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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 18, 2022
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, City Hall, on Tuesday, October 18, 2022, at 3:30 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—Embarked with the USS Gerald R. Ford
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MICHAEL F.BERLUCCHI CELL:(757)407-5105
COUNCIL MEMBER EMAIL:mberluccAvbgov.com
DISTRICT 3-ROSE HALL
October 18, 2022
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Dear Colleagues,
I will not be in attendance at the City Council meeting on Tuesday, October 18, 2022, as I will be
taking part in an embarkation with the U.S. Navy on board the USS Gerald R. Ford.
Sincerely,
,.1 I i411
Michael F. Berlucchi
Virginia Beach City Council Member
cc: City Clerk
City Attorney
City Manager
FOIA Officer
2401 COURTHOUSE DRIVE,SUITE 281,VIRGINIA BEACH,VIRGINIA 23456
2
CITY MANAGER'S BRIEFING
OLD DOMINION UNIVERSITY INCENTIVE GRANT
ITEM#73387
3:31 P.M.
Mayor Dyer welcomed Taylor V.Adams, Deputy City Manager. Mr.Adams expressed his appreciation to
City Council for their continued support:
111111111111111111111
ODU Incentive Grant
City Council Public Briefing,October 18,2022 \/13
Taylor Adams Deputy City Manager
Here are the Disclosures:
DISCLOSURES
• Property Owner: Armada Hoffer
• Tenant: Old Dominion University (ODU)
•Architect: Francis and Reeve
• Engineer: Pace Collaborative
Economic Development I ODU Incentive Grant I October 18.202244111111- 2
October 18, 2022
3
CITY MANAGER'S BRIEFING
OLD DOMINION UNIVERSITY INCENTIVE GRANT
ITEM#73387
(Continued)
The next two (2)slides provide the Background:
Background
• Nationally, universities are figuring out how to coordinate their
many data science components both to provide training needed
in the workforce and to advance research and innovation
• In Hampton Roads, Data Sciences jobs grew by 10% from
2015-2021
• Generating and maintaining a skilled talent base represents one
of the key competitive advantages that enables long-term
success in industries that leverage applications of data science
• Emergence of Data Science Occupations is broad-based in the
Hampton Roads region
Econommc Development I ODU Incentive Grant I October 18,2022 3
Background Cont'd
• Key areas of high-growth and strong specialization found in
Cybersecurity, Marine Engineering and Logistics occupations
• Federal Workforce and Defense Industries are the Leading
Industry Employing Data Science Workforce in Hampton Roads
• The Federal Workforce includes both civilian and military staff
• Defense-related industries employing data sciences workers
include:
• Computer systems and programming services
• Engineering services
• Ship building & repair
Economic Development I ODU Incentive Grant I October 18.2022 „.414
October 18, 2022
4
CITY MANAGER'S BRIEFING
OLD DOMINION UNIVERSITY INCENTIVE GRANT
ITEM#73387
(Continued)
The next two (2)slides provide an overview of the ODU Institute of Data Science:
ODU Institute of Data Science
• ODU leads in Data Science Degrees awarded in Hampton
Roads
• ODU is creating a new Institute of Data Science at Town Center
in Virginia Beach in collaboration with Thomas Jefferson
National Accelerator Laboratory (JLab) and NASA Langley
Research Center
114,
OLD
ANION
UNIVERSITY
Economic Development I ODU Incentive Grant October 18.2022 5
ODU Institute of Data Science in Virginia Beach
• Undergraduate Data Science 4
Program
• Seven(7)new positions at this
facility -' - - �
• 250 New Enrollment -
• Data Science Labs
• Cyber Range "" e>
• Secure Lab with SPIR Access I r -.
• 5G Lab :a b. e
• Offshore Wind Lab
• Incubator/Accelerator Space
FLOOR PLAN
• Coastal Virginia Center for Cyber
Innovation
Economic Development ODU Incentive Grant I October 18.2022 1111111 6
October 18, 2022
5
CITY MANAGER'S BRIEFING
OLD DOMINION UNIVERSITY INCENTIVE GRANT
ITEM#73387
(Continued)
For Consideration
• ODU is leasing space from Armada Hoffler for 10 years to create
the Institute of Data Science
• ODU is asking for financial assistance for the buildout of space
estimated at$1.8 M and real estate taxes owed at$70,000/year
• City of Virginia Beach may incentivize ODU's creation of the
Institute by offering an annual incentive grant of$70,000 per year
for the 10-year lease term
Economic Development I ODU Incentive Grant I October 18.2022 7
Discussion
Economic Development I ODU Incentive Grant I October 18.2022 8
Mayor Dyer expressed his appreciation to Mr. Adams for the presentation.
October 18, 2022
6
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73388
3:43 P.M.
Council Member Miles advised the Hampton Roads Community Foundation is hosting a free, virtual event
on November 9`h at 6:00 P.M Council Member Miles advised the event will focus on affordable housing
in the Region and encouraged anyone interested to participate.
October 18, 2022
7
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#73389
(Continued)
Mayor Dyer advised he attended a dinner reception hosted by the Judeo Christian Outreach Center and
expressed his appreciation for their proactive leadership in addressing the homeless and providing meals
to those who need the assistance.
October 18, 2022
8
AGENDA REVIEW SESSION
ITEM#73390
3:45 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Ordinance to ESTABLISH a Special Assessment and a Special Property Tax re Atlantic Park
Community Development Authority (CDA) and AUTHORIZE a Memorandum of Understanding
(MOU)
2. Ordinance to AMEND City Code Section Chapter 23, Article II re noise (Requested by Council
Members Tower and Moss) Deferred from July 12, 2022 — This item will be deferred to a later
date
3. Ordinance to APPROPRIATE $1-Million from the TIP Fund Balance to the Virginia Beach
Development Authority (VBDA) re Amphitheater roof repairs and renovations (Requested by
Council Member Branch and Moss)Deferred from October 4, 2022
4. Resolution to ESTABLISH a Virginia Beach Cannabis Advisory Task Force (Requested by
Council Members Berlucchi and Tower)
5. 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 W",and Bayside High School(Requested
by Virginia Beach School Board)Deferred from September 6, 2022
6. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or
condemnation re the Euclid Place Pump Station (Replacement of PS-357), CIP 100327(formerly
CIP 6-153)
7. Ordinance to AUTHORIZE the City Manager to Execute an Agreement between the City and
individual property owners re permitting use of the City-Owned Lynnhaven Transfer Facility re
private dredging projects
8. Resolution to APPOINT Donna E. Hernandez as Assistant City Attorney, effective November
3, 2022
9. Ordinance to APPROPRIATE $164,700 from the sale of surplus equipment to Capital Project
#100175, "Fire Apparatus IV"re purchase a new fire boat for the Fire Department
10. Ordinance to APPROPRIATE $25,000 from the General Fund Balance re refund of MBCC
Development,LLC(MidAtlantic Broadband), cash deposit
11. Ordinance to APPROPRIATE $7,198 from the Library Gift Fund Balance to the FY2022-23
Public Library Operating Budget re purchase scanners for the Edgar T. Brown Local History
Archive
October 18, 2022
9
AGENDA REVIEW SESSION
ITEM#73390
(Continued)
12. Ordinance to ACCEPT and APPROPRIATE$851,149 from the Federal Emergency Management
Agency (FEMA) to the FY 2022-23 Fire Department Operating Budget re support the continued
operations for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team
13. Ordinance to ACCEPT and APPROPRIATE $214,663.37 from the Federal Emergency
Management Agency (FEMA) to the FY2022-23 Fire Department Operating Budget to support
deployment and administrative costs for the Virginia Task Force 2 (VA-TF2) Urban Search and
Rescue Team re mobilization to Kentucky
14. Ordinance to ACCEPT and APPROPRIATE$181,350 from the Federal Emergency Management
Agency (FEMA) to the FY2022-23 Fire Department Operating Budget re to support equipment
purchases for the Virginia Task Force 2(VA-TF2) Urban Search and Rescue Team
15. Ordinance to ACCEPT and APPROPRIATE$71,661 from the Edward Byrne Justice Grant(JAG)
to the FY2022-23 Police Department Operating Budget and Juvenile and Domestic Relations Court
re law enforcement equipment
16. Ordinance to ACCEPT and APPROPRIATE $38,569 from the Department of Criminal Justice
Services to the FY2022-23 Human Services Operating Budget re support salary increases for full-
time,state funded positions providing Community Corrections and Pretrial Services
K. ORDINANCES/RESOLUTION:
ITEM#2 WILL BE CONSIDERED FOR DEFERRAL TO DECEMBER 6, 2022
ITEM#4 WILL BE CONSIDERED SEPARA TEL Y
ITEM#5 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MILES WILL ABSTAIN ON ITEM#5
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#5
ITEM#7 WILL BE CONSIDERED SEPARATELY
October 18, 2022
10
AGENDA REVIEW SESSION
ITEM#73390
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. DARREN & MARCELLA KING JOINT REVOCABLE LIVING TRUST for a Variance to
Section 4.4 (b&d) of the Subdivision Regulations re properly record plat and to provide public
street access at 3931 Richardson Road DISTRICT 8 (Formerly District 4—Bayside)
2. TAKE 5 PROPERTIES SPV, LLC,A DELAWARE LIMITED LIABILITY COMPANY/FTB,
LLC, for a Modification of Conditions re automobile repair garage at 3680 Holland Road
DISTRICT 3 (Formerly District 3—Rose Hall)
3. BUILD SENIOR LIVING, LLC, A MICHIGAN LIMITED LIABILITY COMPANY/KEITH
L. SETZER, SHER YL SETZER MEL VIN, BELINDA SETZER HESTER, JSW HOLDINGS
LLC,for a Conditional Change of Zoning from AG-1 &AG-2 Agricultural Districts to Conditional
0-1 Office District and Conditional Use Permit re housing for seniors&the disabled for properties
on the North side of the intersection of Princess Anne Road& Tournament Drive, West of 2708
Princess Anne Road DISTRICT 2 (Formerly District 7—Princess Anne)
4. ANTHONY LEE FRANCO/PROVIDENCE SQUARE ASSOCIATES, LLC,for a Conditional
Use Permit re tattoo parlor at 1001 Kempsville Road, Suites 1049, 1051, and 1053 DISTRICT 1
(Formerly District 2—Kempsville)
5. MIKE DA UBERT/BACK BAY FARMS,INC.,for a Conditional Use Permit re assembly use at
1833 Princess Anne Road DISTRICT 2 (Formerly District 7- Princess Anne) (Deferred from
September 20, 2022)
6. BOING US HOLDCO,INC./NMP-C4 FAIRFIELD S/C,LLC,for a Conditional Use Permit re
car wash facility at 837 Kempsville Road District 3 (Formerly District 2—Kempsville)
7. BEL AIRE, LLC, & TAKE 5 PROPERTIES SPV, LLC/BEL AIRE, LLC,for Conditional Use
Permits re automobile repair garage and car wash at 1552 General Booth Boulevard DISTRICT
5 (Formerly District 7—Princess Anne)
8. SUSAN LIMOR for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit
1005 DISTRICT 5 (Formerly District 6—Beach)
9. THOMAS CUNNINGHAM for a Conditional Use Permit re short term rental at 4005 Atlantic
Avenue, Unit 207 DISTRICT 6(Formerly District 6—Beach)
October 18, 2022
11
AGENDA REVIEW SESSION
ITEM#73390
(Continued)
10. GREG ZINIS for a Conditional Permit re short term rental at 304 26`" 1/z Street, Unit B DISTRICT
6(Formerly District 6—Beach)
L. PLANNING:
ITEM#3 WILL BE CONSIDERED SEPARA TEL Y
ITEM#5 WILL BE CONSIDERED SEPARA TEL Y
October 18, 2022
12
ITEM#73391
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• District 3
• District 7
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)
• Dome Site
• Beach Entertainment
• Beach Entertainment
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
October 18, 2022
13
ITEM#73391
(Continued)
Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to
proceed into CLOSED SESSION at 4:20 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
Break 4:20 P.M. — 4:30 P.M.
Closed Session 4:30 P.M. — 5:41 P.M.
October 18, 2022
14
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
OCTOBER 18,2022
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, October 18, 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—Embarked with the USS Gerald R. Ford
INVOCATION: Pastor Kristen Old
St.John's Baptist Church
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`h 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
October 18, 2022
15
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.
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 ofDixon 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.
