HomeMy WebLinkAboutAUGUST 15, 2023 FORMAL SESSION MINUTES frr
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 15, 2023
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, August 15, 2023, at 12:00 P.M
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
2
CITY COUNCIL'S BRIEFING
PROCESS IMPROVEMENT STEERING COMMITTEE UPDATE
ITEM#74544
12:31 P.M.
Mayor Dyer welcomed Brad Martin, Chair. Mr. Martin expressed his 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 Mr.Martin for the presentation.
August 15, 2023
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City of Virgiriia Beach
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The Process Improvement Steering Committee
The Process Improvement Steering Committee (PISC)was convened in 2012 when Councilman Bobby
Dyer saw the opportunity for an objective and unbiased collection of local talent to study the workings
of our City and suggest improvements to the ways we do business.
PISC exists in an advisory capacity to Council,to execute tasks and perform analysis assigned by City
Council members and Executive City Leadership, when impartial evaluation would be helpful to progress
positive action. PISC meets monthly,on the last Wednesday each month.
Citizen Members:
Brad Martin(Chair) Mike Eason
Tuck Bowie(Vice Chair) Tom Etter
Billy Almond Cal "Cash"Jackson-Green
Bill Coley Clenise Platt
Larry Dotolo Sarah Welch
Descriptions of PISC by our Committee members,and examples of our past work:
1. One of our first assignments was to reconsider the changing Fats, Oils, and Grease requirements
for restaurants in the City. PISC discovered a simple gap in communication where important
stakeholders were not being reached for their opinions.
2. ...a progressive committee, making corrective but supportive recommendations...
3. Actively touching the community,through our own personal jobs,while maintaining an open
line of communication with members of City Council.
4. Initiation and follow through regarding city employees on City employment- both the survey
and continuing work with staff.
5. Ongoing work regarding Stormwater, including research an analysis of the impact of correct
ordinances and policies; and extensive work with Public Works and Planning.
6. Our Committee's ongoing interest in having the membership makeup of the Committee
generally reflect the diverse citizens of our City.
7. Develop an employee survey to determine the reason employees were leaving the city and
evaluating solutions to retain those employees.
August 8,2023
Ih
8. Worked with city staff and consultant on the process of developing additional suggestions from
City Council and senior staff.
9. Our recommendation and City implementation of moving from a semi-monthly pay cycle to a bi-
weekly arrears cycle. This avoided an average annual cost of$514,000 and provided consistency
and manageability for employees and workload on staff.
10. PISC made recommendations to Senior Management on how to make process improvement a
formal part of the City Organization. Further analysis needs to be done to ensure these
recommendations are being implemented.
11. Analysis of the business environment in the City and identification of barriers to small business
development and expansion. This report entitled Improving the Small Business Environment in
the City of Virginia Beach outlines five(5) areas of recommendations for improvement.
12. white paper on improving the development review process. This is an ongoing project that
continues to require the discussion between the PISC and senior management.
13. PISC appointed a Small Business Subcommittee(SBSC)to identify barriers to business growth
and development and recommend practical solutions to the Virginia Beach City Council and the
City of Virginia Beach management. At the conclusion of a survey,top issues were identified
and summarized in a report to the city in May of 2016. The city has been successful in
improving the small business climate in our city by implementing many of its recommendations.
14. Provided insight to City Public Works as they transitioned the City's mobile phone service
request/reporting app from "SeeClickFix"to"VB Works".
15. Suggested public outreach efforts to identify and fix local flooding and drainage issues (Flooding
Outreach document attached).
16. Briefed City Council at their January 2023 retreat on the flooding/stormwater design &analysis
and the potential impact of the successful stormwater referendum in 2022.
17. In April 2023, PISC suggested that the Planning Department end the COVID-era policy of closing
every day at lunchtime;the Planning Department re-opened the counter at lunchtime starting
June 1, 2023.
18. Nominated PISC member Larry Dotolo to the Citizens Committee on Boards and Commissions
(CCBC)which produced their final report to City Council in June, 2022.
August 8,2023
„,,6 w n' ,
f ' , City of Virginia Beach
Process Improvement Steering Committee4:,411i,:a July 1, 2022 - June 30, 2023 Annual Report to City Council
Author: Brad Martin, P.E., Chair
Date: August 11, 2023
Executive Summary
In the past fiscal year, the Process Improvement Steering Committee (PISC) met 10 times and
participated in the January 2023 City Council retreat.
Included for your review is a summary of the PISC FY2023 accomplishments, membership,
attendance, and goals and objectives for FY2024.
Mission Statement
PISC was convened in 2012 when then Councilmember Bobby Dyer saw the opportunity for an
objective and unbiased collection of local talent to study the workings of the City and suggest
improvements to the ways it does business.
PISC exists in an advisory capacity to Council, to execute tasks and perform analysis assigned by City
Council members and Executive City Leadership, when impartial evaluation would be helpful to
progress positive action.
Accomplishment of Goals and Objectives
During Fiscal Year 2023,the PISC worked on the following key matters in furtherance of its mission:
1. Stormwater
a. Developed the Stormwater Solutions Proposal document which provided a concise yet
thorough history on stormwater guidelines in Virginia and Virginia Beach, as well as
outlined some of the stormwater regulations challenges and opportunities that exist.
b. Briefed City Council at their January 2023 retreat on the flooding/stormwater design
and analysis and the potential impact of the successful stormwater referendum in
2022. During the presentation, PISC recommended City Council create a task force
to further study the issue.
2. PISC discussed opportunities to better serve the public by ending the Planning Department's
COVID-era policy of closing the counter every day at lunchtime. Following PISC's
recommendation, the Planning Department restructured staffing schedules and ended the
practice effective May 30,2023.
1
3. Through various City department briefings, PISC remained informed of and provided input
on a variety of important City priorities and topics, including but not limited to:
a. Employee recruitment and retention: PISC's employee retention survey conducted
in FY22 continued to guide its focus on partnering with City leadership to enhance
employee recruitment and retention. In FY23, PISC received presentations and
provided input to various City departments including Human Resources, Planning
and Community Development, and the Police Department.
b. Affordable housing/housing affordability: The Director of Housing and
Neighborhood Development provided a briefing of the Virginia Tech Housing Study.
A PISC member participated in one of the Virginia Tech focus group discussions.
c. Planning and Development's plan review performance: each month, PISC reviews
the Planning and Development Department's performance metrics plan review
turnaround times.
2
3
CITY MANAGER'S BRIEFINGS
RUDEE LOOP RFH UPDATE
ITEM#74545
12:44 P.M.
Mayor Dyer welcomed Kathy Warren, Director—Planning. Mrs. Warren expressed her appreciation to
City Council for their continued support:
Rudee Loop Next Steps
Kathy Warren,Director of Planning I August 15,2023
CITY OF
VIRGINIA
BEACH
Here is the Presentation Overview:
Presentation Overview
1. Background
.ter..
