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Home My WebLink AboutAPRIL 19, 2022 FORMAL SESSION MINUTES 1Nr- cst r f" "7 <.• --' •! mks 4dBZSz6G VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 19, 2022 Vice Mayor Rosemary Wilson called to order the CITY COUNCIL MEETING in the City Council Chamber, City Hall, on Tuesday, April 19, 2022, at 1:00 P.M Vice Mayor Wilson advised Mayor Dyer was running late as he was attending a funeral. Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb,Louis R.Jones,John D.Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer—Arrived at 1:57 P.M Aaron R. Rouse—Attending previously scheduled award ceremony c01.A-/34 .1\ c.l,,. -- z �Y y Ci of Virg inia Beach a� s 0�99�5 9,;` �f OUR NAN'�Y 4 `� VBgov.com N COUONCIL MEMBER March 22, 2022 CELL PHONE:(757) �holcomb@'vbgov 343 gov.corn DISTRICT 2-KEMPSVILLE In Reply Refer to 0075507 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Councils vote on the operating and capital budgets for FY22-23. - 2. In addition to the City of Virginia Beach, the budget will provide funding to other entities, including the Virginia Beach Sheriffs Office, other constitutional offices. and Virginia Beach City Public Schools. I am employed by the Virginia Beach Sheriffs Office (VBSO). and I therefore have a personal interest in the VBSO. 3. I am a member of a group—employees of VBSO—and 1 am able to participate in the Council's consideration of the operating and capital budgets fairly,objectively. and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, 27D /-1 N.D. Rocky Holcomb Councilmember NDH/RRI 2401 COURTHOUSE DRIVE.SUITE 281,VIRGINIA BEACH,VA 23456 ay City c f Vii irnia Beach L� BUR NAT�,� VBgov.corn JOHN MOSS March 22, 2022 PHONE (757) 363-7745 COUNCILMAN AT-LARGE JDMOSS 4 VBGOV COM In Reply Refer to 0075505 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's vote on the operating and capital budgets for FY22-23. 2. In addition to the City of Virginia Beach, the budget will provide funding to other entities, including Virginia Beach City Public Schools(VBCPS)and constitutional offices. My wife is employed by VBCPS, and I therefore have a personal interest in VBCPS. 3. I am a member of a group—employees of VBCPS and their immediate family members—and I am able to participate in the Council's consideration of the operating and capital budgets fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. S. el . 4,0 •hn D. Moss ouncilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH.VIRGINIA 23455 2 CITY MANAGER'S BRIEFINGS HYBRID STEP-OPEN RANGE PAY OPTION ITEM#72704 1:00 P.M. Vice Mayor Wilson welcomed Regina Hilliard, Director—Human Resources. Ms. Hilliard expressed her appreciation to City Council for their continued support: Hybrid Pay Plan April 19, 2022 Here is the Background: Background Prior options discussed • Open pay ranges for all employees ($1.5 million - $20.4 million) • Step pay plan for all employees ($19.3 million minimum — incomplete) Department of Human Resources I Apnl 19.20221 Hybnd Pay Plan 2 April 19, 2022 3 CITY MANAGER'S BRIEFINGS HYBRID STEP-OPEN RANGE PAY OPTION ITEM#72704 (Continued) Here is an overview of the Hybrid Pay Plan Option: Hybrid Pay Plan Option Step Plan • All sworn Public Safety employees • General Pay Plan employees • Administrative Pay Plan employees through pay range Al2 Open Pay Range • Administrative Pay Plan employees Al 3 and above Department of Human Resources j April 19.20221 Hybrid Pay Plan 3 .,421111111 Here are the Commonalities and Differences: Hybrid Pay Plan: Step Pay Plan and Open Pay Range Commonalities Differences ✓55% pay range spread ,(Salaries on step plan must ✓Market increases capped correspond to a step • 5%or 10%non-executive V Market increases may • 5%executive positions exceed 5% or 10% on step plan Department of Human Resources'April 19,2022I Hybnd Pay Plan 4 April 19, 2022 4 CITY MANAGER'S BRIEFINGS HYBRID STEP-OPEN RANGE PAY OPTION ITEM#72704 (Continued) Here are a few of the Hybrid Pay Plan Opportunities: Hybrid Pay Plan: Opportunities • Sense of predictability for public safety • Sense of predictability for many non-public safety • Retention of supervisor pay program for many non-public safety employees Department of Human Resources I Apnl 19.2022I Hybrid Pay Plan 5 Here are a few of the Hybrid Pay Plan Challenges: Hybrid Pay Plan: Challenges • Perception: step plan =guaranteed annual step increase • Perception: step plan pay increases are paramount • Lack of flexibility in providing pay increases on step plan • Supervisor pay program would be discontinued on step plan • Public safety educational incentive not part of base pay Department of Human Resources I April 19.20221 Hybrid Pay Plan 6 April 19, 2022 5 CITY MANAGER'S BRIEFINGS HYBRID STEP-OPEN RANGE PAY OPTION ITEM#72704 (Continued) The next few slides provide implementation details: Hybrid Option Implementation Results • Most employees would receive a pay increase • Close to 58%of employees would receive less than a 5%pay increase • 1,500 employees(approximately 27%of the workforce)could realize less than a$1,000 increase • Close to 800 of these would receive less than$500 • Estimated Cost:$22.3 million Department of Human Resources I Apnl 19,2022I Hybrid Pay Plan 7 Modified Hybrid Option Implementation Provide a general increase of up to 5% • Applies only to employees who would not receive at least a 5% pay increase • Estimated Total Cost: $31 million Department of Human Resources I April 19.20221 Hybrid Pay Plan 8 April 19, 2022 6 CITY MANAGER'S BRIEFINGS HYBRID STEP-OPEN RANGE PAY OPTION ITEM#72704 (Continued) Alternative Implementation Establish goal of 7%pay increase • Implement step pay plan for public safety employees in FY23 • Provide 4°i°general increase for all public safety • Assign to step based on years in title • Retain open pay range for non-public safety employees • Provide only 5%pay range market increases • Provide additional 2%adjustment for those receiving market increase • Provide 7%for those not receiving a market increase • Move non-public safety to step pay plan FY24 Estimated Cost:S3o.6 million Department of Human Resources 1 Apn,19.20221 Hybrid Pay Ran 9 Alternative Implementation Results Step Plan Open Range • Some may receive less than • Every non-public safety 7% employee receives 7% • Some may receive more than • Some employees may not 7% receive full market adjustment • Some employees may receive less than under step plan • Requires funding in FY24 Depart f Human Resources 1 Apn,19.20221 Hybrd Pay Ran 10 April 19, 2022 7 CITY MANAGER'S BRIEFINGS HYBRID STEP-OPEN RANGE PAY OPTION ITEM#72704 (Continued) Here are Additional Considerations: Additional Considerations Public Safety request: Step plan based on overall time with the City Time to implement • May require post July 1, 2022 implementation Department of Human Resources I Apni 19.20221 Hybrid Pay Plan 11 Questions Department of Human Resources I Apnl 19.20221 Hybrid Pay Plan :r- 12 Vice Mayor Wilson expressed her appreciation to Ms. Hilliard for the presentation. April 19, 2022 8 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 1:32 P.M. Vice Mayor Wilson welcomed Carolyn Rye, Chair — School Board, Dr. Aaron Spence, Superintendent, Crystal Pate Chief Financial Officer and Jack Freeman, Chief Operations Officer — Schools. Ms. Rye expressed her appreciation to City Council for their continued support and turned the presentation over to Dr. Spence: la 2.022/23 School Board Operating Budget and 2022/23 --- 2027/2.8 Capital Improvement Iiiir- - ft• Program (CIP) lr6 4-14: .'- - '• - il 1 ' i N, Mrs.Carolyn T.Rye,School Board Chair , - - Dr.Aaron Spence,Superintendent Ms.Crystal Pate,Chief Financial Officer Ms.Melisa Ingram,Executive Director,Office of Facilities Service 4,111K- Face-to-fa • F. 1 if 5da s - Y #VBAlwaystearning" i�6 \ April 19, 2022 9 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) Here is an overview of Division Budget Priorities: ERATING BU( ET: $872.5 MILL N DIVISION BUDGET PRIORITIES • Employee ompensatioin • Emplo ee resrAttmtnt and retention • Lowerin employee heai.hcare costs • Increased ppor l ' our nglish Learner (EL) opulae Fr • CIP planning -it t `Allimii The next few slides provide Achievements: Zt, j •. tI3 t- - April 19, 2022 10 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) R it :- :**ir'- .:fir 4..• -41 4 tit,. 4: I ' A.1/41'--,4! ='.' :;# ,°I , .:.•,,,4._^: ' - •'' , ,A-44 'A'',..' ..,A: -...:4*P" ..e..e".1 li;'V'op' '':-- -----. --- go _ ..;. y] Y �'Y N. lk t• . . : :‘ c,'' ' , .,t;,, k..7 ‘,, , ::, Alt 7\ 1 '70*::,:‘,.:'t 4 - • _ .......4itai: " - HIGHEST GRAD RATE ON RECORD! IRGINIA BEACH CITY PUBLIC SCHOOL OUR SUCCESSES WINDSOR OAKS ELEMENTARY' SC HO(M 1 6 April 19, 2022 11 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) OUR SUCCESSES 1 4till i ,,1'- � � :� , .Q� $ i 4r-. -;,3, . 1\ , , . . ...... .....,. ,„ . _ ‘, .,-,.... i :_ __„.gairk.v., -:-:-* • 4,- , Dr. Spence turned the presentation over to Ms. Pate. CAPITAL IMPROVEMENT NEEDS . -- ,f • Ilk , , : _ -:„.„..,.„ . ,,,. ,,...4„,...„_ 4, ,,,,.. rr 4. V I R G I N I A BEACH CITY PUBLIC SCHOOLS April 19, 2022 12 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) A WORLD-CLASS EDUCATION • ,(4144ii This slide provides a breakdown of the Total FY 2022/23 School Board Operating Budget—All Funds: Total FY 2022/23 School Board Operating Budget - All Funds Other Funds $52,939,301.00 Categorical Grants 4.8% $1,095,914,066 $166,137,948.00 TOTAL 15.2% Green Run Collegiate $4,383,929.00 0.4% Iu School Operating j - $872,472.888.00 79.6% April 19, 2022 13 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) Here is a breakdown of School Operating Fund Revenue Sources: School Operating Fund Revenue Sources School Reserve Federal $667,182 $13.500.000 0 1% Other Local 1.5% $3,918.341 0.4% State Sales Tax Local Contribution $91,899,883 8433,432.889 10.5% 49.7% MEW $320.064.693 37.7% • v I R G I N 1: E E L;H 7, f I, This slide provides the breakdown of School Operating Fund by Major Category Classification: i School Operating Fund by Major Category Classification Administration.Attendance and Health Technology $45.019.908 $39,746,302 5.2% 4 6% Pupil Transportation $45.535,562 5.2% Operations and Maintenance $102.526,711 11.8% Instuction $639.644.405 73 3% April 19, 2022 14 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) This slide provides the breakdown of School Operating Expenditures by Type: School Operating Expenditures by Type Tranelen to Other Funds Capital Outlay Other.Charges $15.712 227 S5.147.434 328.363.800 t 80% 0 59% 3 02% Materials and15 Supplies 5333<59 Land.Structures and Improvements 3.80% ,. S95,724 0.01% Purchaead Services $47,610,489 546% Personnel Serv.ee S.1,882.035 60 96% Fringe BeneM1b S212.507920 24 36% How was the budget balanced? April 19, 2022 15 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) Here is the School Operating Fund Revenue Comparison: School Operating Fund Revenue Comparison FY 2021/22 FY 2022/23 Revenue Adopted Proposed Variance Federal 13,500,000 13,500,000 - State 317,437,827 329,054,593 11,616,766 State Sales Tax 81,922,118 91,899,883 9,977,765 Local Contribution(RSF)' 407,444,023 433,432,889 25,988,866 Other Local 3,868,341 3,918,341 50,000 School Reserve 1,334,364 667,182 (667,182) i Total 825,506,673 872,472,888 46,966,215 'Figures are net PAYGO and Debt Service.The total Revenue Sharing Formula amount calculated for FY 2022/23 is$484,566,543. Amount. Balance Estimated additional revenue from all sources 46,966,215 Experience step increase(0.5 percent)and COLA(4.5 percent) (28,030,280) 18,935,935 Funding to improve the division's health insurance ranking (8,500,000) 10,435,935 Increase teacher substitute rate from$100 to$115 a day (2,630,428) 7,805,507 Increase allowances for advanced degrees(phased-in at 30%) (1,253,047) 6,552,460 Reclassify teacher assistants to the minimum of grade 10 (2,440,282) 4,112,178 Additional cost for equity adjustments as a result of moving teacher assistants to grade 10 (1,570,985) 2,541,193 Reclassify security assistants to grade 10 with full equity (1,023,733) 1,517,460 Reclassify Renaissance security assistant and security officers to grade 11 (119,183) 1,398,277 Additional cost for security assistants holding a bachelor's degree(phased-in at 50%) z (166,604) 1,231,673 Additional cost for teacher assistants holding a bachelor's degree(phased-in at 50%) (277,740) 953,933 'Additional 8.0 FTE ESL teachers and revise current contracts to 10-month extended — (808,894) 145,039 Additional 10.0 FTE security assistant positions for elementary schools _..�-s-�.- (371,318) (226,279) Additional cost to convert 10-month custodians to 12-month —`'n u. (1,130,322) (1,356,601) Add 1.0 FTE Emergency Manager (104,164) (1,460,765) Additional funding needed to establish a legal department (502,888) (1,963,653) Additional teacher assistant position(1.0 FTE)and funding to support the Environmental Studies program (186,492) (2,150,145) Funding for state mandated programs (245,675) (2,395,820) Additional funding for technology solutions and system maintenance (1,392,414) (3,788,234) Additional local match requirements for the Early Reading Intervention and Virginia Preschool (1,837,802) (5,626,036) Initiative grants Additional funding to support special education program mandates(CSA) (101,843) (5,727,879) Additional charges for risk management services (2,190,195.00) (7,918,074) Baseline adjustments and net position changes(e.g.,realigning positions,K-3 primary class 5,494,672 (2,423,402) size reduction) Reduction to non-personnel line items 2,423,402 uuL April 19, 2022 16 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72 705 (Continued) Funding for Compensation • $28 million to provide a 4.5%increase in cost-of-living adjustment and a 0.5%step increase for those reaching or below •- top of scale +F:t • $8.5 million to improve the division's health insurance ranking =;+� __ • $2.6 million to increase teacher substitute rate from$100 to $115 a day • $2.4 million to reclassify teacher assistants to the minimum of grade 10 ` ;;P:411,41A • $1.6 million for equity adjustments as a result of moving teacher R assistants to grade 10 4-47 • $1.3 million to increase allowances for advanced degrees (phased-in at 30%) • $1.1 million to convert 10-month custodians to 12-month • $1.0 million to reclassify security assistants to grade 10 with full equity • $445,000 additional cost for teacher assistants and security • 1 G assistants holding a bachelor's degree(phased-in at 50%) • $119,000 to reclassify Renaissance security assistant and security officers to grade 11 Proposed Compensation Increases for Surrounding School Divisions • Chesapeake Public Schools • 10%increase for teachers i • • 14%increase for support staff • 5%increase for administrative staff • Hampton Public Schools • 5%increase for all full-time staff and includes adjustments to the teacher salary scale and other support staff positions • Newport News Public Schools • 5%increase for all full-time contracted employees • Adjustments in pay based on experience for teachers.The average teacher will see a 6.5%increase • Norfolk Public Schools • 5.8%increase for teachers • 7.5%increase for classified staff • 4.2%increase for administrators • Williamsburg-James City County Public Schools • 7%pay increase for all employees April 19, 2022 17 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) - T Elimination of the Grocery Tax 0,1 rb • The 1%locally received by the _ City via the General Fund is . : • shared with VBCPS through the Revenue Sharing Formula �_ • The elimination of the Grocery • Tax would result in a total loss of I. " revenue of$13.1 million($7 . million City and$6.1 million • t , ` Schools) 4'_. - )41t1WiAk ` ` ~• j - E;c C H C. t i .F I C C C.0 0 S Ms. Pate turned the presentation over to Mr. Freeman. CIP Highlights Projects Under Design/Construction op* Construction School Construction Start Complete o-0z6 2022 Lynnhaven MS/Achievable Dream Addition 2023 Modernization/Replacement Projects CIP# Construction School Construction Start Complete 2-025 2023/24 Princess Anne High School Replacement 2027 1-028 2024/25 B.F Williams Elementary/Bayside 6`^Replacement 2028 i-ozg 2°27/28 Bayside High School Replacement 2031 April 19, 2022 18 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72 705 (Continued) The next several slides provide an overview of the School's CIP: •Renovations&Replacements Projects •321.3 Million Funded in 2022/23 •Renovations and Replacements—Safe School Improvements •Funds s2oo,000/year •Energy Performance Contracts—Ph 11 •$44.5 Million—On-going •Elementary School Playground Equipment Replacement What's In This CIP •S25 o,00r/year •Achievable Dream at Lynnhaven Middle School •si3.85 Million project,scheduled opening date September 2023 •Princess Anne High School Replacement •Fully Funded 4162.7 Million),tentative opening date 2027 •Bettie F.Williams/Bayside 6th(Grade 4-5)Replacement •Fully Funded($68.4 Million),tentative opening date 2028 •Bayside High School Replacement •Partially Funded($88.6 Million of si97.7 Million),tentative opening date 2031 21 FR& CIP Funding Total Cost(including -,A appropriations to date) $646,751,501* Y a> td Year 1(2022/23) $83,196,675* *Alternative A April 19, 2022 19 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) Funding Source—Alternative A Funding Sources 2022/23 2023/24 2024/25 2025/26 2026/27 202728 Charter Bonds 32,300,000 32,300,000 32,300,000 32,300,000 32,300,000 32,300, Sandbridge 0 0 0 0 0 0 Public Facility Revenue 15,000,000 15,000,000 15,000,000 12,000,000 12,000,000 12,000,000 Bonds PayGo 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 Interest Sale of Property 0 0 0 0 0 0 Energy Performance 2,500,000 2,500,000 2,500,003 2,500,000 2,500,000 2,(001,000 Contracts Funding State Construction 2I,396,675 0 0 0 0 0 Grants L ncn Funds 0 0 0 0 0 U Schad Special Resen a 11,000,000' 11,000,000 12,000,000 12,000,000 12,000,000 12,000,000 Fund BalancerReversion Total 83,196,675 62,300,000 63,800,000 61,300,000 61,800,000 61,800, M1HCPS rr.Aud m Decmbe 1',:0_I d.,,ie.vrtr\ad.m skied f�I,l%,6r5 n ame Cmmsix i.,w n b p,opwad Wdµ Funding Summary—Alternative A �� rrwewerE 11:1_ MINIIIIM!IMMIl IMPT1PME1I ®=111111EMMIMPI!!!!!! =1oMEl��M!!!!!! 0.11,TOTAL — ,....w re.,.,., 2.2 .»014000.90.e, 14 April 19, 2022 20 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) Fundin. Source—Alternative B Funding Sources 2022/23 2023/24 2024125 2025/26 202627 2027/28 Charter Bonds 32300,000 32,300,000 32,300,000 32,300,000 32,300,000 32,300, Sandbridge 0 0 0 0 0 Public Facility Revenue 15,000,000 15,003,000 15,000,000 12,000,000 12,000,000 12,000, Bonds PayGo 1,000,000 1,500,003 2,000,000 2,500,000 3,000,000 3,500, Interest/Sale of Property 0 0 0 0 0 Energy Performance 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,000, Contracts Funding State Construction 0 0 0 0 0 Grants Loners:Funds 0 0 0 0 0 School Spacial Reserve 11,000,000' 11,000,000 12000,030 12,000,000 12,000,000 12,000, n Fund BalanceRescion Total 61,800,000 62,300,000 63,800,000 61,300,000 61,800,000 61,800,000 Th rI1,000.000 pins®d loco FY:Oro_I mmanim.Nbs mad c find CIP 1-015 Pm..aa4mefL. 31,000.000 fIP 1-ON Binds F1,¢ s a h..R s►soz m a 3.000,000, rs Funding Summary—Alternative B = .f ,.