October 18, 2022
16
V.E
CERTIFICATION
ITEM#73392
Upon motion by Council Member Moss, seconded by Council Member Tower, 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
*Council Member Moss and Vice Mayor Wilson stepped out of the Closed Session during a portion of
the Dome Site discussion due to a potential conflict of interest(4:37-4:55 P.M.).
October 18, 2022
04 M
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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 #73391 on Page 13 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.
anda arnes,
City Clerk
October 18, 2022
17
ITEM— V.F.1
MINUTES
ITEM#73393
Upon motion by Council Member Moss, seconded by Council Member Miles, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSIONS of October 4, 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
October 18, 2022
18
ITEM— V.F.2
MINUTES
ITEM#73394
Upon motion by Council Member Moss, seconded by Council Member Miles, City Council APPROVED
the MINUTES of the FORMAL SESSION of October 11,2022
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
October 18, 2022
19
ITEM— V.G.1
MAYOR'S PRESENTATION
ITEM#73395
Mayor Dyer welcomed Jina Gaines Templeton,Media and Communications Coordinator. Mrs. Templeton
expressed her appreciation to City Council for their continued support. Mrs. Templeton advised this month
highlights the people, events and years between 2008 — 2012 as part of the Nostalgic Virginia Beach
Campaign to celebrate the City's 60th anniversary. Mrs. Templeton played a short video of the City's
history between 2008—2012 and turned the presentation over to Mayor Dyer to present the citizen award.
60th ANNIVERSARY AWARDS
Council Member Wooten, on behalf of Mayor Dyer, welcomed Pastor Mike Daniels and read the
Proclamation recognizing his exemplary leadership within the community and as the Pastor of Enoch
Baptist Church. Pastor Daniels was recognized for his dedication to advocacy programs that support
racial and economic equality, developing strategic partnerships and at risk youth. Pastor Daniels
commitment to advocacy programs has been recognized by the National Association for the Advancement
of Colored People, Human Rights Commission, Hampton Roads Black Caucus, the Governor of Virginia
and the U.S. House of Representatives.Pastor Daniels exemplifies the model of citizenship and service and
is a recipient of the "Virginia Beach Diamond Award". Council Member Wooten called upon the citizens
and members within government agencies,public and private institutions, business and schools in Virginia
Beach to be of service for the benefit and betterment of the community so that future generations can
appreciate and further uplift our beloved City of Virginia Beach.
Pastor Daniels expressed his appreciation for this recognition and is humbled for being honored for doing
what he believes is the right things to do. Pastor Daniels advised he will cherish this and continue to keep
City Council in his prayers.
Mayor Dyer welcomed Robert Geis and read the Proclamation recognizing his thirty (30)year career in
the U.S. Navy as an aviator, Commander of Naval Air Station Oceana and Chief of Staff at Navy Region
Mid-Atlantic. Mr. Geis led the Navy's response and recovery effort during the "Good Friday Miracle"
incident where a F-18 fighter jet crashed into Mayfair Mews Apartments. Mr. Geis ensured funding was
provided for living expenses, coordinated with the Department of Motor Vehicles to provide replacement
identification as well as the Environmental Protection Agency and Virginia Department of Environmental
Quality to ensure the reclamation process was appropriate and safe. Mr. Geis continues to serve the
community as Chesapeake's Deputy City Manager. Mr. Geis exemplifies the model of citizenship and today
is the recipient of the "Virginia Beach Diamond Award". Mayor Dyer called upon the citizens and
members within government agencies, public and private institutions, business and schools in Virginia
Beach to be of service for the benefit and betterment of the community so that future generations can
appreciate and further uplift our beloved City of Virginia Beach.
Mr. Geis expressed his appreciation to City Council for this recognition, adding he is honored and
humbled to be a small part of the City's history.
October 18, 2022
6 'p'•BFgc
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'Whereas: For more than half a century,'Dr.IlichaefcDaniefs has been an egmplary servant Leader in Virginia
Beach as a community advocate and pastor of Enoch Baptist Church;and
Whereat Pastor Daniels is a steadfast champion for at-nskyouth and has been instrumental in establishing
programs to improve the Lives of residents of Western Bayside;and
Whereas: Ile has dedicated his career to making a difference in the local community 6y developing advocacy
programs to support racial and economic equality and developing strategic partnerships designed to
promote strong community relations and citizen engagement;and
'Whereax Pastor'Daniels has been recognized for his efforts to help the people of Virginia Beach and the
greater 7fampton meads area 6y the NAACP, the Yfuman fights Commission, the.7fampton Woad"
BlackCaucus, the Governor and the VS.—"minim of Rcpresentatives;and
Whereas: Pastor Daniels has served on the'Youth Violence Prevention Task'Force, the PubCac Library Board
and the 2020 Census Committee to help ensure 'Virginia (Beach receives its fair share of federal
funding;and
Whereat As a focal leader, Pastor Daniels has focused on improving the circumstances of underserved
communities and worked to strengthen the bonds among people of different racia4 ethnic, and
religious backgrounds aft with the goal of making our community a better place;and
Whereas: `Nostalgic IAB'is a celebration of Virginia Beach pioneers and residents leading up to the 60"
anniversary of our great city in January 2023.
Now 7Terefure,I, Robert 911. `Bobby'Dyer,9 fayor of the City of Virginia Beach,Virginia,do hereby proclaim
Dr. alicfiaerDaniefs
Rccipient of the `Virginia Beacfi EDiamond,4ward
In Visyin a atach, and I call upon the citizens and members within government agencies, public and private
institutions, business and schools in'Virginia Beach to 6e of service for the benefit and betterment of the community
so that future generations can appreciate and further uplift our 6elovetCity of Virginia Beach.
Inc Witness 'Whereof I have hereunto set my hand and caused the Official Seat of the City of Virginia 1Ra•h,
Virginia,to 6e affled this Eighteenth Day of October,Two Thousand and Twenty-Two.
2�6ert 91i. `Bobby'Dyer
Wayor
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Whereas' Tbs.nearly 30 years, Robert (Bob)N. Geis sewed the nation honora66, as a Naval aviator and
officer;and
Whereas: As the Commander of Naval Air Station Oceana in in 2012,he fed the Navy's response and recovery
effort following the "Good'Friday Miracle,"an incident in which an T-18 fighter jet assigned to
Naval AirStatirn Oceana crashed into Mayfair Mews Apartments on BirdneckWoark and
Whereas Bob Geis ensured that the Navy took every step possible to help impacted Virginia Beach residents
recover from the incident including securing funding from the pentagon to assist with living
evenses, having staff come in on 'Easier Sunday to generate and issue checks, enlisting the
(Department of Motor Vehicles to help replace lost ifenttion, as well as bringing in the
Environmental protection Agency an€Virginia Department of Environmental Quality to ensure the
reclamation process was appropriate and safe;and
Whereas: Mr. Geis was at the Washington Navy'Yard assigned to Navy Installations Command when the
tragic shooting occurred in September of 2013 and was caged upon to lead the post-incident
assessment of at ashore Navy security as well as implement those recommended improvements;and
Whereas: Mr. Geis'final duty ashore was as Chief of Staff Navy Wegion 9(id-Atlantic the largest VS Navy
region,which included 14 installations and 48 Navy Operational Support Centers across 20 states;
and
Wherear Today,Bob Geis continues to serve the local community as a Deputy City Manager,leading the City
of Chesapeake s major operational departments, including Public Safety, public Wor'k,s, Public
'Utilities,and the City's Fleet and Garage.
Whereas `Nostalgic VB"is a celebration of Virginia Beach pioneers and residents leading up to the 60th
anniversary of our great city in January 2023.
Wow Therefore,I,Robert 31. "Bo66y'Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim
1p6ert (Bob)IV: Geis
&cipient of the "Virginia Beach Diamond Aware
In Virginia Beach, and I call'upon the citizens and members within government agencies, pub& and private
institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community
so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach.
In Witness 'Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,
Virginia,to 6e affied this Eighteenth Day of October,Two Thousand and Twenty-Two.
it'-df/t.'6te-t
4o6ert 31. "Bobby"(Dyer
Mayor
20
ITEM— V.H.1
PUBLIC COMMENT
ITEM#73396
Mayor Dyer DECLARED a PUBLIC COMMENT:
ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT
Law Enforcement Purposes
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT
October 18, 2022
21
ITEM—
PUBLIC HEARING
ITEM#73397
Mayor Dyer DECLARED a PUBLIC HEARING:
ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY DISTRICT(CDA)
• Establish a Special Assessment and Special Property Taxes on the real
property and to finance certain public improvements benefitting property
within the CDA District
• Approve the methodology for apportioning the Special Assessment among
the real property comprising the CDA District
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
October 18, 2022
22
ITEM- V.J
FORMAL SESSION AGENDA
ITEM#73398
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 K• 1, 2, 3, 6, 8, 9,
10, 11, 12, 13, 14, 15 and 16 and Planning Items L: 1, 2, 4, 6, 7, 8, 9 and 10
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,BY
CONSENT,Agenda Items Ordinances/Resolutions K: 1, 2 (DEFERRED TO DECEMBER 6, 2022), 3,
6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 and Planning Items L:1,2, 4, 6, 7, 8, 9 and 10
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
K. ORDINANCES/RESOLUTIONS:
ITEM#4 WILL BE CONSIDERED SEPARA TEL Y
ITEM#5 WILL BE CONSIDERED SEPARA TEL Y
COUNCIL MEMBER MILES WILL ABSTAIN ON ITEM#5
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#5
ITEM#7 WILL BE CONSIDERED SEPARATELY
L. PLANNING:
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
October 18, 2022
23
ITEM— V.K.1
ORDINANCES/RESOLUTIONS
ITEM#73399
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT, Ordinance to ESTABLISH a Special Assessment and a Special Property Tax re Atlantic
Park Community Development Authority (CDA) and AUTHORIZE a Memorandum of Understanding
(MOU)
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
October 18, 2022
ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT AND A
SPECIAL PROPERTY TAX FOR THE ATLANTIC PARK COMMUNITY
DEVELOPMENT AUTHORITY AND AUTHORIZING A
MEMORANDUM OF UNDERSTANDING IN CONNECTION
THEREWITH
WHEREAS,pursuant to the terms of the Dome Site Development Agreement dated as of
December 23, 2019, as amended by the First Amendment to Dome Site Development Agreement
dated as of April 21, 2022 (the "Development Agreement"), between the City of Virginia Beach
Development Authority(the"VBDA")and Atlantic Park,Inc. (together with any affiliates thereof,
the"Developer"),the VBDA submitted a petition for the creation of the Atlantic Park Community
Development Authority (the "CDA") dated September 7, 2021, and an addendum thereto dated
March 31, 2022;
WHEREAS,the City Council (the"Council") of the City of Virginia Beach,Virginia(the
"City"), created the CDA by an ordinance adopted on September 7, 2021, as amended by an
ordinance adopted on April 5, 2022 (collectively,the"Creating Ordinance");
WHEREAS, as contemplated by the Development Agreement, the CDA has requested
that the Council establish a special assessment on property within the CDA District(as defined in
the Creating Ordinance)pursuant to a resolution adopted on October 18, 2022;
WHEREAS, the Council proposes to set forth certain agreements with the CDA, the
VBDA and the Developer, pursuant to a Memorandum of Understanding among the City, the
Developer, the CDA and the VBDA (the"MOU");
WHEREAS, the CDA proposes to (a) issue one or more series of revenue bonds (the
"Bonds") and (b) incur one or more payment obligations to the City to finance certain
infrastructure improvements benefitting the property within the CDA District; and
WHEREAS, the establishment of a special assessment and the levy of a special property
tax on property within the CDA District and the actions contemplated by the MOU will benefit the
citizens of the City by promoting increased employment opportunities, a strengthened economic
base,increased tax revenues and additional business,retail,tourism and recreational opportunities;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. Approval of Memorandum of Understanding. The MOU is approved in
substantially the form presented to the Council at this meeting,with such changes and corrections
(including, without limitation, changes in the date thereof) that do not materially adversely affect
the City's interests as may be approved by the City Manager, whose approval shall be evidenced
conclusively by the execution and delivery of the MOU. The City Manager is authorized and
directed to execute and deliver the MOU.
The Council acknowledges that the provisions of the MOU and the trust indenture to be
entered into by the CDA in connection with the issuance of the Bonds shall control in the event of
any conflict between such provisions and the provisions of the Development Agreement providing
for the financing of the CDA infrastructure.
2. Special Assessment and Special Property Tax; Notice to Property Owners;
Annual Approval by Council of Collection.
