The URL can be used to link to this page

Home My WebLink AboutSEPTEMBER 9, 2025 SPECIAL FORMAL SESSION MINUTES iNIA'BF,gC a so s� tr DUR NAt VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia SEPTEMBER 9, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL SPECIAL FORMAL SESSION in the City Council Conference Room, Tuesday, September 9, 2025, at 2:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Jennifer Rouse, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr. Amelia N. Ross-Hammond—Ill G1N�'BEAc -- Cityof Virginia Beach r OF OUR NWO Dr.Amelia N. Ross-Hammond Virg iniaBeach.gov District 4 MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)840-0735 AROSSHAMMONDna VBGOV.COM September 8, 2025 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be unable to attend the City Council meeting on Tuesday, September 9, 2025. Sincerely, Dr. Amelia Ross-Hammond Council Member- District 4 Cc: City Clerk City Attorney City Manager FOIA Officer 2 MAYOR'S CALL FOR SPECIAL SESSION ITEM#77508 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,September 9, 2025, at 2:00 P.M. City Council Conference Room 2034 Building 1, City Hall, 2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to conduct a PUBLIC HEARING and CITY COUNCIL COMMENTS/DISCUSSION as listed in the attached and published agenda. At the conclusion of the public briefing and City Council comments/discussion, City Council will convene into a Closed Session where the following matters will be considered: • Publicly Held Property—District 2;District 4,District 5 • Public Contract—MOCA RFP • Personnel Matters — Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies, Task Forces and Appointees Performance of Council Appointees (Boards, Commissions and/or Committees) At the conclusion of the Closed Session, the City Council will reconvene into Open Session for the purpose of certifying the Closed Session. This Special Formal Session will be broadcast on Cable TV, virginiabeach.gov and Facebook Live. Sincerely, Robert M. Dyer Mayor" cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office September 9, 2025 Cityof Virginia Beach U t �0"_ IUR RA"', VirginiaBeach.gov MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE Robert M."Bobby" Dyer VIRGINIA BEACH,VA23456-9000 MAYOR OFFICE:(757)385-4581 CELL:(757)407-5105 BDYERnVBGOV.COM September 4, 2025 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL: Tuesday, September 9, 2025, at 2:00 P.M. City Council Conference Room 2034 Building 1 — 2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to conduct a PUBLIC HEARING and CITY COUNCIL COMMENTS / DISCUSSION as listed in the attached and published agenda. At the conclusion of the public briefing and City Council comments/discussion, City Council will convene into a Closed Session where the following matters will be considered: • Publicly Held Property — District 2; District 4; District 5 • Public Contract— MOCA RFP • Personnel Matters —Council Appointments: Council Boards, Commissions, Committees, Authorities, Agencies, Taskforces and Appointees Performance of Council Appointees (Boards, Commissions and/or Committees) At the Conclusion of the Closed Session, the City Council will reconvene into Open Session for the purpose of certifying the Closed Session. The Special Formal Session will be broadcast on the Cable TV, virginiabeach.gov and Facebook Live. Sincerely, � Robert M. Dyer Mayor Enclosure cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 3 CITY COUNCILS BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY(SPSA) USE&S UPPOR T A GREEMENT UPDATE ITEM#77509 2:02 P.M. Mayor Dyer welcomed Tom Leahy, Chair. Mr. Leahy expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Leahy for the presentation. September 9, 2025 1 Southeastern BOOM, SP Public WASTE SOLUTIONS Authority SA VIRGINIA Virginia Beach City Council Briefing ' g Y g Thomas Leahy, Chairman Dennis Bagley, Executive Director HABITAT WILDLIFE September 9, 2025 E3 Southeastern Public Service Authority ( SPSA ) Mission : To provide efficient and environmentally sound solid waste disposal services for its member communities Created five decades ago ( 1976) by its member localities pursuant to the Virginia Water and Waste Authorities Act Governed by state and federal law/regulation, and by "Use and Support Agreements " between SPSA and the member localities The Use and Support Agreements are the fundamental documents (i.e., the rule book) defining the respective duties and responsibilities of SPSA and its member localities Current Use and Support Agreements BONN, good SPSA entered into identical Use and Support Agreements with all eight member localities, effective January 25, 2018 The initial term of these Agreements ends on June 30, 2027 Each Agreement will renew for ten additional years (June 30, 