`r7®®W! MR�1�FM acii z:Emommensierreffmrerrose NMI 11:111, 111111111111911M IMP!Lig.1 IMP WPM MEIN ®F� 17EMI®®E!E!PE!M!FM NEE MAIIIIMMINEE fill111111111111111111 EPRIMPFINP WIEMIE ME=!MOINE MEI= ===M WHIMIIIIIMINIP MEW OW NW omw Frryf...,s.y,p��,r—sa✓0+tl sapxo,P+a> f .w Ca+ais d,easlre�nwsrr��LL� a6 April 19, 2022 21 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#72705 (Continued) IA 1 I 1411°*:0 VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Mayor Dyer expressed his appreciation to Ms. Rye, Dr. Spence, Ms. Pate and Mr. Freeman for the presentation. April 19, 2022 22 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AGRICULTURE ITEM#72706 2:20 P.M. Mayor Dyer welcomed David Trimmer,Director. Mr. Trimmer expressed his appreciation to City Council for their continued support: 4 . la d 4 [ .- 4 ., r ,• � . ,,.,.. , �P�'^�'' fiery ,,„,... 4 ijf 6 ty f s Z' �4 -- ‘.411 '-V.,: '' , .. ,,, Vfl- ' ' s' ' . , ,_ 3 rf Department of Agriculture FY 2022-23 Operating Budget 1 / , hi. -.' ".*- • "fry k ,,..-_, Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY23 Budget 9 4 14110,084 1 April 19, 2022 23 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AGRICULTURE ITEM#72706 (Continued) FY23 Programmatic Budget Budget S6,949,719 56,1 72,652 5990,000 oGeneral Operating Expenses oStormwater General Government Capital Project ❑Agriculture Reserve Program Here is the Department Operating Budget—General Fund: Department Operating Budget —General Fund Program FY22 FY22 FY23 FY23 Change From FY22 Amended FTE Proposed FTE General Operating 947,321 7.52 987,713 7.52 40,392 4.2% Expenses Total 947,321 7.52 987,713 7.52 40,392 4.2% April 19, 2022 24 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AGRICULTURE ITEM#72706 (Continued) Here is the Department Operating Budget-APR: Department Operating Budget — ARP Program FY22 FY22 FY23 FY23 Change From FY22 Amended FTE Proposed FTE Stormwater General 990,000 0 990,000 0 0 0% Government Capital Project General Operating 5,188,633 1.48 12,132,371 1.48 6,943,738 112.38% Expenditures* Total 6,178,633 1.48 13,122,371 1.48 6,943,738 112.38% *Primarily driven by the increase of the Agriculture Reserve Program Principal Repayments 5 The next two (2)slides provide an overview of Major Changes&Initiatives: Major Changes & Initiatives Agriculture is vital to our existence Contributes to fuel and other bio-products *Agriculture is Virginia's largest private industry by far, with nothing else coming a close second Produces $134 Million in economic impact to city Increases tax revenue, jobs, preservation of farmland/open space 'Virginia Department of Agriculture and Consumer Sevices-Agriculture Facts&Figures April 19, 2022 25 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AGRICULTURE ITEM#72706 (Continued) Major Changes & Initiatives Agriculture helps to mitigate and reduce flooding Farmers Market generates approximately $300,00 annual revenue - special events educational programs rent sponsorships Agriculture promotes 4-H, Master Gardener Volunteers, AG Education, family finance and nutrition programs Initiatives Underway & Conclusion The focus of the growth and sustainability of agriculture in Virginia Beach is our number one priority, as well as preserving the land, open green space and natural resources associated with the southern part of the city. A lot of localities think and want this but Virginia Beach lives by this though process day to day. Mayor Dyer expressed his appreciation to Mr. Trimmer for the presentation. April 19, 2022 26 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AQUARIUM ITEM#72707 2:27P.M. Mayor Dyer welcomed Cynthia Whitbred-Spanoulis, Director. Ms. Whitbred-Spanoulis expressed her appreciation to City Council for their continued support: , -.: ----- 46,141**--,, _. 0,4 -. S .4 ' 'gy p ,1 Ir + �� "„ ‘,,t,_-: ii,,pir.,,,,.„,,, , ::,.....„„._\„„,_ , i. „,,a .., ,,. Department of the Virginia A uarium :- .:-:„-i--t---, `` FY 2022-23 Operating Budget t City Council 04/19/22 Cynthia Spanoulisii' I .... dec- 111 .X s . - ai* -11011441bNV- 4111+. \\ -0. Here is the Organization Summary: Department of the Virginia Aquarium Organization Summary • Total FTEs Number of Divisions Total FY23 Budget 126 Full-time 10 S14,502,760 2.85 Part-time April 19, 2022 27 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AQUARIUM ITEM#72707 (Continued) F Y 2 3 Programmatic Budget 9.62%(M) ' 13.50%(GE) 10.01%(GS) 4.55V(RC) 4.90%(SE 1 1.51%(EF) oGeneral Administration(GA) 0 Marketing(M) ■Gift Store (GS) ■Science Education (SE) •Exhibits&Facilities(EF) ❑Research&Conservation (RC) ❑Guest Experience(GE) ❑Aquarium Foundation (AF) ❑Animal Care(AC) OVeterinary Services(VS) 401 Here is the Department Operating Expenditures: Department of the Virginia Aquarium Operating Expenditures Pro ram FY22 FY22 FY23 FY23 9 Amended FTE Proposed FTE Change From FY22 Administration 2,123,924 16 2,860,375 16 736,451 34.67% Science Education 692,416 10 713,357 10 20,941 3.02% Guest Experience 1,552,340 17.6 1,913,943 17.5 361,603 23.29% Veterinary Services 408,828 4 503,451 4 94,623 23.14% Marketing 1,443,835 6 1,390,826 6 -53,009 -3 67% Exhibits&Facilities 1,614,250 14.15 1,667,202 14.5 52,952 3.28% Aquarium Foundation 1,073,675 17.65 1,110,994 18.35 37,319 3.48% Gift Store 1,152,766 5 1,443,610 5 290,844 25.23% Research&Conservation 562,704 6.6 662,119 7.5 99,415 17.67% Animal Care 2,081,303 30 2,236,883 30 155,580 7.48% Total 12,706,041 127 14,502,760 128.85 1,796,719 1414% April 19, 2022 28 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AQUARIUM ITEM#72707 (Continued) Here is the Department Operating Revenues: Department of the Virginia Aquarium Operating Revenues FY22 FY23 Program Amended Proposed Change From FY22 Admissions 7,217,000 7,588,000 371,000 5.14% Memberships 1,090,000 1,250,000 160,000 14.68% Gift Store 1,417,625 1,912,000 494,375 34.87% Foundation Transfer to City 1,072,872 1,168,931 96,059 8.95% Rental Income 15,000 15,000 0 0 Parking Fees 0 300,000 300,000 n/a License Plates 50,000 50,000 0 0 Total Earned Revenue 10,862,497 12,283,931 1,421,434 13.09% Total Expenditures 12,706,041 14,502,760 1,796 19 14.14% Total General Fund 1,843,544 2,218,829 375,285 20.36% Support 6 The next few slides provide an overview of Major Changes&Initiatives: Major Changes & Initiatives Net increase in full-time employees Accountant II and Advocacy Coordinator 3 Year Comparison Sustainability Coordinator and Clerk FY 2021 130.95 FTEs Cashier FY 2022 127.00 FTEs FY 2023 128.85 FTEs Restore Group Sales Coordinator and Horticultural Technician Changing Exhibits contribution April 19, 2022 29 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AQUARIUM ITEM#72707 (Continued) Major Changes & Initiatives (Cont'd) Darden Marine Animal Conservation Center OPEN !■*■ South Building Opening in July 2022 rill Timed Ticket Sales 4116t, Initiatives Underway & Conclusion City and Department Performance Initiatives Enhance and grow Virginia Beach's reputation as a destination for Tourism $265 million in Economic Impact to the Virginia Beach economy Education Resource for both K-12 and University level students Conservation and Research International Reach Shuttered Venues Operators Grant Feasibility and Operational Impact Studies for ' •, Future sustainability %.„. April 19, 2022 30 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AQUARIUM ITEM#72707 (Continued) I Initiatives Underway & Conclusion (Cont'd) © Michael Miler . 23 town 60o "We've been several times in the past and have absolutely loved the experience However,this most recent time fell short.' "The first area had one crow in a cage and a small tank with some huh in it Not exactly an attention-grabber.The other tanks throughout the aquarium were not full of animals,as we've previously seen.Several key exhibits were not on display,such as the stingray touch tank and the back building" "Overall,we paid over$90 and were finished in about Unity minutes.Very disappointing and we probably won't be back for some time' AQUARIUS' Here is a conceptual view of how the Aquarium could look in the future: it.i 4- ., 4,41....tp1/4 lei is „: y ,`, , i fb .. i f-— ; I `am �4S,„If j . M► i .,.•'4.1',*,- 47. r '' V I R G I ti l A ,w ',,,,.° .- A Q il'�d l U M It Building a Sustainable Future "`,.. . � ` - - - .,� 'f' April 19, 2022 31 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) AQUARIUM ITEM#72707 (Continued) MfArmy- • f i i f Y — aIlk Mayor Dyer expressed his appreciation to Ms. Whitbred-Spanoulis for the presentation. April 19, 2022 32 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SERVICES ITEM#72708 2:44 P.M. Mayor Dyer welcomed Aileen Smith, Director. Ms. Smith expressed her appreciation to City Council for their continued support: ,4 1 l _ it' *Nr.' - - '- �:l 3 ......,.,... it, „ _ .,,,-,__ - - \-Art.„,,A trityr -_---.i., .. -- ' ,,------, vr4, fit, '� fix. ,= WU Department of Human Services FY 2022-23 Operating Budget Here is the Organization Summary: Organization Summary Total FTfs Number of Divisions Total FY23 Budget 1,19157 4 $135M April 19, 2022 33 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SERVICES ITEM#72708 (Continued) FY23 BHDS Programmatic Budget Administration & BHDS Budget $78,603,238 Jail Initiative 5984.HI I IS Business Administration, Community Corrections: 94.500,078,6% 51.869.246,2% Substance Use,S6,028,511 8% - CQI6 HR,S7.214.181, Administration,S I,331,948, 2% BHDS-Administration. 12,031,302.3% Developmental Services.. - S28,966.557,37% Behavioral Health. 125,676,504,33% 3 FY23 Social Services Programmatic Budget Social Services Budget$56,567,789 SS Administration,S6,893.1 81 12% Adult 5ery ces.S3 073.B1).5% Benefits Eligibility, JDC,S5,970,616.11% �. III 11.299,20% Gift Funds,S46,710,08% Employment Services, 13,034,775.5% Children Services.S12,525,090. 22% CSA.SI 3.912301 25% a April 19, 2022 34 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SERVICES ITEM#72708 (Continued) Here is the Department Operating Budget: Human Services Operating Budget Program FY22 FY22 FY23 FY23 Change From FY22 Amended FTE Proposed FTE State,Federal and City S125,592,025 1158.2 S132,037,768 1,156.57 $6,445,743 5.13 1 General Fund Grants Fund S2,970,143 35 S2,970,143 35 SO I' Gift Fund S46,710 0 S46,710 0 SO 0 • Total $128,608,878 1,193.20 S 135,054,621 1,191.57 S6,445,743 5.01% I IT ',� liI. ,1 I` J� 1, '1 I— W N Z N W Q ...1cnw u_i FIG O O CC d Q p a S at O O W Q E O J J d d d G. ,, it fl I, ll t' 1 l de ..\ 1%, "•-• :; :..fr... ) .../Iir. .11..} SERVICE ACCESS TO COMMUNICATION TALENT INTEGRATION SERVICE &COMMUNITY ACQUISITION& ENGAGEMENT DEVELOPMENT 6 April 19, 2022 35 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SERVICES ITEM#72708 (Continued) The next two (2)slides provide an overview of Major Changes&Initiatives Social Services: Major Changes & Initiatives Social Services SNAP/Medicaid Benefits 92.624 Virginia Beach residents received some combination of Supplemental Nutrition Assistance Program(SNAP),Temporary Assistance for Needy Families(TANF)and/or Medicaid benefits Between 2018-2021 -there was approximately a 40%increase in the number of Medicaid enrollees March 2022 SNAP Statistics for Virginia Beach Virginia Beach is the 3rd highest among level III agencies for meeting the non-expedited*target Virginia Beach is the 2nd highest among level III agencies for meeting the expedited**target •Application processed within 30 Days ••Application processed anthln 7 Days 7 Major Changes & Initiatives Social Services Child Welfare Programs 37 Adoptions in 2021, 3 Adoptions in 2022 313 Post-Adoption cases 1 77 children under 18 years old in Foster Care 29 Fostering Futures youth ages 18-21 years old Adult & Aging Trends (Adult Protective Services-APS) 237 active APS cases 878 clients receiving Guardian/Conservatorship Services 61 clients receiving Companion Services April 19, 2022 36 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SERVICES ITEM#72708 (Continued) Here is an overview of Mobile Food Pantries: Mobile Food Pantries A partnership between the Food Bank & DHS 8,564 households have received an additional food supplement since December 2020 December 22, 2020- 750 households February 23, 2021 - 1 554 households April 27, 2021 - 1428 households June 8, 2021 - 1 720 households December 1 5, 2021 - 1 582 households March 29, 2022 - 1 530 households 9 The next two(2)slides provide an overview of Major Changes&Initiatives—Behavior Health Department Services(BHDS): Major Changes & Initiatives - BHDS New Services Office Based Opioid Treatment- 1 1/2020 Marcus Alert- Live 12/1/2021 Mobile Crisis Hubs -Adult Hub Commenced on 12/15/2021 Expanded Services Permanent Supportive Housing: 50 new slots Forensic Discharge Planning: 3 new positions Drug Court Expansion: New grant doubled potential number of participants April 19, 2022 37 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) HUMAN SERVICES ITEM#72708 (Continued) Major Changes & Initiatives - B H DS P6 Expansion 1 Establish one location for multiple behavioral health services -"one stop shop" A t i , i Relocate Behavioral Health Programs: Crisis .4 1<� i i v _ . Management Unit and Supportive Residential i l\ l e Services (tf E I 1 Enhance engagement, continuity of care and �A,,,,R,...- ( I I ' warm handoffs to services i l p i''. 1 11 VBCity of Virginia Beach Human Services .. (.. , , _. . 1. / 1 ,,,.`'�' ,T _. : .4 ; . -, _?, _ QUESTIONS? h. -1 %,„ , ) , ' ' 12 Mayor Dyer expressed his appreciation to Ms. Smith for the presentation. April 19, 2022 38 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) CONVENTION& VISITOR'S BUREAU/RESORT MANAGEMENT OFFICE ITEM#72709 3:20 P.M. Mayor Dyer welcomed Nancy Helman, Director and Lisa Bleakley, Resort Administrator. Ms. Helman expressed her appreciation to City Council for their continued support: 4, e: -, Alit-- 7;:';' "a''' '` r i \ - , -- i , ., - Illikt .. ‘, , ,,,,mits . , , Convention & Visitors Bureau FY 2022-23 Operating Budget 1�,, r,_ ji .14111111111111L , Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY23 Budget 119.28 8 38,447,470 April 19, 2022 39 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) CONVENTION& VISITOR'S B UREA U/RESORT MANAGEMENT OFFICE ITEM#72709 (Continued) FY23 Programmatic Budget FY23 CVB PROPOSED BUDGET BY PROGRAM Transfer/Reserves, Director's Office, 476.134 S2,172,408.6% Resort Management Office, Marketing.PR. SI 1,591,734,30% Communications. S1 2.1 46,61 0.32% VB Convention Center. S6,633,51 5,17% Tourism Sales&Marketing, S1,184,656,3% — Visitor Info(Centers, M&C/Convention Srvs, Sports Sales& S534,836,1% Marketing. S2.235,408,6% S1,872.170,S% 3 The next three (3)slides provide an overview of the Department Operating Budget: Department Operating Budget CONVENTION&VISTORS BUREAU GENERAL FUND FY22 FY22 FY23 FY23 Program Change From FY22 Adopted FTE Proposed' FTE AIL Director's Office Administration 1 503 969 l it ®. 11 14,083 i 0.9% IMEZ22111=111111 28 093 28 093 M1111.1.11.111.. I I . 495 838 11111MECIMMINICECIENIMIffiri Sports Marketing&Sales 6.00 626,763 6.00 IIMEMIM/353 Convention Marketing&Sales 939,827 10.00 MM. 10.00 6 329 250 59.89 MINIM 59.89 Total 9,864,828 91.89 10,348,077 9189 483.249 4.9% •lackdes SL3 wgaests$140K Contractual Groundskeepkp VISC•VICC and vehicle 3'90K April 19, 2022 40 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) CONVENTION& VISITOR'S BUREAU/RESORT MANAGEMENT OFFICE ITEM#72709 (Continued) Department Operating Budget CONVENTION&VISTORS BUREAU TOURISM ADVERTISING PROGRAM(TAP FUND) Program FY22 FY22 FY23 FY23 Change From FY22 Adopted FTE Proposed FTE Director's Office Administration 150 022 - 654,356 - 504,334 MEM MARCOMM 9,879,250 11.00 1 1,635,108 11.00 1,755,858 17.8% Tourism Marketing&Sales 545,204 - 695,203 - 1 49,999 27.5% Sports Marketing&Sales 1,090,407 - 1,245,407 - 1 55,000 14.2% Convention Marketing&Sales 1,100,207 - 1,183,207 - 83,000 7.5% Visitor Information Center 474,098 6.39 534,836 6.39 60,738 12.8% Transfers&Reserves 2 089,814 - 76 134 - (2 013,680) -96.4% Total 15,329,002 17.39 16,024,251 17.39 695,249 4.5% Ms. Bleakley provided an overview of the Tourism Investment Program (TIP)Fund: Department Operating Budget CONVENTION&VISTORS BUREAU TOURISM INVESTMENT PROGRAM(TIP FUND) Pro ram FY22 FY22 FY23 FY23 9 Adopted FTE Proposed FTE Change From FY22 Resort Management Office* 7 401,286 10.00=NUM 10.00 4 190,448 =lani EMS:21111MIEBEIllill 483 408 IIMIMIIIIIIIIIIMIN®i Total 7,885,017 1000 12,075,142 10.00 4,190,125 53.1% *Resort Management Office was not included in CVB during FY22;reported NB in FY22 for comparison purposes only 8 April 19, 2022 41 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) CONVENTION& VISITOR'S BUREAU/RESORT MANAGEMENT OFFICE ITEM#72709 (Continued) The next two (2)slides provide an overview of Major Changes&Initiatives: Major Changes & Initiatives Virginia Beach Sports Center Currently operating at full capacity Virginia Beach Convention Center Industry leaders are optimistic about recovery for 2023 events Tourism Economic Recovery Leading Tourism industry researchers indicate optimism for continued travel recovery Major Changes & Initiatives Resort Management Office New)ackalope Festival Increased Entertainment Programming Resort TIP Improvement Initiative April 19, 2022 42 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) CONVENTION& VISITOR'S BUREAU/RESORT MANAGEMENT OFFICE ITEM#72709 (Continued) Initiatives Underway & Conclusion Marketing & Branding Return of the Resort Management Office to the CVB Reorganization Mayor Dyer expressed his appreciation to Ms. Helman and Ms. Bleakley for the presentation. April 19, 2022 43 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) ECONOMIC DEVELOPMENT OPERATING AND CIP ITEM#72710 3:37P.M. This presentation has been re-scheduled due to time constraints. April 19, 2022 44 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72711 3:38 P.M. Vice Mayor Wilson advised on May 1, 2022, the 7thAnnual Crush Cancer event will be held from 10:00 A.M. to 3:00 P.M., outside at the Cavalier Golf and Yacht Club. Vice Mayor Wilson encouraged anyone interested in participating to register for the event at: hops://www.letscrushcancer.org April 19, 2022 45 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72712 (Continued) Council Member Moss advised he will present an alternate version during consideration of the proposed, "Resolutions to approve a term sheet re redevelopment of Pembroke Mall, request approval by the Development Authority and authorize the development of definitive project documents" on tonight's Agenda. April 19, 2022 46 AGENDA REVIEW SESSION ITEM#72713 3:40 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 25.6+/-acres of City- Owned property located off Landstown Road for up to five (5) years with Dawley Family Farms, LLC 2. Ordinance to DECLARE easements under the sandy beach and continue to the northern parking lot at the Sandbridge Market in EXCESS of the City's needs and AUTHORIZE the sale of the easements to Globalinx Data Center,LLC re offshore data cable landing site 3. Ordinance to DECLARE the properties located at 108 Lavergne Lane, 108 Air Station Drive and 112 Air Station Drive to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the properties to the adjoining property owners 4. Ordinances to AMEND City Code Sections: a. 10-1 re relocate the Central Absentee Precinct for the June 2022 Primary Election to 577 Central Drive and to ADD Section 10-1.2 re office location of Voter Registrar [In person absentee voting to continue at the Municipal Center location, but mailing and processing of ballots to occur at 577 Central Drive] b. 21-351, 21-352, 21-353, and 21-354 re residential parking permits c. 6-30 re fishing on beach during resort season at Little Island Park 5. Ordinances to APPROVE and ADOPT a City Council Revised Policy: a. re speakers at City Council Meetings (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Branch, Henley, Holcomb, Jones,Moss, Rouse and Tower) b. re Council Member Sponsored Forums and Events (Requested by Council Member Berlucchi)Deferred from April 5, 2022 6. Resolution DESIGNATING May as Mental Health Awareness Month (Requested by Council Member Berlucchi) 7. Resolution re the City of Virginia Beach Community Criminal Justice Board April 19, 2022 47 AGENDA REVIEW SESSION ITEM#72713 (Continued) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5)years with the Development Authority for property located at 2656 Lishelle Place 9. Resolutions to APPROVE a term sheet re redevelopment of Pembroke Mall,REQUEST approval by the Development Authority and AUTHORIZE the development of definitive project documents 10. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agriculture Reserve Program Easements 11. Ordinance to EXTEND the date for satisfying the conditions re closing one-half of an unimproved portion of Holly Road adjacent to 401 49`"Street 12. Resolution to APPOINT Lauren Hopkins to the position ofDeputy City Clerk II, effective April 14, 2022 13. Resolutions to REQUEST the Virginia Department of Transportation (VDOT)ACCEPT: a. additional streets for Urban Maintenance Payments b. corrections to the road inventory for Urban Maintenance Payments 14. Ordinance to AWARD a $5,000 Community Services Micro-Grant to Virginia Beach Fire Foundation re Child Passenger Safety(CPS)training programs,public education,and child safety seat check-up events 15. Ordinance to APPROPRIATE$550,000 from Parking Enterprise Fund Balance to FY2021- 22 Economic Development Operating Budget re Pilot Project for Micro-transit Services in the Resort Area 16. Ordinances to ACCEPT and APPROPRIATE: a. $8,868 donation from the Virginia Beach Library Foundation to FY2021- 22 Libraries Operating Budget re purchase equipment for the Edgar T. Brown Local History Archive b. Surplus Fundingfrom the Virginia Department of Transportation(VDOT) re Capital Project #100529 "Elbow Road Extended Phase II-B" and TRANSFER local funding to roadways projects within the FY 2021-22 from Capital Improvement Program April 19, 2022 48 AGENDA REVIEW SESSION ITEM#72713 (Continued) 17. Ordinances to TRANSFER: a. $130,000 to the Office of Emergency Management's FY2021-22 Operating Budget re personnel expenses b. $233,843 to Department of Emergency and Communications and Citizens Services re replacement computers J. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#4b WILL BE CONSIDERED SEPARATELY ITEM#4c WILL BE CONSIDERED SEPARA TEL Y ITEM#5a WILL BE CONSIDERED SEPARA TEL Y ITEM#5b WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARA TEL Y ITEM#9 WILL BE CONSIDERED SEPARATELY ITEM#15 WILL BE CONSIDERED SEPARATELY April 19, 2022 49 AGENDA REVIEW SESSION ITEM#72713 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. NORTH INDEPENDENCE STORAGE, LLC/WELLS FARGO for a Conditional Use Permit re mini-warehouse at 1612 Independence Boulevard DISTRICT 9(formerly District 4—Bayside) K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y April 19, 2022 50 ITEM#72714 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). • Princess Anne District • Rose Hall District • Lynnhaven District 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 bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Atlantic Park • Project Beach • TCC Hotel • Project Signs • Hampton Roads Economic Development Alliance 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 April 19, 2022 51 ITEM#72714 (Continued) Upon motion by Council Member Jones,seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 3:50 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse Break 3:50 P.M. —4:00 P.M. Closed Session 4:00 P.M. — 5:53 P.M. April 19, 2022 52 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL APRIL 19, 2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,April 19, 2022, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse—Attending previously scheduled award ceremony INVOCATION: Mario Melendez, Episcopal Chaplain Church of the Holy Apostles PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identing any matters in which she might have an actual or potential conflict. If during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. April 19, 2022 53 Vice Mayor Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest.In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record. April 19, 2022 54 ITEM— V.E CERTIFICATION ITEM#72715 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE 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: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse *Council Member Moss stepped out(4:05—4:13 P.M.) during discussions of Publicly-Held Property in the Rose Hall and Lynnhaven Districts due to a conflict of interest. April 19, 2022 0.14IA•BE,to O EIA: 4 J Op OUR RESOLUTION 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#72714 on Page 51 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. kaki Ama�� B J e , ! C City lerk April 19, 2022 55 ITEM— V.F.1 MINUTES ITEM#72716 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 5, 2022 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 56 ITEM— V.F.2 MINUTES ITEM#72717 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the SPECIAL SESSION of April 12,2022 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: Aaron R. Rouse April 19, 2022 57 ITEM— V.G.1 MAYOR'S PRESENTATIONS ITEM#72718 Mayor Dyer welcomed Rae Pearson Benn, Media and Communications Coordinator. Ms. Benn expressed her appreciation to City Council for their continued support. Ms. Benn advised this month highlights the people, events and years between 1978 — 1982 as part of the Nostalgic Virginia Beach Campaign to celebrate the City's 60`h anniversary. Ms. Benn played a short video of the City's history between 1978— 1982 and turned the presentation over to Mayor Dyer to present citizen awards. 60`h ANNIVERSARY AWARDS Council Member Henley, on behalf of Mayor Dyer, welcomed Floyd Waterfield, Jr. and read the Proclamation recognizing Mr. Waterfield who served as a member of the Virginia Beach City Council from 1970-1978. Mr. Waterfield's service to the community through his hard work, unwavering support and tireless efforts elevated the profile of the City of Virginia Beach and enhanced the quality of life for citizens Mr. Waterfield exemplifies the model of citizenship and service and is a recipient of the "Virginia Beach Diamond Award". Council Member Henley called upon the citizens and members within government agencies,public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. Mr. Waterfield expressed his appreciation to City Council for this recognition. Vice Mayor Wilson, on behalf of Mayor Dyer, welcomed Dot Wood and read the Proclamation recognizing Mrs. Wood's long-time commitment to the City through her work serving as chair of the Virginia Beach Planning Commission, chair of the Virginia Beach Performing Arts Theater Task Force, vice chair of the Virginia Beach Performing Arts Center Foundation, chair of the Virginia Beach Development Authority and past president of Virginia Beach Rotary Club. Mrs. Wood was named a "First Citizen of Virginia Beach"in 2000 and continued to exemplify the model of citizenship and service and today is a recipient of the "Virginia Beach Diamond Award". Vice Mayor Wilson called upon the citizens and members within government agencies, public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. Mrs. Wood expressed her appreciation to City Council for this recognition and for their years of continuous support. April 19, 2022 0‘14 B yam' •ic •. 4 . 1 - • y SOF OUR Edit°° jrottamatton here Floyd(Waterfsefd,Jr.,who served as a member of the Virginia Beach City Council from 1970-1978, has served the community through his hard world unwavering support,and tireless efforts to elevate the profile of the City of Virginia Beach and to enhance the quality of life for citizens;and Whereas: FloydWaterfierd,Jr.has given of his time and knowledge to help shape Virginia Beach during the city's beginnings with decisions that helped cultivate it into an outstanding location for many to calf home and an enduring source of pride in its high standing among other large cities across the nation; and Whereas: 'Floyd waterfteg Jr.has inspired others with his unyielding dedcation to the projects and efforts throughout Virginia Beach to help establish the City as a premier coastal community;and Whereas: The City of Virginia Beach has greatly benefitedfivm the foresight and enthusiastic support provided by T'loyd Waterfreld,Jr.9-fe is counted among the City's residents and community contributors who have made Virginia Beach a unique and well-known place to live,workand play; and Whereas: 'The community has been blessed by the wisdom and passiOnate advocacy of Tloyd'Waterfield Jr as he has fostered relationships with the citizens of Virginia Beach and within the 9fampton meads area;and Whereas:: By exemplifying the model of citizenship and service in the City of Virginia Beach,q'loyd Waterfteg Jr.has mentored and empowered other citizens to contribute their skills and talents to the community;and T e : `Nostalgic`L B"is a celebration of Virginia Beach pioneers and residents leading up to the 60th anniversary of our great city in January 2023. ,'brow,1i eie°fory I,P‘p6ert M. "Bobby"Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby Proclaim: TkyydWate ,fro ftcipient of the 'Virginia Bah Diamond', ward In Virginia(Beach,and I call upon the citizens and members within government agencies,publicand private institutions,business,and schools in Virginia Beach to 6e of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach. In '[ trams Whereof, I have hereunto set my hand and caused the Official'Seat of the City of Virginia Beach, Virginia,to be affrxedthis Nineteenth Day offipri4 Two'Thousand and Twenty-Two. F• ;3, Robert M. "Bobby"Dyer r I Mayor L tl r,r'{ c4- ; ;t,c£, , (...004,A4.., -rev: ic - t-sa 0 .,,,,,, --:, ,---- .„ , , . t, . u ., , .\._,. - ,,i „ ,,,.._.,.__ ..., .,,,_ c... . .v., 4 ...._ 7 40 ... c -,__,....,,, :7-',-. a.° S Up OUR tdA�0 rodainatton „leas: Dot Wood who has contributed to the Virginia Beach community,as a highly active and passionate servant leafier,through her hard work unwavering support,and tireless efforts to elevate the profile of the City of`Virginia Beach and to enhance the quality of fife for residents;and • Whereas: Dot Wood has given of her time to help cultivate'Virginia Beach as chairs of the'Virginia Beach Planning Commission,the Virginia Beach Performing Arts'Theater TaskForce and the'Virginia Beach'Development Authority,vice chair of the Virginia Beach Performing Arts Center Foundation and past president of Virginia Beachtary Club;and- Whereas: Dot Wood was named a First Citizen of Virginia Beach in 2000,but her contributions reached' beyond our city—serving as a board member on the Chesapeake Bay Preservation Area,the Commonwealth of Virginia Strategic Planning for Economic'Development, the Commonwealth of Virginia Small Business Advisory, the Commonwealth of'Virginia Department of Business Assistance Women's Business Task Force,and the JfamptonadsEconomic Development Alliance;and ¶ rsertas: Our city has benefitedfr-om the efforts of Dot Wooac who is counted among those who helped pioneer the'Virginia Beach Office of Volunteer P sources,'Virginia Beach 9il eats on Wheels,The Sandler Center,and other community endeavors that make the city a unique place to live,workand play;and Wite'rtr The community has been blessed'by the wisdom and passionate advocacy of Dot Wood as she has fostered relationships with the residents of Virginia Beach and within the Jfampton Roads area;and Whereas: By ex.emphfying the model of citizenship and service in the City of Virginia Beach, Dot Wood has empowered other citizens to contribute their skills and talents to the community;and Whereas: `9V-ostalgic VB"is a celebration of Virginia Beach pioneers and residents leading up to the 60th anniversary of our great city in January 2023. J((aw,'Thereon I,Rp6ert X "Bo66y"Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby Proclaim: ® thy aOot'L. Wool qtecipient of the Virginia Bah Diatrion IAware In Virginia Beach,and I call upon the citizens and members within government agencies,public and private institutions,business,and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved'City of Virginia Beach. In ass Whereof I have hereunto set my hand and caused'the Official Seal of the City of Virginia Beach, Virginia,to 6e affixed this Nineteenth Day ofApri/Two Thousand and Twenty-Two. a 'c i r a 7- _7. a ` ? Robert WI. "Bobby"Dyer c t' , Wlayor C t' <<. c . c. ' F. 4 •- '� 58 ITEM— V.G.2 MAYOR'S PRESENTATIONS ITEM#72719 RESOLUTION AUTISM ACCEPTANCE MONTH Council Member Berlucchi, on behalf of Mayor Dyer, welcomed Tyler Williamson, Executive Director— Families of Autistic Children of Tidewater (FACT) and Alfred Howard, LCSW — Autism Society of Tidewater and presented the Resolution recognizing APRIL 2022 as "AUTISM ACCEPTANCE MONTH" in order to create a kinder, more inclusive world for people with Autism spectrum disorder. Mr. Williamson and Mr.Howard expressed their appreciation to City Council for this recognition and their support. April 19, 2022 u41A•B k -i-1.!\:-. . --,' -1. s'1/4- , err ' o troroo. o RESOLUTION WHEREAS:Autism spectrum disorder affects an estimated 1 in 44 U.S.children and 1 in 45 U.S.adults and is a complex condition that affects each person differently,resulting in unique strengths and challenges;and WHEREAS: Autism can cause challenges with verbal and nonverbal communication, social interaction, and repetitive behaviors,and can affect anyone,regardless of race,ethnicity,gender,or socioeconomic background;and WHEREAS: Autism is often accompanied by medical conditions that impact quality of life;and WHEREAS: a comprehensive,collaborative approach will help promote connections to supports,services,community and resources that individuals with Autism need to live fully across their lifespan;and WHEREAS: early diagnosis and intervention tailored to individual needs can have lifelong benefits,easing the transition to adulthood and fostering greater independence;and WHEREAS: each person and family affected by Autism should have access to reliable information and supports;and WHEREAS: individuals with Autism should have opportunities to reach their full potential and the whole of society stands to benefit from this;and WHEREAS:two of the non-profit organizations located in Virginia Beach providing services to individuals diagnosed with Autism as well as family members affected by Autism are: O Families of Autistic Children in Tidewater(FACT)which serves hundreds of individuals with autism each year through its social and recreational programs where individuals with autism develop and grow their social and communication skills and become more integrated in our community.FACT hosts six weeks of day camps each summer,three different ongoing monthly social programs,and a mix of sports,leisure,arts, educational,and life skills programs six days a week during the school year.FACT also partners with other nonprofits to provide five Family Fun Days each year. • The Autism Society Tidewater Virginia has been a local affiliate of the nation's oldest leading grassroots Autism organization,the Autism Society of America,for over 40 years with a mission to create connections, empowering everyone in the Autism community with the resources needed to live fully.The organization serves thousands of local families through parent education,respite nights,support groups for parents and adults with Autism,5Ks,family and sensory friendly events,partnerships and collaborative efforts with local businesses,churches,and law enforcement to increase opportunities and improve experiences for people on the spectrum in their communities. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize FACT and Autism Society Tidewater Virginia for their efforts to address the diverse needs of individuals with Autism and their families and recognize April 2022 as Autism Acceptance Month in order to create a kinder,more inclusive world for people with Autism spectrum disorder. Adopted by the Council of the City of Virginia Beach,Virginia the 10 day of April,2022 and present this Resolution duly signed by each Member ' 'a Beach City Council with a copy spread upon the Minutes of this meeting. mLL2 q.:ed).4„..,..L,Council Mem6erMichaef ..Berfuccfii *ember Linwood*O.(Branch CounciIMem6erBarrara 31.71' CouncilMem6er cky°7fofcom6 Council-limber L ' R Jones CouncilMem6er ohn D.Moss ____/617---- K P-P'. - ._ CouncilMem6erAaron,Rouse Counci1Mem6er Guy K,Flower a ltem6erSa6nna D.'Wooten Vice 3fayor envy WiYson Mayor Ro M. 66y'Oyer 59 ITEM— V.G.3 MAYOR'S PRESENTATIONS ITEM#72720 PROCLAMATION FAIR MARKET HOUSING MONTH Council Member Wooten, on behalf of Mayor Dyer, welcomed Ruth D. Hill, Director — Housing and Neighborhood Preservation and presented the Proclamation declaring APRIL 2022 "FAIR MARKET HOUSING MONTH". Council Member Wooten urged all citizens to join in creating and promoting fair housing opportunities for all people. Ms. Hill expressed her appreciation to City Council for their continued support of Housing and Neighborhood Preservation. April 19, 2022 req ; r jfby 5t 4, ®F oust Ntkiws- r amatt Where= The City of Virginia Beach is proud to join the V.S. Department of.Mousing and 'Urban (Development in celebrating the 54tht:Anniversary of the Tair Mousing Act of 1968;and Where The fair.Mousing Act enshrined into federal law the fundamental right for all who five in the United States to obtain the housing of their choice,free from discrimination;and Whereas: The T'airMousingAct prohibits discrimination based on race,color,nationalorigin,religion,sex famiftalstatus,and disability in the sale,rental andfinancing of housing;and Whereas: 'Virginia's Fair Mousing Law expands protections foradwho live in the Commonwealth and prohibits discrimination based on elderCness,sexual orientation,gender identity,miuttary status,and source of funds;and 4Mrtereas The proper enforcement of this law requires the ongoing cooperation of all levers ofgovernment, those in the housing industries,and private citizens;and Wismar Throughout the City of Virginia Beach,this spirit of cooperation is made stronger with the support of countless agencies,nonprofits,and community organizations committed to affrmatively 11"1" furtherrngfairhousing;and '6€ reas Promoting equal housing opportunity is the 6edrockof our national Civilhts policy and essential .