(a) By agreement between the Developer, the VBDA, the CDA and the City
pursuant to the MOU,a special assessment to pay the costs of certain public improvements
to benefit property within the CDA District is hereby established on the taxable real
property within the CDA District. The special assessment shall be apportioned in
accordance with the Rate and Method of Apportionment of Special Assessment ("RMA")
in substantially the form presented to the Council at this meeting. The CDA is authorized
to approve or to provide for the approval of a Special Assessment Roll allocating the special
assessment among the tax parcels within the CDA District in accordance with the RMA as
such tax parcels exist as of the date of recordation of the RMA in the land records of the
City. The Council further agrees to levy a special tax on all taxable real property within
the CDA District in accordance with the MOU to pay the costs of certain public
improvements to benefit property within the CDA District. The CDA shall cause notice of
the special assessment to be reported to the City Treasurer or such other City official
responsible for the collection of taxes and shall annually request collection of the special
property tax. The special assessment and the special property tax shall be liens on the
taxable real property in the CDA District in accordance with Section 15.2-5158(A)(9) of
the Code of Virginia of 1950, as amended (the "Virginia Code"). The CDA shall cause
notice of the creation of the CDA District and the levy of the special assessment to be
recorded in the deed book and land records of the City in accordance with the requirements
of Virginia Code Sections 15.2-2412 and 15.2-5157,as applicable. Based upon the MOU,
the RMA and the special assessment report described therein, the Council finds and
determines that the special assessment will meet the requirements of Virginia Code
Sections 15.2-2404 et seq. and 15.2-5158(5).
(b) In the event the special assessment described in subsection(a)is determined
to be legally unenforceable in a final decree by a court of competent jurisdiction, the
Council agrees to levy a supplemental special property tax on all taxable real property
within the CDA District in such amount as is necessary to provide revenues sufficient to
replace (but in no event to exceed)the special assessment revenues expected to have been
derived from the levy of such special assessment, all in accordance with the terms of the
MOU.
(c) As and to the extent permitted by Virginia Code §58.1-3965.2, when an
installment of the special assessment or a payment of the special property tax is delinquent,
proceedings may be instituted to sell any real property subject to such special assessment
or special property tax on the first anniversary of the date on which such installment or
payment became due.
(d) In accordance with the terms of the MOU and upon each CDA request of
the City to collect the annual installments of the special assessment and the special property
tax, the City Manager shall request the Council to approve the collection of such annual
2
installments and such special property taxes and present an ordinance or resolution to the
same effect for the Council's consideration.
3. Approval of Payment Obligation. The Promissory Note (the "Initial Payment
Obligation"), evidencing the CDA's obligation to repay the City for certain funds to be advanced
to pay the costs of the Offsite Infrastructure (as defined in the Creating Ordinance), is approved in
substantially the form presented to the Council at this meeting,with such changes and corrections
(including, without limitation, changes in the date thereof) that do not materially adversely affect
the City's interests as may be approved by the City Manager.
4. Subsequent Resolution. The Council may make such additional changes or
amendments to the MOU as the Council determines to be necessary or appropriate by subsequent
resolution.
5. Severability. If any part, section,clause or phrase of this Ordinance,or any portion
of the special assessment or the special property tax levied hereby, is declared to be
unconstitutional or invalid for any reason, such decision shall not affect the validity of any other
portion of this Ordinance or the special assessment or special property tax levied hereby.
6. Effective Date. This Ordinance shall take effect immediately.
3
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
October , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Deputy City Manager y A ey
CA15938
R-1
October 10,2022
The undersigned City Clerk of the City of Virginia Beach, Virginia, certifies that the
foregoing constitutes a true, complete and correct copy of an Ordinance enacted at a regular
meeting of the City Council of the City of Virginia Beach,Virginia, held on October 18, 2022.
City Clerk, City of Virginia Beach, Virginia
4
24
ITEM— V.K.2
ORDINANCES/RESOLUTIONS
ITEM#73400
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council DEFERRED TO
DECEMBER 6,2022,BY CONSENT, Ordinance to AMEND City Code Section Chapter 23, Article II re
noise(Requested by Council Members Tower and Moss)Deferred from July 12, 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
October 18, 2022
25
ITEM— V.K.3
ORDINANCES/RESOLUTIONS
ITEM#73401
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE$1-Million from the TIP Fund Balance to the Virginia Beach
Development Authority (VBDA) re Amphitheater roof repairs and renovations (Requested by Council
Member Branch and Moss)Deferred from October 4, 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
October 18, 2022
REQUESTED BY COUNCILMEMBERS BRANCH AND MOSS
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 $1,000,000 is hereby appropriated from the fund balance of the TIP Fund to the
10 City of Virginia Beach Development Authority for roof repairs and renovations at the
11 Amphitheater.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day
of October 2022.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Bildget and Management S rvices S e
CA15935
R-2(Moss & Branch Co-sponsors)
October 10, 2022
26
ITEM— V.K.4
ORDINANCES/RESOLUTIONS
ITEM#73402
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Tony Esposito, 535 Rivers Reach, Phone:218-0207, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Moss, City Council ADOPTED
Resolution to ESTABLISH a Virginia Beach Cannabis Advisory Task Force (Requested by Council
Members Berlucchi and Tower)
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
October 18, 2022
REQUESTED BY COUNCILMEMBERS BERLUCCHI AND TOWER
1 A RESOLUTION ESTABLISHING A VIRGINIA BEACH
2 CANNABIS ADVISORY TASK FORCE
3
4 WHEREAS, as of July 1, 2021, due to legislation approved by the Virginia General
5 Assembly, adults in Virginia who are 21 or older may lawfully possess up to one ounce
6 of recreational marijuana, or cannabis, and cultivate a small number of marijuana plants
7 in their home;
8
9 WHEREAS, certain other laws regarding cannabis, including prohibitions against
10 smoking marijuana in public or in a vehicle while driving or while a passenger, remain in
11 effect;
12
13 WHEREAS, the General Assembly has not yet approved legislation to authorize
14 retail sales of cannabis, but it may do so in the future;
15
16 WHEREAS, given the changes in law already approved and potential changes that
17 may be forthcoming, the City Council believes it would be helpful to receive
18 recommendations from a task force composed of subject-matter experts and
19 stakeholders, as well as citizen representatives.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 1. That the City Council hereby establishes the Virginia Beach Cannabis
25 Advisory Task Force.
26
27 2. That the task force shall serve in an advisory capacity to the City Council,
28 and shall consist of sixteen members, including:
29
30 • A City Council member;
31 • A Resort Advisory Commission representative;
32 • A resort business professional;
33 • A commercial real estate professional;
34 • A healthcare professional;
35 • A Minority Business Council representative;
36 • Two cannabis industry representatives;
37 • A Planning Department representative;
38 • An Economic Development representative;
39 • A member from law enforcement;
40 • A civic league representative;
41 • A representative from Virginia Beach City Public Schools; and,
42 • Three citizens from across the City.
43 3. That the goals of the task force shall be: to review state and federal laws
44 related to cannabis consumption, sale and manufacture; to make recommendations of
43 3. That the goals of the task force shall be: to review state and federal laws
44 related to cannabis consumption, sale and manufacture; to make recommendations of
45 best practices related to zoning and other policies to protect the public safety and quality
46 of life of residents and visitors; to gather public input on the issue; and to perform any
47 additional duties assigned to the Task Force by the City Council.
48
49 4. That the task force shall report back to the City Council with its
50 recommendations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
October , 2022.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offic
CA15950
R-2
October 12, 2022
27
ITEM— V.K.5
ORDINANCES/RESOLUTIONS
ITEM#73403
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Crystal Pate, 2512 George Mason Drive, Phone: 263-1149, spoke in SUPPORT
Jack Freeman, 2437 Blue Castle Court, Phone: 348-1183, spoke in SUPPORT
After City Council discussion Council Member Rouse made a motion, seconded by Council Member
Wooten, to ADOPT 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)Deferred from September 6, 2022
Vice Mayor Wilson then made a SUBSTITUTE MOTION, seconded by Council Member Branch, to
DEFER to FEBRUARY 21, 2022, 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 6t", and Bayside
High School(Requested by Virginia Beach School Board)Deferred from September 6, 2022
Voting: 5-3
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Abstaining:
Delceno C. Miles and John D. Moss
Council Members Absent:
Michael F. Berlucchi
October 18, 2022
28
ITEM— V.K.5
ORDINANCES/RESOLUTIONS
ITEM#73403
(Continued)
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council DEFERRED TO
FEBRUARY 21, 2022, 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)Deferred from September 6, 2022
Voting: 5-3
Council Members Voting Aye:
Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Abstaining:
Delceno C. Miles and John D. Moss
Council Members Absent:
Michael F. Berlucchi
October 18, 2022
e- G
vp
City of Nrir ' 'a B each
la
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VIVO%.C(Nn
DELCENO C MILES CELL PHONE:(757)355-0455
COUNCIL MEMBER ➢CML;EStiVBGCV COY
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:
I. 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 1 104 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 C?C -‘77'
Delceno C. Miles
Councilmember
DCM/RRI
2401 COURTHOUSE DRIVE,VIRGINIA BEACH,VIRGINIA 23456
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wA- City of Virginia Beach
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OUR NAT
PHONE:(757)636-1534
JOHN MOSS JDMOSSgVBGOV 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.
Sin ,
114-e4WI
John D. Mos
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
29
ITEM— V.K.6
ORDINANCES/RESOLUTIONS
ITEM#73404
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or
condemnation re the Euclid Place Pump Station (Replacement of PS-357), CIP 100327(formerly CIP 6-
153)
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
October 18, 2022
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE SIMPLE
3 FOR THE EUCLID PLACE PUMP STATION
4 (REPLACEMENT OF PS-357), CIP 100327
5 (FORMERLY CIP 6-153), EITHER BY
6 AGREEMENT OR CONDEMNATION
7
8 WHEREAS, the existing City pump station known as Euclid Place PS-357 located at
9 the southeast corner of Cleveland Street and Opal Avenue has exceeded its useful life and
10 does not have the capacity to handle the projected flows for the area;
11
12 WHEREAS, the current site is too small for current and future needs, and does not
13 provide room for stormwater management;
14
15 WHEREAS, a 7,500 square foot portion of a site located at 111 Opal Avenue(GPIN:
16 1477-04-4248) (the "Property") has been determined by the Department of Public Utilities
17 to be the optimal location for the construction of a replacement pump station to service the
1s needs of the surrounding area; and
19
20 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
21 public necessity exists for the construction of this important sanitary sewer pump station
22 project to provide continued utility service to the surrounding area, for the preservation of
23 the safety, health, peace, good order, comfort and convenience and for the welfare of the
24 people in the City of Virginia Beach.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 Section 1. That the City Council authorizes the acquisition by purchase or
30 condemnation pursuant to Sections 15.2-1901, et seq. and 15.2-2109, and Title 25.1 of the
31 Code of Virginia of 1950, as amended, of all that certain Property in fee simple, more
32 particularly shown on Exhibit A, attached hereto and made a part hereof, for the purpose of
33 construction of a pump station to replace the Euclid Place PS-357 pump station, to be
34 funded by Pump Station Program VI, CIP 100327 (formerly CIP 6-153).
35
36 Section 2. That the City Manager is hereby authorized to make or cause to be made
37 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
38 offer to the owners or persons having an interest in the Property. If refused, if the property
39 owners are unable to convey clear title, or if the owners cannot be identified or located, the
40 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings
41 to condemn to acquire title to the Property.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
44 October , 2022.
CA15627
R-1
8/10/2022
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APPROVED AS TO CONTENT APPROVED AS TO LEGAL
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EXHIBIT A
Property Authorized for Acquisition By Agreement or Condemnation:
ADDRESS OWNER GPIN
(Now or Formerly)
Approximately Crown Castle GT Company LLC 1477-04-4248
7,500 sq. ft. portion
of 111 Opal Avenue,
Virginia Beach,
Virginia 23462
125' x 60' (±) located
at the northern
boundary of the
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30
ITEM— Y.K.7
ORDINANCES/RESOLUTIONS
ITEM#73405
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Todd Solomon, 2260 First Landing Lane, Phone: 667-8533, spoke in SUPPORT
Maynard West, 2385 Haversham Close, Phone: 714-1771, spoke in SUPPORT
John Wright, 1668 Dey Cove Drive, Phone: 635-2785, spoke in SUPPORT
Steve Ballard, 2393 Haversham Close, Phone: 647-5555, spoke in SUPPORT
Robert Broermann, 2397 Haversham Close, Phone: 409-9857, spoke in SUPPORT
Jody Tangredi, 1629 Godfrey Lane, Phone: 621-9701, spoke in SUPPORT
Bob Simon, 2589 Quality Court#323, Phone: 619-7302, spoke in SUPPORT
Jonathan Dozier, Phone: 355-6838, did not respond.