2. 2022 Rudee Loop Request for
Information and Ideas(RFII)Recap `'= '
3. Winter/Spring 2023 Community
Engagement Feedback Summary a "
4. Potential Redevelopment Options and
Associated Next Steps for Consideration — r •...;
August 15, 2023
4
CITY MANAGER'S BRIEFINGS
RUDEE LOOP RFII UPDATE
ITEM#74545
(Continued)
The next few slides provide the Background:
Background
• Rudee Loop is an approximately 8-acre peninsula
located adjacent to Rudee Inlet that is an assemblage
of former businesses and street network and is
currently being used primarily for surface parking
• The City desires to transform Rudee Loop into a
unique development with an emphasis on open r
space
• Current zoning(OR-Oceanfront Resort)allows for 11UosLOOP
mixed-use development with a variety of building : LOCATION
types •
• The 2030 Resort Area Strategic Action Plan(RASAP)
recommended additional investigation and citizen f )
input before decisions are made concerning its future
e1)0EE EaorxER,MPS 3
2022 RFII Recap Four Responses
Were Received:
• The City of Virginia Beach&Virginia Beach Development A. Bruce Smith
AuthorityEnterissued a Request for Information and Ideas Marquetterise,Madison
q Marquette
(RFII)in May of 2022.Proposals were solicited for how Development Team
the parcels might be developed,with an emphasis on and Armada Hoffler
open space that attracts residents and visitors and B. The Virginia
supports surfing,fishing and outdoor recreation. Gentlemen Foundation
and EDSA(2 options)
• After the(4)responses were received,City Council C. Gold Key I PHR
requested public engagement to provide residents and (2 options)
stakeholders an opportunity to review and provide D. Virginia Beach Parks
comment on the proposals. and Recreation
RUM LOOP NIYi STEPS 4
August 15, 2023
5
CITY MANAGER'S BRIEFINGS
RUDEE LOOP RFII UPDATE
ITEM#74545
(Continued)
2022 RFII Recap
Four Responses
O Retail,restaurants,(2)Hotels, ,t, Were Received:
ft
Condominiums,Apartments, ��/��,4, A. Bruce Smith
parking garage and four-acre -iJ ?It Enterprise,Madison
park o f.' Marquette
7 1 Development Team
nor '' and Armada Hoffler
O B. The Virginia
Gentlemen Foundation
• and EDSA(2 options)
'ems C. Gold Key I PHR
wROF • p (2 options)
. • • D. Virginia Beach Parks
-• o -5" and Recreation
—. .UUILLW4xixis,FGs I S
The next few slides summarize the Winter/Spring 2023 Community Engagement:
Winter/Spring 2023 Community
Engagement Summary
City staff contracted with Work Program Architects(WPA)to
conduct the community engagement and engaged residents Speak Up
city-wide through:
✓ An online survey taken by 4,269 participants HELP US REIMAGINE
✓ Over a dozen one-on-one stakeholder interviews with RUDEE LOOP
Resort area neighborhood associations,businesses,City o.
departments,and trade/business associations og
✓ Two publicly advertised open houses attended by over ....x..x.x.•teen
180 residents ---�
August 15, 2023
6
CITY MANAGER'S BRIEFINGS
RUDEE LOOP RFII UPDATE
ITEM#74545
(Continued)
Community Engagement Four Responses
Summary — Proposal Preference Were Received:
A. Bruce Smith
Enterprise,Madison
Prurosa A Proposal C Marquette
6o�o 4% Development Team
and Armada Hoffler
Pro..sal D
64% B. The Virginia
Gentlemen Foundation
and EDSA(2 options)
�OpO�' C. Gold Key I PHR
25% (2 options)
D. Virginia Beach Parks
and Recreation
Ruoff l0001177777775 I
Community Engagement Summary -
Key Take Aways What Is the main draw/attracPonyou want to see at Rudee Loop?
• Overwhelming preference for 1007 sago
open/green space
preservation and expansion
• The ability to preserve access
to the southernmost point of
Rudee Inlet and open
viewsheds is paramount
• Consensus that parking needs P goi
to be improved,but ,� ,•�,
preference fora garage was E m 5 PI11, f EI
rr.Jew m.Zlx 7,I,•.rx 17,tax ia.7"ex er ex $x SIC Jx.
mixed ., R„po,b,,,,,
August 15, 2023
7
CITY MANAGER'S BRIEFINGS
RUDEE LOOP RFII UPDATE
ITEM#74545
(Continued)
Potential Next Steps for Consideration
Exhibit A- i ti
City rtjr ,.
Parcels
(�City of �� - N .
Virginia
Beach ,. S' �1 u ` I. of u:
(5.7Acres) �� 22AeM 1
• • .ir • .. ClIN,RC Ave,
l—I Virginia - -- • -- - -
Beach
ill
p,Deve10 e b' �71 - �Authority
(0.5 Acres)
6.2 Acres Total ‘),
PVDEEt00031Ek1SUP5 13
Here are the Potential Park Development Options for Consideration:
Potential Park Development • a. rt
Options for Consideration E � '
1. Park with surface and/or structured parking •
2. Park with surface and structured parking, -.
food/beverage,and retail services , .
3. Park with surface and structured parking,
food/beverage,retail services and multifamily .
wrapping upper floors of structured parking garage ,' a
4. Other as directed by City Council -
RUDEE10001.151E05 1 10
August 15, 2023
8
CITY MANAGER'S BRIEFINGS
RUDEE LOOP RFII UPDATE
ITEM#74545
(Continued)
Option la: Park with Surface Parking Diagram
I• `ter 1; t
la
Park Space a
e Park Space . "
.Grr
r 1;7
. Ts
Park Space f
i # _ e 1
11
.._.may__-. _
Option 1b: Park with Surface & Structured Parking
Parking
Ir Garake r_
Park Space
1-0
L � 1 • � 1r .�
. �:1 �
Park Space r T r J • - 4 r ,
-\r1 J
RUM LOOP wr.MUS 12
August 15, 2023
9
CITY MANAGER'S BRIEFINGS
RUDEE LOOP RFII UPDATE
ITEM#74545
(Continued)
Option 2: Park with Surface & Structured Parking, F&B & Retail
y
— Ground Floor
' Commercial". _~ neolooMrow-.
ii
/': ., t Parking 1
Garage
���
/ III ' '` '
i Park Space
*‘14116E '
♦LVNi HA✓N llll+lp. -a.
Park Space JJ
i + ,� Tii4 :):'s,
Option 3: Park with Surface & Structured parking, F&B,
Retail & Multifamily Wrapping Garage
11-'• Upper Story r 7. \`'if�s
. ,�._ Multifamily :,.�yw . '`_ r \W�'�'
Ground Floor 1 w
Commercial . ' Parking 44 -
;4 Garage 1 ,`,
Park Space + 1 s
r Park Space --''� (— r c`. .—" 4 ,
i
August 15, 2023
10
CITY MANAGER'S BRIEFINGS
RUDEE LOOP RFH UPDATE
ITEM#74545
(Continued)
Here are the Cost Considerations:
Cost Considerations
1. Estimate to develop an iconic signature park is$40M and$1.1M in operations and
maintenance annual costs,exclusive of a parking structure.
