'm wrong, Madam Attorney, on the on the timeline there.

I think it's important that we take a deliberate, transparent, and measured approach now when we're looking at data centers regarding any future decisions that are going to reflect the desire of our community and protect our long-term character resources and the quality of life in our city.

Could I make one uh suggestion that we um on on the place the hold for eight months while we um consider um additional public input um that the language be changed to discretion up we're putting a hold on discretionary land use applications?

So, for example, as I mentioned at the work session, if a buy right application came in on Coastal Virginia Commerce Park, for example, we don't have the ability to put a hold on those applications.

So I think the language in your resolution is sort of spot on from the strategy we talked about at the resolution, but I just want to be clear that that's discretionary land use applications.

I think that's fair because I can't change the PUD criteria through what we're doing here with making it by right to conditional use.

So um anything that would come through with a conditional use permit required would be placed on hold.

Sit the staff will not process will not come before council until we have a policy.

Any rezoning, correct?

Anything relating to a data center will be put on hold for eight months or until we have a policy back before council, whichever is sooner.

Thank you.

Uh Councilman Vaughn.

Thank you, Mayor.

Well, it's just a quick announcement.

Just want to um congratulate Dr.

Doug Brewbaker.

He was hired last night as a new superintendent at Tesby Public Schools.

Um very impressive resume.

And also want to commend our school board because that's uh I went through two um superintendent searches in my tenure on the school board, and it's not an easy job, but I think they did a really good job.

Congratulations, school board.

Did oh, thank you.

Uh Vice Mayor Ritter.

Thank you.

Um I'm not sure exactly how this happened, but at the last council meeting, um, the mayor had requested uh the an agritourism ad hoc committee be formed to take a look at I can't remember the exact words, but um take a look at how we can support agri-tourism in the city, whether that's by policy or by any necessary code changes.

So um I would like to ask, please, that the I it was supposed to be on the agenda for tonight.

I don't know what happened to it.

Um, but anyway, like to request that it go on the agenda for the last meeting of the month.

And I I don't care what we call it.

Apparently, there were some questions from people about what's an ad hoc committee.

Um, it's a you call it anything you want.

It's a temporary committee, it's not like a board and commission that is created by a city code.

Um, you can call it a task force, we can call it the mayor's task force, you can call it vice mayor's task force.

Um we can call it whatever we want.

But I think this is a way to help demonstrate to the people in the city that the council as a whole is supportive of agriculture of land preservation, and of doing what we can to encourage more attention on agriculture.

So if any council member has a suggestion of someone they would like to see on the list, I have a list in my own head about who should be on there, particularly staff people.

Um that and I would like if he's willing to ask our council member with the best tourism experience, Mr.

Bunn, if he would help out with this committee.

Um, as he knows that most people know him a little bit physically constrained for a while, and knowing I can help rely on Mr.

Bum would be a big help for me.

Um interrupt, but just to be clear, we we can't appoint uh staff members if the manager would like.

Well, I I'll give him a list.

I don't he probably won't be unsupportive.

But it is a way to um get going.

We have a number of city staff people that are very attuned to the agriculture industry.

Um we have the master gardeners.

Um I'd like to hear their ideas about how we keep this going.

We also have people very involved in agro tourism.

Um, the Lily Farm in Western Branch, um, are they very involved.

You know, they're the Hickory Ridge Farm, the dwelling farms.

Um there are people who are involved who want to expand what they're doing.

So I hope the council will agree that this will be of some value.

And um, if there's anyone you're interested in having joined, um please let me know.

Thank you.

Thank you.

Looks like all of our uh new business items.

We do have a closed session, and City Attorney Ledley, would you please provide the language?

A motion to uh pardon me, a motion to conduct a closed meeting to discuss the acquisition and conveyance of certain real properties located in the Great Bridge Planning Area and staff's recommendations for the open space and agricultural preservation program, also referred to as OSAP.

Where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body as permitted by section 2.2-3711 A3 of the Code of Virginia.

Thank you.

Motion please move approval.

Thank you, Dr.

Ward, thank you.

Council member, I mean, Vice Mayor Ritter, please prepare to vote.

Please vote.

And record.

Motion to conduct a closed meeting is adopted by a 9-0 vote.

It is 749.

Council will go in the closed meeting at this time.

Attorney Lindley, would you please provide the language for the certification of closed meeting?

A motion to certify that to the best of each member's knowledge.

Only public business matters lawfully exempted from open meeting requirements for discussed, and only such public business matters as were identified in the motion convening the closed meeting were heard discussed or considered.

Uh that's why that's more than two I think.

Well it's not really useful for it.

It doesn't make sense to do it.

Yeah.

Well what's the problem?

Well, it's good.

So I don't have to have a better way.

So I'll probably post the same thing.

I would go to the property.

Oh, that's the work that I would like to do.

That's really how people do that for a while.