HomeMy WebLinkAboutAPRIL 18, 2023 FORMAL SESSION MINUTES (U a)
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 18, 2023
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, April 18, 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 MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING& CIP
ITEM#74088
12:01 P.M.
Mayor Dyer welcomed Trenace Riggs, School Board Chair, Dr. Aaron Spence, Superintendent, Melisa
Ingram, Executive Director — VBCPS Facilities, Crystal Pate, Chief Financial Officer. Chair Riggs
expressed her appreciation to City Council for their continued support and distributed copies of the
presentation, attached hereto and made a part of the record.
Mayor Dyer expressed his appreciation to Chair Riggs, Dr. Spence, Ms. Ingram and Ms. Pate for the
presentation.
April 18, 2023
2023/24 School Board Budget
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Ms. Crystal Pate, Chief Financial Officer
Ms. Melisa Ingram, Executive Director of Facilities Services.
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VIRGINIA BEACH CITY PUBLIC SCHOOLS . ft
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OPERATING BUDGET:
$ 930 . 7 MILLION
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DIVISION BUDGET PRIORITIES
• Employee Compensation
• School Safety and Student Support
• Increased Supports for Our ESL Population
-. ,r • CIP Planning
OUR SUCCESSES
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OUR SUCCESSES
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VIRGINIA BEACH CITY PUBLIC SCHOOLS
CAPITAL IMPROVEMENT NEEDS
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V I R G I N I A B E A C H C I T Y P U B L I C S C H O O L S
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. A WO R D... c DCLASSEDUCATIONH
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VIRGINIA BEACH CITY PUBLIC SCHOOLS „;
FY 2023/24 School Board Operating Budget - A Fun s
Other Funds
5.4%
Categorical
Grants
12.5%
Fund FY 2023/24
School Operating 930,675,028
Green Run •
Collegiate Categorical Grants 142,411,540
0.4%
Green Run Collegiate 4,363,929
$1,139,341,115
Other Funds 61,890,618
Total 1,139,341,115
School Operating
81.7%
VIRGINIA BEACH CITY PUBLIC SCHOOLS
School Operating Fund Revenue Summary
FY24 School Operating Fund Revenue Sources
Revenue Source Change from FY23 Federal Additional
1.5% Funds
Federal - State Sales Tax 0.0%
10.3% Other Local
State 27,361,779 0.4%
Sales Tax 3,678,337 •
Local Contribution 27,445,615
Other Local 50,000 •
......... 930 675 028
School Reserve (333,591)
Total 58,202,140
State
Revenue assumptions for the State and Sales Tax were made using the House 38.3% Local
Amended 2022-2024 Crossover Budget
Contribution
49.5%
VIRGINIA BEACH CITY PUBLIC SCHOOLS
School Operating FunbyState Category
Technology
4.5%
Operations and
Maintenance
11.9%
Fund FY 2023/24
Instruction 682,534,414
Pupil
Transportation Admin, Attendance and Health 45,028,190
5.5%
Pupil Transportation 50,857,111
Operations and Maintenance 111,018,337
Technology 41,236,976
Administration,
Attendance and Total 930,675,028
Health
4.8%
Instruction
73.3%
VIRGINIA BEACH CITY PUBLIC SCHOOLS
School Operating Fund ExpendituresbyTYpe
Materials and
Supplies Capital Outlay
Other Charges 3.5% 0.4%
3.0% Transfers to
Purchased
Other Funds Fund FY 2023/24
Services 1.6%
Personnel Services 585,043,253
5.3%
Fringe Benefits 216,582,494
Purchased Services 48,979,277
Other Charges 28,369,563
Fringe Benefits Materials and Supplies 32,805,857
23.3%
Capital Outlay 4,229,072
Transfer to Other Funds 14,665,512
Personnel Total 930,675,028
Services
62.9%
VIRGINIA BEACH CITY PUBLIC SCHOOLS
$55.5 Million Invested in our Employees
$53.5 million $1 million $300,000
Fund recommendations Increase allowances for Provide $1,500 stipend
from the compensation advanced degrees for special education
study teacher assistants
$277,740 $166,604 $246,310
Increase allowance for Increase allowance for New teacher orientation
teacher assistants holding security assistants holding pay
a bachelor's degree a bachelor's degree
VIRGINIA BEACH CITY PUBLIC SCHOOLS
CIP Highlights
FY24 CI P Proposed
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V o ernization, , /Re • lacement Pro ects. .. _.
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CIP # Construction School Construction
Start Complete
1-015 2024/25 Princess Anne High School Replacement 2029
1-028 2028/29 B.F. Williams Elementary/Bayside 6th Replacement 2031
1-029 2034/35 Bayside High School Replacement 2039
VIRGINIA BEACH CITY PUBLIC SCHOOLS
• Renovations & Replacements Projects
• $33 Million Funded in 2023/24
• Renovations and Replacements — Safe School Improvements
• Funds $200,000/year
• Energy Performance Contracts— Ph II
• $46.5 Million — On-going
What's I n This ci P • Elementary School Playground Equipment Replacement
• $250,000/year
• Princess Anne High School Replacement
• Fully Funded ($247.1 Million), tentative opening date 2029
• Bettie F. Williams/Bayside 6th (Grade 4-5) Replacement
• Fully Funded ($81.8 Million), tentative opening date 2031
• Bayside High School Replacement
• Partially Funded ($28.9 Million of $385 Million), tentative
opening date 2039
VIRGINIA BEACH CITY PUBLIC SCHOOLS
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VIRGINIA BEACH CITY PUBLIC SCHOOLS
Last Inflation Review (2020)
Cost/SF - VADOE Commonwealth of Virginia - HS
500
450
400
Henrico(2)/Mecklenburg
350
300
Kellam
250 Renaissance
200
150
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100
50 •
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
imumwm VBCPS Schools VA Average Cost Per SF Linear(VA Average Cost Per SF) Expon.(VA Average Cost Per SF)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
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Inflation Update
Cost/SF - VADOE Commonwealth of Virginia &
Comparable Commercial Construction
Estimated Future Inflation Rates- High Schools
VA K-12 Construction NAVFAC BCI Independent Cost Estimator
Proposed Proposed Proposed Proposed Proposed Proposed
Year Inflation Rate Cost/SF Inflation Rate Cost/SF Inflation Rate Cost/SF
2020 4.0C% 5 364.08 1.00% 5 353.58 7.00% 5 374.58
Estimated Bid Date 2021 11.85% $ 407.22 • 8.60% S 383.99 15.10% $ 431.14
Design/Bid/Build: 2022 15.41% 5 469.96 • 12.80% $ 433.14 6.00% $ 457.01
2023 7.70% S 506.15 6.40% 5 460.86 4.85% S 479.18
2024 6.90% S 541.06 5.70% 5 487.12 4.25% S 499.54
Princess Anne HS[ 2� 025 t 6.37% S 575.54 5.30% 5 512.94 3.85% 5 518.78
2026 6.18% S 611.08 5.10% 5 539.10 3.75% 5 538.23
- 2027 6.18% $ 648.82 5.10% $ 566.6C 3.75% 5 558.41
2028 6.18% $ 688.89 5.10% $ 595.49 3.75% 5 579.35
2029 6.18% $ 731.43 5.10% $ 625.86 3.75% 5 601.08
203C 6.18% $ 776.6C 5.10% $ 657.78 3.75% 5 623.62
2031 6.18% $ 824.56 5.10% 5 691.33 3.75% $ 647.01
2032 6.18% 5 875.48 5.10% 5 726.59 3.75% 5 671.27
2033 6.18% S 929.54 5.10% $ 763.64 3.75% 5 696.44
Bayside HS L2034 6.18% $ 986.95 5.10% $ 802.59 3.75% 5 722.56
2035 6.18% 5 1,047.90 5.10% $ 843.52 3.75% $ 749.65
2036 6.18% 5 1,112.61 5.10% $ 886.54 3.75% 5 777.76
2037 6.18% 5 1,181.32 5.10% $ 931.75 3.75% S 806.93
2038 6.18% 5 1,254.27 5.10% 5 979.27 3.755'0 5 837.19
VIRGINIA BEACH CITY PUBLIC SCHOOL
Historical Projected FundingJ
140
120
-Linear(5% Increase) - .--
100
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Historical CIP 111 Current 6.Year CIP
VIRGINIA BEACH CITY PUBLIC SCHOOLS
Modernization Schedule
FY24 CIP Proposed
Projects Pending PPEA RFP
School Original Construction Difference Total
Construction (R) Replacement Opening Date Complete Opening Date vs. Project Cost
Started (M) Modernization Construction (Millions)
Complete
2025 Princess Anne HS(R) 1954 2029 75 247.2
2028 BF Williams ES/Bayside 6th (R) 1961/1957 2031 74 81.9
2035 Bayside HS(R) 1964 2039 75 385
Avera•e/Total 75 714.1
Projects Not Fully Funded
Proposed School Proposed Difference Total
Construction (R) Replacement Original Construction Opening Date vs. Project Cost
Started (M) Modernization Opening Date Complete Construction (Millions)
Complete
2045 Princess Anne ES 1956 2047 91 TBD
2049 Holland ES 1968 2051 83 TBD
2057 First Colonial HS 1966 2060 94 TBD
2071 Kempsville HS 1966 2074 108 TBD
2075 Kempsville MS 1969 2078 109 TBD
2085 Bayside MS 1969 2088 119 TBD
2090 Independence MS 1974 2093 119 TBD
2100 Lynnhaven MS 1974 2103 129 TBD
2105 North Landing ES 1975 2107 132 TBD
2107 Green Run ES 1976 2109 133 TBD
2112 Fairfield ES 1976 2114 138 TBD
2115 White Oaks ES 1978 2117 139 TBD
Average/Total 116
These dates estimated based on current levels of funding inflated 3%annually.
VIRGINIA BEACH C 1 T Y PUBLIC SCHOOLS
FundingSource — AlternativeA
Funding Sources 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29
Charter Bonds 32,300,000 32,300,000 32,300,000 32,300,000 32,300,000 32,300,000
Public Facility Revenue 15,000,000 15,000,000 12,000,000 12,000,000 12,000,000 12,000,000
Bonds
PayGo 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 6,500,000
Interest/Sale of Property 0 0 0 0 0 0
Energy Performance 2,500,000 2,500,000 2,500,000 2,500,000 2,000,000 2,000,000
Contracts Funding
State Construction Grants 0 0 0 0 0 0
School Special Reserve Fund 11,000,000* 11,000,000 10,500,000 10,000,000 9,500,000 9,000,000
Balance/Reversion
Total 62,800,000 63,800,000 61,300,000 61,800,000 61,800,000 61,800,000
* Note:This Funding Source, Alterative A, includes 21/22 reversion funds not yet approved by City Council.Anticipated action on Feb. 21, 2023.
Note: Past CIP Funding Sources included funding from Sandbridge TIF and Lottery Funds,which currently provide$0 in funding to the CIP.
This alternative also assumes no contribution from State Construction Grants,which is subject to change.
VIRGINIA BEACH CITY PUBLIC SCHOOLS
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. Ms. Trenace Riggs, School Board Chair0\ 4''''
its Dr. Aaron Spence, Superintendent, k . .,
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4..,„ . _,..
Ms. Crystal Pate, Chief Financial Officer -- -- - , -
Ms. Melisa Ingram, Executive Director of Facilities Services
VIRGINIA_..........10.
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BEACH CITY PUBLIC SCHOOLS
iiii, fir ._
3
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
1:15 P.M.
Mayor Dyer welcomed LJ Hansen, Director. Mr. Hansen expressed his appreciation to City Council for
their continued support:
FY 2023-24 to FY 2028-29
Facilities Capital Improvement
Program
U Hansen
April 18,2023
a
. '••" ' S F i.
' I : - SLC ! mR �,
y � , ,.)
Jl '+ . Buildings Overview '
y��
• 27 Total Programs/Projects that do not need an increase in funds.
• 4 Total Programs/Projects that do need an increase in funds.
• 5 New Programs/Projects that need funds.
• Total Program Costs are$417,539,391 of which $251,939,775 have
already been appropriated to date.
• We are asking for$25,051,354 in new funds and additional above
target requests.
April 18, 2023
4
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
The next few slides provide Projects with No Change:
Projects with No Change
Council Project Appropriations FY24 Budget FY2S-29 Budget Total Balance to Complete
District to Date
PG100260:Beach Maintenance Facility 5 - 2,866,523 17,833,4711 20,700,000
PG100589:Central Utility Plant
Enhancements-ARPA 2 4,646,254 - 4,646,254
PG100392:City Security Enhancements Citywide 3,229,818 - 2,500,000 5,729,818
PG100535:Corrections Center-Renewal
and Replacement 2 - - 14,198,889 14,198,889
PG100590:Courts Building Direct Digital
2 2,970,000 - - 2,970,000
Control-ARPA
PG100536:Creeds Training Center
Renovations 2 - 1,500,000 250,000 1,750,000
PG100165:Energy Performance
Enhancements(City)II Citywide 2,200,000 550,000 2,750,000 5,500,000
PG100168:Euclid Yard Facility
Replacement 4 - - 14,532,300 14,532,300
PG100047:Facilities Access Systems Citywide 1,100,000 425,000 2,125,000 3,650,000
PG100170:Facilities Planning Services Citywide 1,120,467 250,000 1,250,000 2,620,467
Projects with No Change
Council Appropriations FY24 Budget FY25-29 Budget Total Balance to Complete
District to Date
PG100178:Fire Training Center
Improvements IV S 2,271.155 300,000 1,500,000 4,073,155
PG100203:Heritage Building Maintenance
ii amid. 2,775400 300,000 1,500,000 4,575,000
PG100584:Housing Resource Center
"elevator 4 1,464,000 - - 1,464,000
PG100224:Intermediate Care Facilities
Renewal/Replacement Citywide 1,549,776 - 603,135 2,152,911
PG100503:Judicial Center Escalator 2 10,614,900 - - 10,614,900
Replacement
PG100233:Landfill e2 Phase 1 Capping
7 21,677,000 - - 21,677,000
PG100614:Leroy Road Impound Lot and
Remedial Action 2 1,443,700 - - 1,443,700
PG100616:MOCA Building Rehabilitation 6 - 1,000,000 1,362,488 2,362,488
PG100291:Operations Facilities
Renovations 2 54,640,000 - - 84,640,000
April 18, 2023
5
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
Projects with No Change
Council Appropriations Balance to
er*Ct FY24 Budget FY25-29 Budget MIMI
District to Date Complete
PG100591:Parks and Recreation Yard 2 13,251,244 - - 13,251,244
Relocation Yard•ARPA
PG100325:Public Safety Equipment
Replacement Project Citywide 9,535,573 1,450,000 7,250,000 18,235,573
PG100588:Recreation Centers HVAC
Replacement/Repair-ARPA Citywide 4,400,000 - 4,400,000
PG100437:VA Aquarium Bldg Systems
&Facility Infrastructure II 6 5,738,160 1,434,540 7,172,700 14,345,400
PG100445:Various Buildings HVAC
Rehabilitation&Renewal IV Citywide 12,500,000 2,500,000 12,500,000 27,500,000
PG100608:Virginia Aquarium Animal
Holding Facility Improvements 6 4,321,715 - - 4,321,715
PG100463:Virginia Aquarium
Renewal and Replacement III 6 2,574,204 600,000 3,000,000 6,174,204
PG100225 Judicial Center
Maintenance 2 2,104,372 70,000 350,000 2,524,372
Grand total= 5300,053,390
The next several slides provide Projects with Modificiations:
Projects with Modifications
Council I Appropriations to Balance to
ProJed District Date FY24 Budget FY25-29 Budget Total Complete
•
PG100138:Convention Center and Capital 6 11,572,549 803,000 8,300,000 20,675,549
Maintenance
'PG100175:Fire Apparatus IV' Citywide 17,201,525 2,265,975 11,329,875 30,797,375
PG 300176:Fire Facility Rehabilitation Citywide 6,315,791 1,000,000 5,000,000 12,315,791
and Renewal Ili-
-PG100446,Various Buildings Citywide 43,670,572
eF�zb�:tatio�.and Renew,!v' 20,720,572 3,950,000 19,000,000
April 18, 2023
6
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
Projects with Modifications
':1 s 1
,,v
r�
. ,r
,
r Vil
PG 100138: Convention
Center Capital VIRGINIA BEACH
I p CONVENTION CENTER
--- ",. Maintenance
Council Appropriations to Fyn aud et PY2549 Total
EH
District Date &Odra
6 Current Program 11,572,549 343,060 1,715,300 13,630,909 •
Additional
Funding 459,940 6,584,700 7,044,640 -
Requested
Total Cost 11,572,549 803,000 8,300,000 20,675,549 •
• Project provides long-term capital maintenance of the 17-year-old facility,will
address various maintenance issues.
• Consequences:Can not keep the Convention Center safe and aesthetically pleasing
to clients and visitors at current funding levels.
• Additional funds are needed due to current economic conditions,the age of the
building and equipment.
April 18, 2023
7
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
• a. . p■ z
Fire Apparatus IV _ °"'"
Council Appropriations to FY24 Budd FY25.20 Total Mentz to
District Date i Budget Complete
Citywide Current Program 17,201,525 1,460,975 7,304,875 25,967,375
Additional
Funding 805,000 4,025,000 4,830,000 -
Requested
Total Cost 17,201,525 2,265,975 11,329,875 30,797,375
• Project funds will replace and refurbish fire apparatus that have a useful life
of over ten years,specific vehicles have been identified in a long-term
replacement schedule.
• Consequences:Ineffectiveness in delivering services safely and risk to
personnel operating the deteriorated vehicles.
�~� ., � ; ` PG100176: Fire Facility• nti"..11111hms"
�
• '' ' Rehabilitation and
Renewal III
Coma Appropriations to FY24 Budget FY2S-29 Toth Balance to
Mitt Date Budget Complete
Citywide Current Program 6,31 5,791 500,000 2,500,000 9,31 5,791 -
Additional
Funding 500,000 2,500,000 3,000,000 -
Requested
Total Cost 6,31 5,791 1,000,000 5,000,000 12,315,791 -
• Project will provide for the repair and renewal of various existing City owned Fire Facilities to make
them habitable,such as replacement of driveways,equipment,roofs,removal of asbestos,
reconstruction of water and sewer systems,installation of exhaust systems for proper air quality.
• Consequences:Safety hazards,further deterioration of the building,and higher costs.
April 18, 2023
8
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
The next several slides provide New Projects:
New Projects
„I/...:,:‘. A.
-.
-:--2. , ,0 r- PG 100651: Court
g ,•l.
. :.�.• Modernization Study
Council District Appropriations to Date FY24 Budget FY25-29 Budget Total Balance to
Complete
2 - 350,000 - 350,000
• Study is for the Virginia Beach Courthouse(Building 10,10A,&10B)to propose both intermediate and
long-range modernization and recapitalization through a phased approach.
• As the building continues to age,various systems and fixtures have failed,and technologies and
security threats have evolved.
• The study will produce planning level cost estimates,conceptual renderings,drawings,and/or written
scopes.
April 18, 2023
9
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
���� �$ �� PG 100655: Law •� 1 , ,
Enforcement Training
•� Academy Replacement
POLICE Study t`
.,'
Appropriations to FY25-29 Balance to - - --
Council District Date FY24 Budget Budget Total Complete
iR -
6 - 350,000 - 350,000 -
• Study is for the Law Enforcement Training Academy to propose replacing the existing 60+year old facility
through a phased approach.
■ As the building continues to age,it is requiring increasingly more frequent and extensive maintenance
and repairs,such as leaks,flooding,water damage,and mold issues.
• The study will produce planning level cost estimates,conceptual renderings,drawings,and/or written
scopes.
PG 100653: HRC Renovations •
Council Appropriations to FY25-29 I Balance to
District Date FY24 Budget Budget Total Complete a_
4 - 3,329,460 - 3,329,460
• Project will fund renovations at the Housing Resource Center.
• Add 30 shelter beds to the first floor for accessibility
• Expand facility bathrooms
• Reconfigure office space and/or acquire furniture for 30-35 staff members
April 18, 2023
10
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
PG100652: Mounted Police
Maintenance and Repair
POLICE
Council District Appropriations to Date FY24 Budget FY25-29 Budget Total Balance to
Complete
2 - - 2,240,000 2,240,000 -
• Project will provide funding to make needed repairs at the Mounted Patrol farm in Pungo.