2. Parking garages are currently estimated to cost$30,000 to$40,000 per space for
construction.
3. Source of funds for park and garage operations can be considered at a later date with
the possibility of a conservancy model.
4. Revenues produced from any development with garage could be dedicated to the
O&M of park if Council desires.
5. A parking garage can become part of an overall Resort parking portfolio and O&M
could be paid for out of Parking Enterprise Fund.
MUM 100r NOXTSTEPS 115
Next Steps for Consideration
1. Decide scope of project(Options 1A,1B,2,3 or others as directed by City Council).
2. Continue RFII process and Issue an RFP with current respondents of the RFII.
3. Cancel RFII process and issue a new,open RFP.
4. Bifurcated Procurement Process:
A. Issue RFP for the Park Design driven by the Department of Parks and Recreation
B. Issue RFP for Garage Design driven by VBDA
5. City could convey additional land to the VBDA to issue an RFP for garage
development,which would allow a longer land lease period,but would require a
supermajority vote.
6. Any conveyance of land from the City to another entity would require a
supermajority vote.
August 15, 2023
11
CITY MANAGER'S BRIEFINGS
RUDEE LOOP RFII UPDATE
ITEM#74545
(Continued)
Discussion
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Mayor Dyer expressed his appreciation to Mrs. Warren for the presentation.
August 15, 2023
12
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
1:27P.M.
Mayor Dyer welcomed Monica Croskey Chaparro, Assistant City Manager. Ms. Chaparro expressed her
appreciation to City Council for their continued support:
Aquarium Ownership
Models
August 15,2023
CITv Df v,arir.;a 27.0
City
Manager
Requests + Approach
• Information on ownership models(original request)
• Information on reduced scope(subsequent request)
• Reviewed 32 of 57 US aquariums accredited by the Association of
Zoos&Aquariums; 13 accredited zoos
• Worked with Virginia Aquarium staff to estimate reduced scope costs
and understand associated impacts
August 15, 2023
13
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
Here are the options for City Council's consideration:
The Ask:
Which path(s) does Council want staff to pursue:
• Original scope
• Reduced scope
• Different ownership model
The next two (2)slides provide an overview of the Virginia Aquarium(VAQ)Structure:
Context: VAQ Structure
• The Virginia Aquarium&Marine Science Center Foundation,Inc.was organized and chartered in
October 1981
• Virginia Aquarium opened in June 1986
• City and the Foundation entered into a formal agreement June 25,2012 which outlines operating
procedures and roles and responsibilities of the parties
• Agreement amended in October 2013,June 2014,May 2017,April 2019
• Current agreement ends April 2024
• Termination at any time by giving other party 90 days written notice;otherwise,agreement is
automatically extended for 5 years
August 15, 2023
14
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
Context: VAQ Structure
Repair, Maintenance & Upgrades
• The City shall operate&maintain the Aquarium and shall repair and replace at its sole
expense,any item,facility,or portion of the building occupied by the Aquarium that was part
of:(i)the original capital Improvement project to construct the buildings that constitute the
Aquarium;or(ii)a capital improvement project affecting the Aquarium buildings and has
since been approved,funded and constructed by the City.
• The Foundation shall provide the funds necessary for programmed upgrading of permanent
exhibits,for the acquisition of animals,for the acquisition and display of temporary exhibits
and for the acquisition,construction and installation of new permanent exhibits located or to
be located in the existing Aquarium Main Building and South Building.
• The Foundation shall own all of the animals acquired for the Aquarium&all permanent
exhibits located in the Aquarium that have been constructed,funded or purchased by the
Foundation.
The next three (3)slides provide an overview of VAQ Financials:
Context: VAQ Financials
Net Income(Loss)
(excludes(IP Funding and mmrect costa)
• Net Income for VAQ s,p10,912
$;a07,933
• Excludes^'$1.5M indirect costs slAU.337 52795361
$1.800000 $6S2M ,a36...,
• Capital Improvements
p p (general fund) FY s FYv 0119 MP ,1
S15.4_o.o001 I Asrvd 4 MO,
• Debt service on-$44M in bonds AM. a Hn:ati" Mom.`.
• $12.2M maintenance ""°°'°°°'
programmed over 6-Yr CIP(52m/Yr)
A3m6.44P1 N2170a171
53!no0.noo1
• Economic Impact
Recent Notable Capital c Foundation
• $257M economic impact annually Investments Funded 0nl 000320utbn contribution
• Remits^'$1M in admissions and 3028 Aquarium Marsh Pavilion Enhancements FY20 $15,252,932 $6,900,373 $8,352,560
3292 VA Aquarium Animal Care Annex Parent FY2I $19,261,914 S17,024,914 5?le?000
sales and use taxes annually
3074 Aquarium Marsh Pavilion Phased FY21 $12,4113,683 $12.490.532 $928,150
Toni 547.933,530 036.465,820 $11,467,710
August 15, 2023
15
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
Scope: January 2023 ,.
Phase 1 Parking Garage/Gateway Bridge $46M-$62M o 0a
Phase 2 Entry,Lobby,Pinnipeds, $86M-$111M /
Back of House, c
Conservation Gallery,
Changing Exhibits Gallery
P us
Phase 3 Atlantic Gallery,Event Space, $47M-$68M •
Back of House
PHASE x .srugE 5
Phase 4 Admin/Classrooms/Back of House, $28M-$46M
Pacific Gallery,Local Gallery,
Immersive Media Gallery
$207M•$287M +
GOO costs ate In MB doll,. ('-
(St at P,QStdtdbycOt,tItS.I -
1111.0111111.111.1 .111111111111111111111
Scope: January 2023
• Projected revenue growth from
$18M to over$35M
• Projected 330,000 more visitors
• Projected$2M in additional
admission taxes remitted
• Projected$300M economic impact
• 10-year phased approach avoids
closing/loss of economic impact
• Nonprofit and philanthropic
financial support
August 15, 2023
16
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
Here are the details for the Potential Reduced Scope:
Potential Reduced Scope
• $105-128M Renovation of the Aquarium Bay and Ocean
Pavilion includes:
• Light Tower(LTT-Sea Turtles)exhibit
2009 Renovation
• Norfolk Canyon(NCa-sharks)exhibit Ho ,<wded)
• Exhibit and service spaces associated with LTT and NCr
• Seal Habitat(Includes holding facility)
• Local exhibit galleries
• Classrooms .,
• Admissions spaces
• Water processing facility(pump house) 1995 expanslc"
1�"c�nd�deol
• Excludes:
• Parking garage Estimates on this reduced scow aro not the product of a consultant's
• 2009 Restless Planet renovation work;figures wen based on 2019 work conducted by staff and adjusted
• 1995 East Wing Expansion(administrative and theater) for zoz.Mallon dollars and best data available.