Upon motion by Council Member Branch, seconded by Council Member Holcomb, City Council
ADOPTED Ordinance to AUTHORIZE the City Manager to Execute an Agreement between the City and
individual property owners re permitting use of the City-Owned Lynnhaven Transfer Facility re private
dredging projects
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
October 18, 2022
1 AN ORDINANCE AUTHORIZING THE
2 EXECUTION OF USE AGREEMENTS
3 BETWEEN THE CITY AND INDIVIDUAL
4 PROPERTY OWNERS PERMITTING USE OF
5 THE CITY-OWNED LYNNHAVEN TRANSFER
6 FACILITY FOR PRIVATE DREDGING
7 PROJECTS
8
9 WHEREAS, numerous waterfront property owners in the City of Virginia Beach
10 ("Owners") have expressed interest in hiring private contractors to dredge the waterway
11 adjacent to their properties for the purpose of improving navigation and ecological
12 conditions within such waterway (the "Waterway");
13
14 WHEREAS, Owners and their proposed contractors do not possess adequate
15 options to transfer the dredged material from the Waterway onto trucks to accomplish
16 proper disposal;
17
18 WHEREAS, the city owns a dredged material transfer facility known as
19 Lynnhaven Transfer Station, a dredged material transfer facility located at the Crab
20 Creek Channel of Lynnhaven Inlet in the vicinity of Lynnhaven Boat Ramp and Beach
21 Facility;
22
23 WHEREAS, Owners have requested permission to use Lynnhaven Transfer
24 Facility to aid in the dredged material disposal process;
25
26 WHEREAS, citizens in the vicinity of the dredged material transfer facility have
27 expressed concern about the disruption to their neighborhood of these transfer
28 operations; and
29
30 WHEREAS, in the opinion of the Council of the City of Virginia Beach, allowing
31 Owners to use the Lynnhaven Transfer Facility for transfer of the dredged materials will
32 be beneficial for the preservation of the safety, health, peace, good order, comfort,
33 convenience, and welfare of the people of the City of Virginia Beach, but shall be limited
34 to a one-year period, starting from the adoption of this Ordinance.
35
36 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA:
38
39 That the City Council authorizes the City Manager or his designee for a one year
40 period to execute a Facility Use Agreement for use of the Lynnhaven Transfer Facility,
41 between the City and any such property owner holding a valid permit to conduct
42 dredging of the Waterway, in accordance with the Summary of Terms attached hereto
43 as Exhibit A and made a part hereof, and such other terms, conditions or modifications
44 as may be necessary.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day
of October , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
q2
Public Works, Engineering City Attorney's Office
CA15764
R-5
September 28, 2022
SUMMARY OF TERMS
TEMPORARY NONEXCLUSIVE USE AGREEMENTS FOR LYNNHAVEN TRANSFER
FACILITY
PARTIES: City of Virginia Beach and Individual Property Owners ("User")
PREMISES: Crab Creek Wharf Transfer Facility located at Lynnhaven boat ramp
and beach facility
TERM: To be determined, based on User applications, but no more than sixty
(60) working days
RIGHTS AND RESPONSIBILITIES OF THE USER:
• Hire a contractor ("Contractor") to develop and manage the dredging and
removal process (the "Project") and submit a copy of the contract and Project
plans for City approval. Agreement between User and Contractor must bind
Contractor to all the provisions of the User Agreement, as applicable. City to be
third party beneficiary to Agreement and Contractor's insurance.
• Use the Premises for transfer of dredged materials from waterborne vessels to
dump trucks to be hauled to a disposal site, and for no other purpose.
• Obtain all necessary permits and the dredging and disposal schedule and
provide copies to the city and the Bayfront Advisory Commission 2 (two) weeks
prior to the commencement of activities.
• Contractor will be required to purchase an Erosion and Sediment bond in an
amount to be determined by City staff.
• Obtain appropriate amount of insurance listing the City as co-insured
• User will agree to a Hold-Harmless and Indemnification to the City.
• Attend a Pre-construction meeting at the Premises with Public Works
Engineering — Water Resources staff prior to commencement of the Project.
• Coordinate Project schedule with City staff and provide a final schedule of
dredging and disposal activities at least 2 weeks prior to commencement of
activity. Such project schedule shall include monitoring of the site, a site safety
plan, including truck flow and queuing of trucks and all hauling routes into and
out of the site.
• Limit operations to daylight hours only between the hours of 7:00 a.m. — 4 p.m.,
Monday — Friday. Term of use will be a maximum of sixty (60) working days.
Operations are prohibited on city holidays and anytime between the Friday
before Memorial Day and Labor Day.
• Recommended less than thirty (30) truck loads per day.
• Maintain Premises during use and restore site to its prior condition upon
completion of the Project. The User hereby agrees to provide a site attendant,
with work experience in dredging and truck hauling operations acceptable to the
City in its sole discretion, on-site at the Transfer Facility at all times during
dredged material transfer operations under the terms of this Agreement. The
attendant shall keep close and careful watch over the Transfer Facility to detect
defects in erosion and sedimentation control measures and provide security
surveillance. At all times, the attendant shall be in radio contact with
representatives of the Contractor to alert the Contractor of serious conditions
which require assistance to control or discontinuance of dredging operations.
• The User shall take all precautions that, in the opinion of the City are necessary;
to prevent the misplacement or escape of dredged material from the Transfer
Facility site. Stockpiling of materials will not be permitted. In the event that
defects in erosion and sedimentation control measures are detected, the
Contractor will be required to discontinue dredged material transfer operations
until such defects are remedied and the misplaced material recovered at the sole
expense of the User, to the satisfaction of the City. The Contractor shall take all
necessary measures to prevent dropping materials on public roadways. All
dredged materials must be off-loaded directly from scow barge to trucks and
transported directly to the disposal site. All trucks leaving the site shall be
watertight and covered and shall be loaded within legal load capacities.
• The contractor shall have no more than 2 (two) loaded barges moored at the
Transfer Facility wharf at the same time.
• The Contractor is required to utilize flagmen at the intersection of the Transfer
Facility access route and LBR&BF parking area to protect vehicular and
pedestrian traffic and ensure safety of facility patrons. The Contractor must
coordinate with City staff to ensure the proper signage is posted during transfer
operations, as directed by the City.
RIGHTS AND RESPONSIBILITIES OFTHE CITY:
• Review plans, approve Contractor, set Erosion and Sediment bond amount,
provide guidelines to User and Contractor, ensure compliance with the User
Agreement.
• Within 30 days of expiration or termination of the Agreement, inspect the
Premises and require correction of any defects prior to release of the Erosion &
Sediment Bond.
• City has priority of use for the Premises, and may deny or postpone scheduled
use, at its sole discretion.
• City shall examine the totality of the use of the site in approving or disapproving
requests for use agreements.
TERMINATION:
• City may revoke the User Agreement at any time upon written notice to the User,
if the User fails to comply with any of the terms and conditions of the User
Agreement. User will be given Ten (10) days notice to terminate should the area
be needed for a public purpose.
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31
ITEM— V.K.8
ORDINANCES/RESOLUTIONS
ITEM#73406
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT, Resolution to APPOINT Donna E. Hernandez as Assistant City Attorney, effective
November 3, 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
October 18, 2022
1 A RESOLUTION APPOINTING DONNA E. HERNANDEZ TO
2 THE POSITION OF ASSISTANT CITY ATTORNEY
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That pursuant to§2-166 of the City Code, Donna E. Hernandez is hereby appointed
8 to the position of Assistant City Attorney, effective November 3, 2022.
9
10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18thday of
11 October , 2022.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
rAA•//1/1-' `Si
Mark D. Stiles, City Attorney
CA15951
R-1
October 7, 2022
32
ITEM— Y.K.9
ORDINANCES/RESOLUTIONS
ITEM#73407
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE$164,700 from the sale of surplus equipment to Capital Project
#100175, "Fire Apparatus IV"re purchase a new fire boat for the Fire Department
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
October 18, 2022
1 AN ORDINANCE TO APPROPRIATE REVENUE
2 FROM THE SALE OF SURPLUS EQUIPMENT TO
3 CAPITAL PROJECT #100175, "FIRE APPARATUS IV"
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $164,700 from the sale of surplus property is hereby appropriated, with
9 miscellaneous revenue increased accordingly, to the Capital Project #100175, "Fire
10 Apparatus IV," to support the purchase of a new fire boat for the Fire Department.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
of October , 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:
/ -e)‘
n�irLAiVII
udget and Management Services City Attorney's Office
CA15948
R-1
October 4, 2022
33
ITEM— V.K.10
ORDINANCES/RESOLUTIONS
ITEM#73408
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY
CONSENT, Ordinance to APPROPRIATE$25,000 from the General Fund Balance re refund of MBCC
Development,LLC(MidAtlantic Broadband), cash deposit
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
October 18, 2022
1 AN ORDINANCE TO APPROPRIATE $25,000 FROM THE
2 FUND BALANCE OF THE GENERAL FUND TO REFUND A
3 CASH DEPOSIT TO MBCC DEVELOPMENT, LLC
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $25,000 is hereby appropriated from the fund balance of the General Fund to
9 refund a cash deposit to MBCC Development, LLC, after completion of the work
10 associated with a franchise agreement to run cables from Camp Pendleton to Corporate
11 Landing.
12
13 Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day
14 of October , 2022.
15
16 Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
. )
B dget and Management Services y orney's Office
CA15939
R-1
October 3, 2022
34
ITEM— V.K.11
ORDINANCES/RESOLUTIONS
ITEM#73409
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED,BY
CONSENT, Ordinance to APPROPRIATE$7,198 from the Library Gift Fund Balance to the FY2022-23
Public Library Operating Budget re purchase scanners for the Edgar T. Brown Local History Archive
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
October 18, 2022
1 AN ORDINANCE TO APPROPRIATE $7,198 FROM THE
2 FUND BALANCE OF THE LIBRARY GIFT FUND FOR THE
3 PURCHASE OF ARCHIVE SCANNERS
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $7,198 from the fund balance of the Library Gift Fund is hereby appropriated to the
9 FY 2022-23 Operating Budget of the Department of Public Libraries to purchase scanners
10 for the Edgar T. Brown Local History Archive.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day
Of October , 2022.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
iv,
;Ira �-�
134„,,,
udget an• Management Services Y'
' Atto ney s ffice
CA15942
R-1
October 4, 2022
35
ITEM— V.K.12
ORDINANCES/RESOLUTIONS
ITEM#73410
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $851,149 from the Federal Emergency
Management Agency (FEMA) to the FY 2022-23 Fire Department Operating Budget re support the
continued operations for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team
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
October 18, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FEDERAL FUNDS FOR THE CONTINUED
3 OPERATION OF THE VIRGINIA TASK FORCE 2
4 URBAN SEARCH AND RESCUE TEAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $851 ,149 is hereby accepted from the Federal Emergency Management Agency
10 and appropriated, with federal revenue increased accordingly, to the FY 2022-23
11 Operating Budget of the Fire Department to support the continued operation of the
12 Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team.
13
14 Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
15 of October , 2022.