• Project will expand and improve various stables and barn facilities,to include major building systems
repairs and replacement not limited to Roofs,electrical Systems,HVAC,Horse Waste Management
I
PG100654: Oceanfront
Aquarium Parking Phase I0.01
r
Council Appropriations FY24 Budget FY25-29 Total 8118tKe
District to Date Budget Complete
6 - - 3,757,254 55,180,796 51,423,542
• Project will fund the design and construction of a new parking garage for the Aquarium and Oceanfront.
• Phase 1 replaces existing surface parking west of General Booth Blvd and constructs pedestrian
bridge,Phase 2 parking garage will be north of Phase 1 garage
• Phase I Parking Includes 250,800 sq.ft garage for 800 POV parking spaces and 12 bus spaces. Also includes,
• Security features to restrict viewing of Camp Pendleton
• Infrastructure to support automated ticketing and parking,drop arms,and traffic calming features
April 18, 2023
11
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
The next several slides provide Projects Under Way:
PROJECTS UNDER WAY
poi..._ p„I:11r ,._ ., ,_ .. r
' ," \ '.."' s A . ii. ".. '
r t4 _ , ,...,:.
10/44_, „ , . _, ,.
. • iippe
PG 100181:
Fire/EMS
- �' Burton
--TAI _ .
ate' a'
22 Station
.+ate
(Completed)
Total
Council District Appropriations to Date FY24 Budget FY25.29 Budget i Programmed
Funding
4 7,810,000 - - 7,810,000
• Design Complete:October 2019
• Construction Contract Advertisement/Solicitation:January 2020
• Construction Contract Notice to Proceed:March 2021
• Actual Substantial Completion:February 28,2023
• Facility Opening/Occupancy Date:March 19,2023
• Note:Project placed on-hold due to COVID,delayed issuance of NTP %
April 18, 2023
12
CITY MANAGER'S BRIEFINGS
FY2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
PG 100291: I,
!` Operations
,
A
„t� ; ,M y f� Facilities a. �.
Renovations y
Council District Appropriations to Date FY24 Budget FY2S-29 Budget Tohfunding1 Programed
2 84,640,000 - - 84,640,000
• Renovate 95,000 SF B-2 to be new home of VBPD 1st Precinct and Police Admin
• Renovate 84,000 SF B-1 to be new home of Public Utilities and Planning
• Renovate 58,000 SF B-11 to be new home of Public Works and elements of IT
• Issued RFP to qualified design-build teams:April 2020
• Awarded contract and issued NTP:February 2021
• Complete Renovation of B-2 December 2023,B-1&B-11 February 2024,December 2025
PG 100286: rr�
Oceanfront
_.� Rest rooms .
wax 4.
Total
Council District Appropriations to Date FY24 Budget FY2S-29 Budget Programmed
Funding
6 509,000 - - 509,000
• Design Complete:August 2021
• Construction Contract Advertisement/Solicitation:September 2021
• Construction Contract Notice to Proceed:September 2022
• Estimated Substantial Completion:May 2023
• Planned Facility Opening/Occupancy Date:May 2023
• Note:Delay of NTP to start work in'off-season'(oceanfront)
April 18, 2023
13
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
PG 100581:{ 11. : .=
Oceanfront
} - Police a
1 Substation `'
Total
Council District Appropriations to Date FY24 Budget FY25-29 Budget Programmed
• Funding
6 1,250,000 - - 1,250,000
• Design Complete:February 2022
• Construction Contract Advertisement/Solicitation:July 2022
• Construction Contract Notice to Proceed:January 2023
• Estimated Substantial Completion:May 2023
• Planned Facility Opening/Occupancy Date:May 2023
PG 100503:
Judicial Center
Escalator
Replacement
^?'*-7"11"' 7* 6.4:4t
Total
Council District Appropriations to Date FY24 Budget FY25-29 Budget Programmed
Funding
2 10,614,900 - 10,614,900
• Design Completed:April 2023
• Construction Contract Advertisement/Solicitation:June 2023
• Construction Contract Notice to Proceed:September 2023
• Estimated Substantial Completion:September 2024
• Planned Facility Opening/Occupancy Date:N/A
April 18, 2023
14
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
BUILDINGS CIP
ITEM#74089
(Continued)
r#1, A _! >
PG100591: Parks and
�E
Recreation Construction ' '
/
Yard Relocation - A R PA -i -
;ira�17nnnsy�rr��
-74
Total
Council District Appropriations to Date FY24 Budget FY25.29 Budget Programmed
Funding
2 13,251,244 - - 13,251,244
• Design Complete:April 2023
• Construction Contract Advertisement/Solicitation:May/June 2023
• Construction Contract Notice to Proceed:September/October 2023
• Estimated Substantial Completion:January 2025
• Planned Facility Opening Date:March 2025
Here are the Challenges and Initiatives:
Challenges and Initiatives
• Continued inflationary pressures, bid cost increases
• Contractor labor shortages, associated work delays
•Shortage of professional labor, associated design
delays
•With software improvements, developing amore
refined programmatic approach to capital
maintenance
Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation.
April 18, 2023
15
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
1:28 P.M.
Mayor Dyer welcomed Michael Kirschman, Director. Mr. Kirschman expressed his appreciation to City
Council for their continued support:
FY 2023-24 Proposed
Operating Budget
Michael Kirschman
April 18, 2023
CITY OF VIRGINIA BEACH
Parks&
. Recreation
Here are the Scope of Services:
Scope of Services
Manage&Maintain all City Parks(293 parks/7,100 acres)
260+playgrounds,210+athletic fields,67 b-ball/64 tennis/18 pickleball courts,37 shelters,
17 bathrooms,13 boat/kayak launches,5 dog parks,4 skateparks,etc.
Unique facilities:Lynnhaven Boat&Beach,Lynnhaven Marina,Little Island Park,PAAC,etc.
Year-round special events&city-wide adult and youth athletic leagues
18k boat launches at Lynnhaven,2,450 shelter rentals/yr.,325 park permits,etc.
Contract management of numerous facilities
Operate 7 large full-service Recreation Centers
Aquatics,fitness/wellness,TR,gymnasiums,multi-purpose rooms,game rooms,etc.
75k unique visitors,1.4M scans/year,8k+fitness classes,137k fitness class participants
Largest child-care provider in the City
Before/After school child-care at all 56 elementary schools,licensed early childhood child-care at
4 rec centers,summer camps at select schools&rec centers
Maintain City and School properties
500+city sites,90+school properties,oceanfront boardwalk landscaping,etc.
1,300+trees planted,1,950 trees pruned,26k lbs.of trash collected by volunteers,etc.
April 18, 2023
16
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
(Continued)
Here is the Department Operating Budget:
Department Operating Budget
•
Program FY23 Amended FY23 FTE's FY24 Proposed FY24 FTE's Change From
FY23
Park&Landscape Services S 24,206,077 267.12 S 25,578,887 267.12 S 1,372,809
Programs&Services in GF S - - S 17,358,428 288.53 S 17,358,428
Special Revenue Fund 5 40,482,155 583.59 S 28,261,655 300.99 S (12.220.500)
Open Space Fund S 7,149,728 6.40 S 7,364,220 6.40 S 214,492
TIP Fund S 999,689 12.00 S 1,029,680 12.00 S 29,991
Gift Fund S 55,000 - S 55,000 0.00 S
Total S 72,892,649 869.11• S 79,647,870 875.04 S 6,755,220
'Excludes 5.93 FTEs for Parks after Dark
Here are Expenditures by Services/Areas of Operations:
Expenditures by Services/ Areas of Operations
Debt Transfers
Open She $1,574,550
$7,364,229 $3,716,702 2% Recreation Centers
Inclusion&Therapeutics 9% 5% $15,712,583
$1,779,230 20%
2%
YO0&Parks after Dark ---
$1,244,642 -
2% _
Park Events&Special Use
$1,794,159 '
2%
Administration --� OST/Childcare
$6,410,968 $10,801,730
8% 14%
Planning Design&Dev
$901,853 Athletics
1% $1,738,667
2%
" Park&Landscape Services
608567
Total FY 24 Budget=$79,647,870 $26'33%
.111111111111111111111111
April 18, 2023
17
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
(Continued)
This chart provides Earned Revenue from Fees and Charges:
Earned Revenue from Fees and Charges
Park Permits& Athletics Other
Rentals $1,029,875 $124,310 Recreation Centers
$771,605 7% 1% $6,663,160
5% 48%
Child Care •
$5,382,916
39%
Earned Revenue(Fees&Charges)=$13,971,866
Historical Revenues from Fees and Charges
a a ,d "
rrse rroo root rrox rvos rro. rros rvoe rret rros rros rrto rrtt rrtz rrtt ry t� ry is rrtr curt rrta rrts rrzo rrxt rrzx rrxt
FISCAL YEAR
April 18, 2023
18
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
(Continued)
There are 507 Full-Time and 1,002 Part-Time Positions:
Full-Time and Part- Time Positions
Full-Time Positions
507
34%
Part-Time Positions
1,002
66%
875.04 FTEs
Here are Major Changes&Initiatives:
Major Changes & Initiatives
Restructure of P&R General Fund &Special Revenue Fund Budgets
• To ensure funds generated through Recreation Center fees and the real estate dedication are reinvested into programming,operations,and
maintenance of the seven recreation centers,programs and activities not part of the Recreation Centers being moved into the General Fund.
• Fee Increases
• A proposed increase of$2 in the Adult annual recreation center membership from$110 to$112.(No change to youth—remains$40/year)
• Increases to various other fees which are listed in the Summary of Fee and Tax Adjustments section(page 73)of the Executive Summary
• New revenue from all fee increases anticipated at$147,061.
Parks After Dark
• New initiative modeled after the City of Los Angeles'Summer Night Lights program with the goal of reducing youth violence and crime.
• Begins summer of 2023 at Williams Farm Park in the Western Bayside area.Program will run three nights per week(Thursday—Saturday)from
7 pm-11 pm for 12 weeks,beginning June 8 and concluding August 26,2023.(No program the week of July 4t)
• Family-friendly activities and food will be provided to those in attendance.
• P&R will work with the Police Department and numerous City departments to implement the program and measure outcomes.
Homeless Encampment Cleanup-$250,000
• This initiative will fund the contractual removal of trash,debris,chemicals,or other hazardous materials in support of cleaning up the highest
priority homeless encampments on City property.
April 18, 2023
19
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
(Continued)
This chart provides Funding Source—Earned Fees& Charges:
Funding Source- Earned Fees & Charges
Schools Athletics Other
Open Space, Landscaping, park Permits $1,029,875 $124,310 Recreation
$7,364,220, $5,444,060,9%
&Rentals 7% 1% Centers
General Fund, 13%
$14,399,130, $771,605 $6,663,160
24% Other Funds,p. 5% 48%
$155,000,0%
1111010.0.0001
Special Revenue
Dedicated Real Fund,
Estate Tax, $6,707,060, Child Ore
11%
$25,666,620, $5,382,916
39%
43%
Total FY24 Department Revenue=$59,736,090 Earned Revenue(Fees&Charges)=$13,971,866
FY 2023-24 to FY 2028-29
Capital Improvement Program
Michael Kirschman
April 18, 2023
lk am, ci-ry OF Wt ° Parks&��E��-
�� Recreation
April 18, 2023
20
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
(Continued)
Here is an overview of Parks& Recreation CIP Section:
FY 24 Proposed$16,123,593
Includes new projects and project increases
City Bikeways and Trails Plan Implementation$525,000
Parks & Recreation Community Recreation Centers restored to$2M
Little Island Park Pier Repairs$1.2M
C I P Section Park Infrastructure Replacement&Underdeveloped
Parks increased by$3M
Virginia Beach Trail(federal funds)$750,000
Overview
• -
f ,t
The next two (2)slides provide Projects with No Change:
Projects with No Change
Project Council Appropriations FY24 FY25-29 Total
District to Date Budget Budget
Athletic Fields Lights&Renovations III Citywide $3,152,277 $275,000 $1,375,000 54,802,277
Bikeways&Trails Repairs&Renovations I Citywide $1,740,000 $280,000 $1,400,000 $3,420,000
Community Recreation Centers Repairs&Renovations III Citywide $22,087,768 $2,000,000 $10,000,000 $34,087,768
Foxfire Trail Pedestrian Bridge 2 $2,615,397 $0 $0 $2,615,397
Golf Courses Contractual Obligations I Citywide $1,440,000 $120,000 $600,000 $2,160,000
Greenways,Scenic Waterways&Natural Areas III Citywide $2,975,000 $250,000 $1,250,000 $4,475,000
Little Island Park Parking Lot Improvements-ARPA 2 $2,000,000 $0 $0 $2,000,000
Lynnhaven Boat Ramp&Beach Facility I 9 $562,221 $50,000 $250,000 $862,221
Neighborhood Parks Maintenance-ARPA Citywide $15,200,000 $0 $0 $15,200,000
Open Space Acquisition IV Citywide $2,500,000 $2,500,000 $12,500,000 $17,500,000
Open Space Park Infrastructure Development Citywide $18,171,100 $0 $0 $18,171,100
Owl Creek Boat Ramp Improvements-State 6 $3,993,000 $0 $0 $3,993,000
April 18, 2023
21
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
(Continued)
Projects with No Change
Council Appropriations FY24 F FY25-29
Project Total
District to Date Budget Budget
Park Infrastructure Replacement&Underdeveloped Park Citywide $1,000,000 $4,000,000 $20,000,000 $25,000,000
Ir
Park Playground Renovations Ill Citywide $6,519,027 $727,932 $5,203,766 $12,450,725
Parks&Special Use Facilities Development&Renovations Ill Citywide $18,633,075 $1,917,526 $10,401,251 $30,951,852
Pungo Ferry Landing Park Improvements—State 2 $2,585,625 $0 $0 $2,585,625
Southern Rivers Watershed Site Acquisition Program 2 $2,000,000 $0 $0 $2,000,000
Sportsplex&Field Hockey National Training Center Repairs& 2 $11,409,903 $726,135 $3,630,675 $15,766,713
Renovations
Stumpy Lake Golf Course Contractual Obligations I 7 $350,503 $27,000 $135,000 $512,503
Tennis Court Renovations III Citywide $3,075,000 $300,000 $1,500,000 $4,875,000
Thalia Creek Greenway I 4 $3,400,157 $0 $0 $3,400,157
Three Oaks Elementary Multi-Use Path 2 $740,901 $0 $0 $740,901
Violet Bank Trail 1 $1,600,000 $0 $0 $1,600,000
The next few slides provide Projects with Modifications:
Projects with Modifications
Project Council Appropriations FY24 FY25-29 Total
District to Date Budget Budget
City Bikeways&Trails Plan Implementation11• Citywide $2,982,978 $1,000,000 $5,000,000 $8,982,978
Little Island Pier Repairs" 2 $0 $1,200,000 $0 $1,200,000
Recreation Center Modernization Citywide $0 $0 $10,000,000 $10,000,000
Virginia Beach Trail-Federal Funds 4 $0 $750,000 $0 $750,000
April 18, 2023
22
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
(Continued)
City Bikeways & Trails Plan Implementation II
Council Appropriations FY25-29 •
FY24 Budget Total ._ �^�,
District to Date Budget - ',.. ; w -r
Citywide $2,982,978 $1,000,000 $5,000,000 $8,982,978 �_.
Increase of$525,000 annually -!• `�
New and improved paths,trails,and bikeways
Improve access and increase safety 'ice ='
Reduce notable gaps and barriers -tom .
'110
Promote economic development
Virginia Beach Trail
Council Appropriations FY24 Budget FY2S-29 Total `.�
Ditriatt '�� Budget
ri#:"
4 $0 $750,000 $0 $750,000 --
2023 omnibus appropriations bill funding j v
Seed money to start design for the shared-use I d
path from Newtown Road to Constitution Drive ►'. ( ( t
Little Island Pier Repairs
Council Appropriations FY25.29 ='
District to Date i FY24 Budget , Budget Total
2 $0 $1,200,000 $0 $1,200,000
Emergency action repairs /.: `. '
Severe deterioration of railing,deck,and post structures on g t
the walkway
Condition assessment conducted in 2022 _
Will extend the useful life for another 15 years '' ' §
Recreation Center Modernization
Council Appropriations FY24 FY25.29
District to Date Budget Budget Total r.—
Citywide $0 $0 $10,000,000 $10,000,000
Modernization Plan completed in 2020
Provided recommendations for Bayside,Great Neck,Princess �� "&
Anne and Seatack Recreation Centers ''
April 18, 2023
23
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
(Continued)
Here are the Projects Underway:
Projects Underway T,
a Great Neck Indoor Shelter—District 8(Construction) —h3.. —-
4.
PAAC Sports Management Office—District 2(Construction) ' �" Air
Bayville Park Restroom—District 9(Construction) - -- ,i • "_ 1-
-
Level Green Park Improvements—District 7(Design) 3 < l
t
Mt.Trashmore Stairs Replacement—District 3(Design)
---�y— .; tic
Ott
Projects Underway - ARPA Funds
Green Run High School Tennis Courts—District 10(Construction)
Little Island Park Parking Lot Expansion—District 2(Design)
Lynnhaven Yard Relocation—District 2(Design) _—
Munden Point Restroom—District 2(Design)
Bayville#2 Restroom—District 9(Design)
Playground Replacements—Citywide(Design/Construction)
Red Wing Park Entrance Widening—District 5(Design)
lign • , - .':, ".j.fitv;:',`IV...41 ...iiii‘,:-, ;:4. •-t. '--
W 1
April 18, 2023
24
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PARKS AND RECREATION OPERATING& CIP
ITEM#74091
(Continued)
Conclusion
• Existing P&R CIP Programs have remained flat for over a decade.
• Deferred maintenance continues to grow.
• No funding to build new parks.
• New properties continue to be acquired&Open Space program active. 5;
• Several good projects underway....BUT
• Inflation challenges and additional unanticipated costs in FY24 CIP will
• Result in less projects being accomplished
• Grow deferred maintenance backlog further.
Y v N�V
.-� �. � _
THREE OAKS COMMUNITY PARK
Mayor Dyer expressed his appreciation to Mr. Kirschman for the presentation.
April 18, 2023
25
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC AND TOURISM DEVELOPMENT CIP
ITEM#74092
1:58 P.M.
