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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 6, 2022
Mayor Robert M.Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, City
Hall, on Tuesday, September 6, 2022, at 2:30 P.M
Council Members Present:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D.
"Rocky"Holcomb, Delceno C. Miles, John D. Moss, Aaron R. Rouse,
Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
2
CITY COUNCIL'S BRIEFING
PARKS AND RECREATION SPORTS MANAGEMENT UNIT OVERVIEW
ITEM#73192
2:31 P.M.
Mayor Dyer welcomed Michael Kirschman, Director—Parks&Recreation. Mr. Kirschman expressed
his appreciation to City Council for their continued support:
Parks & Recreation: WC
MI
Sports Management — —
Unit Overview
4----.. -)i
- ''''- i-;',.': - . .
Michael Kirschman =
August 23, 2022
City Council Workshop
Here is an Overview of P&R Specialized Units:
OVERVIEW: P&R SPECIALIZED UNITS
Sports Management-one of the P&R specialized units focusing on a Core Service area
Other units include:
• Aquatics
• Fitness&Wellness
• Out-of-School Time/Child Care '` '., -
• Park Events, Programs and Special Use Facilities trot- .
s W
• Recreation Center Services/Member Services A « . i
• Therapeutic Recreation and Inclusion Services
• Youth Opportunities Office
1.IMP IOW
PARKS&
RECREATION
September 6, 2022
3
CITY COUNCIL'S BRIEFING
PARKS AND RECREATION SPORTS MANAGEMENT UNIT OVERVIEW
ITEM#73192
(Continued)
Here is an Overview of Sports Management:
OVERVIEW: SPORTS MANAGEMENT
CITYWIDE ATHLETICS
• Youth and adult athletic leagues
CITYWIDE FIELD SCHEDULING
• Includes all Park and School fields/courts
PAAC&CITY VIEW PARK
• Mix of tourism events and local league play
FACILITY RENTALS
CONTRACT MANAGEMENT
• Golf courses,VB pickleball,Sportsplex,etc.
PARKS&
3 Perks 8 Recreation Department J August 23.2022 J Sports Management Unrt Overview RECREATION
ATHLETIC LEAGUES
Over •ast 5 ears,over 25 000 •artici•ants across 1 880 tea =
SEASONS
WINTER:Youth Basketball I FALL:Adult Co-ed Sand Football,Adult/Youth Softball,Youth Flag Football and Volleyball
SPRING:Adult Co-ed Sand Football,Adult/Youth Softball,Youth 7v7 Football Passing League,Youth Volleyball
RECREATION ASSOCIATIONS
13 geographic areas for P&R youth sports citywide;Ages 10-18;
Reliant on cooperative efforts from volunteer Chair and Association to organize programs,farm leagues/baseball
. . ....... .. .......
PARKS&
RECREATION
September 6, 2022
4
CITY COUNCIL'S BRIEFING
PARKS AND RECREATION SPORTS MANAGEMENT UNIT OVERVIEW
ITEM#73192
(Continued)
Here is an overview of Volunteer Coaches:
VOLUNTEER COACHES
IDENTIFICATION, BACKGROUND CHECKS&TRAINING
• Safety and well-being
• Process standardization
VIRGINIA R[ACM
• Visual means of identifying authorized volunteers/coaches - PARKS&
• Mandatory training required RECREATION
inaMENNEEZMINI
$h.nnon Noon
VOLUME
• -450 background checks run annually C4--•
• -10-20 denied/disqualified volunteer requests annually
• -375 ID cards issued annually
• -10-12 junior assistant coaches per year
•
PARK
rDepartment5 Pa:ka&Recreation Department 1 August 23,20221 Sports Management U.Overview Q
RECREATION
Here is, "Field Allocations":
FIELD ALLOCATIONS
75+VBCPS Elementary School and City
Park locations allocated annually, some with
multiple facilities
• Multi-purpose fields,baseball/softball
diamonds,gymnasiums,tennis courts,etc.
• Games/practice utilization by recreation ` I ` 'r• •'� -•'� .•
associations and recreation-level independent
youth athletic organizations
PARKS
6 Park:&Reaeetton Department Aupuet 23.2022 i Sports Management Una Overview - RECREAr IO
September 6, 2022
5
CITY COUNCIL'S BRIEFING
PARKS AND RECREATION SPORTS MANAGEMENT UNIT OVERVIEW
ITEM#73192
(Continued)
The next two (2)slides provide an overview of Athletic Facilities:
PRINCESS ANNE ATHLETIC COMPLEX (PAAC) & CITY VIEW PARK
PAAC
• Lighted Ball Diamonds(8;Mar-Nov)
• Multi-purpose fields(4 synthetic,
year-round:4 grass)
CITY VIEW -
• Lighted Ball Diamonds(4;Mar-Nov) �:''
• Multi-purpose Field(1 grass)
7 DAYS/WEEK OPERATION
• Restrooms j parking I food vendors I variety of sports
• Partner with CVB Sports Marketing for Tournaments and Events
• FY22:20 major events-40k attendees,17k room nights,$15M impact
PARKS&
7 Perks 8 Reaeaton Department August 23 20221 Sports Management Und Overview RECREATION
ATHLETIC FACILITY RENTALS
PARK FIELD RENTALS
• Multiple Locations:Ball Diamonds and Multi-purpose/Practice Fields
TENNIS COURT RENTALS
• 24 Reservable Courts at(3)Parks: Lark Downs, Bayville Farms, Lynnhaven
PAAC and CITY VIEW
SCHEDULING
• Repairs/maintenance for lighted fields/courts
ARM 4141P
PARKS&
September 6, 2022
6
CITY COUNCIL'S BRIEFING
PARKS AND RECREATION SPORTS MANAGEMENT UNIT OVERVIEW
ITEM#73192
(Continued)
Here is an overview of Contract Management(leased City facilities):
CONTRACT MANAGEMENT (leased City facilities)
GOLF COURSES ,' `�_ ^.
• Bow Creek * `; ' _
• Kempsville Greens 4-
• Red Wing Lake il4:b;'4;,r, +
• Stumpy Lake _ t
I
ATHLETIC FACILITIES ` . ,.-,-, , • 23�",_.
• VB SportsPlexe.7., tin
• Hampton Roads Soccer Complex '�"'; t !u
• 6 Youth Baseball Facilities
I ti_'A5F''FLIW>pyR:(M; FC TcNN6 CN,:cF 3
• Pickleball VB(formerly Owls Creek Tennis Center)
9 Parks&Recreation Department I August 23.20221 Sports Management Unit Oversee,
Here is the Staffing flow chart:
STAFFING COORDINATOR
SUPERVISOR ADMINISTRATIVE Athletic
Athletic Leagues/Fiel TECHNICIAN Complexes/Facility
Allocations
Operations
PART-TIME STAFF 1 PART-TIME STAFF
RECREATION - RECREATION RECREATION
2 of 3 filled 1 of 3 filled
SPECIALIST II SPECIALIST II SPECIALIST II
33%Vacant 66%Vacant
PART-TIME STAFF PA T-IM PART-TIME STAFF
RECREATION RECREATION
1 of 8 filled 3 of 8 filled 1 of 5 filled
SPECIALIST I SPECIALIST
87.5%Vacant 62.5%Vacant 80%Vacant
PART-TIME STAFF 1 PART-TIME STAFF
0of4filled 1of4filled
100%Vacant 75%Vacant
as of)une 2022
September 6, 2022
7
CITY COUNCIL'S BRIEFING
PARKS AND RECREATION SPORTS MANAGEMENT UNIT OVER VIEW
ITEM#73192
(Continued)
Here is a summary of Challenges:
CHALLENGES
STAFFING
• 75%PT vacancy rate,lack of Volunteer Coaches,temp staff unavailable
• To provide current level of services&successes:overtime, borrowing staff
from other areas of operation(that are also short-staffed),burn-out occurring
REFEREES/OFFICIALS
• Lack of officials,not bidding on contracts, impacting various leagues
LEAGUE/TOURNAMENTS IMPACTS
• Cancellations, Refunds,Capping Fields/Teams,Reducing maxes&number
of simultaneous events
1.1 Parks 8 Recreation Department(August 23.20221 Sports Management Unit Overview RECREATION
Questions?
Thank you
PARKS
12 Paris A Recreation Department August 23.2022I Sport:k'anage' M J.Overwe J • s Q }
Mayor Dyer expressed his appreciation to Mr. Kirschman for the presentation.
September 6, 2022
8
CITY COUNCIL LIAISON REPORTS
ITEM#73193
3:05 P.M.
Council Member Henley advised the Coastal Resiliency Committee(CRC), a subcommittee of the Hampton
Roads Planning District Commission (HRPDC), met last week to discuss funding and resiliency issues
which will be included in their legislative package this year. Council Member Henley advised the CRC is
waiting on the application results from the 3rd round of Community Flood Preparedness Fund which has
sixty-four (64) applications totaling $91-Million in requested funding. Council Member Henley further
advised the state is planning to develop a work group to meet resiliency efforts and has asked the HRPDC
to participate; Council Member Henley encouraged the City's participation in providing comments.
September 6, 2022
9
CITY COUNCIL LIAISON REPORTS
ITEM#73194
(Continued)
Council Member Branch advised the issue concerning the U.S.S.Iowa moving to Joint Expeditionary Base
Little Creek-Fort Story came before the Resort Advisory Commission (RAC); however, they determined it
was not a RAC issue. Council Member Branch requested the issue be referred to the appropriate
Committee.
Vice Mayor Wilson advised it should be referred to the Historic Preservation Commission.
September 6, 2022
10
CITY COUNCIL LIAISON REPORTS
ITEM#73195
(Continued)
Council Member Moss advised the Virginia Beach Community Development Corporation (VBCDC) has
found a location to meet the needs for housing and mental health services and complimented the VBCDC
on a great job.
September 6, 2022
11
CITY COUNCIL LIAISON REPORTS
ITEM#73196
(Continued)
Council Member Moss advised today's Agenda includes an item for the Active Transportation Advisory
Committee (ATAC) to direct the City Manager to submit a grant application re the Virginia Beach Trail
and expressed his appreciation to the Body for their support.
September 6, 2022
12
CITY COUNCIL LIAISON REPORTS
ITEM#73197
(Continued)
Council Member Wooten advised the Interview Panel for the Independent Citizens Review Board(ICRB)
has held two (2) meetings to review applications. Council Member Wooten advised the Panel is having
challenges with making recommendations for required appointments due to the small application pool.
Council Member Wooten advised recruitment needs to continue in order to find the best candidates and
suggested having a City Council briefing to inform the public why there is a delay in appointing members
to the ICRB as well as help recruit candidates.
City Manager Duhaney advised he worked with City Attorney Stiles and sent out an RFP for legal firm to
provide administrative services and a Board Coordinator and had one (1) respondent but is out of state
and does not hold a license in Virginia. City Manager Duhaney suggested when the ICRB Members are
appointed, he would like to include them in the plan to fulfill the positions needed.
September 6, 2022
13
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73197
3:12 P.M.
Council Member Henley advised the Flood Prevention Bond Referendum Oversight Board will provide the
Body a briefing on September 20`h and encouraged citizens to watch the presentation. Council Member
Henley expressed her appreciation to City Manager Duhaney and staff from the Public Works Department
for providing the impressive list of flooding mitigation items completed since Hurricane Matthew.
September 6, 2022
14
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73198
(Continued)
Council Member Henley referenced the Hampton Roads Workforce Council study, "Hampton Roads Talent
Alignment Strategy", and advised the study provided recommendations that may be applied to the City's
employment incentives.
September 6, 2022
15
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73199
(Continued)
Council Member Moss advised letters with the revised Noise Ordinance have been mailed to civic leagues
and the citizens who previously provided feedback inviting them to review the revised Noise Ordinance and
provide feedback. Council Member Moss advised there will be two(2)workshops to solicit public feedback
before the Ordinance is considered on October 18`h.
Council Member Branch recommended engaging with RAC for additional feedback and consider deferring
the vote on it until after the election.
September 6, 2022
16
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73200
(Continued)
Council Member Moss recommended including the Housing Advisory Board during discussions and plans
for providing affordable housing as they have expertise and can conduct research for the Body to consider.
September 6, 2022
17
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73201
(Continued)
Council Member Moss referenced the City Council Travel Policy and advised any Council Member
traveling outside of the area, with the exception of the Mayor, requires approval of City Council. Council
Member Moss advised he remembers discussing Council Members traveling to Spain but does not recall
when the Body approved Council Members recent travel to New York. Council Member Moss requested
City Clerk Barnes to record approval for the Body's travel as part of the process.
Mayor Dyer advised the travel was discussed and approved during a previous Closed Session when Council
Members Branch and Rouse were appointed as Liaisons to meet with Mr. Williams concerning the
Something in the Water Festival.
September 6, 2022
18
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73202
(Continued)
Council Member Wooten advised the next Ignite Business Bootcamp will be held at the HIVE on Saturday,
September 17h from 8:30 A. M. — 1:00 P.M Council Member Wooten advised the event will focus on
funding for business owners and connecting them with local business professionals.
September 6, 2022
19
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73203
(Continued)
Council Member Miles advised the Judeo Christian Outreach Center will have their kick-off to launch their
capital campaign tomorrow at 1:00 P.M Council Member Miles advised they are becoming a small
developer to provide affordable housing.
September 6, 2022
20
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73204
(Continued)
Council Member Miles advised she will host a Bayside District Town Hall Meeting on November 29h from
6:30—8:00 P.M at the Williams Farms Recreation Center. Council Member Miles advised she will work
with Communications to get information out as it gets closer to the meeting date.
September 6, 2022
21
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73205
(Continued)
Mayor Dyer advised on September 0, at 1:00 P.M, there will be a groundbreaking event at Redmill for a
hospice care facility. Mayor Dyer advised this area has a shortage of hospice care facilities and believes
it is important to provide care to citizens. Mayor Dyer advised he will provide the address prior to the
event.
