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HomeMy WebLinkAboutSEPTEMBER 27, 2022 SPECIAL FORMAL SESSION MINUTES -0G‘14 1A'BE.:1". c 41 r�� _._ aE y h,Z7.4 r/ VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 27, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, City Hall, on Tuesday, September 27, 2022, at 2:30 P.M. Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles, John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Aaron Rouse—Arrived at 2:37 P.M 2 MAYOR'S CALL FOR SPECIAL FORMAL SESSION ITEM#73328 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach,I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,September 27,2022 at the conclusion of the regularly scheduled meeting City Council Conference Room Building 1, City Hall,2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to allow City Council to CONVENE INTO CLOSED SESSION for the following: • PROSPECTIVE BUSINESS OR INDUSTRY-Project Fox • PUBLIC CONTRACT-Project Sand& 35`"Street Parking • LEGAL MATTERS- ICRB • PERSONNEL MATTERS - Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees At the conclusion of the Closed Session, the City Council will reconvene in Open Session for the purpose of certifying the Closed Session before adjourning. Sincerely, -- ``'`11,4e<-J Robert M. Dyer Mayor" cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office September 27, 2022 GoA.B�A • cityof -Virginia Beach .F r ♦4 ,9ta OF OUR NW° VBgov com ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 September 22, 2022 BDYER(a1VBGOV HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,September 27,2022 at the conclusion of the regularly scheduled meeting City Council Conference Room Building 1, City Hall, 2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to allow City Council to CONVENE INTO CLOSED SESSION for the following: • PROSPECTIVE BUSINESS OR INDUSTRY-Project Fox • PUBLIC CONTRACT-Project Sand& 3561 Street Parking • LEGAL MATTERS- ICRB • PERSONNEL MATTERS- Council Appointments: Council,Boards, Commissions, Committees,Authorities,Agencies and Appointees At the conclusion of the Closed Session, the City Council will reconvene in Open Session for the purpose of certifying the Closed Session before adjourning. Sincerely, Robert M. Dyer Mayor cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 3 ADD ON HURRICANE IAN UPDATE ITEM#73329 2:31 P.M. Mayor Dyer advised the Body will receive an update on Hurricane Ian and welcomed Danielle C. Progen, Director—Emergency Management. Ms. Progen advised Emergency Management is monitoring Hurricane Ian's track and is forecasted to make landfall in Florida late Wednesday night — early Thursday morning as a category two hurricane. Ms. Progen advised once the hurricane makes landfall, it is expected to quickly dissipate as it continues traveling to central Georgia. Ms. Progen advised the outer bands of the hurricane may impact this area with rain and cooler temperatures. Ms. Progen advised the storm will continue to be monitored with appropriate preparations being made. Mayor Dyer expressed his appreciation to Ms. Progen for the update. September 27, 2022 4 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 2:36 P.M. Mayor Dyer welcomed Gary Ryan,Director& CEO. Ms.Ryan expressed her appreciation to City Council for their continued support: VIRGINIA MUSEUM OF CONTEMPORARY ART City of Virginia Beach Update September 27,2022 THANK YOU! City investments have yielded significant results. September 27, 2022 5 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) Here is a photo ofMOCA's front lawn before the improvements were made: d. .� ... .'-S'• wry .: p :,. -• l-0. t is , `r-s. 1 P -.- - I _ fr..: --. A.. ''''!'"g.C. 1" '' '' 4.. .4S-,-. '''. OEMOUf10N NOTES lEOBO AirAUM IbZ(-IAaIM'n _ 1-1 - j % go......... of •'+-.YRI t 4ri, -frti'uRD1aYr' p lismcmseras nwm w•.tee,'+'.r� t - a PIN,MINANNO ',MP i .,.A.-''---- -, \ r/ow.muw:w ' £may r • j l -.Ilk ".. r y+ ..y _ A MOCA COURTYARD IMPROVEMENTS PHASE I (1) rimmiama r, September 27, 2022 6 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) Students from surrounding schools worked together to create the sculpture pictured below: ♦r �_ 7 a'• ir. IN >,- .w i, •. bs c61'itractors matched city r ~' i,. investment thro,rgh in-kind..,vice 'M :I.', �' �10411:r<.' donations • ,. _...jit Tom spoor 1.a.elwa'.r Ind so s»brl..y...awryIt - • . .�.� J'..<a 01•sssW Loon/YbM... ■ T.r ,,1. . s1 .: . r 11 . G si liz 1 « t _ - This unique opportunity for our students actually fulfills one of the state's new art objects related to community art.in addition,the authentic experience of presenting an Idea to a professional review panel,colleboratively working to refine a team design,and building a full-scale sculpture are just a few of the amazing opportunities that have been presented to our students. We are grateful for this partnership. --Chris Buhner,Visual Arts Coordinator VBCPS September 27, 2022 7 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) "The tour was aligned with our expectations as it sparked the student's curiosity and the will to want to know more. They shared their thinking as they were challenged with questions about the artifacts that they saw." -Wanda Stephens,Seatack Elementary 111 411, r M� r �a P te: S f • The next several slides provide Maya Lin Exhibition attendance data: Comparative Attendance Maya Lin 2x most successful exhibition to date Exhibition Attendance across Weeks •lrYr•]nnr.r.t:u+•Mur.Ff4.W 4.x.1Y1(r•Il.r.lw. TOW Attendant Maya Lin .... 