Mayor Dyer welcomed Emily Archer, Project Development Manager. Ms. Archer expressed her
appreciation to City Council for their continued support:
FY 2023-24 to FY 2028-29
Economic and Tourism Development
Capital Improvement Program
Emily Archer
April 18,2023
The next three(3)slides provide Projects with No Change:
Projects with No Change
CURRENT APPROPRIATED FY 25-
CIP M,TITLE DISTRICT TOTAL BTC
PHASE TO GATE FY 24 FY 29
100001,17.St.Improvements,Phase I 5,6 Design $25,416,516 $25,416,516$11,183,484
100630,17.St.Regional Stormwater
Facility 6 Planning $2,770,000 $15,930,000 $18,700,000 -
100300,Atlantic Ave.Street Improvements 5,6 Design $11,900,000 $11,000,000 $25,200,000 $48,100,000 -
100145,Atlantic Park Acquisition 6 Ongoing $9,194,182 - - $9,194,182
100146,Atlantic Park Entertainment Venue 6 Construction $48,437,000 - - $48,437,000
100147,Atlantic Park Parking 6 Construction $49,500,000 - - $49,500,000 -
100148,Atlantic Park Streetscapes 6 Construction $7,500,000 - - $7,500,000
100606,Atlantic Park Offsite Infrastructure 6 Construction $25,434,965 -- - $25,434,965
100286,Oceanfront Restrooms 5,6 20th St restroom $2,333,484 $500,000 - $2,833,484
construction
100631,Resort Area Site Acquisition 5,6 Ongoing $12,900,000 - - $12,900,000 -
100059,Resort Parking District 5,6 Ongoing $26,125,000 - 560,000,000 $86,125,000
100629,Sports Tourism Infrastructure Citywide Planning $1,950,000 $17,550,000 - $19,500,000
100466,Virginia Beach Sports Center 6 Storage Facility $73,651,047 - - $73,651,047
Design
100628,Visitor Information Services 5,6 Study $1,000,000 - - $1,000,000
Tourism Investment Program(TIP)
April 18, 2023
26
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC AND TOURISM DEVELOPMENT CIP
ITEM#74092
(Continued)
Projects with No Change
APPROPRIATED FY 25-
OP 4,TITLE DISTRICT CURRENT PHASE FY 24 FY 29 TOTAL ITC
TO DATE100002,17'h St.Improvements Phase II 6 Design $442,640 $442,640 $48,438,360
100575,31n St Stage Canopy 6 Bidding $2,470,000 - - $2,470,000
100014,APZ-1 Economic Incentives Citywide Ongoing $1,857,692 - - $1,857,692
100639,Cape Henry Lighthouse Restoration 6 Planning $1,918,119 - - $1,918,119
100635,Corporate Landing Business Park 5 Phase I Construction $5,000,000 55,000,000 - $10,000,000
100251,London Bridge Commerce Center 6 Construction Design $3,895,100 - - $3,895,100
100459,ViBe District Street Infrastructure 5,6 18"St Construction
Start in May $10,875,750 $10,875,750
City Funding
Partial Federal/State Funding
Projects with No Change
CIP#,TITLE APPROPRIATED FY24 FY25 FY26 FY27 FY28 FY29 TOTAL
TO DATE
100157,Economic Development
Investment Program II(EDIP) $7,418,426 $1,659,582 $1,560,007 $1,466,406 $1,378,422 $1,295,717$1,295,717$16,074,277
100282,Oceana&ITA Conformity
&Acquisition II $8,067,649 $0 $1,000,000 $1,000,000 $1,000,000 $1,000,000$1,000,000$13,067,64�
100283,Oceanfront Capital
Projects Reinvestment $6,580,877 5600,000 $600,000 $600,000 $600,000 $600,000 $600,000 $10,180,877
100285,Oceanfront Parking $4,831,269 $500,000 $500,000 I $500,000 $500,000 $500,000 $500,000 $7,831,269
Facilities Capital Maintenance
100399,Strategic Development
Projects $11,379,687 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $12,879,687
100577,Strategic Site Acquisition
and Disposition $2,250,000 $1,000,000$1,000,000$1,000,000$1,000,000 $1,000,000$1,000,000$8,250,000
100420,Town Center Garage& $2,763,630
Plaza Capital Maintenance II $352,726 $352,726 $352,726 $352,726 $352,726 $352,726 $4,879,986
100421,Town Center Reinvestment $750,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $1,650,000
100456,Virginia Beach
Amphitheater Capital Maintenance $3,841,446 5200,000 $200,000 $200,000 $200,000 $200,000 $200,000 $5,041,446
City I Town Center Parking Enterprise n Partial Federal/State
Funding SSD Fund Funding
April 18, 2023
27
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC AND TOURISM DEVELOPMENT CIP
ITEM#74092
(Continued)
The next few slides provide Projects with Modifications:
Projects with Modifications
to
Project Council District Appropriations
FY24 Budget FY2s-29 Budget Total
100048,Burton Station 4 S5,491,465 S9,000,000 S3,120,000 S17,611,465 SO
RD Improvements III
100262,Lynnhaven
Parkway Corridor 3 44,625,000 S1,150,000 SO 45,775,000 SO
Improvements
100576,VA Beach
Innovation Park 2 $6,000,000 S12,659,000 S0 S18,659,000 S0
Infrastructure II
100489,Winston Salem 5 S8,920,000 S5,000,000 SO S13,920,000 SO
Avenue Improvements
Major Challenges
• Overall price uncertainty, market
volatility and workforce shortages are
making it challenging to advance a fit
project to construction IN `.
• Project delays due to supply chain Irlf:+!«�
shortages
• Four projects requesting increases
(�
31^5treet Canopy Project(100575)Rendering
totaling$21.9 million in requested Construc ion delayed until October 2023 due to s eel lead times
funding
April 18, 2023
28
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC AND TOURISM DEVELOPMENT CIP
ITEM#74092
(Continued)
Burton Station Rd Improvements III
(#100048)
Balance to
Council District Appropriations to Date FY24 Budget FY25-29 Budget Total Complete
4 S5,49,465 S9,000,000 S3,120,000 S17,611,465 SO
Project extends from Tolliver Way to Air Rail Avenue and
provides infrastructure necessary to support the Burton
Station Master Plan implementation
An increase is needed for rising construction costs,
material inflation,and scope changes related to =" 4
stormwater requirements
Lynnhaven Parkway Corridor Improvements
(#100262)
Council DistrictAppropriations to Date FY24 Budget FY25-29 Budget Tool Balance to
Complete
3 S4,625,000 S1,150,000 SO S5,775,000 SO
Project to provide better connectivity,safety and
aesthetic improvements between Interstate 264 and
Lishelle Place •
An increase is needed for escalating construction costs,
inflation and additional signal work needed after recent
•
field investigations •
Final easement dedications are being secured and
construction could begin by the end of 2023
April 18, 2023
29
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC AND TOURISM DEVELOPMENT CIP
ITEM#74092
(Continued)
VA Beach Innovation Park Infrastructure II
(#100576)
Council District Appropriations to Date FY24 Budget FY25-29 Budget Total Balance to
Complete
2 S6,000,000 S12,659,000 SO S18,659,000 SO
Project to extend Hudome Way and utilities,add a traffic
signal on Princess Anne Road,install a replacement pump wit
station and add three stormwater management facilities
in order to make 60 acres available for development411101111
Rising construction costs and material inflation along
with increased scope due to poor soils,stormwater
requirements and betterment of sanitary services
Winston Salem Avenue Improvements
(#100489)
Council District Appropriations to Date FY24 Budget FY25-29 Budget Total Balance to
Complete
5 S8,920,000 S5,000,000 SO S13,920,000 50
Project to improve safety and pedestrian access between .
Pacific and Mediterranean Avenues
The project was bid in the summer of 2022 and the Afti
lowest responsive bidder's estimate was approx.$5M % ' t
over the funding available due to material availability and 1
overall inflationary cost increases
April 18, 2023
30
CITY MANAGER'S BRIEFINGS
FY2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC AND TOURISM DEVELOPMENT CIP
ITEM#74092
(Continued)
Thank You
• Questions?
Mayor Dyer expressed his appreciation to Ms. Archer for the presentation.
April 18, 2023
31
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC DEVELOPMENT
ITEM#74093
2:20 P.M.
Mayor Dyer welcomed Kathy Warren, Deputy Director. Mrs. Warren expressed her appreciation to City
Council for their continued support:
Department of Economic
Development
FY 2023-24 Proposed Budget
Kathy Warren,Deputy Director
April 18,2023
Here is the Organization Summary:
Organization Summary
yE Number of Divisions Total FY 2023-24 Budget
34.00 4 $16,078,361
April 18, 2023
32
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC DEVELOPMENT
ITEM#74093
(Continued)
FY 2023-24 Programmatic Budget
PROPOSED
Growsmart,$452,1363,3%
SSD,$3,728,706,23%
General Operating,
HIVE,$144.069,176 $5,532,538,34%
Parking,$6,220,116,39% - -
Here is 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
GrowSmart $498,054 3 $452,863 3 ($45,191) -9%
The HIVE $144,069 1 144,069
General Operations $6,310,292 23 $5,532,538 23 ($777,754) -12.3%
General Fund Subtotal $6,808,346 26 $6,129,470 27 ($678,877) -9.9%
Parking Enterprise Fund Total $5,972,167 7 $6,220,186 7 $248,019 4.1%
Town Center SSD Fund $3,509,216 0 $3,728,706 0 $219,490 6.3%
Total $16,289,729 33 $16,087,362 34 ($202,367) -1.2%
Apri118, 2023
33
CITY MANAGER'S BRIEFINGS
FY2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC DEVELOPMENT
ITEM#74093
(Continued)
Here are Major Changes&Initiatives:
Major Changes & Initiatives
The HIVE business program is adding increased training and workforce
development opportunities and create an innovative entrepreneurial ecosystem
and is directly tied to the City's Strategic Plan of Growing Economic Opportunity,
which includes building opportunities for SWaM(Small Women and Minority)
owned businesses.An Office Assistant is added to focus on maintaining a
consistent presence at the front desk of the facility,managing the conference
facilities,and other administrative duties.
• Town Center Project Coordinator—Position Reclassification.
• Town Center Special Services District moved to Economic Development to more
accurately reflect how the fund is managed.
Initiatives Underway & Conclusion
• Offshore Wind - Economic Development's focus has been on building
the supply chain,workforce training, and helping to ensure that
appropriate sites for infrastructure are available from Virginia Beach's
shores to the grid.
• In FY23, it is anticipated that our EDIP grants of$4.7M will incentivize
Capital Investment of$486 M with 423 jobs retained and 1,287 new
jobs created
April 18, 2023
34
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
ECONOMIC DEVELOPMENT
ITEM#74093
(Continued)
Questions?
Mrs. Warren continued to the next presentation.
April 18, 2023
35
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PLANNING AND COMMUNITY DEVELOPMENT
ITEM#74094
2:31 P.M.
Planning & Community
Development
FY 2023-24 Proposed Budget
Kathy Warren,Interim Director
April 18,2023
VBCITY OF VIRGINIA BEACH
Planning&Community
-tetwe Development
Here is the Organization Summary:
Organization Summary
Total FTEs Number of Divisions Total FY 2023-24 Budget
143 5 $14,055,053
April 18, 2023
36
CITY MANAGER'S BRIEFINGS
FY2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PLANNING AND COMMUNITY DEVELOPMENT
ITEM#74094
(Continued)
FY 2023-24 Programmatic Budget
PROPOSED
DSC,$3,114,665,22:- Director's Office,$2,015,250,14%
Zoning,$1,955,024,14% -
Permits&Inspections,
C6PA,S13,100,0% _ $5,077,092,36%
Planning Administration, - -
$1,679,912,14%
Here is 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
Director's Office $1,996,198 19 $2,015,250 19 $19,052 0.95%
Permits and Inspections $4,982,699 60 $5,077,092 61 $94,393 1.89%
Planning Administration $1,965,727 14 $1,879,922 14
CBPA $5,500 0 $13,100 0 $7,600 138.18%
Zoning $1,913,832 21 $1,955,024 21 $41,192 2.15%
DSC(PU) $3,067,430 28 $3,114,665 28 $47,235 1 54%
Total General Fund $13,931,386 142 $14,055,053 143 $123,667 0.89%
April 18, 2023
37
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PLANNING AND COMMUNITY DEVELOPMENT
ITEM#74094
(Continued)
Here are Major Changes&Initiatives:
Major Changes & Initiatives
• Implementation of Revised Stormwater Management Regulations-City Council approved
changes to the regulations and ordinances in March 2022.Staff continues to implement
these changes and refine requirements to maintain resiliency while streamlining review of
development plans.Additional updates are expected with a special task force as
recommended by the Process Improvement Steering Committee.
• Short-Term Rental Enforcement Short-Term Rental(STR)Enforcement will continue to be a
high priority this year with regulations and processes set in place.Planning is working on
transitioning from a reactive model of enforcement to a proactive model.Enforcement will
prioritize those STRs with active complaints,followed by those that have not submitted
applications for a STR permit.
Establishment of a Right-of-Way Office within the Planning Department.One
Right-of-Way Coordinator position has been approved to start the consolidation process of
Public Works and Planning Department staff working with Right-of-Way issues.More staff
and operating expenses could be added in the future if additional tasks are identified and
workload increases.
Initiatives Underway & Conclusion
• IT/Planning Federated Model One Year Anniversary- A collaboration between Planning
and IT staff to troubleshoot hardware solutions and provide custom programming. In its
first year, the Planning Tech Team has improved business process workflows and
reporting capabilities resulting in improved Customer Service delivery.
• Permits and Fees-In FY23,several permits and fees were increased to assist in covering
programmatic costs.No changes are anticipated in revenue projections in FY24.
• Staffing -Although there are still challenges with hiring staff there have been positive
gains in recent months by filling 40%of vacant positions.
• Comprehensive Plan - Preliminary work on the Comp Plan is already underway and
consultant services have been secured. Community engagement, data collection, and
report preparation will begin this Spring.
April 18, 2023
38
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
PLANNING AND COMMUNITY DEVELOPMENT
ITEM#74094
(Continued)
Questions?
Mayor Dyer expressed his appreciation to Mrs. Warren for the presentation.
April 18, 2023
39
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
AQUARIUM
ITEM#74095
2:42 P.M.
Mayor Dyer welcomed Cynthia Whitbred-Spanoulis, Director. Mrs. Whitbred-Spanoulis expressed her
appreciation to City Council for their continued support:
FY 2023-24 Department of the
Virginia Aquarium
Proposed Budget
Cynthia Spanoulis
April 18,2023
` VIRGINIA
4 AQUARIUM
& MARINE SCIENCE CENTER
Here is the Organization Summary:
Department of the Virginia Aquarium
Organization Summary
Number of Divisions Total FY 2023-24 Budget
125.00 Full-time 10.60 Part-time $16,021,491
Earned Operating Revenues $12,883,794
General Fund Support $3,137,697
$16,021,491
April18, 2023
40
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
AQUARIUM
ITEM#74095
(Continued)
FY 2023-24 Programmatic Budget
PROPOSED
Marketing,
General Administration, $1,605,895,10%
$2,925,808,18%
Gift Store,$1,618,287,10%
Veer-ar;Se-vices.
55,:6,7,3`,
Animal Care,
$2,385,611,15% Exhibits and Faa3ities-
$1,950,504,12%
Aquarium Foundation, - Research and Conservation,
$1,113,969,7% - - $730,867,5%
Guest Experience,
52,335,653,15%
Here is the Department Operating Expenditures:
Department of the Virginia Aquarium
Operating Expenditures
Pro ram FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24
g Amended 1 FTE Proposed FTE Change
Marketing $1,428,052 6 $1,605,895 6 $177,843 12.45%
Gift Store $1,479,409 5 $1,618,287 5
$138,878 9.39%
Science Education $721,862 10 $813,250 9
$91,388 12.66%
Exhibits and Facilities $1,744,646 14.5 $1,950,504 12.4 $205,858 11.80%
Research and Conservation $664,440 7.5 $730,867 7 $66,427 10.00%
Guest Experience $1,985,923 17.5 $2,335,653 19 $349,730 17.61%
Aquarium Foundation $1,162,403 18.35 $1,113,969 17.2 ($48,434) -4.17%
Animal Care $2,330,267 30 $2,385,611 30 $55,344 2.38%
Veterinary Services $525,271 4 $541,647 4 a
$16,376 3.12,E
General Administration $2,995,627 16 $2,925,808 16
Total $15,037,900 128.85 $16,021,491 125.60 $983,591 6.54% __
April 18, 2023
41
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
AQUARIUM
ITEM#74095
(Continued)
Here is the Department Operating Revenues:
Department of the Virginia Aquarium
Operating Revenues
Pro ram FY 2022-23 FY 2023-24 Chan e
g Amended Proposed g
Admissions $7,588,000 $8,130,000 $542,000 7.1%
Memberships $1,250,000 $1,084,000 ($166,000) -13.3%
Parking Fees $300,000 $400,000 $100,000 33.3%
Gift Store $1,912,000 $2,090,825 $178,825 9.4%
Foundation Transfer to City $1,168,931 $1,113,969 ($54,962) -4.7%
Rental Income $15,000 $15,000 $0 0.0%
license Plates $50,000 $50,000 $0 0.0%
Total Operating Revenues 1 $12,283,93
Total Operating Expenditures $15,037,.i' $16,021,491 $983,591 IMIM
Total General Fund Support $2,713,96' $3,137,697 $383,728 MEM
Here are Major Changes&Initiatives:
Major Changes & Initiatives
Expand digital marketing outreach beyond Hampton Roads to
Richmond,VA&Washington DC to increase revenues to support
Aquarium operations
Enhancing our Staff and Volunteers with professional development
opportunities and branded volunteer shirts
Infrastructure Needs (one time request)
• Guest Information Booth to assist with paid parking
• Lobby Remodeling of entrance and admissions line for guest services area
• Updated lighting and sound systems
April 18, 2023
42
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
AQUARIUM
ITEM#74095
(Continued)
Initiatives Underway & Conclusion
• Updated economic impact analysis for the Aquarium's fiscal
contributions to the City of Virginia Beach and the Commonwealth of
Virginia
• Identification and implementation of action steps necessary to
execute the recently updated Strategic Plan
• Virginia Aquarium Foundation Fundraising Capacity Study paused
Mayor Dyer expressed his appreciation to Mrs. Whitbred-Spanoulis for the presentation.
April 18, 2023
43
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
HUMAN SERVICES
ITEM#74096
3:14 P.M.
Mayor Dyer welcomed Aileen Smith, Director. Ms. Smith expressed her appreciation to City Council for
their continued support:
FY 2023-24 Proposed
Budget
Aileen L.Smith,Human Services Director
April 18,2023
NAM
Human
Services
Here is the Organization Summary:
Organization Summary
Number of Divisions a ,_ginik -- :'E:,:1 - 9,
1187.57 4 $139,809,246
April 18, 2023
44
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
HUMAN SERVICES
ITEM#74096
(Continued)
FY 2023-24 Programmatic Budget
PROPOSED
•Administration,
10,361,057
Soctal Services,
39,939596
-.avcra Meahh�rd
Deveiopne^:a.
Services(3F.D5),
65,5:3,_93
Administration includes Continuous Quality Improvement and Business Management Services
FY 2023-24 Revenue Budget
PROPOSED
•r,5>'7.5G9 _Trans.In,$079.762
Feu,S2.6,730.134
April 18, 2023
45
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
HUMAN SERVICES
ITEM#74096
(Continued)
Here is the Department Operating Budget:
Department Operating Budget
FY 2022-23 FY 2022-23 FY 2023-24 FY 2023-24
Division Adopted FTE Proposed FTE Change
Administration S11,851,258 113.07 S10,361,457 109.07 (S1,489,801) -12.6%
Social Services $57,332,523 400.56 S59,939,596 399.56 S2,607,073 4.5%
Behay.Health&Dev.Services S65,870,838 677.94 S69,508,193 678.94 S3,637,355 5.5%
Total S 135,054,619 1191.57 S 139,809,246 1187.57 S4,754,627 3.5%
Change in Position Count Details
During FY 2023,OHS had ten(-10)vacant positions that were requested to support other City initiatives.We are
requesting that five(+5)of these positions be restored in the DHS FY 2024 budget.These positions would be utilized
in Behavioral Health to support additional services that are under development.'
The next two (2)slides provide an overview of Accomplishments:
Accomplishments in Social Services
• Child Welfare has finalized 66 adoptions in the past two years and 192 children have been
discharged from foster care in the last two years prior to reaching their 18th birthday.
• Thirty-two new foster families graduated from New Generation training to become foster parents
and/or kinship foster parents for our Virginia Beach children.
• The VBDHS Benefits Division met the 97%or above target for compliance with the Supplemental
Nutrition Assistance Programs(SNAP)for 9 consecutive months in 2022. On average,our Benefit
Specialist staff members process 1700 applications monthly for Virginia Beach residents.
• In September 2022,the Employment Services Program launched a monthly Hiring Event at the
Housing Resource Center. Individuals were offered pre-interview assistance,mock interviews and
resume review. To date,there have been six(6)events averaging 50%of applicants hired on the
spot with conditional offers.
April 18, 2023
46
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
HUMAN SERVICES
ITEM#74096
(Continued)
Accomplishments in BHDS
• Implemented the Marcus Alert Program in Virginia Beach,enhanced our crisis response
services,and collaborated with our city partners to launch the 988 crisis call number.
• Expanded Child&Youth clinic services within the Juvenile Detention Center to include
outpatient therapy,psychiatric evaluations,and medication management.
• Hired 2 Child&Youth Rapid Response staff to provide screening and assessment to
elementary school children identified by the schools to have a possible behavioral health
need.
• Added a behavioral health specialist to the Community Employment Options(CEO)team
in Developmental Services to coordinate integrated services for those individuals with a
dual diagnosis or behavioral health need.
• In December of 2022,DHS received a 3-year accreditation through the Commission on
Accreditation of Rehabilitation Facilities(CARF).Community Employment Options(CEO)
was the program of note for the accreditation.CEO was commended on its quality of
service.Our Human Services agency was identified as being in the top 3%of accredited
agencies internationally.
Here are Major Changes&Initiatives:
Major Changes & Initiatives
Pathways Center
In 2002,the City of Virginia Beach opened our Pathway Center which is a 24/7 crisis stabilization
facility for individuals with mental health,substance use,or co-occurring disorders.The program
provided medically monitored detoxification services and linkage to continuing outpatient
treatment and services with a capacity of 16 beds.
Current Situation Looking Forward
National nursing workforce shortage impacted BHDS leaders have identified options for
community and led to closure in Nov 2021 alternative addiction treatment strategies to
Despite intensive recruitment and new meet community needs:
strategies,shortages have continued and o Intensive Outpatient Program(capacity 60)
expanded in critical fields: o Specialized Addiction Individual&Group
oNurses Therapy(capacity 20-25)
oClinicians o Peer Drop-In Center(capacity 20)
oPrescribers
April 18, 2023
47
CITY MANAGER'S BRIEFINGS
FY2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
HUMAN SERVICES
ITEM#74096
(Continued)
Major Changes & Initiatives
Opioid Abatement
The Commonwealth of Virginia unanimously agreed to settle litigation involving prescription opioid manufacturers and
distributors.An Opioid Abatement Authority(OAA)was created by State Legislature to administer allocation of the funds.