• Cost of de-assessing current animal collection(up to-51.5M)
• Re-acquisition of animals for a renovated exhibit experience
("$1.5M-$2.5M(
Potential Reduced Scope
• If unable to relocate current animals:
• Darden Marine Animal Care Center could house—60%of fish collection
excluding seals,sea turtles and larger sharks.Would have to eliminate
Stranding Response Program
• Alternatively,a temporary facility adjacent to a saltwater source could be
constructed for$15M+land acquisition that could hold—50%of collection
• Requires closing, loss of revenue and n$257M annual economic impact
• Staffing implications(126 FTEs)
• Philanthropic support outlook- low to none
August 15, 2023
17
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
Context: VAQ Current + Upcoming
Maintenance Needs
• Bio-tower filtration systems beyond expected life
• Exhibits are beyond expected life leading to an increased risk of
failures:these failures can be mechanical or structural
Ownership Models
City Council acknowledges that the Virginia Aquarium
is an educational, cultural, and economic asset to our
city, region, and commonwealth. There was interest in
learning about the ownership models used by other
communities.
August 15, 2023
18
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
The next several slides provide an overview of different types of Ownership Models:
Observations: Ownership Models
• All 45 institutions reviewed are AZA-accredited
• Predominant Models
A. Non-profit+GovernmentCorpcns
B. Non-profit Standalone EntMaMmera Emily,
1Z 27%
C. Non-profit+Corporate Entertainment Entity Nonprofit•Govt
21.45%
D. Corporate Entertainment Entity NonprofitCorp.
Entertainment Entity,
3,7%
• Model A has variations of implementation Nonprofit
Standalone,
9,20%
• Not uncommon for changes in model used
Observations: Changes in Model Used
• Center of Aquatic Sciences at Adventure Aquarium:Corporate Entertainment Entity"acquired Adventure
Aquarium."
• Sacramento Zoo:In 1997,as City funding continued to decrease,the Sacramento Zoological Society took over
financial and daily management of the too from the City of Sacramento.
• Birmingham Zoo:"With so many financial demands on the city taking precedence and no leadership when it was
needed most the Zoo lost accreditation by the Association of Zoos&Aquariums.In 1999 Mayor Richard Arrington
led the way for the privatization of the Zoo,recruiting strong community leaders to serve as the first Board of
Directors of a new organization,Birmingham Zoo,Inc.(BZI).The new organization established a transitional funding
package with contributions from four government entities to support B21 during its first five years of operation.BZI is
now in its nineteenth fiscal year as a private,non-profit organization.
• Seattle Aquarium:"Opened in 1977,the Seattle Aquarium was owned and operated by the City of Seattle
Department of Parks and Recreation until 2010,when the nonprofit Seattle Aquarium Society assumed its
management—a model used by most leading zoos and aquariums across the country.
• Florida Aquarium:"The Florida Aquarium,Inc.was Incorporated In 1986 as a nonprofit organization.The construction
of an aquarium(the Facility)was completed and opened to the public in March 1995.In October 1996,The Florida
Aquarium,Inc.sold the Facility and related assets to the City of Tampa,Florida,and entered Into an agreement with
the City for management of the Facility."
• Atlanta Zoo:"In 1984,a series of highly publicized events revealed deteriorating conditions at the Zoo,prompting
Parade magazine to label the institution as one of the top 10 worst in the nation.A subsequent investigation lost the
Zoo its accreditation,and an outraged public demanded that the facility be closed.Mayor Andrew Young assembled
an emergency crisis team.New governance followed In 1985,with the Zoo's privatization and the creation of the
nonprofit Atlanta Fulton County Zoo,Inc."
August 15, 2023
19
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
Observations: Ownership Models
Nonprofit♦Govt Nonprofit Standalone Nonprofit a Corp.Entertainment Entity Corporate Enteraalnment Entity
Birmingham Zoo Indianapolis Zoo Adventure Aquarium Ripley's Aquarium
Sacramento Zoo SC Aquarium OdySea Aquarium Aquarium of the Smokies
Seattle Aquarium Monterey Bay Aquarium Newport Aquarium SeaWodd San Antonio
Brookfield Zoo Mote Marine Laboratory and Aquarium SeaWodd San Diego
Shedd Aquarium Oregon Coast Aquarium SeaWodd Orlando
Aquarium of the Pacific Georgia Aquarium Sea Life Aquarium Legoland
The Florida Aquarium Phoenix Zoo Aurora Sea Life Aquarium
Zoo Atlanta Myrtrc Aquarium Sea Life Orlando
Lincoln Park Zoo Brevard Zoo Sea Life Grapevine
National Aquarium Sea Life Charlotte-Concord
Audubon Aquarium of Americas Sea Life Michigan
Fort Fisher-NC Aquarium Sea Life Kansas City
Pine Knoll Shores•NC Aquarium
Roanoke Island-NC Aquarium
Los Angeles Zoo
Zoo Bone
Oakland Zoo
San Diego Zoo
Brandywine Zoo
Zoo Miami
Riverbanks Zoo and Garden
21 1 8 12
The next few slides provide details on a Non-profit and Government model:
Observations: (A) Non-profit + Government
• Roles of non-profit and government
differ
A. Non-profit responsible for operating and Nonprofit Bppporte
managing the facility Gout Operates,
..Nonprofit a. 8,38%
B. Non-profit responsible for supporting we Owns,
mission and philanthropic fundraising
• Level of government differs
August 15, 2023
20
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
Observations: (A) Non-profit + Government
Government Nonprofit+Govt Operates Nonprofit Operates+Govt Owns
State Fort Fisher-NC Aquarium Birmingham Zoo
State Pine Knoll Shores-NC Aquarium Sacramento Zoo
State Roanoke Island-NC Aquarium Seattle Aquarium
State Brandywine Zoo Brookfield Zoo
Special Parks District Riverbanks Zoo and Garden Shedd Aquarium
City Los Angeles Zoo Aquarium of the Pacific
City Zoo Boise The Florida Aquarium
City Zoo Miami Zoo Atlanta
Lincoln Park Zoo
*Virginia Aquarium* National Aquarium
Audubon Aquarium of Americas
Oakland Zoo
San Diego Zoo
8 13
Here are details for a Non-profit Standalone model:
Observations: (B) Non-profit Standalone
Nonprofit Standalone
Indianapolis Zoo
SC Aquarium
Monterey Bay Aquarium
Mote Marine Laboratory and Aquarium
Oregon Coast Aquarium
Georgia Aquarium
Phoenix Zoo
Mystic Aquarium
Brevard Zoo
9
August 15, 2023
21
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
Here are details for a Non-profit and Corporate Entertainment Entity:
Observations: (C) Non-profit + Corporate
Entertainment Entity
• Sizable aquariums
Nonprofit+Corp.Entertainment Entity
Adventure Aquarium
OdySea Aquarium
•Two of these were Newport Aquarium
acquired
3
The next two (2)slides provide details for a Corporate Entertainment Entity:
Observations: (D) Corporate Entertainment
Entity
Corporate Entertainment Entity
•These US aquariums Ripley's Aquarium
tend to be smaller in Aquarium of the Smokies
SeaWorld San Antonio
size SeaWorld San Diego
SeaWorld Orlando
Sea Life Aquarium Legoland
• Ripley's Aquarium of Arizona Sea Life Aquarium
Canada - 1.5Mgallons Sea Life Orlando
Sea Life Grapevine
of water Sea Life Charlotte-Concord
Sea Life Michigan
Sea Life Kansas City
12
August 15, 2023
22
CITY MANAGER'S BRIEFINGS
VIRGINIA AQUARIUM UPDATE
ITEM#74546
(Continued)
Observations: Corporate Entertainment Entity
• Preliminary discussions with entities as part of understanding the various ownership
model structures
• Factors they consider
• Market
• Location
• Size
• Deferred maintenance is not a disqualifying factor and not uncommon in acquisitions
• Acquisitions have occurred in which:
• Foundation partner remains intact and receives portion of profit for its mission
• Aquarium leadership remains in place
• Variety of structures used
• (e.g.,government retains ownership of facility/land,entity assumes ownership of facility/land)
Council Discussion:
Which path(s) does Council want staff to pursue:
• Original scope
• Reduced scope
• Different ownership model
Mayor Dyer expressed his appreciation to Ms. Chaparro for the presentation.