1eW NL :MrAYAa: 1": wl'e tia t1111 Summer of Women September 27, 2022 8 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) Maya Lin Attendance Over 14,000,+17%v.Goal Maya Lin Attendance Distirbution Across Continental US 40%from Virginia Beach 32%from Rest of Virginia 26%from Out of State R JNi,•f iT = fir•' StAtfS. I i 3 Rbq f 1.1 Maya Lin Visitors 32%from rest of Commonwealth Rest of Virginia Hampton Roads .�_ ♦ i<S• • ♦aft • • ,�. .11.6114, September 27, 2022 9 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) VB visitors from all of the City Virginia Beach Attendance Distribution VB Visitors: 40%North End/Great Neck 20%Kempsville 13%Rose Hall/Kings Grant • . • 12%Pungo 10%Bayside • 5% Green Run • Nx VB Youth Tours:(approx.500) 29%Military 71%non-Military 25%NE;21%Bayside;19%Seatack;12%Pungo; 10%Given Run;7%Kempsville;7%Bayside Awareness Drivers Maya Lin marketing investment impact How did you hear about us? wwaa Mwh , oF�,-- $100k media spend: - 52%rest of VA — - 40%Hampton Roads - 7%national 15MM+earned media MOlA, impressions through PR outreach—CVB and Bluewater September 27, 2022 10 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) On-site exhibition attendance 6.7% compounded annual growth rate Facebook 20,184 followers--12%YOY People Reached:2,293,286 Instagram 18,789 Followers-17%growth YOY Peopled Reach:659,963 Website Unique Vlsitors:174,894---71%YOY M,BA7 *no 46Q 1 14.t. 11/1Q 10OY 1041 FYri FYI! FYU nM FY. nu eft) FY9 FYi MO FY21 FYr) FYEE I/q.LYCn RO,YC” tj This graphic provides a historical timeline of various funding sources: Contributed Revenue 6.9% CAGR Driven by 20.9% Ind; 6% Muni;2.1% Corp sgmypoo 570000000 52.000.000.CO 00 S500000.0: S1500.000 i. .00000.00 51.000.000.00 530000000 S200.000.00 $500.000.00 5100,000.00 S0.00 50.00 FY 1S/16 FY 16/17 FY 17/18 FY 18/19 FY 19/i0 Fr 30/21 ..ll/:a Fv.t/]36u0¢c �iMN�AuM Be.enue •CwpaateanC,_.!a-:-R..e �1__,....eveme •EYen1 Rlren�L FY2223 47%committed to date September 27, 2022 11 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) Here is a breakdown of the FY22-23 City Investment: FY2223 City Investment* Thank you for your continued support • Exhibitions $114,000 GF • Education $135,000 GF • Marketing $180,000 TIP • Boardwalk Art Show $200,000 TIP $629,000 Total *Does not include lease commitments 0 s't .o, 2 V - `• 1 0, V.1 ,6„, • / - , , 't I li , '.3 lip ,,..x z ' . * ,, rwrAs - September 27, 2022 12 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) --ttAzz., ,_,-:,.. et ,iiitit41 ,41 , -',41er.- .k. 7 VIC : / Artist in ' *'/ ` r Residence it, „, ,-- ..,4r.,it vc-, ei a t .• e ..,-. , ''.- ' rr- . y 11 ill :r -_ l j ii f r - Boardwalk Art Show October 21-23,2022 • 175 artists,+20%YOY • Local art programs participating underwritten by VMOCA • VIP tent in Neptune Park • Family Park in 24th St.Park • Virginia Museum of Fine Art .+�`‘ t ` i' 7^ 1_ (VFMA)museum truck to / ...j '.,_- ' on site 1 � ' ' `e .- , Kick of party a: Thursday,October 20 at Hilton Sky Bar- please join us! / r L September 27, 2022 13 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) Here are a few Exhibitions coming up: Exhibitions Fall exhibitions open October 7 • Fall exhibitions October 7 through February 5 • More Than Shelter—commissioned work • Made in VA—525 artists submitted work+25%YOY • Spring exhibitions March 8 through June 11 • Kara Walker:Cut to the Quick • Pulitzer Prize-winning author,Monticello Trustee,and Harvard Law Professor Annette Gordon Reed keynote speaker • LaToya Hobbs,Baltimore artist • Artists-in-residence(3)with Community Gallery exhibition • In conversation with Virginia Museum of Fine Art to launch monumental sculpture program on xz VMOCA grounds FY2223 Community Partners More than Shelter Kara Walker • Work Program Architects • AbM•Kappa Atha • Teem•ia a Kapott • StandUp for Kids • °�""`"'0""` • p HamOton Universit• YWCA South Hampton Roads • c,.y,ier Mo,n,m v.g.i,Ar c,mA.r-w� came, • Filipino Community Members of • ,°,•°� "y" • vs Humeri RRntt Hampton Roads com.:aon • Fort Monroe Hatlwai • DIY House Shows Monument • V•geea Cenier k"elusive Communities • • Chesa eake Multicultural �°"""1Sboa • Resource Center-Eastern Shore v P Hampton Rood•Community•stage comu,m cpunclot;mn • v.9..,open • Urban League of Hampton Roads • Hampton UnisenAy • YWCA wmpcon Roan. • Judeo-Christian Outreach Center • Janette.,Fe,Nv,l • Norfolk State University • Nor,.Ci ty .UcC WI. • For Kids • N m st,ta UJaer,ky • University of