Funding Strategies
• The OAA distributed$1,744,533 for FY 2022/23 to • Stakeholder groups being held to collect feedback
Virginia Beach. including DHS,Sheriff's Office,VB Police,EMS,
• On average,$300,000 to$500,000 is scheduled for Health Department,Commonwealth Attorney's
payment from FY 2024—FY 2032 and we will Office,and others.
continue to receive on average,$375,000 between FY Initiatives being considered include expanded jail
2033-FY 2039 SUD clinical services for inmates,new Peer-run
Recovery Drop-in Center,community education and
prevention services,and supportive community
based services for families impacted by opiate use.
Questions?
VB
Mayor Dyer expressed his appreciation to Ms. Smith for the presentation.
April 18, 2023
48
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
COMMUNICATIONS
ITEM#74097
3:29 P.M.
Mayor Dyer welcomed Tiffany Russell, Director. Ms. Russell expressed her appreciation to City Council
for their continued support:
FY 2023-24 Proposed
Budget
Tiffany Russell,Director of Communications
April 18,2023
CITY OF VIRGINIA BEACH
Communications
Here is the Organization Summary:
Organization Summary
1111111EMEIP 1 Number of Divisions Total FY 2023-24 Budget
25 5 $2,844,730
April 18, 2023
49
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
COMMUNICATIONS
ITEM#74097
(Continued)
Here is 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
General Operations $2,444,567 25 S2,54,730 27 $400,163 16.4%
Here are Major Changes&Initiatives:
Major Changes & Initiatives
• Software support ($119K)
• Sprout Social—social media monitoring tool
• Asana project management
• Adobe Creative Cloud
• Canva graphic design
FTE Request: Executive Assistant II
• Department administrative support,shared-use community event calendar
FTE Request: Media Communications Coordinator III
• Community engagement business unit support,SpeakUpVB.com
April 18, 2023
50
CITY MANAGER'S BRIEFINGS
FY 2023-24 RESOURCE MANAGEMENT PLAN(BUDGET) OPERATING
AND CAPITAL IMPROVEMENT PROGRAM(CIP)
COMMUNICATIONS
ITEM#74097
(Continued)
Initiatives Underway & Conclusion
Evolving internal and external communication strategies to align with
employee feedback and resident satisfaction survey
• Usefulness of City website
• Virginiabeach.gov web content migration
• Availability of information about local government services and activities
• Enhanced storytelling and email marketing capabilities
• Opportunities for resident participation in City policy development and
decision making
• Piloting community engagement tool functionality,outreach to neighborhood
associations and community groups to build database,DEI communication training
Mayor Dyer expressed his appreciation to Ms. Russell for the presentation.
April 18, 2023
51
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74098
3:37P.M.
Council Member Ross-Hammond introduced the Body to her Legislative Aide, Dr. Johnson, who was in
attendance and advised she is a retired professor from Norfolk State University and has already been very
helpful.
April 18, 2023
52
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74099
(Continued)
Council Member Schulman advised he and Council Member Ross-Hammond attended the South Hampton
Roads Bar Association(SHRBA) 100"Anniversary Gala on April 15`''. Council Member Schulman advised
he spoke on behalf of Mayor Dyer to express appreciation for hosting the Gala in the City and welcomed
the Honorable Supreme Court Justice Powell, who is the first African American to serve on the state's
Supreme Court and attended as a keynote speaker in honoring Mr. William T. Mason, Jr., Esq., President
Emeritus. Council Member Schulman expressed his appreciation to the SHRBA for their commitment to
justice as well as their contributions to the legal community.
April 18, 2023
53
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74100
(Continued)
Council Member Schulman advised he was interviewed by a reporter from News Channel 3 to address
citizens'concerns on the delay of the Shore Drive Corridor Road Improvement Project Phase IV. Council
Member Schulman expressed his appreciation to City Manager Duhaney for providing an explanation for
the delay and will be working with him to ensure the project is progressing through completion.
April 18, 2023
54
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74101
(Continued)
Council Member Wooten advised on April 15t, she attended the Criminal Justice Forum hosted by Team
Lamb, with Norfolk Commonwealth's Attorney Ramin Fatehi providing information about the impacts of
incarceration on the prisoner's families and restoration of voter rights. Council Member Wooten advised
April is Second Chance Month, recognizing those previously incarcerated.
Mayor Dyer advised the HOPE initiative is working with Shawn Avery, President and CEO of the Hampton
Roads Workforce Council, to provide a program that will offer education and employment to those being
released from incarceration.
Council Member Holcomb advised for the past eight(8)years the Virginia Beach Sheriff's Office (VBSO)
has been at the tip of the spear with the re-entry program having a 90%success rate. Council Member
Holcomb advised the VBSO recognizes the importance of giving those incarcerated hope for their futures
when they are released and become members of this community again.
April 18, 2023
55
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74102
(Continued)
Council Member Holcomb advised the Clean Community Commission hosted the Great American Clean
Up on March 25th and collected 31,000 pounds of trash and construction debris from Marshview Park in
only four(4)hours by forty-nine(49) volunteers. Council Member Holcomb expressed his appreciation to
everyone who organized and participated in the event.
April 18, 2023
56
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74103
(Continued)
Council Member Holcomb advised he and Vice Mayor Wilson attended the School Board Workforce
Development Committee on April 17th where Committee Members, school faculty and business leaders
discussed employment and educational options for High School graduates who may not want to go on to
college. Council Member Holcomb advised there are several options available such as technical training
for welding, plumbing and mechanic. Council Member Holcomb expressed his belief this will be a very
productive Committee as the continue their work.
April 18, 2023
57
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74104
(Continued)
Council Member Holcomb advised Fire Captain Matt "Chevy"Chiaverotti passed away on April 17t after
battling anaplastic thyroid cancer. Council Member Holcomb advised Captain Chiaverotti worked the
"Good Friday Miracle"when the Navy jet crashed into the apartment complex in 2012. Council Member
Holcomb advised four(4) others who responded to work the crash have also been diagnosed with cancer,
though there is no confirmation that exposure to the toxic air caused their cancer. Council Member
Holcomb advised Captain Chiaverotti left behind his wife and young son and was quoted last month for
saying, "If I went back there today, I would do the exact same thing, because that's what we do. "Council
Member Holcomb expressed to Captain Chiaverotti, "You're a true hero and rest easy,your brothers and
sisters will stand the watch, thank you for your service".
April 18, 2023
58
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74105
(Continued)
Council Member Taylor advised he and Council Member Rouse attended the Housing Advisory Board
meeting on April 17`h and the Housing Summit will be held on May 24th at the Central Library and will
discuss workforce and affordable housing.
April 18, 2023
59
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74106
(Continued)
Council Member Ross-Hammond advised she was humbled recently when she was chosen as the first black
woman to Chair the Hampton Roads Transit Commission.
April 18, 2023
60
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74107
(Continued)
Council Member Rouse advised on April 17`h, she held her first Town Hall and expressed her appreciation
to Phil Pullen from Public Works, Captain Clark from the 1 S`Police Precinct, Lieutenant Gervin from the
4th Police Precinct, Drew Lankford, Lauren Hopkins and Taryn Denham for helping to organize the event.
April 18, 2023
61
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74108
(Continued)
Council Member Rouse advised on April 29"from 8:30 a.m. — 12:00 p.m., the Parks and Recreation
Department and GrowSmart will host a free family day at Mount Trashmore. Council Member Rouse
advised the event is being held to bring awareness to child abuse prevention and Month of the Military
Child, and added, there will be a fun run, inflatables, children's activities and community exhibits.
April 18, 2023
62
AGENDA REVIEW SESSION
ITEM#74109
4:00 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: .
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AUTHORIZE the Dedication of a 2,679 square feet(0.06150 acre) Utility Easement
to Dominion Energy Virginia over City-owned property at 1525 Salem Road re serve HRSD
facilities
2. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding
(MOU)between the City and the Navy at Navy Bases located in Virginia Beach re coordination of
law enforcement
3. Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake,
Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach and the Transportation District
Commission of Hampton Roads
4. Ordinance to ESTABLISH Capital Project#100664 "5/31 Memorial"; TRANSFER$1.2-Million
from the General Fund Vacancy Savings to Capital Project #100664; AUTHORIZE the City
Manager to negotiate a design contract with Dills Architects, PC and APPROVE the 5/31
Memorial site
5. Ordinance to ACCEPT and APPROPRIATE $4,660,479 from the Virginia Department of
Transportation (VDOT) to the FY 2022-23 Public Works Operating Budget and TRANSFER
$4,660,479 to the FY2022-23 Capital Improvement Program as pay-as-you-go funding re Capital
Project#100401 "Street Reconstruction II"
6. Ordinance to ACCEPT and APPROPRIATE $784,142 reimbursement from Mancon, LLC;
APPROPRIATE $1-Million from the City Garage Internal Service Fund Balance and
TRANSFER $1-Million from capital outlay accounts to the FY2022-23 City Garage Internal
Service Fund Operating Budget re increase cost of parts
K. ORDINANCES/RESOLUTIONS:
VICE MAYOR WILSON WILL ABSTAIN ON ITEM#1
April 18, 2023
63
AGENDA REVIEW SESSION
ITEM#74109
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. DAVID C. & MERIL B. GERSTENMAIER for a Street Closure re fifteen (15)-foot portion of
an unimproved, unnamed alley adjacent to 650 South Atlantic Avenue & Lot 22, Block 20,
Croatan Beach DISTRICT 5 (formerly District 6—Beach)
2. BORN PRIMITIVE, LLC/MODERN SAVAGE INVESTMENTS, LLC for a Modification of
Proffers to a Conditional Change of Zoning re office warehouse at Southeastern corner of the
intersection of Virginia Beach & North Oceana Boulevards DISTRICT 6 (formerly District 6—
Beach)Approved February 24, 2004
3. B AND B ASSOCIATES OF VIRGINIA, INC/INDIAN RIVER APARTMENTS, LLC for a
Change in Nonconformity re expansion of apartment complex at 1008 Mineola Drive DISTRICT
1 (formerly District 2—Kempsville)
4. JOE WHITE /PEMBROKE SQUARE ASSOCIATES, LLC for a Special Exception for
Alternative Compliance re allow for wall signage larger than what is permitted by the Central
Business Core(CBC)Form Based Code at 4564 Virginia Beach Boulevard DISTRICT 9(formerly
District 4—Bayside)
5. OCEAN CHILLIN,LLC for a Conditional Use Permit re short term rental at 303 Atlantic Avenue,
Unit 300 DISTRICT 5 (formerly District 6—Beach)
6. MICHAEL BIONDOLILLO/HELEN A. LEWIS for a Conditional Use Permit re short term
rental at 2113 Atlantic Avenue, Unit 2C DISTRICT 6(formerly District 6—Beach)
7. CAYMUS PROPERTIES,INC for Conditional Use Permits re short term rentals at 509& 511
19`h Street DISTRICT 6(formerly District 6—Beach)
April 18, 2023
64
ITEM#74110
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
• District 6
SECURITY MATTERS:Discussion of plans to protect public safety as it
relates to terrorist activity or specific security threats or vulnerabilities
and briefings by staff members, legal counsel, or law enforcement or
emergency service officials concerning actions taken to respond to such
matters or a related threat to public safety; discussion of information
excluded from this chapter pursuant to subdivision 3 or 4 of Section 2.2-
3705.2, where discussion in an open meeting would jeopardize the safety
of any person or the security of any facility, building, structure,
information technology system, or software program; or discussion of
reports or plans related to the security of any governmental facility,
building or structure, or the safety of persons using such facility, building
or structure pursuant to Section 2.2-3711(A)(19).
• Cyber Security Briefing
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 18, 2023
65
ITEM#74110
(Continued)
Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council
voted to proceed into CLOSED SESSION at 3:58 P.M.
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
Break 3:58 P.M. — 4:17 P.M.
Closed Session 4:17 P.M. — 5:47 P.M.
April 18, 2023
66
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
APRIL 18,2023
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 18, 2023, at 6:00 P.M
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick,Dr.Amelia N. Ross-Hammond, N.D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
INVOCATION: Pastor Scott Rimer
Community United Methodist Church
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 341h Street Suite 102,
Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of
Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest
in numerous matters in which she is not personally involved and of which she does not have personal
knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for
each meeting of City Council for the purpose of identifying any matters in which she might have an actual
or potential conflict. If during her review of the agenda for any given meeting of the Council,she identifies
a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
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
April 18, 2023
67
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 18, 2023
68
V.F
CERTIFICATION
ITEM#74111
Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, 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, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond,N.D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
Gl1I'BEA0
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0.
OF OURNiki,°'e
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#74110 on Page 65 and in accordance with the provisions of The
Virginia Freedom of Information Act;and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
Am a arne , MM
City Clerk
April 18, 2023
69
ITEM— V.G.1
MINUTES
ITEM#74112
Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 4, 2023
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
70
ITEM— V.G.2
MINUTES
ITEM#74113
Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council
APPROVED the MINUTES of the SPECIAL FORMAL SESSION of April 11,2023
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
71
ITEM— V.H.1
MAYOR'S PRESENTATIONS
ITEM#74114
PROCLAMATION
NATIONAL VOLUNTEER WEEK
Council Member Henley, on behalf of Mayor Dyer, welcomed Audravette Jackson and read the
Proclamation proclaiming April 16 — 22, 2023 as, "NATIONAL VOLUNTEER WEEK". National
Volunteer Week was established in 1974 by Presidential Proclamation and the City recognizes over 9,300
volunteers who gave 790,000 hours of their time in 2022. Council Member Henley called on all residents
to recognize the positive impact of volunteerism in the City's many communities.
Ms. Jackson expressed her appreciation to City Council for this recognition and advised it is an honor to
accept this Proclamation. Ms.Jackson recognized Ms.Mary Russo who established the Office of Volunteer
Resources forty-five (45)years ago and is proud to carry on Ms. Russo's legacy. Ms. Jackson expressed
her appreciation to the thousands of volunteers in the City who bring experience, vision, leadership and
inspiration.
April 18, 2023
41.0141A4.-
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8°F' OUR NATO
to tiamatton
Whereas National Volunteer Weekwas esta6$shed in 1974 6y('residential4'roclamation and
has continued annually to recognize the impact of volunteer service throughout the
country;and
'Whereas: the City of'Virginia Beach is proud of the thousands of volunteers who sessly
provide assistance at City government offices and programs, non profits,faith-based
organizations,and other voluntary organizations each year;and
Whereas: over 9,300 volunteers gave 790,000 hours of their time to City of'Virginia Beach
government programs alone in 2022;and
Whereas: volunteers play an integral role in the fabric of our community by providing an
immense array of services from mentoring our children,feeding the hungry, helping
people recover from emergencies, beautifying our parks and beaches, helping our
seniors,and much more;and
Whereas: volunteers serve our community with compassion and empathy creating positive
change that should never 6e underestimated or ignored but louclry recognized and
cele6rated,•and
Whereas: collectively the workdone 6y volunteers improves the quality of Cafe in'Virginia Beach
making it a more desirable place to live, work and play.
Now,'Zherefore I,Robert M. "Bobby"(Dyer, Mayor of the City of'Virginia Beach, 'Virginia,do
hereby proclaim:
Aprill6-22, 2023
NationaCVo(unteer Week
In'.4rginia Beach,furthermore, and urge our residents to recognize the positive impact
of volunteerism in our communities.
In 'Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of
'Virginia Beach, 'Virginia, to 6e affixed this Eighteenth Day of Apri6 Two'Thousand and Twenty-
Three.
Rp6ert 41. "Bobby"(Dyer
Mayor
72
ITEM— V.H.2
MAYOR'S PRESENTATIONS
ITEM#74115
PROCLAMATION
MONTH OF THE MILITARY CHILD
Council Member Holcomb, on behalf of Mayor Dyer, read the Proclamation declaring April 2023 as,
"MONTH OF THE MILITARY CHILD", recognizing 1.6 million children, with the City's own 16,000, who
have one or both parents serving in the military and the sacrifices they also make when their parent(s)
deploy. Council Member Holcomb encouraged all citizens, City members, schools and organizations
during this month-long salute, to provide direct support to military children and families.
April 18, 2023
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Whereas: thousands of 6raveAmericans have demonstrated their courage and commitment to
freedom 6y serving in the 2)nitedStates 9 filitary in active posts nationwide and
g(o6aly;and
Whereas: and as there are more than 1.6 million military children who face many challenges and
unique elperiences because of their parents'service;and
Whereas: in the City of Virginia Beach,there are approximately 16,000 military children who
have been directly affected 6y military deployment of at feast one parent;and
Whereas: these children are a source of inspiration to us all and it is important that we take
time to recognize their contributions,celebrate their spirit,and assure our men and
women in uniform that while they are protecting our safety andfreedom,we are
taking care of their children;and
'Whereas: the recognition of Month of the 9Kifitary Child allows us to pay tribute to military
children for their commitment,pride,and unconditional support of our troops because
when parents serve in the military,i.heir kids are heroes too.
Wow,'Therefore I,44)6ert 9K. "Bo66y"Dyer, Mayor of the City of Virginia(Beach,Virginia,do
hereby proclaim:
April-
Month of the M'itary Child
In virginiaosach,and encourage all citizens,city members,schools,and organizations during this
month-long salute to provide direct support to military children andfamilies.
In 'Witness Tiftereof I have hereunto set my hand and caused the Official Seat of the City of
'Virginia Beach, Virginia, to 6e affixed this Eighteenth Day of April Two Thousand and Twenty-
Three.
Rp6ert 9,f. 'Bobby"(Dyer
'Mayor
73
ITEM— V.H.3
MAYOR'S PRESENTATIONS
ITEM#74116
RESOLUTION
AUTISM ACCEPTANCE MONTH
Council Member Berlucchi, on behalf of Mayor Dyer, welcomed the following and read the Resolution
declaring April 2023 as, "AUTISM ACCEPTANCE MONTH", which recognizes an estimated 1 in 36 U.S.
children and 1 in 45 U.S.adults with differences in verbal and nonverbal communication,social interaction,
and repetitive behaviors, and can affect anyone. This Resolution recognized each of the eight (8)
organizations in the City providing services to individuals on the Autism spectrum and their families:
Tyler Williamson, Families of Autistic Children of Tidewater(FACT)
Rhonda Osisek, Social Butterflies
Tyler Hart, Commonwealth Autism (CA)
Lider Counseling
Alison Barclift, Sentara
Christine Ross,Aid Another
Leslie Lawrence, Easterseals
Sharon Russell,Autism Society
Each member briefly spoke about their organization and expressed their appreciation to City Council for
this recognition and City Council's continued support.
April 18, 2023
o
4:7 /
OF 0UR NATos
RESOLUTION
WHEREAS: Autism spectrum disorder affects an estimated 1 in 36 U.S. children and 1 in 45 U.S. adults and is a
complex condition that affects each person differently,resulting in unique strengths and challenges;and
WHEREAS:Autism results in differences with verbal and nonverbal communication, social interaction, and repetitive
behaviors,and can affect anyone,regardless of race,ethnicity,gender,or socioeconomic background;and
WHEREAS: Autism is often accompanied by medical conditions that impact quality of life;and
WHEREAS:A comprehensive, collaborative approach will help promote connections to supports, services, community
and resources that individuals on the Autism spectrum need to live fully across their lifespan;and
WHEREAS: early identification and intervention tailored to individual needs can have lifelong benefits, easing the
transition to adulthood and fostering greater independence;and
WHEREAS: each person and family affected by Autism should have access to reliable information and supports;and
WHEREAS: individuals on the Autism spectrum should have opportunities to reach their full potential and the whole of
society stands to benefit from this;and
WHEREAS: eight of the organizations located in Virginia Beach providing services to individuals on the Autism
spectrum as well as family members affected by Autism are:
• Families of Autistic Children in Tidewater(FACT)is a local nonprofit serving hundreds of individuals on the
Autism spectrum each year through social and recreational programs where individuals on the Autism
spectrum develop and grow their social and communication skills and become more integrated in our
community. FACT hosts six weeks of day camps each summer, three different ongoing monthly social
programs, and a mix of sports, leisure, arts, educational, and life skills programs six days a week during the
school year.In June 2023,FACT will open their new state-of-the-art Autism Resource Center which will serve
as a one-stop shop where FACT and seven other organizations provide a variety of complementary services to
thousands of individuals with autism and similar disabilities, as well as their families, in one central location
in Virginia Beach.
