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Home My WebLink AboutAPRIL 4, 2023 FORMAL SESSION MINUTES „ram` sz4c le,L� (Ili L.4.5% p,a AA��. � , ti/ VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 4, 2023 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,April 4, 2023, at 12:00 P.M Council Members Present: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky” Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCIL'S BRIEFING 5/31 MEMORIAL COMMITTEE—DESIGN FIRM RECOMMENDATION ITEM#74011 12:01 P.M. Mayor Dyer welcomed Emily Labows, Director — Virginia Cultural Affairs and Members of the 5/31 Memorial Committee. Ms.Labows expressed her appreciation to City Council for their continued support and turned the presentation over to Commissioner Zito: 5/31 Remembrance Memorial Planning Committee Recommendation to City Council on Conceptual Design April 4,2023 '/B Cultural Affairs We Remember • LaQuita C. Brown • Michelle "Missy" Langer • Ryan Keith Cox • Richard H. Nettleton • Tara Welch Gallagher • Katherine A. Lusich Nixon • Mary Louise "Mary Lou" • Christopher Kelly Rapp Crutsinger Gayle • Herbert "Bert" Snelling • Alexander Mikhail Gusev • Robert "Bobby" Williams • Joshua O. Hardy 5/31 Memonal Committee/Recommendation and Net Steps April 4, 2023 3 CITY COUNCIL'S BRIEFING 5/31 MEMORIAL COMMITTEE—DESIGN FIRM RECOMMENDATION ITEM#74011 (Continued) Here is the Role of the Committee: City Council-Appointed 5/31 Memorial Committee Role of Committee • Create a vision for the memorial and set project goals and priorities • Engage and advocate for families,survivors,community members.and other stakeholders • Develop design criteria and recommendations for the memorial site and funding • Select a preferred location for the memorial • Provide project budgets.mobilize funding.and solicit design proposals • Conduct the selection process • Make a final recommendation to the City Council • Oversee the installation and dedication of the memorial 5,"31 M e''.a om'tree/Recommendations and Next Steps 3 Here are the Committee Members: Committee Members Committee Has Met: • George Alcaraz • Jason W.Nixon • William"Billy"Almond • Tara Reel • February 23-24,2022 • Ervin R.Cox • Sergeant Brian K.Ricardo • March 30-31,2022 • Sharon R.Felton • Sylvia Strickland • April 27-28,2022 • Dr.Kurt's P.Hooks • Charlotte H.Zito • July 11,2022 • Lawrence W."Duff Kliewer • August 25,2022 • Cosette"Cozy"Livas - November 3,2022 • November 11,2022 Council Liaisons: • November 16-17,2022 • The Honorable Michael Berlucchi • January 9,2023 • The Honorable Sabrina Wooten • March 2,2023 • March 29,2023 3rd Party Family and Survivors Liaison and Committee Facilitator: Meetings live streamed and on • Tess Burroughs and Larry Schooler,Kearns&West vbgov.com for later review 5/31 Memorial Committee/Recommendations and Nen Steps 4 April 4, 2023 4 CITY COUNCIL'S BRIEFING 5/31 MEMORIAL COMMITTEE—DESIGN FIRM RECOMMENDATION ITEM#74011 (Continued) Here is a summary of the Committee's progress: Progress: 5/31 Memorial Committee • Evaluated locations and reached consensus on future memorial location(s) • Considered design elements and reached consensus on desired components for a future memorial • Maintained active. ongoing engagement with families of those whose lives were lost on 5/31 • Solicited community input via in-person, telephonic, and online survey, resulting in feedback from over 500 participants • Evaluated conceptual design proposals 5/31 Memorial Committee/Recommendations and Next Steps Here is a Recap of Phase I and II of the Design Selection Process: Recap: Design Selection Process o Phase I: • City issued Request for Qualifications from multi-disciplinary design teams nationwide (September 2022) • Committee selected two firms that were awarded a$10,000 stipend each to develop site- specific proposals(December 2022) • Dills Architects with SWA Group • Rhodeside Harwell,Inc.(RHI)with Kirkland Studio o Phase II: • Two finalists visited site and engaged with stakeholders(January 2023) • Committee interviewed two finalists(March 2,2023) • Gathered input from families.employees,those impacted and the community(March 2023) • Memorial Committee met to review input and evaluated the two design proposals based on RFQ criteria. Committee voted unanimously to recommend the conceptual design by Dills Architects with SWA(March 29,2023) 5/31 Memorial Comittee/Recommendations and Next Steps 6 m April 4, 2023 5 CITY COUNCIL'S BRIEFING 5/31 MEMORIAL COMMITTEE—DESIGN FIRM RECOMMENDATION ITEM#74011 (Continued) Commissioner Zito turned the presentation over to Beth Hundley, Deputy Director— Cultural Affairs to provide Community Feedback from SpeakUp VB Survey: Community Feedback from SpeakUpVB Survey • Open March 3-23 DOES THE DESIGN CONCEPT MEET • 637 unique respondents to 9 THE STATED GOALS? scaled questions ■Dills■Rill • 1,094 open-ended comment responses received • The chart presented at right shows the averages of the nine questions • Dills ranged from 86-95%for strongly agree/agree that the no , — e design met the goals;RHI A<,P,l NE,TPAAO REF�P SraoN<. ranged from 46-77% Of the family members who provided feedback to a committee member,the liaison or by name in the survey,all specified a preference for the Dills design,with the exception of one who liked both and another who did not indicate a preference. 5/31 Memorial Committee/Recommendations and Next Steps 7 Ms.Hundley turned the presentation over to Commissioner Kliewer to provide details on the Recommended Site: Recommended Site: Corner of Princess Anne Road and Nimmo Parkway Municipal Center 0 Site A wri rnaanwr.uaao ' •• •- t .4 �t toIf il.7s. - , -.:—.... '---- -'ti irr,.. .-H:„.._ . / , ,,,..,. Nit - ,, .-.1,7,g, 41' ^ 2 .4 I.• Vr•F(r fir '{•I i t .. .tom ♦ l ..w � .� �7 Sj 31 Alemor,a�ommrttee!Recom.merda;ions ono Aer.Steo; 8 April 4, 2023 6 CITY COUNCIL'S BRIEFING 5/31 MEMORIAL COMMITTEE—DESIGN FIRM RECOMMENDATION ITEM#74011 (Continued) Recommended Conceptual Design: Dills Architects with SWA The ripple effects of May 31, 2019 impacted families friends, i. loved ones,colleagues I' 11 k�« ', t communities,our city and our country.The process and path r I i r ,, r of healing and reflection is # ; different for everyone. Inside the memorial grounds, ' these varied paths allow the memorial to be experienced by '‘')'4,. visitors at their own pace,in their own time,and in their own , way,to heal,reflect,and to remember. ilk _ _ • 4 X., Aii-. op an 5/31 Memorial Committee/Recommendations and Neat Steps —11 Commissioner Kliewer turned the presentation over to Commissioner Reel to provide design details: The Entry , 'r' ,, -' 4 '' ` -.: Two granite walls pass each other r `� to form the threshold to the ^ ti. } . memorial grounds.The higher IC wall's stone joints reveal _s l� -* - timelines,lives marked in stone. s r`' l' _ . sit - ; These lines represent the twelve lifetimes of those lost,every foot 3/4 h Or of length being one year.The - r lines reflect the breadth of life and the span of public service. :r e r',cam, y ;�6- 'V<1.�• ap•• �` -. � _+ is' t'.iF r i— t i, -r .t Y ?`: .s f s I _ .. _ ---- 5/31 Memorial Committee/Recommendations and Neat Steps MI April 4, 2023 7 CITY COUNCIL'S BRIEFING 5/31 MEMORIAL COMMITTEE—DESIGN FIRM RECOMMENDATION ITEM#74011 (Continued) The Survivor's Grove After passing through the entry walls.one enters the Survivor's =: ir'7;, ''• '. - s'l Grove.Near the front wall.a bench �,,,. ,,. `'x" y,� '�'•fly ��+'J sits in wait,centered on a place ate , r. , ='+f. dedicated for the Homage Stones. `. i ......-..--4,,,--- �� So many individuals brought -4 ,;..» stones in homage for those lives f • .. - �" lost,stones in homage to the - <a `_ survivors.for each other,for those �;r•Of '3` '�`> that carry on in their absence. ,.. ,,, 10 t:, , r ' The Survivor s Grove is dedicated tom^ le : �� r" _�.. �-... to the direct survivors,the . m, colleagues,friends,families, - ``•- f -. :rY, communities.and for a city so 13r' 1 '4` greatly affected. 5/31 Memorial Committee/Recommendations and Next Steps ,. Commissioner Reel turned the presentation over to Commissioner Ricardo to provide design details on the "Hero Tree": The Hero Tree ,.-,. 'ft, 7' s. , A single tree stands as the tallest �, '''' �'• and largest in the woods.providing t, _ cover and protection for those .f > below. Pi t`' - � • The Hero Tree is dedicated to the r 411 "'— a t s -,t brave first responders who risked A r '' their livesfor theof i . r 1 ` safety others. . Y vN . 4r .. R z. sY' -._ y � ...A.44. sir-� r o'a',C:�^mines/Recom INt ons and NM Steps 12 April 4, 2023 8 CITY COUNCIL'S BRIEFING 5/31 MEMORIAL COMMITTEE—DESIGN FIRM RECOMMENDATION ITEM#74011 (Continued) Commissioner Ricardo turned the presentation over to Commissioner Kliewer to provide details on the remaining design elements: Winding Pathways/Reflecting Pool and The Memorial Glade .,., ;_: - The winding and interconnected pathways allow visitors to experience the memorial on a their own terms and at their own pace. These pathways and reflecting pool turn in �V!'Pi„# .,.j,- response to the large mature trees,their ., canopy and the natural clearing they create. The reflecting pool's path turns as it reaches a the edge of the woodland and becomes a -1,-,,_ room,the memorial space.Along the pool's *:: • •c, outer edge,the ground gives way and gently slopes down . h to , -, , . _, water at the pool's tothe edgepond isbelow now tall,T e afallingo veil f sound and sparkling light4 ''''• 1_ff„,,. , „.._ 1...:=_ _. ...., ite.,......., ait 5/31 Memorial Committee/Recommendations and Next Steps IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIITIIIIIIIIIIIIIIIII • Pathways and Water The pathways connect and gather X: , along the water's edge,the ' reflecting pool above,and with the sound and feel of falling water. - The presence of moving water,the , veil and sound of the falls,and the . immediacy of its touch,connects +— ".. -- each visitor to the memorial directly. � _ • t, 5/31 Memorial Committee/Recommendations and Next Steps 14 April 4, 2023 9 CITY COUNCIL'S BRIEFING 5/31 MEMORIAL COMMITTEE—DESIGN FIRM RECOMMENDATION ITEM#74011 (Continued) Inside the Memorial Glade and the Memorial Wall - r • The reflecting pool surrounds this ti* � space.Mature trees stand alongside � - benches following the arc of the wall. r_ x-, Here the falling water at the pool's edge f $•iiii finally gives way to stone.12 engraved 1.7.. 1 i stone names top the wall and line the a reflecting pool s edge. k: - - .moo Benches line the center of this space a""i7ra— and allow room for gathering,sitting with a loved one,or resting alongside a f ,:...t.....ztlit ji . friend lost. 'z Standing at the memorial wall,visitors II watch the reflecting pool water fall from its far edge,vanishing to the path below, visually joining the water of the reflecting pool and the pond beyond. 5/31 Memorial Committee/Recommendations and Next Steps 9. A short video of the conceptual design was played: Video from Dills Architects 1- r 4. r�.,- e+ .r .g o RA IS OF REFLECTIO `s` - K ': ' Sf ACES&PATH\I-:AN S OF tEt • - 'REMEMBRANCE, HEALING& ;(-' ' r E. --- Cfl -_MUN1TY ill, April 4, 2023 10 CITY COUNCIL'S BRIEFING 5/31 MEMORIAL COMMITTEE—DESIGN FIRM RECOMMENDATION ITEM#74011 (Continued) Ms. Labows provided the Potential Path Forward: Potential Path Forward Staff recommends a possible traditional design-bid-build path: • Design—At a date to be determined,City Council would make the final decision to select a design firm and such vote would authorize the City Manager to enter into a negotiation for a design contract to develop the construction drawings package based off of the design concept. • Design contracts usually run about 20%of total project costs.Design costs estimated to be approximately$1.2 million of preliminary estimated project costs of$5.8 million • Design process usually takes 12-18 months from design contract award which includes ongoing feedback from families and those directly affected by the tragedy,and continued refinement of the initial conceptual design. • Based on continuing feedback and more analysis,components of the design might be revised. • Bid—Once construction design drawings are approved by all reviewing agencies through the Planning Development Services Center,the project will be solicited for competitive bid.