< to upholling our City's values of promoting justice in all areas of fife,celebrating our diversity,and fostering inclusive communities. Arow,Therefore I,cpdert "Bobby'Dyer,Wayor of the City of Virginia Beach,'Virginia,do hereby Proclaim: )lpri(2022 fair tis g f In Voginis Beach,and I and do urge all citizens to join in creating and promoting fair housing opportunities for aft people. In%tan=144ttrWf I have hereunto set my hand and caused'the Official Seal of the City of'Virginia Beach, Virginia,to be affixed this Nineteenth Day offprit;Two Thousand and Twenty-Two. 64144.- Robert M. Bobby'Dyer Mayor • f S f • - 7 aid_ 60 ITEM— V.H.1 PUBLIC HEARINGS ITEM#72721 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY 25.6+/-acres located off Landstown Road adjacent to the Virginia Beach National Golf Course The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING April 19, 2022 61 ITEM— V.H.2 PUBLIC HEARINGS ITEM#72 722 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND SALE OF EXCESS CITY PROPERTY 20,000 +/-sq.ft. located at 217 Sandbridge Road 23,000 +/-sq.ft. located at 2548 Sandfiddler Road 27,000 +/-sq.ft.portion of sandy beach The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION Ashley McLeod, 2309 Purple Martin Lane, Phone: 748-7084, spoke in SUPPORT James Horne, 2800 Blue Bill Drive, Phone: 540-809-1238, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING April 19, 2022 62 ITEM— V.H.3 PUBLIC HEARINGS ITEM#72723 Mayor Dyer DECLARED a PUBLIC HEARING.• ELECTION POLLING PRECINCT LOCATION CHANGE FOR JUNE ELECTION Central Absentee Precinct to 577 Central Drive The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING April 19, 2022 63 ITEM— V.I FORMAL SESSION AGENDA ITEM#72724 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three(3) minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514—spoke in OPPOSITION to: Ordinances/Resolutions J: 3, 4a, 6, 7, 10, 11, 12, 13a/b, 14, 16a/b and 17a/b Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolution J:3, 4a, 6, 7, 10, 11, 12, 13a/b, 14, 16a/b and 17a/b Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse J. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#4b WILL BE CONSIDERED SEPARATELY ITEM#4c WILL BE CONSIDERED SEPARATELY ITEM#5a WILL BE CONSIDERED SEPARATELY ITEM#5b WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY ITEM#15 WILL BE CONSIDERED SEPARA TEL Y K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY April 19, 2022 64 ITEM— V.J.1 ORDINANCES/RESOLUTIONS ITEM#72725 The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Jones, City Council ADOPTED Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 25.6 +/- acres of City-Owned property located off Landstown Road for up to five (5)years with Dawley Family Farms, LLC Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 25.6+/- 3 ACRES OF CITY-OWNED PROPERTY LOCATED 4 OFF LANDSTOWN ROAD FOR UP TO FIVE YEARS 5 WITH DAWLEY FAMILY FARMS, LLC 6 7 WHEREAS, Dawley Family Farms, LLC, ("Dawley") has leased 45+/- acres of land 8 located off Landstown Road ("Total Premises") for farming purposes since 2017; 9 10 WHEREAS, the City of Virginia Beach ("City") owns 25.6+/- acres of the Total 11 Premises (a portion of GPIN 1494-34-4919) ("City Premises") and the City of Virginia 12 Beach Development Authority ("VBDA") owns the remaining 19.4+/- acres of the Total 13 Premises (a portion of GPIN 1494-17-0763) ("VBDA Premises"); 14 15 WHEREAS, Dawley desires to continue leasing the Total Premises for farming 16 purposes, and is therefore seeking approval from the City to continue leasing the City 17 Premises and will seek approval from the VBDA to continue leasing the VBDA Premises; 18 19 WHEREAS, continuing to lease the Total Premises for farming purposes would be 20 beneficial, because it (i) alleviates the City's and the VBDA's maintenance responsibilities 21 and (ii) keeps the Total Premises from devolving into undesired wetlands; 22 23 WHEREAS, Dawley has agreed to pay rent in the amount of $1,600.00 annually 24 for lease of the Total Premises, with the initial term being prorated as set forth in the 25 Summary of Terms, attached hereto; and 26 27 WHEREAS, for ease of accounting, the entire rent will be paid to the City for lease 28 of the Total Premises. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager, or his designee, is hereby authorized to execute a lease 34 for seven (7) months, with four one-year renewal terms, with Dawley Family Farms, LLC 35 for the City Premises, in accordance with the Summary of Terms attached hereto as 36 Exhibit A, and made a part hereof, and such other terms, conditions or modifications as 37 may be acceptable to the City Manager and in a form deemed satisfactory by the City 38 Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of 41 April , 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Public Work /Facilities Management ' ,.� &�'� City* CA15613 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d001\p037\00794036.doc R-1 April 8, 2022 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach (the "City") and City of Virginia Beach Development Authority (the "VBDA") LESSEE: Dawley Family Farms, LLC, a Virginia limited liability company TOTAL PREMISES: 45+/- acres of land located off Landstown Road (25.6+/- acres owned by the City and referred to as the "City Premises"; 19.4+/- acres owned by the VBDA and referred to as the "VBDA Premises"), together with a right to use an adjacent private access road TERM: Initial Term: May 1 , 2022 — December 31 , 2022, with 4 one-year renewal options (each option: January 1st through December 31st) RENT: $1 ,600.00 annually (approx. $35.55 per acre) for Total Premises, with rent for the Initial Term being prorated. Rent will be paid to the City. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Pay all applicable leasehold taxes. • Use Total Premises for agricultural purposes such as farming, and for no other purpose. • Maintain Total Premises in a good farm-like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements placed upon Total Premises in a safe, clean and orderly condition. • Purchase and maintain insurance coverage acceptable to the Lessor. RIGHTS AND RESPONSIBILITIES OF LESSOR: • VBDA only has authority to lease the VBDA Premises. • City only has authority to lease the City Premises. • Lessor may enter upon the Total Premises without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City and/or VBDA may terminate the lease as to its portion of the Total Premises upon: (a) thirty (30) days' notice if Lessee fails to maintain that portion in a farm-like manner or allows that portion to deteriorate; and (b) ninety (90) days' notice for any reason, subject to a mutually agreed upon sum to cover any planted crop unable to be harvested due to the City and/or VBDA's termination. ,.4," ise — ;. , L --CATI- N __AP fi -- - ' T 4.- �^ a 4i At 1. , '1) 1 . r r , / '4 A if ' YI • .h f..;,.T,.; . 1;40(` • 4 # i , AID. , , ,„ "l: .Y,, . ikligipor I yy 1 ': r• 1. y- iAINO0 ,O t JJ ,,* 1 ±IPA �; + Total Premises 7 'r 11., tI ,,, k , 1. • ; T d .1f t ! I r j 1 f 1 , d�tR � { — ,.i , _ VBDA Premises , , r is '4, Approx.19.4+/-Ac. "' ,� _ � * (Portion of GPIN: r" v r , %' t --_. 1494-17-0763) " Access Road City Premises �" + • r. ...aP.._-• , I. n r (Portion of GPIN: �,_._. ,� � � 1 94 4 491 ,�.,�_ T 44 r t� !� ri. - ',,,,.,.c rip,_ . J ' 11 r Y Y Y ;..:, IIrW 4 �w r,�ti, ,. 1 Total Premises (45+/- Acres) ' �,. '+, �. '• ' ' '~ , rr . frill" '. Access Road (Approx. Location) 1., t • ," 40 a lik Innovation Park s'" il' i • I City Premises (25.6 +/-Acres) ' �, ay 65 ITEM— V.J.2 ORDINANCES/RESOLUTIONS ITEM#72726 The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to DECLARE easements under the sandy beach and continue to the northern parking lot at the Sandbridge Market in EXCESS of the City's needs and AUTHORIZE the sale of the easements to Globalinx Data Center, LLC re offshore data cable landing site Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 ORDINANCE 1) DECLARING EASEMENTS IN EXCESS 2 OF THE CITY'S NEEDS AND 2) AUTHORIZING THE 3 SALE OF THE EASEMENTS TO GLOBALINX DATA 4 CENTER LLC FOR AN OFFSHORE DATA CABLES 5 LANDING SITE 6 7 WHEREAS, Globalinx data center, LLC, a Virginia limited liability company 8 ("Globalinx") has approached representatives of the City of Virginia Beach (the "City") 9 about obtaining easements on City-owned property to land transoceanic subsea data 10 cables (the "Cables"); 11 12 WHEREAS, the Cables would come ashore under the sandy beach at 13 Sandbridge, and continue underground to a vault under the parking lot at the north side 14 of the Sandbridge Market; 15 16 WHEREAS, once constructed, all facilities installed by Globalinx would be 17 underground and would not interfere with the surface use of any of the property 18 encumbered by the proposed easements (collectively, the "Easements"), except for a 19 single manhole to be installed at grade in the Sandbridge Market parking lot; 20 21 WHEREAS, the locations of the proposed Easements are shown on Exhibit 22 A, attached hereto and incorporated herein; 23 24 WHEREAS, the terms and conditions by which the City would grant the 25 Easements are set forth in the Summary of Terms, attached hereto as Exhibit B, and 26 incorporated herein; 27 28 WHEREAS, once installed, the Cables would continue to the right-of-way and 29 then along a route to be determined, via Globalinx's existing franchise agreement with 30 the City, to Globablinx's data center facility in Corporate Landing; and 31 32 WHEREAS, the additional cable landing site would increase digital 33 connectivity in Virginia Beach and support the City's ongoing effort to promote digital 34 industry in the City. 35 36 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 37 Beach, Virginia: 38 39 1 . That the Easements contemplated herein are hereby declared to be in 40 excess of the needs of the City of Virginia Beach. 41 42 2. That the City Manager, or his designee, is hereby authorized to execute 43 any and all documents necessary to convey the Easements to Globalinx, so long as the 44 documents are substantially in accordance with the terms set forth on the Summary of 45 Terms, attached hereto as Exhibit B, and incorporated herein, and such other terms, 46 conditions or modifications as may be acceptable to the City Manager and in a form 47 deemed satisfactory by the City Attorney. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day 50 of April , 2022. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: GPrSi-o-C‘ City Attorney E ono is Development CA15616 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d004\p036\00709051.doc R-1 April 7, 2022 {— `` — •• -- EXHIBIT A • — 1 HoRRC±MTAL i VERTICAL O HORIZONTAL i VERTICAL ili $ FU1ME1'TO. a a!I 1 �°�_� Y wttl saw m xlnrTottr o PROFILE VIA A ye R . I I ELEVA,t0h LN FEET t. Ir 1 ; 1is � g � o � g � - 1 a, _ - -il Oil j�'-`I •oa 83dIdar$s j1 } H :tt: Iii:Wi .... di rn rif- i', 4:• pm wi.74 /.1, sl* ••oik.,16e'. 0 V I IWO Z4 ,:,-' 731 l'"-.441." ' : i 4: .• . ....4:' .4 . L I:7.,_ .,-!,_ , Au ' 44' --,.`14Milt _ I : , li 1 I!?Iil i __Aik„" -, I 4-- '-7-4--,-:-Iii * I I I NW ! -; ' ' .. ICI I§ I III Y 1 i 1 i !It' a air ;, 1 1 $ 1E .. I *'` I' 1 g i 3 ow/ 1I 8 ill, I i • • . _. itli cr o --F • c 's. !till c i.-4 , 0 -, - - „„,.........1.....- 1 . i 0 i ; j t . P , I - I i • i Ig----- ---- ---- wra.scca+t: EIEtANONi4FEET EXHIBIT B SUMMARY OF TERMS GRANTOR: City of Virginia Beach ("City") GRANTEE: Globalinx data center, LLC, a Virginia limited liability company ("Globalinx") APPROXIMATE LOCATION OF EASEMENTS: 20,000 +/-sq.ft. part of GPIN: 2434-11-5201 (217 Sandbridge Rd) 15,500 +/-sq.ft. part of GPIN: 2434-11-7352 (2548 Sandfiddler Rd) 22,700 +/- sq. ft. part of GPIN: 2434-11-8063 (sandy beach) The proposed locations of the easements, including minimum depths, are shown on Exhibit A. Dimensions and location of the Easements will be substantially in conformance with the depiction on Exhibit A and will be finalized based upon the as-built survey of the Facilities(defined below). PURPOSE: Permanent, exclusive easements for the installation, operation and maintenance of underground conduit and cable infrastructure (the "Facilities"). CONSIDERATION: Globalinx to pay: (i) $200,000 for each subsea cable permitted at the time of construction commencement; or (ii) If no cables are permitted when construction commences, $100,000 at construction commencement. When each cable is permitted, a fee of$200,000 will be due, with Globalinx receiving a credit of$100,000 for the first permitted cable. CONDITIONS: • No construction or maintenance of facilities other than for the purposes set forth above will be permitted. • Globalinx Facilities will be entirely underground, except one man-hole cover to be located in the.Sandbridge Market parking lot. City shall retain all beneficial uses and enjoyment of the surface of the property. • Globalinx will obtain all required permits for construction, installation, use and operation of the Facilities. • Construction of the Facilities may commence the day after Labor Day 2022 or later and must be completed by the Thursday before Memorial Day of the following year. • Globalinx shall be responsible for all cost, repair and return of the City's property to the same condition, as nearly as practicable, as it was before the start of construction. • Globallinx shall maintain insurance coverage, naming the City as additional insured and provide proof thereof prior to commencement of construction. ao ' .41.• LOCA . _ p ..... ......___......_...._._._ .........,.... ................_............. .24pe ...._........_____.- MARLIN LN MARLIN LN i „..,....._ II i , 1 I„__ 0 f 2400 494014 *0 0 * 420 j1111 * * /IV/2 - • , 0, * -, 1204,.478 0 *• 204.s 4,1* .70 ..., 320,,03 40 204. 420 - 3Z 308 201 41-‘41'1— IV i - °V1OZ St s 204.in 4204" : <17 i a by .%.; -‘-) '‘v4-307 ailo.. Zoir.... 20 s I , ' 4 If 30 7 I AT Jz I 24 0 , o.,_ _ 4' 03 4. 372 Z04,,, .04402 404 ...SANDBRIDGE RD.. •:.• .- it -1.• GPIN:2434-11-7352 o GPIN:2434-11-5201 r li 217 Sandbridge Rd ..; 1 I^) . •ae, . V • ...1 .• GPIN:2434-11-8063 ..r 4', ZOS ,P 2548 Sandfiddler Rd et „ "......101.11.muir....... ... 01' fil 0 .> :,' 1 Z 0 i 4 ; : a t , lt0 M 2427 )3 24e ,3 S. 0 0 . ti • 4 2 II 66 ITEM— V.J.3 ORDINANCES/RESOLUTIONS ITEM#72727 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE the properties located at 108 Lavergne Lane, 108 Air Station Drive and 112 Air Station Drive to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the properties to the adjoining property owners Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE DECLARING THE 2 PROPERTIES LOCATED AT 108 LAVERGNE 3 LANE (GPIN: 2407-64-9438), 108 AIR 4 STATION DRIVE (GPIN: 2407-54-7530) AND 5 112 AIR STATION DRIVE (GPIN: 2407-54- 6 7527) TO BE IN EXCESS OF THE CITY'S 7 NEEDS AND AUTHORIZING THE CITY 8 MANAGER TO SELL THE PROPERTIES TO 9 ADJOINING PROPERTY OWNERS 10 ii WHEREAS, the City of Virginia Beach (the "City") is the owner of those 12 certain parcels of land located at 108 Lavergne Lane, 108 Air Station Drive, and 112 13 Air Station Drive (collectively, the "Properties") more particularly described on Exhibit 14 "A" attached hereto and made a part hereof; 15 16 WHEREAS, the City acquired the Properties pursuant to the APZ-1 17 Acquisition Program; 18 19 WHEREAS, the City funded the acquisition of the Properties through a 20 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 21 contributing fifty percent (50%)of the funds; 22 23 WHEREAS, the Properties are in the midst of other residences and at the 24 time of acquisition were improved with either single-family or duplex homes; 25 26 WHEREAS, adjoining property owners have requested to purchase the 27 Properties in order to utilize them in a manner compatible with the APZ-1 Ordinance; 28 29 WHEREAS, adjoining property owners desire to purchase the Properties in 30 accordance with the Summary of Terms attached hereto as Exhibit"B" and made a part 31 hereof; 32 33 WHEREAS, the APZ-1 Disposition Committee has recommended that City 34 Council declare the Properties to be in excess of the City's needs and sell the 35 Properties to adjoining property owners; and 36 37 WHEREAS, the City Council is of the opinion that the Properties are in 38 excess of the needs of the City of Virginia Beach. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 That the Properties located at 108 Lavergne Lane, 108 Air Station Drive, 44 and 112 Air Station Drive are hereby declared to be in excess of the needs of the City 45 of Virginia Beach and that the City Manager is hereby authorized to execute any 46 documents necessary to convey the Properties to adjoining property owners in 47 accordance with the Summary of Terms attached hereto as Exhibit "B" and such other 48 terms, conditions or modifications as may be acceptable to the City Manager and in a 49 form deemed satisfactory by the City Attorney. 50 51 Further, that revenue from the sale of the Properties in the amount of 52 $24,518 shall be received, and fifty percent (50%) of this amount shall be deposited for 53 appropriation in future Capital Improvement Program capital budgets in Capital 54 Improvement Project PG#100282 (formerly CIP 9-059), Oceana Interfacility Traffic 55 Area Conformity & Acquisition II, and fifty percent (50%) shall be deposited for future 56 payment by the City Manager to refund the Commonwealth of Virginia's portion in 57 accordance with the grant agreement. 58 59 This Ordinance shall be effective from the date of its adoption. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 62 19 t h day of April , 2022. CA 15433 R-1 03/01/2022 APPROVED A TO CONTENT APPROVED AS TO CONTENT ./(mot bl Work Real Estate Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY Cid.c— City rn 's Offi EXHIBIT "A" GPIN: 2407-64-9438 (108 Lavergne Lane) ALL THAT certain lot, piece, or parcel of land, together with the appurtenances thereunto belonging, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as the western 120 feet of Lot 17, as shown on that certain plat of "WEST OCEANA GARDENS, PRINCESS ANNE CO., VA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at page 83. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach, a municipal corporation, by deed dated August 14, 2014, from Shirley A. Dannenberg, Trustee under the Barbara A. Brinson Living Trust Dated June 19, 2009, recorded in the aforesaid Clerk's Office as Instrument Number 20140822000788940 and by Deed of Correction dated October 14, 2014 and recorded as Instrument Number 20141016000984720. GPIN: 2407-54-7530 (108 Air Station Drive) ALL THAT certain lot, piece, or parcel of land together with the appurtenances thereunto belonging, lying, and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Lot 38", as shown on that certain plat entitled, "PLAT OF OCEANA VILLAGE PRINCESS ANNE CO, VA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 5. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Michael J. Cuffee, dated January 28, 2013, and recorded in the aforesaid Clerk's Office as Instrument Number 201 30201 0001 31 1 30. 1 GPIN 2407-54-7527 (112 Air Station Drive) ALL THAT certain lot, piece, or parcel of land together with the appurtenances thereunto belonging, lying, and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Lot 60", as shown on that certain plat entitled, "PLAT OF OCEANA VILLAGE PRINCESS ANNE CO, VA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 5. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Ronnie Sidwell by deed dated October 17, 2012, and recorded in the aforesaid Clerk's Office as Instrument Number 20121026001245510. 2 EXHIBIT "B" SUMMARY OF TERMS FOR SALE OF THREE CITY-OWNED PROPERTIES 1) Property Located at 108 Lavergne Lane Seller: City of Virginia Beach Buyers: Kevin McKeon Property: 8,982 square feet of property generally known as 108 Lavergne Lane (GPIN: 2407-64-9438) Legal Description: See Exhibit "A" to Ordinance Sale Price: $8,982 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with his adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyer's adjacent property at Seller's expense to vacate interior lot lines. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before April 30, 2025. 2) and 3) Property Located at 108 Air Station Drive and 112 Air Station Drive Seller: City of Virginia Beach Buyers: Janice M. Hicks Property: 7,763 square feet of property generally known as 108 Air Station Drive (GPIN: 2407-54-7530) and 7,773 square feet of property generally known as 112 Air Station Drive (GPIN: 2407-54-7527) Legal Description: See Exhibit "A" to Ordinance Sale Price: $15,536 1 CONDITIONS OF SALE: • Properties are purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Properties for accessory structures, or Buyer may otherwise utilize the Properties for construction in conjunction with her adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Properties with the Buyer's adjacent property at Seller's expense to vacate interior lot lines. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Sale is contingent on Buyer purchasing both 108 and 112 Air Station Drive. • Closing shall be on or before April 30, 2025. 2 ....,..........) EGoCa w cn , _a lit listVia: E. fN/AIIIIII -. , it m 112 Lavergne Lane °�' N' : MINI IS Sii - 2407-64-9515 , .....iiiiiis t MIT 2407-64-9438 Si 1 �- li�� ......\ ..� MINI ti. • `l lin .3 „., It 110,111/4 V3.....# III 4 OW ow ,. al it 4 ilti ,,,,.4, A t . , I." f‘, ' — - -*• ' - 4)*'''441°44** t , 4 ivo * - . Y., ,, l , MOOfir, • SOUTHERN BLVD as m _ MINI. Legend * . i ...MINI. Properties LOCATION MAP City p 1 EXCESS CITY PROPERTY 2407-64-9438 •'0' t 4 108 LAVERGNE LANE � ..' `� GPIN 2407-64-9438 Note: This property is located ,, .: * in AICUZ Noise Zone >_75 dB - * ,, 4, 0 Feet and AICUZ Crash Zone APZ1 P. 0 50 100 200 M N r, , *. W �� - E i:i1i 13 ' •-4 If/Si OK Ci3 e EGOaa ..L ``) 2407-54-7604 2407-54-7527 y- L t . .. . , __._._.,.i 2407-54-7530 r Q STREAMLINE CP, .111111111 LOCATION MAP Legend Ill EXCESS CITY PROPERTY City Properties GPIN's 2407-54-7527 & 2407-54-7530 2407-54-7604 TO BE PURCHASED BY JANICE HICKS GPIN 2407-54-7604 2407-54-7530 2407-54-7527 Feet 67 ITEM— V.J.4a ORDINANCES/RESOLUTIONS ITEM#72728 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections: a. 10-1 re relocate the Central Absentee Precinct for the June 2022 Primary Election to 577 Central Drive and to ADD Section 10-1.2 re office location of Voter Registrar [In person absentee voting to continue at the Municipal Center location, but mailing and processing of ballots to occur at 577 Central Drive] Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE TO AMEND SECTION 10-1 AND 2 TO ADD SECTION 10-1.2 TO THE CITY CODE TO 3 ADDRESS THE CENTRAL ABSENTEE PRECINCT 4 AND THE OFFICE OF THE VOTER REGISTRAR 5 6 SECTION AMENDED: § 10-1 7 8 SECTION ADDED: § 10-1.2 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 1. Section 10-1 of the City Code is hereby amended and reordained and Section 10- 14 1.2 is hereby added to read as follows: 15 16 Sec. 10-1. Establishment of precincts and polling places. 17 18 There are hereby established in the city the following precincts and their respective 19 polling places, as set forth below: 20 21 Precinct Polling Place 22 23 Alanton Alanton Elementary School 24 Aragona Bayside Sixth Grade Campus 25 Arrowhead Arrowhead Elementary School 26 Avalon Fairfield Elementary School 27 Baker Ebenezer Baptist Church 28 Bayside Bayside Elementary School 29 Bellamy Salem Middle School 30 Blackwater Blackwater Fire Station 31 Bonney Princess Anne High School 32 Brandon Brandon Middle School 33 Brookwood Plaza Annex 34 Buckner Green Run Baptist Church 35 Cape Henry Edgar Cayce's Association for Research and 36 Enlightenment 37 Capps Shop Back Bay Christian Assembly 38 Centerville Centerville Elementary School 39 Chesapeake Beach Bayside Baptist Church 40 Chimney Hill Rosemont Elementary School 41 College Park College Park Elementary School 42 Colonial Colonial Baptist Church 43 Colony Lynnhaven Colony Congregational Church 44 Corporate Landing Corporate Landing Middle School 45 Courthouse Kellam High School 46 Creeds Oak Grove Baptist Church 47 Cromwell Landstown High School 48 Culver Ocean Lakes High School 49 Dahlia Green Run High School 50 Dam Neck Corporate Landing Elementary School 51 Davis Corner Bettie F. Williams Elementary School 52 Eastern Shore Eastern Shore Chapel 53 Edinburgh St. Aidan's Episcopal Church 54 Edwin Kempsville Middle School 55 Fairfield Kempsville Presbyterian Church 56 Foxfire Wave Church (Seaboard location) 57 Glenwood Glenwood Elementary School 58 Great Neck All Saints Episcopal Church 59 Green Run Green Run Elementary School 60 Haygood Haygood United Methodist Church 61 Hillcrest New Castle Elementary School 62 Hilltop Freedom Fellowship Church 63 Holland Holland Elementary School 64 Homestead Providence Presbyterian Church 65 Hunt Princess Anne Recreation Center 66 Independence Windsor Oaks Elementary School 67 Indian Lakes Indian Lakes Elementary School 68 Indian River San Lorenzo Spiritual Center 69 King's Grant King's Grant Elementary School 70 Kingston King's Grant Presbyterian Church 71 Lake Christopher New Covenant Presbyterian Church 72 Lake Joyce Morning Star Baptist Church 73 Lake Smith Bayside Church of Christ 74 Landstown Restoration Church at Landstown 75 Larkspur St. Andrews United Methodist Church 76 Lexington Larkspur Middle School 77 Linkhorn Virginia Beach Community Chapel 78 Little Neck Lynnhaven United Methodist Church 79 London Bridge London Bridge Baptist Church 80 Lynnhaven John B. Dey Elementary School 81 Magic Hollow Virginia Beach Moose Family Center 82 Malibu Malibu Elementary School 83 Manor Providence Elementary School 84 Mt. Trashmore Windsor Woods Elementary School 85 Newtown Good Samaritan Episcopal Church 86 North Beach Galilee Episcopal Church 87 North Landing Hope Haven 88 Ocean Lakes Ocean Lakes Elementary School 89 Ocean Park Bayside Community Recreation Center 90 Oceana The Gathering at Scott Memorial United 91 Methodist Church 92 Old Donation Calvary Baptist Church 93 Pembroke Pembroke Elementary School 94 Pinewood Plaza Middle School 95 Plaza Lynnhaven Elementary School 96 Pleasant Hall Emmanuel Episcopal Church 97 Point O'View Point O'View Elementary School 98 Red Wing Seatack Elementary 99 Rock Lake Salem Elementary School 100 Rosemont Forest Rosemont Forest Elementary School 101 Roundhill Salem High School 102 Rudee W. T. Cooke Elementary School 103 Salem Woods Parkway Elementary School 104 Sandbridge Tabernacle United Methodist Church 105 Seatack Mount Olive Baptist Church 106 Shannon Kempsville Elementary School 107 Shelburne Christopher Farms Elementary School 108 Shell Unity Church of Tidewater 109 Shelton Park Shelton Park Elementary 110 Sherry Park Woodstock Elementary School 111 Sigma Red Mill Elementary School 112 South Beach Museum of Contemporary Art 113 Stratford Chase Kempsville Area Library 114 Strawbridge Strawbridge Elementary School 115 Tallwood Tallwood Elementary School 116 Thalia Thalia Elementary School 117 Thoroughgood Independence Middle School 118 Timberlake White Oaks Elementary School 119 Trantwood Great Neck Baptist Church 120 Upton Three Oaks Elementary School 121 Village Thalia Lynn Baptist Church 122 Windsor Oaks Red Church Steeple 123 Witchduck Bayside Presbyterian Church 124 Wolfsnare Wave Church (Old Donation location) 125 Central Absentee Voter Agriculture/Voter Registrar Building 126 Precinct 127 128 For the June 2022 primary election, the Central Absentee Precinct will be 577 Central 129 Drive, and the Municipal Center location of the Office of the Voter Registrar shall remain 130 open to the public during the customary hours required for an office of the Voter Registrar 131 on the day of an election. 132 133 .... 134 135 Sec. 10-1.2. Office of the Voter Registrar. 136 137 The Office of the Voter Registrar shall be the Agriculture/Voter Registrar Building within 138 the Municipal Center. Notwithstanding the preceding, the Voter Registrar may conduct 139 mailing of ballots, receipt of mailed ballots, and other administrative activities that do not 140 involve person-to-person interaction with the public at a second location; provided during 141 those hours an office of the Voter Registrar is required to be open to the public, the 142 Municipal Center location is open and staffed appropriately to provide services to voters 143 and candidates. 144 145 2. The Voter Registrar and the City Attorney are hereby directed to seek a 146 certification of no objection from the Office of the Attorney General using the preclearance 147 procedure provided by Virginia Code § 24.2-129(D). The change to the Central Absentee 148 Precinct shall not be administered unless and until the Attorney General has provided 149 such certification or if 60 days lapses without the Attorney General interposing an 150 objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1 9 tiay of April , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar Att ney's Office CA15751 R-1 March 30, 2022 68 ITEM— V.J.4b ORDINANCES/RESOLUTIONS ITEM#72729 The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION Upon motion by Council Member Branch, seconded by Vice Mayor Wilson, City Council ADOPTED,AS AMENDED, Ordinance to AMEND City Code Sections: b. 21-351, 21-352, 21-353, and 21-354 re residential parking permits Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE TO AMEND SECTIONS 21- 2 351, 21-352, 21-353, AND 21-354 OF THE 3 CITY CODE PERTAINING TO RESIDENTIAL 4 PARKING PERMITS 5 6 SECTIONS AMENDED: §§ 21-351, 21-352, 7 21-353 and 21-354 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 21-351, 21-352, 21-353 and 21-354 of the Code of the City of 13 Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 14 15 Sec. 21-351. Definitions. 16 17 As used in this Division: 18 19 ) Eligible business shall mean a business located on or between the west side of 20 Atlantic Avenue and the east side of Pacific Avenue, from Rudee Loop to 29th Street, or 21 located on Winston Salem Avenue, but only if the business has not been authorized to 22 reduce the required parking of such business. With respect to the east side of Atlantic 23 Avenue, "eligible business" includes only those businesses for which one or more 24 employees were issued, in calendar year 2021, a monthly business parking permit in 25 accordance with this Division. 26 27 (ab) Motor vehicle shall have the meaning set forth in § 46.2-100 of the State Code, and 28 shall also include mopeds and motorcycles, as defined therein. 29 30 (bc) Residence shall mean a single-family dwelling or a dwelling unit, as defined in 31 Section 111 of the City Zoning Ordinance [Appendix A]. 32 33 (ed) Residential area shall mean an area designated on the zoning map of the City as a 34 residential zoning district or an area containing streets primarily abutted by residences 35 or other noncommercial uses, including, but not limited to, schools, parks and churches. 36 37 Sec. 21-352. Designation of residential permit parking areas. 38 39 The City Manager or his designee is hereby authorized to designate as residential 40 permit parking areas street blocks within any residential areas, or part thereof, which is 41 located within one-half mile of a city meter-regulated parking area. 42 43 The City Manager or his designee is hereby authorized to create a resident 44 induction policy for new neighborhoods or street blocks that are located with the 45 residential parking permit regulated area. 46 The City Manager or his designee is hereby authorized to administratively remove a 47 neighborhood or street blocks from the residential parking program when the dominant 48 land use (75% of the parcels) on the street block is no longer used for residential 49 purposes. 50 51 Sec. 21-353. Parking restrictions. 52 53 (a) In any area designated as a residential permit parking area, it shall be unlawful for 54 any person to park or otherwise leave unattended any all-terrain vehicle, bicycle, 55 electric personal assistive mobility device, electric power-assisted bicycle, electric- 56 powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped 57 or similar wheeled device on the street. 58 59 (b) In any area designated as a residential permit parking area, it shall be unlawful for 60 any person to park any motor vehicle on the street between the hours of 8:00 p.m. 61 and 6:00 a.m. unless the vehicle owner has there is affixed to the driver's side 62 exterior surface of the windshield of such motor vehicle a valid residential parking 63 permit; provided, however, that the provisions of this Section shall not apply to 64 emergency or governmental vehicles, to delivery or service vehicles while engaged 65 in such delivery or service, or to vehicles displaying a valid guest pass plainly 66 visible from the exterior of the vehicle. 67 68 Sec. 21-354. Permits generally. 69 70 (a) Following the designation of a residential permit parking area by the City Manager 71 or his designee, the City Treasurer or city's parking management office shall issue 72 annual residential parking permits for the area so designated. One (1) permit shall 73 be issued, upon application and payment of the prescribed fee, if applicable, for 74 each motor vehicle owned by a person residing on a street within the residential 75 permit parking area, or on a street within a residential area that is contiguous to the 76 residential permit parking area as specified in subsection (b). 77 78 (b) An applicant for a permit shall present his motor vehicle registration and operator's 79 license with the application. No permit shall be issued in the event either the 80 registration or operator's license shows an address not within a designated 81 residential permit parking area, unless the applicant demonstrates to the 82 satisfaction of the City Treasurer or city's parking management office that he is, in 83 fact, a resident of such area, or that he is a resident of a residential area which is 84 contiguous to a designated residential permit parking area and in which neither off- 85 street nor nonmeter-regulated on-street parking is available. Any applicant who is a 86 resident of such a contiguous residential area shall, upon receipt of a permit issued 87 hereunder, be permitted to park in the designated residential permit parking area. 88 Registered residential parking permit holders may obtain annual or temporary guest 89 passes by applying to either the city treasurer's office or the city's parking systems 90 management office. Temporary guest passes shall be issued and validated for up 91 to seventy-two (72) hours. 92 93 (c) Monthly business parking permits shall be issued by the 94 city's parking systems management office to businesses licensed to operate in city 95 meter-regulated parking areas. A current valid business license must be presented 96 by the business owner or his designee to the city's 97 parking systems management office at the time a request is made for annual 98 business parking permits. The number of permits issued to a single business shall 99 be limited to the maximum number of employees required to work after 8:00 p.m. 100 e , 101 that do not have on-site parking, whichever is greater. Employees of eligible 102 businesses may purchase 103 employee parking permit passes directly from the city treasurer's office or city's 104 parking management office after verification of employment with an eligible 105 business. Any business that has been authorized to reduce the required parking of 106 such business shall not be eligible for such monthly business parking permits. 107 108 (d) Permits issued pursuant to subsection (a) shall not be transferable, and may be 109 revoked in the event the City Treasurer city's parking management office 110 determines that the owner of the vehicle for which a permit has been issued no 111 longer resides in the residential permit parking area. Upon written notification of 112 such revocation, the holder of the permit shall surrender such permit to the City 113 Treastifec city's parking management office. The willful failure to surrender such 114 permit shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 115 116 (e) Permits issued pursuant to subsection (c) shall be transferable, and may be 117 revoked in the event the city's parking management office City Treasurer's office 118 determines that the number of permits exceeds the allowable number according to 119 the criteria set forth in subsection (c). 