• The Autism Society Tidewater Virginia has been a local affiliate of the nation's oldest leading grassroots
Autism organization, the Autism Society of America,for over 40 years with a mission to create connections,
empowering everyone in the Autism community with the resources needed to live fully. The organization serves
thousands of local families through parent education, respite nights, support groups for parents and adults
with Autism, 5Ks, family and sensory friendly events, partnerships and collaborative efforts with local
businesses, churches, and law enforcement to increase opportunities and improve experiences for people on
the spectrum in their communities.
• Aid Another is a local nonprofit organization who provides services to individuals with disabilities in Hampton
Roads. Their mission is to promote and empower the unique talents and visions of individuals with a
disability. Aid Another has established long-lasting relationships with individuals with disabilities and the
community they reside in. It is their vision to help fulfill the adaptive needs of children and adults with
disabilities and to continue to foster a positive and successful relationship with the people in the community.
Aid Another has created a number of programs to enrich the lives of individuals with disabilities in a safe,
supportive, and structured environment-such as art, dance, music, educational assistance, recreational
activities,sports,and vocational and lifestyle development.
• Commonwealth Autism is a nonprofit organization based out of Richmond, VA that is excited to be moving into
the Hampton Roads area to provide more services for individuals with autism. Commonwealth Autism works
towards equitability in the community by reimagining human service systems. Commonwealth Autism
collaborates to innovate, operate, and model services that support community inclusion for Virginians with
developmental disabilities such as autism through advocacy that builds awareness and creates engagement.
• Easterseals UCP and PORT Health are trustworthy, compassionate partners providing exceptional disability,
behavioral health, and addiction treatment services to help our neighbors live their best lives. Purpose,
dedication, and empathy drive their in person and telehealth service delivery. Their diverse and inclusive
2,600 member team provides more than 10.2 million hours of meaningful support to 40,200 kids, adults and
families in 11,000 home,facility and community locations across North Carolina and Virginia. Easterseals
UCP is developing a kitchen teaching lab to immerse individuals with intellectual/developmental disabilities in
specialized culinary programs. These innovative courses promote social connection, communication skill
development,independence and overall wellness through experiential culinary arts.
• Lider Counseling & Consulting provides important psychotherapy services for individuals on the Autism
spectrum and other members of the Hampton Roads community. The clinical experience of al Howard at Lider
includes the treatment of a diverse population;from children to adults, individual/couples/families struggling
to cope with mood and behavior disorders, chronic illness, or developmental disorders. His therapeutic
approaches are strengths based and grounded in evidenced based and trauma focused techniques.
• Sentara Therapy Centers provides occupational, speech,physical therapy, aquatic therapy, early intervention
therapy, Augmentative and Alternative Communication device evaluations, and Autism identification for
individuals with autism and similar disabilities of all ages. Their therapists use the most advanced therapy
techniques combined with personalized plans to help individuals reach their maximum independence, build on
each individuals' strengths, and provide individualized supports across needed areas including sensory
regulation,communication,and self-advocacy.
• The Social Butterflies Club®program has been providing social-communication group therapy services to the
Virginia Beach area since 2004! Their organization provides social skills groups for children ages 3-12 in a
fun, structured environment facilitated by certified Speech-Language Pathologists. The unique therapeutic
structure of their program and specialized curriculum also develops speech, language, fine motor, gross
motor, and social-emotional and play skills in a naturalistic environment with peers. Additionally, The
Monarch Club Social Skills program was developed for teens and young adults to provide the next level of
social skills in alignment with their unique challenges and developmental needs. The Monarch Club Program
provides their teens and young adults with ongoing support with new social challenges such as jobs,
relationships,executive functioning skills,self-regulation,and learning to become independent.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to
recognize FACT, Autism Society Tidewater Virginia, Aid Another, Commonwealth Autism, Easterseals UCP and PORT
Health,Lider Counseling&Consulting,Sentara Therapy Centers,and Social Butterflies Club for their efforts to address
the diverse needs of individuals on the Autism spectrum and their families and recognize April 2023 as Autism
Acceptance Month in order to create a kinder,more inclusive world for people with Autism spectrum disorder.
Adopted by the Council of the City of Virginia Beach, Virginia the 181h day of April 2023 and present this Resolution duly
signed by each Member of the Virginia Beach City Council.
6t01,G I�, ZLIMember
� ,Council Member Michael F.Berlucchi ouncil Member Barbara M enlev N.•_ oc "Holcomb
b
Council Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond Al a it ember Jennifer Rouse
c4,6,04--c> _ • OW.
ounc Member Joashua F. "Joash"Schulman Council Membe Chris Taylor o-ncil Member czarina D. Wooten
r /22,
U 1 0�
e Mayo osema Wilson Mayor Robert M. "'.bay"Dyer
74
ITEM— V.H.4
MAYOR'S PRESENTATIONS
ITEM#74117
RESOLUTION
MAYOR'S AGAINST CANCER
Mayor Dyer welcomed Donna Rennick, Bobby Levin and Dr. Bruce Waldholtz and read, the Resolution
recognizing the prevalence of cancer in society today and the impact it makes on those afflicted and their
families with over 1.9 million who are expected to be diagnosed this year. The American Cancer Society's
"Mayor's Against Cancer"campaign and members of City Council ask all community leaders, companies,
institutions, and organizations to help alleviate the devastating burden of this disease and encourage
everyone to get screened for cancer, regardless of health, age, or health history, and offer our full support
to this vital campaign that can save so many lives.
Ms. Rennick expressed her appreciation to City Council for their support to bring awareness to the
importance of cancer prevention and is hopeful to see more people going to their doctors for cancer
screenings.
Mr.Levin expressed his appreciation to City Council for their support and advised he is a stage four cancer
survivor and was diagnosed by Dr. Waldholtz who helped to save his life. Mr. Levin further expressed his
condolences to the family of Captain Chiaverotti.
Dr. Waldholtz expressed appreciation to City Council for their support and advised he, Ms. Rennick and
Mr. Levin are all cancer survivors. Dr. Waldholtz advised when he had cancer, he was able to seek the
best doctors at John's Hopkins Hospital and now works to help all people diagnosed with cancer to have
access to the same care. Dr. Waldholtz advised with Mayor Dyer's leadership, the American Cancer
Society has founded the Mayor's Against Cancer Program involving all of the Mayor's in the region and
believes this initiative will go statewide and ensure everyone is provided the best information.
April 18, 2023
N1A•BP
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RESOLUTION
WHEREAS: We are all aware of the prevalence of cancer in our society today and the toll it takes on those who are
afflicted as well as their families and loved ones,and we know someone who has been touched by it in some way;and
WHEREAS:In this country, 1 in every 2 men and 1 in every 3 women are diagnosed with cancer in their lifetime with
1.9 million plus new cancer cases that will be diagnosed just this year alone;and
WHEREAS: While the battle against cancer continues, there are important steps we can take to fight back;first, by
detecting cancer early through screening tests that increase not only the chance of detecting some cancers, but
possibly making it easier to treat them;and
WHEREAS: The choices made about diet, exercise, and other habits can affect overall health as well as risk for
developing cancer and other serious diseases, it's also important to understand that cancer screening tests can find
cancer in people who have no symptoms;and
WHEREAS: Unfortunately, medical mistrust, limited access to health care,financial insecurity, and geographic
locations impact the likelihood of being screened, it is vital that we get the word out of the importance of early
screening to everyone;and
WHEREAS:Far too many individuals for whom screening is recommended remain unscreened, and this situation has
been exacerbated by a major decline in cancer screening resulting from the COVID-19 pandemic—almost 90% in
some cases;and
WHEREAS:As part of the American Cancer Society's `Mayors Against Cancer-campaign and as members of the
Virginia Beach City Council— we are asking all community leaders, companies, institutions, and organizations to
help alleviate the devastating burden of this disease and help us towards ending cancer as we know it. Get the
message out to everyone: Catch cancer early through screening tests—they can save your life.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to
recognize the efforts of the American Cancer Society to encourage everyone to get screened for cancer, regardless of
health,age,or health history,and offer our full support to this vital campaign that can save so many lives.
Adopted by the Council of the City of Virginia Beach, Virginia the 18`h day of April 2023 and present this Resolution
duly signed by each Member of the Virginia Beach City Council.
„ , I J
p ?ocky 7710.
Council Member Michael F.Be
rlucchi Council Member Barbara M.Henl Council Member N.D. "Rocky"Holcomb
1.1 ROL444---
Council Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond kit uncil ember Jennifer Rouse
p , taPC
Li)•
Council Member Joashua F. "Joash"Schulman Council Memb Chris Taylor #ncil Member Sabrina D. Wooten
e ayo osemary Wilson ayor Robert M. "Bob Dyer
75
ITEM— V.I.1
PUBLIC HEARING
ITEM#74118
Mayor Dyer DECLARED a PUBLIC HEARING.•
ACQUISITION OF AGRICULTURAL LAND PRESERVATION(ARP)EASEMENT
Installation Purchase Agreement for 102.14 acres at 1713 Mill Landing Road
There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING
April 18, 2023
76
ITEM— V.J.1
FORMAL SESSION AGENDA
ITEM#74119
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions K: 1, 2, 3, 4, 5, 6, and 7 and
Planning Items L: 1, 2, 3, 4, 5, 6 and 7
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
K. ORDINANCES/RESOLUTIONS:
VICE MAYOR WILSON WILL ABSTAIN ON ITEM#1
April 18, 2023
77
ITEM— V.K.1
ORDINANCES/RESOLUTIONS
ITEM#74120
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the Dedication of a 2,679 square feet(0.06150
acre) Utility Easement to Dominion Energy Virginia over City-owned property at 1525 Salem Road re
serve HRSD facilities
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten
Council Members Abstaining:
Vice Mayor Rosemary Wilson
Council Members Absent:
None
April 18, 2023
1, City of V1r a B ea cl-i
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VBgov.com
ROSEMARY WILSON PHONE:(757)422-0733
VICE MAYOR RCWIIson@vbgov.com
COUNCIL MEMBER—AT-LARGE April 18, 2023
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I
make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on an ordinance to authorize the dedication of a 2,679 square foot utility
easement to Dominion Energy Virginia over City-owned property at 1525 Salem
Road.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
3. I hereby disclose this interest, and I will abstain from the City Council's
consideration of this item.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
Rosemary A. Wilson
Vice Mayor
RAW/RRI
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
1 AN ORDINANCE AUTHORIZING THE DEDICATION
2 OF A 2,679 SQ. FT. (0.06150 ACRE) UTILITY
3 EASEMENT TO DOMINION ENERGY VIRGINIA
4 OVER CITY-OWNED PROPERTY LOCATED AT
5 1525 SALEM ROAD TO SERVE HRSD FACILITIES
6
7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land
8 known as Salem Woods Park, located at 1525 Salem Road (GPIN: 1475-77-5681)
9 (the "Property");
10
11 WHEREAS, Hampton Roads Sanitation District ("HRSD") has requested
12 that the City dedicate to Dominion Energy Virginia ("Dominion") a 2,679 sq. ft.
13 (0.06150 acre) utility easement over a portion of the Property, as shown on Exhibit
14 A attached hereto (the "Easement"); and
15
16 WHEREAS, the Easement would allow Dominion to install and maintain
17 underground cable, which would provide electrical service to new HRSD facilities
18 being installed on the Property within HRSD's existing easement.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22
23 That the City Manager is hereby authorized to execute any documents
24 necessary to dedicate a utility easement to Dominion over the Property, as shown
25 on the plat attached hereto as Exhibit A, and made a part hereof, and such other
26 terms, conditions and modifications as may be acceptable to the City Manager and
27 in a form deemed satisfactory by the City Attorney.
28
29 Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h
30 day of A P r i 1 , 2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY
C,Pc t_f
City Attorney b is Works, Real Estate
CA16035
R-1
February 23, 2023
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THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE
OF THREE-FOURTHS OF ALL COUNCIL MEMBERS
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APPROVED: DATE: GRAPHIC SCALE
1"-60' CITY OF VIRGINIA BEACH
DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH AUGUST 1,2022 DRAWN BY:DWD JOB#2.2..O319
78
ITEM— V.K.2
ORDINANCES/RESOLUTIONS
ITEM#74121
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
ADOPTED,BY CONSENT,Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum
of Understanding (MOU) between the City and the Navy at Navy Bases located in Virginia Beach re
coordination of law enforcement
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
1 A RESOLUTION AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A MEMORANDUM
3 OF UNDERSTANDING PROVIDING FOR
4 COORDINATION OF LAW ENFORCEMENT
5 BETWEEN THE CITY OF VIRGINIA BEACH
6 AND THE NAVY AT NAVY BASES LOCATED
7 IN VIRGINIA BEACH
8
9 WHEREAS, Code of Virginia § 15.2-1728 authorizes local governments to enter
10 into mutual aid agreement with the appropriate federal authorities to authorize police
11 cooperation and assistance within such property or territory;
12
13 WHEREAS, the Navy Mid-Atlantic Region maintains explosive detection K-9
14 assets;
15
16 WHEREAS, the Navy is willing to provide explosive K-9 detection support to the
17 City if assets are available;
18
19 WHEREAS, the City of Virginia Beach maintains equipment and personnel for
20 law enforcement responses within its own jurisdiction and areas;
21
22 WHEREAS, it is recognized that the locations of Naval Air Station Oceana, Joint
23 Expeditionary Base Little Creek-Fort Story, and Naval Combat Training Center-Dam
24 Neck are under concurrent or proprietary jurisdiction in the City, that the Virginia Beach
25 courts have access to programs designed to address domestic violence and offenses
26 committed by juveniles, and that Virginia Beach is the appropriate secondary responder
27 in these events when assistance is requested by base security;
28
29 WHEREAS, Code of Virginia § 15.2-1728 provides that City police officers shall
30 have the same powers, rights, benefits, privileges, and immunities as are lawfully
31 conferred upon them within the City when they act, in the performance of their duties,
32 on property, such as those military bases located in Virginia Beach, that are under
33 federal authority;
34
35 WHEREAS, the City of Virginia Beach and the Navy Mid-Atlantic Region
36 Commander are cognizant of the benefits they will derive from an agreement allowing
37 those Navy bases located in Virginia Beach to request the aid of Virginia Beach; and
38
39 WHEREAS, the City of Virginia Beach and the Navy Mid-Atlantic Region
40 Commander desire to enter into a Memorandum of Understanding setting forth the
41 procedures to be followed in the event of an on-base domestic violence incident or an
42 incident involving a juvenile felony suspect.
43
44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
45 VIRGINIA BEACH, VIRGINIA:
46
1
47 1. That the attached Memorandum of Understanding ("Agreement") is hereby
48 approved.
49
50 2. That the City Manager is hereby authorized and directed to execute the
51 Agreement on behalf of the City of Virginia Beach.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia on the
54 18_t h day of April 2023.
APPROVED AS TO CONTENT. APPROVED AS TO LEGAL
SUFFIC NCY:
I s4!
Police Department City Attomey's Office
APPROVED AS TO CONTENT:
Risk Management
CA15320
R-2
April 6, 2023
2
SUMMARY OF MATERIAL TERMS
1. Events—On-base incidents of domestic violence or felony offenses committed by juvenile
suspects and situations involving hostage/barricade incidents/crisis negotiations, active
shooter cases and active felony tracking cases. The Navy Mid-Atlantic Region will provide
explosive detection K-9 support at the City's request if assets are available.
2. Memorandum of Understanding-An agreement between the City of Virginia Beach and the
Commander of the Navy Mid-Atlantic Region entered into in preparation for a response to
any potential event listed above at a Navy base located in Virginia Beach. Appropriate
Virginia Beach Police personnel will respond, if available, at the request of base security
should such events occur.
4. Command and Control — Virginia Beach personnel will remain under the command and
control of the Virginia Beach Police Department's On-Scene Commander and/or the
Virginia Beach SWAT Commander.
5. Nature-Allows the City of Virginia Beach to provide police manpower and equipment, if
available, in an effort to maintain public safety during any of the above described events.
6. Term - This agreement is effective upon execution and will remain in effect for 9 years
unless terminated by either party with 60 days written notice.
5. Insurance - Insurance requirements are met through the City of Virginia Beach's self
insurance program administered by Risk Management.
6. Liability-Neither party assumes liability for the negligent acts of the other party. Code of
Virginia§ 15.2-1728 provides that City police officers shall have the same immunities as are
lawfully conferred upon them within the City when they act, in the performance of their
duties, on federal property pursuant to a mutual aid agreement.
DEPARTMENT OF THE NAVY
NAVY REGION MID-ATLANTIC,NORFOLK VA
THE CITY OF VIRGINIA BEACH, VA
VIRGINIA BEACH CNRMA
4000 4000
MEMORANDUM OF UNDERSTANDING
BETWEEN
COMMANDER,NAVY REGION, MID-ATLANTIC
AND
THE CITY OF VIRGINIA BEACH,
THROUGH ITS POLICE DEPARTMENT
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
Ref: (a) OPNAVINST 5530.14E CH-2
(b) CNICINST M-5530.1
(c) SECNAVINST 5430.107
(d) DoD Directive 3025.18
(e) SECNAVINST 5820.7C
1. Purpose. The purpose of this Memorandum of Understanding(MOU)is to establish a common
understanding between the City of Virginia Beach (City), through its Police Department, and
Commander Navy Region Mid-Atlantic (CNRMA) regarding the coordination of law
enforcement, including the utilization of the Virginia Beach Police Department (VBPD) Special
Operations Teams/Special Weapons and Tactics Team (SWAT) during emergent situations and
processing of offenses committed on Department of the Navy (Navy) property under concurrent
or proprietary jurisdiction in the City, and the role that both VBPD, Naval Air Station Oceana
(NASO), and Joint Expeditionary Base Little Creek-Fort Story(JEBLCFS)Navy Security Forces
(NSF)will play in ensuring the safety and security of Navy personnel and assets physically located
on or aligned to NASO and JEBLCFS.
2. Background
a. The Navy, acting through CNRMA, maintains substantial property at NASO and
JEBLCFS under concurrent or proprietary jurisdiction, and the safety and security of personnel
and property located within these installations is the joint responsibility of both CNRMA and the
City. However, subject to the inherent law enforcement jurisdictional authority retained by the
State and City, the Installation Commanding Officer (ICO) is to ensure no more than one armed
security/law enforcement force exists aboard an installation without approval of the Chief of Naval
Operations (CNO)per reference (a). Therefore, there is a need to delineate the responsibilities of
both the City and CNRMA regarding the coordination of law enforcement,including the utilization
of SWAT and processing of criminal offenses related to personnel and property within NASO and
JEBLCFS. . .
Page 1 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
b. Definitions
(1) Operational Command Structure. The organizational hierarchy through which
operational authorities are exercised, as contrasted by the administrative command structure
through which administrative leadership is exercised.
(2) Operational Control (OPCON). The authority to perform those functions of command
over subordinate forces involving organizing and employing commands and forces, assigning
tasks, designating objectives, and giving authoritative direction necessary to accomplish the
mission.
(3) Tactical Control (TACON). The authority over forces that is limited to the detailed
direction and control of movements or maneuvers within the operational area necessary to
accomplish missions or tasks assigned.
c. Jurisdiction and Authority of Navy Security Forces
(1) Per references (a) and (b), NSFs, composed of Military Police Officers (rated Master-
at-Arms (MA)) and Department of the Navy 0083 Civilian Police Officers, derive their authority
through their respective ICO from the Manual for Courts Martial (MCM) and United States Code
(U.S.C.).
(2) NSF jurisdiction and authority are strictly limited to their respective installation and
other noncontiguous sites under the jurisdiction of the respective ICO. Therefore, NASO and
JEBLCFS NSFs are strictly prohibited from exercising authority within the jurisdiction of the City.
Additionally,NASO NSF may not exercise authority within the jurisdiction of JEBLCFS,nor may
JEBLCFS NSF exercise authority within the jurisdiction of NASO. However, under emergent
situations and by direction of the ICO or Installation Security Officer (ISO), NSFs may be
deployed to respective installations to provide assistance under the TACON of the NSF Incident
Commander(IC).
(3) Law Enforcement aboard a Naval installation is primarily accomplished by NSF using
accepted principles to enforce the Uniform Code of Military Justice (UCMJ) and State statutes or
City ordinances applying the Assimilative Crimes Act, 18 U.S.C. § 13.