Maryland, • Virgo.Humanities Global Studies Department • ad Dominion University September 27, 2022 14 CITY COUNCIL'S BRIEFING VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) STRATEGIC PARTNER UPDATE ITEM#73330 (Continued) FY2223 Other Initiatives • ODU Dragas Center for Economic Analysis conducting economic impact study on VB and HR region—results January 2023;SOR chapter TBD • Participating in Hampton Roads Community Foundation Racial Equity Assessment pilot(one of three non-profits selected) • Hosting South Hampton Roads Bar Association and Hampton Roads Community Action Program Non- Partisan Candidates Meet&Greet tonight . Awaiting notification on$100k FEMA grant for enhanced building security . Commencing reaccreditation self study mid-October Virginia MOCA is committed to continuing to distinguishing Virginia Beach in the minds of residents and visitors alike through the effective stewardship of resources in service to our mission. THANK YOU for your support. Mayor Dyer expressed his appreciation to Ms. Ryan for the presentation. September 27, 2022 15 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 3:04 P.M. Mayor Dyer welcomed Ruth Hill, Director—Housing&Neighborhood Preservation. Ms. Hill expressed her appreciation to City Council for their continued support: -44111111111111 Affordable Housing Strategy Development City Council Workshop—September 27,2022 Here is the Purpose of Briefing: Purpose of Briefing • Review of key findings from 2016 Housing Needs Assessment, Market Analysis, and Re-Investment Study • Best practices and strategies in other communities • Present scope and timeline for housing study update and strategy development • Seek approval to proceed and to fund housing study update and strategy development 2 September 27, 2022 16 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 (Continued) The next several slides provide the History and Background of City Council Goals in 2016: History and Background: City Council Goals in 2016 • Grow the Local Economy • Create a Financially Sustainable City Providing Excellent Services • Improve the Transportation System • Revitalize Neighborhoods and Plan for the Future • Be a Competitive First Class Resort for Residents, Businesses and Tourists 3 2016 Housing Needs Assessment, Market Analysis, and Re-Investment Study • Conducted by Virginia Center for Housing Research (VCHR) at Virginia Tech and czb, Inc. • Housing supply, needs, and demand; market dynamics; demographics, plans, policies, practices and regulations • Community and stakeholder engagement opportunities 4 September 27, 2022 17 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 (Continued) 2016 Housing Needs Assessment, Market Analysis, and Re-Investment Study VCHR Presentation to City Council on Jan. 24, 2017 • Summarized findings and recommendations • No Council policy or action recommendations were made • DHNP proposed next steps were for community/stakeholder input and development of a housing strategy and implementation plan for Council's consideration • Presentation and 2016 report posted online: VBgov.com/VBHousingStudy 5 Here are the Integral Finding from the 2016 Housing Study: Integral Findings from 2016 Housing Study 3 Influential & Impact of Vulnerabilities Millennia's on of the City's Interconnected the Housing Housing Conditions for Market Stock City's Attention Importance of Lower-Wage Jobs 6 September 27, 2022 18 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 (Continued) The next four(slides)provide a summary of the 2016 Housing Study: 2016 Housing Study: Cost Burden Among All Households by Income Range ■Cost Burdened Households a Severely Cost Burdened Households=Households Not Cost Burdened 80,000 HUD 2 BR Fair Market Rent 73,638 70,E FY 2016:$1,150 FY 2023:$1,329 60,000 50,000 40,000 30,000 14,272 8=g 20,000 17,361 11095 9,476 10,000 II - 1111 5,841 MI 2.1 r=80%AMFI 80170%AMC! 3110%AMf1 7 2016 Housing Study: # of Housing Units Affordable to Renters and Owners with Income <=80% AMI (2000 and 2014) ■2000 ■2014 60000 S3 • 27% decline in units ,404 60,006 46,694 affordable to low- 4000 income renters I ><t30 30,000 u6•l • 58% decline in m'"° owner-occupied and 10 for-sale units affordable to owners I units ad actable to Reese. a unit,anadabk to Oyler, Si..IkM 0./000 N.,Pm r t ale INS 20 iData et Kit i.W ty rt to 8 jus September 27, 2022 19 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 (Continued) 2016 Housing Study: Recommendations • Greenfield to Rehab and Infill & Single-family to Multifamily • Low-density, Single-use to Higher-density, Mixed-use • Dedicate Funds to Address Affordable Housing Challenge 9 2016 Housing Study: Implementation Vehicle & Tools • Housing Trust Fund: District Funds established by city, county, or state governments that receive ongoing, dedicated sources of public funding to support the production and preservation of affordable housing. • Land Bank: An entity established by local ordinance for the purpose of addressing