120 121 (f) A replacement permit shall be issued upon proof of loss, theft or damage of the 122 original permit, and payment of the replacement fee prescribed in section 21-359 123 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19 t h day of April , 2022. APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney's Office CA15743 R-2 April 6, 2022 69 ITEM— V.J.4c ORDINANCES/RESOLUTIONS ITEM#72730 The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION George Gabriel, 4333 Alfriends Trail, Phone: 619-1638, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Vice Mayor Wilson, City Council DEFERRED TO MAY 17, 2022, Ordinance to AMEND City Code Section: c. 6-30 re fishing on beach during resort season at Little Island Park Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 70 ITEM— V.J.5a ORDINANCES/RESOLUTIONS ITEM#72731 The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Tower, City Council ADOPTED Ordinance to APPROVE and ADOPT a City Council Revised Policy: a. re speakers at City Council Meetings (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Branch, Henley, Holcomb, Jones, Moss, Rouse and Tower) Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCIL MEMBERS BERLUCCHI, BRANCH, HENLEY, HOLCOMB, JONES, MOSS, ROUSE, AND TOWER 1 AN ORDINANCE APPROVING AND 2 ADOPTING A REVISED POLICY PERTAINING 3 TO SPEAKERS AT CITY COUNCIL 4 MEETINGS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council hereby approves and adopts the revised policy entitled "Time 10 Limits for Speakers at City Council Meetings,"dated April 19, 2022, which policy has been 11 exhibited to the City Council, and a true copy of which is on file in the City Clerk's Office. 12 13 Adopted by the City Council of Virginia Beach, Virginia on this 19th day of 14 April , 2022. AP OVED AS TO LEGAL SUFFICIENCY: 6_ nays Office CA15537 R-3 April 12, 2022 le, &.5),,: /.1.:".-;''' ..,-."Nt, ut,i-.*,:34 ..-.3\: a o�R ,:, : City CCouncil o is Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11,2003 Dates of Revisions:September 14,2004 Page 1 of 3 March 27,2007 February 12,2008 March 24,2009 April 19,2022 1.0 Purpose and Need The purpose of this policy is to provide reasonable,workable time limits for speakers at City Council meetings. The need for such a policy was determined by the City Council at its retreat on February 18, 2003. The policy is intended to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings, the value to the City Council of public comment, and the need for the City Council to conduct business in an orderly, expeditious manner. This policy shall not apply to the discussion of agenda items by members of the City Council during City Council meetings or to City Staff members acting in such capacity. 2.0 Time Limits 2.1 Planning Agenda Items (a) Planning Agenda items include rezonings, conditional zonings, conditional use permits, land use plan approvals, code and Comprehensive Plan amendments, nonconforming use resolutions, street closures and any other items for which a public hearing is required pursuant to Chapter 22 of Title 15 of the Virginia Code. (b) The applicant, or representative of the applicant (generally, an attorney, professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes for rebuttal if any opponents of the application have spoken. (1) If there is more than one applicant(as, for example, when both the property owner and proposed developer are applicants) or if the applicant and representative both desire to speak, only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their initial presentation does not exceed ten minutes. (2)Speakers addressing the City Council in a representative capacity shall not be allowed additional time in which to speak on his or her own behalf. (c)All other persons speaking in support of the application shall be allowed three minutes. (d) Opponents of an application shall be allowed three minutes each. In the event the opponents are represented by an attorney, engineer or other professional whose profession includes, as a customary part thereof, appearing before governmental bodies in a representative capacity, such Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11,2003 Dates of Revisions: September 14,2004 Page 2 of 3 March 27,2007 February 12,2008 March 24,2009 April 19,2022 representative shall be allowed ten minutes. In such cases, persons represented shall be encouraged not to provide additional comments. (1)Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more than one representative described in subsection (d), only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their presentation does not exceed ten minutes. (e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other material provided to the City Council during the applicant's rebuttal. 2.2 Non-planning, Legally Required Public Hearings Each speaker at a legally required, non-planning public hearing shall be allowed three minutes to address the subject of the public hearing. 2.3 Consent Agenda The purpose of the consent agenda is to provide a method for the expeditious handling of items, which do not require discussion during the formal session. Any member of the City Council may request an item be pulled from the consent agenda, and items will be pulled from the consent agenda if more than one speaker signs up to speak on the item. A speaker will be allotted three minutes to address any single item on the consent agenda. Any person speaking to multiple items on the consent agenda shall have no more than six minutes irrespective of the number of items on which the person desires to speak. 2,2 2.4 Regular Agenda Items (a) Regular agenda items include all other agenda items at which public comment is allowed. (b) Each speaker, whether or not in a representative capacity, shall be allowed three minutes. 2,3 2.5 Comment on Non-Agenda Items (a) Time shall be allotted after the conclusion of the first formal session of each month for non- televised public comments on non-agenda items. (b) Each speaker, whether or not in a representative capacity, shall be allowed three (3) minutes. No more than three (3) speakers may speak on the same non agenda topic at the same meeting. The first three (3)speakers who register with the City Clerk will be called to speak. (d) If more than three(3)speakers request an opportunity to speak on the same non agenda topic, The City Clerk shall also advise such persons that comments may be submitted at writing at any time for distribution to City Council and that citizens are welcome to contact the City Clerk's Office to register in advance to speak at the following month's meeting. Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11,2003 Dates of Revisions: September 14,2004 Page 2 of 3 March 27,2007 February 12,2008 March 24,2009 April 19,2022 3.0 Timekeeping; Written Material (a)The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2, and shall verbally notify the speaker and presiding officer at the expiration of the time allowed for each speaker. (b) Written comments or other material may be tendered to the City Clerk by any person desiring to do so. 4.0 Modification of Time Limits (a)The presiding officer, with the consent of the City Council, may extend or reduce any of the time limits set forth in Section 2. (b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of members of the City Council. 5.0 Registration of Speakers Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting. The inadvertent failure to do so shall not, however, disqualify any person from speaking. 6.0 Public Notice of Policy In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site, posted outside of the City Council Chambers, and published in the City Council agenda for each regular meeting. 71 ITEM— V.J.5b ORDINANCES/RESOLUTIONS ITEM#72732 The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION Seko Varner, 611 Mase Field Circle, Phone: 932-0177, spoke in OPPOSITION Conrad Schesventer, 811 Sedley Road, Phone: 719-2113, spoke in OPPOSITION Perez Gatling, 965 Baker Road, Phone: 620-8391, spoke in OPPOSITION Clarence Neely, 3811 Magwood Court, Phone: 572-1156, spoke in OPPOSITION Melissa Lukeson, 1884 Wolfsnare Road, Phone:289-9003, spoke in OPPOSITION Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke in OPPOSITION Mabitney Kanu, 6000 Jake Sears Circle#201, Phone:202-855-0856, spoke in OPPOSITION Edward Walls, 5721 Middlebrook Court, Phone: 452-8648, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in OPPOSITION David Leader, 5121 Middlebrook Court, Phone: 451-9117, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Council Member Moss, City Council ADOPTED Ordinance to APPROVE and ADOPT a City Council Revised Policy: b. re Council Member Sponsored Forums and Events (Requested by Council Member Berlucchi)Deferred from April 5, 2022 Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 REQUESTED BY COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE APPROVING AND 2 ADOPTING A REVISED POLICY 3 PERTAINING TO COUNCILMEMBER- 4 SPONSORED FORUMS AND EVENTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That the City Council hereby approves and adopts the revised policy entitled 10 "Councilmember-Sponsored Forums and Events," which has been exhibited to the City 11 Council, and a true copy of which is on file in the City Clerk's Office. 12 13 Adopted by the City Council of Virginia Beach, Virginia on this 19 t tday of 14 April , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15754 R-1 March 30, 2022 (i.r*-0::''' '''''..'e,frt-1 .; fill.3,1.10 e4 .� City Council o is Title: Councilmember-Sponsored Forums and Events Date of Adoption: January 7,2020 Date of Revision: Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to address expenditures and the use of City staff and resources related to forums and events sponsored or requested by individual members of the City Council. 2.0 Policy Events and forums sponsored by individual members of the City Council provide valuable information to our residents and may also provide opportunities for the public to give councilmembers direct feedback about important matters that impact our citizens' lives and wellbeing. The City is fortunate to have a variety of City-owned buildings and facilities that can be used to host such gatherings without additional cost, and members of Council are encouraged to avail themselves of these venues. Members of Council may contact the City Manager's Office to reserve space in a City facility and to request staff assistance, such as the provision of staff with subject matter expertise to attend the meetings, the assistance of staff with meeting planning skills, or staff assistance in publicizing such gatherings. If, however, a member of Council seeks to hold an event at a venue for which a fee must be paid or to hold an event that will entail more than a nominal ($50 or less) out-of-pocket expenditure, such as expenditures for catering or a speaker fee, then the member of Council shall first seek the approval of the City Council before incurring any such expense. Additionally, if a member of Council seeks City staff support in promoting the event through City social media platforms or the City website, mass emails, press releases, speaker coordination, the use of City audio-visual services, the creation or distribution of promotional materials, or other uses of City staff or resources, then the member of Council shall first seek the approval of the City Council of the full scope of services for which the member seeks City staff support. The following procedure shall apply: • If the member seeks to hold an event and there is a departmental co-sponsor that has funds previously appropriated for such purposes, the member may share the purpose of the gathering and the amount of anticipated expenditures with the Council,and the Council may approve the matter by consensus. However, if consensus is not obtained, the event must be approved by an affirmative vote of a majority of the Council. • If the member seeks to hold an event and there is not funding appropriated for such purpose, the expenditure or use of City staff and resources must be approved by an affirmative vote of a majority of the Council. • Notwithstanding any other provision of this Policy to the contrary, if#the member seeks to hold a town hall meeting (such as a district forum or similar event to inform or seek feedback from a member's constituents) in a City building or facility, or non-City venue that the member has already secured and for which there is no facility rental or other fee for use of the venue, City staff may provide the following level of staff support without obtaining the Council consent or vote detailed above: 0 event calendar listing on the City website; Title: Councilmember-Sponsored Forums and Events • Date of Adoption: January 7,2020 Date of Revision: Page 2 of 2 o editing and printing up to 500 total pages of meeting agendas or other printed materials (provided that the documents were either developed by the councilmember or are copies of previously existing records); o event notification emails to constituents whose email addresses have been provided to City staff by the member of Council; o notice to district civic leagues; o district-specific postings to Nextdoor.com or a similar site that segments subscribers by district boundaries; o a Facebook event page and Twitter event notifications, the frequency and extent of which shall be in accordance with practices and policies of the City's communications team; and o staff member attendance at the meeting to provide information or logistical support. If a member seeks additional staff support or the event is not held in a City building or facility, then the member shall obtain the consensus of the City Council or an affirmative vote as detailed above. Nothing in this policy shall prevent a councilmember from participating in an event or forum that is sponsored and paid for by a City department, such as discussing a capital project within the member's district, using funds previously appropriated to that department as part of the normal budget process. Nothing in this policy prevents the Police Department from providing security for a town hall meeting if the circumstances warrant doing so or if another policy requires it. Additionally, for events held in City facilities, this policy does not preclude the use of audio/visual equipment that is already located in the City facility. If the member of Council seeking to hold an event reasonably believes that more than two members of the Council will be in attendance, the member shall notify the Freedom of Information Office and the City Clerk to allow appropriate meeting notification and recordation of minutes. This Policy does not authorize or encourage the use of City-owned buildings and facilities for Councilmember-sponsored forums and events in the 90 days immediately preceding an election if the sponsoring member is on the ballot for such election. 72 ITEM— v.J.6 ORDINANCES/RESOLUTIONS ITEM#72733 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution DESIGNATING May as Mental Health Awareness Month(Requested by Council Member Berlucchi) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 REQUESTED BY COUNCILMEMBER BERLUCCHI 1 A RESOLUTION DESIGNATING MAY AS MENTAL HEALTH 2 AWARENESS MONTH 3 4 WHEREAS, every day, residents of the City and millions of other Americans face 5 the reality of living with a mental illness; 6 7 WHEREAS, with a growing number of people experiencing mental health 8 challenges, people need to join together to fight stigma, provide support, educate the 9 public about the realities of mental illness, and advocate for policies that support people 10 with mental illness and their families; 11 12 WEREAS, there is a nationwide movement to raise awareness of mental health 13 issues by designating May as Mental Health Awareness Month; 14 15 WHEREAS, green is the color used for mental health because it symbolizes the 16 continual awareness of mental health in order to help fight the stigma that is often 17 associated it; 18 19 WHEREAS, three City buildings currently have LED lighting that can be used to 20 illuminate the buildings in colored light, and the illumination of those buildings in green 21 would promote mental health awareness; and 22 23 WHEREAS, those City buildings are scheduled to be illuminated with blue, or blue 24 and white, lights from May 23-31 as a May 31 Remembrance; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby designates May 2022 as Mental Health Awareness 30 Month; and 31 32 That the City Manager is directed to illuminate the Aquarium, the Convention 33 Center, and the Emergency Communications & Citizen Services building with green 34 lighting in recognition of Mental Health Awareness Month from May 1-22, and those 35 buildings will be illuminated with blue, or blue and white, lights from May 23-31 as a May 36 31 Remembrance. Adopted by the City Council of the City of Virginia Beach, Virginia on the 19 t h day April , 2022. APPROVED AS TO LEGAL SUFFICIENCY: - av,401e-ei - --- City Attorney's Office CA15763 R-3 April 13,2022 2 73 ITEM— Y.J.7 ORDINANCES/RESOLUTIONS ITEM#72734 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution re the City of Virginia Beach Community Criminal Justice Board Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 A RESOLUTION REGARDING THE CITY OF VIRGINIA 2 BEACH COMMUNITY CRIMINAL JUSTICE BOARD 3 WHEREAS, the Comprehensive Community Corrections Act of Local 4 Responsible Offenders ("CCCA") and the Pretrial Services Act require that each city 5 that has a community corrections program and pretrial services program also have a 6 community criminal justice board; 7 8 WHEREAS, in 1995, the same year that the above-referenced acts became law, 9 the City Council by resolution established the City of Virginia Beach Community 10 Criminal Justice Board; 11 12 WHEREAS, a revised resolution regarding the Community Criminal Justice 13 Board is needed given changes in state law and the structure of the City. 14 15 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH: 17 That the City of Virginia Beach Community Criminal Justice Board ("CCJB") shall 18 have the powers and duties set forth in the CCCA and the Pretrial Services Act, and it 19 shall operate in accordance with the CCCA Local Community Based Probation 20 Minimum Standards as promulgated by the Virginia Department of Criminal Justice 21 Services; 22 The CCJB members shall be appointed by the City Council and shall include: 23 • a member to represent the City Council; 24 • a general district court judge; 25 • a circuit court judge; 26 • a juvenile and domestic relations district court judge; 27 • a chief magistrate 28 • the Police Chief; 29 • a commonwealth's attorney; 30 • a public defender or an attorney who is experienced in the defense of 31 criminal matters 32 • the Sheriff; 33 • a local educator; and 34 • a community services board administrator; 35 Any officer of the court appointed to CCJB may designate a staff member to 36 represent him or her at meetings of the board, but that person may not serve in that 37 capacity until the City Council has appointed the designee as a member; 38 The City Council may appoint other members to the CCJB, in addition to the 39 ones required above; and 41 Members appointed by City Council shall serve for terms of four years but shall 42 not be subject to the term limits set forth in City Code § 2-3. 