(4) Authority to Apprehend and Detain
(a) Rules For Courts-Martial (R.C.M) 302(b)(1) gives NSF the authority to apprehend
individuals.
(b) NSF may apprehend any person subject to the UCMJ if they have a reasonable
belief the person being apprehended has engaged or is engaging in criminal activity within their
respective installation or other noncontiguous sites under the jurisdiction of the respective ICO.
Page 2 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
(c) NSF has limited authority to apprehend persons not subject to the UCMJ within
their respective installation and other noncontiguous sites under the jurisdiction of the respective
ICO. In areas under military jurisdiction or control, NSF may take persons not subject to the
UCMJ into custody:
1. Who are found committing a felony or misdemeanor amounting to a breach of
peace in areas under military jurisdiction or control. If counterintelligence or terrorist-related
activities are suspected, the Naval Criminal Investigative Service (NCIS) shall be immediately
notified prior to release. Such persons may be released to the custody of State or City authority as
soon as possible.
2. Who are violating properly promulgated installation regulations. These persons
may be escorted to the entrance of the installation and may be forbidden reentry by the ICO as
necessary.
3. In some cases, persons not subject to the UCMJ may be cited for violations of
the Assimilative Crimes Act not amounting to felonies or breaches of the peace and referred to a
United States (U.S.) Magistrate.
(d) Detainment of Civilians. Title 18, U.S.C. authorizes the detention of civilians for
offenses committed on a military installation. Since civilians are not normally subject to the
UCMJ, civilian violators may be referred to a U.S. Magistrate for judicial disposition or to the
State or City authorities having jurisdiction by agreement.
(e)On-duty NSF,MAs and DoN civilian police officers are considered part of the DoN
NSF and are subject to the restrictions on aid to civilian law enforcement imposed by the Posse
Comitatus Act, 18 U.S.C. 1385. Accordingly, any proposed aid to civilian law enforcement must
be reviewed by the servicing Staff Judge Advocate(SJA).
(f)NSF personnel are not authorized to perform duties as a State or City police officer,
sheriff, or any other law enforcement official while performing law enforcement or physical
security duties in an official Navy capacity.
1. This rule applies to NSF personnel while on or off a Navy installation. Because
of potential conflicts of interest and Posse Comitatus Act issues, it is Navy policy that NSF, MAs
or DoN civilian police officers will not be deputized or exercise any additional authority or
jurisdiction granted by State, City, or federal government agencies to perform law enforcement
duties on or off a military installation or facility while wearing the NSF duty uniform and/or badge
or perform such roles in their official capacity.
2. Any existing cases of deputizing NSF uniformed law enforcement personnel by
State, City and local governments that have not been approved by the Secretary of the Navy are
invalid.
Page 3 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
3. Cancellation. This MOU cancels and supersedes all previously signed MOUs or agreements
of any type addressing law enforcement and Special Operations Teams/SWAT coordination
between the City and CNRMA concerning NASO and JEBLCFS, including the MOUs effective
2011 and 2019.
4. Applicability. This MOU applies to NASO NSF and JEBLCFS NSF, including 0083 Navy
Civilian Police, 0085 Navy Security Guards, and Military Police(MAs), the VBPD, and all Navy
military personnel, civilian employees, contractors, facilities, ships, aircraft, non-Navy
organizations, and any other federal or non-federal entity personnel physically located on NASO
and JEBLCFS. Nothing in this MOU shall supersede references (a) Navy Physical Security and
Law Enforcement Program, (b) CNIC Ashore Protection Program, and(c) Mission and Functions
of the NCIS. Where a conflict occurs,references(a), (b) and(c) shall control and take precedence
over the terms of this MOU.
5. Coordination Requirements
a. CNRMA
(1) Per references (a), (b) and (c), CNRMA and the ICO retain primary responsibility for
responding to all situations requiring police involvement on property located within the fence line
and waterways of NASO, JEBLCFS and aligned Navy property within the City. However, the
Navy, CNRMA, NASO and JEBLCFS may call upon the resources of the VBPD to respond to
these properties, where the City has jurisdiction, when necessary, as determined by Navy,
CNRMA, NASO ICO and JEBLCFS ICO, including in response to those situations specified in
subparagraph 5.b.(3) of this MOU.
(a) Such property specifically includes: NASO, including Navy property located
adjacent to Oceana Boulevard, Potters Road, Harpers Road, and London Bridge Road containing
the Morale Welfare and Recreation facilities and Commissary; JEBLCFS, including Navy
property adjacent to Shore Drive.
(b) Such property does not include the following NASO and JEBLCFS sites located
outside of installation fence lines: NASO Commissary and Public/Private Venture (PPV) Navy
housing within the City of Virginia Beach.
(2) Per references (a), (b) and (c), CNRMA and the NASO ICO and JEBLCFS ICO will
ensure all offenses committed on Navy installations by military members,with exception of those
offenses discussed in subparagraph 5.b.(5) below where VBPD responds to the scene, are
processed through the appropriate court or military justice system depending on the facts and
circumstances of the incident.
(3) Per references (a), (b), and (c), CNRMA, the NASO ICO and JEBLCFS ICO will
ensure all offenses committed by civilians onboard Navy installations, except those enumerated in
subparagraph 5.b.(5)below, are processed through the appropriate court system depending on the
facts and circumstances of the incident.
Page 4 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
(4) Per references (a), (b) and (c), CNRMA, NASO ICO and JEBLCFS ICO will ensure
the CNRMA Program Manager of Public Safety or ISO notifies the City of any deviations from
this general policy.
(5) Per references (a), (b) and (c), CNRMA, NASO ICO and JEBLCFS ICO, and
respective ISOs will ensure NASO NSF and JEBLCFS NSF exercise authority only over offenses
that occur on Navy property as defined in subparagraph 5.a.(1)above. NASO NSF and JEBLCFS
NSF shall comply with 18 U.S.C. § 1385,the Posse Comitatus Act, and applicable Department of
Defense(DoD) and Navy regulations and instructions, including,but not limited to references(a),
(b) and(c).
(6) Per references(a),(b)and(c),CNRMA,NASO ISO and JEBLCFS ISO,and respective
ISOs will ensure that in situations requiring law enforcement involvement located near but outside
of federal property is communicated to VBPD for response. Navy personnel, including NASO
NSF and JEBLCFS NSF, shall not pursue criminal suspects off-installation or exercise any other
law enforcement authority off-installation unless, pursuant to reference(d), there is a direct threat
to life or National Security known by the pursuing NSF, and then only to such point where VBPD
can assume the pursuit; provided, however, NCIS has authority as a federal law enforcement
agency to pursue off the installation. In all situations involving a criminal suspect fleeing from
the federal facility to avoid capture, NASO NSF and JEBLCFS NSF personnel shall request
assistance from VBPD.
(7) Per references(a),(b)and(c),CNRMA,NASO ISO and JEBLCFS ISO,and respective
ISOs will not prevent personnel from VBPD,upon proper identification, from entering NASO and
JEBLCFS for the official purpose of enforcing or investigating the crimes listed in subparagraph
5.b.(5)below,unless Force Protection Conditions (FPCON) dictate otherwise.
(8) Per references (a), (b) and (c), NASO ICO and JEBLCFS ICO, and respective ISOs
will ensure that NASO NSF and JEBLCFS NSF personnel unilaterally respond to all incidents
occurring on NASO and JEBLCFS property as defined in subparagraph 5.a.(1)(a) above.
(9) Per references (a), (b) and (c), CNRMA, NASO ICO and/or JEBLCFS ICO, and
respective ISOs will ensure that NASO NSF and JEBLCFS NSF are trained on the requirements
of the Code of Virginia 19.2-81.3 that a VBPD Officer shall arrest and take into custody any person
he/she has probable cause to believe is the primary physical aggressor in a suspected violation of
Code of Virginia 18.2-57.2 (assault and battery of a family or household member). When VBPD
Officers respond per paragraph 5.b.(3) and make an arrest pursuant to Virginia Code 19.2-81.3,
military and civilian personnel, including NASO NSF and JEBLCFS NSF, may not interfere in
said arrest.
(10) In the event a hostage/barricaded suspect situation occurs on NASO or JEBLCFS,and
the cognizant ICO determines it is necessary for the use of SWAT to resolve the situation, in
coordination with NCIS, the VBPD will be contacted for assistance.
Page 5 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
(11) Per references (a), (b) and (c), CNRMA, NASO ICO and JEBLCFS ICO, and
respective ISOs will promptly notify the ranking representative from the responsible command on
NASO and JEBLCFS if there is a need to discuss any law enforcement issues or problems that
require the attention of the City.
b. The City shall:
(1) Acknowledge that the CNRMA Program Director for Public Safety is the official
primarily responsible to the Region Commander for Antiterrorism, Physical Security and Law
Enforcement on property under Navy jurisdiction in the City; however, the NASO ICO and
JEBLCFS ICO and respective ISOs are ultimately responsible for the security and law enforcement
on board his/her installation.
(2) Retain primary responsibility for responding to all law enforcement and security
situations requiring police involvement on Navy property located outside the fence line of NASO
and JEBLCFS. This specifically includes,but is not limited to,NASO Commissary and PPV Navy
housing within the City of Virginia Beach.
(3) Respond to calls for assistance from NASO and JEBLCFS, or to 9-1-1 calls involving
the following types of incidents occurring on NASO and JEBLCFS:
(a) Family/domestic violence/child abuse incidents
(b) Offenses involving juvenile suspects
(c)Active felony warrants for all state crimes
NOTE:All calls for services and/or requests for VBPD services received by the Virginia Beach
9-1-1 center for Navy property will be redirected or forwarded to the CNRMA Regional Dispatch
Center (RDC). VBPD assistance/response will be requested by the RDC only if it meets one of
the exceptions enumerated in this MOU. NSF personnel will also respond and/or escort VBPD
vehicle patrol units to the scene of the criminal case and remain during the duration of the
investigation.
(4) Exercise and use best efforts,based on the judgment of the ranking VBPD supervisor,
to respond to requests for support from the Navy for incidents, beyond those listed in paragraph
5.b.(3)above,involving significant risk of personal injury or death,which require law enforcement
capabilities beyond that possessed by NASO NSF and JEBLCFS NSF.
(5) Process the following criminal offenses occurring on NASO and JEBLCFS and
property as defined in subparagraph 5.a.(1) above through the appropriate court system of the
Commonwealth of Virginia:
(a)Family/domestic violence/child abuse incidents(Note: The City will provide notice
to NCIS special agents on child abuse cases associated with Navy installations per reference (b)).
Page 6 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
(b) Offenses involving juvenile suspects.
(c) Offenses where VBPD responds pursuant to subparagraph 5.b.(4)above and makes
an arrest (Note: In such cases, VBPD will coordinate with NCIS if the incident falls within their
investigative threshold per reference(b)).
(6) Acknowledge that NASO NSF and JEBLCFS NSF shall be the primary means of
enforcing laws and regulations on NASO and JEBLCFS and property as defined in subparagraph
5.a.(1) above; and unique military contingencies (e.g., initiation of FPCON DELTA in response
to terrorist attacks)may preclude prompt and immediate entry on board the installation by VBPD
personnel. In cases where access to the installation is denied to any member of the VBPD, the
NSF within their respective installation and other noncontiguous sites under the jurisdiction of the
respective ICO will respond to all emergency and non-emergency calls for service,for the duration
of the heightened security,regardless of the exceptions enumerated in this MOU.
(7) Coordinate with the RDC or NCIS if VBPD Officers require access to NASO and
JEBLCFS.
(8) Coordinate with and participate in a minimum of one annual integrated training event
at both NASO and JEBLCFS. The scope of each exercise, to include necessary personnel and
resources,will be established in advance by NSF and VBPD to exercise the integrated response to
emergent situations listed below.
(9) Promptly notify the CNRMA Security Program Director (phone number 757-322-
3064) if there is a need to discuss any issues or problems that require the attention of CNRMA
and/or the Program Director for Public Safety.
(10) In the event of that Post 17 Dam Neck Annex gate must be opened to facilitate city
traffic, VBPD will coordinate with NASO NSF to provide necessary logistical support. VBPD
will be responsible for providing, in conjunction with NSF resources, sufficient personnel and
equipment to ensure civilian traffic is properly logged, monitored and escorted through Navy
property.
6. Emergent Situations. Notwithstanding the routine exchange of information and coordination
of law enforcement responsibilities in MOU paragraph 5, emergent situations may arise on Navy
installations and property within the City requiring a specialized response from the VBPD. The
following guidelines will be used under those unique circumstances.
a. Hostage/Barricaded Suspect Incident/Crisis Negotiation
(1) Mission. In the event a hostage/barricaded suspect situation occurs on NASO and
JEBLCFS, and the ICO determines it is necessary for the use of a SWAT to resolve the situation,
the VBPD SWAT unit will be contacted via the RDC or by 9-1-1 for assistance. The VBPD will
provide, if available and within their jurisdiction, a VBPD SWAT to respond to the scene.
Page 7 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
(2) Response. Once VBPD SWAT arrives,the SWAT Commander will report to the Navy
IC for the transfer of information concerning the incident and provide advice as required. VBPD
will assume control of negotiations and will keep NSF IC,through NCIS,informed of progress or
information concerning the situation when possible. When possible and appropriate, negotiators
from NCIS may be used or retained to allow for team cohesion and consistency. The Navy,
CNRMA, ICO, ISO or public works personnel will provide plans, maps, etc., required by the
VBPD SWAT Commander.
(3) Command/Control. After determination by the ICO, ISO or NSF IC that VBPD SWAT
resources and personnel are necessary to resolve the situation and VBPD SWAT responds in
accordance with subparagraph 6.a.(2) above, OPCON of the situation and TACON of NSF will be
released to the VBPD SWAT Commander. Once committed, TACON and OPCON will remain
with the VBPD SWAT Commander until the situation is resolved based on a determination by the
VBPD SWAT Commander. The VBPD SWAT will operate based on their established procedures,
training and experience. During the incident there will be continued coordination between Navy,
CNRMA, ICO, ISO,NCIS and VBPD officials to facilitate a reasonable solution to the situation.
(4) Tactical Action. Any tactical action by the VBPD SWAT will be conducted in
accordance with VBPD training standards. TACON of NSF will reside with the VBPD SWAT
Commander and may be used according to their tactical capability. Normally,NSF should be used
to secure perimeters,hallways or stairwells, etc., as advised by the NSF IC.
(5) Explosives. Use of any explosive devices for breaching of doors,windows,walls, etc.,
when possible, will be coordinated with the Navy Explosive Ordnance Disposal (EOD), a unit
under the operational control of CNRMA.
(6) Termination of Mission. The VBPD SWAT Commander may terminate support of the
mission at any time at his/her discretion. However, this decision will be coordinated with Navy,
NCIS, ICO, and NSF IC personnel,before VBPD support is terminated.
(7) Post Incident Teams. NCIS and the VBPD will coordinate regarding the composition
of crime scene teams as well as the determination of primary and/or joint investigative
responsibilities.
(8) Debrief. Based on National Security requirements,responding VBPD Officers may be
directed to meet with Navy, NCIS, ICO, ISO, and other officials prior to being released from the
scene if VBPD Officers have entered National Security controlled spaces or been exposed to
classified material or equipment.
(9) Post VBPD Internal Investigations/Use of Force. Based on the circumstances and the
level of force employed by members of the VBPD, the VBPD will have full access to all relevant
investigative evidence and witness information for an internal administrative investigation. Navy
representatives, through NCIS, will have full access to all relevant criminal investigative
information.
Page 8 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
b. Active Threat(e.g., shooting,knifing, etc.)
(1) Mission. In the event of an active threat situation on NASO and JEBLCFS, including
property as defined in subparagraph 5.a.(1) above, and the NSF Watch Commander determines
there is a lack of sufficient NSF immediate response manpower to resolve the situation, the City
Dispatch Center will be notified via the RDC of a request for assistance, and available VBPD
Officers will respond.
(2) Response. Subject to any jurisdictional limitations, available VBPD units will be
immediately dispatched to the crime scene. These assets may include,but are not limited to,VBPD
K-9 Units, Air Support and SWAT. NASO and JEBLCFS NSF will grant marked responding
VBPD units' immediate access, and grant access to unmarked VBPD units upon check of
identification. NSF may escort VBPD units to the crime scene, if necessary. Responding VBPD
units should coordinate a specific installation gate entrance via Dispatch Centers prior to arrival,
as Navy policy would be to stop all traffic from entering/exiting the Navy installation during the
incident.
(3) Command/Control. The NSF IC will maintain TACON of the Navy's initial response
forces and is responsible for deciding if VBPD assistance is required. Once on scene and if
circumstances dictate,the NSF IC may relinquish TACON of NSF to the senior responding VBPD
official until the active threat is neutralized and the crime scene/area has been cleared. If TACON
is transferred to VBPD, OPCON of the situation will also be transferred. The IC may shift as the
IC Post expands into a unified command structure,which will include personnel from all the major
responding organizations.
(4) Tactical Action. As time is critical during an active threat situation,immediate tactical
action by arriving VBPD units will normally be conducted in accordance with VBPD's training
and response standards.
(a) If arriving to the crime scene after NSF arrival, responding VBPD units will
proceed directly to the location of the Navy/NSF IC for the transfer of information concerning the
incident, location of armed NSF within the scene and issuance of radios to facilitate
communications with NSF prior to entering the crime scene.
(b) If arriving to the crime scene before NSF arrival, responding VBPD units will
proceed directly to the crime scene and execute their standard response procedures. In this
scenario, communications with NSF should be established as soon as possible in an effort to
preclude blue-on-blue shootings.
(5) Explosives. Use of any explosive devices for breaching of doors,windows,walls, etc.,
when possible, will be coordinated with the Navy EOD, a unit under the OPCON of CNRMA.
Page 9 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
(6) Termination of Mission. The senior VBPD official may terminate support of the
mission at any time at his/her discretion. However, this decision will be coordinated with Navy,
NCIS, ICO, and NSF IC personnel,before VBPD support is terminated.
(7) Post Incident Teams. NCIS and the VBPD will coordinate regarding the composition
of crime scene teams as well as the determination of primary and/or joint investigative
responsibilities.
(8) Debrief. Based on National Security requirements,responding VBPD Officers may be
directed to meet with Navy, NCIS, ICO, ISO, and other officials prior to being released from the
scene if VBPD Officers have entered National Security controlled spaces or been exposed to
classified material or equipment.
(9) Post VBPD Internal Investigations/Use of Force. Based on the circumstances and the
level of force employed by members of the VBPD, the VBPD will have full access to all relevant
investigative evidence and witness information for an internal administrative investigation. Navy
representatives, through NCIS, will have full access to all relevant criminal investigative
information.
c. Active Felony Tracking
(1) Mission. In the event a major felony offense involving personal injury or death has
been committed on NASO and JEBLCFS, and the NSF Watch Commander has determined the
suspect(s) is fleeing the Navy installation, the Watch Commander may request assistance via the
RDC from VBPD in locating and detaining the suspect(s).
(2) Response
(a) Inside the Navy Installation Fence Line: The City may dispatch VBPD units, K-9,
and/or Air support to help track and detain felony suspects involving serious personal injury or
death incidents. City Airborne police assets will comply with all normal air traffic control
procedures when operating in the vicinity of NASO and JEBLCFS including establishment of
communications with Navy Air Traffic Control Tower personnel, as appropriate.
(b) Outside the Navy Installation fence line: NSF personnel will provide VBPD
Officers all available information, to include suspected offense, weapons involvement, suspect(s)
description, last known location, and direction of travel. Whenever possible, VBPD Officers will
be allowed access to the initial crime scene if on Navy property to start VBPD air or ground search
efforts. This includes granting immediate access for VBPD K-9 units.
(c) In cases where a VBPD Officer(s) initiates or is involved in a tracking of felony
crime suspects or a vehicle pursuit that enters NASO and JEBLCFS, VBPD marked police units
will be granted immediate access. A City Supervisory Police Officer will make contact with and
establish a Unified Incident Command Post with the NSF Watch Commander at the nearest open
gate. The NSF and VBPD will coordinate their efforts to locate and detain the suspect(s). NCIS
Page 10 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
Field Office NASO or JEBLCFS will be notified(or the NCIS duty agent after hours) of all active
felony crime tracking incidents to exercise investigative jurisdiction per reference(c).
(3) Command/Control
(a) Navy will normally retain TACON of responding Navy forces for all felony
tracking pursuits initiated within the fence line of NASO and JEBLCFS but will work directly with
VBPD by establishing a Unified Incident Command Post. The NSF IC will request support from
the senior VBPD official, who will maintain TACON of VBPD personnel and assets.