August 15, 2023
23
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74547
2:12 P.M.
Council Member Taylor advised he attended the Bank On Hampton Roads Celebration last Thursday and
provided comments. Council Member Taylor advised the Bank On Hampton Roads Program provided
financial empowerment skills, at no cost to sixty-six (66)participants. Council Member Taylor advised it
was inspiring to see the participants who started with zero dollars in savings, complete the program with
money invested into savings which was matched by Bank On Hampton Roads.
August 15, 2023
24
CITY COUNCIL DISCUSSION/INITLATIVES/COMMENTS
ITEM#74548
(Continued)
Council Member Taylor expressed his appreciation to the Public Utilities and Public Works staff for their
responses to issues in District 8. Council Member Taylor advised a truck ran across someone's property
on Kings Grant Road and he learned about the incident from a citizen who explained he did not need to
contact Council Member Taylor because City Staff was so responsive. Council Member Taylor advised the
other issue was with collection of yard debris which was picked up the day after receiving the complaint.
Council Member Taylor expressed his appreciation to staff, including R.J. Mattes,Assistant to the City
Manager — Special Projects / ADA Coordinator and Jonathan Torres, Community Affairs Liaison /
Assistant to the City Manager.
City Manager Duhaney advised there was an article in the newspaper under the opinions section where a
citizen specifically expressed appreciation to Director LJ Hansen, Director-Public Works, Mr. Mattes
and Mr. Torres. City Manager Duhaney expressed his appreciation to each of them and the Public Works
staff.
August 15, 2023
25
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74549
(Continued)
Council Member Henley advised the Open Space Advisory Committee (OSAC) would like to include High
School student members on the Committee and she will be sponsoring the Resolution to make the
amendment and asked if any other Council Members will Co-Sponsor? Vice Mayor Wilson and Council
Member Schulman expressed their support.
August 15, 2023
26
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74550
(Continued)
Council Member Henley referenced the drive time analysis from current Recreation Centers which was
provided at the City Council Retreat held last winter and advised the map enclosed does not show the entire
area of District 2. Council Member Henley advised as preparations are made for the upcoming City
Council Retreat, she wants to ensure an updated map will be provided.
August 15, 2023
27
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74551
(Continued)
Council Member Rouse advised she attended the Minority Business Council (MBC) meeting last Friday
and the City is sending out an RFP to update the Disparity Study with the intent to award the proposal in
September.
Council Member Rouse further advised a couple of Commissioners from the Active Transportation Advisory
Committee (ATAC) attended training provided by Virginia Department of Transportation (VDOT) and
passed on information regarding funding for the VBTrail. Council Member Rouse advised the General
Assembly will prioritize five (5) trails to provide $70-Million in state funding to support which adversely
changes the current process for communities to compete for grants. Council Member Rouse advised
potential changes to the SMART Program could also cause setbacks for receiving funding for the VBTrail
since roadwork may be considered priority over trails.
August 15, 2023
28
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74552
(Continued)
Council Member Berlucchi advised the Human Rights Commission (HRC) held their Annual Retreat last
week where they strengthened their network and worked on the Commissions' strategies for next year.
Council Member Berlucchi expressed his appreciation to Vice Mayor Wilson for attending and showing
her support.
August 15, 2023
29
CITY COUNCIL DISCUSSION/INITLATIVES/COMMENTS
ITEM#74552
(Continued)
Council Member Ross-Hammond expressed her condolences to family and friends of Bart Frye and Missy
Schmidt, both recently passed away.
August 15, 2023
30
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74553
(Continued)
Council Member Wooten advised that this Friday, at 10:00 A.M., she will walk with Police and Public
Safety personnel through the Level Green neighborhood. Council Member Wooten advised recently a
police officer was injured while responding to an auto theft complaint in the Level Green neighborhood
and has since learned the area is a "hot spot"for criminal activity. Council Member Wooten believes
there is a need to provide youth something to do to deter them from crime and recommended a recreation
center in District 7.
August 15, 2023
31
CITY COUNCIL DISCUSSION/INITLATIVES/COMMENTS
ITEM#74554
(Continued)
Council Member Wooten advised she will host her Ignite Business Series event on August 10,from 8:30
A.M. —2:00 P.M, at the Convention Center. Council Member Wooten advised August is National Black
Business Month and the event will celebrate local businesses and provide discussions on Professional
Brand Tips, Business Beyond the Pandemic and Emerging Entertainment Business Growth. Council
Member Wooten advised she will also have an area to accept school supplies to provide to students.
August 15, 2023
32
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74555
(Continued)
Council Member Schulman advised he will host his second listening session Saturday at Bayside Recreation
Center from 5:30— 7:00 P.M and invited anyone interested to attend.
Council Member Schulman further advised, he will bring the proposed, "Resolution Establishing a
Stormwater Management Task Force"forward for consideration. Council Member Schulman advised the
purpose of the Task Force will be to review current stormwater management policy objectives with land
use and redevelopment issues. Council Member Schulman advised he would like to have additional
discussions with the Body before bringing it forward for consideration and would like to have it included
in the record for the public to review, attached hereto and made a part of the record.
August 15, 2023
REQUESTED BY COUNCILMEMBER SCHULMAN AND
1 A RESOLUTION ESTABLISHING A STORMWATER
2 MANAGEMENT TASK FORCE
3
4 WHEREAS, the City Council created the Process Improvement Steering
5 Committee ("PISC") to provide recommendations to improve various aspects of the City's
6 government;
7
8 WHEREAS, the City Council referred the "Resolution to Adopt and Amend the
9 Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for
10 Discretionary Land Use Applications" to the PISC, and the PISC has recommended the
11 establishment of a "work group to provide recommendations regarding how best to
12 balance the need for stormwater management and flooding protection with development
13 and redevelopment opportunities;" and
14
15 WHEREAS, the City Council agrees that such a task force would be beneficial;
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 1. That the City Council hereby establishes the Stormwater Management Task
21 Force.
22
23 2. That the task force shall serve in an advisory capacity to the City Council, and
24 the City Council shall appoint its members.