16
17 Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
(24( ettt:17)
Budget and Management Services Atto ey's Office
CA15946
R-1
October 4, 2022
36
ITEM— V.K.13
ORDINANCES/RESOLUTIONS
ITEM#73411
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $214,663.37 from the Federal Emergency
Management Agency(FEMA)to the FY2022-23 Fire Department Operating Budget to support deployment
and administrative costs for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team re
mobilization to Kentucky
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
October 18, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FOR THE VIRGINIA TASK FORCE 2 URBAN
3 SEARCH AND RESCUE TEAM MOBILIZATION TO
4 KENTUCKY
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $214,663.37 is hereby accepted from the Federal Emergency Management
10 Agency and appropriated, with federal revenue increased accordingly, to the FY 2022-23
11 Operating Budget of the Fire Department to support deployment and administrative costs
12 for the Virginia Task Force 2 Urban Search and Rescue Team's mobilization to Kentucky.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
of October , 2022.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
cLt6tA)10'
B dget and Management Services i or ey's ffice
CA15944
R-2
October 4, 2022
37
ITEM— V.K.14
ORDINANCES/RESOLUTIONS
ITEM#73412
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $181,350 from the Federal Emergency
Management Agency (FEMA) to the FY2022-23 Fire Department Operating Budget re to support
equipment purchases for the Virginia Task Force 2(VA-TF2) Urban Search and Rescue Team
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
October 18, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 SUPPLEMENTAL FEDERAL FUNDS FOR THE
3 VIRGINIA TASK FORCE 2 URBAN SEARCH AND
4 RESCUE TEAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 $181,350 of supplemental federal funding is hereby accepted from the Federal
10 Emergency Management Agency and appropriated, with federal revenue increased
11 accordingly, to the FY 2022-23 Operating Budget of the Virginia Beach Fire Department
12 to support equipment purchases for the Virginia Task Force 2 Urban Search and Rescue
13 Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day
of October , 2022.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services ity orn y's Office
CA15945
R-1
October 4, 2022
38
ITEM— V.K.15
ORDINANCES/RESOLUTIONS
ITEM#73413
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$71,661 from the Edward Byrne Justice Grant
(JAG) to the FY2022-23 Police Department Operating Budget and Juvenile and Domestic Relations Court
re law enforcement equipment
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
October 18, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FEDERAL FUNDS FOR VARIOUS PUBLIC SAFETY AND
3 CRIMINAL JUSTICE INITIATIVES
4
5 WHEREAS, the City Council provided an opportunity for public comment upon the
6 foregoing uses of federal funds at its October 18, 2022, Formal Session;
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA, THAT:
10
11 $71,661 is hereby accepted from the U.S. Department of Justice via the Edward
12 Byrne Justice Grant and appropriated, with federal revenue increased accordingly, to the
13 following departments and purposes:
14
15 a) $20,000 to the Police Department to purchase two canines;
16
17 b) $20,000 to the Police Department to purchase an equine unit for the
18 Mounted Patrol;
19
20 c) $8,111 to the Police Department to purchase personal breath tests for
21 the Traffic Safety Unit;
22
23 d) $8,200 to the Police Department to purchase Toughbooks for in-field
24 intelligence gathering by the Fugitive Warrant Unit; and
25
26 e) $15,350 to the Juvenile and Domestic Relations Court for contracted
27 manpower to assist with the backlog of case entry and expungements.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t hday of
October , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ge -4Z:d1:6
udget and Management Services Gi torney's Office
CA15937
R-1
September 29, 2022
39
ITEM— V.K.16
ORDINANCES/RESOLUTIONS
ITEM#73414
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $38,569 from the Department of Criminal
Justice Services to the FY2022-23 Human Services Operating Budget re support salary increases for full-
time, state funded positions providing Community Corrections and Pretrial 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
October 18, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 STATE FUNDS FOR COMMUNITY CORRECTIONS
3 AND PRETRIAL SERVICES TO SUPPORT SALARY
4 INCREASES FOR STATE-FUNDED POSITIONS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $38,569 is hereby accepted from the Virginia Department of Criminal Justice
10 Services and appropriated, with state funding increased accordingly, to the FY 2022-23
11 Operating Budget of the Department of Human Services to support salary increases for
12 full-time, state-funded positions providing Community Corrections and Pretrial Services.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 g_t_h day
of October , 2022.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
udget and Management Services City Attorney's Office
CA15947
R-1
October 4,2022
40
ITEM— V.L.1
PLANNING
ITEM#73415
Upon motion by Vice Mayor Wilson,seconded by Council Member Branch, City Council APPROVED,AS
CONDITIONED,BY CONSENT,application of DARREN&MARCELLA KING JOINT REVOCABLE
LIVING TRUST for a Variance to Section 4.4 (b&d) of the Subdivision Regulations re properly record
plat and to provide public street access at 3931 Richardson Road DISTRICT 8 (Formerly District 4 —
Bayside)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
DARREN & MARCELLA KING JOINT REVOCABLE LIVING
TRUST for a Variance to Section 4.4(b&d)of the Subdivision Regulations
re properly record plat and to provide public street access at 3931
Richardson Road(GPIN 1488156345)DISTRICT 8 (Formerly District 4
—Bayside)
The following conditions shall be required:
1. The applicant/owner shall submit a subdivision plat with the City of Virginia Beach
Planning Department. Said plat shall be subject to the review and approval of the
Department of Planning& Community Development, and plat shall be recorded with the
City of Virginia Beach Circuit Court Clerk's Office within 180 days from the date of City
Council action.
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 18`h day of October 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
October 18, 2022
'/":/
R40
R4,0
N
r A Site w /4&
Property Polygons Darren & Marcella King Joint Revocable Living Trust •, _�
3931 Richardson Road
Zoning
Building
Feet
01530 60 90 120 150 180
41
ITEM— V.L.2
PLANNING
ITEM#73416
Upon motion by Vice Mayor Wilson,seconded by Council Member Branch, City Council APPROVED,AS
MODIFIED,AS CONDITIONED,BY CONSENT,application of TAKE 5 PROPERTIES SPV,LLC,A
DELAWARE LIMITED LIABILITY COMPANY/FTB, LLC, for a Modification of Conditions re
automobile repair garage at 3680 Holland Road DISTRICT 3 (Formerly District 3—Rose Hall)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
TAKE 5 PROPERTIES SPV, LLC, A DELAWARE LIMITED
LIABILITY COMPANY/FTB,LLC,for a Modification of Conditions re
automobile repair garage at 3680 Holland Road (GPIN 1486543888)
DISTRICT 3 (Formerly District 3—Rose Hall)
The following conditions shall be required:
1. All conditions attached to the previous Conditional Use Permit granted on April 23, 1996,
are hereby deleted, and superseded by the following conditions.
2. The 2007 Conditional Use Permit for Motor Vehicle Rentals shall be null and void.
3. The exterior of the existing building shall substantially adhere in appearance, size, and
materials to the submitted elevations entitled "TAKE 5 OIL CHANGE CONVERSION,
3680 Holland Road, Virginia Beach, VA 23452, CONCEPT ELEVATIONS", dated June
20, 2022,prepared by Rogue Architects, which has been exhibited to the Virginia Beach
City Council and is on file in the Department of Planning& Community Development.
4. The landscaping on site shall be in substantial conformance to the conceptual landscape
entitled "TAKE 5 OIL CHANGE— VIRGINIA BEACH(HOLLAND), 3680 Holland Road,
Virginia Beach, VA—CONCEPTUAL LANDSCAPE PLAN—EXHIBIT#1", dated August
16, 2022,prepared by Pennoni Associates, Inc., which has been exhibited to the Virginia
Beach City Council and is on file in the Department of Planning & Community
Development.
5. No motor vehicles in a state of obvious disrepair shall be stored outside of the building.
All such vehicles shall only be permitted to be stored within the building.
6. There shall be no outside storage of equipment,parts, tires, or materials.
7. No motor vehicle repair work shall take place outside of the building.
8. No motor vehicles shall be parked within any portion of the public right-of-way.
October 18, 2022
42
ITEM— V.L.2
PLANNING
ITEM#73416
(Continued)
9. The existing trees located on the property shall be retained and maintained.
10. The freestanding sign shall be monument style.
11. The applicant shall obtain all necessary permits and inspections from the Department of
Planning & Community Development/Permits and Inspections Division. The applicant
shall secure a Certificate of Occupancy from the Building Official's Office for the
automobile repair garage use.
12. All on-site signage must meet the requirements and regulations of the Zoning Ordinance,
unless otherwise approved by the Board of Zoning Appeals. A separate permit from the
Department of Planning & Community Development is required for any new signage
installed on the site.
13. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting
and glare shall be deflected, shaded, and focused away from all adjoining property. Any
outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet.
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 18t day of October 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
October 18, 2022
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Q Zoning p y
Building 3680 Holland Road
N. ii Feet
0 35 70 140 210 280 350 420
43
ITEM— V.L.3
PLANNING
ITEM#73417
The following registered to speak:
Rob Beaman, Attorney for Applicant, 222 Central Park Avenue, Phone: 647-7797, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Mary Anne Garland, Phone: 620-6105, spoke in OPPOSITION
Randy Bell, 2716 Cantwell Road, Phone: 343-6303, spoke in OPPOSITION
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
PROFFERED,AS CONDITIONED,AS AMENDED,application of BUILD SENIOR LIVING,LLC,A
MICHIGAN LIMITED LIABILITY COMPANY/KEITH L. SETZER, SHERYL SETZER MEL VIN,
BELINDA SETZER HESTER, JSW HOLDINGS LLC,for a Conditional Change of Zoning from AG-1
& AG-2 Agricultural Districts to Conditional 0-1 Office District and Conditional Use Permit re housing
for seniors & the disabled for properties on the North side of the intersection of Princess Anne Road&
Tournament Drive, West of 2708 Princess Anne Road DISTRICT 2(Formerly District 7—Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BUILD SENIOR LIVING,LLC,A MICHIGAN LIMITED LIABILITY
COMPANY / KEITH L. SETZER, SHERYL SETZER MELVIN,
BELINDA SETZER HESTER, JSW HOLDINGS LLC, for a
Conditional Change of Zoning from AG-1 &AG-2 Agricultural Districts
to Conditional 0-1 Office District and Conditional Use Permit re housing
for seniors & the disabled for properties on the North side of the
intersection of Princess Anne Road & Tournament Drive, West of 2708
Princess Anne Road (GPINs 1494564060, 1494562223) DISTRICT 2
(Formerly District 7—Princess Anne)
The following conditions shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
1. Access to the site shall be from Princess Anne Road as depicted on the conceptual site plan
entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier Assisted Living
of Virginia Beach", dated February 22, 2022, and prepared by Timmons Group or as
approved by Public Works Traffic Engineering during the site plan review process until
such time as another public roadway abutting the site is constructed, then the access point
on Princess Anne Road shall be vacated and access to the site shall be from the new
roadway subject to the approval of the Department of Public Works.
2. Prior to Final Site Plan approval, a Subdivision Plat shall be recorded to consolidate the
parcels into a single lot.
October 18, 2022
44
ITEM— V.L.3
PLANNING
ITEM#73417
(Continued)
3. Prior to the issuance of a Certificate of Occupancy, a one foot no ingress/egress easement
on the property line adjacent to Princess Anne Road shall be established as depicted on
the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor
Premier Assisted Living of Virginia Beach", dated February 22, 2022, and prepared by
Timmons Group exhibit referenced in Proffer 1.
4. The final stormwater management plan submitted to the Development Services Center
(DSC) shall be in substantial conformance with the preliminary stormwater analysis and
shall comply with all adopted stormwater regulations.
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 18`'' day of October 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
October 18, 2022
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Build Senior Living, LLC, a Michigan Limited Liability Company N.
/// Site Parcels on the north side of the intersection of "' '��'
Property Polygons
Zoning
Princess Anne Road & Tournament Drive, west of s
Building 2708 Princess Anne Road
im mmoi Feet
0 55110 220 330 440 550 660
Prepared by and return to:
Robert P.Beaman 111.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 24th day of February, 2022, by and
between J SW HOLDINGS, L.L.C.. a Virginia limited liability company ("JSW", to be indexed
as grantor); KEITH L. SETZER ("KLS". to be indexed as grantor); SHERYL SETZER
MELVIN ("SSM", to be indexed as grantor); BELINDA SETZER HESTER ("BSH.'' to be
indexed as grantor); BUILD SENIOR LIVING LLC. a Michigan limited liability company
("Hampton Manor. and together with JSW. KLS. SSM and BSH. the "Grantor",to be indexed as
grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia(hereinafter referred to as the "Grantee", to be indexed as grantee).