(b) The VBPD have jurisdiction outside the Navy installation fence line. NASO NSF
and JEBLCFS NSF will not pursue suspects off of Navy installations except as defined in
paragraph 5.a.(6).
d. Navy K-9 Support. In the interest of Public Safety, Navy Explosive Detector Dog assets,
when available and subject to internal DoD and DoN approvals, may be used upon request by
VBPD to search for explosives and other emergent situations. NASO and JEBLCFS will request
K-9 support through NASO and JEBLCFS. Navy policy prohibits the use of Navy detector dogs
to validate a suspected explosive device that has already been located.
e. Misdemeanor and Felony Warrant Processing
(1) When NASO NSF and JEBLCFS NSF identifies personnel with active extraditable
felony/misdemeanor warrants, VBPD Officers will accept custody of the suspect from the
installation NSF. If not extraditable,NASO NSF and JEBLCFS NSF will transport the suspect to
the nearest open installation gate and release the suspect(s) on their own recognizance.
(2) NASO NSF and JEBLCFS NSF personnel will not transport suspects or personnel with
active warrants off of Navy installations to City or other state,county or municipal detention center
or police departments.
f. Transiting NSF within City Jurisdiction
(1) NASO NSF and JEBLCFS NSF may transit while in an on-duty status within City
jurisdiction to and from Navy owned property, located outside the confines of the respective
installations,using marked police units in emergency or non-emergency mode.
(a) Transit to and from Navy owned property shall be in the performance of official
mission functions, such as routine physical security checks or response to emergency or non-
emergency calls for service to Government owned facilities/buildings located therein.
(2) While transiting within City jurisdiction, NSF shall not perform any law enforcement
task, and will avoid and/or minimize interaction with the general public within the bounds of
common courtesy.
Page 11 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
(a) NSF shall not intervene against any non-life threatening crimes in progress. For
non-life threatening crimes,NSF will only dial 9-1-1 and report the crime as a concerned citizen.
(b) For life threatening situations, NSF will only intervene as necessary to reduce or
eliminate the life-threatening situation. NSF intervention will cease upon arrival of local law
enforcement.
(3)NSF shall notify City officials via radio before transiting within City jurisdiction. NSF
shall notify City officials of their vehicle identification, route, and destination.
7. Other Provisions
a. The parties agree that nothing herein will be construed as obligating either party to violate
existing laws or regulations.
b. All services provided by the parties are subject to the constraints of available resources
(personnel, funds and equipment). Nothing contained herein shall be construed as requiring the
U.S. Navy to obligate or expend appropriated funds in violation of the Anti-Deficiency Act (31
U.S.C. § 1341 et seq.).
c. This MOU does not create, limit or modify existing legislative jurisdiction vested in the
State of Virginia or the U.S. Government. Nothing contained herein creates or extends any right,
privilege, or benefit to any person or entity.
d. All parties shall conduct an annual review of this agreement to evaluate its effectiveness
and determine the need for continuation or modification. Where there is a dispute concerning the
terms of this MOU, the parties agree to meet and confer to resolve such dispute consistent with
references (a), (b) and (c), applicable Navy regulations and policies, and applicable City
ordinances and polices.
e. No changes to this MOU shall be made without the consent of all parties. Requests for
modification shall be provided in writing at least 90 days in advance of the proposed effective date
of such modification unless all parties consent to a shorter time period.
8. Effective Date. This MOU will become effective upon signature of all parties and will remain
in effect for 9 years unless terminated in accordance with the terms and conditions of this MOU.
9. Termination. If either party desires to terminate this MOU, notice of such intent must be in
writing and must be submitted to the other party at least 60 days before the anticipated date of such
termination.
Effective Date:
Page 12 of 13
Subj: MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF LAW
ENFORCEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE NAVY
APPROVED FOR CONTENT
PAUL NEUDIGATE S. V. DJUNAEDI
Chief of Police Commanding Officer
City of Virginia Beach Naval Air Station Oceana
M. L. WITHERSPOON
Commander
Joint Expeditionary Base
Little Creek—Fort Story
APPROVED FOR LEGAL SUFFICIENCY
JESSICA C. KOEPF A. Y. MARKS
Associate City Attorney Staff Judge Advocate
City of Virginia Beach Navy Region, Mid-Atlantic
APPROVED BY
PATRICK A. DUHANEY S. C. GRAY
City Manager Rear Admiral, U.S. Navy
City of Virginia Beach Commander
Virginia Beach, Virginia Navy Region, Mid-Atlantic
Norfolk, Virginia
ATTEST:
AMANDA BARNES
City Clerk
City of Virginia Beach
Page 13 of 13
79
ITEM— V.K.3
ORDINANCES/RESOLUTIONS
ITEM#74122
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
ADOPTED, BY CONSENT,Resolution to AMEND the Cost Allocation Agreement between the Cities of
Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach and the Transportation
District Commission of Hampton Roads
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent.
None
April 18, 2023
1 A RESOLUTION TO AMEND THE COST ALLOCATION
2 AGREEMENT BETWEEN THE CITIES OF CHESAPEAKE,
3 HAMPTON, NEWPORT NEWS, NORFOLK,
4 PORTSMOUTH, VIRGINIA BEACH, AND THE
5 TRANSPORTATION DISTRICT COMMISSION OF
6 HAMPTON ROADS
7
8 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk,
12 Portsmouth and Virginia Beach (collectively, the "Participating Cites") and the
13 Transportation District Commission of Hampton Roads ("HRT") are parties to the Cost
14 Allocation Agreement, effectively dated October 1, 1999 ("Allocation Agreement"); and
15
16 WHEREAS, the Allocation Agreement, among its other provisions, defines how
17 state and federal funding received by HRT is allocated to the Participating Cities for the
18 capital and operating costs associated with acquiring, consolidating, rehabilitating,
19 operating and expanding public transportation facilities and services for the Hampton
20 Roads region; and
21
22 WHEREAS, the Allocation Agreement currently requires HRT to distribute its
23 eligible federal and state funding to each of the Participating Cities on a pro rata basis
24 based on the annual cost to provide transit services at the level requested by each
25 Participating City; and
26
27 WHEREAS, HRT may provide greater budgetary certainty to all Participating Cities
28 through strategic allocation of its eligible state and federal funding; and
29
30 WHEREAS, the current Allocation Agreement does not permit HRT to strategically
31 allocate its state and federal funding amongst the Participating Cities; and
32
33 WHEREAS, the Allocation Agreement may be amended, via a resolution from
34 each Participating City, to permit HRT to strategically allocate its eligible state and federal
35 funding; and
36
37 WHEREAS, the City of Virginia Beach desires to temporarily modify and amend
38 the Allocation Agreement so that HRT may help mitigate adverse financial impacts to it
39 and the other Participating Cities from the date of this Resolution until June 30, 2024; and
40
41 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
42 VIRGINIA BEACH, VIRGINIA THAT:
43
44 1) Beginning July 1, 2023, and continuing until June 30, 2024 (the "Effective
45 Period"), which corresponds with HRT fiscal year 2024, HRT is authorized to strategically
46 allocate its available and eligible federal and state funding to the City of Virginia Beach.
47
48 2) During the Effective Period, the City agrees to modify the Allocation Agreement.
49 Article IX, Allocation of Revenues, sections (D) and (E) shall be deleted and replaced as
50 follows:
51
52 Article IX. Allocation of Revenues
53 [* * 1
54 D. Federal funds received to reimburse net eligible operating expenses will be
55 strategically allocated to each Participating City. Eligible federal funds, in
56 combination with eligible state funds, will be allocated on an annual basis, in such
57 combinations and amounts to be determined by the Commission. Subject to the
58 requirements of Article X, and in the event eligible federal funds are available, such
59 funds will be allocated to the Participating Cities to offset any deficiencies between
60 the estimated Local Share in each Participating City TSP and the actual Local
61 Share determined by the Commission at the end of each of the fiscal year.
62
63 E. State funds received to reimburse net eligible operating expenses will be
64 strategically allocated to each Participating City. Eligible state funds, in
65 combination with eligible federal funds, will be allocated on an annual basis, in
66 such combinations and amounts to be determined by the Commission. Subject to
67 the requirements of Article X, and in the event eligible state funds are available,
68 such funds will be allocated to the Participating Cities to offset any deficiencies
69 between the estimated Local Share in each Participating City TSP and the actual
70 Local Share determined by the Commission at the end of the fiscal year.
71
72 3) During the Effective Period, the City agrees to modify Article X, Calculation of
73 Local Share of Operating Costs, of the Cost Allocation Agreement and add section (C)
74 as follows:
75
76 Article X. Calculation of Local Share of Operating Costs
77 [* * 1
78 C. The fiscal year of the Commission shall begin on July 1 and conclude on June
79 30. In the event the actual total local share of Local Funds is less than the budgeted
80 total local share of Local Funds for a Participating City, after the Commission has
81 strategically allocated federal and state funds in FY2023 ("Surplus"), then such
82 Surplus shall be refunded in full by the Commission to that Participating City on or
83 before August 1, 2024.
84 In the event the actual total local share of Local Funds, exceeds the budgeted total
85 local share of Local Funds for a Participating City, after the Commission has
86 strategically allocated federal and state funds in FY2023 ("Deficit"), then such
87 Deficit shall be paid in full by the Participating City to the Commission on or before
88 August 1, 2024.
89
90 4) Except for the obligation for the Commission to pay any Surplus to the City of
91 Virginia Beach or the City to pay any Deficit to the Commission for FY2024, all
92 amendments to the Allocation Agreement contemplated by this Resolution shall
93 automatically terminate on July 1 , 2024, be deleted from the Allocation Agreement and of
94 no further effect without the need of further action by any party to the Allocation
95 Agreement.
96
97 5) That this Resolution shall be in effect from and after the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day of
April , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J •_1ita,
Budget and Management Services tt rney's Office
CA16134
R-2
March 24, 2023
80
ITEM— V.K.4
ORDINANCES/RESOLUTIONS
ITEM#74123
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
ADOPTED, BY CONSENT, Ordinance to ESTABLISH Capital Project #100664 "5/31 Memorial";
TRANSFER $1.2-Million from the General Fund Vacancy Savings to Capital Project #100664;
AUTHORIZE the City Manager to negotiate a design contract with Dills Architects, PC and APPROVE
the 5/31 Memorial site
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
REQUESTED BY THE CITY COUNCIL
1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT
2 #100664, "5/31 MEMORIAL," TO TRANSFER $1.2 MILLION
3 FROM THE GENERAL FUND TO PROJECT #100664, TO
4 AUTHORIZE THE CITY MANAGER TO NEGOTIATE A
5 DESIGN CONTRACT WITH DILLS ARCHITECTS, AND TO
6 APPROVE THE 5/31 MEMORIAL LOCATION
7
8 WHEREAS, the 5/31 Memorial Committee (the "Committee") has dutifully
9 accepted input from stakeholders over the previous thirteen months;
10
11 WHEREAS, after review of the responses to a request for proposals, the
12 Committee short-listed two design firms and provided a $10,000 stipend to allow the
13 short-listed firms to provide additional design details and present their designs to the
14 Committee;
15
16 WHEREAS, after additional public input regarding the proposed designs, the
17 Committee unanimously voted to recommend Dills Architects, P.C., as the design firm for
18 the 5/31 Memorial;
19
20 WHEREAS, the Committee provided its recommendation to the City Council at the
21 April 4, 2023, Informal Session;
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA, THAT,
25
26 1. Capital Project #100664, "5/31 Memorial," is hereby established in the Capital
27 Improvement Program.
28 2. $1.2 million is hereby transferred from General Fund vacancy savings to Project
29 #100664.
30 3. The City Manager is authorized and directed to negotiate a design contract with
31 Dills Architects, P.C., and finalize the award of such contract.
32 4. The City Council hereby approves the location of the 5/31 Memorial site at the
33 corner of Princess Anne Road and Nimmo Parkway.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t h day of
April __ , 2023.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
1/1-ive/1\
Department of Cultural Affairs orney's Office
CA16144
R-1
April 4, 2023
81
ITEM— V.K.5
ORDINANCES/RESOLUTIONS
ITEM#74124
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$4,660,479 from the Virginia
Department of Transportation (VDOT) to the FY 2022-23 Public Works Operating Budget and
TRANSFER $4,660,479 to the FY2022-23 Capital Improvement Program as pay-as-you-go funding re
Capital Project#100401 "Street Reconstruction II"
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr. Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 STATE FUNDING FROM THE VIRGINIA
3 DEPARTMENT OF TRANSPORTATION AND TO
4 TRANSFER FUNDS TO CAPITAL PROJECT
5 #100401, "STREET RECONSTRUCTION II"
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1) $4,660,479 in estimated state revenue from the Virginia Department of
11 Transportation is hereby accepted and appropriated to the FY 2022-23
12 Operating Budget of the Department of Public Works, and
13
14 2) $4,660,479 is hereby transferred from the Operating Budget to the FY 2022-23
15 Capital Improvement Program as pay-as-you-go funding for Capital Project
16 #100401 , "Street Reconstruction II."
Requires an affirmative vote by a majority of all of members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day
of April , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
41111w fl,A1.11.111141titkrt -- ---
Budget and Management Services tt rney s Office
CA16143
R-1
April 5, 2023
82
ITEM— Y.K.6
ORDINANCES/RESOLUTIONS
ITEM#74125
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$784,142 reimbursement from
Mancon, LLC; APPROPRIATE $1-Million from the City Garage Internal Service Fund Balance and
TRANSFER$1-Million from capital outlay accounts to the FY2022-23 City Garage Internal Service Fund
Operating Budget re increase cost of parts
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 REIMBURSEMENT TO THE CITY GARAGE INTERNAL
3 SERVICE FUND, TO APPROPRIATE FUND BALANCE
4 OF THE CITY GARAGE INTERNAL SERVICE FUND,
5 AND TO TRANSFER FUNDS WITHIN THE CITY
6 GARAGE INTERNAL SERVICE FUND
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 1) $784,142 is hereby accepted from Mancon, LLC, and appropriated resulting in
12 an increase of $784,142 to the FY 2022-23 Operating Budget of the City
13 Garage Internal Service Fund.
14
15 2) $1,000,000 is hereby appropriated from the unrestricted fund balance of the
16 City Garage Internal Service Funds to the FY 2022-23 Operating Budget of the
17 City Garage Internal Service Fund.
18
19 3) $1,000,000 is hereby transferred from capital outlay accounts to the operating
20 accounts of the FY 2022-23 Operating Budget of the City Garage Internal
21 Service Fund.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t h day
of April , 2023.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
cJ
Budget Management Services City ttorney's Office
CA16119
R-3
April 5, 2023
83
ITEM— V.L.1
PLANNING ITEMS
ITEM#74126
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED, BY CONSENT, application of DAVID C. & MERIL B. GERSTENMAIER for a Street
Closure re fifteen (15)-foot portion of an unimproved, unnamed alley adjacent to 650 South Atlantic
Avenue& Lot 22, Block 20, Croatan Beach DISTRICT 5 (formerly District 6—Beach)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr. Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
1 ORDINANCE APPROVING THE APPLICATION OF
2 DAVID C. AND MERIL B. GERSTENMAIER FOR
3 THE CLOSURE OF A 15-FOOT PORTION OF AN
4 UNIMPROVED, UNNAMED ALLEY ADJACENT TO
5 650 S. ATLANTIC AVENUE & LOT 22 IN BLOCK
6 20 OF CROATAN BEACH
7
8 WHEREAS, David C. and Meril B. Gerstenmaier (the "Applicants") applied to the
9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion
10 of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and
11
12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be
13 discontinued, closed, and vacated, subject to certain conditions having been met on or
14 before one (1) year from City Council's adoption of this Ordinance.
15
16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
17 Beach, Virginia:
18
19 SECTION
20
21 That the hereinafter described portion of unimproved, unnamed right-of-way (the
22 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being
23 met on or before one (1) year from City Council's adoption of this ordinance:
24
25 ALL THAT certain piece or parcel of land situate, lying and
26 being in the City of Virginia Beach, Virginia, designated and
27 described as "AREA OF PROPOSED STREET CLOSURE
28 (750 SQ. FT. / 0.017 ACRES)", and shown as the cross-
29 hatched area on that certain street closure exhibit entitled:
30 "STREET CLOSURE EXHIBIT PORTION OF 15' ALLEY (A
31 PUBLIC RM/) TO BE CLOSED ADJACENT TO LOTS 10
32 AND 22, BLOCK 20 CROATAN BEACH (M.B. 24, P. 37)
33 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 30', dated
34 December 28, 2022 and revised through February 8, 2023,
35 prepared by Rouse-Sirine Associates, LTD., a copy of which
36 is attached hereto as Exhibit A.
37
38 SECTION II
39
40 The following conditions must be met on or before one (1) year from City
41 Council's adoption of this ordinance:
42
43 1. The City Attorney's Office will make the final determination regarding
44 ownership of the underlying fee. The purchase price to be paid to the City shall be
45 determined according to the "Policy Regarding Purchase of City's Interest in Streets
46
47 No GPIN assigned (City Right-of-Way)
48 Adjacent GPINs: 2426-39-8037 & 2426-39-9120
49 Pursuant to Street Closures", approved by City Council. It has been determined that the
50 purchase price to be paid to the City shall be $6,000, which is consistent with similar
51 street closures in this area.
52
53 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide
54 the properties and vacate internal lot lines to incorporate the closed area into the
55 adjoining parcels. The resubdivision plat must be submitted and approved for
56 recordation prior to the final street closure approval
57
58 3. The Applicants shall verify that no private utilities exist within the Right-of-
59 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility
60 company must be provided.
61
62 4. Closure of the Right-of-Way shall be contingent upon compliance with the
63 above-stated conditions within 365 days of approval by City Council. If the conditions
64 noted above are not accomplished and the final plat is not approved for recordation
65 within one (1) year of City Council approval, said approval shall be considered null and
66 void.
67
68 SECTION III
69
70 1. If the preceding conditions are not fulfilled on or before April 17, 2024, this
71 Ordinance will be deemed null and void without further action by the City Council.
72
73 2. If all conditions are met on or before April 17, 2024, the date of final
74 closure is the date the street closure ordinance is recorded by the City Attorney.
75
76 3. In the event the City of Virginia Beach has any interest in the underlying
77 fee, the City Manager or his designee is authorized to execute whatever documents, if
78 any, that may be requested to convey such interest, provided said documents are
79 approved by the City Attorney's Office.
80
81 SECTION IV
82
83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
85 VIRGINIA BEACH (as "Grantor") and DAVID C. GERSTENMAIER and MERIL B.
86 GERSTENMAIER (collectively, as "Grantee").
87
88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day
89 of April , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
• 71("91t ./I.J54&)
Planning Department City t rney
EZOZ `S I!Jdb
ooP'09ZSL800\SbOd\onsooPdmzEwooAo\meligia\suogeoHdde\i,s;P\woo'no64M\
ZE99Ido
Exhibit A
ATLANTIC OCEAN NOTES
SANDY BEACH 1 THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF
OCEAN BOULEVARD (M.B. 1, P. 1B, M.B. 8, P. 24) PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT
UNNAMED STREET (M.B.24, P. 37) OF THE ASSOCIATED RECORD DOCUMENT(S)AND IS NOT
INTENDED FOR ANY OTHER THAN GENERAL REFERENCE.
PIN(S) SO4°14'15"E 50.00'� PIN(S)
IQ,7 IQI 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS
PROPERTY.