September 6, 2022
22
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73206
(Continued)
Mayor Dyer advised it was great to see the Green Run High School name their football field after Elisha
"Cadillac"Harris and invited Council Member Rouse to say a few words.
Council Member Rouse advised "Cadillac"Harris was the first African American to coach high school
football in the City and was hired as Green Run High School's head football coach. Council Member
Rouse advised after the field was dedicated to Coach Harris, Green Run went on to win their first game of
the season against Kempsville High School. Council Member Rouse advised Coach Harris is part of the
City's history and symbolizes how far the City has come, adding, it was an honor to be the at the dedication.
Mayor Dyer advised he would like the Body to join him in presenting Coach Harris with a Proclamation
as he is a dynamic trend setter and has been a long time ambassador for the City.
September 6, 2022
23
AGENDA REVIEW SESSION
ITEM#73207
3:30 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
I. ORDINANCES/RESOLUTIONS
1. Ordinance to ADD Article XVI to City Code Chapter 35 re establish disposable plastic bag tax
(Requested by Council Member Tower)Deferred from July 5, 2022
2. Resolution to DIRECT the City Manager to submit a grant application re the Virginia Beach Trail
(Requested by City Council)
3. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work
at Princess Anne High School,B.F. Williams/Bayside 6`",and Bayside High School(Requested
by Virginia Beach School Board)
4. Ordinance to AMEND City Code Section 10-1 re change the Central Absentee Precinct location
to Building 23 for the November Elections
5. Ordinance to EXTEND the date for satisfying the conditions re closing a 10,645 square foot
portion of right-of-way known as Lord Dunmore Drive
6. Resolution to APPROVE the FY2023 Performance Contract with the Commonwealth of Virginia
re mental health, developmental,and substance use disorder services
7. Ordinance to APPROPRIATE$532,319 to the FY2022-23 Clerk of the Circuit Court Operating
Budget re technology related expenses
8. Ordinance to APPROPRIATE $276,903 from the Police Federal & State Seized Assets Special
Revenue Fund Balance to the FY2022-23 Police Department Operating Budget re to purchase
three(3) canines,specialty vehicles,and training
9. Ordinance to ACCEPT and APPROPRIATE $90,580 from the Department of Motor Vehicles
(DM to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind
match re overtime,equipment expenses related to speed enforcement
10. Ordinance to ACCEPT and APPROPRIATE$54,530 from the Virginia Department of Education
(VDOE) to the FY2022-23 Parks and Recreation Operating Budget re support early childhood
programs at Princess Anne,Bow Creek,Kempsville,and Williams Farm Recreation Centers
11. Ordinance to ACCEPT and APPROPRIATE $47,200 from the Department of Motor Vehicles
(DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind
match re overtime,training, and equipment expenses related to the DUI enforcement
September 6, 2022
24
AGENDA REVIEW SESSION
ITEM#73207
(Continued)
12. Ordinance to ACCEPT and APPROPRIATE$34,349 from the Library of Virginia to the FY 2022-
23 Public Library Operating Budget re purchase books and other materials for the City's Public
Libraries print and digital collections
13. Ordinance to ACCEPT and APPROPRIATE $29,400 from the Department of Motor Vehicles
(DMV to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind
match re overtime related to enforcement of seat belt and occupant protection laws
14. Ordinance to ACCEPT and APPROPRIATE$21,000 from the Virginia Department of Behavioral
Health and Developmental Services to the FY2022-23 Department of Human Services Operating
Budget re assist nine (9) individuals in the community for health and household needs
15. Ordinance to ACCEPT and APPROPRIATE$4,673 from the Virginia Department of Behavioral
Health and Development Services (DBHDS) to the FY 2022-23 Department of Human Services
Operating Budget re Projects for Assistance in Transition from Homelessness (PATH)Program
I. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARA TEL Y
ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO OCTOBER 18, 2022
COUNCIL MEMBERS MILES AND MOSS WILL ABSTAIN ON ITEM#3
COUNCIL MEMBER ROUSE WILL VOTE NAY ON ITEM#3
September 6, 2022
25
AGENDA REVIEW SESSION
ITEM#73207
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. REED ENTERPRISES INCORPORATED ONE,A VIRGINIA CORPORATION&LIBERTY
TRANSMISSION&AUTO CARE,INC., A VIRGINIA CORPORATION for a Modification of
Proffers to a Conditional Rezoning & Conditional Use Permit re auto repair garage at 3041
Holland Road DISTRICT 2(Formerly District 7—Princess Anne)
2. JOYCE NELSON/SHELLEY GRAY SWEITZER & SUZANNE GRAY for a Conditional
Change of Zoning from Conditional B-2 Community Business District to Conditional AG-2
Agricultural District re single-family dwelling at 2748 West Landing Road DISTRICT 2(Formerly
District 7—Princess Anne)
3. TFJG CANOPY, LLC /SCHOOL BOARD OF THE CITY OF VIRGINM BEACH for a
Conditional Change of Zoningfrom A-12 Apartment District to Conditional B-4 Mixed Use District
re redevelop the property with up to 132 multi family dwelling units and commercial use at 1413
Laskin Road DISTRICT 6(Formerly District 6—Beach)
4. T-MOBILE & CITY OF VIRGINIA BEACH for a Conditional Use Permit re communication
tower at 2068 Landstown Centre Way DISTRICT 2(Formerly District 7—Princess Anne)
5. WORLD FAMOUS OCEANA BHS, INC/OCEANA CROSSINGS, LLC for Conditional Use
Permits re tattoo parlor & body piercing at 1375 Oceana Boulevard, Unit 118 DISTRICT 5
(Formerly District 6—Beach)
6. WORLD FAMOUS BHS, INC / L YNNHA VEN INVESTMENT PARTNERS, LLC for
Conditional Use Permits re tattoo parlor & body piercing at 2980 Virginia Beach Boulevard
DISTRICT 8(Formerly District 5—Lynnhaven)
7. JENNY CORPORATION/ELMS PROPERTY SALEM CROSSING, LLC for a Conditional
Use Permit re tattoo parlor at 2029 Lynnhaven Parkway, Suite 200 DISTRICT 7(Formerly District
3—Rose Hall)
J.PLANNING:
ITEM#3 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3
September 6, 2022
26
ITEM#73208
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).
• Beach District
• Beach 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)
• Project Sand
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
September 6, 2022
27
ITEM#73208
(Continued)
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council voted to proceed
into CLOSED SESSION at 3:53 P.M.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D.
"Rocky" Holcomb, Delceno C. Miles, John D. Moss, Aaron R. Rouse,
Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
Break 3:53 P.M. — 4:12 P.M.
Closed Session 4:12 P.M. — 5:34 P.M.
September 6, 2022
28
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
SEPTEMBER 6, 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, September 6, 2022, at 6:00 P.M
Council Members Present:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D.
"Rocky"Holcomb, Delceno C. Miles, John D. Moss, Aaron R. Rouse,
Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
INVOCATION: Chaplain Deborah Quam
Virginia Beach Police Department, Second Precinct
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 34`'' 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 identifying 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.
September 6, 2022
29
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.
September 6, 2022
30
VLD
CERTIFICATION
ITEM#73209
Upon motion by Council Member Branch, 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:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D.
"Rocky"Holcomb, Delceno C. Miles, John D. Moss, Aaron R. Rouse,
Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
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OF 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 #73208 on Page 27 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.
Am da Barnes, M C
City Clerk
September 6, 2022
31
ITEM— VLE.1
MINUTES
ITEM#73210
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of August 16,2022
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D.
"Rocky"Holcomb, Delceno C. Miles, John D. Moss, Aaron R. Rouse,
Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
32
ITEM— VLE.2
MINUTES
ITEM#73211
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the FORMAL SESSION of August 23,2022
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D.
"Rocky"Holcomb, Delceno C. Miles, John D. Moss, Aaron R. Rouse,
Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
33
ITEM— VLF.]
PUBLIC HEARINGS
ITEM#73212
Mayor Dyer DECLARED a PUBLIC HEARING:
ACQUISITION,BY AGREEMENT OR CONDEMNATION
Construct a City Pump Station re Eastern Shore Drive Drainage
Improvements Section ID Lynnhaven Drive Pump Station Project
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
September 6, 2022
34
ITEM— VI.F.2
PUBLIC HEARINGS
ITEM#73213
Mayor Dyer DECLARED a PUBLIC HEARING:
CHANGE THE CENTRAL ABSENTEE PRECINCT FOR THE NOVEMBER ELECTIONS
to Building 23 within the Municipal Center
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
September 6, 2022
35
ITEM- VLH
FORMAL SESSION AGENDA
ITEM#73214
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 a total of six(6) minutes to speak on all items.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514-spoke in OPPOSITION to: Ordinances/Resolutions I: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14 and 15 and Planning Items J: 1, 2, 3, 4, 5, 6 and 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,BY
CONSENT, Agenda Items Ordinances/Resolutions Ordinances/Resolutions I: 2, 3 (DEFERRED TO
OCTOBER 18, 2022), 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 and Planning Items J: 1, 2, 4, 5, 6 and 7
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
I. ORDINANCES/RESOLUTIONS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBERS MILES AND MOSS WILL ABSTAIN ON ITEM#3
COUNCIL MEMBER ROUSE WILL VOTE NAY ON ITEM#3
J. PLANNING:
ITEM#3 WILL BE CONSIDERED SEPARA TEL Y
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3
*VICE MAYOR WILSON LEFT THE MEETING FOLLOWING THE VOTE, DUE TO A
PERSONAL FAMILY MATTER.
September 6, 2022
36
ITEM— VI I 1
ORDINANCES/RESOLUTIONS
ITEM#73215
The following registered to speak:
Barbara Messner, P. O. Box 514—spoke in OPPOSITION
Nielsen Baxley, 1920 Lynn Cove Lane, Phone: 470-1479, spoke in SUPPORT
Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION
Mickey Bisese, 1325 Dunstan Lane, Phone: 435-2253, spoke in OPPOSITION
Mark Swingle, 2130 Bayberry Street, Phone: 615-6337, spoke in SUPPORT
Ella Dunbar, 2349 Poyner Lane, Phone: 463-9861, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DEFERRED
TO DECEMBER 6, 2022, Ordinance to ADD Article XVI to City Code Chapter 35 re establish
disposable plastic bag tax(Requested by Council Member Tower)Deferred from July 5, 2022
Voting: 8-1
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
Delceno C. Miles, John D. Moss, Aaron R. Rouse, Guy K. Tower
and Sabrina D. Wooten
Council Members Voting Nay:
N. D. "Rocky"Holcomb
Council Members Absent:
Michael F. Berlucchi—Ill
Vice Mayor Rosemary Wilson
September 6, 2022
37
ITEM— VI.I.2
ORDINANCES/RESOLUTIONS
ITEM#73216
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT,Resolution to DIRECT the City Manager to submit a grant application re the Virginia Beach
Trail(Requested by City Council)
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
REQUESTED BY THE CITY COUNCIL
1 A RESOLUTION TO DIRECT THE CITY MANAGER TO
2 SUBMIT A GRANT APPLICATION FOR THE VIRGINIA
3 BEACH TRAIL
4
5 WHEREAS, the Virginia Beach Trail (VB Trail) is a multi-purpose path that will be
6 located on the former Norfolk Southern railroad right-of-way; and
7
8 WHEREAS, the City Council desires that a grant application be made for the
9 federal grant opportunity, US DOT Safe Streets & Roads for All, for the VB Trail.
10
11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA, THAT:
13
14 The City Manager is hereby directed to make a grant application for the VB Trail
15 in the upcoming US DOT Safe Streets & Roads for All funding opportunity, and the City
16 Manager is authorized to use existing funds to retain consultants and/or engineers in
17 furtherance of such grant application.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day
Of September , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
0 _
' y Att rney s Office
CA15898
R-3
September 1, 2022
38
ITEM— VLI.3
ORDINANCES/RESOLUTIONS
ITEM#73217
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council DEFERRED TO
OCTOBER 18, 2022, BY CONSENT, Resolution to APPROVE the School Board's entry into an Interim
Agreement re the design work at Princess Anne High School, B.F. Williams/Bayside 6th, and Bayside
High School(Requested by Virginia Beach School Board)
Voting: 7-1
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Guy K. Tower, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Voting Nay:
Aaron R. Rouse
Council Members Abstaining:
Delceno C. Miles
John D. Moss
Council Members Absent:
Michael F. Berlucchi
September 6, 2022
0 1A B 4ch'
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City of Beach_
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VBgov.com
DELCENO C.MILES CELL PHONE:(757)355-0455
COUNCIL MEMBER DCMILESaVBGOV COM
DISTRICT 4-BAYSIDE
September 7, 2022
In Reply Refer to 0078265
Mrs.Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
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 discussion and
vote on a resolution to approve the School Board's entry into an interim
agreement with S.B. Ballard Construction Company for design work for Princess
Anne High School, B.F. Williams/Bayside 6th, and Bayside High School.
2. My company, The Miles Agency, previously was a vendor for S.B. Ballard for
this project, but the contractual relationship between the two businesses ended
prior to my becoming a member of the City Council. The address for The Miles
Agency is 1104 Fallbrook Bend, Virginia Beach, Virginia 23455.
3. Although the City Attorney advised that the Act provides that I could have
participated in the Council's consideration of this transaction without restriction, I
chose to abstain.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance.
Sincere
C 431
Delceno C. Miles
Councilmember
DCM/RRI
2401 COURTHOUSE DRIVE,VIRGINIA BEACH,VIRGINIA 23456
A
0N1A•BEAc,
z Ci ty of Virginia_ Beach
U - �
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OF OUR NAvaN
VBgov.00m
PHONE:(757)636-1534
JOHN MOSS JDMOSS@VBGOV.COM
COUNCIL MEMBER-AT-LARGE
September 6, 2022
In Reply Refer to 0078216
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
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 discussion and
vote on a resolution to approve the School Board's entry into an interim
agreement for design work for Princess Anne High School, B.F.