(6-9 months to bid and award) • Build—Awarded contractor will construct the memorial project per approved plans and specifications. (12-18 months to construct,provided there is minimal disruption in supply chain for materials,labor,etc.) 5/31 Memorial Committee/Recommendations and Next Steps 17 Discussion Potential next steps for Council consideration: • Authorize the City Manager to enter into a negotiation with Dills Architects for a design contract based on the conceptual design • Approve recommended memorial site at corner of Princess Anne Road and Nimmo Parkway 5/31 Memorial Committee%Recommendations and Next Steps 18 Mayor Dyer expressed his appreciation to Ms. Labows and the presenting 5/31 Committee Commissioners for the presentation. April 4, 2023 11 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) HEALTH DEPARTMENT ITEM#74012 12:42 P.M. Mayor Dyer welcomed Dr. Caitlin Pedati,District Director. Dr.Pedati expressed her appreciation to City Council for their continued support: FY 2023-24 Proposed Budget Caitlin Pedati MD,MPH,FAAP April 4,2023 laVirginia Beach DEPARTMENT OF Public Health Here is the Organization Summary: Organization Summary Diu ii a s ` . Number of Divisions Total FY 202 i 8.0 4 $3,913,005 April 4, 2023 12 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) HEALTH DEPARTMENT ITEM#74012 (Continued) FY 2023-24 Programmatic Budget PROPOSED Health Families,$327,324,8% Dental,$473,883,12% lab.$736,429.d9t pes Here is an overview of the Department Operating Budget: Department Operating Budget FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 - Amended FTE Proposed FTE Chan:`: Healthy Families $326,112 4.38 $327,324 4 $1,212 0.4% Dental $328,463 - $485,910 $157,447 47.9% Lab $93,860 - $136,829 2 $42,969 45.8% Senior Services/LTSS $91,336 - $128,822 2 $37,486 41.0% Local Match $2,762,836 - $2,834,120 $71,284 2.6% Maternity $202,941 2 $0 Total $3,805,548 6.38 $3,913,005 8 $107,457 2.8°.6 April 4, 2023 13 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) HEALTH DEPARTMENT ITEM#74012 (Continued) Here are the Major Changes&Initiatives: Major Changes & Initiatives • Healthy Families—Combine two part-time into one full-time position • Laboratory staff-requesting two FTEs • Title X • Dental program Initiatives Underway & Conclusion • COVID-19 • MPDX • Public Health Infrastructure grant • SDOH grant • Candida auris • School vaccinations • Concluding remarks Mayor Dyer expressed his appreciation to Dr. Pedati for the presentation. April 4, 2023 14 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) SHERIFF AND CORRECTIONS ITEM#74013 12:58 P.M. Mayor Dyer welcomed Kenneth Stolle, Sheriff. Sheriff Stolle expressed his appreciation to City Council for their continued support: Sheriff's Office FY 2023-24 Proposed Budget Sheriff Ken Stolle 4/4/23 A SNERIPp ?vitxo�p u 4 Here is the Organization Summary: Organization Summary Number of Divisions Total FY 2023-24 Budget 536.4 11 $62,985,254 vs April 4, 2023 15 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) SHERIFF AND CORRECTIONS ITEM#74013 (Continued) FY 2023-24 Programmatic Budget Wo rkto rce irxruete Support LETA 3% 5% 4% ItIrk Here is an overview of the Department Operating Budget: Department Operating Budget FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 Program Amended FTE Proposed FTE Change LETA $2,131,727 16.81 $2,505,541 16.81 $373,814 17.54% CareMart $491,812 8.44 $540,584 8.44 $48,772 9.92% Workforce $1,350,426 13.22 $1,651,531 13.22 $301,105 22.30% Inmate Support $3,207,895 40.80 $3,323,861 40.80 $115,966 3.62% Operations $50,527,384 456.72 $54,963,737}� 457.13 $4,436,353 8.78% I"'I ' 7otul $57,709,2 535.99 ' 'M 536.40 $5,276,010 - April 4, 2023 16 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) SHERIFF AND CORRECTIONS ITEM#74013 (Continued) Here are Major Changes&Initiatives: Major Changes & Initiatives • Aging Facility • Inflationary Medical Costs • Reduced Judicial Fines/Fees Collection Initiatives Underway & Conclusion • Recruitment Efforts to Reduce Vacancies Mayor Dyer expressed his appreciation to Sheriff Stolle for the presentation. April 4, 2023 17 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) COMMONWEALTH'S ATTORNEY ITEM#74014 1:16 P.M. Mayor Dyer welcomed Colin Stolle, Commonwealth's Attorney. Mr. Stolle expressed his appreciation to City Council for their continued support: FY 2023-24 Proposed Budget Colin D.Stolle,Commonwealth's Attorney April 4,2023 4R CITY OF VIRGINIA BEACH 11 Commonwealth's Attorney Here is the Organization Summary: Organization Summary AMA Number of Divisions Total FY 2023-24=r '_ 120.83 3 $13,016,523 April 4, 2023 18 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) COMMONWEALTH'S ATTORNEY ITEM#74014 (Continued) FY 2023-24 Programmatic Budget PROPOSED General Fund,$12,278,995, 94% • - ,im Witness,$637,528, 5% Forfeited Assets,$100,000, 1% 1111111. 1111111111.1111111.1.11 Here is an overview of the Department Operating Budget: Department Operating Budget FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 Change Amended FTE Proposed FTE (100)General Fund Support: OCA General Fund $1O$45,749 97.91 $12,278,995 110.91 $1,433,246 13.21% (270)Consolidated Grants: Victim Witness Grant $765,897 10.92 $637,528 9.92 $(128,369) -16,76% Forfeited Assets $100,000 $100,000 - - - Total $11,711,646 108.83 $13,016,523 120.83 $1,304,877 11.14% April 4, 2023 19 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) COMMONWEALTH'S A TTORNE Y ITEM#74014 (Continued) Here are Major Changes&Initiatives: Major Changes & Initiatives Implementation of VBPD Body-Worn Cameras and in-car cameras increased the workload for CWA attorneys and support staff; Potential implementation of Body-Worn Cameras by VBSO is expected to increase the workload for CWA Attorneys and support staff as well. Changes to Virginia's jury sentencing process and discovery rules substantially increased workload for attorneys and paralegals in trial preparation and time in court. The Compensation Board of the Commonwealth of Virginia contracted with the National Center for State Courts to perform a comprehensive time study of the duties and responsibilities of all Commonwealth's Attorney Offices across the state.The study will help the Compensation Board and the Virginia Association of Commonwealth's Attorneys recommend an allocation of resources based on specific metrics.At this time,it is too early to determine how the study may impact Virginia Beach as the results of the study have not been finalized. Working with the Virginia Beach Circuit Court,the Office of the Commonwealth's Attorney administers the Virginia Beach Drug Treatment Court,which is an alternative sentencing court related to adult drug offenders. Collectively, we are working to add additional specialty courts to include a Veteran's Court and a Juvenile Drug Court.These would also be non-traditional methods of resolving offenses aside from normal criminal proceedings. Initiatives Underway Streamlining the retrieval of BWCs from the VBPD. Working with the VBPD on a process to receive digital files so that we can move closer to a digital office. Ongoing project to scan major criminal case files,to save on physical space and assist in the easier retrievals of files. Participating in the statewide study to analyze the workload of Commonwealth's Attorneys across the Commonwealth. Continuing to utilize technology to save time and money,and increase efficiency. Mayor Dyer expressed his appreciation to Mr. Stolle for the presentation. April 4, 2023 20 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) CLERK OF THE CIRCUIT COURT ITEM#74015 1:34 P.M. Mayor Dyer welcomed Tina Sinnen, Circuit Court Clerk. Mrs. Sinnen expressed her appreciation to City Council for their continued support. FY 2023-24 Proposed Budget TINA E.SINNEN,CLERK Va. Beach Circuit Court April 4,2023 VA CITY OF VIRGINIA BEACH Courts Here is the Organization Summary: Organization Summary Number of Divisions Total FY 2023-24 Bu 52 State Funded/5 City Funded I 5 $4,969,858 April 4, 2023 21 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) CLERK OF THE CIRCUIT COURT ITEM#74015 (Continued) PROPOSED RiakManagerr,vet Contracted Supplies &Phones Manpower 2% 12%_. 1% Fully City Funded_ FTE's&Taxes/ Benefits ,... 6% FY 2023-24 Clerk's Office Budget - -- - State Funded FTEs& Taxes/Benefits• 79% •$2,444,056 in revenue from the State Compensation Board offsets this expense Here is an overview of the Department Operating Budget: Department Operating Budget FY 2023 24 FY 2023-24 -.. ..,.�; Proposed State Funded FTEs&Taxes/Benefits* 52 53,927,857 Fully City Funded FTE's&Taxes/Benefits 5 $282,353 General Operating Expenses n/a Risk Management&Phones n/a $628,572 Contracted Manpower n/a $35,000 Miscellaneous Supplies n/a S96,076 Total 5 7 $4,969,858 *$2,444,056 in revenue from the State Compensation Board offsets this expense April 4, 2023 22 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) CLERK OF THE CIRCUIT COURT ITEM#74015 (Continued) Here are Major Changes&Initiatives: Major Changes & Initiatives • We are carefully watching the real estate trends as our numbers for recording documents in land records have hit an all time low. • We continue to enhance technology in our office to make our services more accessible to the citizens of Virginia Beach (i.e. EfileVA for filing civil and criminal documents electronically,on-line Concealed Carry Permits,etc.). Initiatives Underway & Conclusion • Continued restoration and preservation of old historic books • Always striving to keep current and explore new, common sense, affordable technology to enhance and better the services offered in the Circuit Court Clerk's Office(i.e. Fraud alerts with regard to property). Mayor Dyer expressed his appreciation to Mrs. Sinnen for the presentation. April 4, 2023 23 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) JUVENILE PROBATION ITEM#74016 1:50 P.M. Mayor Dyer welcomed Gregory D. Smith, Court Service Director. Mr. Smith expressed his appreciation to City Council for their continued support: FY 2023-24 Proposed Budget Gregory D.Smith,Court Service Director April 4,2023 \•!i 144; Here is the Organization Summary: Organization Summary 4.00 1 $1,475,707 (with one vacancy) April 4, 2023 24 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) JUVENILE PROBATION ITEM#74016 (Continued) FY 2023-24 Programmatic Budget PROPOSED Salaries and Benefits, $306,795,21% General Operating, $1,168,912,79%-Majority of the funding goes towards Court Services Here is an overview of the Department Operating Budget: Department Operating Budget FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 Change r. .. I Proposed Salaries&Benefits $239,878 4 $306,795 4 $66,917 27.9% General Operation $1,179,644 - $1,168,912 - ($10,732) -0.90% Total $1,419,522 4 $1,475,707 4 $56,185 3.95% April 4, 2023 25 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) JUVENILE PROBATION ITEM#74016 (Continued) Here are Major Changes&Initiatives: Major Changes & Initiatives • Interviews have concluded for the Family Services Specialist II position. This position had been reclassified to Juvenile Probation Officer; however, there is a need to classify the position back to FSS II.The FSS II position is needed to provide more quality assurance and oversight on placements/services for court-involved youth. This position should be filled by May 15,2023. • Effective work by the FSS II will allow for cost-savings by decreasing extended periods in out-of-home placements and promoting vendor accountability in service provision. • There will be an expected increase in spending for pre/post dispositional services as one facility(Crisis Home)which was closed for the majority of the current fiscal year is scheduled to reopen in the next 30 days. 11 Initiatives Underway & Conclusion • Juvenile Probation is involved in a collaborative Restorative Justice Program (RJP)with the Virginia Beach Police Department and Virginia Beach Public School. Three staff members received restorative justice training to provide services to pre-arrest cases referred by the VB Police Department. • Juvenile Probation has formed a new unit, Reduce Court Involvement for Families(RCIF)which will promote early intervention with family-related matters referred to juvenile intake to decrease the