25
26 3. That the task force shall consist of a total of no more than 17 members, as
27 follows:
28
29 a. No more than 11 subject matter experts and industry stakeholders (such
30 as a landscape architect, land use and/or environmental attorney(s),
31 environmental professionals, engineering consultants, and members of
32 the real estate development community).
33 b. 1 resident representative for the Elizabeth River Watershed who resides
34 in either District 1 or District 4, appointed with the concurrence of the
35 Councilmembers representing Districts 1 and 4;
36 c. 1 resident representative for the Thalia Creek and London Bridge Creek
37 drainage basins (to include areas such as Windsor Woods, Princess
38 Anne Plaza, Green Run and Bow Creek) who resides in either District 3
39 or District 10, appointed with the concurrence of the Councilmembers
40 representing Districts 3 and 10.
41 d. 2 resident representatives for the Chesapeake Bay Watershed and who
42 reside in District 6, District 8, or District 9, appointed with the
43 concurrence of the Councilmembers representing Districts 6, 8, and 9.
44 e. 2 resident representatives for the Southern Rivers Watershed who
45 reside in District 2, District 5, or District 7, appointed with the
46 concurrence of the Councilmembers representing Districts 2, 5, and 7.
47
48 4. That the duties of the task force shall be to:
49
50 • Further review the topic of stormwater management and its impact on land
51 use and redevelopment issues;
52 • Identify whether there are any opportunities, advantages, or disadvantages
53 to strengthening regulation alignment and specificity based on the City's
54 varied drainage basins, and a property's land use and zoning
55 characteristics;
56 • Formalize a cost-sharing program relative to stormwater infrastructure and
57 policy to include developing criteria for cost-sharing eligibility; and
58 • Determine whether there are any opportunities to advance/incentivize
59 desired outcomes, such as affordable housing, the preservation and
60 enhancement of our City's tree canopy and open spaces, utilization of
61 nature-based stormwater management practices in addition to grey
62 infrastructure solutions, strategic and resilient approaches to
63 redevelopment, and other preferred land use approaches, through
64 stormwater management.
65
66 5. That the City Manager shall provide staff and other support to the task force,
67 including a professional facilitator to guide the task force meetings.
68
69 6. That the task force shall provide its recommendations to the City Council within
70 six months of the appointment of all of its members.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2023.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA16215
R-1
July 21, 2023
33
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74556
(Continued)
Council Member Remick expressed his appreciation to Public Works, Planning and Police staff who
supported his District 6 Town Hall Meeting last Thursday.
August 15, 2023
34
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#74557
(Continued)
Mayor Dyer advised there was a very favorable article in the newspaper recently regarding the dedication
of the Bow Creek Project which involves converting the golf course into a facility that will provide
significant stormwater storage to mitigate flooding and restore natural systems while still providing active
and passive recreational opportunities. Mayor Dyer advised Council Member Berlucchi attended and
asked him to provide comments.
Council Member Berlucchi advised this is one of the most important projects the Body has done in the past
decade and a result of the disproportionate damage done to homes in District 3 during Hurricane Matthew
in 2016. Council Member Berlucchi advised the hurricane taught leadership what happens when
stormwater management and systems are not adequately maintained, adding, the silver lining through the
tragedy was the community engagement with City staff, civic leagues,residents and engineers who provided
input leading to the development of this project.
August 15, 2023
35
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#74558
(Continued)
Mayor Dyer advised the City Council Retreat on August 22nd will be live streamed for the public to view.
August 15, 2023
36
AGENDA REVIEW SESSION
ITEM#74559
2:35 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES
1. Ordinance to ADOPT the 2023 Redistricting Plan and to AUTHORIZE the implementation of a
ten single-member district system of local elections
2. Ordinance to ESTABLISH Capital Project #100666 "Dam Neck Road — London Bridge
Connector Improvements";APPROPRIATE$22.5-MILLION in Public Facility Revenue Bonds;
DEDICATE certain real estate tax revenue; and AUTHORIZE the execution of a Development
Agreement for construction of infrastructure
3. Ordinance to AUTHORIZE the City Manager to EXECUTE five (5) Leases for the use of City
Park Properties re Little League Operations
4. Ordinance to APPROPRIATE funds from the Tourism Investment Program (TIP) Fund Balance
to AWARD a $90,000 grant to Hampton Roads Pride re Pride at the Beach 2024 (Requested by
Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi,Holcomb,Remick,Ross-Hammond,
Rouse, Schulman, Taylor, and Wooten)
5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property
known as Treasure Canal and City-owned 5'drainage utility easement at the rear of 2241 Leeward
Shore Court re construct and maintain a floating dock, timber pier, rip rap and boat lift
DISTRICT 8
6. Ordinance to APPROPRIATE $750,000 from the Tourism Investment Program (TIP) Fund
Balance to the FY2023-24 Convention and Visitors Bureau Operating Budget and AUTHORIZE
the City Manager to EXECUTE a Sponsorship Agreement with Audacy Virginia LLC re new fall
music festival
7. Ordinance to ACCEPT and APPROPRIATE $322,968 from the Virginia Department of Social
Services to the FY2023-24 Human Services Operating Budget re Medicaid redetermination efforts
8. Ordinance to ACCEPT and APPROPRIATE $190,000 from the Virginia Beach Department of
Public Health to the FY2023-24 Fire Department and Emergency Medical Services Operating
Budget re implement an Aging in Place pilot program
9. Ordinance to ACCEPT and APPROPRIATE$59,364 from the Virginia Department of Criminal
Justice Services to the FY2023-24 Human Services Operating Budget and TRANSFER $102,513
from the General Fund to provide the required local match re Community Corrections and
Pretrial Services Programs
10. Ordinance to TRANSFER $996,254 from CIP Project 100589 "Central Utility Plant
Enhancements" to CIP Project 100590 "Courts Building Direct Digital Control" re estimated
labor costs increase
August 15, 2023
37
AGENDA REVIEW SESSION
ITEM#74559
(Continued)
11. Ordinance to TRANSFER one position and associated funding from the Municipal Council to the
Office of the City Manager re provide staff support for the Independent Citizen Review Board
J. ORDINANCES:
ITEM#1 WILL BE CONSIDERED SEPARA TEL Y
ITEM#2 WILL BE CONSIDERED SEPARA TEL Y
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARA TEL Y
ITEM#6 WILL BE CONSIDERED SEPARATELY
August 15, 2023
38
AGENDA REVIEW SESSION
ITEM#74559
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. CITY OF VIRGINIA BEACH for a Street Closure re approximately 20,332 square feet of New
York Avenue between South First Colonial Road and Oceana Boulevard DISTRICT 6
2. ALEXANDRA PAGE POPE TRUST, DATED OCTOBER 30, 2017 for a Change in
Nonconformity re modify principal dwelling at 4205 and 4207 Atlantic Avenue DISTRICT 6
3. WINNER'S PROPERTIES,LLC for a Modification of Proffers to a Conditional Rezoning and a
Modifications of Conditions to a Conditional Use Permit re motor vehicle sales and service at
5200 Virginia Beach Boulevard DISTRICT 4
4. FIRST CLASS EVENT RENTALS, LLC/W.E. SAMS PROPERTIES, LLC for a Conditional
Use Permit re assembly use at 4020 Bonney Road, Suite 101 DISTRICT 4
5. MILESTONE TOWER LIMITED PARTNERSHIP IV/PAUL S. BROWN FAMILY,LLC for
a Conditional Use Permit re communication tower for a portion of a parcel on the East Side of
Harpers Road&North of London Bridge Road DISTRICT S
6. BEAUIBROWZ,LLC/WILLIS REALTY GROUP for a Conditional Use Permit re tattoo parlor
at 4224 Virginia Beach Boulevard, Suite 104 DISTRICT 8
7. ASCENSIONS GROUP,LLC/GEORGE& JOAN GEORGHIOUfor a Conditional Use Permit
re short term rental at 402 22"d Street DISTRICT 6
8. NICHOLAS IULIANO for a Conditional Use Permit re short term rental at 505 20th 1/ Street
DISTRICT 6(Deferred from July 18, 2023)
9. JAMIE GEORGE for a Conditional Use Permit re short term rental at 507 20t / Street
DISTRICT 6(Deferred from July 18, 2023)
K. PLANNING ITEMS:
ITEM#7 WILL BE CONSIDERED SEPARATELY
ITEM#8 WILL BE CONSIDERED FOR DEFERRAL TO SEPTEMBER 19, 2023
ITEM#9 WILL BE CONSIDERED FOR DEFERRAL TO SEPTEMBER 19, 2023
August 15, 2023
39
ITEM#74560
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).