WITNESSETH:
WHEREAS, JSW is the current owner of that certain parcel located in the City of
Virginia Beach, Virginia, being identified as GPIN 1494-56-2223-0000, as more particularly
described in Exhibit A attached hereto and incorporated herein by reference (the "JSW
Property"); and
WHEREAS. KLS, SSM and BSH are the current owners of that certain parcel located in
the City of Virginia Beach, Virginia, being identified as GPIN 1494-56-4060-0000, as more
particularly described in Exhibit B attached hereto and incorporated herein by reference (the
"Setter Property". together with the JSW Property. the "Property"); and
WHEREAS-Hampton Manor is the contract purchaser of the Property; and
WHEREAS, Grantor has 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 AG 1 and AG2 to Conditional 0-1; 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, Grantor acknowledges 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
GPINs: 1494-56-2223-0000; 1494-56-4060-0000
124142441v4
community that are not generally applicable to land similarly zoned Conditional 0-1 are needed
to cope with the situation to which the Grantor's rezoning application gives rise: and
WHEREAS, Grantor has 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 0-1 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
WHEREAS, said conditions having been proffered by the Grantor 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
iulplementation 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 Grantor, for itself; its 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 Grantor, its heirs, personal representatives, assigns, grantees and other successors in
interest or title,namely:
1. When developed, the Property shall be developed in substantial conformity with
the conceptual site plan entitled "Conceptual Site and Landscape Plan, Hampton Manor Premier
Assisted Living of Virginia Beach", dated February 22, 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 building constructed on
the Property, when developed, shall be in substantial conformity with the exhibit entitled
"Conceptual Elevation, Hampton Manor Premier Assisted Living of Virginia Beach", dated
124142441v4 2
February 22. 2022. and prepared by Seidell Architects (the "Elevations"). a copy of which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
3. Landscaping installed on the Property. when developed. shall be in substantial
conformity with that shown on the Concept Plan.
4. Freestanding signage located on the Property shall be monument-style with a
brick base, 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.
5. Pursuant to Section 107(i) of the Virginia Beach Zoning Ordinance, maximum lot
coverage of 29% will be permitted in lieu of the maximum 25% lot coverage otherwise required
under the Zoning Ordinance.
6. 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 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,
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 Grantor 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 Grantor and Grantee.
[Remainder-of Page Intentionally Left Blank. Separate Signature Page to Follow.]
124142441%4 3
IN WITNESS WHEREOF. the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
BUILD : NIOR LIVING LLC. a Michigan
limited l ill"
I,a mpany
Bv:
Nam;:
Title 1..�.�. 1 i= C
1
STATE/COMMONWEALTH OF m
CITY/COUNTY OF ,(14/%1 Alm , to-wit:
The foregoing instrument was sworn to and acknowledged b .fire me this l—7 day of
, 2022, by�S'b�Qa A A Sfi�^ , as (4, P�1 Suild Senior Living LLC,
a chigan limited liability company. He/She is either personally known to me or has produced
(� k 7 tQ11 as identification.
Witness my hand and official stamp or seal this t'l day of [1A 2022.
RAZANN I PEDAWI �
1 Notary Public-State of Michigan
County of Saginaw
My Commission Expires Jan 16,2025 I ublic (SEAL)
Acting in the County of
My Commission Expires: I ( — 1-5-.."
Registration Number:
124142441v4 4
GRANTOR:
JSW HOLDINGS,L.L.C.,
a Virgi '. li i ited li. .' ity t ► pang
By: ,�• f.
Name: ! a-1 4-\
Title: V lb'
410n, OMMONWEALTH OF Vi I q pv ck,
‘4761E4TOOUNTY
OF V A- 'a4 ,to-wit:
The foregoing instrument was sworn to and acknowledged before me this I day of
�, - , 2022,by .c. g 1J, .,as - of JSW Holdings, L.L.C., a
Virginia limited liability company. He/She is either personally known to me or has produced
as identification.
Witness my hand and official stamp or seal this I day of FILL— , 2022.
. 1/1\k-t 0-4&LL‘ vJ-i
Notary Public (SEAL)
My Commission Expires: -]-?j 1- 2A-4
Registration Number: a 1 Sc(3
��,.►.I'I•,t�
�.•���11N CF T•.,
i t My Comm.Expires I G•
. -
o ': 7215513 t Qr
•2i : A
124142441v2 5
GRANTOR:
_�
K-
11191:011W
STATE/COMMONWEALTH OF T/Q,,i (44(k
CITY/COUNTY OF Y i/Aiv t j a-,M ,to-wit:
The foregoing instrument was sworn to and acknowledged before me this ' ' of
g day
t-4'rth , 2022, by Keith L. Setzer. He is either personally known to me or has produced
cin)Z Ste- f U as identification.
k
Witness my hand and official stamp or seal this2 I S da r2 ,2022.
No blic (SEAL)
My Commission Expires: HI (Z J Z`)2 —
Registration Number: i Z S
SHEREECE RTHEL CLARKE
Notary Public-State of New York
NO.01CL6292865
Qualified in Bronx County
is My Commission Expires Nov 12,2025
124142441v3 6
GRANTOR:
Shery etzer Mely
STATE/COMMONWEALTH OF N C
CITY/COUNTY OF C ri xS , to-wit:
The foregoing instrument was sworn to and acknowledged before me this sz a, day of
pryti-0), , 2022, by Sheryl Setzer Melvin. She is either personally known to me or has
produced N(4 L if. OCR►. 7 oqi-Kracas identification.
Witness my hand and official stamp or seal this o?day of r -0 2022.
t CIrL)
Notary Public (SEAL)
My Commission Expires: Q ka X t i o,0a .:,..
MELISSA D CRAYTON
Notary public- North Carolina
Registration Number:
Cabarrus County
My Commission Expires Jan 9, 2025
•
124142441v3 7
GRANTOR:
7.31e.g.r,oL
.1.1,_ zhA47-62A.,
Belinda Setze ester
STATE/COMMONWEALTH OF V P
CITY/COUNTY OFSaate, , to-wit:
The foregoing instrument was sworn to and acknowledged before me this I day of
f(arCr\ , 2022, by Belinda Setzer Hester. She is either personally known to me or has
produced \(a a.rtvei5 ( a C_e ise as identification.
Witness my hand and official stamp or seal this lct day of M ra\ , 2022.
)1AVAci\li. fnenikicsl)
Notary Public (SEAL)
My Commission Expires: a-act" 4
Registration Number: 1 'ri l U .. , � . Kristina Marie Morrison
r ��
t41 4 Notary Public
Commonwealth of Virginia
., ?4, .L :• Registration No. 7847914
S�M
" '•- `' 1,,Commission Expires Feb.29,2024
124142441v3 8
EXHIBIT A
Legal Description
GPIN: 1494-56-2223-0000
ALL THAT certain lot, piece or parcel of land, lying and being in the City of
Virginia Beach (f/k/a Princess Anne County), Virginia, and known and
designated as property of Thelma Williams, 6.92 Ac., as shown on the Plat of
"Property of Robert C. Setzer. et al, located near P.A. Courthouse-Princess Anne
Co., Va.", dated November 6. 1956, made by W. B. Gallup, County Surveyor,
which plat is duly of record in the Clerk's Office of the Circuit Court of the City
of Virginia Beach (f/k/a Princess Anne County), Virginia, in Map Book 43. at
Page 6, to which reference is made for a more particular description; the said
property being more particularly described with reference to said plat as follows:
BEGINNING at a point on the north side of Courthouse Road. State Highway No.
165, that being the dividing line between the property herein conveyed and
property designated as "Robert C. Setzer" on said plat; thence running along the
north side of said highway North 45 degrees 52 minutes West 238.0 feet to a
point; thence turning and running along the side of a ditch North 21 degrees 05
minutes East 1,072.0 feet to a pin on the South side of the right of way of the
Norfolk and Southern Railroad; thence turning and running along the South side
of said right of way South 37 degrees 30 minutes East 420 feet to a point; thence
turning and miming south 29 degrees 28 minutes West 956.4 feet to the North
side of State Highway No. 165, the point of beginning.
124142441\4 9
Exhibit B
Legal Description
G P IN: 1494-56-4060-0000
All that certain lot, piece or parcel of land, situate, lying and being in Princess Anne County,
Virginia, and known and designated as property of Robert C. Setzer, 5.0 Ac., more or less, as
shown on the plat of"Property of Robert C. Setzer, et al, located near P.A. Courthouse - Princess
Anne Co., Va.", dated November 6. 1956. made by W.B. Gallup, County Surveyor, which plat is
recorded in Map Book 43. page 6. With further reference to the above plat the subject property is
more particularly described as follows:
BEGINNING at a point on the northern side of Courthouse Road, State Highway No. 165, that
being the dividing line between the property herein conveyed and property designated as
"Thelma Williams" on said plat; thence in a northerly direction North 29 degrees 28 minutes
West 956.4 feet to a point on the South side of the right of way of the Norfolk and Southern
Railroad; thence turning and running along said right of way South 37 degrees 30 minutes East
66.4 feet to a post; thence turning and running South 5 degrees 50 minutes West 297.7 feet to a
post; thence South 40 degrees 15 minutes East 86.7 feet to a post; thence South 20 degrees 00
minutes West 250.4 feet to a post; thence South 42 degrees 30 minutes West 313.8 feet to a
point; thence South 31 degrees West 90.9 feet to a post; thence continuing in the same direction
43.9 feet to the north side of Courthouse Road, State Highway No. 165: thence turning and
running along the North side of said highway North 45 degrees 52 minutes West 237.1 feet to the
point of beginning.
LESS. SAVE AND EXCEPT that portion of the property conveyed to Commonwealth of
Virginia, by deed dated November 3, 2007 and recorded December 17, 2007 in Instrument
Number 20071217001657990.
IT BEING the same property conveyed to Robert C. Setzer and Hattie T. Setzer, husband and
wife, as tenants by the entirety with the rights of survivorship by deed from Daniel Riddick,
Receiver for "The Stock Company of the Negro Farmer's Conference of Princess Anne,
Incorporated", dated January 23, 1957, and recorded February 15. 1957 in the Clerk's Office of
the Circuit Court of City of Virginia Beach, Virginia. in Deed Book 487, Page 1.
The said Robert C. Setzer departed this life of December 7, 1992 and by operation of law the title
was vested in his wife, Hattie T. Setzer.
The said Hattie T. Setzer departed this life of May 19, 2015 and pursuant to her recorded
Last Will and Testament recorded as Instrument No. 20151021001032960 property is
devised to her children Keith L. Setzer, Sheryl Setzer Melvin and Belinda Setzer Hester.
124142441v4 10
45
ITEM— V.L.4
PLANNING
ITEM#73418
Upon motion by Vice Mayor Wilson,seconded by Council Member Branch, City Council APPROVED,AS
CONDITIONED,BY CONSENT,application ofANTHONYLEE FRANCO/PROVIDENCE SQUARE
ASSOCIATES,LLC,for a Conditional Use Permit re tattoo parlor at 1001 Kempsville Road, Suites 1049,
1051, and 1053 DISTRICT 1 (Formerly District 2—Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ANTHONY LEE FRANCO/PROVIDENCE SQUARE ASSOCIATES,
LLC,for a Conditional Use Permit re tattoo parlor at 1001 Kempsville
Road, Suites 1049, 1051, and 1053 (GPIN 1466538222) DISTRICT 1
(Formerly District 2—Kempsville)
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 18`h day of October 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
October 18, 2022
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O Zoning 1001 Kempsville Road, Units 1049, 1051 , 1053 s
Building
Feet
0 1530 60 90 120 150 180
46
ITEM— V.L.5
PLANNING
ITEM#73419
The following registered to speak:
Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wilson,seconded by Council Member Branch, City Council APPROVED,AS
CONDITIONED, application of MIKE DAUBERT/BACK BAY FARMS, INC.,for a Conditional Use
Permit re assembly use at 1833 Princess Anne Road DISTRICT 2 (Formerly District 7- Princess Anne)
(Deferred from September 20, 2022)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MIKE DAUBERT/BACK BAY FARMS, INC.,for a Conditional Use
Permit re assembly use at 1833 Princess Anne Road(GPIN2403937330)
DISTRICT 2(Formerly District 7—Princess Anne)
The following conditions shall be required:
1. When the site is developed, it shall be in substantial conformance with the submitted
concept plan entitled "SITE LAYOUT"dated 4/29/2022 and prepared by Timmons Group,
which has been exhibited to the Virginia Beach City Council and is on file in the
Department of Planning and Community Development.
2. The exterior of the proposed building shall substantially adhere in appearance, size and
materials to the elevations entitled "EXTERIOR ELEVATIONS" dated 4/29/2022 and
prepared by Hanbury, which has been which has been exhibited to the Virginia Beach City
Council and is on file in the Department of Planning and Community Development.
3. Events shall be limited to between the hours of 8:00 a.m. and 11:00 p.m.
4. The maximum number of attendees and the occupancy load shall be determined by the City
of Virginia Beach Fire Marshal.
5. No outdoor amplified music shall be permitted after 10:00 p.m.
6. All parking for the Assembly Use shall be on the property.
7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA
requirements.
8. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All
trash receptacles shall be emptied regularly so as not to overflow, and litter and debris
shall not be allowed to accumulate.