likelihood of prolonged involvement in the court process. • Timely service implementation coupled with utilization review will balance effective interventions for youth/families and sound fiscal management. Mayor Dyer expressed his appreciation to Mr. Smith for the presentation. April 4, 2023 26 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) MAGISTRATE ITEM#74017 1:53 P.M. Mayor Dyer welcomed Thomas Cahill, Magistrate Regional Supervisor and Andrew Truitt, Chief Magistrate. Mr. Cahill expressed his appreciation to City Council for their continued support: FY 2023-24 Proposed Budget Magistrate Regional Supervisor Thomas Cahill Chief Magistrate Andrew Truitt April 4,2023 Virginia Beach Magistrate Office Second Judicial District Here is the Organization Summary: Organization Summary • Magistrates Are Appointed By the Executive Secretary of the Supreme Court of Virginia • Virginia Beach Magistrate Office Has 20 Full-Time Magistrates Plus a Chief Magistrate Open 24 Hours Per Day,365 Days Per Year Primary Office at the City Jail,Satellite Office at 2nd Precinct April 4, 2023 27 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) MAGISTRATE ITEM#74017 (Continued) Here are the Magistrate Responsibilities: Magistrate Responsibilities • Magistrates Have Statutory Authority to: o Issue Arrest Warrants and Summonses oConduct Bail Hearings and Grant or Deny Bail o Issue Emergency Protective Orders o Issue Search Warrants o Issue Mental Health Emergency Custody&Temporary Detention Orders o Issue Emergency Medical Treatment Orders o Issue Emergency Substantial Risk(Firearms)Orders o Perform Other Acts Authorized By Law Here is a summary of Magistrate Office Funding: Magistrate Office Funding • Salaries,Computer Equipment,and Consumable Office Supplies Provided By the Office of the Executive Secretary $1.4 Million for FY21-22 • Under§ 19.2-48.1 of the Code of Virginia, Each Locality Must Provide"Quarters"for Magistrates and Furniture/Equipment Necessary for Efficient Operation of the Office. Equipment and Non-Consumable Supplies(Chairs,Fax Machines,Etc.)Must Be Purchased with Local Funds • Magistrates Hired Before July 1, 2008 Eligible for Local Salary Supplements Only Four Magistrates Eligible for$5,000 Annual Supplement April 4, 2023 28 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) MAGISTRATE ITEM#74017 (Continued) FY 2023-24 Programmatic Budget • Proposed FY 2023-24 Budget Provides for: c$22,295 in Personnel Costs(Salary Supplements&FICA) c$26,278 in Operating Expenses ■ $21,222 for Supplies/Equipment • Proposed Amount Is Adequate to Meet Expected Needs Magistrate Office Renovation Project • Modifications Critically Needed to Enhance Office Safety& Security c Renovation Plan Developed in 2019 But Put on Hold • Revised Proposal Recently Developed and Under Review Incorporates Lessons Learned from Increased Use of Video During COVID • Thank Assistant City Manager Monica Croskey Chaparro&Other Members of the City Manager's Staff for Moving the Process Forward Mayor Dyer expressed his appreciation to Mr. Cahill and Mr. Truitt for the presentation. April 4, 2023 29 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY COMMUNICATION AND CITIZEN SERVICES(ECCS) ITEM#74018 2:01 P.M. Mayor Dyer welcomed Jada Lee, Director. Ms. Lee expressed her appreciation to City Council for their continued support: FY 2023-24 Proposed Budget Jada Lee April 4,2023 CITY OF VIRGINIA BEACH Emergency Communications &Citizen Services Here is the Organization Summary: Organization Summary Number of Divisions Total FY 2023-24 Budget 132.75 5 $12,041,822 April 4, 2023 30 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY COMMUNICATION AND CITIZEN SERVICES (ECCS) ITEM#74018 (Continued) FY 2023-24 Programmatic Budget Tecnnoic„5,,uppc,r: Administration,$912,366, Traininf,$101,205,1Y_ $1,127,302,9% 7% V8311,$1,037,414,9%• V8911,$8,863,535,74% Here is an overview of the Department Operating Budget. Department Operating Budget FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 Program Amended FTE Proposed FTE Change Administration $860,202 6.75 $912,366 6.75 $52,164 5.89% VB911 $8,702,225 101 $8,863,535 101 $193,621 1.83% VB311 $976,217 18 $1,037,414 18 $61,197 6.08% Training $101,067 0 $101,205 0 $138 0.14% Technology&Support $1,074,881 7 $1,127,302 7 $52,422 4.76% Total $11,714,592 132.75 $12,041,822 132.75 $327,230 2.75% April 4, 2023 31 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY COMMUNICATION AND CITIZEN SERVICES(ECCS) ITEM#74018 (Continued) Here are Major Changes&Initiatives: Major Changes & Initiatives • Deployment of Next Generation 9-1-1 (ESlnet) • Replace Legacy Infrastructure with IP-based technology • Target deployment date of ESlnet by July, 1,2023 • Motorola Vesta Software Upgrade • Distributes incoming emergency and non-emergency calls • Command Post mobile call-taking Initiatives Underway & Conclusion • Recruitment and Retention Program—Launched December 2021 • Sign on bonuses up to$5,000&Quarterly Appreciation Bonuses • ECCS Vacancies Don March 2023 March 2022 Public Safety Emergency Telecommunicator 8 25 Master Public Safety Emergency Telecommunicator 4 7 911-Operations Supervisor 1 3 Call Taker I,II,III 1 6 Administrative Technician 0 1 Total 14 42 Mayor Dyer expressed his appreciation to Ms. Lee for the presentation. April 4, 2023 32 CITY MANAGER'S BRIEFINGS FY2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDIAL SERVICES(EMS) ITEM#74019 2:18 P.M. Mayor Dyer welcomed Bruce Nedelka, Interim Chief Chief Nedelka expressed his appreciation to City Council for their continued support: FY 2023-24 Proposed Budget Bruce Nedelka,Interim Chief April 4,2023 !tom C vs,CloA.8Eo,.• Emergency Medical Services Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY 2023-24 Budget 165.12 7 $22,325,307 7 Divisions , 165.12 Career FTEs(including proposed FY24) Emergency Response(Field Operations) 275-305 Certified volunteers(active)staffing* Emergency Services(Logistics,Procurement) Training(Volunteer&Career Training,CE,Accreditation) ambulances(equivalent to 63.3 FTEs) Administration Services(Career HR,Onboarding,Prof.Development) - 210 Volunteers in other roles Volunteer Services(Volunteer HR,RSAF Grants,Loans,RS Vehicles, Volunteer Prof.Development) • 185 Volunteers in the student/intern pipeline • Marine&Lifeguard Operations(Marine medics,Sandbridge Lifeguards) •staffing Data Snapshot as of March 6,2023 Performance Management(CQI for Volunteers/Career/FD,Data Analysis) April 4, 2023 33 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDIAL SERVICES(EMS) ITEM#74019 (Continued) FY 2023-24 Programmatic Budget Training Learning Emergency Responx and Development Marine Patrol „63% Personnel System 4g% 2% Emergency Services 19% _ Administrrtior 4% Total proposed budget: $22,325,307 General Operating Contracted Lifeguard Passthrough: ($2,023,7281 12.4%of Expenses •Rescue Council Passthrough: ($700,000) —total Business Center Grans 11% prop •Special Event Passthrough to RS: ($55,000) _ osedet 4% 2% budg Non-Passthrough Budget: $19,546,579 Q Here is an overview of the Department Operating Budget: Department Operating Budget FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 Variance Program Amended FTE Proposed FTE from FY 23 Business Center $717,188 5 $722,363 5 $5,175 0.7% Emergency Response System $9,056,719 81 $11,693,841 117 $2,637,122 29.1% Training,Learning, $1,315,797 11 $1,328,531 12 $12,734 1.0% and Development Marine Patrol $598,305 11.05 $623,328 11.62 $25,023 4.2% Personnel $412,531 5 $414,862 5 $2,331 0.6% Emergency Services $3,678,960 6 $2,342,456 6 (51,336,5041 -36.3% Program Administration $765,956 5.5 $721,119 5.5 (544,837) -5.9%f Relocation General Operating $1,984,129 - $4,103,806 3 $2,119,677 106.8% Expenses Grants $375,000 - $375,000 - Total Proposed Budget $18,904,585 124.55 $22,325,307 165.12 $3,420,722 18.1% 0 April 4, 2023 34 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDIAL SERVICES(EMS) ITEM#74019 (Continued) Currently, there is one(1)ambulance for approximately 4,849 calls for service: Major Issue: Ambulance Staffing • Currently: 1 ambulance for roughly 4,849 CFS • Our Goal is 1 Ambulance for Every 3,000 CFS1 • CFS growth,COVID, Economy&Service Demands have taken a toll on Staffing • Decline in Volunteers:workforce has not kept pace with call growth(loss of 161 active Vol. AICs) • Pool of Available Certified Paramedics is Shrinking • Proposed Addition of 20 Advanced-EMTs • Response Times Increasing for Ambulance Arrival • Priority-1 CFS=<12 min met only 55%at 90th Percentile • Priority-2 CFS=<15 min met only 58%at 90th Percentile • Ambulance Not Immediately Available at the Moment of Dispatch • 10.2%of CFS in 2022 'Cincinnati,OH Analysis,TriData Corp,September 2005 • Here are the Initiatives to Address Staffing: Initiatives To Address Staffing • Requesting 10 Paramedics, 20 Advanced EMTs,8 Captains in FY24 Budget • Requesting a full-time Recruiter in FY24 Budget • Continue Building Strong Collaboration with our Stakeholders • Support the Rescue Squad Foundation's VBRescue Marketing Campaign • Added more EMT Classes—including a Saturday class • Added and Graduated an Advanced-EMT Class • Conducted 4 New Career Medic Academies • Refined Admissions Process/Removed Barriers April 4, 2023 35 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDIAL SERVICES(EMS) ITEM#74019 (Continued) Here are Major Changes&Initiatives: Major Changes & Initiatives • Personnel changes at every level in 2022 • Burton Station Fire& EMS location • More EMT Academies added—including Saturday classes • Whole Blood Program • Expansion of the Duty Physician program • MIH/CIT • First Advanced-EMT Academy • Supporting Rescue Council's Ambassador Program • Conducted four New Medic Academies 0 Questions? O. Mayor Dyer expressed his appreciation to Chief Nedelka for the presentation. April 4, 2023 36 CITY MANAGER'S BRIEFINGS FY2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#74020 2:43 P.M. Mayor Dyer welcomed Kenneth Pravetz, Chief Chief Pravetz expressed his appreciation to City Council for their continued support. FY 2023-24 Proposed Budget Fire Chief Ken Pravetz April 4,2023 VB CITY OF VIRGINIA BEACH Fire -done Department Here is the Organization Summary: Organization Summary Number of Divisions $ Total FY 2023-24 Budget 561.23 4 $73,077,888 April 4, 2023 37 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#74020 (Continued) FY 2023-24 Programmatic Budget PROPOSED Federal FEMA $661,295 1% State Aid to Localities $1,848,423 2% General Fund Operating $70,568,170 97% Here is an overview of the Department Operating Budget: Department Operating Budget fY 2022-23 1FY 2022-23 FY 2023-24 FY 2023-24 • Change Amended FTE Proposed FTE Administration 3,544,249 23.70 3,280,403 24.10 -263.846 -7.44% Training,Learning,and Development 1,785,126 16.00 1,904,496 14.0 119,370 6.69% Operations 61,268,708 479.30 61,385,024 484.40 116,316 0.19% Fire Prevention Bureau 3,910,807 34.63 3,998,247 34.63 87,440 2.24% General Fund Subtotal 70,508,890 553.63 70,568,170 557.13 59,280 0.08% Aid to Localities Grant Funding 1,774,382 1 00 1,848,423 1.00 74,041 4-17% FEMA Grant Funding 606,000 3.60 661,295 3.10 55,295 9.12% Grant Fund Subtotal 2,380,382 4.60 2,509,718 4.10 129,336 5.43% Total 72,8.69,272 558.23 73,077,888 561.23 188,616 0.26% April 4, 2023 38 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#74020 (Continued) The next few slides provide Major Changes&Initiatives: Major Changes & Initiatives Cancer Screening • Preventive Cancer Screening t _ ' ,,,,./ ... ilops t `ate?. - _....s.. y: - - - - 4 - Major Changes & Initiatives Battalion Accountability and Safety ill : , A — = 4111h, -4.-- _______________ lit , A \ ' 1'? '.- .-7'' '.- jit....... ... ..,+. > April 4, 2023 39 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#74020 (Continued) Major Changes & Initiatives Planning/Research VBFD Unit Rcsyanses,to Cabs for Service 1 • •u.Mw..a, Eyn - 13 *me LIT IA .e4t7 1143.4 C• Ywv.s^+ Wn { OM 4 a'Y�'+ iNG .M. a! a�ie.W Ga..a RC fEIU Ieft 1wf.Y-tl ' at01 Kf 14 Initiatives Underway & Conclusion • Staffing,we have been working very hard to fill our vacancies • Will be conducting a staffing study • Psychological services • First responder health and safety we need to make significant investment in this area ,7 -'F" . ...ri .( ,.