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h 44 day of April , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Human Services City Attorney's Office CA15749 R-1 March 25, 2022 74 ITEM— V.J.8 ORDINANCES/RESOLUTIONS ITEM#72735 The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5) years with the Development Authority for property located at 2656 Lishelle Place Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE YEARS WITH THE CITY OF VIRGINIA 4 BEACH DEVELOPMENT AUTHORITY FOR 5 PROPERTY LOCATED AT 2656 LISHELLE PLACE 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 8 parcel of land, with all improvements thereon, located at 2656 Lishelle Place (GPIN: 9 1496-54-4149) (the "Premises"); 10 11 WHEREAS, City staff has identified the Premises as a suitable location to 12 establish an incubator space for new and growing industrial businesses in the City of 13 Virginia Beach; 14 15 WHEREAS, the City of Virginia Beach Development Authority (the "VBDA") 16 already operates a bio-medical incubator and is positioned to operate an industrial 17 incubator at the Premises; 18 19 WHEREAS, a lease for up to five years would allow City Council to retain the 20 decision making authority over the ultimate disposition of the Premises; 21 22 WHEREAS, any user of the Premises would need to be compatible under the 23 City's Zoning Ordinance; and 24 25 WHEREAS, the terms and conditions of the proposed lease of the Premises to 26 the VBDA are set forth in the Summary of Terms, attached hereto as Exhibit A. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 1 . That the City Manager is hereby authorized to execute a lease for a term 32 of up to five (5) years with the VBDA for the Premises, in accordance with the Summary 33 of Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, 34 conditions or modifications as may be acceptable to the City Manager and in a form 35 deemed satisfactory by the City Attorney. 36 37 2. Fifty percent (50%) of all lease revenue received shall be deposited for 38 appropriation in future Capital Improvement Program capital budgets in Capital 39 Improvement Project 100282 (formerly CIP 9-059), Oceana Interfacility Traffic Area 40 Conformity & Acquisition II, and fifty percent (50%) of all lease revenue received shall 41 be deposited for future payment by the City Manager to refund the Commonwealth of 42 Virginia's portion in accordance with the grant agreement. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of 45 April , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY A FORM: Cry Attorney E omic Development APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: /:� udget .Management Services Public Works f Facalbes Management CA15617 R-1 April 8, 2022 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: City of Virginia Beach Development Authority. PREMISES: 16,500+/- square feet of space on a 1.5+/- acre lot located at 2656 Lishelle Place (GPIN 1496-54-4149) TERM: Five (5) years RENT: $1.00 per year PROPOSED USE: Lessee shall use the Premises as an incubator space for new and/or growing companies located in the City of Virginia Beach RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall be responsible for the cost of all normal maintenance and repairs to building. • Lessee shall maintain liability and other insurance to satisfaction of City. • After payment of expenses incurred to maintain the Premises, Lessee shall remit all remaining sums received for rent and use fees to the City. 75 ITEM— V.J.9 ORDINANCES/RESOLUTIONS ITEM#72736 The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Jones, City Council ADOPTED, ALTERNATE VERSION REQUESTED BY COUNCIL MEMBER MOSS, Resolutions to APPROVE a term sheet re redevelopment of Pembroke Mall, and AUTHORIZE the development of definitive project documents Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 ALTERNATIVE VERSION REQUESTED BY MR. MOSS 2 3 RESOLUTION 1) APPROVING A TERM SHEET 4 RELATING TO THE REDEVELOPMENT OF PEMBROKE 5 MALL, AND 2) AUTHORIZING THE DEVELOPMENT OF 6 DEFINITIVE PROJECT DOCUMENTS 7 8 WHEREAS,on behalf of the City of Virginia Beach (the"City") and the City of Virginia 9 Beach Development Authority (the "Authority"), the City Manager and City staff have 10 engaged in extensive negotiations with representatives of Pembroke Square Associates, 11 LLC, a Virginia limited liability company (the "Developer"), and its affiliates, regarding the 12 redevelopment of Pembroke Mall; 13 14 WHEREAS, the proposed project is a mixed-use, multi-level development, 15 consisting of senior housing, retail, residential apartments, a hotel and parking (the 16 "Project"); 17 18 WHEREAS, the Developer and City staff have worked to develop a non-binding 19 term sheet, attached hereto as Exhibit A (the "Term Sheet"), which outlines the 20 comprehensive development plan for the Project, including all public participation; 21 22 WHEREAS, rather than involve the Authority, the City desires to contract directly 23 with the Developer for the construction, acquisition and operation of public parking 24 facilities in the Project; 25 26 WHEREAS, the City's obligations, as outlined in the Term Sheet, would be 27 structured to be paid, subject to annual appropriation, using real estate taxes generated 28 at the Project, with the proposed special service district funds serving as an initial 29 backstop for any shortfalls; and 30 31 WHEREAS, the City Council finds that the Project will stimulate the City's 32 economy, increase public revenues, enhance public amenities and further the City's 33 development objectives for the Pembroke area of the City. 34 35 36 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 1. That City Council hereby approves the Term Sheet between the Authority 40 and the Developer, a copy of which is attached hereto as Exhibit A and made a part 41 hereof. 42 43 2. The City Manager and the City Attorney are hereby authorized and directed 44 to proceed with the development of definitive documents necessary and appropriate to 45 implement the Project substantially as outlined in the Term Sheet. 46 3. The City Manager is directed to present the proposed final definitive project 47 documents to City Council for approval. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day of 50 April , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN : Ci Manager /"/1'2:;)- :2) City Attome CA15621 Avbgov.corriklisl\appEcabons\citylawtycorn32twpdocsk10024430100530612.doc April 15, 2022 R-2 4/19/22-Alternate EXHIBIT A PEMBROKE MALL REDEVELOPMENT TERM SHEET Staff of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") were approached by Pembroke Square Associates and its affiliates(the "Developer") about public participation in the redevelopment of portions of the existing Pembroke Mall. Pembroke Square Associates owns the Pembroke Mall and intends to replace portions of the existing indoor retail and surface parking with a multi-phased project that will expand the commercial tax base in the City and provide additional amenities for the citizens of Virginia Beach. As set forth below, the Developer proposes the development of a mixed-use development project consisting of senior housing, multifamily residential, retail, hotel, and parking uses. The Developer has requested the Authority and the City to publicly participate in the Project (further defined below)primarily in the form of the acquisition of structured parking facilities. In addition, the Developer has requested the establishment of a special service district (as further described below, the "SSD") to offset certain costs related to the public parking facilities and to provide enhanced services within the project area. These forms of participation will allow the Developer to address public parking needs, provide public amenities and dramatically enhance the density and quality of development, consistent with the City's goals in the Town Center area of Virginia Beach. This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Term Sheet is only a summary of the basic terms of a possible transaction, which may be agreed in principle only. Although this Term Sheet identifies many of the material issues, any possible transaction is complex and issues may arise during preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations among the parties will only be as specified in any definitive agreements that ultimately may be approved by City Council, the Authority's Board of Commissioners and the Developer's principals, and executed by all of the parties. Any and all obligations of the City and the Authority are subject to appropriation of sufficient funds to meet those obligations by the City Council of the City of Virginia Beach. Additionally, none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate a transaction or any related documentation or, if such negotiations commence, to continue such negotiations. Nonetheless, by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and their respective willingness to commence negotiation and preparation of definitive documentation toward that end. 1 4/19/22-Alternate 1. Project Description: The project will be constructed in three(3)phases(described below) on 5.273 acres of property currently owned by Developer and operated as the Pembroke Mall (the "Property"). The Developer intends to construct a mixed-use development project containing multiple buildings and use categories generally as described below.The Project will involve demolition of portions of the existing indoor mall, some surface parking and certain existing outbuildings. The following elements will constitute the "Project",with all numbers approximated and subject to refinement: a. Phase I: a 7-story, approximately 158-unit senior living community to be constructed in what is now surface parking at the northeastern corner of the Pembroke Mall. Phase I will be supported by surface parking. The Developer's anticipated investment is approximately$50 million hard cost. b. Phase II. an 12-story multi-use structure with approximately 35,000 square feet of ground floor retail, four levels of parking consisting of approximately 582 spaces (the "Phase II Garage"), and 7 levels of apartments with approximately 329 market rate units. Phase II will be in the area that is currently the central area of the Pembroke Mall. Developer's anticipated investment in Phase II is approximately $2,500,000.00 hard cost for the retail and approximately $66,600,000.00 hard cost for the apartments. The anticipated public investment in the parking in Phase II is approximately $19,674,366.00. Phase II will be a multi-unit condominium with each element of the Phase a separate condominium unit. c. Phase III. A 14-story hotel and parking garage. The parking garage will have 5 levels and approximately 209 spaces (the "Phase III Garage" and, collectively with the Phase II Garage,the"Garages"), and the hotel,built on top of the garage, will be 9 stories and have approximately 209 rooms. Phase III will be adjacent to Virginia Beach Boulevard where a SunTrust bank was located. Developer's anticipated investment in Phase III is approximately$45.8 million hard cost. The public investment in the parking is Phase III is anticipated to be approximately $10,890,000.00. Phase III will also be a multi-unit condominium with each element of the Phase a separate condominium unit. 2. Developer Obligations. a. The Developer will construct,or cause to be constructed,all elements of the Project. All components above are subject to mutual collaborative refinement. b. Developer acknowledges that its proposed private investment, and the proposed uses in the Project are the basis for the level of financial support offered by the Authority. Material deviations in investment or form resulting in a reduction of Developer's private investment could require the public investment be likewise reduced. Alternatively, any increase in Developer's private investment could result in the public investment likewise being increased. 2 4/19/22-Alternate c. The Developer's construction of the Project shall comply with the City Council's Small Business Enhancement Program. In addition,the Developer acknowledges the City Council's 10%minority subcontractor goal and will work with the City to identify and use minority subcontractors to the extent commercially reasonable. (Please provide a copy of the City's Small Business Enhancement Program.) 3. City/Authority Participation. a. To satisfy the expressed need for additional public parking, the Developer shall construct and sell to the City, and the City shall purchase from the Developer, at the completion of the applicable Phase, the Garages. Each to be purchased pursuant to a condominium parking unit purchase agreement in form and substance mutually satisfactory to the City and the Developer.The City shall provide funding for the design,development and construction of the Garages on a pay-as-you-go basis. The City will pay $30,000.00 per space, inclusive of all hard and soft costs except as set forth in Section 3(b) below. Inclusive in the City's costs shall be a development fee for the Garages equal to 2%of the total cost for same. This fee will be payable on mutually agreeable terms. The Garages shall be free and open to the public for a period of 30 years from the date each garage opens. The City shall grant to the Developer a mutually agreeable parking license wherein the Developer, or its successors and assigns, shall have the exclusive right to use a designated number of parking spaces throughout the Project,with the locations and cost of such Parking License to be established in the development documents. b. The Developer shall agree that the Project will be subject to a special assessment established pursuant to a Special Services District("SSD").The initial amount of the SSD is anticipated to be an additional$0.45 to the real estate tax rate. It is anticipated that$5,500,000.00 of the SSD monies will be used to pay for costs of the Garages in excess of$30,000.00 per space, including a total of$1,500,000 in design and development fee costs for the Garages as follows: (a) $ for Phase II and (b) $ for Phase III. The remainder will pay for certain enhanced services at the Project, and for maintenance and upkeep of the Garages. The SSD rate will be set by City Council after consultation with the Developer during the pre-development period described below. c. All obligations of the City to be expressly subject to the City Council appropriating sufficient funds to the Authority to meet its obligations. 4. Guaranty of Assessed Value: As set forth in Section 3 above,the City intends to finance the cost of the Garages with(i) real estate and hotel taxes generated at the Project and(ii)a portion of the SSD monies. It is possible that the the City) will experience a loss of certain of the material benefits of its bargain under the Project(including,without limitation,a material reduction of anticipated tax revenues) if the private elements of the Project do not yield the anticipated assessed values, or if the Phases are not complete within the timeframes set forth below in Section 3 4/19/22-Alternate 5. In consideration of such potential loss, Developer shall cause the entities owning the projects to pay a reimbursement amount (the "RA Amount") sufficient to restore any shortfall in actual taxes to the amounts projected(based on the existing real estate tax rate). The RA Amount will be secured on terms and in a form acceptable to the City. (Please provide a copy of the reimbursement guaranty and there should be separate guaranties for each project.) 5. Proposed Timeline: a. Phase Ito commence construction within 9 months of approval of Project by City Council. Completion within 24 months thereafter. b. Phase II to commence construction within 16 months of approval of Project by City Council. Completion within 26 months thereafter. c. Phase II to commence construction within 16 months of approval of Project by City Council. Completion within 24 months thereafter. 6. Next Steps a. Public briefing of Term Sheet b. Public Comment and City Council vote on Term Sheet c. Development of definitive,binding documents and votes on same. 4 76 ITEM— V.J.10 ORDINANCES/RESOLUTIONS ITEM#72737 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agriculture Reserve Program Easements Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE OF 7 AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 12 within the City; 13 14 WHEREAS, since its inception of the ARP, approximately 10,416 acres of land 15 have been placed under easements restricting development of the land to agricultural 16 uses; 17 18 WHEREAS, the General Assembly, by Chapter 552 of the 2021 Special Session I 19 Acts of Assembly, appropriated $1,000,000 in the fiscal year ending June 30, 2022 to 20 the Virginia Department of Agriculture and Consumer Services ("VDACS") for the 21 continuation of a state fund to match local governmental purchases of development 22 rights program funds for the preservation of working farms and forest lands; 23 24 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS' Office 25 of Farmland Preservation to develop methods and sources of revenue for allocating 26 funds to localities to purchase agricultural conservation easements; 27 28 WHEREAS, VDACS has determined that the City is eligible to receive 29 contributions of funds from VDACS in reimbursement for certain costs the City will incur 30 in the course of purchasing ARP easements; 31 32 WHEREAS, the City and VDACS desire to enter into an agreement wherein 33 VDACS will agree to reimburse the City for certain costs incurred by the City in the 34 course of purchasing ARP easements, up to a cumulative maximum amount of 35 $156,476.00 for a period of two (2) years from the date of the agreement; 36 37 WHEREAS, a copy of the proposed agreement between the City and VDACS, 38 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 39 Consumer Services and The City of Virginia Beach," dated December 31, 2021 (the 40 "Agreement"), is on file in the City Clerk's Office; 41 42 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 43 Exhibit A; and 44 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 49 OF VIRGINIA BEACH: 50 51 That the City Manager is hereby authorized and directed to execute the 52 Intergovernmental Agreement between the Virginia Department of Agriculture and 53 Consumer Services and the City of Virginia Beach, dated December 31, 2021, so long 54 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 55 A and incorporated herein, and such other terms, conditions, or modifications as may be 56 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney, 57 and to take such measures as are necessary or advisable to implement the Agreement. 