Williams/Bayside 6th, and Bayside High School.
2. My wife is employed by Virginia Beach City Public Schools (VBCPS), and I
therefore have a personal interest in VBCPS and this transaction.
3. I am abstaining from the City Council's consideration of this item.
I respectfully request that you record this declaration in the official records of City
Council.
Thank you for your assistance.
Sincerely, ,
John D. Mos
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
39
ITEM— VLI.4
ORDINANCES/RESOLUTIONS
ITEM#73218
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section 10-1 re change the Central Absentee Precinct
location to Building 23 for the November Elections
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO AMEND SECTION 10-1 OF
2 THE CITY CODE TO CHANGE THE CENTRAL
3 ABSENTEE PRECINCT LOCATION FOR THE
4 NOVEMBER ELECTIONS
5
6 SECTION AMENDED: § 10-1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 1. Section 10-1 of the City Code is hereby amended and reordained to read as
12 follows:
13
14 Sec. 10-1. Establishment of precincts and polling places.
15
16 There are hereby established in the city the following precincts and their respective
17 polling places, as set forth below:
18
19 Precinct Polling Place
20 0001 Galilee Episcopal Church
21 3928 Pacific Avenue 23451
22 0002 Museum of Contemporary Art
23 2200 Parks Avenue 23451
24 0003 Ocean Lakes Elementary
25 1616 Upton Drive 23454
26 0004 Virginia Beach Community Chapel
27 1261 Laskin Road 23451
28 0005 Mount Olive Baptist Church
29 310 N. Birdneck Road 23451
30 0006 Alanton Elementary School
31 1441 Stephens Road 23454
32 0007 King's Grant Presbyterian Church
33 745 Little Neck Road 23452
34 0008 London Bridge Baptist Church
35 2460 Potters Road 23454
36 0009 Trantwood Elementary School
37 2344 Inlynnview Road 23454
38 0010 All Saints' Episcopal Church
39 1969 Woodside Lane 23454
40 0011 Edgar Cayce's Association for Research
41 and Enlightenment
42 215 67th Street 23451
43 0012 Lynnhaven Elementary School
44 210 Dillon Drive 23452
45 0013 Windsor Woods Elementary School
46 233 Presidential Boulevard 23452
47 0014 Malibu Elementary School
48 3632 Edinburgh Drive 23452
49 0015 Calvary Baptist Church
50 4832 Haygood Road 23455
51 0016 Bayside Sixth Grade Campus
52 4722 Jericho Road 23462
53 0017 Bayside Community Recreation Center
54 4500 First Court Road 23455
55 0018 Independence Middle School
56 1370 Dunstan Lane 23455
57 0019 Bayside Church of Christ
58 5025 Shell Road 23455
59 0020 Bayside Elementary School
60 5649 Bayside Road 23455
61 0021 Bettie F. Williams Elementary School
62 892 Newtown Road 23462
63 0022 Point 0' View Elementary School
64 5400 Parliament Drive 23462
65 0023 Arrowhead Elementary School
66 5549 Susquehanna Drive 23462
67 0024 St. Andrews United Methodist Church
68 717 Tucson Road 23462
69 0025 Fairfield Elementary School
70 5428 Providence Rd. 23464
71 0026 Kempsville Presbyterian Church
72 805 Kempsville Road 23464
73 0027 Kempsville Middle School
74 860 Churchill Drive 23464
75 0028 Thalia Elementary School
76 421 Thalia Road 23452
77 0029 Holland Elementary School
78 3340 Holland Road 23452
79 0030 Seatack Elementary School
80 912 S. Birdneck Road 23451
81 0031 Red Mill Elementary School
82 1860 Sandbridge Road 23456
83 0032 Oak Grove Baptist Church
84 691 Princess Anne Road 23457
85 0033 Back Bay Christian Assembly
86 1212 Princess Anne Road 23457
87 0034 Blackwater Fire Station
88 6009 Blackwater Road 23457
89 0035 Kellam High School
90 2665 West Neck Road 23456
91 0036 Red Church Steeple
92 245 S. Rosemont Rd 23452
93 0037 Bayside Baptist Church
94 1920 Pleasure House Road 23455
95 0038 Bayside Presbyterian Church
96 1400 Ewell Road 23455
97 0039 Pembroke Elementary School
98 4622 Jericho Road 23462
99 0040 Princess Anne High School
100 4400 Virginia Beach Boulevard 23462
101 0041 College Park Elementary School
102 1110 Bennington Road 23464
103 0042 Brandon Middle School
104 1700 Pope Street 23464
105 0043 Salem Middle School
106 2380 Lynnhaven Parkway 23464
107 0044 Centerville Elementary School
108 2201 Centerville Turnpike 23464
109 0045 White Oaks Elementary School
110 960 Windsor Oaks Boulevard 23462
111 0046 Green Run Elementary School
112 1200 Green Garden Circle 23453
113 0047 King's Grant Elementary School
114 612 N Lynnhaven Road 23452
115 0048 WAVE Church
116 1000 N. Great Neck Road 23454
117 0049 John B. Dey Elementary School
118 1900 N. Great Neck Rd. 23454
119 0050 The Gathering at Scott Memorial
120 United Methodist Church
121 409 First Colonial Road 23454
122 0051 Kempsville Area Library
123 832 Kempsville Road 23464
124 0052 Providence Presbyterian Church
125 5497 Providence Road 23464
126 0053 Kempsville Elementary School
127 570 Kempsville Road 23464
128 0054 Landstown High School
129 2001 Concert Drive 23456
130 0055 Virginia Beach Moose Family Center
131 3133 Shipps Corner Road 23453
132 0056 St. Aidan's Episcopal Church
133 3201 Edinburgh Drive 23452
134 0057 St. Matthew Catholic Church
135 3314 Sandra Lane 23464
136 0058 Glenwood Elementary School
137 2213 Round Hill Drive 23464
138 0059 Shelton Park Elementary School
139 1700 Shelton Road 23455
140 0060 WAVE Church
141 2655 Seaboard Road 23456
142 0061 Ebenezer Baptist Church
143 965 Baker Road 23455
144 0062 Restoration Church at Landstown
145 3220 Monet Drive 23453
146 0063 Ocean Lakes High School
147 885 Schumann Drive 23454
148 0064 Rosemont Forest Elementary School
149 1716 Grey Friars Chase 23456
150 0065 Colonial Baptist Church
151 2221 Centerville Turnpike 23464
152 0066 Princess Anne Recreation Center
153 1400 Nimmo Parkway 23456
154 0067 Eastern Shore Chapel
155 2020 Laskin Road 23454
156 0068 Providence Elementary School
157 4968 Providence Road 23464
158 0069 Unity Church of Tidewater
159 5580 Shell Road 23455
160 0070 Corporate Landing Middle School
161 1597 Corporate Landing Parkway 23454
162 0071 Salem High School
163 1993 Sun Devil Drive 23464
164 0072 W. T. Cooke Elementary School
165 1501 Mediterranean Avenue 23451
166 0073 Green Run High School
167 1700 Dahlia Drive 23453
168 0074 Rosemont Elementary School
169 1257 Rosemont Rd. 23453
170 0075 Lynnhaven Colony Congregational Church
171 2217 W. Great Neck Road 23451
172 0076 Thalia Lynn Baptist Church
173 4392 Virginia Beach Boulevard 23462
174 0077 Plaza Annex
175 641 Carriage Hill Rd 23452
176 0078 Indian Lakes Elementary School
177 1240 Homestead Drive 23464
178 0079 Emmanuel Episcopal Church
179 5181 Singleton Way 23462
180 0080 Kingdom Cathedral
181 3820 Stoneshore Road 23452
182 0081 Salem Elementary School
183 3961 Salem Lakes Boulevard 23456
184 0082 Christopher Farms Elementary School
185 2828 Pleasant Acres Drive 23453
186 0083 Strawbridge Elementary School
187 2553 Strawbridge Road 23456
188 0084 Tallwood Elementary School
189 2025 Kempsville Road 23464
190 0085 Three Oaks Elementary School
191 2201 Elson Green Avenue 23456
192 0086 Haygood United Methodist Church
193 4713 Haygood Road 23455
194 0087 New Castle Elementary School
195 4136 Dam Neck Road 23456
196 0088 Hope Haven
197 3000 North Landing Road 23456
198 0089 New Covenant Presbyterian Church
199 1552 Kempsville Road 23464
200 0090 Morning Star Baptist Church
201 4780 First Court Road 23455
202 0091 Larkspur Middle School
203 4696 Princess Anne Road 23462
204 0092 Lynnhaven United Methodist Church
205 1033 Little Neck Road 23452
206 0093 Enoch Baptist Church Family Life Center
207 5685 Herbert Moore Road 23462
208 0094 Plaza Middle School
209 3080 S. Lynnhaven Road 23452
210 0095 Corporate Landing Elementary School
211 1590 Corporate Landing Parkway 23454
212 0096 Freedom Fellowship
213 836 Regency Drive 23454
214 0097 San Lorenzo Spiritual Center
215 4556 Indian River Rd. 23456
216 0098 Windsor Oaks Elementary School
217 3800 Van Buren Drive 23452
218 0099 Parkway Elementary School
219 4180 O'Hare Drive 23456
220 0100 Tabernacle United Methodist Church
221 1265 Sandbridge Rd. 23456
222 0101 Luxford Elementary School
223 4808 Haygood Road 23455
224 0102 Diamond Springs Elementary School
225 5225 Learning Circle 23462
226 0103 Kempsville Meadows Elementary School
227 736 Edwin Drive 23462
228 0104 Woodstock Elementary School
229 6016 Providence Road 23464
230 0105 Pembroke Meadows Elementary School
231 820 Cathedral Drive 23455
232 0106 Thalia United Methodist Church
233 4321 Virginia Beach Boulevard 23452
234 0107 Linkhorn Park Elementary School
235 977 First Colonial Road 23454
236 0108 The Gala 417
237 2105 W. Great Neck Road 23451
238 Central Absentee Voter Agriculture/Voter Registrar Building
239 Precinct
240
241 Notwithstanding the preceding, for the November 2022 general and special elections, the
242 Central Absentee Voter Precinct will be located at Building 23 within the Municipal Center,
243 which has a street address of 2473 North Landing Road. The Building 14 location, which
244 is also known as the AgricultureNoter Registrar Building, shall remain open to the public
245 during the customary hours required for an office of the voter registrar on the date of an
246 election.
247
248 2. The Voter Registrar and the City Attorney are hereby directed to seek a
249 certification of no objection from the Office of the Attorney General using the
250 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct
251 changes authorized herein. These precinct changes shall not be administered
252 unless and until the Attorney General has provided such certification or if 60 days
253 lapses without the Attorney General interposing an objection.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this6 t h day
of September 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
r egis rar • tto y's Office
CA15890
R-1
August 24, 2022
40
ITEM— VLI.5
ORDINANCES/RESOLUTIONS
ITEM#73219
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a 10,645 square foot
portion of right-of-way known as Lord Dunmore Drive
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE FURTHER EXTENDING
2 THE DATE FOR SATISFYING THE
3 CONDITIONS IN THE MATTER OF
4 CLOSING A 10,645 SQUARE FOOT
5 PORTION OF RIGHT-OF-WAY KNOWN AS
6 LORD DUNMORE DRIVE
7
8 WHEREAS, on September 19, 2017, the Council of the City of Virginia Beach
9 acted upon the application of Princess Anne Real Estate Trust, a Virginia business trust
10 (the "Applicant"), for the closure of approximately 10,645 Sq. Ft. of an unimproved,
11 right-of-way known as Lord Dunmore Drive;
12
13 WHEREAS, City Council adopted an Ordinance (ORD-3519A) to close the
14 aforesaid portion of right-of-way, subject to certain conditions being met on or before
15 September 18, 2018;
16
17 WHEREAS, City Council adopted an Ordinance (ORD-3565D) to extend the
18 deadline to satisfy the conditions of the street closure to September 18, 2019;
19
20 WHEREAS, City Council adopted an Ordinance (ORD-3601B) to extend the
21 deadline to satisfy the conditions of the street closure to September 16, 2021;
22
23 WHEREAS, City Council adopted an Ordinance (ORD-3674FF) to extend the
24 deadline to satisfy the conditions of the street closure to September 6, 2022;
25
26 WHEREAS, on August 5, 2022, the Applicant requested an additional extension
27 of time to satisfy the conditions to the aforesaid street closure action; and
28
29 WHEREAS, staff recommends that an additional one (1) year extension be
30 approved.
31
32 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
33 Beach, Virginia:
34
35 That the date for meeting conditions of closure as stated in the Ordinance
36 adopted on September 19, 2017 (ORD-3519A), upon application of Princess Anne Real
37 Estate Trust, is extended to September 6, 2023.
38
39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 6 t h day
40 of September , 2022.
CA15629
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EX_ CONCREZE v -
Lic. No. 2871 APRON
a 2-7-17 .�°'t
14 SUlt 11 STREET CLOSURE EXHIBIT
10,645 S.F. OF LORD DUNMORE DRIVE
LOCATED BETWEEN PROPERTY OF
PRINCESS ANNE ESTATE TRUST
& VIRGINIA BEACH FINANCIAL CENTER, INC.
TO BE CLOSED
VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 25' FEBRUARY 7, 2017
STEPHEN I. BOONE & ASSOCIATES, P.C.