-jars 10 Mayor Dyer expressed his appreciation to Chief Pravetz for the presentation. April 4, 2023 40 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#74021 3:02 P.M. Mayor Dyer welcomed Chief Paul Neudigate. Chief Neudigate expressed his appreciation to City Council for their continued support: FY 2023-24 Proposed Budget Paul W.Neudigate,Police Chief April 4,2023 vsPolice .mtwe Department Here is the Organization Summary: Organization Summary 41 Number of Divisions Total FY 2023-24 Budget 1068.15 5 $122,563,672 April 4, 2023 41 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#74021 (Continued) FY 2023-24 Programmatic Budget PROPOSED Director's Office, $6,556,979,5% Administration,$11,135,983,9% Support,$7,124,872,6% 'i :,,.,estig4bn%$22,741,785,19% Here is an overview of the Police Department Operating Budget: Police Department Operating Budget FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 43 Amended FTE Proposed FTE Change Director's Office $3,606,410 1 3 $6,556,979 14 $2,950,569 81.81% Administration $13,086,193 128.72 $11,135,983 109.72 ($1,950,210) -14.90% Support $7,256,245 73.55 $7,124,872 78.8 ($131,373) -1.81% Investigation $20,401,374 175.2 $22,741,785 1 96.1 0 $2,340,411 11.47% Uniform Patrol $73,451,548 660.43 $75,004,053 669.53 $1,552,505 2.11% Total $117,801,770 1,050.90 $122,563,672 1,068.15 $4,761,902 4.04% April 4, 2023 42 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#74021 (Continued) The next few slides provide Major Changes&Initiatives: Major Changes & Initiatives Police Executive Research Forum Policy Examination The Police Department goal is improved service delivery through continual review and analysis of our policies and procedures.In furtherance of this goal,we have contracted with the Police Executive Research Foundation for a comprehensive review of our highest liability policies,to include Use of Force,Vehicle Pursuit,Police K9,and BWC.A final report with recommendations is expected in mid-April. Recruitment,Staffing,and Reclassification Efforts Over the last year,the Police Department has seen positive gains in the recruitment and hiring of its sworn workforce. Added efficiencies within the hiring process,an influx of certified lateral transfers,and targeted marketing campaigns have each contributed to reducing our total sworn vacancies.The Proposed Budget adds 11 Sworn Officers,two FOIA unit staff,and two Forensic Mobile Technicians. In FY 2021-22,the VBPD established the Cadet Program which added 6.7 FTEs which offers an opportunity to prepare for the Police Academy for potential recruits who would be too young to join the department. Major Changes and Initiatives cont. Officer Wellness Law enforcement officers are experiencing higher levels of stress which negatively affects their mental and physical wellness.The department's health and wellbeing remain a high priority.As a critical piece to the VBPD's success, access to a wide variety of services and resources is being provided to ensure physical,emotional,and mental health. Examples include enhanced Peer Support resources, utilization of the Lighthouse App, on-sight availability of professional counselors,and implementation of the Park Bench Program. Real Time Crime Center The Police Department will move into a new Headquarters facility in Fall 2023.The 90,000+square foot building will house the First Precinct,Detective Bureau,Central Records and Citizen Services,Property and Evidence,Internal Affairs,and Police Administration.In addition to these core department functions,a new,24/7 Real Time Crime Center will begin operations when staff transitions into a dedicated space within the building.When staffed,this 24- hour monitoring and analysis center will greatly enhance the Department's rapid response capability and allow for the integration of real time data inputs from multiple sources such as ShotSpotter,BrassTrax/NIBN,Automated License Plate Readers,the citywide camera system,and social network analysis.We are in the process of hiring analysts, building out processes and engaging in software acquisition projects. April 4, 2023 43 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#74021 (Continued) Major Changes and Initiatives cont. Off Duty Detail Research Project VBPD has concerns regarding the balance between on-duty and off-duty hours worked by our officers.While efforts have been made to regulate the number of off-duty hours an employee can work in a two-week period,there are several concerns that still prevail to include increased leave use, fatigue-related performance failures and the potential for off-duty injury and equipment damage.Our Planning and Research Unit is working to develop an online, application based program to coordinate and monitor part-time,off-duty work.The RFP process to acquire this type of program has been initiated. Mayor Dyer expressed his appreciation to Chief Neudigate for the presentation. April 4, 2023 44 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MANAGEMENT ITEM#74022 3:11 P.M. Mayor Dyer welcomed David Topczynski, Director. Mr. Topczynski expressed his appreciation to City Council for their continued support: FY 2023-24 Proposed Budget David Topczynski 04/04/2023 jr, I CITY OF VIRGINIA BEACH Emergency �� Management Here is the Organization Summary: Organization Summary Nu,, of Divisions Total FY 2023- •Bu. 13.00 2 $1,673,251 Response& Recovery Deputy EM Emergency Coordinator Preparedness Natural Hazard Director/EM Mitiption Coordinator Infrastructure Security Deputy Security -- Coordinator Enterprise Security April 4, 2023 45 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MANAGEMENT ITEM#74022 (Continued) FY 2023-24 Programmatic Budget PROPOSED General Operating, $713,721,43% Security,$959,530,57% Here is an overview of the Department Operating Budget: Department Operating Budget Program FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 Chan Amended FTE Proposed FTE B.' Security Program $366,947 3 $959,530 6 $592,583 161 49% General Operations $739,019 7 $713,721 7 ($25,298) -3 42% General Fund Total $1,105,966 10 $1,673,251 13 $567,285 51.29% April 4, 2023 46 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MANAGEMENT ITEM#74022 (Continued) Here are Major Changes&Initiatives: Major Changes & Initiatives • Security Division Growth& Development • 3 FTE's(6 part time staff)to enhance security services at City Hall • Allied Security contract funding moved to operating budget from CIP • Technology Enhancements • Working with IT to modernize our technology to improve operational and incident management capabilities • Deploy an single,enterprise wide solution to connect daily activities, emergency operations,monitoring,and information sharing • Building Resiliency • Coordinating public safety&contingency planning for large special events • Growing partnerships with US Navy,community,and businesses to support response&recovery • Reviewing&updating critical emergency plans while enhancing training& exercise Initiatives Underway & Conclusion • Results... • 15-Exercises conducted that included 5 or more departments • 20—Community presentations/engagements • 82—Workplace presentations • 25—Threat/hazard assessments conducted • 36—Site security incidents supported • 7—Emergency Operations Center(EOC)activations • 1—CERT academy(8 weeks) • 9—Invitations to present at state or national conferences • Continue to grow as leader in the state and the nation because of your continued support Mayor Dyer expressed his appreciation to Mr. Topczynski for the presentation. April 4, 2023 47 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) CONVENTION& VISITOR'S BUREAU/RESORT MANAGEMENT OFFICE ITEM#74023 3:22 P.M. Mayor Dyer welcomed Nancy Helman, Director. Ms. Helman expressed her appreciation to City Council for their continued support: FY 2023-24 Proposed Budget Nancy Heiman,Director April 4,2023 VEI Convention & Visitors Bureau Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY 2023-24 Budget 119.28 8 $38,927,736 April 4, 2023 48 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) CONVENTION& VISITOR'S B UREA U/RESORT MANAGEMENT OFFICE ITEM#74023 (Continued) FY 2023-24 Programmatic Budget Resort Management Office Marketing& 29% Communications,29% -- - Transfer/Reserves, D% Visitor Information Centers 1% Convention Center Tourism Marketing&Sales 18% 3% Director's Office Convention Marketing,Sales 8% Sports Marketing &Services,6% 6% The next three (3)slides provide an overview of the Department Operating Budget: Department Operating Budget General Fund FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 Program Amended FTE Proposed FTE Change Convention Center $7,112,065 5919 $7,317,343 58.89 $205,278 2.89°6 Convention Marketing,Sales and Services $1,052,574 10 $948,993 8 ($103,581) -9.84% Director's Office $1,535,000 12 $1,488,555 12 Marketing&Communications $28,093 - $26,702 - ($1,391) -4.95% Resort Management - - $151,010 2 $151,010 - Sports Marketing $626,763 6 $700,263 7 $73,500 11.73% Tourism Marketing&Sales 5489,452 4 $461,148 4 ($28,304) -5.78% Total S10,843,947 91.89 $11,094,015 91.89 S250,067 2.31% ...E,:.- April 4, 2023 49 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) CONVENTION& VISITOR'S BUREAU/RESORT MANAGEMENT OFFICE ITEM#74023 (Continued) Department Operating Budget Tourism Advertising Programs(TAP Fund) Pro ram FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24 g Amended FTE I Proposed FTE Change Convention Marketing,Sales and Services $1,183,207 - $1,188,312 - $5,105 0.4% Director's Office 5654,356 - $1,274,284 1 $619,928 94.7% Marketing&Communications $11,635,107 11 $11,068,206 11 ($566,901) 4.9% Sports Marketing $1,245,407 - $1,250,781 - $5,374 0.4% Tourism Marketing&Sales $695,203 - $698,203 - $3,000 0.4% Visitor Information Center $534,837 6.39 $537,144 5.39 $2,307 0.4% Transfers&Reserves $76,134 - $94,903 - $18,769 24.7% Total $16,024,251 17.39 $16,111,833 17.39 $87,582 0.5% Department Operating Budget Tourism Investment Programs(TIP Fund) FY 2022-23 FY 2022-23 FY 2023-24 1 FY 2023-24 Program Amended FTE Proposed FTE Change Marketing&Communications $483,408 - $522,515 - $39,107 8.1% Resort Management $11,591,734 10 $11,199,373 10 ($392,360) (3.4%) Total $12,075,142 10 $11,721,889 10 ($353,253) (2.9%) April 4, 2023 50 CITY MANAGER'S BRIEFINGS FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) CONVENTION& VISITOR'S B UREA U/RESORT MANAGEMENT OFFICE ITEM#74023 (Continued) Here are Major Changes&Initiatives: Major Changes & Initiatives • Tourism throughout Pandemic • Tourism Post-Pandemic • Looking Ahead • Sports Center Mayor Dyer expressed his appreciation to Ms. Helman for the presentation. April 4, 2023 51 CITY COUNCIL LIAISON REPORTS ITEM#74024 3:25 P.M. Council Member Henley advised the 2023 North Landing River/Albemarle Sound Estuarine Symposium was held on March 31 S` and had approximately 150 attendees. Council Member Henley expressed her appreciation to City staff and Dr.Daniel McLaughlin from Virginia Tech's Department of Forest Resources and Environmental Conservation,for providing a significant amount of scientific data to assist the City in going forward. April 4, 2023 52 CITY COUNCIL LIAISON REPORTS ITEM#74025 (Continued) Council Member Henley advised last week the Open Space Advisory Committee(OSAC)and Green Ribbon Committee(GRC)held a joint meeting to discuss the Open Space Program and the need to develop criteria for purchasing open space. Council Member Henley referenced Dr. Daniel McLaughlin's presentation provided for the 2023 North Landing River/Albemarle Sound Estuarine Symposium and advised he can look at a quadrant of land and determine how much flooding can be reduced through the trees evapotranspiration process which would be helpful in determining the value of open space. Council Member Henley believes the expertise both Committee's have will be beneficial going forward. April 4, 2023 53 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74026 3:26P. M. Council Member Berlucchi advised on March 30Ih, students from Landstown Middle School's 8`1' grade Civic Classes visited City Hall for an interactive and immersive learning experience as they participated in a mock City Council Meeting organized by their teacher, Mr. Gouk and City staff. Council Member Berlucchi advised students participating as Council Members, elected a