vacant, abandoned, and tax delinquent properties • Community Land Trust: Non-profits that hold land in trust to provide affordable housing and other community assets in perpetuity. September 27, 2022 20 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 (Continued) The next three(3)slides provide an overview of Best Practices&Strategies in Other Communities: Best Practices & Strategies in Other Communities Community Population I Size Strategies More Information Blacksburg 19.7 Sq.Mi. • New River Home Trust Details on how low-to moderate- Pop.:44,949 (community land trust) income households are defined Households:12,935 • Affordable Housing Units:15,521 Development Fund Fairfax • 390 Sq.Mi. Secure ground ownership Acquired 4 acres in Tyson's • Pop.:1,144,740 and ensure long-term urban center to supportdev.of • Households: affordability 450 affordable housing units 398,653 using Affordable Housing • Units:415,149 Development&Investment Fund with ARPA Fund&Tysons Housing Trust Fund. Best Practices & Strategies in Other Communities (cont.) Community Population I Size Strategies More Information Tampa 114 Sq.Mi. 1. Housing Supply and • Set Targets,mitigate Pop.:384,959 Programs negative impacts Households: • New:Community Land Trust • Expand outreach,simplify 156,705 and Housing Trust Fund and centralize Information Units:174,041 • Expand Programs • Unify and integrate 2. Policy and Alignment: Counseling Services • Evaluate zoning district(s) • Focused efforts to identify solutions to serve a broad • Revise Land Development community. Code and Comp.Plan 3. Community Outreach and Engagement Approach 12 September 27, 2022 21 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 (Continued) Best Practices & Strategies in Other Communities (cont.) Community Population I Size Strategies More Information Charlotte 297 Sq.Mi. Integrated approach to increase Housing Trust Fund(2001) Pop.:873,000 capacity and impact Households: 338,985 1. Expand the supply Units:367,252 2. Preserve the affordability& quality of existing housing 3. Support family self- sufficiency 13 Here is a breakdown of American Rescue Plan Act (ARPA)funding appropriated by City Council on November 16, 2021: Use of City Treasury ARPA Funds to Develop Affordable Housing American Rescue Plan Act(ARPA) funds were appropriated by Council November 16, 2021. • JCOC: $500,000 New project Affordable units • VBCDC: $828,000 Rehab Existing units • Seton Youth Shelters: $1,000,000 Youth Shelter Rehab • Samaritan House: $750,000 for New Human Trafficking Shelter Total: $3,078,000 HUD HOME ARPA Funds allocated to DHNP HOME Housing Opportunities Fund: $1,187,729; must expend by 9/30/2030 14 September 27, 2022 22 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 (Continued) Multi-Family Affordable Rental Housing in Virginia Beach as of 2022 Existing Under Development 41 Developments: 4 Developments: • 31 LIHTC, 5 HUD, - All LIHTC 5 other funds 4,854 Total Units 446 Total Units 4,437 Affordable Units 401 Affordable Units Update Housing Study & Develop Affordable Housing Strategy • Received draft proposal from Virginia Center for Housing Research (VCHR) at Va. Tech • Estimated Cost: $100,000 41611111 16 September 27, 2022 23 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 (Continued) Here is VCHR's Proposed Scope and Timeline for Housing Study Update&Strategy Dev.: VCHR's Proposed Scope and Timeline for Housing Study Update & Strategy Dev. Now—JAN: JAN— MARCH— JUNE—AUG: Data MARCH:Data MAY: Strategy Dev. Gathering Analysis Qualitative &Report Begins Data Draft Gathering •;$trc�ti3pile •What's changed •Consultant •Public engagement k�caE.Sa�a, since previous rniervrew8�arith study? G(ty t unoll •Final report& ;per:;;:;::•:;;:: •Identify •Stile riOder proposed stakeholders focus groups recommendations ,,>;f om PROT. .; •Council feedback and direction Council Direction Sought • Authorization to fund and begin work VCHR at Va. Tech • Estimated Cost: $100,000 • Adequate funding in General Fund Reserve for Contingency • If approved,the Reserve's balance would be$1,175,201 September 27, 2022 24 CITY MANAGER'S BRIEFINGS AFFORDABLE HOUSING STRATEGY DEVELOPMENT ITEM#73331 (Continued) Thank You! Your Questions & Comments Ruth Hill, Director of Housing and Neighborhood Preservation (757) 385-5752 rdhill@vbgov.com VBgov.comNBHousingStudy 19 Mayor Dyer expressed his appreciation to Ms. Hill for the presentation. September 27, 2022 25 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 3:52 P.M. Mayor Dyer welcomed Robert J. Tajan, Director—Planning and Carolyn A.K. Smith, Planning Administrator -Planning Mrs. Smith expressed her appreciation to City Council for their continued support: Planning Items October 18th City Council Meeting There are twelve (12)Planning Items scheduled for October 18th: SUMMARY — October 18th 12 Planning items scheduled for City Council's consideration 1&2.Build Senior Living,LLC-District 2,formerly Princess Anne • Conditional Rezoning(AG-1&AG-2 Agncultural