LAND SURVEYORS
PORTSMOUTH, VIRGINIA 10-72 exhibit.dwg
Virauinnd,[N1n.7J P,./■lrt M.n lnlnn17 a]]•67 AM 3.1S IA
41
ITEM— VLI.6
ORDINANCES/RESOLUTIONS
ITEM#73220
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Resolution to APPROVE the FY2023 Performance Contract with the Commonwealth of
Virginia re mental health,developmental, and substance use disorder services
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C. Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 A RESOLUTION TO APPROVE A CONTRACT WITH THE
2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH,
3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDER
4 SERVICES
5
6 WHEREAS, the Virginia Department of Behavioral Health and Developmental
7 Services(DBHDS) provides funding for mental health, developmental, and substance use
8 disorder services through a performance contract with local community services boards;
9
10 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of
11 Virginia mandated minimum local match share for these services; and
12
13 WHEREAS, the Virginia Beach Community Service Board, at its August 18, 2022
14 meeting, approved the FY 2023 Performance Contract between the Virginia Beach
15 Community Service Board and Commonwealth of Virginia.
16
17 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
18 VIRGINIA THAT:
19
20 The City Council of Virginia Beach hereby approves the Fiscal Year 2023
21 Performance Contract with the Commonwealth of Virginia, a summary of which is attached
22 as Exhibit A, for a period concluding June 30, 2023.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of
September , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget and Management Services Ci tt ' Office
CA15894
R-1
August 24, 2022
FY2023 And FY2024 Community Services Performance Contract
FY 2023 Exhibit A: Resources and Services
Virginia Beach Community Services Board
Consolidated Budget(Pages AF-3 through AF-12) _
Funding Sources Mental Health Developmental Substance TOTAL
(MH) Services (DV) Services Use Disorder
(SUD)
Services
State Funds 12,816,982 857,558 2,458,356 16,132,896
Local Matching Funds 10,678,701 10,427,404 1.488,264 22,594.369
Total Fees 4,938,912 19,053,572 355,827 24,348,311
Transfer Fees In/(Out) 0 0 0
Federal Funds i 416,023 0 2,434,782 2,850,805
Other Funds 959,546 323,750 94,148 1,377,442
State Retained Earnings 405,478 0 0, 405,478
I
Federal Retained Earnings 0 0 0
Other Retained Earnings i 0 0, 0 0
Subtotal Ongoing Funds 30,215,642' 30,662,284 f 6,831,375 g 9 � 67,709,301
State Funds One-Time 0 0 0 0
Federal Funds One-Time 0 0 0
Subtotal One-Time Funds 0 0 0 0
TOTAL ALL FUNDS 30,215,642 30,662,284 6,831,375 67,709,301
Cost for MH/DV/SUD Services 28,753,373 30,349,940 3,841,051, 62,944,364
j 3
Cost for Emergency Services(AP-4) 4,735,531
Cost for Ancillary Services (AP-4) 667,460
Total Cost for Serviced 68,347,355
Local Match Computation , [ CSB Administrative Percentage i
Total State Funds 18,132,8961 1 Administrative Expenses 7,652,594
Total Local Matching Funds 22,594,369 i Total Cost for Services 68,347,355
Total State and Local Funds 38,727,265, i Admin !Total Expenses 1 11.20%
Total Local Match% 58.34%
(Local/Total State+Local) -
Report Date 7/15/2022 AF-1
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A:Resources and Services
Virginia Beach Community Services Board
Financial Comments
Commentl MH Other Federal: $47,405 from USDA Fees i
Commentl MH Federal PATH includes additional$100,501
Comment3 MH Other Funds:
Comment4 Cost Settlement,$34,500 from P&P,$916,066 for Jail Reentry,$8,200 from Beach
Comments
House,$780 for rental fees.
Comment6 Total is$959,546
Comment7
Comment8 DV Other: $323,000 from DARS,$750 from prior year rev. Total is$323,750
Comment9 1`
Commentl0
DV Philantropic: $3,444 from Donations
Commentll
Comment12
Comment13
Comment14 SA Other:
Comment15 $54,640 for Prevention SAIP funds,30,200 for Pathways services to other CSB's,
Comment16 $9,306 in anticipated Suicide Prevention funds. Total is$94,146 -?
Commentll
--
Commentl8
Comment19
Comment20
_ __
Commentll
Comment22
Comment23
Comment24
Comment25
— - L
Report Date 7/15/2022 AF-2
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
Mental Health(MH)Services
Virginia Beach Community Services Board
Funding Sources Funds
FEES
MH Medicaid Fees 4,347,837
MH Fees:Other 591,075
Total MH Fees 4,938,912
MH Transfer Fees In/(Out) 0
Total Net MH Fees 4,938,912
FEDERAL FUNDS
MH FBG SED Child&Adolescent(93.958) 225,019
MH FBG Young Adult SMI(93.958) 0
MH FBG Crisis Services(93.958) 0
MH FBG SMI(93.958) 16,650
MH FBG Geriatrics(93.958) 0
MH FBG Peer Services (93.958) 0
Total MH FBG Adult Funds 16,650
MH Federal PATH(93.150) 126,949
MH Federal COVID Emergency Grant(93.665) 0
MH Federal State&Local Fiscal Recovery Fund(21.027) 0
MH Other Federal-DBHDS 0
MH Other Federal-COVID Support 0
MH Other Federal-CSB 47,405
Total MH Federal Funds 416,023
STATE FUNDS
Regional Funds
MH Acute Care(Fiscal Agent) 0
MH Acute Care-Transfer In/(Out) 0
Total Net MH Acute Care-Restricted 0
MH Regional DAP(Fiscal Agent) 0
MH Regional DAP-Transfer In/(Out) 13,052
Total Net MH Regional DAP-Restricted 13,052
MH Regional Residential DAP-Restricted 0
MH Crisis Stabilization(Fiscal Agent) 0
MH Crisis Stabilization-Transfer In/(Out) 794,934
Total Net MH Crisis Stabilization-Restricted 794,934
MH Transfers from DBHDS Facilities(Fiscal Agent) 0
MH Transfers from DBHDS Facilities-Transfer In/(Out) 0
Total Net MH Transfers from DBHDS Facilities-Restricted 0
MH Expanded Community Capacity(Fiscal Agent) 0
MH Expanded Community Capacity-Transfer In/(Out) 301,854
Total Net MH Expanded Community Capacity.Restricted 301,854
MH First Aid and Suicide Prevention(Fiscal Agent) 0
MH First Aid and Suicide Prevention-Transfer In/(Out) 0
Total Net MH First Aid and Suicide Prevention-Restricted 0
AF-3
Report Date 7/15/2022
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
Mental Health(MH)Services
Virginia Beach Community Services Board
Funding Sources Funds
MH STEP-VA Outpatient(Fiscal Agent) 608,975
MH STEP-VA Outpatient-Transfer In/(Out) 10,000
Total Net MH STEP-VA Outpatient-Restricted 618,975
MH STEP-VA Crisis(Fiscal Agent) 600,000
MH STEP-VA Crisis-Transfer In/(Out) 632,500
Total Net MH STEP-VA Crisis-Restricted 1,232,500
MH STEP-VA Clinician's Crisis Dispatch(Fiscal Agent) 0
MH STEP-VA Clinician's Crisis Dispatch-Transfer In/(Out) 0
Total Net MH STEP-VA Clinician's Crisis Dispatch-Restricted 0
MH STEP-VA Peer Support(Fiscal Agent) 142,482
MH STEP-VA Peer Support-Transfer In/(Out) 0
Total Net MH STEP-VA Peer Support-Restricted 142,482
MH STEP-VA Veterans Services(Fiscal Agent) 102,108
MH STEP-VA Veterans Services-Transfer In/(Out) 0
Total Net MH STEP-VA Veterans Services-Restricted 102,108
MH Forensic Discharge Planning(Fiscal Agent) 252,830
MH Forensic Discharge Planning-Transfer In/(Out) _ 0
Total Net MH Forensic Discharge Planning-Restricted 252,830
MH Permanent Supportive Housing(Fiscal Agent) 2,094,546
MH Permanent Supportive Housing-Transfer In/(Out) 0
Total Net MH Permanent Supportive Housing-Restricted 2,094,546
MH CIT-Assessment Sites 348,668
MH CIT-Assessment Sites-Transfer In/(Out) 0
Total Net MH CIT-Assessment Sites-Restricted 348,668
MH Recovery(Fiscal Agent)
0
MH Other Merged Regional Funds(Fiscal Agent) 1,929,952
MH State Regional Deaf Services(Fiscal Agent) 0
MH Total Regional-Transfer In/(Out) 0
Total Net MH Unrestricted Regional State Funds 1,929,952
Total Net MH Regional State Funds 7,831,901
Children State Funds
MH Child&Adolescent Services Initiative-Restricted 338,661
MH Children's Outpatient Services-Restricted 75,000
MH Juvenile Detention-Restricted 111,724
Total MH Restricted Children's Funds 525,385
MH State Children's Services 25,000
MH Demo Proj-System of Care(Child) 0
Total MH Unrestricted Children's Funds 25,000
MH Crisis Response&Child Psychiatry(Fiscal Agent) 0
MH Crisis Response&Child Psychiatry-Transfer In/(Out) 144,369
Total Net MH Crisis Response&Child Psychiatry-Restricted 144,369
Total State MH Children's Funds(Restricted for Childrenl 694,754
AF-4
Report Date 7/15/2022
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
Mental Health(MH)Services
Virginia Beach Community Services Board
Funding Sources Funds
Other State Funds
MH Law Reform -Restricted 397,790
MH Pharmacy-Medication Supports-Restricted 29,949
MH Jail Diversion Services-Restricted 241,670
MH Rural Jail Diversion-Restricted 0
MH Docket Pilot JMHCP Match-Restricted 0
MH Adult Outpatient Competency Restoration Services-Restricted 0
MH Expand Telepsychiatry Capacity-Restricted 0
MH PACT-Restricted 850,000
MH PACT-Forensic Enhancement-Restricted 200,000
MH Gero-Psychiatric Services-Restricted 0
MH STEP-VA SDA,Primary Care Screening and Ancillary Services-Restricted 547,129
MH STEP-VA Psychiatric Rehabilitation Services-Restricted 0
MH STEP-VA Care Coordination Services-Restricted 0
MH STEP-VA Case Management Services-Restricted 0
MH STEP-VA Data Systems and Clinicians Processes-Restricted 0
MH Young Adult SMI-Restricted 0
Total MH Restricted Other State Funds 2,266,538
MH State Funds 2,023,789
MH State NGRI Funds 0
MH Geriatrics Services 0
Total MH Unrestricted Other State Funds 2,023,789
Total MH Other State Funds 4,290,327
Total MH State Funds 12,816,982
OTHER FUNDS
MH Other Funds 959,546
MH Federal Retained Earnings 0
MH State Retained Earnings 0
MH State Retained Earnings-Regional Programs 405,478
MH Other Retained Earnings 0
Total MH Other Funds 1,365,024
LOCAL MATCHING FUNDS
MH Local Government Appropriations 10,678,701
MH Philanthropic Cash Contributions 0
MH In-Kind Contributions 0
MH Local Interest Revenue 0
Total MH Local Matching Funds 10,678,701
Total MH Funds 30,215,642
MH ONE-TIME FUNDS
MH FBG SMI(93.958) 0
MH FBG SED Child&Adolescent(93.958) 0
MH FBG Peer Services (93.958) 0
MH FBG Young Adult SMI(93.958) 0
AF-5
Report Dote 7/15/2022
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A:Resources and Services
Mental Health(MH)Services
Virginia Beach Community Services Board
Funding Sources Funds
MH FBG Geriatrics (93.958) 0
MH FBG Crisis Services(93.958) 0
MH One-Time State Funds 0
MH One-Time Restricted State Funds 0
Total MH One-Time Funds 0
TOTAL MH ALL FUNDS 30,215,642
i
I
AF-6
Report Date 7/15/2022
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A:Resources and Services
Developmental(DV)Services
Virginia Beach Community Services Board
Funding Sources Funds
FEES
DV Medicaid DD Waiver Fees 6,982,901
DV Other Medicaid Fees 0
DV Medicaid ICF/IDD Fees 11,535,593
DV Fees:Other 535,078
Total DV Fees
19,053,572
DV Transfer Fees In/(Out)
0
Total Net DV Fees 19,053,572
FEDERAL FUNDS
DV Other Federal-DBHDS 0
DV Other Federal-COVID Support 0
DV Other Federal-CSB 0
Total DV Federal Funds 0
STATE FUNDS
Regional Funds
DV Crisis Stabilization(Fiscal Agent) 0
DV Crisis Stabilization-Transfer In/(Out) 0
Total Net DV Crisis Stabilization-Restricted 0
DV Crisis Stabilization-Children(Fiscal Agent) 0
DV Crisis Stabilization-Children-Transfer In/(Out) 0
Total Net DV Crisis Stabilization-Children-Restricted 0
DV Transfers from DBHDS Facilities(Fiscal Agent) 0
DV Transfers from DBHDS Facilities-Transfer In/(Out) 0
Total Net DV Transfers from DBHDS Facilities-Restricted 0
Total Net DV Regional State Funds 0
DV Trust Fund-Restricted 0
DV Rental Subsidies-Restricted 0
DV Guardianship Funding-Restricted 0
Total DV Restricted State Funds 0
DV State Funds 857,558
DV OBRA Funds 0
Total DV Unrestricted State Funds 857,558
Total DV State Funds 857,558
Report Date 7/15/2022 AF-7
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A:Resources and Services
Developmental(DV)Services
Virginia Beach Community Services Board
Funding Sources Funds
OTHER FUNDS
DV Workshop Sales 0
DV Other Funds 323,750
DV State Retained Earnings 0
DV State Retained Earnings-Regional Programs 0
DV Other Retained Earnings 0
Total DV Other Funds 323,750
LOCAL MATCHING FUNDS
DV Local Government Appropriations 10,423,960
DV Philanthropic Cash Contributions 3,444
DV In-Kind Contributions 0
DV Local Interest Revenue 0
Total DV Local Matching Funds 10,427,404
Total DV Funds 30,662,284
DV ONE-TIME FUNDS
DV One-Time State Funds 0
DV One-Time Restricted State Funds 0
Total DV One-Time Funds 0
TOTAL DV ALL FUNDS 30,662,284
Report Dote 7/15/2022 AF-8
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
Substance Use Disorder(SUD)Services
Virginia Beach Community Services Board
Funding Sources Funds
FEES
SUD Medicaid Fees 355,028
SUD Fees:Other 799
Total SUD Fees 355,827
SUD Transfer Fees In/(Out) 0
Total Net SUD Fees 355,827
FEDERAL FUNDS
SUD FBG Alcohol/Drug Treatment(93.959) 1,250,920
SUD FBG Recovery(93.959) 0
Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920
SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279
SUD FBG Prevention(93.959) 279,020