Vice Mayor, took public comments from other students and voted on issues the Body is currently discussing. Council Member Berlucchi expressed his appreciation to Council Member Rouse for attending with him to speak to the students and to City Manager Duhaney and Nancy Bloom who organized the event. Council Member Berlucchi advised there will be another event this Friday with the rest of the Civic Class students. Council Member Rouse advised she thought the students were coming for a tour and was proud to see how involved the students were. Council Member Rouse expressed her appreciation to all of the City staff and teachers who organized the event. April 4, 2023 54 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74027 (Continued) Council Member Rouse advised she attended College Park Elementary's College Career Day event and expressed her appreciation to Monika Kopin for providing City materials to display as she spoke to the students. April 4, 2023 55 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74028 (Continued) Council Member Ross-Hammond advised on March 24`", she and Mayor Dyer attended the Ribbon Cutting Ceremony for the Bamboo Smoothie Shop in District 4 and then went to the Chesapeake State of the City Address. Council Member Ross-Hammond advised Council Member Remick also attended and believes it is important for the Body to support the leadership from surrounding cities. April 4, 2023 56 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74029 (Continued) Council Member Remick advised he attended the last public engagement event for the election system and looks forward to the next phase of this initiative in gathering survey submissions. April 4, 2023 57 AGENDA REVIEW SESSION ITEM#74030 3:50 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Sections 21-353 and 21-354 re Residential Parking Permit (RPP)Program (Requested by Council Members Berlucchi, Remick, Schulman, and Taylor) 2. Ordinance to EXTEND the Sunset Date to April 5, 2026 re Residential Parking Permit(RPP) in the Historic Cavalier Shores Neighborhood (Requested by Council Members Berlucchi, Remick, Schulman, and Taylor) 3. Resolution to REVISE the public briefing cadence re Flood Prevention Bond Referendum Oversight Board(Requested by the Flood Prevention Bond Referendum Oversight Board) 4. Ordinance to ADOPT the City of Virginia Beach's Electric Vehicle Charging Plan re assist City efforts to obtain grants and federal funding for electric vehicle charging stations 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia Beach School Board re use of school buses during Something in the Water Festival and APPROPRIATE $350,000 in estimated reimbursements 6. Ordinance to ACCEPT and APPROPRIATE$30,000 from the Virginia Department of Behavioral Health and Development Services(DBHDS)to the FY2022-23 Human Services Operating Budget re funding for the System Transformation Excellence and Performance(STEP-VA)Program 7. Ordinance to ACCEPT and APPROPRIATE $22,500 from the Virginia Department of Social Services to the FY2022-23 Human Services Operating Budget re Adult Protective Services Department 8. Ordinance to TRANSFER $225,416 from the General Fund Vacancy Savings to the FY2022-23 Virginia Beach Department of Public Health re meet the City's required contributions to the Local Government Agreement I. ORDINANCES/RESOLUTION: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBERS HENLEYAND TAYLOR WILL VOTE NAY ON ITEM#3 ITEM#5 WILL BE CONSIDERED SEPARATELY April 4, 2023 58 AGENDA REVIEW SESSION ITEM#74030 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY/CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & YCH, LLC for a Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road and Tournament Drive DISTRICT 2(Formerly District 7—Princess Anne) 2. KEMPES VILLAGE TWO, LLC for a Modification of Conditions to a Conditional Use Permit re revise site layout and allow up to 186 multi family units resulting in a density of 18.6 units per acre at the intersection of Oakmears Crest and Princess Anne Road DISTRICT 3 (Formerly District 2— Kempsville) 3. AS-SXM,LLC for a Conditional Use Permit re short term rental at 1800 Baltic Avenue DISTRICT 6(Formerly District 6—Beach) 4. PRODANMANAGEMENT GROUP,LLCfor a Conditional Use Permit re short term rental at 503 18`"Street DISTRICT 6(Formerly District 6—Beach) 5. DUY VU/DAVISVILLE PROPERTIES,LLCfor a Conditional Use Permit re tattoo parlor at 737 First Colonial Road, Unit 212 DISTRICT 6(Formerly District 6—Beach) 6. ELIZABETH DARLING/PROCOPIS JOHN DAMALAS FAMILY, LLC for a Conditional Use Permit re tattoo parlor at 1776 Laskin Road, Suite 104 DISTRICT 6(Formerly District 6—Beach) 7. JIHYEON SON/SCI L YNNHA VEN FUND,LLC for a Conditional Use Permit re tattoo parlor at 2077 Lynnhaven Parkway, Suite 103 DISTRICT 7(Formerly District 3—Rose Hall) 8. OANHKHAU/SAM CAPE HENRY PLAZA,LLCfor a Conditional Use Permit re tattoo parlor at 2817 Shore Drive, Suite 112 DISTRICT 8(Formerly District 5—Lynnhaven) 9. Ordinance to AMEND City Zoning Ordinance(CZO)Section 104 re use of civil penalties J. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y April 4, 2023 59 ITEM#74031 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 2 LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3711(A)(8). • Lynch v. City of Virginia Beach • Armey, et al. v. City of Virginia Beach • W. C. Capital PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Atlantic Park Construction Contracts PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees April 4, 2023 60 ITEM#74031 (Continued) Upon motion by Council Member Holcomb, seconded by Council Member Berlucchi, City Council voted to proceed into CLOSED SESSION at 3:42 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 3:42 P.M. — 4:02 P.M. Closed Session 4:02 P.M. — 5:50 P.M. April 4, 2023 61 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL APRIL 4,2023 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, April 4, 2023, at 6:00 P.M Council Members Present: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identjing any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. April 4, 2023 62 Vice Mayor Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest.In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record. April 4, 2023 63 VII.F CERTIFICATION ITEM#74032 Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None *Council Member Wooten stepped out during the Lynch V. City of Virginia Beach discussion due to a conflict of interest(4:21—4:46 P.M.) April 4, 2023 �lNu''$�4c ie P -,--- - 't-1 A: ti� oe l ti V 4 r tf.V r!CF OUR N.t,CSM 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#74031 on Page 60 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3 712 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. k iatj\ Air•'B.rn•s, MMC Ci . clerk April 4, 2023 64 ITEM— VIL G.1 MINUTES ITEM#74033 Upon motion by Council Member Holcomb, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 21, 2023 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 65 ITEM— VII.G.1 MINUTES ITEM#74034 Upon motion by Council Member Holcomb, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the FORMAL SESSION of March 28, 2023 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 66 ITEM— VII.H.1 FORMAL SESSION AGENDA ITEM#74035 Mayor Dyer acknowledged and welcomed Boy Scouts from Troop #493 and expressed his appreciation to them for attending. 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, did not respond Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolution I: 1, 3, 4, 6, 7 and 8 and Planning Items J: 2, 3, 4, 5, 6, 7, 8 and 9 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None I. ORDINANCES/RESOLUTION: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBERS HENLEYAND TAYLOR WILL VOTE NAY ON ITEM#3 ITEM#5 WILL BE CONSIDERED SEPARA TEL Y J. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y April 4, 2023 68 ITEM— VII.I.2 ORDINANCES/RESOLUTION ITEM#74037 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Billy Almond, 209 70`h Street, spoke in OPPOSITION Robert Woodard, 214 43rd Street, Phone: 619-8052, spoke in SUPPORT Steve Gibson, 6200 Oceanfront Avenue, Phone: 617-2824, spoke in OPPOSITION Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council ADOPTED, AS AMENDED, Ordinance to EXTEND the Sunset Date to April 5, 2026 re Residential Parking Permit (RPP) in the Historic Cavalier Shores Neighborhood (Requested by Council Members Berlucchi, Remick, Schulman, and Taylor) Voting: 10-1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,N.D. "Rocky"Holcomb,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: None April 4, 2023 REQUESTED BY COUNCILMEMBERS BERLUCCHI, REMICK, SCHULMAN & TAYLOR 1 AN ORDINANCE TO AMEND SECTIONS 21- 2 353 AND 21-354 OF THE CITY CODE 3 PERTAINING TO RESIDENTIAL PARKING 4 PERMITS 5 6 SECTIONS AMENDED: §§ 21-353 & 21-354 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 21-253 and 21-354 of the Code of the City of Virginia Beach, 12 Virginia, are hereby amended and reordained to read as follows: 13 14 Sec. 21-353. Parking restrictions. 15 16 (a) In any area designated as a residential permit parking area, it shall be unlawful for 17 any person to park or otherwise leave unattended any all-terrain vehicle, bicycle, 18 electric personal assistive mobility device, electric power-assisted bicycle, electric- 19 powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped or 20 similar wheeled device on the street. 21 22 (b) In any area designated as a residential permit parking area, it shall be unlawful for 23 any person to park any motor vehicle on the street between the hours of 86:00 p.m. and 24 6:00 a.m. unless the vehicle owner has a valid residential parking permit; provided, 25 however, that the provisions of this Section shall not apply to emergency or 26 governmental vehicles, to delivery or service vehicles while engaged in such delivery or 27 service, or to vehicles displaying a valid guest pass plainly visible from the exterior of 28 the vehicle. 29 30 Sec. 21-354. Permits generally. 31 32 . . . . 33 34 (c) Monthly business parking permits shall be issued by the city's parking systems 35 management office to businesses licensed to operate in city meter-regulated 36 parking areas. A current valid business license must be presented by the business 37 owner or his designee to the city's parking systems management office at the time 38 a request is made for annual business parking permits. The number of permits 39 issued to a single business shall be limited to the maximum number of employees 40 required to work after &6:00 p.m. Employees of eligible businesses may purchase 41 employee parking permit passes directly from the city's parking management office 42 after verification of employment with an eligible business. Any business that has 43 been authorized to reduce the required parking of such business shall not be 44 eligible for such monthly business parking permits. 45 46 . . . . 47 48 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA: 50 51 That the effective date of this ordinance is July 1, 2023. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4 t h day of April , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7061'te. Ecbnomic Development City Attomey's Office CA16141 R-1 March 28,2023 68 ITEM— VII.I.2 ORDINANCES/RESOLUTION ITEM#74037 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Billy Almond, 209 70`''Street, spoke in OPPOSITION Robert Woodard, 214 43'd Street, Phone: 619-8052, spoke in SUPPORT Steve Gibson, 6200 Oceanfront Avenue, Phone: 617-2824, spoke in OPPOSITION Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council ADOPTED, AS AMENDED, Ordinance to EXTEND the Sunset Date to April 5, 2026 re Residential Parking Permit (RPP) in the Historic Cavalier Shores Neighborhood (Requested by Council Members Berlucchi, Remick, Schulman, and Taylor) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 AMENDED VERSION REQUESTED BY COUNCILMEMBERS BERLUCCHI, REMICK, SCHULMAN AND TAYLOR 1 AN ORDINANCE TO EXTEND THE SUNSET DATE OF 2 ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY 3 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 4 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD 5 6 SECTION REPEALED: 21-381 7 8 WHEREAS, the Virginia Department of Historic Resources added the Cavalier 9 Shores Historic District, which is comprised of the Cavalier Shores neighborhood, to the 10 Virginia Landmarks Register, noting: 11 12 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a 13 housing development sponsored by the city's now-iconic Cavalier Hotel, 14 which opened that same year. While the neighborhood's direct link to the 15 hotel has since faded, a brick promenade leading to a gate to the hotel 16 grounds recalls the earlier connection. Cavalier Shores is an example of 17 coastal suburban development during the first half of the 20th century. Its 18 dense housing dating to the era indicates the neighborhood's early 19 popularity and subsequent growth. Its seven blocks of houses are 20 predominated by Colonial Revival style designs, with Tudor Revival and 21 Minimal Traditional. Lining the neighborhood's alleyways are a complement 22 of rear garages and guesthouses, the latter a common feature of coastal 23 developments of the era. The district also conveys a sense of beautification 24 and landscaping, a defining aspect of the neighborhood since the 1920s. 25 Most of the district's lots were developed by the late 1960s. Today, Cavalier 26 Shores is a rare collection of early-20th century residential architecture in 27 Virginia Beach. 28 29 WHEREAS, the Cavalier Shores Historic District also is listed in the National 30 Register of Historic Places; 31 32 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier 33 Shores is a unique area that consists of"dense housing" dating to an era when driveways 34 were less common, and current residents of Cavalier Shores require on-street parking for 35 their vehicles; 36 37 WHEREAS, the ability of the residents to park their vehicles on the street adjacent 38 to or near their homes was severely impacted by the multi-year construction associated 39 with the Cavalier Hotel project, and now that the three hotels and condominiums have 40 been built, the ability of those residents to park their vehicles on the street near their 41 homes will be impacted by employees of the hotels, condos, and restaurants who will 42 want to park in the neighborhood; 43 44 WHEREAS, the City Council desires to address the unique needs of this historic 45 neighborhood by extending for three additional years the one-year temporary pilot 46 program it previously established—separate and apart from the current Residential 47 Parking Permit Program—to continue to address the parking needs of Cavalier Shores 48 residents. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 That Article III, Division 5 of Chapter 21 shall provide as follows: 54 55 DIVISION 5. — Cavalier Shores Residential Permit Parking Pilot Program 56 57 Sec. 21 381. Objectives. 58 59 This Division is adopted as a temporary pilot program in order to mitigate traffic 60 61 ne 62 63 Sec. 21-382. - Definitions. 64 65 As used in this Division: 66 67 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 68 and shall also include mopeds and motorcycles, as defined therein. 69 70 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 71 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 72 43rd 1/2, 43rd, and 42nd 1/2 Streets; the north side of 42nd Street; the alley that 73 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 74 Street; and the north side of Cavalier Drive between Holly Road and Atlantic 75 Avenue. 76 77 Sec. 21-383. - Parking restrictions. 78 79 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 80 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 81 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 82 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 83 Shores Neighborhood. 84 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 85 Shores neighborhood, where notice of these restrictions have been conspicuously 86 posted in accordance with this division, for longer than a four-hour period in any day 87 unless there is affixed to the driver's side exterior surface of the windshield of such 88 motor vehicle a valid residential parking permit or a temporary guest pass as 89 authorized by subsection 21-354(b) hanging from the rearview mirror. 90 Sec. 21-384. - Permits generally. 91 92 The City Treasurer or the city's parking management office shall issue residential parking 93 permits pursuant to this division in accordance with the procedures set forth in section 94 21-354. However, no permit shall be issued pursuant to this section for employee parking 95 in the Cavalier Shores Neighborhood. 96 97 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 98 VIRGINIA BEACH, VIRGINIA: 99 100 That the effective date of this ordinance shall be April 5, 2023, and that, absent 101 additional action by the City Council to the contrary, this ordinance shall automatically 102 sunset and expire on April 5, 2026. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4 t h day of April , 2023. APPROVED AS TO LEGAL SUFFICIENCY: ra-Ze,e-er/L. City Attorney's Office CA16140 R-2/Alt. Version April 4, 2023 69 ITEM— VII.I.3 ORDINANCES/RESOLUTION ITEM#74038 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to REVISE the public briefing cadence re Flood Prevention Bond Referendum Oversight Board(Requested by the Flood Prevention Bond Referendum Oversight Board) Voting: 9-2 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, N.D. "Rocky"Holcomb,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Chris Taylor Council Members Absent: None April 4, 2023 REQUESTED BY THE FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD 1 A RESOLUTION TO REVISE THE PUBLIC BRIEFING 2 CADENCE OF THE FLOOD PREVENTION BOND 3 REFERENDUM OVERSIGHT BOARD 4 5 WHEREAS, the City Council adopted a resolution (the "Resolution") on November 6 16, 2021 to establish the Flood Prevention Bond Referendum Oversight Board (the 7 "Board"); 8 9 WHEREAS, the Resolution required the Board to provide a public briefing to the 10 City Council every two months; 11 12 WHEREAS, the Resolution included a provision for the Board to provide a 13 recommendation to the City Council to amend the briefing cadence after the Board was 14 constituted and began its work; 15 16 WHEREAS, as related by the Chair of the Board to the City Council on March 21, 17 2023, a quarterly report to the City Council should be sufficient to keep the City Council 18 abreast of the progress of the twenty-one named projects in the bond referendum 19 question and the elimination of the backlog in the maintenance of the City's legacy 20 ditches, canals, and ponds; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 The City Council hereby approves the Board's request for a quarterly public 26 briefing schedule for reports to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of April , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City r y's ffi ce CA16131 R-1 March 23, 2023 70 ITEM— VII.I.4 ORDINANCES/RESOLUTION ITEM#74039 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ADOPT the City of Virginia Beach's Electric Vehicle Charging Plan re assist City efforts to obtain grants and federal funding for electric vehicle charging stations Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 1 AN ORDINANCE TO ADOPT THE CITY OF VIRGINIA 2 BEACH'S ELECTRIC VEHICLE CHARGING PLAN 3 4 WHEREAS, the number of electric vehicles ("EVs") in the United States is rapidly 5 increasing for a variety of reasons, including: consumer concerns about carbon dioxide 6 emissions; the fact that EV owners generally spend less on fuel and maintenance 7 (because EVs have fewer moving parts than gasoline engines); and federal government 8 tax incentives for EV purchasers; 9 10 WHEREAS, in 2021, the General Assembly adopted, and the Governor signed, a 11 bill that amended state law to require the state Air Pollution Control Board to promulgate 12 final regulations for an Advanced Clean Cars Program that includes (i) a low-emission 13 vehicle ("LEV") program for criteria pollutants and greenhouse gas emissions and (ii) a 14 zero-emission vehicle ("ZEV") program for motor vehicles with a gross vehicle weight of 15 14,000 pounds or less, beginning with the 2025 vehicle model year, or to the first model 16 year for which adoption of such standards is practicable; 17 18 WHEREAS, EV charging stations are needed to support existing EVs and the 19 additional EVs that will be purchased in the near future; and 20 21 WHEREAS, the adoption of a City Electric Vehicle Charging Plan would provide a 22 framework whereby the City could take the steps necessary to increase the number of 23 charging stations in the City, including private, commercial, and governmental charging 24 stations, and the adoption of such a plan would assist City efforts to obtain grants and 25 federal funding for EV charging stations. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Council hereby adopts the City of Virginia Beach's Electric Vehicle 31 Charging Plan. 32 33 2. That the City Manager or designee is authorized to make minor modifications 34 to the Electric Vehicle Charging Plan in light of new state or federal EV 35 programs that are initiated, or existing state or federal programs, laws or 36 regulations that are modified. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day 39 of April , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department f Public Works City Attorney's Office CA16138 R-2 March 23, 2023 71 ITEM— VII.I.5 ORDINANCES/RESOLUTION ITEM#74040 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION James Moore, 941 East Piney Bridge Drive#202, Phone: 343-4097, did not respond Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, AS AMENDED, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia Beach School Board re use of school buses during Something in the Water Festival and APPROPRIATE$350,000 in estimated reimbursements Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 AS AMENDED BY MOTION 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT WITH 3 THE VIRGINIA BEACH CITY PUBLIC SCHOOLS AND 4 TO APPROPRIATE MISCELLANEOUS REVENUE 5 6 WHEREAS, the safe and efficient movement of people is a public purpose; and 7 8 WHEREAS, Virginia law allows a local governing body to enter into an agreement 9 with the local school board to use school buses; and 10 11 WHEREAS, the Something in the Water Festival has committed to reimburse the 12 City for the actual costs of the use of school buses 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA, THAT: 16 17 1. The City Council hereby authorizes the City Manager or designee to execute 18 an agreement with the Virginia Beach School Board consistent with the 19 requirements set forth in § 22.1-82 of the Code of Virginia and Policy 7-52 of 20 the School Board for the use of school buses during the Something in the Water 21 Festival, provided the agreement is approved for legal sufficiency by the City 22 Attorney and the agreement provides the bus drivers are to be volunteer only, 23 the buses are cleaned, sanitized, and inspected at the conclusion of the 24 Festival, there will be a placard disclosing the video monitoring from the interior 25 bus cameras, and all applicable state and federal laws regarding security 26 aboard buses will be honored. 27 28 2. $350,000 in estimated reimbursement from the Something in the Water Festival 29 is hereby appropriated, with miscellaneous revenue increased accordingly, for 30 the costs associated with the agreement for use of school buses, provided the 31 City Manager or designee is directed to reduce this appropriation and the 32 estimated revenue to the amount of the total costs of the agreement authorized 33 in #1, supra, when the amounts are known and the work completed. 