District to Conditional 0-1 Office District) - Conditional Use Permit(I-lousing for Seniors and Disabled Persons) • Recommended for Approval by Planning Commission&Staff 3.Boing US Holdco,Inc—District 3,formerly Kempsville • Conditional Use Permit(Car Wash Facility) • Recommended for Approval by Planning Commission&Staff • —�� 4.Take 5 properties SPV,LLC,a Delaware limited liability company—District 3,formerly Rose Hall • Modification of Conditions(Automobile Repair Garage) • Recommended for Approval by Planning Commission&Staff 5&6.Bel Aire,LLC&take 5 SPV,LLC,a limited liability company—District 5,formerly Princess Anne • Conditional Use Permits(Car Wash Facility&Automobile Repair Garage) - Recommended for Approval by Planning Commission&Staff 2 September 27, 2022 26 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) SUMMARY - October 18th 12 Planning items scheduled for City Council consideration 7.Anthony Lee Franco-District 1,formerly Kempsville • Conditional Use Permit(Tattoo Parlor) • Recommended for Approval by Planning Commission&Staff J 8.Darren&Marcella King Joint Revocable Living Trust-District 8,formerly Bayside • Subdivision Variance(Section 4.4(b)of the Subdivision r...... ...�•._r.. Regulations) .- • Recommended for Approval by Planning Commission&Staff 9.Mike Daubert-District 2,formerly Princess Anne • Conditional Use Permit(Assembly Use) •`""""" • Recommended for Approval by Planning Commission&Staff ,,.,• ,._..._.,.,,, 10.Thomas Cunningham-District 6,formerly Beach ,. .....: • Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff 11.Susan Limor-District 5,formerly Beach • Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff 12.Greg Zinis-District 6,formerly Beach 3 • Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&S BUILD SENIOR LIVING, LLC ITEMS Council District District 2, formerly Princess Anne 1 & 2 Location Parcels on the north side of the intersection of Princess Anne Road& Tournament Drive&west of 2708 Princess Anne Road ) i <CU->✓• L` /, - r \ , IW j/A% ` "irk�i " dd// 4 CONDITIONAL REZONING(AG-1 &AG-2 Agricultural District to Conditional 0-1 Office District) CONDITIONAL USE PERMIT(Housing for Seniors&Disabled Persons) Staff recommends Approval 4 Planning Commission voted 10 to 0 to r September 27, 2022 27 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) • t 7717 _c4,c‘ - -- •s I • Proposal for Conditional Rezoning of AG-1&2 to Conditional 0-1 • Site within North Courthouse Suburban Focus Area Office District&Conditional Use Permit for Housing for Seniors& &Southern Rivers Watershed Disabled Persons • Wetland impact of approximately 5 acres 1 vehicular ingress/egress proposed along Princess 5 • Almost 11-acre site on 2 parcels proposed with 29%lot coverage Anne Road C. I 111111111 T • 88 bed,83,000 square foot,1-story facility with indoor&outdoor amenities for residents • Presented to Senior Housing Advisory Committee who had no concerns • 10 parking spaces proposed above minimum,plantings beyond basic requirements proposed 6 September 27, 2022 28 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) BOING US HOLDCO, INC ITEM Council District: District 3,formerly Kempsville 3 Location: 837 Kempsville Road •d ' :-1 t ,76-t----------- / 1 i , I / 1 ` o .--r., . . / J , CONDITIONAL USE PERMIT (Car Wash Facility) Staff recommends Approval 7 Planning Commission voted 10 to r-T 0!YYrMkf:VrO 't. Wlfra11w111 .0�(�•+ �-� y'r�wE YAdYY W Va.RMf M 0,V,f:•f r MMl K0.00 f MU 600.K40 /y�fy.EOar40 t)/K/Oq/K 4 4 4 ♦ F 4. 0 .0 ore,nnay.M.OKt.b..M . .► •y tgf!SM fMIIi l.pa.0t'C N.af,V 0 O of r.4•AElf alO•.l0 01**ISMO.OEO 1; ,.i.'_ ' !Yj{:�". O1 t A.O4t.V..Al.kyle • r•' ', f i _ /• 00 W.s,iO•,a.f+4•WElwq•kgM.(0 'a E'Aapa[EM! �'�• ( 2 wpnOR <N 1 Otis ' � v,, gtl4R.IMN1raNYfaf!n+.r mMd - WI d..00... O ® L+V•N.,iniuspoawo fMG-.OlO O.I.O O e.Mrn i. - i M► :r•s O • o$00.0 V0010.MG to.0 roc,.,l,✓..t...u. Mlle"•wr:.yaa• _.� 4MnW..Dra.l ROOM L ) / aOjOaO-OiOAOi441404001Oi; 0 ....OSIE[twp,R rM ----- O w.asi OIWIOOEM qsi AIMNINaO' asI tar PC 0 fiiegiiil • Request for a Conditional Use Permit for a Car Wash Facility within the Fairfield Shopping Center • Existing building to be demolished &site redeveloped with a 3,887 square foot car wash with 13 vacuum stations • Proposed use likely generate lower traffic volumes than other typical commercial uses permitted by-right 8 September 27, 2022 29 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) _ rill $..7==.1,,......- 'Wu h usvwTOn d r1011n•[uv+,ow w li --; '' ' ' - ' at I. • Proposed building elevations depict a modern-style building of approximately 31 feet at the tallest point • Plantings proposed to bring site into conformance with current landscaping requirements • No known opposition 9 TAKE 5 PROPERTIES SPV, LLC, A DELAWARE ITEM LIMITED LIABILITY COMPANY 4 Council District: District 3,formerly Rose Hall Location: 3680 Holland Road i:_. t1 -----------, .k...._. VI - :]. = . : ��R¢;�=�- a _, NJ, ._) 1 � iliI a Wei cz-:- 7----z----....7- E:=Z:li El 4 . 