SUD Federal COVID Emergency Grant(93.665) 0
SUD Federal SBIRT Youth(93.243) 0
SUD Federal State&Local Fiscal Recovery Fund(21.027) 0
SUD Federal Opioid Response—Recovery(93.788) 89,772
SUD Federal Opioid Response—Treatment(93.788) 510,000
SUD Federal Opioid Response—Prevention(93.788) 105,000
Total SUD Federal Opioid Response Funds(93.788) 704,772
SUD Other Federal-DBHDS 0
SUD Other Federal-COVID Support 0
SUD Other Federal-CSB 12,791
Total SUD Federal Funds 2,434,782
STATE FUNDS
Regional Funds
SUD Facility Reinvestment(Fiscal Agent) 0
SLID Facility Reinvestment-Transfer In/(Out) 476,036
Total Net SUD Facility Reinvestment-Restricted 476,036
SUD Transfers from DBHDS Facilities(Fiscal Agent) 0
SUD Transfers from DBHDS Facilities-Transfer In/(Out) 0
Total Net SUD Transfers from DBHDS Facilities-Restricted 0
SUD Community Detoxification(Fiscal Agent) 0
SLID Community Detoxification-Transfer In/(Out) 0
Total Net SUD Community Detoxification-Restricted 0
SUD STEP-VA(Fiscal Agent) 0
SUD STEP-VA-Transfer In/(Out) 0
Total Net SUD STEP-VA-Restricted 0
Total Net SUD Regional State Funds 476,036
AF-9
Report Date 7/15/2022
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
Substance Use Disorder(SUD)Services
Virginia Beach Community Services Board
Funding Sources Funds
Other State Funds
SUD Women(includes LINK at 4 CSBs)-Restricted 1,800
SUD MAT-Medically Assisted Treatment-Restricted 130,000
SUD Permanent Supportive Housing Women-Restricted 0
SUD SARPOS-Restricted 76,097 •
SUD Core Peer&Recovery-Restricted 0
Total SUD Restricted Other State Funds 207,897
SUD State Funds 1,513,420
SUD Region V Residential 131,215
SUD Jail Services/Juvenile Detention 27,216
SUD HIV/AIDS 102,572
Total SUD Unrestricted Other State Funds 1,774,423
Total SLID Other State Funds 1,982,320
Total SUD State Funds 2,458,356
1
OTHER FUNDS
SUD Other Funds 94,146
SUD Federal Retained Earnings 0
SUD State Retained Earnings 0
SUD State Retained Earnings-Regional Programs 0
SUD Other Retained Earnings 0
Total SUD Other Funds 94,146
LOCAL MATCHING FUNDS
SUD Local Government Appropriations 1,488,264
SUD Philanthropic Cash Contributions 0
SUD In-Kind Contributions 0
SUD Local Interest Revenue 0
Total SUD Local Matching Funds 1,488,264
Total SUD Funds 6,831,375
SUD ONE-TIME FUNDS
SUD FBG Alcohol/Drug Treatment(93.959) 0
SUD FBG Women(includes LINK at 6 CSBs)(93.959) 0
SUD FBG Prevention(93.959) 0
SUD FBG Recovery(93.959) 0
SUD One-Time State Funds 0
SUD One-Time Restricted State Funds 0
Total SUD One-Time Funds 0
TOTAL SUD ALL FUNDS 6,831,375
AF-10
Report Date 7/15/2022
FY2023 And FY2024 Community Services Performance Contract
FY 2023 Exhibit A:Resources and Services
Local Government Tax Appropriations
Virginia Beach Community Services Board
City/County Tax Appropriation
Virginia Beach City 22,590,925
Total Local Government Tax Funds: 22,590,925
Report Dote 7/15/2022 AF-11
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
Supplemental Information
Reconciliation of Projected Resources and Core Services Costs by Program Area
Virginia Beach Community Services Board
MH DV SUD Emergency Ancillary
Services Services Services Services Services Total
Total All Funds(Page AF-1) 30,215,642 30,662,284 6,831,375 67,709,301
Cost for Mu ,DV,SUD, 28,753,373 30,349,940 3,841,051 4,735,531 667,460 68,347,355
Emergency,and Ancillary Services
Difference 1,462,269 312,344 2,990,324 -4,735,531 -667,460 -638,054
Difference results from
Other: 638,054
Explanation of Other in Table Above:
WTCSB DAP paid on behalf of VBCSB at$638,054
I
Report Date 7/15/2022 AF-12
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
CSB 100 Mental Health Services
Virginia Beach Community Services Board
Report for Form 11
Projected
Numbers of Projected
Projected Individuals Total
Core Services Service Receiving Service
Capacity Services Costs
312 Medical Services 23.15 FTEs 2650 $3,460,658
350 Assertive Community Treatment 14.82 FTEs 100 $2,003,532
320 Case Management Services 63.02 FTEs 1455 $7,121,241
410 Day Treatment or Partial Hospitalization 6 Slots 18 $187,654
i425 Mental Health Rehabilitation 41 Slots 100 $1,622,606-1
460 Individual Supported Employment 4.75 FTEs 37 $470,812
510 Residential Crisis Stabilization Services 8 Beds 320 $3,149,779
521 Intensive Residential Services 4 Beds 4 $426,395 ► a
551 Supervised Residential Services 32 Beds 40 - $517,751
581 Supportive Residential Services 17.39 FTEs 145 $4,346,466
610 Prevention Services 02 FTEs -mow $22,520
Totals 4,869 $23,329,414
Form 11A:Pharmacy Medication Supports Number of Consumers I
803 Total Pharmacy Medication Supports Consumers 3
Report Date 7/15/2022 AP-1
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
CSB 200 Developmental Services
Virginia Beach Community Services Board
Report for Form 21
Projected
Numbers of Projected
Projected Individuals Total
Core Services Service Receiving Service
Capacity Services Costs
320 Case Management Services 30.37 FTEs 980 $4,083,976 1
425 Developmental Habilitation 43 Slots 100 $4 259,618 rt
l
485 Group Supported Employment 10 Slots 38 $812,144
460 Individual Supported Employment 10.1 FTEs 175 $801,042
501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 42 Beds 42 $13,491,326
521 Intensive Residential Services 25 Beds 25 $3,536,240
551 Supervised Residential Services 7 Beds 7 $1,105,488
581 Supportive Residential Services 30.36 Fib 55 $2,260,108
Totals 1. $30,349,940
Report Date 7/15/2022 AP-2
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
CSB 300 Substance Use Disorder Services
Virginia Beach Community Services Board
Report for Form 31
Projected
Numbers of Projected
Projected Individuals Total
Core Services Service Receiving Service
Capacity Services Costs
'310 Outpatient Services 7.05 FTEs 310 $875,504
� -
335 Medication Assisted Treatment Services 3.75 FTEs 150 $850,149
320 Case Management Services 2.9 FTEs 60 $322,583
410 Day Treatment or Partial Hospitalization 4 Slots 12 $79,559
501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 2 Beds 105 _ $777,302
521 Intensive Residential Services 2 Beds 16 $65,231
610 Prevention Services 7.8 FTEs $870,723
Totals 653 $3,841,011
Report Date 7/15/2022 AP-3
FY2023 And FY2024 Community Services Performance Contract
FY2023 Exhibit A: Resources and Services
CSB 400 Emergency and Ancillary Services
Virginia Beach Community Services Board
Report for Form 01
Projected
Numbers of Projected
Projected Individuals Total
Core Services Service Receiving Service
Capacity Services Costs
100 Emergency Services 41.29 FTEs 3175 $4,735,531
1318 Motivational Treatment Services 0.25 FTEs 27 $37.536
1390 Consumer Monitoring Services 1.3 FTEs 279 $481,626
720 Assessment and Evaluation Services 1.3 FTEs 500 $148,298
Totals 3,91 $5.402 991
Report Date 7/15/2022 AP-4
1
FY2023 And FY2024 Community Services Performance Contract
Table 2: Board Management Salary Costs
Name of CSB: Virginia Beach Community Services Board FY 2023
Table 2a: FY 2023 Salary Range Budgeted Tot. Tenure
Management Position Title Beginning Ending Salary Cost (yrs)
Executive Director $120,197.00 $186,305.00 $1,679,560.00 4.00
Table 2: Integrated Behavioral and Primary Health Care Questions
1. Is the CSB participating in a partnership with a federally qualified health center,free clinic,
or local health department to integrate the provision of behavioral health and primary
health care?
No
2. If yes,who is the partner?
a federally qualified health center
Name:
a free clinic
Name:
a local health department, or
Name:
another organization
Name:
3. Where is primary health (medical)care provided?
7 on-site in a CSB program,
on-site at the primary health care provider, or
11 another site—specify:
4.Where is behavioral health care provided?
0 on-site in a CSB program,
on-site at the primary health care provider,or
0 another site—specify:
Report Date 7/15/2022 AP-5
42
ITEM— VLI.7
ORDINANCES/RESOLUTIONS
ITEM#73221
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE $532,319 to the FY2022-23 Clerk of the Circuit Court
Operating Budget re technology related expenses
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C. Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO APPROPRIATE $532,319 TO THE
2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY
3 RELATED EXPENSES
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 $532,319 is hereby appropriated, with estimated state revenues increased
9 accordingly, to the FY 2022-23 Operating Budget of the Clerk of the Circuit Court to support
10 technology related requirements including software and hardware needs.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of
September , 2022.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
//•
B dget and .nagement Services orne ' O ice
CA15896
R-1
August 24, 2022
43
ITEM— VI.I.8
ORDINANCES/RESOLUTIONS
ITEM#73222
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE $276,903 from the Police Federal & State Seized Assets
Special Revenue Fund Balance to the FY2022-23 Police Department Operating Budget re to purchase
three (3) canines, specialty vehicles, and training
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO APPROPRIATE $276,903 FROM THE
2 POLICE FEDERAL AND STATE SEIZED ASSETS SPECIAL
3 REVENUE FUND FOR POLICE CANINES, SPECIALTY
4 VEHICLES, AND TRAINING
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $276,903 is hereby appropriated from the fund balance of the Police Federal and
10 State Seized Assets Special Revenue Fund to the FY2022-23 Operating Budget of the
11 Police Department to purchase three canines, specialty vehicles, and police training.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
September 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
B dget and Management Services City Attorney's Oice
CA15889
R-1
August 24, 2022
44
ITEM— VLI.9
ORDINANCES/RESOLUTIONS
ITEM#73223
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$90,580 from the Department of Motor Vehicles
(DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50% in-kind match re
overtime, equipment expenses related to speed enforcement
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FOR THE ENFORCEMENT OF SPEED LAWS AND
3 TO AUTHORIZE AN IN-KIND GRANT MATCH
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1 . $90,580 is hereby accepted from the U.S. Department of Transportation
9 National Highway Traffic Safety Administration via the Virginia Department of Motor
10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2022-
11 2023 Police Department Operating Budget for overtime and equipment expenses related
12 to the speed enforcement.
13
14 2. The local grant match (50% of the provided federal funds) is to be made in-
15 kind by the Police Department.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
September , 2022
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
4 Mew lib
NOVAIWAF
udget and T anagement Services i ttor y's Office
CA15901
R-1
August 24, 2022
45
ITEM— VLI.10
ORDINANCES/RESOLUTIONS
ITEM#73224
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $54,530 from the Virginia Department of
Education (VDOE) to the FY2022-23 Parks and Recreation Operating Budget re support early childhood
programs at Princess Anne,Bow Creek,Kempsville, and Williams Farm Recreation Centers
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C. Miles, John D. Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS TO SUPPORT CHILD CARE PROGRAMS AT FOUR
3 CITY RECREATION CENTERS
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $54,530 is hereby accepted from the Virginia Department of Education and
9 appropriated, with federal revenue increased accordingly, to the Operating Budget of the
10 Department of Parks and Recreation to support the Department's Early Childhood
11 Programs at the Princess Anne, Bow Creek, Kempsville, and Williams Farm Recreation
12 Centers.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day
of September , 2022.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
retukaty,
udget and Management Services ity_.,AA ney s Office
CA15895
R-1
August 24, 2022
46
ITEM— VI.I.11
ORDINANCES/RESOLUTIONS
ITEM#73225
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$47,200 from the Department ofMotor Vehicles
(DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50%in-kind match re
overtime, training, and equipment expenses related to the DUI enforcement
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO
3 AUTHORIZE AN IN-KIND GRANT MATCH
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1. $47,200 is hereby accepted from the U.S. Department of Transportation
9 National Highway Traffic Safety Administration via the Virginia Department of Motor
10 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2022-
11 2023 Police Department Operating Budget for overtime, training and equipment expenses
12 related to the DUI enforcement.