34 35 3. As a requirement of the City entering into the agreement with the Virginia Beach 36 School Board, the promoter of the festival shall provide the City with proof of 37 liability insurance, self-insurance, or other indemnity satisfactory to the City's 38 Risk Manager for full liability coverage of the City at no cost to the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of April , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: it or ey's Office CA16133 R-1 (Amended by motion) April 4, 2023 72 ITEM— VII.I.6 ORDINANCES/RESOLUTION ITEM#74041 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $30,000 from the Virginia Department of Behavioral Health and Development Services (DBHDS) to the FY2022-23 Human Services Operating Budget re funding for the System Transformation Excellence and Performance(STEP-VA)Program Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FOR THE SYSTEM TRANSFORMATION 3 EXCELLENCE AND PERFORMANCE (STEP-VA) 4 PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $30,000 in federal funding is hereby accepted from the Virginia Department of 10 Behavioral Health and Developmental Services and appropriated, with revenue increased 11 accordingly, to the Psychiatric Rehabilitation Services STEP-VA program in the 12 Department of Human Services. To the extent required by the Commonwealth, the City 13 Council hereby consents to the execution of an amendment to the annual Community 14 Services Board performance agreement to address the additional fund appropriated 15 herein. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of April , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i1/4),... e5kiatUw udget and Management Services ey' ffice CA16130 R-1 March 23, 2023 73 ITEM— VII.I.7 ORDINANCES/RESOLUTION ITEM#74042 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $22,500 from the Virginia Department of Social Services to the FY2022-23 Human Services Operating Budget re Adult Protective Services Department Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDING FOR ADULT PROTECTIVE SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $22,500 of American Rescue Plan Act grant funding is hereby accepted from the 8 Virginia Department of Social Services and appropriated, with revenues increased 9 accordingly, to the Adult Protective Services Division of the Department of Human 10 Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of April , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: :FArK.—"Iiiir JJ udget an. anagement Services i y A n 's Office CA16129 R-1 March 23, 2023 74 ITEM— VILI.8 ORDINANCES/RESOLUTION ITEM#74043 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $225,416 from the General Fund Vacancy Savings to the FY2022-23 Virginia Beach Department of Public Health re meet the City's required contributions to the Local Government Agreement Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor RobertM. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 1 AN ORDINANCE TO TRANSFER $225,419 OF 2 GENERAL FUND VACANCY SAVINGS TO MEET 3 OBLIGATIONS ESTABLISHED IN THE DEPARTMENT 4 OF PUBLIC HEALTH'S LOCAL GOVERNMENT 5 AGREEMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $225,419 is hereby transferred within the General Fund to the Virginia Beach 11 Department of Public Health to meet the City's required contributions to the FY 2022-23 12 Local Government Agreement. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of April , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B4A1‘. ,_ udget an Management ervices ney's ffice CA16132 R-1 March 20, 2023 75 ITEM— VII.J.1 PLANNING ITEMS ITEM#74044 The following registered to speak: Emily Archer, applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION David Cooper, 2737 Christopher Farm Drive, Phone: 636-7111, spoke in OPPOSITION Lisa Hartman, Commissioner of Transition Area/Interfacility Traffic Area Citizens Advisory Committee, 2737 Pleasant Acres Drive, Phone: 609-5679, spoke in OPPOSITION Cherie Bock, 2014 Thoroughbred Drive, Phone: 348-8080, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council DEFERRED TO JUNE 6, 2023, application of CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY/ CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & YCH, LLC for a Modification of Proffers to a Conditional Rezoning re amend the design and development guidelines at the parcels between 2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne Road and Tournament Drive DISTRICT 2(Formerly District 7—Princess Anne) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 76 ITEM— VII.J.2 PLANNING ITEMS ITEM#74045 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS MODIFIED,AS CONDITIONED, BY CONSENT, application of KEMPES VILLAGE TWO, LLC for a Modification of Conditions to a Conditional Use Permit re revise site layout and allow up to 186 multi family units resulting in a density of 18.6 units per acre at the intersection of Oakmears Crest and Princess Anne Road DISTRICT 3 (Formerly District 2—Kempsville) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KEMPES VILLAGE TWO, LLC for a Modification of Conditions to a Conditional Use Permit re revise site layout and allow up to 186 multi- family units resulting in a density of 18.6 units per acre at the intersection of Oakmears Crest and Princess Anne Road (GPIN 1466684796)DISTRICT 3 (Formerly District 2—Kempsville) The following conditions shall be required: 1. All conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on April 10, 2012 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed substantially as shown on the submitted Site Plan, entitled "Overall Development of 525 Kempsville",prepared by AES Consulting Engineers, and dated January 17, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The maximum number of dwelling units shall not exceed one-hundred eighty-six(186). 4. The applicant shall provide parking per the parking evaluation submitted by AES Consulting Engineers dated February 13, 2023 and as approved by the Zoning Administrator on February 20, 2023. 5. Exterior building materials and colors for the buildings to be constructed on the site shall be substantially as shown on the submitted elevations entitled "Historic Kempsville Apartments, Virginia Beach, Virginia,"prepared by TS3 Architecture, and dated January 26, 2023, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 6. Site and building identification signs shall be substantially as shown on Sheet A-7 submitted with the 2012 Conditional Use Permit application and entitled "Hampton Roads Housing Company and Ripley Heatwole Company,Kempes Village Two,LLC Agenda Item 4 Page 5 Inc."and dated January 26, 2011, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. April 4, 2023 77 ITEM— VII.J.2 PLANNING ITEMS ITEM#74045 (Continued) 7. The additional monument-style sign to be installed along Princess Anne Road shall be substantially as shown on the exhibit entitled "Brick Monument with Cement Caps", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 8. The applicant shall provide for public pedestrian connectivity via the "Nature Trail,"as depicted on the Site Plan referenced in Condition 2. 9. The conditions of the Chesapeake Bay Preservation Area Board approval on February 27, 2012 shall remain in effect and shall be met. This Ordinance shall be effective in accordance with Section 107() of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of April Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 �' ( /Bity, B4/K7 t N B4 K [>)/J '1oGN R7.5 R7.5 B2 B4 / /K \\ s o R10 -- \s, B2 B4K ! N o B4 K dB4 K 1R0 G B4-Ki B4K . ,�,!� i /5 � � � � 02 02 7B4K / q :aco —Co rt . 2. /0 P -- efr -- --, _______ ,_____ - -0 _ L\N\Np.42 ) F___-,49___i__ --_______„,, '73 1 v, - % ni �, io iff, J -o R1-0�/ B4-K .B4K ir C=D,,<>.._------ — .,,x'') I /el. / o - ' 0 \ Y 0' ,.- , 3 / ,,,,, 0 ,-: 71 i,__, _,,, ,__R10 -- R7.5 o� � � /Q � � R7.5 '411/41:7 /1",44111 , w// IR1�0 �- -�st o1__ _i ' �h; E31:4:K4R1 0 � J � ._ -$ — R77r5 / t% B4K Ri o R10 - .R7S5 age N r A Site w-4 }, Property Polygons . Kempes Village Two, LLC s Zoning East of the intersection at Oakmears Crest & Princess Anne Road Building Feet 037.575 150 225 300 375 450 78 ITEM— VII.J.3 PLANNING ITEMS ITEM#74046 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT,application ofAS-SXM,LLCfor a Conditional Use Permit re short term rental at 1800 Baltic Avenue DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AS-SXM,LLC for a Conditional Use Permit re short term rental at 1800 Baltic Avenue (GPIN 24270721971800) 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 1800 Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. An annual 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. of the City Zoning Ordinance(CZO) or as approved by City Council. 4. 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 Department of Planning and Community Development; however, the 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. 5. 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. 6. 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. April 4, 2023 79 ITEM— VILJ.3 PLANNING ITEMS ITEM#74046 (Continued) 7. 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 Department of Planning and Community Development 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 dollars. 8. 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. 9. 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. 10. 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. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. 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. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability 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. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10.•00 a.m. April 4, 2023 80 ITEM— VII.J.3 PLANNING ITEMS ITEM#74046 (Continued) 16. 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 sixteen (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). 17. The property owner, or their representative, shall provide to the Department of Planning and Community Development,permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one (1)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(1)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 and Community Development 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 Department of Planning and Community Development 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 Department of Planning and Community Development and shall be provided during the yearly permit process. 18. 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. April 4, 2023 81 ITEM— VII.J.3 PLANNING ITEMS ITEM#74046 (Continued) 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 4th day of April Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 ' IM 1 OR\ OR \ OR OR .• OR O R o i OROR �_ co co \ ' ' „k - Or GR /,, �i Street 1 gtb\ ,------- _._ __ treat ---- 180 133 -'‘' ,ems et ;. n Stre 0 _L_ 120 co Cia OR OR iiz OR OR co OR OR N r A Site .,41 Property Polygons `�►� AS-SXM, LLC s Q Zoning 1800 Baltic Avenuet Building Feet 0 510 20 30 40 50 60 82 ITEM— VILJ.4 PLANNING ITEMS ITEM#74047 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of PRODAN MANAGEMENT GROUP, LLC for a Conditional Use Permit re short term rental at 503 18`h Street DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PRODAN MANAGEMENT GROUP,LLCfor a Conditional Use Permit re short term rental at 503 18`h Street (GPIN 24270721970503) 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 508 18th Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual 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) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. 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 Department of Planning and Community Development; however, the 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. 5. 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. 6. 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. April 4, 2023 83 ITEM— VII.J.4 PLANNING ITEMS ITEM#74047 (Continued) 7. 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 Department of Planning and Community Development 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 dollars. 8. 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. 9. 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. 10. 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. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. 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. 13. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability 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. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. April 4, 2023 84 ITEM— VII.J.4 PLANNING ITEMS ITEM#74047 (Continued) 16. 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 sixteen (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). 