• Districts 1, 3, 4, 5, 6, 8 and 9
• District 5
• District 6
• District 4
• District 6
• District 3
LEGAL MATTERS: Consultation with legal counsel employed or
retained by a public body regarding specific legal matters requiring the
provision of legal advice by such counsel pursuant to Section 2.2-
3711(A)(8).
• Election System
• Sports Center
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body pursuant
Section 2.2-3711(A)(7).
• Kowalewitch v. City of Virginia Beach
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
August 15, 2023
40
ITEM#74560
(Continued)
Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council
voted to proceed into CLOSED SESSION at 2:41 P.M.
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
Break 2:41 P.M. — 2:52 P.M.
Closed Session 2:52 P.M. — 5:53 P.M.
August 15, 2023
41
FORMAL SESSION
VIRGINL4 BEACH CITY COUNCIL
AUGUST 15, 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, August 15, 2023, at 6:00 P.M
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
INVOCATION: Mayor Dyer
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
CITY COUNCIL DISCLOSURES:
Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna
Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102,
Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of
Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest
in numerous matters in which she is not personally involved and of which she does not have personal
knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for
each meeting of City Council for the purpose of identifying any matters in which she might have an actual
or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies
a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate
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.
August 15, 2023
42
Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC,
("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers
and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters
in which he is not personally involved and has no personal knowledge. In that regard, he is always
concerned about the appearance of impropriety that might arise if he participates in a matter before the
City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that
interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government
Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the
agenda for each meeting of the City Council to identify any matters in which he might have an actual or
potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he
has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will
file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council.
August 15, 2023
43
VLF
CERTIFICATION
ITEM#74561
Upon motion by Council Member Ross-Hammond, seconded by Council Member Holcomb, City Council
CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
Erl
OUR
s
N�t°
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#74560 on Page 40 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.
Ama a Barnes,
City Clerk
August 15, 2023
44
ITEM— VLG.1
MINUTES
ITEM#74562
Upon motion by Council Member Berlucchi, seconded by Council Member Holcomb, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 8,2023
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
45
ITEM— VII.H.1
MAYOR'S PRESENTATIONS
ITEM#74563
RECOGNITION OF KING NEPTUNE'S COURT
Mayor Dyer welcomed Kit Chope, Chief Executive Officer-Neptune Festival. Mr. Chope expressed his
appreciation to City Council for their continued support for the Festivals' forty(40) events including the
Symphony By The Sea happening this Thursday evening. Mr. Chope introduced each of the Princesses,
Tritons and their partners and the Celebration Chairs-Steve and Stephanie Sager. Mr. Sager expressed
his appreciation to City Council for their support and expressed his honor in serving as Celebration Chair.
KING NEPTUNE XLIX
BILL LASCARA and LADY LAURA (not in attendance)
2023 ROYAL COURT
TRITONS OF THE COURT AND THEIR PARTNERS
Triton Gina Amick and Gentleman Johnny
Triton Greg Amorosso and Lady Alanna
Triton Dan Barton and Lady Jen
Triton Michael Berlucchi and Gentleman Cole
Triton George Faatz and Lady Christen
Triton Chris Pierson and Lady Elissa
Triton Skyler Thomas and Lady Chelsea (not in attendance)
Triton Jesse Wykle and Lady Ashley
PRINCESSES
Megan Allman
Anna Lee Barton
Carey Boone
Sanya Chandiramani
Cate Dixon
Emerson Eaves (not in attendance)
Madeline Hobbs
Kaia Jackson
Laci Macan
Katie Sager
Jordyn Schelby (not in attendance)
Reese Thompson
Marissa Williams
Mayor Dyer congratulated the Royal Court and advised the organization and all of the Festival events
are a point of pride for the City.
Mayor Dyer recognized Boy Scout Peter Calucchi,from Troop 63, and thanked him for attending.
August 15, 2023
46
ITEM— VI.I.1
FORMAL SESSION AGENDA
ITEM#74564
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items.
The City Clerk called the following speaker:
Gary McCollum, 3901 Meeting House Road, Phone: 708-5982, spoke on Ordinance J.11, and expressed
the lack of diversity on the Neptune Festival Royal Court.