13
14 2. The local grant match (50% of the provided federal funds) is to be made in-
15 kind by the Police Department.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
September 2022.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
137e2" ektdc7tb
udget and Management Services i nep's Office
CA15899
R-1
August 24, 2022
47
ITEM— VI.I.12
ORDINANCES/RESOLUTIONS
ITEM#73226
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$34,349 from the Library of Virginia to the FY
2022-23 Public Library Operating Budget re purchase books and other materials for the City's Public
Libraries print and digital collections
Voting.• 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 STATE FUNDS FROM THE LIBRARY OF VIRGINIA TO
3 PURCHASE BOOKS AND MATERIALS
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $34,349 is hereby accepted from the Library of Virginia and appropriated, with
9 revenue from the Commonwealth increased accordingly, to the FY 2022-23 Operating
10 Budget of the Virginia Beach Public Library to purchase books and materials.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day
of September , 2022.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
.7"1/
Budget and Management Services City- ttorney's Office
CA15891
R-1
August 24, 2022
48
ITEM— VLI.13
ORDINANCES/RESOLUTIONS
ITEM#73227
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$29,400 from the Department of Motor Vehicles
(DMV) to the FY2022-23 Police Department Operating Budget and AUTHORIZE 50%in-kind match re
overtime related to enforcement of seat belt and occupant protection laws
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C. Miles, John D. Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FOR THE ENFORCEMENT OF SEAT BELT AND
3 OCCUPANT PROTECTION LAWS AND TO AUTHORIZE AN
4 IN-KIND GRANT MATCH
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1 . $29,400 is hereby accepted from the U.S. Department of Transportation
10 National Highway Traffic Safety Administration via the Virginia Department of Motor
11 Vehicles, and appropriated, with federal revenue increased accordingly, to the FY 2022-
12 2023 Police Department Operating Budget for overtime related to the enforcement of seat
13 belt and occupant protection laws.
14
15 2. The local grant match (50% of the provided federal funds) is to be made in-
16 kind by the Police Department.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
September , 2022.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
WM1,1 I
udget and Management Services City tor s Office
CA15900
R-1
August 24, 2022
49
ITEM— VI.I.14
ORDINANCES/RESOLUTIONS
ITEM#73228
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $21,000 from the Virginia Department of
Behavioral Health and Developmental Services to the FY2022-23 Department of Human Services
Operating Budget re assist nine (9) individuals in the community for health and household needs
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS TO THE DEPARTMENT OF HUMAN SERVICES
3 FOR THE DEVELOPMENTAL SERVICES DIVISION
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $21,000 is hereby accepted from the Virginia Department of Behavioral Health and
9 Developmental Services and appropriated, with revenue from the Commonwealth
10 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department
11 of Human Services for the needs of clients within the Developmental Services Division.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of
September , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Zzi.j,. C jUf.
udget and Management Services e ' e
CA15892
R-1
August 24, 2022
50
ITEM— VI.I.15
ORDINANCES/RESOLUTIONS
ITEM#73229
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $4,673 from the Virginia Department of
Behavioral Health and Development Services(DBHDS) to the FY 2022-23 Department of Human Services
Operating Budget re Projects for Assistance in Transition from Homelessness(PATH)Program
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS FOR THE PROJECTS FOR ASSISTANCE IN
3 TRANSITION FROM HOMELESSNESS PROGRAM WITHIN
4 THE DEPARTMENT OF HUMAN SERVICES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $4,673 is hereby accepted from the Virginia Department of Behavioral Health and
10 Developmental Services and appropriated, with revenue from the Commonwealth
11 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department
12 of Human Services for the Projects for Assistance in Transition from Homelessness
13 Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of
September , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
iliff
B dget and Management Services City Attor y's Office
CA15893
R-1
August 24, 2022
51
ITEM— VLJ.1
PLANNING
ITEM#73230
Upon motion by Vice Mayor Wilson,seconded by Council Member Henley, City Council APPROVED,AS
MODIFIED, AS CONDITIONED, BY CONSENT, Application of REED ENTERPRISES
INCORPORATED ONE, A VIRGINIA CORPORATION & LIBERTY TRANSMISSION & AUTO
CARE,INC.,A VIRGINIA CORPORATION for a Modification of Proffers to a Conditional Rezoning&
Conditional Use Permit re auto repair garage at 3041 Holland Road DISTRICT 2 (Formerly District 7—
Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
REED ENTERPRISES INCORPORATED ONE, A VIRGINL4
CORPORATION & LIBERTY TRANSMISSION & AUTO CARE,
INC.,A VIRGINIA CORPORATION for a Modification of Proffers to a
Conditional Rezoning& Conditional Use Permit re auto repair garage at
3041 Holland Road(GPIN 1495138628)DISTRICT 2 (Formerly District
7—Princess Anne)
The following conditions shall be required:
1. The development of the site shall substantially conform with the site plan entitled "SITE
LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041
HOLLAND ROAD VIRGINIA BEACH, VIRGINIA,"prepared by SIA and dated April 3,
2022 and with the elevation plans entitled, "LIBERTY TRANSMISSION&AUTO CARE,
INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022 and
which both have been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning& Community Development.
2. All motor vehicle repairs shall take place inside the building.
3. No outside storage of equipment,parts or materials shall be permitted.
4. No outside storage of vehicles in a state of obvious disrepair shall be permitted.
5. No tires for sale, merchandise or parts shall be displayed or stored outside.
6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said
lighting and glare shall be deflected, shaded, and focused away from adjoining property.
Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet.
7. 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.
September 6, 2022
52
ITEM— VLJ.1
PLANNING
ITEM#73230
(Continued)
8. A photometric plan shall be submitted at the time of final site plan review.
9. 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 release of the final site plan.
10. A final stormwater plan shall be submitted to the Development Services Center(DSC)for
review and approval.
11. 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.
An Agreement Encompassing Proffers Shall Be Recorded with The Clerk of Court
This Ordinance shall be effective in accordance with Section 107() of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6t1i day of September Two
Thousand Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
REED ENTERPRISES INCORPORATED ONE,a Virginia corporation
SECOND AMENDMENT TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 14th day of June, 2022, by and between REED
ENTERPRISES INCORPORATED ONE, a Virginia corporation, Grantor; and THE CITY OF
VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a parcel of property located in the Princess
Anne District of the City of Virginia Beach, containing approximately 3.014 acres as more
particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS,the Grantor has initiated a modification to a conditional amendment to the
Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as
to modify conditions to the Zoning Classification of the Property; and
WHEREAS, the Grantor has requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated June 3, 2013 as recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument
Number 20131015001228540 (hereinafter "2013 Proffers") and the previously proffered
Covenants, Restrictions and Conditions dated August 31, 2015 as recorded in the afore
referenced Clerk's Office as Instrument Number 20151216001204620 (hereinafter "2015
Amended Proffers") to reflect amendments applicable to the land use plan on the Property;
and
WHEREAS, it is the intent of the Grantor to delete the five (5) numbered proffers in
the 2013 Proffer as amended by the 2015 Amended Proffers and replace them in their entirety
with those proffers herein set forth; and
PREPARED BY:
�SYK£S.IOURDON. GPIN: 1495-13-8628-0000
AHERN&LEVY,P.0
Prepared by:
R.Edward Bourdon,Jr.,Esq.-VSB#22160
Sykes,Bourdon,Ahern&Levy,P.C.
4429 Bonney Road
Suite 500
Virginia Beach,Virginia 23462
WHEREAS,the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change, and the need for various types of uses, certain reasonable conditions
governing the use of the Property for the protection of the community that are not generally
applicable to land similarly zoned are needed to cope with the situation to which the Grantor's
modification of condition to the zoning gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee,as a part of the proposed modification to the existing
zoning conditions with respect to the Property, the following reasonable conditions related
to the physical development, operation, and use of the Property to be adopted, which
conditions have a reasonable relation to the proposed modification and the need for which is
generated by the proposed modification.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of compulsion
or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval,
hereby makes the following amended declaration of conditions and restrictions which shall
restrict and govern the physical development, operation,and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants running with the
Property,which shall be binding upon the Property and upon all parties and persons claiming
under or through the Grantor,its successors,personal representatives,assigns,grantees,and
other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown
on the exhibit entitled, "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL
REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA", prepared by SIA, dated 04-03-
2022, which has been exhibited to the Virginia Beach City Council and is on file with the
PREPARED BY:
syi s,POURDON, Virginia Beach Department of Planning (hereinafter"Site Plan").
III N&LEVY.PC
2. The exterior of the building depicted on the Site Plan shall be substantially
similar in appearance and shall utilize the building materials and colors depicted and
2
described on the elevations entitled, "LIBERTY TRANSMISSION & AUTO CARE, INC. 3041
HOLLAND ROAD,VIRGINIA BEACH,VA 23453, dated April 5, 2022,which has been exhibited
to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning& Community Development (hereinafter"Elevation").
3. The freestanding sign depicted on the Site Plan shall be a monument style sign
with a brick base matching the brick on the building, no greater than eight feet (8') in height,
with an internally lighted box sign and cap not exceeding the dimensional limitations set forth
in the City Code.
4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct
light down onto the premises and away from adjoining property.
5. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements.
6. These conditions supersede and replace those previously proffered conditions
numbered 1 through 5 as set forth in the 2013 Proffers as modified by the 2015 Amended
Proffers.
All references hereinabove to B-2 District and to the requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance
of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by
City Council,which are by this reference incorporated herein.
The above conditions,having been proffered by the Grantor and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and specifically
repeals such conditions. Such conditions shall continue despite a subsequent amendment to
the Zoning Ordinance even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance until specifically
repealed. The conditions, however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia,and executed by the record owner of the Property at the time of recordation of such
PREPARED BY:
111 SYrEs.I30URDON, instrument, provided that said instrument is consented to by the Grantee in writing as
Ati£RN&LEVY,P.c.
evidenced by a certified copy of an ordinance or a resolution adopted by the governing body
of the Grantee, after a public hearing before the Grantee which was advertised pursuant to
3
the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance
or resolution shall be recorded along with said instrument as conclusive evidence of such
consent, and if not so recorded,said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order,in writing,that any noncompliance with such conditions be remedied;
and (b) to bring legal action or suit to insure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,
or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions,the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence
of conditions attaching to the zoning of the Property, and the ordinances and the conditions
may be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the
Grantor and the Grantee.
PREPARED BY:
Iv
SYKES,BOURDON.
AI E N&LEVY,P C
4
WITNESS the following signature and seal:
Grantor:
Reed Enterprises Incorporated One,
a Virginia corporation
By: f-- F ! > //}J (SEAL)
If��- �' 1 t�R� � !
ee President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 14th day of June, 2022,by
Neal Reed, President of Reed Enterprises Incorporated One, a Virginia corporation, Grantor.
mow, .'K / J I ,
,7a
Notary Public
My Commission Expires: August 31, 2022 ''•'qt����R ee��l��,#
Notary Registration Number: 192628 .4, �PpMMO,i,�peet
6.
Z oO 9c'6 i s x E
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`•,'9,9'••9GiNtP ,--,i,
4*,,, ppeg.' ,%Os
4
PREPARED BY:
LIU SYIC£S,I30URDON.
II AIWRN&LEVY.P.0
5
•
EXHIBIT "A"
All that certain tract, piece or parcel of land with the improvements thereon and
appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough in the
City of Virginia Beach, Virginia, and being designated and shown as Lots 28, 29 and 30 on a
plat entitled, "Subdivision for W. W. Sawyer and Edwin J. Smith of a Tract of Land near Land
Town in Princess Anne County, etc.", which plat is dated May, 1913 and made by J. E. Old
Surveyor, and duly of record in the Clerk's Office of the Circuit Court in the City of Virginia
Beach, Virginia, in Map Book 6, at Page 81; said lots fronting on the southwestern side of
Holland Road and taken as a whole containing four (4) acres, more or less; reference to said
plat is hereby made for a more particular description of said property fronting on Holland
Road.
SAVE AND EXCEPT that portion thereof heretofore conveyed for the widening of the existing
Holland Road.
GPIN: 1495-13-8628-0000
H:\AM\-Mod of Proffers\Reed Enterprises One\3041 HollandRoad\2nd Amendment to Proffers.docx
PREPARED BY:
113 SYKES,BOURDON.
11.1 AA£RN&LEVY,P.C.
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Reed Enterprises Incorporated One, a Virginia Corporation & -,4b, ,,
V A Site iberty Transmission & Auto C re, Inc, a Virginia Corporation W `�W'
Property Polygons
s
0
Zoning 3041 Holland Road
Building ciiiimicmiciFeet
0 2040 80 120 160 200 240
53
ITEM— VI.J.2
PLANNING
ITEM#73231
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,AS
PROFFERED, BY CONSENT, Application of JOYCE NELSON/SHELLEY GRAY SWEITZER &
SUZANNE GRAY for a Conditional Change of Zoningfrom Conditional B-2 Community Business District
to Conditional AG-2 Agricultural District re single-family dwelling at 2748 West Landing Road DISTRICT
2(Formerly District 7—Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
JOYCE NELSON/SHELLEY GRAY SWEITZER&SUZANNE GRAY
for a Conditional Change of Zoning from Conditional B-2 Community
Business District to Conditional AG-2 Agricultural District re single-
family dwelling at 2748 West Landing Road (GPIN 1492620072)
DISTRICT 2(Formerly District 7—Princess Anne)
The following conditions shall be required:
An Agreement Encompassing Proffers Shall Be Recorded with The Clerk of Court
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 6th day of September Two
Thousand Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M.Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
JOYCE NELSON,SHELLEY GRAY SWEITZER and SUZANNE GRAY
TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 14th day of June, 2022, by and between JOYCE NELSON,
SHELLEY GRAY SWEITZER and SUZANNE GRAY, parties of the first part, Grantors; and THE CITY
OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee,party of
the second part,Grantee.