1--, _ ; MODIFICATION OF CONDITIONS (Automobile Repair Garage) Staff recommends Approval to Planning Commission voted 10 to 0 to re - September 27, 2022 30 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) 1 w_._ • Request to modify conditions of __ - :;: Automobile Repair Garage on parcel north of Chimney Hill Shopping Center y'_ kA; • Use will replace auto rental operation " • All work to occur inside building • Existing off-site buffer along northern •j•�. property line in unimproved right-of- t •rj Yi . .• way . . 1" `r . _ • Additional plantings proposed of W - Z understory trees&evergreen shrubs along the rear/northern property line 11 • • • a • ; --.-. • _ -- -��=+ice_ _ 4 - t� TJ f: • The 2,800 square foot building to remain&proposed to be repainted with no significant structural changes anticipated • Upgrades to freestanding sign proposed • No known opposition 12 September 27, 2022 31 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) BEL AIRE, LLC & TAKE 5 SPV, LLC, A LIMITED ITEMS LIABILITY COMPANY 5 & 6 Council District: District 5,formerly Princess Anne Location: 1552 General Booth Boulevard V\ 1 - . r �l / ' % l / '''.)' C'- . ( ft D / t I CONDITIONAL USE PERMITS (Car Wash Facility&Automobile Repair Garage) Staff recommends Approval 13 Planning Commission voted 10 to... q I e 4. ' I w', - Re• quests for Conditional Use Permits for a Car e" ' ' Wash&an Auto Repair Garage on a 1.44-acre ,. 't' parcel near the northeast corner of Dam Neck -11 z Road&General Booth Boulevard 1 A j r-T_t. s , ,, • 2 uses proposed on 1 lot to be divided by lease F: lines or *, —�.....iii� —{� • Site within > 75 AICUZ,auto-related services Ii i , `T Lease Parcel A compatible �-- (-.4 • acres) • Shared vehicular ingress/egress along General II Booth Boulevard with additional access to east e• ,�j %q' ' � • Average daily trips expected to generate less f'� • 1 traffic than a typical retail/commercial use tc a. z • Property within Southern Rivers Watershed& u t v' 3' strategy expected to comply with requirements 14 September 27, 2022 32 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) ,. _F ic _ _ �r..� ,..tea. • ..;.-1--. W. _ . _ , ���- _ i •�� 'IL CHANGE S:A11.11GA C. LS" ^ r 'min= MCI• IIIIIIIIIIIIIII 6,,r<_._ .pyps.r C I .. Car Wash Building Elevations Oil Change Building Elevations • Exterior building materials complementary with surrounding structures • Uses compatible with AICUZ,commercial uses adjacent&in vicinity • No known opposition 15 ANTHONY LEE FRANCO ITEM Council District: District 1,formerly Kempsville Location: 1001 Kem, -psville a * p ' Road, Unit 1049, 1051, 1053 7 _ __., ,_, � 7 -- fi"."11..,'rAr Cg V T h, \ 4.411„ty l 4T/1f 2 .1 i** 7 1 Z I tsatig- �4,,.//� 1Conditional Use Permit� (Tattoo Parlor) Staff recommends Approval - Planning Commission voted 10 to 0 to recommend A rov 16 September 27, 2022 33 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) • Request for a Conditional Use Permit to operate a Tattoo Parlor in 3 suites of the Providence Square Shopping Center • Up to 6 artists anticipated • Existing Tattoo Parlor in salon in same shopping center for permanent make-up 11 Mrs. Smith turned the presentation over to Mr. Tajan: DARREN & MARCELLA KING JOINT ITEM REVOCABLE LIVING TRUST Council District District 8,formerly Bayside 8 Location: 3931 Richardson Road k/11 / r 1� SUBDIVISION VARIANCE (Section 4.4(b)of the Subdivision Regulations) Staff recommends Approval 78 Planning Commission voted 10- September 27, 2022 34 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) Layout was Approved by CBPA ._ 'r (�' �` ,-- ---• WYE' ...7.:...-. __ le....\,,,,;,,,-/, l.,. . ._>....„p--c, • r--71.7.1-- ti, . . 4 ...iii;_ );".,/ .. -*- \\ ata. 're- .- - '‘ -I ' - '•r 1 Y ::/I•0+. ---, • • Request for a Subdivision Variance as property created by Deed in 1957,rather than by a plat as required • No direct access to public street • Variance requested to lot width&street line frontage as neither requirement can be met 19 r ,y 3 , A a - . . : .2 , jr.,. ..,.. 4 ; ......., _ ., .._ . - to.47 r ::s• '•-•• ..10,':::-; . t ,, , ....--•\.,Lik 1, ',,.- - . i --- .,-.m- rip- , _.•• , 4 INF *•� . ..�=L ►'_ - �"' per -i "Fs.. . • Existing dwelling on the property constructed in 1930 • Parcel within the Resource Protection Area,CBPA Board approval for encroachment in 2017 • New single-family dwelling proposed • No known opposition 20 September 27, 2022 35 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) MIKE DAUBERT ITEM Council District. District 2, formerly Princess Anne 9 Location 1833 Princess Anne Road I.. L 't`,; tt et;41.,•t i 11......_lift Ntg 1- i r .......-1: t. ini _ _ , ,„,.,. , ,,,, . , , . 4,_, • , ,,, _ ___,, „ .,„. f,„„„_, ..,„„ 2 . 1 ,. .--, kkr: , 4 e. . CONDITIONAL USE PERMIT(Assembly Use) Staff recommends Approval Planning Commission voted 10 to 0 to recommend Approv. 