58 59 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 60 VIRGINIA BEACH: 61 62 That the City Council hereby expresses its appreciation to the Governor, the 63 General Assembly and the Virginia Department of Agriculture and Consumer Services 64 for their continued commitment to the preservation of agriculture within the 65 Commonwealth of Virginia and the City of Virginia Beach. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day 68 of Ap r i 1 , 2022. Approved as to Content: Approved as to Legal Sufficiency: LUC a'Ait,-/6A) Dept. of Agriculture City Attorney CA15607 \vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d023\p032\00564753.doc R-1 April 6, 2022 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach(the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $2,052,536.95 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 2/07/17 - 86,950.00 2/20/18 - 61,615.23 6/6/19 - 111,618.52 2/18/20 - 58,333.00 City is now eligible to receive an additional $156,476.00 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $156,476.00 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2021 through December 31 , 2023). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 77 ITEM— V.J.11 ORDINANCES/RESOLUTIONS ITEM#72738 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing one-half of an unimproved portion of Holly Road adjacent to 40149t'`Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING ONE-HALF OF AN 4 UNIMPROVED PORTION OF HOLLY ROAD 5 ADJACENT TO 401 49TH STREET 6 7 WHEREAS, on May 4, 2021, the Council of the City of Virginia Beach acted upon 8 the application of George Randolph Webb, Jr. and Lelia Graham Webb (the 9 "Applicants") for the closure of approximately 3,125 sq. ft. of an unimproved portion of 10 Holly Road, adjacent to their property located at 401 49th Street (GPIN: 2418-78-8383); 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3653A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 May 3, 2022; and 15 16 WHEREAS, on April 5, 2022, the Applicants requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on May 4, 2021 (ORD-3653A), upon application of George Randolph Webb, Jr. 24 and Lelia Graham Webb, is extended to May 3, 2023. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 19 t h day 27 of April , 2022. 28 29 No GPIN Assigned (Right-of-Way) 30 Adjacent GPIN: 2418-78-8383 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: ICC"/LertAi City Att r y Planning Department CA15619 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d005\p041\00794344.doc R-1 April 6, 2022 78 ITEM— V.J.12 ORDINANCES/RESOLUTIONS ITEM#72739 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to APPOINT Lauren Hopkins to the position of Deputy City Clerk II, effective April 14, 2022 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 A RESOLUTION APPOINTING LAUREN HOPKINS TO 2 THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Lauren Hopkins is hereby appointed to 8 the position of Deputy City Clerk II, effective April 14, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day of April , 2022. AP ROVED A O CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &"ril4;t4 City Cler City Attorney's Office CA15761 R-1 April 7, 2022 79 ITEM— V.J.13a ORDINANCES/RESOLUTIONS ITEM#72740 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the Virginia Department of Transportation (VDOT)ACCEPT: a. additional streets for Urban Maintenance Payments Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 3.76 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests that the Virginia Department of Transportation 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19thday of April , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works C. o ice CA15755 R-1 March 31, 2022 I Jo t and ZZOZ`ZZ QargW`Alsinan,I 9L'£ :3a4.Us Mam Jo sajyk amyl isloy swap TvOO'I 0 salmi augq mu, ti£.0 1U S rill'Nv.Lvosa Na STJIH NVIVOIIo HU 3zlva VIN1O21IA 1V001 Z£'0 0N3 av3a N 0N3 0V30 S AV 3a1s32I1 S 1VDO1 8I'0 DVS RI 1110 M 11a 311V0 VINIO2IIA a21 NV.LOD3S 1YDo1 90'0 aNa avaa a as 2C3AMa 1a Noma 1V001 bi'0 DVS-a0-ino s a2l wa&ni NVIQNI 1110 3Y013311 1VDO1 Or O UN3 uV30 S (12I oNIaNv7 SaLVo .LD MVS3VN3,1 1VDO1 Z6'0 DVS 301113 S a21)133N}1VG 010 (N IMMO 1V001 17Z.0 (11,13 aV3a 3 UN)001,9300M J3 Tm1sraa -1V001 09'0 DVS 301110 N ID 11TASRIU ID 11Ixsutta wool 9CO (P3 avaa a UA1g 11100E1 1V113N3o aft Not.LV.Ls)1031,1 Nina 1V001 OZ'0 DVS-3G-If10 S AM?td OWf1IIN ID SS32IdAD DM 1VDO1 STUN 314V'I 01 NIOUIli 13321IS ad+Z win 10 s MOM saopluadp/niaoM aRgnd s aa.� ►? �a i N y •cirriX►1 gasag s!UIa!A Jo 40 • • 80 ITEM— V.J.13b ORDINANCES/RESOLUTIONS ITEM#72741 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the Virginia Department of Transportation (VDOT)ACCEPT: b. corrections to the road inventory for Urban Maintenance Payments Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached), resulting in a net increase of 1.50 (Local/Collector) lane miles; 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved these corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests that the Virginia Department of Transportation 25 accept the corrections listed on Exhibit B, attached hereto and incorporated by 26 reference, and begin paying urban maintenance payments to the City of Virginia Beach 27 based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day of April , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. Public Works Cit or 's Office CA15756 R-1 March 31, 2022 City of Virginia Beach Exhibit B - Changes Public Works/Operations Additions/Replaced deletions Street T)pe STREET FROM TO LANE MILES LOCAL BILTMORE DR SEDGEWICK DR CAMBRIDGE DR 1.12 LOCAL COMMUNICATIONS CIR SHELL RD PRIVATE PROPERTY 0.06 LOCAL MAC ST SOUTHERN BLVD N DEAD END 0.64 LOCAL PRICE ST MAC ST STANDARD LN 0.32 LOCAL QUAIL POINT RD LINDSLEY DR E CUL DE SAC 0.88 LOCAL SURFSIDE AVE VIRGINIA DARE DR S DEAD END 0,88 LOCAL WHITEHURST LANDING RD PROVIDENCE RD(WB) N CUL-DE-SAC 1.10 Total Lane Miles of LOCAL streets: - L Total Lane Miles of Additions/Replaced deletions: 1Q 1 Deletions/To be replaced Street T)pc STREET FROM I U LANE MILES LOCAL BILTMORE DR CAMBRIDGE DR WESTMINISTER DR -0.56 LOCAL COMMUNICATIONS CI SHELL RD W DEAD END -0.12 LOCAL MAC ST WITCHDUCK RD N 0.07 S WITHCHDUCK RD -0.14 LOCAL MAC ST 0.07 S WITCHDUCK RD ROUSE DR -0.50 LOCAL PRICE ST ROUSE DR CUL-DE-SAC -0.26 LOCAL QUAIL POINT RD LINDSLEY DR CUL-DE-SAC -1.20 LOCAL SURFSIDE MACEIIILL ST VIRGINIA DARE DR -0.32 LOCAL WHITEHURST LANDING RD BEAUCHAMP LA CUL-DE-SAC -0.40 Total Lane Miles of LOCAL streets: -330 Total Lane Miles of Deletions/To be replaced : -3 50 Tuesday,March 22,2022 Page 1 of 1 81 ITEM— V.J.14 ORDINANCES/RESOLUTIONS ITEM#72742 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AWARD a $5,000 Community Services Micro-Grant to Virginia Beach Fire Foundation re Child Passenger Safety (CPS) training programs,public education, and child safety seat check-up events Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE AWARD A $5,000 COMMUNITY 2 SERVICES MICRO-GRANT TO VIRGINIA BEACH FIRE 3 FOUNDATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $5,000 Community Services Micro-Grant is awarded to Virginia Beach Fire 9 Foundation for training programs, public education, and child safety check-up events. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of April , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B d et anti ana ement Services or Y's ffice CA15758 R-1 April 6, 2022 82 ITEM— V.J.15 ORDINANCES/RESOLUTIONS ITEM#72743 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Vice Mayor Wilson, City Council ADOPTED Ordinance to APPROPRIATE$550,000 from Parking Enterprise Fund Balance to FY2021-22 Economic Development Operating Budget re Pilot Project for Micro-transit Services in the Resort Area Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE TO APPROPRIATE $550,000 FROM 2 THE FUND BALANCE OF THE PARKING 3 ENTERPRISE FUND TO UNDERTAKE A PILOT 4 PROJECT FOR MICROTRANSIT SERVICES IN THE 5 RESORT AREA 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $550,000 is hereby appropriated from the fund balance of the Parking 11 Enterprise Fund, with revenue increased accordingly, to the FY 2021-22 Operating 12 Budget of the Department of Economic Development to undertake a pilot project for 13 microtransit services in the Resort Area. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 9 t h day of April , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � I ii-t..ciCigetttnta'nagement Services Ci me Office CA15753 R-1 March 30, 2022 83 ITEM— V.J.16a ORDINANCES/RESOLUTIONS ITEM#72744 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $8,868 donation from the Virginia Beach Library Foundation to FY2021- 22 Libraries Operating Budget re purchase equipment for the Edgar T. Brown Local History Archive Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $8,868 FROM THE VIRGINIA BEACH LIBRARY 3 FOUNDATION FOR THE EDGAR T. BROWN LOCAL 4 HISTORY ARCHIVE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $8,868 is hereby accepted from the Virginia Beach Library Foundation and 10 appropriated, with miscellaneous revenue increased accordingly, to the FY2021-22 11 Operating Budget of the Virginia Beach Public Library to purchase equipment for the 12 Edgar T. Brown Local History Archive. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of April , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ietanaement Services Ci orn y's Office CA15752 R-1 March 30, 2022 84 ITEM— V.J.16b ORDINANCES/RESOLUTIONS ITEM#72745 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. Surplus Funding from the Virginia Department of Transportation(VDOT) re Capital Project #100529 "Elbow Road Extended Phase II-B" and TRANSFER local funding to roadways projects within the FY 2021-22 from Capital Improvement Program Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION TO CAPITAL PROJECT #100529, 4 "ELBOW ROAD EXTENDED PHASE II-B" AND TO 5 TRANSFER LOCAL FUNDING FROM CAPITAL PROJECT 6 #100529, "ELBOW ROAD EXTENDED PHASE II-B" TO 7 ROADWAYS PROJECTS WITHIN THE FY 2021-22 8 CAPITAL IMPROVEMENT PROGRAM 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 1) $2,369,289 in surplus RSTP funds is hereby accepted and appropriated to Capital 14 Project #100529, "Elbow Road Extended Phase II-B," with revenue from the 15 Commonwealth and federal governments increased accordingly; 16 2) $400,000 in locally funded appropriations to date are hereby transferred from 17 Capital Project #100529, "Elbow Road Extended Phase II-B," to Capital Project 18 #100246, "Lenser Bridge Replacement;" 19 3) $400,000 in estimated revenue from the Commonwealth is hereby reduced from 20 Capital Project #100246, "Lenser Bridge Replacement," based on actual revenue 21 collection from the State; and 22 4) $1,969,289 in locally funded appropriations to date are hereby transferred from 23 Capital Project #100529, "Elbow Road Extended Phase II-B," to Capital Project 24 #100383, "Shore Drive Phase IV." Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of April , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget d Management Services C ttor ey' Ccffit6c CA15757 R-1 April 4, 2022 85 ITEM— V.J.17a ORDINANCES/RESOLUTIONS ITEM#72746 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: a. $130,000 to the Office of Emergency Management's FY2021-22 Operating Budget re personnel expenses Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE TO TRANSFER$130,000 TO THE OFFICE 2 OF EMERGENCY MANAGEMENT FOR PERSONNEL 3 EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 (1) $90,019 is hereby transferred from Capital Project #100392, "City Security 9 Enhancements," to the FY2021-22 Operating Budget of the Office of 10 Emergency Management to cover personnel expenses related to the Security 11 Program Manager's salary and fringes; and 12 13 (2) $39,981 is hereby transferred from salary savings in the General Fund to the 14 FY2021-22 Operating Budget of the Office of Emergency Management to cover 15 personnel expenses. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of April , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2-YcLi Budget d Management Services i y Att rney's Office CA15759 R-1 April 6, 2022 86 ITEM— V.J.17b ORDINANCES/RESOLUTIONS ITEM#72747 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: b. $233,843 to Department of Emergency and Communications and Citizens Services re replacement computers Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 1 AN ORDINANCE TO TRANSFER $233,843 TO THE 2 DEPARTMENT OF EMERGENCY 3 COMMUNICATIONS AND CITIZEN SERVICES TO 4 PURCHASE REPLACEMENT COMPUTERS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $233,843 is hereby transferred within the General Fund to the Operating Budget 10 of the Department of Emergency Communications and Citizen Services to purchase 11 approximately 60 new workstations. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 th day of April , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS LEGAL SUFFICIENCY: Budget an Management Services Ci tt rney's Office CA15760 R-1 April 6, 2022 87 ITEM— VK.1 PLANNING ITEM#72748 The following registered to speak: R. J. Nutter, Attorney representing Applicant, 222 Central Park Avenue, Phone: 687-7502, spoke in SUPPORT Greg Rogers, 5010 Young Street, Phone: 373-5287, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Melanie Tuel, 4707 Donelson Road, Phone: 737-0655, spoke in SUPPORT Upon motion by Council Member Jones, seconded by Vice Mayor Wilson, City Council APPROVED,AS CONDITIONED,Application of NORTH INDEPENDENCE STORAGE,LLC/WELLS FARGO for a Conditional Use Permit re mini-warehouse at 1612 Independence Boulevard DISTRICT 9 (formerly District 4—Bayside)Deferred from April 5, 2022 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NORTH INDEPENDENCE STORAGE, LLC / WELLS FARGO for a Conditional Use Permit re mini-warehouse at 1612 Independence Boulevard (GPIN 1479239414) DISTRICT 9 (formerly District 4—Bayside) The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "OCEAN STORAGE—INDEPENDENCE", dated February 24, 2022, April 7, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size, materials to the submitted elevations entitled "OCEAN STORAGE", dated March 3, 2022, April 7,2022,prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "OCEAN STORAGE—INDEPENDENCE", dated February 24, 2022, April 7, 2022, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. When the property is redeveloped, the existing freestanding sign shall be in substantial conformance with the sign rendering entitled "OCEAN STORAGE", dated January 25, 2022, prepared by RBA Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. April 19, 2022 88 ITEM— V.K.1 PLANNING ITEM#72748 (Continued) 5. One of the two existing access points on Independence Boulevard shall be closed and be restored with curb, gutter, and sidewalk installation. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet, except as noted below in c. c. Only motion activated lighting fixtures shall be installed on the rear façade along the northeastern property line that abuts the apartment district and shall be installed no higher on the rear of the building than ten (10)feet from the ground elevation. 8. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9)of the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19"day of April Two Thousand Twenty Two. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 09.17 SLE OOE SZZ 091, 9L9'LE 0 laaj Bupprie 6uiuoZ s paenalnos aauapuadapul z 1.91, suo6AIod ApadoJd .,�I •.A' 31-1 `a6e ohs aauapuadapul LPoN a},S KA x \\\\ - >--,0 )01,11/ 01•U 0443 y N' - 79 1 \ =- 0 5,)k), Z O Z O� o `o o O / o, V:t\:16' 2O o o V5 l� C zs �, .( ' /)z O00 oCS31>al:, IV a 0.- / \ ' ^ -\7 o #0:;s4e/ 0,,,\ / k) '$, 0 '').6: \c6, \ c.,2 ,,7z \ \\,_) -4,0 0 o ' ''0 0 ' \ , 0 a ) . 1 . \\\\ ,, 0 c:00 441 ' C51ei �, �►' J-7 i v‘ 0\N\ "" ; 00 Z7 ,> 00--r9_vw 0„0y.4r, ,_.',,,0-N_,0- 9 9- #41, *w V- vA._ f. i zu ':N:NN-4 4l / ///,, ,_ , ��► o Z e d , _ Z8 p e' 5'121 ♦ 1 , igo, __ if *I on r UV-F.: 0 a0 0 Z1: Z kv,,z -'_--_ ad 'N N o . 0 A, e& ' ,444*,, - ' ?' 1,011'; ' - \\ / ' . 0 .„_* .... ,os L.ei 4** - '04% FP V J � o 0Z8 N 44 W N 64 44 W t 64 ti O UO O p 61 64 � � ci. W qW '' O OP UpWpOO W Wp O, ..„ � `'014 Pt;i4 ',e, 7; C.) Z 2, il ErA W a � �. '` OO O ,i' ,,,, c, ,, � O � � PIW ° WE `� � ~ o4o � o � 4 � cCb w � g � A o � U � oU � o ►ao•CN zx A oo w g a ii o W w " o o � � a mg � AWtW � � � � a � N[. O � t., og44 ''C , W O6, O 41UAc, o 4t C.) 0 (4i * WW '4 � � ti � � `' �CUN -' to4 A � � � U � a � q � � W � �W qp � A ya� ;44 Zo W �� gA ' -CWUE. ,� raq r El Wr nppF AO O � z o 0 Ni. O 0 U N W A . O U ~' O w o i � U 90 ITEM— V.L APPOINTMENTS ITEM#72750 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: STEPHEN SANDOVAL (Representing CPA) Three year term 6/1/2022—5/31/2025 AUDIT COMMITTEE Voting.• 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 91 ITEM— V.L APPOINTMENTS ITEM#72751 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: CAL BAIN (Public Defender) TANYA BULLOCK (Circuit Court Judge) AFSHIN FARASHAHI (General District Court Judge) PHILIP HOLLOWELL (Juvenile and Domestic Relations District Court Judge) PAUL NEUDIGATE (Police Chief) STACEY O'TOOLE (Community Services Board Supervisor) MICHAEL C.POULSON (Chief Magistrate) COLIN STOLLE (Commonwealth Attorney) KENNETH STOLLE (Sheriff) KAY THOMAS (Local Educator) GUYK. TOWER (Council Member) Four year term 4/19/2022—3/31/2026 COMMUNITY CRIMINAL JUSTICE BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 92 ITEM— V.L APPOINTMENTS ITEM#72752 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: N.D. "ROCKY"HOLCOMB (Council Member) Three year term 4/19/2022—3/31/2025 GREEN RIBBON COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 93 ITEM— V.L APPOINTMENTS ITEM#72 753 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: JAKETA R. CLARK-THOMPSON FRANCIS KNIGHT THOMPSON Two year term 6/1/2022—5/31/2024 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 94 ITEM— V.L APPOINTMENTS ITEM#72754 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: JAMES MA URY HILL JOSEPH WALTON Three year term 6/1/2022—5/31/2025 OPEN SPACE ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 95 ITEM— V.L APPOINTMENTS ITEM#72755 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ROBERT HARDEGEN (Representing Bayside District-4) Unexpired thru 8/31/2023 PARKS AND RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 96 ITEM— V.L APPOINTMENTS ITEM#72756 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: MICHAEL CLEMONS (Representing Centerville District- 1) Unexpired term 6/10/2022—1/31/2024 PLANNING COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron R. Rouse April 19, 2022 97 ADJOURNMENT ITEM#72757 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 9:33 P.M. Terri . helius Chief Deputy City Clerk A da arne MC Robert M. Dyer City Clerk Mayor April 19, 2022