WITNESSETH:
WHEREAS,Grantors are the owners of a certain parcel of property located in District#2 of
the City of Virginia Beach,containing approximately 6.6 acres and described in Exhibit"A"attached
hereto and incorporated herein by this reference, said property hereinafter referred to as the
"Property";and
WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the
City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from the Conditional B-2 General Commercial District to Conditional
AG-2 Agricultural District;and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation;and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses on
and in the area of the Property and at the same time to recognize the effects of change that will be
created by the Grantors'proposed rezoning,certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land similarly
GPIN: 1492-62-0072-0000
Prepared by:
R.Edward Bourdon,Jr.,Esq.,VSB#22160
Sykes,Bourdon,Ahern&Levy,P.C.
4429 Bonney Road
Suite 500
Virginia Beach,Virginia 23462
zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise;
and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with
respect to the Property, the following reasonable conditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map
relative and applicable to the Property,which has a reasonable relation to the rezoning and the need
for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion or quid
pro quo for zoning, rezoning,site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation, and use of the Property and hereby covenant and agree that this
declaration shall constitute covenants running with the Property,which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors,their successors,
personal representatives,assigns,grantees,and other successors in interest or title:
1. The Property shall only be used for one (1) or more of the following principal uses
as permitted in the Zoning District:
(a) Agricultural,aquacultural and horticultural operations;
(b) A rural single family dwelling;
(c) Fish hatcheries and fish ponds;
(d) Forests and forestry;
(e) Home based wildlife rehabilitation.
2. The Property shall not be used for any principal uses other than as specified in
proffer number 1 and it shall not be used for any conditional use as defined in the Use Regulations
for the AG-2 Agricultural District in the Grantee's Zoning Ordinance.
3. Further conditions may be required by the Grantee during detailed Site Plan review
and administration of applicable City Codes by all cognizant City agencies and departments to meet
all applicable City Code requirements.
All references hereinabove to the AG-2 and B-2 Districts and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
2
Ordinance of the City of Virginia Beach,Virginia,in force as of the date of approval of this Agreement
by City Council,which are by this reference incorporated herein.
The above conditions,having been proffered by the Grantors and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect
until a subsequent amendment changes the zoning of the Property and specifically repeals such
conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may
be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the
time of recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee which was advertised
pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said
ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such
consent,and if not so recorded,said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with
all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions and restrictions, including the authority (a) to
order,in writing,that any noncompliance with such conditions be remedied,and (b)to bring legal
action or suit to insure compliance with such conditions, including mandatory or prohibitory
injunction,abatement,damages,or other appropriate action,suit,or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions,the Grantors shall petition the governing body for the review thereof prior to instituting
proceedings in court;and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning Administrator
3
and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach,Virginia,and indexed in the names of the Grantors and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
%4 wv (SEAL)
)6rEi2joy JY
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this O day of June, 2022,by
Ak\
Joyce Nelson,Grantor.
`011111////�
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Notary Public
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WITNESS the following signature and seal:
Grantor:
(SEAL)
Shelle ray Swei z r
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this a3 day of June, 2022, by
Shelley Gray Sweitzer, Grantor.
/r~',
Notary Public
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WITNESS the following signature and seal:
Grantor:
(SEAL)
zanne Gray
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me thisa3 day of June, 2022, by
Suzanne Gray,Grantor.
Jays GV/
Notary Public r�
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54
ITEM— VI.J.3
PLANNING
ITEM#73232
The following registered to speak:
Rob Beaman,Attorney for Applicant, 222 Central Park Avenue, Phone: 687-7547, spoke in SUPPORT
Barbara Messner, P. O. Box 514—spoke in OPPOSITION
Dr. Robert Lehma, 1345 Carolynn Drive, Phone: 576-5551, requested a deferral until more information
is available
Upon motion by Council Member Tower,seconded by Council Member Branch, City Council APPROVED,
AS PROFFERED, Application of TFJG CANOPY, LLC/SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH for a Conditional Change of Zoning from A-12 Apartment District to Conditional B-
4 Mixed Use District re redevelop the property with up to 132 multi family dwelling units and commercial
use at 1413 Laskin Road DISTRICT 6(Formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
TFJG CANOPY, LLC / SCHOOL BOARD OF THE CITY OF
VIRGINL4 BEACH for a Conditional Change of Zoning from A-12
Apartment District to Conditional B-4 Mixed Use District re redevelop the
property with up to 132 multi family dwelling units and commercial use
at 1413 Laskin Road(GPIN2417183772)DISTRICT 6(Formerly District
6—Beach)
The following conditions shall be required:
An Agreement Encompassing Proffers Shall Be Recorded with The Clerk of Court
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 6`h day of September Two
Thousand Twenty Two.
Voting: 7-1
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Aaron R. Rouse, Guy K. Tower and
Sabrina D. Wooten
Council Members Voting Nay:
Delceno C.Miles
Council Members Abstaining:
John D. Moss
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
3 1A:13E4c City of Virginia Beach
=.t
OF OUR P4
VBg v.com
PHONE:(757)636-1534
JOHN MOSS JDMOSSCiVBGOV.COM
COUNCIL MEMBER-AT-LARGE
September 6, 2022
In Reply Refer to 0078217
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
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 discussion and
vote the application of TFJG Canopy for a conditional change of zoning for
property owned by the School Board of the City of Virginia Beach at 1413 Laskin
Road.
2. My wife is employed by Virginia Beach City Public Schools (VBCPS), and I
therefore have a personal interest in VBCPS and this transaction.
3. I am abstaining from the City Council's consideration of this item.
I respectfully request that you record this declaration in the official records of City
Council.
Thank you for your assistance.
i el
ohn D. Moss
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
Document Prepared By:
Robert P.Beaman III,Esq.(VSB No.74668)
Troutman Pepper Hamilton Sanders LLP
222 Central Park Avenue,Suite 2000
Virginia Beach,VA 23462
AGREEMENT
THIS AGREEMENT (this "Agreement"), made this 30th day of March, 2022, by and
between TFJG CANOPY, LLC, a Virginia limited liability company ("Canopy", to be indexed as
grantor); SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, a body politic as
set forth in Article VIII, Section 7 of the Constitution of Virginia("School Board", and to be indexed as
grantor)(Canopy and School Board hereinafter collectively referred to as "Grantors"); and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to
as the"Grantee",and to be indexed as grantee).
WITNESSETH:
WHEREAS, School Board is the current owner of that certain parcel located in the City of
Virginia Beach,Virginia,identified by GPIN No.2417-18-3772,as more particularly described in Exhibit
A attached hereto and incorporated herein by reference(the"Property"); and
WHEREAS,Canopy is the current contract purchaser of the Property;and
WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property
from A-12 to Conditional B-4;and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for
various purposes, including mixed-use purposes, through zoning and other land development legislation;
and
WHEREAS, Grantors acknowledge that competing and sometimes incompatible uses conflict,
and that in order to permit differing uses on and in the area of the subject Property and at the same time to
recognize the effects of the change and the need for various types of uses, certain reasonable conditions
governing the use of the Property for the protection of the community that are not generally applicable to
land similarly zoned Conditional B-4 are needed to cope with the situation to which the Grantors'
rezoning application gives rise;and
WHEREAS,Grantors have voluntarily proffered in writing in advance of and prior to the public
hearing before the Grantee,as part of the proposed conditional amendment to the Zoning Map,in addition
to the regulations provided for in the existing B-4 zoning district by the existing City's Zoning Ordinance
(CZO),the following reasonable conditions related to the physical development, operation and use of the
Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property,all of
which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and
GPIN No. 2417-18-3772
124125164v6
WHEREAS,said conditions having been proffered by the Grantors and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full
force and effect until a subsequent amendment changes the zoning on the Property covered by such
conditions;provided,however,that such conditions shall continue despite a subsequent amendment if the
subsequent amendment is part of the comprehensive implementation of a new or substantially revised
zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by
written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia and executed by the record owner of the subject Property at the time of recordation of such
instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced
by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a
public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section
15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent.
NOW THEREFORE,the Grantors,for themselves,their successors,assigns,grantees,and other
successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or
its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site
plan,building permit or subdivision approval, hereby makes the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation and use of the Property
and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute
covenants running with the said Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through the Grantors, their heirs, personal representatives, assigns,
grantees and other successors in interest or title,namely:
1. When developed, the improvements and landscaping on the Property shall be developed
in substantial conformity with the conceptual site plan entitled "The Canopy — Conceptual Site and
Landscape Plan", dated March 24, 2022, and prepared by Timmons Group (the "Concept Plan"), a copy
of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
2. The quality of architectural design and materials of the mixed use buildings constructed
on the Property, when developed, shall be in substantial conformity with the exhibit prepared by EDSA,
entitled "Mixed Use Building Design Concept", and dated March 24, 2022 (the "Mixed Use Elevation"),
a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach
City Council.
3. The quality of architectural design and materials of the commercial building developed
on that portion of the Property fronting Laskin Road and Winwood Drive (as shown on the Concept
Plan), when developed, shall be in substantial conformity with the exhibit prepared by EDSA, entitled
"Design Concept", and dated March 24, 2022 (the "Commercial Elevation"), a copy of which is on file
with the Department of Planning and has been exhibit to the Virginia Beach City Council.
4. The number of multifamily residential units located on the Property, when developed,
shall not exceed a total of one hundred thirty two(132).
5. Freestanding signage located on the Property shall be monument-style, no larger than
eight feet(8')in height,and shall be constructed of materials compatible with those used for the buildings
located on the Property.
124125164v6 2
6. Any dumpster located on the Property will be screened from adjacent public streets by an
enclosure constructed of materials compatible with those used for the buildings located on the Property.
7. If requested by the City Department of Public Works during the site plan review process,
Grantor will dedicate a maximum twenty foot (20') wide public drainage easement over existing
stormwater drainage facilities located in the northeastern portion of the Property (as the same may be
relocated with the agreement of the City Public Works Department).
8. If requested by the City Utilities Department during the site plan review process,Grantor
will dedicate a maximum fifteen foot(15')wide public utility easement along the eastern boundary of the
Property and along the southern boundary of the proposed pump station site (as shown on the Concept
Plan)in locations acceptable to the City Utilities Department.
9. Pursuant to Section 107(i) of the Virginia Beach Zoning Ordinance, the commercial
building developed on that portion of the Property fronting Laskin Road and Winwood Drive (as shown
on the Concept Plan), when developed, will be permitted to encroach into the required building setbacks
along the adjacent rights-of-way to the extent shown on the Concept Plan.
10. Further conditions lawfully imposed by applicable development ordinances may be
required by the Grantee during detailed site plan and/or subdivision review and administration of
applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer to the
City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional
zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of.the City of Virginia Beach,
Virginia shall be vested with all necessary authority on behalf of the governing body of the City of
Virginia Beach, Virginia to administer and enforce the foregoing conditions, including(i)the ordering in
writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action
or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction,
abatement,damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions
shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be
appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions
of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property
on the map and that the ordinance and the conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Department of Planning and that
they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
and indexed in the name of the Grantors and Grantee.
124125164v6 3
IN WITNESS WHEREOF; the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
TFJG CANOPY,LLC,a Virginia limited liability
company
By: • �:..
Its: /i244,4f,3- Aft.10./r'
STATE/COMMONWEALTH OF �1? - r( c-
CITY/COUNTY OF \ficisSA'v‘;a( oc...64
The foregoing instrument was sworn to and acknowledged before me this 30 'day of
'Martin , 2022, by t u,-tcV T Y w;,n , in his capacity as Manager of TFJG Canopy,
LLC, a Virginia limited liability company. He is either personally known to me or has produced
VNIre‘mei F as identification.
Witness my hand and official stamp or seal this 3dtday of rr)as-r ,2022.
Notary Public (SEAL)
My Commission Expires: OI f 2L /goa.3 Kayla Maria Ferdiani
Notary Public,Commonwealth of Virginia
Registration Number: 15 a L1 y y 5- Reg. No.7824445
My Commission Expires 01/31/2023
124125164v2 4
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first
written above.
GRANTOR:
SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH,VIRGINIA,a body politic as
set forth in Article VIII, Section 7 of the
Constitution of Virginia
By: }Lai `-.7/:
Its:
STATE/COMMONWEALTH OF V t2.C,I N,Pr
CITY/COUNTY OF VIQ(.IN* 204,1-1 ,to-wit:
The foregoing instrument was sworn to and acknowledged before me this Z(o day of
pegs L. , 2022, by C .toGy a T. 2`{E. , in his/her capacity as SCi+oo c. Bono cm+ni4..of
School Board of the City of Virginia Beach, Virginia, a body politic as set forth in Article VIII,
Section 7 of the Constitution of Virginia. He/she is either personally known to me or has produced
%A S EL F as identification.
Witness my hand and official stamp or seal this 2 TM day of Mei . , 2022.
9114
Notary Public (SEAL)
OARIA �.
My Commission Expires: oe f 31 2'Z`f' •' P O
;`�� .•' NOTARy'•.;L Z
• PUBLICVvrA
Registration Number: 7(8S II q(O REG#7881146••
c, ;MY COMMISSION:O
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124125164v2 5
EXHIBIT A
Legal Description
ALL THAT certain lot, tract or parcel of land, together with the improvements thereon, situate,
lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA —
12.785 ACRES" on that certain plat entitled "MAP OF LANDS TO BE ACQUIRED FROM
EUREKA BRICK CO., ON LASKIN ROAD NEAR GREAT NECK CREEK, PRINCESS
ANNE COUNTY, VA.," dated April 22, 1954, and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 36, at page 36.
LESS AND EXCEPT all that certain public right-of-way conveyed to the City of Virginia Beach
as shown in the aforesaid Clerk's Office in Map Book 221, at page 61.
LESS AND EXCEPT and SUBJECT TO all that certain public right-of-way and those certain
permanent easements, respectively, acquired by the Virginia Department of Transportation as
shown in the aforesaid Clerk's Office as Instrument Number 200400157022.