21 / \ Sz..,,. :- ____,1 \•.1_ `— SITE LAYOUT 8MP AND GROUND LEASE EXHIBIT © ` y • Request for Assembly Use to operate a wedding/event venue on portion of Back Bay Farm • Vehicular access to site via new point along Indian River Road • Preliminary stormwater analysis determined that strategy likely to meet requirements rt • Agricultural Advisory Committee&TA/ITA-CAC supportive of request September 27, 2022 36 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) 11110111k— AB*ono • IN• iLT: • Proposed 9,500 square foot venue building reflective • 21 letters of support,including 1 property owner of rural vernacular immediately adjacent to site 23 • Meets design criteria for Transition Area • No known opposition THOMAS CUNNINGHAM ITEM Council District: District 6, formerly Beach Location 4005 Atlantic Avenue, Unit 207 I 0 w • \ e.4 j+w i i 1 x tl1 a sy CONDITIONAL USE PERMIT (Short Term Rental) Staff recommends Approval 24 Planning Commission voted 10 to September 27, 2022 37 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) a „�u c ,, "-:::::<P'rY Spxe�23 K.t :, `r �� !.-p d i t L-.,,eal • Request for Conditional Use Permit for 1-bedroom Short Term Rental in Oceans II Condominiums at 40th &Pacific at end of boardwalk&adjacent to Atlantic Ocean • 1 required parking space provided in assigned space across Atlantic Avenue • 12 previous Conditional Use Permits approved within condominium 25 • 1 letter of opposition received noting concerns regarding concentration of use and safety ® 7,H� �s~na�n g:::. 4\'f',0. iikk kk\---)-.',a 1-,'•::P 4 1,;i0,1 / `t4 R!r l *Om loon R.ntab .� . CV Sr. ►\ ►\ r0 41 Sn--' \ 26 THOMAS CUNNINGHAM September 27, 2022 38 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) SUSAN LIMOR ITEM Council District: District 5, formerly Beach Location: 303 Atlantic Avenue, Unit 1005 •, ..........‘ .. , t rr�w 1 ./ l. \ X/ . i lit 1 1/ ______.\...,, _____—,\ rI __-----1, 1. I `t I . t 1 CONDITIONAL USE PERMIT (Short Term Rental) Staff recommends Approval 27 Planning Commission voted 10 to 0 to,. n it .. . ... ..._ 4 6 _ -kr_AiSig ..... .......• • Request for Conditional Use Permit for a Short Term Rental in a 2-bedroom unit at Dolphin Run Condominiums • 1 parking space required(historical exemption granted);1 parking space provided on-site in parking deck 28 September 27, 2022 39 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) SO,Street Y n 3 F • 7 % 9 ) G 7 Str:' SO Mort Term Rentals .,,'. • i— SUSAN LIMOR " GREG ZINIS ITEM Council District: District 6, formerly Beach Location 304 26th 1/2 Street, Unit B 1 2 ;,_._, _ , ....,, \ ______-- , ,, zi i tiwir..,--.-...44 \ , Illr --- -.--,..e... ' 0\04\ tf ,A t 1 1 « CONDITIONAL USE PERMIT (Short Term Rental) Staff recommends Approval 30 Planning Commission voted 10 to n September 27, 2022 40 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#73332 (Continued) } tilt, III p a', - u ` „ _ _ • Request for Conditional Use Permit for a Short Term Rental in a 4-bedroom unit in existing duplex. • 4 parking space required;1 parking space provided on-site in garage,3 leased from the 25`h Street Parking 31 Garage tit awn Tina Rent‘;*s •• 32 GREG ZINIS Mayor Dyer expressed his appreciation Mr. Tajan and Mrs. Smith for the presentation. September 27, 2022 41 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73333 4:14 P.M. Council Member Moss advised September 30rh is the closing date to submit comments for the proposed Noise Ordinance and encouraged anyone interested to submit their suggestions. Council Member Moss also expressed his appreciation to staff for their assistance. September 27, 2022 42 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73334 (Continued) Council Member Henley advised she is the Council Liaison to the Green Ribbon Committee (GRC) and Open Space Advisory Committee (OSAC) and since both have an interest in flood mitigation and water quality, she would like to have a new member appointed to the GRC designated as a liaison to the OSAC. Council Member Henley advised this will help ensure both Committees have a closer relationship. Council Member Henley expressed she is excited to have the OSAC reenergized with funding allocated to purchase open space. September 27, 2022 43 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73335 (Continued) Council Member Miles referenced the Stormwater project briefing from the previous City Council Meeting and asked if it includes efforts to clean drains and other minor maintenance? City Manager Duhaney advised the FY21 budget included funding for Best Maintenance Practice (BMP) and stormwater pipe cleaning crews and asked L.J. Hansen,Director—Public Works, to expand. Director Hansen advised the equipment and staff have been acquired and work has begun. Director Hansen advised the communication plan includes informing the public on project and maintenance progress which will be coming out soon. September 27, 2022 44 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73336 (Continued) Council Member Branch distributed copies of the proposed Ordinance, "To Appropriate $1,000,0000 to the