October 18, 2022
47
ITEM— V.L.5
PLANNING
ITEM#73419
(Continued)
9. Any outdoor storage of stalls or other materials is prohibited.
10. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau
must be obtained for use.
11. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention
Bureau, the Health Department and Emergency Medical Services of the event's time, size,
and scope of activities.
12. The final stormwater plan submitted to the Development Services Center(DSC)shall be in
substantial conformance with the preliminary stormwater analysis, unless otherwise
approved by the DSC, using the same basis of design that includes increased rainfall
amounts and consideration for sea level rise.
13. Virginia Beach Health Department approval as required of well and/or septic systems shall
be obtained during site plan review.
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 18t day of October 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
October 18, 2022
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Property Polygons 1833 Princess Anne Road S
Zoning
Building I. Feet
0 87.975 350 525 700 875 1,050
48
ITEM— V.L.6
PLANNING
ITEM#73420
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS
CONDITIONED, BY CONSENT, application of BOING US HOLDCO, INC./NMP-C4 FAIRFIELD
S/C,LLC,for a Conditional Use Permit re car wash facility at 837 Kempsville Road District 3 (Formerly
District 2—Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BOING US HOLDCO, INC. /NMP-C4 FAIRFIELD S/C, LLC,for a
Conditional Use Permit re car wash facility at 837 Kempsville Road
(GPIN 1466644850)DISTRICT 3 (Formerly District 2—Kempsville)
The following conditions shall be required:
1. When the property is developed, it shall be in substantial conformance with the conceptual
site plan entitled "CONCEPTUAL SITE PLAN— Take 5 Car Wash —VIRGINIA BEACH,
837 Kempsville Road, Virginia Beach, VA—Exhibit 1", dated August 25, 2022,prepared
by Pennoni Associates, Inc., which has been exhibited to the Virginia Beach City Council
and is on file in the Department of Planning& Community Development.
2. A Landscape Plan shall be submitted to the Development Services Center of the
Department of Planning & Community Development for review and ultimate approval
prior to the issuance of a Certificate of Occupancy that is in substantial conformance to
the conceptual landscape entitled "Take 5 Car Wash —VIRGINIA BEACH, 837Kempsville
Road, Virginia Beach, VA — Exhibit 2", dated August 25, 2022, prepared by Pennoni
Associates,Inc., which has been exhibited to the Virginia Beach City Council and is on file
in the Department of Planning& Community Development.
3. The exterior of the proposed building shall substantially adhere in appearance, size, and
materials to the submitted elevations entitled "TAKE 5 CAR WASH, 837 Kempsville Road,
Virginia Beach, VA 23464, ELEVATIONS—, dated June 28, 2022, prepared by Rogue
Architects, which has been exhibited to the Virginia Beach City Council and is on file in
the Department of Planning& Community Development.
4. The dumpster shall be enclosed with a solid brick wall in color and material to match the
building and any required screening shall be installed in accordance with Section 245(e)
of the Zoning Ordinance.
5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance,
unless otherwise approved by the Board of Zoning Appeals. A separate permit from the
Department of Planning & Community Development is required for any new signage
installed on the site.
October 18, 2022
49
ITEM— V.L.6
PLANNING
ITEM#73420
(Continued)
6. The existing nonconforming freestanding sign shall be removed from the site and replaced
with a monument style sign no taller than eight feet in height.
7. 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.
8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting
and glare shall be deflected, shaded, and focused away from all adjoining property. Any
outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet.
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 18`" day of October 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
October 18, 2022
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Property PolygonsBoing US Holdco, Inc `J
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Zoning 837 Kern psvi I le Road S
Building
m mom. mows Feet
0 35 70 140 210 280 350 420
50
ITEM— Y.L.7
PLANNING
ITEM#73421
Upon motion by Vice Mayor Wilson,seconded by Council Member Branch, City Council APPROVED,AS
CONDITIONED,BY CONSENT,application of BEL AIRE,LLC, & TAKE 5 PROPERTIES SPV,LLC
/BEL AIRE, LLC,for Conditional Use Permits re automobile repair garage and car wash at 1552
General Booth Boulevard DISTRICTS(Formerly District 7—Princess Anne)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BEL AIRE, LLC, & TAKE 5 PROPERTIES SPV, LLC/BEL AIRE,
LLC,for Conditional Use Permits re automobile repair garage and car
wash at 1552 General Booth Boulevard(GPIN 2415555765) DISTRICT
5 (Formerly District 7—Princess Anne)
The following conditions shall be required:
Conditions for Conditional Use Permit for Automobile Repair Garage:
1. The site shall be developed and maintained substantially in conformance with the
submitted site layout entitled "Concept Plant Schedule," dated June 22, 2022, and
prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City
Council and is on file with the Department of Planning& Community Development.
2. The design, size, and materials of the building shall be substantially in adherence, with the
submitted elevation exhibits entitled "Take-5 Oil Change," dated June 30, 2022, and
prepared by Ground-Up. Said elevations have been exhibited to the Virginia Beach City
Council and are on file with the Department of Planning& Community Development.
3. The dumpster shall be enclosed by a wall on three sides, constructed of materials that
match the building, not less than six feet in height, and any required screening shall be
installed in accordance with Section 245(e) of the Zoning Ordinance and the City of
Virginia Beach Landscaping Guide.
4. No motor vehicles in a state of obvious disrepair shall be stored outside of the building
All such vehicles shall only be permitted to be stored within the building.
5. No motor vehicle repair work shall take place outside of the building.
6. No motor vehicles shall be parked within any portion of the public right-of-way.
7. There shall be no outdoor storage of equipment,parts, tires, or materials.
October 18, 2022
51
ITEM— Y.L.7
PLANNING
ITEM#73421
(Continued)
8. All on-site signage shall meet the requirements of the City Zoning Ordinance. One
monument sign shall be permitted on the parcel. There shall be no signs that contain or
consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar
moving devices on the site or on the vehicles. There shall be no signs which are painted,
pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized
manner to walls or other signs.
9. 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.
10. There shall be no portable or nonstructural signs or electronic display signs on the site.
11. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting
and glare shall be deflected, shaded, and focused away from all adjoining property. Any
outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet.
12. The final stormwater management plan submitted to the Development Services Center
(DSC) shall be in substantial conformance with the preliminary stormwater analysis and
shall comply with all adopted stormwater regulations.
Conditions for Conditional Use Permit for Car Wash Facility:
1. The site shall be developed and maintained substantially in conformance with the
submitted site layout entitled "Concept Plant Schedule," dated June 22, 2022, and
prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City
Council and is on file with the Department of Planning& Community Development.
2. The design, size, and materials of the building shall be substantially in adherence, with the
submitted elevation exhibits entitled "Splash Car wash—General Booth,"dated June 30,
2022, and prepared by Ionic DeZign Studios. Said elevations have been exhibited to the
Virginia Beach City Council and are on file with the Department ofPlanning&Community
Development.
3. No window or outdoor advertising banners, pennants, streamers or other such visual
devices beyond those permitted by the City Zoning Ordinance shall be permitted on the
property.
4. No water produced by activities at the facility lot shall be permitted to fall upon or drain
across public streets or sidewalks or adjacent properties.
October 18, 2022
52
ITEM— V.L.7
PLANNING
ITEM#73421
(Continued)
5. All on-site signage shall meet the requirements of the City Zoning Ordinance. One
monument sign shall be permitted on the parcel. There shall be no signs that contain or
consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar
moving devices on the site or on the vehicles. There shall be no signs which are painted,
pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized
manner to walls or other signs.
6. There shall be no portable or nonstructural signs or electronic display signs on the site.
7. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting
and glare shall be deflected, shaded, and focused away from all adjoining property. Any
outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet.
8. Parking above the maximum number of parking spaces shall only be permitted with
approval by the Planning Director pursuant to Section 203(b)(9)of the Zoning Ordinance.
9. The final stormwater management plan submitted to the Development Services Center
(DSC)shall be in substantial conformance with the preliminary stormwater analysis and
shall comply with all adopted stormwater regulations.
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of October 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
October 18, 2022
B2 B2 - a
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Property Polygons
Bel Aire, LLC & Take 5 Properties SPV, LLC, , 0'
a Delaware Limited Liability Company s
Zoning
Building 1552 General Booth Boulevard
Feet
0 1530 60 90 120 150 180
53
ITEM— V.L.8
PLANNING
ITEM#73422
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS
CONDITIONED,BY CONSENT, application of SUSAN LIMOR for a Conditional Use Permit re short
term rental at 303 Atlantic Avenue, Unit 1005 DISTRICTS(Formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SUSAN LIMOR for a Conditional Use Permit re short term rental at 303
Atlantic Avenue, Unit 1005 (GPIN 24273224032120) DISTRICT S
(Formerly District 6—Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic
Avenue, Unit 1005 and the Short Term Rental use shall only occur in the principal
structure.
2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the
Department of Planning and Community Development (Zoning Administration) before
using the dwelling for Short-Term Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building Code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of
the City Zoning Ordinance or as approved by City Council.
S. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two(2))on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty (30) minutes and to be physical present at the Short Term Rental within one
(1) hour.
October 18, 2022
54
ITEM— V.L.8
PLANNING
ITEM#73422
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a'through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development
Short Term Rental Zoning Permit; and
b. Copies of the Commissioner of Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four-
square foot sign posted on the building, or other permanent structure or location approved
by the Zoning Administrator,that identifies the property as a short term rental and provides
the telephone numbers for the Short Term Rental Hotlines in text large enough to be read
from the public street.
14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
October 18, 2022
55
ITEM— V.L.8
PLANNING
ITEM#73422
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2) individuals per bedroom, which number shall not
include minors under the age of 16, provided that in no case may the total number of
persons staying overnight at the property exceed the number of approved bedrooms
multiplied by three(3).
18. The property owner,or their representative,shall provide to the City Planning Department
permission to inspect the Short Term Rental property annually. Such inspection shall
include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen)
and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in
accordance with the building code in affect at the of construction and interconnected. Units
constructed prior to interconnection requirements must have a minimum of one smoke
alarm installed on every floor of the structure and in the areas adjacent to all sleeping
rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and
carbon monoxide detectors have been inspected within the last twelve(12)months and are
in good working order.
Properties managed by Short Term Rental Companies certified by the Department of
Planning shall only be required to be inspected every three years. The inspection for
compliance with the requirements above shall be performed by the short term rental
management company and be documented on a form prescribed by the Planning
Department and shall be provided during the yearly permitting process.
Properties may be inspected annually for compliance with the requirements above by
certified Short Term Rental Management Companies or Certified Home Inspectors. The
compliance inspection shall be documented on a form prescribed by the Planning
Department and shall be provided during the yearly permit process.
19. A structural safety inspection report shall be provided to the city every three (3) years
indicating all exterior stairways, decks,porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection (engineer or architect)
and are safe for use. The report must indicate the maximum number of occupants permitted
on each level of these structures and placards indicating the maximum number of
occupants of all exterior stairways, decks,porches, and balconies must be posted on each
level of these structures.
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 18`h day of October Two
Thousand Twenty Two.
October 18, 2022
56
ITEM— Y.L.8
PLANNING
ITEM#73422
(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
October 18, 2022
OR
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Property Polygons Susan Limor ' ;Wl
303 Atlantic Avenue, Unit 1005 s
Zoning
Building
miiiiiiiiimiFeet
01530 60 90 120 150 180
57
ITEM— V.L.9
PLANNING
ITEM#73423
Upon motion by Vice Mayor Wilson,seconded by Council Member Branch, City Council APPROVED,AS
CONDITIONED, BY CONSENT, application of THOMAS CUNNINGHAM for a Conditional Use
Permit re short term rental at 4005 Atlantic Avenue, Unit 207 DISTRICT 6(Formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THOMAS CUNNINGHAM for a Conditional Use Permit re short term
rental at 4005 Atlantic Avenue, Unit 207(GPIN 2428051448)DISTRICT
6(Formerly District 6—Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic
Avenue, Unit 207, and the Short Term Rental use shall only occur in the principal structure.
2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and
Community Development (Zoning Administration) before using the dwelling for Short-Term
Rental purposes.
3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the
City Zoning Ordinance or as approved by City Council.
4. For properties located within the boundaries of the Residential Parking Permit Program
(RPPP), while the Short Term Rental use is active, parking passes issued for the subject
dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and
temporary passes through the RPPP shall not be permitted.
5. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal
process of this Conditional Use Permit may be administrative and performed by the Planning
Department; however, the Planning Department shall notify the City Council in writing prior
to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term
Rental has been the subject of neighborhood complaints, violations of its conditions or
violations of any building, housing, zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the allowed
number of people who may stay overnight(number of bedrooms times two(2))on the property
where the Short Term Rental is located. This Short Term Rental may not request or obtain a
Special Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible person,
who may be the owner, operator or an agent of the owner or operator, who is available to be
contacted and to address conditions occurring at the Short Term Rental within thirty (30)
minutes and to be physical present at the Short Term Rental within one(1)hour.
October 18, 2022
58
ITEM— V.L.9
PLANNING
ITEM#73423
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the
new property owner of requirements 'a'through `c'below. This information must be submitted
to the Planning Department for review and approval. This shall be done within six(6)months
of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development Short
Term Rental Zoning Permit; and
b. Copies of the Commissioner of Revenue's Office receipt of registration;
and
c. Proof of liability insurance applicable to the rental activity of at least$1-
Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration with
the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by the
Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-
28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any
approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with
the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each short term rental shall have one (1)four-square
foot sign posted on the building, or other permanent structure or location approved by the
Zoning Administrator, that identifies the property as a short term rental and provides the
telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the
public street.
14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental activity
at registration and renewal of at least $1-Million underwritten by insurers acceptable to the
City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
October 18, 2022
59
ITEM— Y.L.9
PLANNING
ITEM#73423
(Continued)
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not
include minors under the age of 16,provided that in no case may the total number of persons
staying overnight at the property exceed the number of approved bedrooms multiplied by three
(3).
18. The property owner, or their representative, shall provide to the City Planning Department
permission to inspect the Short Term Rental property annually. Such inspection shall include:
1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain
sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the
building code in affect at the of construction and interconnected. Units constructed prior to
interconnection requirements must have a minimum of one smoke alarm installed on every
floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be
audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have
been inspected within the last twelve months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of Planning
shall only be required to be inspected every three years. The inspection for compliance with
the requirements above shall be performed by the short term rental management company and
be documented on a form prescribed by the Planning Department and shall be provided during
the yearly permitting process.
Properties may be inspected annually for compliance with the requirements above by certified
Short Term Rental Management Companies or Certified Home Inspectors. The compliance
inspection shall be documented on a form prescribed by the Planning Department and shall be
provided during the yearly permit process. .
19. A structural safety inspection report shall be provided to the city every three (3) years
indicating all exterior stairways, decks, porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection (engineer or architect) and
are safe for use. The report must indicate the maximum number of occupants permitted on each
level of these structures and placards indicating the maximum number of occupants of all
exterior stairways, decks, porches, and balconies must be posted on each level of these
structures.
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 181h day of October Two
Thousand Twenty Two.
October 18, 2022
60
ITEM— V.L.9
PLANNING
ITEM#73423
(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
October 18, 2022
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61
ITEM— V.L.10
PLANNING
ITEM#73424
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council APPROVED,AS
CONDITIONED, BY CONSENT, application of GREG ZINIS for a Conditional Permit re short term
rental at 304 26`h %2 Street, Unit B DISTRICT 6(Formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
GREG ZINIS for a Conditional Permit re short term rental at 304 26th '/2
Street, Unit B(GPIN 24280055430002)DISTRICT 6(Formerly District 6
—Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 304 26th 1/2 Street,
Unit B and the Short Term Rental use shall only occur in the principal structure.
2. An annual(yearly)Short Term Rental Zoning Permit must be obtained from the Department of
Planning and Community Development(Zoning Administration) before using the dwelling for
Short-Term Rental purposes.
3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the
City Zoning Ordinance or as approved by City Council.
4. The garage space within the unit must remain a minimum of nine(9)-feet by eighteen(18)feet,
contain a minimum 8-foot wide vehicle entryway opening, and shall remain free of materials
to ensure vehicular accessibility to the Short Term Rental tenants.
5. Three additional parking spaces,at a location subject to approval by the Zoning Administrator,
shall be available for use by the Short Term Rental occupants at all times.
6. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal
process of this Conditional Use Permit may be administrative and performed by the Planning
Department; however, the Planning Department shall notify the City Council in writing prior
to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term
Rental has been the subject of neighborhood complaints, violations of its conditions or
violations of any building, housing,zoning,fire or other similar codes.
7. No events associated with the Short Term Rental shall be permitted with more than the allowed
number of people who may stay overnight(number of bedrooms times two(2))on the property
where the Short Term Rental is located. This Short Term Rental may not request of obtain a
Special Event Permit under City Code Section 4-1.
October 18, 2022
62
ITEM— V.L.10
PLANNING
ITEM#73424
(Continued)
8. The owner or operator must provide the name and telephone number of a responsible person,
who may be the owner, operator or an agent of the owner or operator, who is available to be
contacted and to address conditions occurring at the Short Term Rental within thirty (30)
minutes and to be physical present at the Short Term Rental within one(1)hour.
9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the
new property owner of requirements `a'through `c'below. This information must be submitted
to the Planning Department for review and approval. This shall be done within six(6)months
of the property real estate transaction closing date.
a. A completed Department of Planning and Community Development Short
Term Rental Zoning Permit; and
b. Copies of the Commissioner of Revenue's Office receipt of registration;
and
c. Proof of liability insurance applicable to the rental activity of at least$1-
Million.
10. To the extent permitted by state law, each Short Term Rental must maintain registration with
the Commissioner of Revenue's Office and pay all applicable taxes.
11. There shall be posted in a conspicuous place within the dwelling a summary provided by the
Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-
28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any
approved parking plan.
12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with
the requirements of City Code sections 31-26, 31-27 and 31-28.
13. Accessory structures shall not be used or occupied as Short Term Rentals.
14. No signage shall be on-site, except that each Short Term Rental shall have one(1)four-square
foot sign posted on the building, or other permanent structure or location approved by the
Zoning Administrator, that identifies the property as a short term rental and provides the
telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the
public street.
15. The Short Term Rental shall have no more than one (1) rental contract for every seven (7)
consecutive days.
16. The owner or operator shall provide proof ofliability insurance applicable to the rental activity
at registration and renewal of at least one million dollars ($1,000,000) underwritten by
insurers acceptable to the City.
October 18, 2022
63
ITEM— V.L.10
PLANNING
ITEM#73424
(Continued)
17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not
include minors under the age of 16,provided that in no case may the total number of persons
staying overnight at the property exceed the number of approved bedrooms multiplied by three
(3).
19. The property owner, or their representative, shall provide to the City Planning Department
permission to inspect the Short Term Rental property annually. Such inspection shall include:
1)At least one fire extinguisher has been installed inside the unit(in the kitchen)and in plain
sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the
building code in affect at the of construction and interconnected. Units constructed prior to
interconnection requirements must have a minimum of one smoke alarm installed on every
floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be
audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have
been inspected within the last twelve months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of Planning
shall only be required to be inspected every three years. The inspection for compliance with
the requirements above shall be performed by the short term rental management company and
be documented on a form prescribed by the Planning Department and shall be provided during
the yearly permitting process.
Properties may be inspected annually for compliance with the requirements above by certified
Short Term Rental Management Companies or Certified Home Inspectors. The compliance
inspection shall be documented on a form prescribed by the Planning Department and shall be
provided during the yearly permit process.
20. A structural safety inspection report shall be provided to the city every three (3) years
indicating all exterior stairways, decks, porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection (engineer or architect) and
are safe for use. The report must indicate the maximum number of occupants permitted on each
level of these structures and placards indicating the maximum number of occupants of all
exterior stairways, decks, porches, and balconies must be posted on each level of these
structures.
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 18'h day of October Two
Thousand Twenty Two.
October 18, 2022
64
ITEM— V.L.10
PLANNING
ITEM#73424
(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
October 18, 2022
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66
ITEM— V.M
APPOINTMENTS
ITEM#73426
Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED:
MORGAN AYERS
Three year term 12/1/2022—11/30/2025
BAYFRONT ADVISORY COMMISSION
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
October 18, 2022
67
ITEM— V.M
APPOINTMENTS
ITEM#73427
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
HANNAH SABO
(Planning Department)
Unexpired term thru 9/30/2025
HOUSING ADVISORY BOARD
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
October 18, 2022
68
ITEM— V.M
APPOINTMENTS
ITEM#73428
Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED:
CLIFF RICE
Three year term 12/1/2022—11/30/2025
INVESTIGATION REVIEW PANEL
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
October 18, 2022
69
ITEM— V.M
APPOINTMENTS
ITEM#73429
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
CAL VERN JACKSON-GREEN
No Term
PROCESS IMPROVEMENT STEERING COMMITTEE
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
October 18, 2022
70
NEW BUSINESS
ITEM#73430
Council Member Rouse distributed copies of the proposed Resolution, "To Request the Virginia Beach
School Board Participate in the Upcoming Disparity Study" and advised it will be considered on an
upcoming Agenda, attached hereto and made a part of the record.
October 18, 2022
"Cr
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Request the Virginia Beach School Board Participate in the
Upcoming Disparity Study
MEETING DATE: November 1, 2022
• Background: The City completed a disparity study (the "Study"), and the results
were provided to the City Council in January 2019. The written report included ten
policy recommendations for advancing the City's efforts to increase minority business
participation in City contracts. The recommendations from the Study have provided the
City with concrete measures that seek to improve the participation of minority-owned,
woman-owned, service-disabled veteran-owned, and small businesses. To ensure the
continuity of the City's initiatives, the FY 2022-23 Operating Budget includes funding for
the City to undertake a second disparity study.
The City's Minority Business Committee (MBC) was presented with a report from the
Virginia Beach City Public Schools (VBCPS) regarding small and minority business
participation in VBCPS contracts at the MBC's September meeting. The MBC observed
the reporting of VBCPS contracts did not provide the level of detail or information the
MBC has come to expect in reporting of City contracts. At its October meeting, the
MBC adopted a motion requesting the City Council formally request the participation of
the School Board in the upcoming disparity study.
■ Considerations: The attached resolution formally requests the Virginia Beach
School Board adopt a resolution indicating the willingness of the School Board to
participate in the City's upcoming disparity study. The School Board's participation in
the disparity study would provide more robust reporting and detailed information
regarding spending on VBCPS contracts. Moreover, there may be efficiencies and
shared contracting opportunities through a joint disparity study.
The City's funding in FY 2022-23 is $500,000 for the disparity study. If the School
Board agrees to participate in the disparity study, the City Council would request a
50/50 cost share for any amounts above the $500,000.
• Public Information: Normal Council Agenda process.
• Attachments: Resolution
Requested by Councilmembers Miles and Rouse
REQUESTED BY COUNCILMEMBERS MILES AND ROUSE
1 A RESOLUTION TO REQUEST THE VIRGINIA BEACH
2 SCHOOL BOARD PARTICIPATE IN THE UPCOMING
3 DISPARITY STUDY
4
5 WHEREAS, the City completed its first disparity study, and the results of this study
6 were released in January 2019 and have provided the impetus for the City to undertake
7 various actions to improve the participation of minority-owned, woman-owned, service-
8 disabled veteran-owned, and small businesses;
9
10 WHEREAS, the FY 2022-23 Operating Budget includes funding for the City to
11 undertake a second disparity study;
12
13 WHEREAS,the City's Minority Business Council (MBC)was presented with a report
14 from the Virginia Beach City Public Schools (VBCPS) regarding small and minority
15 business participation in VBCPS contracts at the MBC's September meeting;
16
17 WHEREAS, at its October meeting, the MBC adopted a motion requesting the City
18 Council formally request the participation of the School Board in the upcoming disparity
19 study;
20
21 WHEREAS, the City Council has provided $500,000 for the second disparity study
22 and, if the School Board agrees to participate in the disparity study, the City Council would
23 request a 50/50 cost share for amounts above the $500,000;
24
25 WHEREAS, the City Council believes the School Board would benefit from
26 participation in the City's upcoming disparity study;
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA, THAT:
30
31 The City Council requests the Virginia Beach School Board adopt a resolution
32 indicating the willingness of the School Board to participate in the City's upcoming
33 disparity study.
Adopted by the City Council of the City of Virginia Beach, Virginia, this day
of , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA15949
R-1
October 18, 2022
71
ADJOURNMENT
ITEM#73431
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:39 P.M.
Terri H. Chelius/
Chief Deputy City Clerk
A da Barnes,MMC Robert M. Dyer
City Clerk Mayor
October 18, 2022