SUBJECT TO all those certain permanent easements acquired by the Virginia Department of
Transportation as shown in the aforesaid Clerk's Office as Instrument Number 201100105530.
SUBJECT TO all those certain temporary construction easements acquired by the Virginia
Department of Transportation as shown in the aforesaid Clerk's Office as Instrument Number
201900028208.
IT BEING a portion of the same property conveyed to The School Board of the City of Virginia
Beach, Virginia, a body politic as set forth in Article VIII, Section 7 of the Constitution of
Virginia, formerly the County School Board of Princess Anne County, by Deed dated April 24,
1954 from Eureka Brick Company, Incorporated, and recorded in the aforesaid Clerk's Office in
Deed Book 359, at page 33.
124125164v4 6
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55
ITEM— VI.J.4
PLANNING
ITEM#73233
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of T-MOBILE & CITY OF VIRGINIA BEACH for a
Conditional Use Permit re communication tower at 2068 Landstown Centre Way DISTRICT 2 (Formerly
District 7—Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
T-MOBILE & CITY OF VIRGINIA BEACH for a Conditional Use
Permit re communication tower at 2068 Landstown Centre Way (GPIN
1484869245)DISTRICT 2 (Formerly District 7—Princess Anne)
The following conditions shall be required:
1. The tower shall be constructed substantially in adherence to the site plans entitled
"VA 70801 B VIRGINIA BEACH SPORTSPLEX",prepared by BM Architect Engineering
and dated March 8, 2022, which has been exhibited to the Virginia Beach City Council
and is on file in the Department of Planning& Community Development.
2. The communication tower shall not exceed one hundred twenty-six(126)feet in height.
3. In the event interference with any City emergency communications facilities results from
the use of this tower and antennas, the user(s)shall take all measures reasonably necessary
to correct and eliminate the interference. If the interference cannot be eliminated within a
reasonable time, the user shall immediately cease operation to the extent necessary to stop
the interference.
4. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease
to be used for a period of more than one (1)year, the applicant shall remove the tower,
antennas, and related equipment from the property within ninety(90) days.
5. No signage shall be permitted on the communication tower.
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 6thr day of September Two
Thousand Twenty Two.
September 6, 2022
56
ITEM— VLJ.4
PLANNING
ITEM#73233
(Continued)
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
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2068 Landstown Centre Way
Zoning
Building mom. Immi. ■nli Feet
0 14T90 580 870 1,160 1,450 1,740
57
ITEM— VLJ.5
PLANNING
ITEM#73234
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED, BY CONSENT,Application of WORLD FAMOUS OCEANA BHS,INC/OCEANA
CROSSINGS, LLC for Conditional Use Permits re tattoo parlor & body piercing at 1375 Oceana
Boulevard, Unit 118 DISTRICTS (Formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WORLD FAMOUS OCEANA BHS, INC / OCEANA CROSSINGS,
LLC for Conditional Use Permits re tattoo parlor&body piercing at 1375
Oceana Boulevard, Unit 118(GPIN2415489273)DISTRICTS(Formerly
District 6—Beach)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department for consistency with the provisions of Chapter 23 of
the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the establishment
or from the waiting and sales area within the establishment.
3. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors. Window signage shall not be
permitted.A separate sign permit shall be obtained from the Planning Department for the
installation of any new signs.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6th day of September Two
Thousand Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi—Ill
September 6, 2022
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58
ITEM— VLJ.6
PLANNING
ITEM#73235
Upon motion by Vice Mayor Wilson,seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of WORLD FAMOUS BHS, INC / L YNNHA VEN
INVESTMENT PARTNERS,LLC for Conditional Use Permits re tattoo parlor& body piercing at 2980
Virginia Beach Boulevard DISTRICT 8(Formerly District 5—Lynnhaven)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
WORLD FAMOUS BHS, INC / LYNNHA VEN INVESTMENT
PARTNERS, LLC for Conditional Use Permits re tattoo parlor& body
piercing at 2980 Virginia Beach Boulevard (GPIN 1497251963
DISTRICT 8(Formerly District 5—Lynnhaven)
The following conditions shall be required:
1. A business license for the Tattoo Parlor and Body Piercing Establishment shall not be issued
to the applicant without the approval of the Health Department for consistency with the
provisions of Chapter 23 of the City Code.
2. The actual application of tattoos and body piercing shall not be visible from the exterior of
the establishment or from the waiting and sales area within the establishment.
3. The parking for this use must adhere to the shared parking agreement and parking plan
approved by the Zoning Administrator.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors. Window signage shall not be
permitted.Any freestanding signage shall be monument style, no higher than eight feet, with
a brick base to match the building. A separate sign permit shall be obtained from the
Planning Department for the installation of any new signs.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6`h day of September Two
Thousand Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
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ITEM—
PLANNING
ITEM#73236
Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, City Council APPROVED,AS
CONDITIONED, BY CONSENT, Application of JENNY CORPORATION / ELIAS PROPERTY
SALEM CROSSING, LLC for a Conditional Use Permit re tattoo parlor at 2029 Lynnhaven Parkway,
Suite 200 DISTRICT 7(Formerly District 3—Rose Hall)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JENNY CORPORATION/ELL4S PROPERTY SALEM CROSSING,
LLC for a Conditional Use Permit re tattoo parlor at 2029 Lynnhaven
Parkway, Suite 200(GPIN 1475868600)DISTRICT 7(Formerly District
3—Rose Hall)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter
23-51 of the City Code.
2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only the application of
permanent makeup. No other form of tattooing shall be permitted.
3. The actual application of permanent make-up shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
4. All signage on the site must be in accordance with the sign regulations of the Zoning
Ordinance.A separate sign permit shall be obtained from the Planning Department for the
installation of any new signs.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 6`h day of September Two
Thousand Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi-Ill
September 6, 2022
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60
ITEM— VI.K
APPOINTMENTS
ITEM#73237
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
AGRICULTURAL ADVISORY COMMITTEE
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
INVESTIGATION REVIEW PANEL
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
SOCIAL SERVICES ADVISORY BOARD
TA/ITA CITIZENS ADVISORY COMMITTEE
TIDEWATER YOUTH SERVICES COMMISSION
URBAN AGRICULTURE ADVISORY COMMITTEE
WETLANDS BOARD
September 6, 2022
61
ITEM— VLK
APPOINTMENTS
ITEM#73238
Upon nomination by Council Member Henley, City Council APPOINTED:
DYLAN BLANDO
THOMAS LANKFORD
(Student Members)
9/6/2022—6/30/2023
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
62
ITEM— VLK
APPOINTMENTS
ITEM#73239
Upon nomination by Council Member Henley, City Council APPOINTED:
DELCENO C.MILES
9/6/222—12/31/2022
ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
63
ITEM— VLK
APPOINTMENTS
ITEM#73240
Upon nomination by Council Member Henley, City Council APPOINTED:
JOHN D.MOSS
(Ex-Officio)
Unexpired thru 4/30/2023
AUDIT COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
64
ITEM— VLK
APPOINTMENTS
ITEM#73241
Upon nomination by Council Member Henley, City Council APPOINTED:
DELCENO C.MILES
(Ex-Officio)
9/6/222—12/31/2022
BAYFRONT ADVISORY COMMISSION
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
65
ITEM— VLK
APPOINTMENTS
ITEM#73242
Upon nomination by Council Member Henley, City Council APPOINTED:
SANAE LINDSAY
MARIELLA MUNIZ
(Student Members)
One year term 9/6/2022—8/31/2023
CLEAN COMMUNITY COMMISSION
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
66
ITEM— VLK
APPOINTMENTS
ITEM#73243
Upon nomination by Council Member Henley, City Council APPOINTED:
AILEEN SMITH
(Director, Human Services)
GREGOR Y SMITH
(Director, Court Services Unit)
Unexpired term thru 1/31/2024
COMMUNITY POLICY AND MANAGEMENT TEAM
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
67
ITEM— VLK
APPOINTMENTS
ITEM#73244
Upon nomination by Council Member Henley, City Council REAPPOINTED:
WILLL4M BR UNKE
TAYLOR FRANKLIN
PENNY MORGAN
Four year term 9/1/2022-8/31/2026
DEVELOPMENT AUTHORITY
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
68
ITEM— VLK
APPOINTMENTS
ITEM#73245
Upon nomination by Council Member Henley, City Council APPOINTED:
DELCENO C.MILES
No Term
HAMPTON ROADS PLANNING DISTRICT COMMISSION
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
69
ITEM— VLK
APPOINTMENTS
ITEM#73246
Upon nomination by Council Member Henley, City Council APPOINTED:
JENNA MORRIS
(Student Member)
Unexpired term thru 9/30/2022
Plus one year term 10/1/2022—9/30/2023
And
REAPPOINTED
NATALIE HUBBARD
(Student Member)
One year term 10/1/2022—9/30/2023
HISTORIC PRESERVATION COMMISSION
Voting: 9-0
Council Members Voting Aye.
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
70
ITEM— VLK
APPOINTMENTS
ITEM#73247
Upon nomination by Council Member Henley, City Council REAPPOINTED:
ANN CRENSHA W
Four year term 10/1/2022-9/30/2026
HOUSING ADVISORY BOARD
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
71
ITEM— VI.K
APPOINTMENTS
ITEM#73248
Upon nomination by Council Member Henley, City Council APPOINTED:
SIMONE NIED
(Student Member)
Two year term 10/1/2022—9/30/2024
HUMAN RIGHTS COMMISSION
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
72
ITEM— VLK
APPOINTMENTS
ITEM#73249
Upon nomination by Council Member Henley, City Council REAPPOINTED:
SUSAN MAYO
Three year term 9/1/2022-8/31/2025
INVESTIGATION REVIEW PANEL
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
73
ITEM— VLK
APPOINTMENTS
ITEM#73250
Upon nomination by Council Member Henley, City Council APPOINTED:
CHRISTOPHER CHOPE
Unexpired term thru 2/28/2023
Plus five year term 3/1/2023—2/29/2028
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
Voting.• 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
74
ITEM— VLK
APPOINTMENTS
ITEM#73251
Upon nomination by Council Member Henley, City Council REAPPOINTED:
JOE FERRARA
(Residential Property Owner in APZ-1)
JOHN PARKER
(Commercial Property Owner in APZ-1)
Five year term 9/1/2022- 8/31/2027
OCEANA LAND USE CONFORMITY COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
75
ITEM— VLK
APPOINTMENTS
ITEM#73252
Upon nomination by Council Member Henley, City Council APPOINTED:
PAGE MIYARES
(Resort Advisory Commission Member)
No Term
OLD BEACH DESIGN REVIEW COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
76
ITEM— VLK
APPOINTMENTS
ITEM#73253
Upon nomination by Council Member Henley, City Council REAPPOINTED:
JILL EWELL
(Representing At Large)
9/1/2022- 12/31/2022
PARKS AND RECREATION COMMISSION
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
77
ITEM— VLK
APPOINTMENTS
ITEM#73254
Upon nomination by Council Member Henley, City Council APPOINTED:
CHARLOTTE ZITO
Four year term 9/6/2022-8/31/2026
And
REAPPOINTED
NEAL Y GIHAN
Four year term 9/1/2022-8/31/2026
PUBLIC LIBRARY BOARD
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
78
ITEM— VLK
APPOINTMENTS
ITEM#73255
Upon nomination by Council Member Henley, City Council APPOINTED:
JEREMY M.KLINE
(City Employee)
No Term
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
79
ITEM— VLK
APPOINTMENTS
ITEM#73256
Upon nomination by Council Member Henley, City Council APPOINTED:
MEGAN GRIBBLE
No Term
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
80
ITEM— VLK
APPOINTMENTS
ITEM#73257
Upon nomination by Council Member Henley, City Council REAPPOINTED:
CHRISTOPHER L. BROWN
JEROME CRAIN,JR.
ROBERT EWELL
Four year term 9/1/2022-8/31/2026
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
81
ITEM— VLK
APPOINTMENTS
ITEM#73258
Upon nomination by Council Member Henley, City Council REAPPOINTED:
JASON BARNEY
Five year term 10/1/2022-9/30/2027
WETLANDS BOARD
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,Delceno C.Miles,John D.Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
82
ITEM— VI.K
APPOINTMENTS
ITEM#73259
Upon nomination by Council Member Henley, City Council APPOINTED CITY COUNCIL LIAISONS:
DEVELOPMENT AUTHORITY
Michael F. Berlucchi
FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD
John D. Moss
HOUSING AD VISOR Y BOARD
Delceno C. Miles
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
N. D. "Rocky"Holcomb
MINORITY BUSINESS COUNCIL
Delceno C. Miles
STORMWA TER APPEALS BOARD
Barbara M. Henley
Voting: 9-0
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss,Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Michael F. Berlucchi
Vice Mayor Rosemary Wilson
September 6, 2022
83
ADJOURNMENT
ITEM#73260
Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:18 P.M.
___-
Terri H. Chelius
Chief Deputy City Clerk
Amanda Barnes,MMC Robert M. Dyer
City Clerk Mayor
September 6, 2022
84
OPEN DIALOGUE
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke concerning her frustration with City Council.
Dustin Wallace, 1406 Lake Geneva Drive, Phone: 210-843-5059, spoke concerning the City's Active
Transportation Plan
Kim Whitley, 715 Winston Salem Avenue, Phone: 635-0836, spoke concerning the City's Active
Transportation Plan
Ed Hazelwood, 415 48`h Street, Phone:202-255-1787, spoke concerning the City's Active Transportation
Plan
Liz Altiere, 891 Elizabeth Drive, Phone: 740-403-2160, spoke concerning continuous drainage issues in
her neighborhood
ADJOURNED at 7:30 P.M.
September 6, 2022