3 PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)
(AREA DETERMINED TO BE OUTSIDE 0.2%ANNUAL
CHANCE FLOODPLAIN),AND ZONE VE(COASTAL FLOOD
o ZONE WITH VELOCITY HAZARD-WAVE ACTION)(BASE
0 FLOOD ELEVATION=9.0, NAVD'88)AS SHOWN ON NATIONAL
N FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF
N VIRGINIA BEACH,VIRGINIA, MAP NUMBER 5155310129G,
DATED JANUARY 16,2015.FLOOD ZONE LINES ARE
0 APPROXIMATE AND SCALED FROM FLOOD MAP.
0
0 0
0 00
(MERIDIAN SOURCE M.B.24 P_37)
LOT 22 tri
N
BLOCK 20` GPIN: 2426-39-9120 ZONE VE �S
(ELEV=9') LEGEND
-_7 —
ZONE X • PIN(F) PIN FOJND
(UNSHADED) 0 PIN(S) PIN SET
N 0 0 STAKE(S) STAKE SET
-0- UP UTILITY POLE
FENCE
N O PIN(F)%' 1s'ALLE
S04°14'15"E 50.00' 1 -/—� OVERHEAD WIRES
STAKE(S)
c m Y o� AREA OF PROPOSED
<U (M.B.24,P.37)�� STREET CLOSURE
J PIN(F)K N04°14'15"W 50.00'71, (750 SQ. FT. /0.017 ACRES)
'90 ,_1= o A 1 STAKE(S)
mLL 03W
1 R 'rWoZrn rn En F- U O f
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4 b LOT 10 co a STREET CLOSURE EXHIBIT
Q GPIN: 2426-39-8037 w Q PORTION OF 15' ALLEY (A PUBLIC RAN)
CC N TO BE CLOSED ADJACENT TO
Z LOTS 10 AND 22, BLOCK 20
'-� 1 N04°14'15"W 50.00' lei--N(F) CROATAN BEACHlayPIN(S)
SOUTH ATLANTIC AVENUE cM B.24, P. 37)
VIRGINIA BEACH, VIRGINIA
(50'PUBLIC RIGHT-OF-WAY) SCALE: 1"=30' DECEMBER 28, 2022
(FORMERLY CHAUTAUQUA AVE.) FEBRUARY 8, 2023
(M.B. 24, P. 37)
ROUSE-SIRINE ASSOCIATES, LTD.
LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"B-D"
www.rouse-sirine.com
333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD
VIRGINIA BEACH,VIRGINIA 23462 SUITE 103
TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185
0 15 30 60 90 FEET FAX:(757)499-9136 TEL.(757)903-4695
I 11 imimil
GRAPHIC SCALE
J.O. #13800-22-058 ACAD:13800-22-058 CROATAN BEACH BLK 20 LOTS 10&22, STREET CLOSURE.dwg F.B.890,P.22
84
ITEM— V.L.2
PLANNING ITEMS
ITEM#74127
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED,AS MODIFIED, AS PROFFERED, BY CONSENT, application of BORN PRIMITIVE,
LLC/MODERN SAVAGE INVESTMENTS,LLC for a Modification ofProffers to a Conditional Change
of Zoningre office warehouse at Southeastern corner of the intersection of Virginia Beach&North Oceana
Boulevards DISTRICT 6(formerly District 6—Beach)Approved February 24, 2004
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BORN PRIMITIVE,LLC/MODERNSAVAGE INVESTMENTS,LLC
for a Modification of Proffers to a Conditional Change of Zoningre office
warehouse at Southeastern corner of the intersection of Virginia Beach&
North Oceana Boulevards (GPINs 2417057714, 2417150755,
2417059705, 2417152724, 2417154801)DISTRICT 6(formerly District 6
—Beach)Approved February 24, 2004
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
Proffers:
1. When the Property is developed, it shall be developed substantially as shown on the exhibit
entitled, "CONCEPTUAL SITE LAYOUT FOR BORN PRIMITIVE WAREHOUSE
VIRGINIA BEACH, VIRGINIA", dated January 3, 2023,prepared by TRC Engineers,Inc.,
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning(hereinafter "Concept Plan').
2. When the Property is developed, it shall be landscaped substantially as depicted on the
exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN
PRIMITIVE WAREHOUSE, VIRGINIA BEACH, VIRGINIA', dated January 3, 2023,
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning(hereinafter "Landscape Plan').
3. When the Property is developed, the exterior of the warehouse with ancillary office area
shown on the Concept Plan shall be substantially similar in appearance to and shall utilize
the external building materials and architectural features as depicted on the exhibit
entitled "NEW WAREHOUSE FOR BORN PRIMITIVE, OCEANA COMMERCE
CENTER, VIRGINIA BEACH, VA", dated January 3, 2023, prepared by Covington,
Hendrix,Anderson Architects, which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning(hereinafter referred to as
the "Elevations').
April 18, 2023
85
ITEM— V.L.2
PLANNING ITEMS
ITEM#74127
(Continued)
4. When the Property is developed as depicted on the Concept Plan, Landscape Plan and
Elevations, its use shall be for office/warehouse.
5. Further conditions may be required by the Grantee during detailed Site Plan review and
administration of applicable City Codes by all cognizant City agencies and departments to
meet all applicable City Code requirements.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18t1i day of April Two Thousand
Twenty Three.
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
MODERN SAVAGE INVESTMENTS,LLC,a Virginia limited liability company
TO (PROFFERED ZONING COVENANTS,RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 3rd day of January, 2023,by and between MODERN SAVAGE
INVESTMENTS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA
BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee.
WITNESSETH:
WHEREAS,the Grantor is the owner of those five (5) parcels of property located in the City
of Virginia Beach, Virginia, containing a total of approximately 4.40 acres, as described in Exhibit
"A" attached hereto and incorporated herein by reference, which are referred to herein as the
"Property";and
WHEREAS, the Grantor has initiated a modification to a conditional amendment to the
Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify
conditions to the Zoning Classification of the Property; and
WHEREAS,the Grantor has requested Grantee to permit this modification of the previously
proffered Covenants,Restrictions and Conditions dated October 23,2003 as recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number
200403050037762 (hereinafter"2003 Proffers"),to reflect amendments applicable to the land use
plan on the Property; and
GPIN: 2417-05-7714-0000
2417-05-9705-0000
2417-15-0755-0000
2417-15-2724-0000
2417-15-4801-0000
Prepared by:
R.Edward Bourdon,Jr.,Esq.,VSB#22160
Sykes,Bourdon,Ahern&Levy,P.C.
4429 Bonney Road
Suite 500
Virginia Beach,Virginia 23462
WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and
conditions contained herein shall modify those Proffers numbered "1", "2"and "3"as contained in
the 2003 Proffers;and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation;and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict and that in order to permit differing uses on and in the area of the Property and at the same
time to recognize the effects of change, and the need for various types of uses, certain reasonable
conditions governing the use of the Property for the protection of the community that are not
generally applicable to land similarly zoned are needed to cope with the situation to which the
Grantor's proposed modification of conditions to the zoning gives rise;and
WHEREAS,the Grantor has voluntarily proffered, in writing, in advance of and prior to the
public hearing before the Grantee, as a part of the proposed modification to the existing zoning
conditions with respect to the Property,the following reasonable conditions related to the physical
development,operation,and use of the Property to be adopted,which conditions have a reasonable
relation to the proposed modification and the need for which is generated by the proposed
modification.
NOW,THEREFORE,the Grantor,its successors,personal representatives,assigns,grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following
two (2) amendments to the Conditions and Restrictions as originally proffered which shall restrict
and govern the physical development,operation,and use of the Property and hereby covenants and
agrees that this declaration shall constitute zoning proffers running with the Property,which shall
be binding upon the Property and upon all parties and persons claiming under or through the
Grantor,its successors,personal representatives,assigns,grantees,and other successors in interest
or title:
The five (5) numbered proffers set forth in the 2003 Proffers are hereby deleted and
replaced with the following five (5) "NEW PROFFERS":
1. When the Property is developed,it shall be developed substantially as shown on the
exhibit entitled, "CONCEPTUAL SITE LAYOUT FOR BORN PRIMITIVE WAREHOUSE VIRGINIA
BEACH,VIRGINIA",dated 01/03/23,prepared by TRC Engineers, Inc.,which has been exhibited to
2
the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter"Concept Plan").
2. When the Property is developed,it shall be landscaped substantially as depicted on
the exhibit entitled "CONCEPTUAL PLANTING PLAN & SCHEDULE FOR BORN PRIMITIVE
WAREHOUSE, VIRGINIA BEACH, VIRGINIA", dated 01/03/2023, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter"Landscape Plan").
3. When the Property is developed,the exterior of the warehouse with ancillary office
area shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the
external building materials and architectural features as depicted on the exhibit entitled "NEW
WAREHOUSE FOR BORN PRIMITIVE,OCEANA COMMERCE CENTER,VIRGINIA BEACH,VA",dated
01/03/23,prepared by Covington, Hendrix,Anderson Architects,which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter referred to as the"Elevations").
4. When the Property is developed as depicted on the Concept Plan, Landscape Plan
and Elevations,its use shall be for office/warehouse.
5. Further conditions may be required by the Grantee during detailed Site Plan review
and administration of applicable City Codes by all cognizant City agencies and departments to meet
all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect
until a subsequent amendment changes the zoning of the Property and specifically repeals such
conditions or further modifies the proffered conditions or restrictions to which the Property is
subject to in its current Zoning District. Such conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record
owner of the Property at the time of recordation of such instrument,provided that said instrument
is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee
which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950,
3
as amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent,and if not so recorded,said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with
all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions and restrictions, including the authority (a) to
order,in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory or prohibitory
injunction,abatement,damages,or other appropriate action,suit,or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions,the Grantor shall petition the governing body for the review thereof prior to instituting
proceedings in court;and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning Administrator
and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
Modern Savage Investments, LLC, a Virginia limited liability
company
By: (SEAL)
al ry S. iey,COO
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this 3rd day of January, 2023, by
Mallory S. Riley, COO of Modern Savage Investments, LLC, a Virginia limited liability company,
Grantor.
N tary Public
My Commission Expires: 23' // oç .
Notary Registration Number: '79'70431 AISHA KAI HORTON
Notary Public
Commonwealth of Virginia
7970231
My Commission Expires 08/31/2025
5
EXHIBIT "A"
Parcels I, II and III:
All Those certain lots,together with the buildings and improvements thereon, and appurtenances
thereunto belonging,lying,situate and being in the City of Virginia Beach,Virginia,and being known,
numbered and designated as Lots A,B,and C as shown on that certain plat entitled,"Resubdivision
of Property of John S.Waller Family Limited Partnership,as shown on Plat of Property of H.H. Hill
located in Oceana Gardens,Princess Anne Co.,VA,Map Book 22,page 17,IN.200303130039583,IN
200302240026224, IN. 200312010197830, Virginia Beach, Virginia", which said plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument
Number 20100308000214600.
GPIN: 2417-05-7714; 2417-05-9705-0000; 2417-15-0755-0000
Parcel IV:
All that certain lot, piece or parcel of land, located and being in Oceana Gardens of Lynnhaven
Borough in the City of Virginia Beach (formerly Princess Anne County),Virginia,and being part of
Plot 40 of the Plat of Oceana Gardens, and more particularly described as follows: Beginning at a
point on the Southern line of State Route 58, commonly known as Virginia Beach Boulevard,at its
intersection with a dividing line between Plots Forty-One (41) and Forty-Six (46) of Oceana
Gardens, and running thence along said dividing line South 7° 30'West, 237.21 feet to Plot Forty-
One (41) of said Oceana Gardens; thence North 82° 30'West along the dividing line between Plot
Forty(40) and Forty-One (41) 50 feet; thence North 7°30' East,237.21 feet to the Southern line of
Virginia Beach Boulevard 50 feet to the point of beginning.
GPIN: 2417-15-2724-0000
Parcel V:
All that certain lot, piece or parcel of land,with the buildings and improvements thereon and the
appurtenances thereunto belonging, lying, situate and being in Lynnhaven Magisterial District,
Princess Anne County, Virginia, in Block Forty (40), of "Oceana Gardens" and more particularly
bounded and described as follows,to-wit:
Beginning at a point on the Southern line of Virginia Beach Blvd.,which point is 507.67 feet from
the Southeastern corner of East Lane and Virginia Beach Blvd. and running thence Easterly along
the Southern side of Virginia Beach Blvd. 279.37 feet to a point; thence turning and running in a
Southerly direction and parallel to East Lane 237.21 feet to a point; thence turning and running in
a Westerly direction and parallel to Virginia Beach Blvd. 279.37 feet to a point; thence turning and
running in a Northerly direction and parallel to East Lane 237.21 feet to the point of beginning.
GPIN: 2417-15-4801-0000
H:\AM\—Mod of Proffers\Modern Savage Investments\1st Amendment to Proffers_clean 2-13-2023.docx
6
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Zoning Southeastern corner of the intersection of Virginia Beach Boulevard
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0 30 60 120 180 240 300 360
86
ITEM— V.L.3
PLANNING ITEMS
ITEM#74128
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of B AND B ASSOCIATES OF
VIRGINIA, INC/INDIAN RIVER APARTMENTS, LLC for a Change in Nonconformity re expansion
of apartment complex at 1008 Mineola Drive DISTRICT 1 (formerly District 2—Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BORN B AND B ASSOCIATES OF VIRGINIA,INC/INDIAN RIVER
APARTMENTS, LLC for a Change in Nonconformity re expansion of
apartment complex at 1008 Mineola Drive (GPIN 1446959553)
DISTRICT 1 (formerly District 2—Kempsville)
The following conditions shall be required:
1. The proposed expansion shall be developed substantially as depicted on the conceptual
site plan entitled "Indian River Apartments- Leasing Office 1008 Mineola Drive",
prepared by AES Consulting Engineers, which has been exhibited to the Virginia Beach
City Council and is on file in the Department of Planning& Community Development.
2. The exterior of the proposed building expansion shall substantially adhere in appearance,
size, and materials to the submitted elevations entitled "Indian River Garden Apartments-
Exterior Elevations", dated December 9, 2022, prepared by Beacon Architecture and
Design, which has been exhibited to the Virginia Beach City Council is on file in the
Department of Planning& Community Development.
3. A Landscape Plan shall be submitted to the Development Services Center of the
Department of Planning and Community Development for review and ultimate approval
prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address
all requirements of the Landscaping Guide including, but not limited to, the installation of
street frontage plantings, building foundation plantings, and interior display plantings.All
landscaping shall be maintained on-site in accordance with the approved Landscape Plan.
4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site
plan review. Said plan shall include the location of all lighting fixtures mounted on
buildings and poles as well as the listing of lamp type, wattage, and type of fixture.
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 181h day of April Two Thousand
Twenty Three.
April 18, 2023
87
ITEM— V.L.3
PLANNING ITEMS
ITEM#74128
(Continued)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N.D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
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Zoning 1008 Mineola Drive
Building
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88
ITEM— V.L.4
PLANNING ITEMS
ITEM#74129
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of JOE WHITE /PEMBROKE
SQUARE ASSOCIATES, LLC for a Special Exception for Alternative Compliance re allow for wall
signage larger than what is permitted by the Central Business Core (CBC) Form Based Code at 4564
Virginia Beach Boulevard DISTRICT 9(formerly District 4—Bayside)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
JOE WHITE/PEMBROKESQUAREASSOCIATES,LLCfora Special
Exception for Alternative Compliance re allow for wall signage larger
than what is permitted by the Central Business Core(CBC)Form Based
Code at 4564 Virginia Beach Boulevard(GPIN 1477554898)DISTRICT
9(formerly District 4—Bayside)
The following conditions shall be required:
1. The sign shall be installed substantially as shown in the plan set, entitled "Kohl's +
Sephora';prepared by Jones Sign Company, and dated August 31, 2021, which has been
exhibited to the Virginia Beach City Council and is on file in the Department of Planning
and Community Development.
2. Existing foundation landscaping shall remain and be maintained. Any modification to the
existing landscaping shall be reviewed and approved through the Development Services
Center of the Department of Planning and Community Development.
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 18`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, Robert W.
"Worth"Remick, Dr. Amelia N. Ross-Hammond,N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
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89
ITEM— V.L.S
PLANNING ITEMS
ITEM#74130
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of OCEAN CHILLIN, LLC for a
Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 300 DISTRICT 5 (formerly
District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OCEAN CHILLIN, LLC for a Conditional Use Permit re short term
rental at 303 Atlantic Avenue, Unit 300 (GPIN 24273224031510)
DISTRICTS(formerly District 6—Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic
Avenue, Unit 300 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. The Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of the Conditional Use Permit may be administrative and performed by
the Department of Planning and Community Development;however, the Department shall
notes 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.
S. 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. The 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 18, 2023
90
ITEM— V.L.5
PLANNING ITEMS
ITEM#74130
(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.
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 aims 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(4)-
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 $1-Million 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 18, 2023
91
ITEM— V.L.5
PLANNING ITEMS
ITEM#74130
(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 fire extinguisher has been installed
inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide
detectors are installed in accordance with the building code in affect at the of construction
and interconnected. Units constructed prior to interconnection requirements must have a
minimum of one smoke alarm installed on every floor of the structure and in the areas
adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and
3) All smoke alarms and carbon monoxide detectors have been inspected within the last
twelve months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of
Planning 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.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of April Two Thousand
Twenty Three.
April 18, 2023
92
ITEM— V.L.5
PLANNING ITEMS
ITEM#74130
(Continued)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
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93
ITEM— Y.L.6
PLANNING ITEMS
ITEM#74131
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of MICHAEL BIONDOLILLO /
HELEN A. LEWIS for a Conditional Use Permit re short term rental at 2113 Atlantic Avenue, Unit 2C
DISTRICT 6(formerly District 6—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MICHAEL BIONDOLILLO/HELENA.LEWIS for a Conditional Use
Permit re short term rental at 2113 Atlantic Avenue, Unit 2C (GPIN
24271868788240) 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 2113 Atlantic
Avenue, Unit 2C 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. The Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of the Conditional Use Permit may be administrative and performed by
the Department of Planning and Community Development;however, the Department shall
not,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. The 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 18, 2023
94
ITEM— V.L.6
PLANNING ITEMS
ITEM#74131
(Continued)
7. I. 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.
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 $1-Million 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 18, 2023
95
ITEM— VL.6
PLANNING ITEMS
ITEM#74131
(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 fire extinguisher has been installed
inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide
detectors are installed in accordance with the building code in affect at the of construction
and interconnected. Units constructed prior to interconnection requirements must have a
minimum of one smoke alarm installed on every floor of the structure and in the areas
adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and
3) All smoke alarms and carbon monoxide detectors have been inspected within the last
twelve months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of
Planning 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.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18`h day of April Two Thousand
Twenty Three.
April 18, 2023
96
ITEM— Y.L.6
PLANNING ITEMS
ITEM#74131
(Continued)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick,Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
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97
ITEM— V.L.7
PLANNING ITEMS
ITEM#74132
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED,AS CONDITIONED,BY CONSENT, application of CAYMUS PROPERTIES,INC for
Conditional Use Permits re short term rentals at 509& 511 19th Street DISTRICT 6(formerly District 6
—Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CAYMUS PROPERTIES,INC for Conditional Use Permits re short
term rentals at 509& 511 19`h Street(2427070524-509 19th Street,
241 7979583-511 19th Street)DISTRICT 6(formerly District 6—
Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the two dwelling units addressed as 509 and
511 19`h Street and the Short Term Rental uses shall only occur in the principal structures.
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. The Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of the Conditional Use Permit may be administrative and performed by
the Department of Planning and Community Development;however, the Department shall
not fy 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. The 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 18, 2023
98
ITEM— V.L.7
PLANNING ITEMS
ITEM#74132
(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.
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(4)-
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 $1-Million 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 18, 2023
99
ITEM— V.L.7
PLANNING ITEMS
ITEM#74132
(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 fire extinguisher has been installed
inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide
detectors are installed in accordance with the building code in affect at the of construction
and interconnected. Units constructed prior to interconnection requirements must have a
minimum of one smoke alarm installed on every floor of the structure and in the areas
adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and
3) All smoke alarms and carbon monoxide detectors have been inspected within the last
twelve months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of
Planning 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.
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 181h day of April Two Thousand
Twenty Three.
April 18, 2023
100
ITEM— V.L.7
PLANNING ITEMS
ITEM#74132
(Continued)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N.D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
\ ,
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Agt1n Street __- ---
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Property Polygons Caymus Properties, Inc
O Zoning
509 19th Street & 511 19th Street
Building
mic=mm=0c1 Feet
0 510 20 30 40 50 60
101
ITEM— V.M
APPOINTMENTS
ITEM#74133
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HOUSING ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PLANNING COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
URBAN AGRICULTURE ADVISORY COMMITTEE
April 18, 2023
102
ITEM— V.M
APPOINTMENTS
ITEM#74134
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
PAUL F. MORRISETTE
Three year term 4/18/2023—3/31/2026
HISTORIC PRESERVATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
103
ITEM— V.M
APPOINTMENTS
ITEM#74135
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
DANIEL EDWARDS
Representing District 7
Three year term 4/18/2023—3/31/2026
PARKS AND RECREATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W.
"Worth"Remick, Dr.Amelia N. Ross-Hammond, N. D. "Rocky"Holcomb,Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
April 18, 2023
104
ADJOURNMENT
ITEM#74136
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:54 P.M.
e
Terri H. heli
Chief Deputy City Clerk
(14. 1
Ama a Barnes Robert M. Dyer
City Clerk, MMC Mayor
City of Virginia Beach
Virginia
April 18, 2023