2037) unless the respective member locality provides SPSA written notice to the contrary by December 31 , 2025 SPSA and its member localities have partnered to provide reliable, efficient, and quality solid waste disposal service to our region for forty years The current Use and Support Agreements have served SPSA and its member localities well and without incident The Regional Landfill Dom The Regional Landfill was established in the early 1980 ' s in wetlands that are hydrologically connected to the Great Dismal Swamp Wildlife Refuge After a lengthy, arduous, and costly regulatory process, SPSA recently obtained the state and federal permits for a FINAL build-out of the Regional Landfill Two critical lessons learned from this protracted and grueling gauntlet were: 1 ) there will be no more additional capacity beyond the final build-out at the Regional Landfill, and 2) any new landfill capacity - if even available - will have extremely high environmental, financial, and political costs IMPORTANT: At current disposal rates, the landfill has a build -out capacity that will last no longer than 2060 What Happens After 2060 ? After 2060, waste would have to be hauled to private landfills outside of the SPSA service area Transportation is a major cost center in solid waste disposal Projected disposal cost after the Regional Landfill reaches capacity would exceed $ 125/ton (in present-day dollars) , compared to today' s costs of $67/ton The planning, engineering, property acquisition, permitting, and lawsuits associated with a new, major landfill is a multi- decade undertaking with an uncertain outcome A region without an assured solid waste disposal solution is similar to a region without an assured water supply To Provide Assured Regional Landfill Capacity for SPSA Member Localities • ,,,r Beyond 2060 , We - Must Reduce the Volume of Waste Being Disposed of at the Landfill How Do We Reduce The Volume of Waste Requiring Disposal ? voila In February 2024, SPSA issued a Request for Proposals to provide an Alternative Waste Disposal mechanism SPSA is finalizing negotiations with Commonwealth Sortation to provide a mixed waste sorting facility using Al and robotics to remove recyclables and organics 20% of the waste would be recycled 30% of the waste (the organics) would be processed by pyrolysis creating Biochar which has many beneficial uses Current blue-can systems only recycle about 6-7% of the waste Alternative Waste Disposal would divert 50% of SPSA's waste from the Regional Landfill and extend landfill capacity through 2095 Other Benefits Commonwealth Sortation would invest approximately $200 million in new processing facilities in the region Recycling rate would be contractually guaranteed at 20% After 3 years, landfill diversion rates would increase to a guaranteed minimum of 50% All eight member communities would receive the same services at the same cost The region would secure assured solid waste disposal capacity to nearly the end of the century Commonwealth Sortation can't be expected to commit $200 million for facilities with a 25-yr life without a corresponding commitment from SPSA and its member localities Next Steps ( I of 2 ) SPSA is asking its member localities to execute an amendment to the Use and Support Agreement that would renew the agreements for 25 years (until June 30, 2052) instead of 10 years The amendment would be effective only if all four of the following actions occur: At least seventy-five percent of SPSA Board members authorize identical amendments to all member locality agreements At least seventy-five percent of SPSA member localities execute the amendment At least seventy-five percent of SPSA Board members authorize a contract with Commonwealth Sortation Both SPSA and Commonwealth Sortation execute the contract Next Steps ( 2 of 2 ) blow After the Use and Support Agreement Amendments are executed, the SPSA Board would vote on whether to approve and execute a contract with Commonwealth Sortation and specify the AWD facilities as a " Designated Disposal Mechanism " under SPSA ' s Standard Operating Procedures (SOP) A super majority consisting of 12 of the 16 SPSA Board Members is required to approve the contract and the modifications to the SOP There would be a phased "ramp up" of processing capabilities through 2028. e 4 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#77510 2:36 P.M. Council Member Berlucchi advised he will host a District 3 Neighborhood Safety and Self-Defense Workshop in partnership with Sheriff Rocky Holcomb and professionals from the Virginia Beach Sheriff s Office. Council Member Berlucchi advised this will be open and free for all citizens in any District to receive information on neighborhood awareness and sefdefense. Council Member Berlucchi expressed his appreciation to