17. The property owner, or their representative, shall provide to the Department of Planning and Community Development permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one(1)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 (1) 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. a. Properties managed by Short Term Rental Companies certified by the Department of Planning and Community Development shall only be required to be inspected every three (3) 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 Department of Planning and Community Development and shall be provided during the yearly permitting process. b. 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 Department of Planning and Community Development and shall be provided during the yearly permit process. 18. 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. April 4, 2023 85 ITEM— VII.J.4 PLANNING ITEMS ITEM#74047 (Continued) 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 4th day of April Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor RobertM. Dyer,Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 VI OR\ OR \ _____------ \ IIII2jjjjj OR OR , OR OR 1 \ 0 i \. OR OR ..6. 0 .C. \ , CD cv OR OR \ or OR /. eet O str 1$ - th Strt � 1$ t ,,, s2„. Ts _ -�__ Street _ 0 8th 77, co OR OR OR OR c. co OR OR, N r A, Site w.A/k 1 '\ 0Property Polygons Prodan Management Group, LLC s Zoning 503 18th Street Building Feet 0 510 20 30 40 50 60 86 ITEM— VII.J.5 PLANNING ITEMS ITEM#74048 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT,application of DUY VU/DA VISVILLE PROPERTIES,LLC for a Conditional Use Permit re tattoo parlor at 737 First Colonial Road, Unit 212 DISTRICT 6 (Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DUY VU/DA VISVILLE PROPERTIES, LLC for a Conditional Use Permit re tattoo parlor at 737 First Colonial Road, Unit 212 (GPIN 2407791187)DISTRICT 6(Formerly District 6—Beach) The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar signage 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 Department of Planning & Community Development for the installation of any new signs. 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 4`h day of April Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer,Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 090 9GE 00£ SlZ 096 9/51EO 6wpp8 s Z6Z 4!uf1 `peob ieiuoloo ;saiA L£1 squoZ suo6l(iod /�padad 4- , M nn �(na x zaPZB �!�- --- Set \ \\ \ � ,�o� • Z8 Z8 _3 / ,p�o�!u n ne� Ze V8„,\ Z8 Z8 -- ---- 13 ' / , r ------ \•S\ ' , . 1, 7::' ', 18 Z8 as � 1 �� Z8 Z8Z8 � arda�\ (\ Ze * ___ __ 0 --e-oli.‘'. '-'0 Z8 ______--- - 1i110, \\ 0 \ 8I.V 81-V° WI. ?- _ \\" ---- ------------- 0 ilk ZE128 0 n 0 � 5 LN 87 ITEM— VII.J.6 PLANNING ITEMS ITEM#74049 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of ELIZABETH DARLING/ PROCOPIS JOHN DAMALAS FAMILY,LLC for a Conditional Use Permit re tattoo parlor at 1776 Laskin Road, Suite 104 DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ELIZABETH DARLING/ PROCOPIS JOHN DAMALAS FAMILY, LLC for a Conditional Use Permit re tattoo parlor at 1776 Laskin Road, Suite 104(GPIN2407685699) DISTRICT 6(Formerly District 6—Beach) The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 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 (CZO), and there shall be no neon, electronic display or similar signage 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 Department of Planning & Community Development for the installation of any new signs. 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 4111 day of April Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 017Z 00Z 091. OZI 08 017 OZ 0 6uipprig 6u!uo7 s POI. l!u fl `peoj u Pi sei 9111. 3-4 Mon -- B u 1.I i aQ �� `7 ann .IJ ez suo6A10d Apadoid l NV'NI Z8 Z8 11 u� n �-peo oG 00 ____-----"-i-r - 7-.) peO---- -------- ---- ------- \ 1 , Z = Z8 o ni Z8 Z8 Z8 F3‘ , . /\ ) \' / , Z8 Z8 Z8 ZE14 88 ITEM— VII.J.7 PLANNING ITEMS ITEM#740505 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of JIHYEON SON/SCI LYNNHAVEN FUND, LLC for a Conditional Use Permit re tattoo parlor at 2077 Lynnhaven Parkway, Suite 103 DISTRICT 7 (Formerly District 3—Rose Hall) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JIHYEON SON/SCI LYNNHAVEN FUND,LLC for a Conditional Use Permit re tattoo parlor at 2077 Lynnhaven Parkway, Suite 103(GPIN 1475859946) DISTRICT 7(Formerly District 3—Rose Hall) The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), 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(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`"day of April Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 \ NN , L.-- u1% 74h- , LL O ��, N V O * Lo L\ N NI N'N O �N N -N,/ /4,,tet,e\ , ,/ , Tr: , ' i'` N O ::_c. i O M N \ 1 '‘.9- \ O \td et),, * .. • ,,-;/\$, %-.. \\ % . CD \\' A \ z 0 , \ P c as , iIcoion N CO N CO 0 0 NCI\ a CD a a� o �c - (A CL N CO N M - 0 /m 89 ITEM— VII.J.8 PLANNING ITEMS ITEM#74051 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT,application of OANH KHAU/SAM CAPE HENRYPLAZA,LLC for a Conditional Use Permit re tattoo parlor at 2817 Shore Drive, Suite 112 DISTRICT 8 (Formerly District 5—Lynnhaven) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OANH KHAU/SAM CAPE HENRYPLAZA,LLC for a Conditional Use Permit re tattoo parlor at 2817 Shore Drive, Suite 112 (GPIN 1590401698)DISTRICT 8(Formerly District 5—Lynnhaven) The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar signage 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 Department of Planning & Community Development for the installation of any new signs. 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 4th day of April Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 \\? :\-\;). -. .(1) , ; \LrVt;L \, ',0 -__. zAh. h \ '°' ‘rct\-r3 :Cece ' .\. \ '3 ' N7:4 IF) 0 c3L , Lc? '''' ',N. ic\ 0 0 Q Str „ti 00— cic:3,Lo LO v 0 ± W tii . O .0' 0 if? • CF0 LC1\ �$'t.C, , o 1Cr -\i`'ce wvaeech= \ N y \ \, " --- - Lf)-_) -1\ i -- \ 0 r\00 \ t LC)�` ~e. . 00 1 o \ ,l ti ti ,ttoe\ u \ IC)‘\ e tN,V.e ., 3\, , .c \ti ' S eGee Lr, cn ) ` 0 W � o � ,P., ./N, \ o 1-0 Lf) \ CC ti J c6', \ 0 co M m to \T\ 1 1 A>/r . aca •0 s CD N - _ CO V et) al 02 Q t O o , \ \ '' ' (°‘ \ t 6\14 r . � N co \ \ e \ 0. _-, N p � Nto %_ ,Roa eG\ -0_ -__, Weal.-- \CIO CO Mr Q 7ri CO o N I cr, CD Er) \ \ \ (n N CO tp UTr WM 90 ITEM— VII.J.9 PLANNING ITEMS ITEM#74052 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance(CZO)Section 104 re use of civil penalties Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 1 AN ORDINANCE TO AMEND SECTION 104 OF 2 THE CITY ZONING ORDINANCE PERTAINING TO 3 THE USE OF CIVIL PENALTIES 4 5 Section Amended: § 104 of the City Zoning 6 Ordinance 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 104 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 104. Violations and penalties. 18 19 . . . . 20 21 (b) Any person who violates any provision of Part B of Article 2, section 241.2, of 22 section3 2303, or the use regulations regarding only short term rentals, of the 23 City Zoning Ordinance hereof shall be assessed a civil penalty in the amount of two 24 hundred dollars ($200.00) for the initial summons and not more than five hundred 25 dollars ($500.00) for each additional summons. The assessment of a civil penalty 26 shall not preclude the institution of a civil action by the zoning administrator 27 pursuant to section 103(a) of this ordinance, but no such violation shall, unless it 28 results in injury to any person, be prosecuted as a criminal misdemeanor, provided 29 however that when such civil penalties total five thousand dollars ($5,000.00) or 30 more, the violation may be prosecuted as a criminal misdemeanor. 31 . . . . 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of April , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iii\a-&-a> P nning Department City Attorney's Office CA15978 R-2 January 30, 2023 91 ITEM— VII.M APPOINTMENTS ITEM#74053 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATION ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE April 4, 2023 92 ITEM— VII.M APPOINTMENTS ITEM#74054 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MIKA YLA HUME United Way of South Hampton Roads Unexpired thru 8/31/2023 Plus three years 9/1/2023—8/31/2026 COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 93 ITEM— VII.M APPOINTMENTS ITEM#74055 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: JENNY HODGE Tidewater Youth Services Commission Two years 6/1/2023—5/31/2025 COMMUNITY POLICY AND MANAGEMENT TEAM Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 94 ITEM— VII.M APPOINTMENTS ITEM#74056 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: BRIANNA DEMPSEY Three years 6/1/2023—5/31/2026 COMMUNITY SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 95 ITEM— VII.M APPOINTMENTS ITEM#74057 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DOMINIQUE HA WKINS Three years 4/4/2023 -3/31/2026 TRESSA SHIFFLETT Unexpired thru 5/31/2023 Plus three years 6/1/2023 -5/31/2026 HEALTH SERVICES ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 96 ITEM— VILM APPOINTMENTS ITEM#74058 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: ED HOPPER AEKTA JA VIA KRISHA LOFTUS OLGA TORRES Two years 6/1/2023—5/31/2025 MINORITY BUSINESS COUNCIL Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 97 ITEM— VII.M APPOINTMENTS ITEM#74059 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MICHAEL ANDERSON District 3 Four year term 4/4/2023—3/31/2027 PLANNING COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer,Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 98 ITEM— VII.M APPOINTMENTS ITEM#74060 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: KATHERINE MCVEY Three years 6/1/2023—5/31/2026 SENIOR SERVICES OF SOUTHEASTERN VIRGINIA Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor RobertM.Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 99 ITEM— VII.M APPOINTMENTS ITEM#74061 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MARK JOHNSON Unexpired thru 3/31/2026 STORMWA TER APPEALS BOARD Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 100 ITEM— VII.M APPOINTMENTS ITEM#74062 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: JOHN DRESCHER General Public Three years 6/1/2023—5/31/2026 VIRGINIA BEACH TOWING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer,Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 4, 2023 101 ADJOURNMENT ITEM#74063 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:16 P.M. Terri H. Chelius Chief Deputy City Clerk \(\Cr)) A a Barnes Robert M. Dyer City Clerk, MMC Mayor City of Virginia Beach Virginia April 4, 2023 102 OPEN DIALOGUE The following registered to speak: Ed Weeden, 2875 Sabre Street, Phone: 385-1397, did not respond Heather Corner, 4555 Hialeah Drive,Phone:502-9531, requested City Council approve the Virginia Beach City Public Schools (VBCPS)Budget James Moore, 941 East Piney Bridge Drive#202, Phone: 343-4097, did not respond Whitney Yancey, 1219 Captain Adams Court,Phone:985-7482,spoke concerning homelessness in the City Kathleen Slinde, 5308 Rove Court, Phone: 373-7584, requested City Council approve the VBCPS Budget Dawn Euman, 3976 Jousting Arch, Phone: 323-9175, requested City Council approve the VBCPS Budget Rick Boyles,President, Virginia Beach Council of Civic Organizations(VBCCO), 525 Suber Drive,Phone: 431-1702, expressed his appreciation to City Council and advised he has other VBCCO Members in attendance who will come up to introduce themselves next Andrea Lindemann, ls` Vice President, VBCCO, 3714 B Jefferson Boulevard, Phone: 703-945-4023, expressed she is looking forward to working with City Council on City goals. Phillip Hines, Treasurer, VBCCO, 4376 Lynnville Crescent, Phone: 897-3538, expressed his appreciation to City Council and invited them to attend VBCCO meetings. Al Wallace, Director, VBCCO Member, 4601 Chippendale Court, Phone: 575-5027, expressed his appreciation to City Council and advised the VBCCO is made up of members with strong leadership who support City Council Barbara Messner, P. O. Box 514, expressed her frustration with City Council. Georgia Allen, 4649 Merrimac Lane, Phone: 405-6240, requested City Council record Open Dialogue for the public to view. Ralph Parham, 5532 Shallowford Circle, expressed his concern that the same residents are attending multiple election system public engagement sessions and is hopeful other residents, who have not provided feedback, will submit surveys. ADJOURNED AT 7:35 P.M. April 4, 2023