City of Virginia Beach Development Authority for Roof Repairs and Renovations for the Amphitheater", attached hereto and made a part of the record. Council Member Branch advised staff has identified various sources of funding and directed any questions to City Manager Duhaney. September 27, 2022 REQUESTED BY COUNCILMEMBER BRANCH 1 AN ORDINANCE TO APPROPRIATE $1,000,000 TO THE 2 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 3 FOR ROOF REPAIRS AND RENOVATIONS FOR THE 4 AMPHITHEATER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1,000,000 is hereby appropriated to the City of Virginia Beach Development 10 Authority for roof repairs and renovations at the Amphitheater from the following sources: 11 a. $200,000 from the Grants Consolidated Fund in amounts previously provided 12 to the Virginia Beach rescue squads in the appropriation of American Rescue 13 Plan Act funds on November 17, 2021; 14 b. $300,000 from the Grants Consolidated Fund in amounts previously provided 15 for special event fee offsets in the appropriation of American Rescue Plan Act 16 funds on November 17, 2021; and 17 c. $500,000 from the Grants Consolidated Fund in amounts previously allocated 18 in the American Rescue Plan Act appropriation of November 17, 2021 for the 19 lease or buildout of a childcare facility. 20 21 2) Receipt of the above funding shall be conditioned upon the City of Virginia Beach 22 Development Authority committing to provide the required documentation for the City to 23 comply with American Rescue Plan Act's reporting requirements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City or y's O if ice 9 9 CA15935 R-1 September 26, 2022 45 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73337 (Continued) Mayor Dyer advised on September 22"d, he and Council Member Henley attended a street dedication with members of the Virginia Police Foundation who honored Police Officers Jimmy Mobley and Bill Black, who both passed away in 1979 after their helicopter crashed at Rudee Inlet while trying to save a citizen. Mayor Dyer advised the Kingston Estates Neighborhood have two (2)new streets named for them, "Jimmy Mobley Way"and "Bill Black Court". Mayor Dyer advised it was a very nice, and touching, ceremony. September 27, 2022 46 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73337 (Continued) Mayor Dyer advised on September 22nd, he attended a meeting with the Regional Mayors and City Managers to discuss the Regional Youth Violence Initiative. Mayor Dyer advised they are making progress and are working to develop a regional dashboard that will merge information from each city in the region. Mayor Dyer further advised proposed legislation will be submitted to the General Assembly through the Hampton Roads Planning District Commission (HRPDC) to 1) Mandate conflict resolution and de- escalation classes in all schools and 2) Provide retired police officers an exemption to be rehired without a changing their Virginia Retirement System (VRS) status. Mayor Dyer advised when a police officer is required to take a citizen to a mental health facility, they are required to stay with the citizen until the person is admitted which can take several hours and advised, this is the type of duty a retired police office could perform. Mayor Dyer asked if City Manager Duhaney had any updates he would like to share. City Manager Duhaney advised they had a productive meeting and discussed various city initiatives concerning the prevention of youth violence and related programs. September 27, 2022 47 ITEM#73338 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: PROSPECTIVE BUSINESS OR INDUSTRY:Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3711(A)(5) • Project Fox 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 • 35`h Street Parking LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3711(A)(8). • ICRB 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 27, 2022 48 ITEM#73338 (Continued) Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 4:28 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, 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: None Break 4:28 P.M. — 4:37 P.M. Closed Session 4:37 P.M. — 5:50 P.M. September 27, 2022 49 CERTIFICATION ITEM#73339 Mayor Dyer RECONVENED the Special Formal Session. Upon motion by Council Member Moss, seconded by Vice Mayor Wilson, 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: 11-0 Council Members Voting Aye: Michael F. Berlucchi, 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: None September 27, 2022 0‘141A• 13Eile i `4 ~ t 9 T S Op OuR N0104 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#73338 on Page 48 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. nda es, City Clerk September 20, 2022 50 ADJOURNMENT ITEM#73340 Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSION ADJOURNED at 5:52 P.M. 7--- ) , 4'' Terri H. Chelius Chief Deputy City Clerk 11 itn/A77 Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor September 27, 2022