the Sheriff Holcomb for his support and will provide additional details on social media. September 9, 2025 5 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#77511 (Continued) Council Member Schulman advised he will host a District 9 Town Hall on September 22d,from 6:00-8:00 P.M., at Princess Anne High School, where the City Attorneys Office will provide a presentation on the Referendum regarding the election system and answer any questions citizens may have. September 9, 2025 6 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#77512 (Continued) Council Member Schulman referenced a letter from the Resort Advisory Commission regarding their support of the City Council Ordinance adopted the Resolution, "Requesting Oceanfront Retailers Voluntarily Remove Indecent and/or Vulgar T- Shirts and Displays from Storefronts" and asked City Manager Duhaney if there was an update. City Manager Duhaney advised staff is meeting with retailer tenants and operators today to ask them to comply with the Resolution and then staff will follow-up with the retail owners. September 9, 2025 7 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#77513 (Continued) Council Member Jackson-Green advised Genuine Care celebrated their second year in business recently and held their event at the Sheraton Hotel in Norfolk where he and Council Member Ross-Hammond attended. Council Member Jackson-Green advised it is a non-emergency medical transport company and expressed his pride in seeing how they have grown from starting with one truck and acknowledged how hard it can be to start a business. Council Member Jackson-Green advised he wants small business owners to know the City cares about their success. September 9, 2025 8 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#77514 (Continued) Council Member Remick advised Pastor Jason Knight from Mount Olive Baptist Church, celebrated the grand opening of their new building located on Birdneek Road, where it was originally started in 1892 and is the mother church of the church in Seatack. September 9, 2025 9 CITY COU'VCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#77515 (Continued) Mayor Dyer advised he attended the WaterJAM Annual Convention this morning to provide remarks to approximately 2,000 water engineers who were attendingfrom all over the East Coast. Mayor Dyer advised they are doing amazing work and provided an example of how they are purifying waste water to use for watering golf courses and other practical applications. Mayor Dyer advised he shared three (3)points related to the City' water conservation work;the annual drawing contest for 3'graders to draw a picture about water conservation with the winners drawings included in the City calendar, the Bow Creek Stormwater Park project and the most popular among the audience, was Woodstock Park, where Hampton Roads Sanitation District (HRSD) built a 5.2-Million gallon water retention pond with a skateboard park on top. Mayor Dyer expressed his pride in the City staff who are working with the engineers to make such great strides in water conservation. September 9, 2025 10 ITEM#77516 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 2 • District 4 • District 5 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(29) • MOCA RFP PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion,performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body pursuant to Section 2.2-3711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Evaluation and performance of appointed members of Boards, Commissions and/or Committees September 9, 2025 11 ITEM#77516 (Continued) Upon motion by Council Member Berlucchi, seconded by Council Member Jackson-Green, City Council voted to proceed into CLOSED SESSION at 2:45 P.M. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr. Amelia Ross-Hammond Break 2:45 P.M. —2:55 P.M. Closed Session 2:55 P.M. —5:31 P.M. September 9, 2025 12 CERTIFICATION ITEM#77517 Mayor Dyer RECONVENED the Special Formal Session in the City Council Conference Room at 5:31 P.M. Upon motion by Council Member Schulman, seconded by Council Member Jackson-Green, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M.Dyer,David Hutcheson, Cal "Cash"Jackson-Green, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Barbara M. Henley—Left the meeting at 5:30 P.M. Dr. Amelia Ross-Hammond September 9, 2025 G�N�"B�c ,`4 yLp 04 `i t 0 3 O, OUR "A"O�S RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#77516 on Page I and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ,MN�) Aman Barnes,MMC City Clerk September 9, 2025 13 ADJOURNMENT ITEM#77518 Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSIONADJOURNED at 5:32 P.M. Chief Deputy City Clerk A da Barnes Robert M. Dyer City Clerk, MMC Mayor City of Virginia Beach Virginia September 9, 2025