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED,
BY CONSENT,Agenda Items Ordinances J: 5, 7, 8, 9, 10 and 11 and 13 and Planning Items K:1, 2, 3,
4, 5, 6, 8 (DEFERRED TO SEPTEMBER 19,2023) and 9 (DEFERRED TO SEPTEMBER 19, 2023)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson
and Sabrina D. Wooten
Council Members Absent:
None
J. ORDINANCES:
ITEM#1 WILL BE CONSIDERED SEPARA TEL Y
ITEM#2 WILL BE CONSIDERED SEPARA TEL Y
ITEM#3 WILL BE CONSIDERED SEPARA TEL Y
ITEM#4 WILL BE CONSIDERED SEPARA TEL Y
ITEM#6 WILL BE CONSIDERED SEPARATELY
K. PLANNING ITEMS:
ITEM#7 WILL BE CONSIDERED SEPARATELY
August 15, 2023
47
ITEM— VI.J.1
ORDINANCES
ITEM#74565
The following registered to speak:
Rick Kowalewitch, 824 24tI Street, Phone: 831-6143, expressed his belief that the 2022 City Council
election was illegal
Henry Ryto, 408 Jasper Court, Phone:288-5855, spoke in SUPPORT
Dorothy Patterson, 824 24t" Street, Phone: 422-3337, expressed concerns that the 2022 City Council
election was illegal
Nanette Randell, 181,Herndon Road,Phone:303-805-3790, expressed concerns that the 2022 City Council
election was illegal
Gary McCollum, 3901 Meeting House Road, Phone: 708-5982, spoke in SUPPORT
Pilar Eteke, 514 26t1i Street, Phone: 708-3361, expressed concerns that the 2022 City Council election was
illegal
Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council
ADOPTED, Ordinance to ADOPT the 2023 Redistricting Plan and to AUTHORIZE the implementation
of a ten single-member district system of local elections
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky"Holcomb, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Voting Nay:
Barbera M. Henley
Council Members Absent:
None
August 15, 2023
1 AN ORDINANCE TO ADOPT THE 2023
2 REDISTRICTING PLAN AND TO AUTHORIZE
3 IMPLEMENTATION OF A TEN SINGLE-MEMBER
4 DISTRICT SYSTEM OF LOCAL ELECTIONS
5
6 WHEREAS, Code of Virginia §24.2-304.1 provides that localities must reapportion
7 local election districts after each decennial census;
8
9 WHEREAS, Code of Virginia § 24.2-311(B) provides that members of local
10 governing bodies in office on the effective date of a decennial redistricting measure shall
11 complete their terms of office;
12
13 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach requires
14 adjustment of district boundaries "as may be necessary to ensure that the populations of
15 the districts remain approximately equal";
16
17 WHEREAS, Section 3.02:2 of the Charter of the City of Virginia Beach requires the
18 mayor be elected at large;
19
20 WHEREAS, the City Council undertook a public input initiative that included duly
21 noticed, public hearings in each of the ten districts and two virtual hearings;
22
23 WHEREAS, as part of its public input initiative, City Council engaged the Weldon
24 Cooper Center for Public Service, a center at the University of Virginia, to survey public
25 opinion in the City, and the Center has produced a statistically validated survey that
26 showed 81% support for a 10-1 system with a 4.3% margin of error;.
27
28 WHEREAS, the U.S. District Court for the Eastern District of Virginia previously
29 ruled that the City's 7-4 election system as set forth in Section 3.01 of the Charter of the
30 City of Virginia Beach does not comply with Section 2 of the Voting Rights Act, 52 U.S.C.
31 § 10301, such ruling was vacated on appeal by the Fourth Circuit U.S. Court of Appeals,
32 but said case was remanded to the U.S. District Court for further proceedings;
33
34 WHEREAS, the U.S. District Court for the Eastern District of Virginia previously
35 ruled that a specific 10-1 system with three (3) Minority Opportunity Districts does comply
36 with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, although such ruling was
37 vacated on appeal by the Fourth Circuit U.S. Court of Appeals;
38
39 WHEREAS, on January 14, 2022, the City obtained pre-clearance of the specific
40 10-1 plan approved by the U.S. District Court from the Virginia Attorney General under
41 the Virginia Voting Rights Act, and that 10-1 plan was utilized in the November 2022
42 elections;
43
44 WHEREAS, the City Council desires to adopt a redistricting ordinance, and such
45 ordinance sets forth ten single-member election districts utilizing the plan and districts
46 previously pre-cleared by the Virginia Attorney General, approved by the U.S. District
47 Court, and used to conduct the November 2022 elections;
48
49 WHEREAS, Section 16.04 of the Charter of the City of Virginia Beach requires the
50 members of the School Board to be elected in the same manner and according to the
51 same schedule that members of the City Council are elected; and
52
53 WHEREAS; the City Council recognizes the current text of the City Charter
54 presently authorizes seven residency districts (which were converted to single-member
55 districts by operation of Virginia Code § 15.2-1400(F)) and four at-large districts, but the
56 City Council deems it appropriate to increase the number of single-member districts from
57 seven to ten in order to give, as nearly as is practicable, representation on the basis of
58 population and for other good cause shown;
59
60 WHEREAS, the City Council intends to rely upon Article VII, § 5 of the Virginia
61 Constitution ("When members are so elected by district, the governing body of any
62 county, city, or town may, in a manner provided by law, increase or decrease the number
63 and change the boundaries, of districts..."), Virginia Code § 24.2-304.1(B) ("In 1971 and
64 every 10 years thereafter, the governing body of each such locality shall reapportion the
65 representation among the districts or wards, including, if the governing body deems it
66 appropriate, increasing or diminishing the number of such districts or wards, in order to
67 give, as nearly as is practicable, representation on the basis of population."), and Virginia
68 Code § 24.2-311(E) ("In the event of a conflict between the provisions of a decennial
69 redistricting measure and the provisions of the charter of any locality, the provisions of
70 the redistricting measure shall be deemed to override the charter provisions to the extent
71 required to give effect to the redistricting plan.");
72
73 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
74 VIRGINIA BEACH, VIRGINIA:
75
76 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter§ 3.01, the
77 City Council hereby adopts the ten single-member district redistricting plan attached
78 hereto in the form of ten district maps providing the boundaries of each of the ten districts.
79 These ten maps are hereby incorporated by reference. A copy of each map has been
80 filed with the City Clerk's office. The boundaries shown on each map align with certain
81 precinct boundaries, and a list of precincts for each of the ten single-member districts is
82 provided in the attached precinct list for each of the ten districts. These lists of precincts
83 are hereby incorporated by reference.
84
85 2. That to implement this decennial redistricting measure, the City Council
86 hereby provides for the election of a member from the districts according to the following
87 schedule, which allows the election of successors to current members of the City Council
88 to occur at the general election next preceding the expiration of the terms of office of the
89 incumbent members:
90 District 1 — November 2024;
91 District 2 — November 2026;
92 District 3 — November 2024;
93 District 4 — November 2026;
94 District 5 — November 2024;
95 District 6 — November 2026;
96 District 7 — November 2024;
97 District 8 — November 2026;
98 District 9 — November 2026; and
99 District 10 — November 2026.
100
101 3. The Voter Registrar and the City Attorney are hereby directed to seek a
102 certification of no objection from the Office of the Attorney General using the preclearance
103 procedure provided by Virginia Code § 24.2-129(D) for the precinct change authorized
104 herein. The precinct change shall not be administered unless and until the Attorney
105 General has provided such certification or if 60 days lapses without the Attorney General
106 interposing an objection.
107
108 4. A copy of this ordinance shah be recorded in the official minutes of the City
109 Council. The City Clerk shall send a certified copy of this ordinance and the attachments
110 thereto to the local electoral board, the Secretary of the Commonwealth, the Virginia
111 Department of Elections, and the Division of Legislative Services. The City's Geographic
112 Information Systems staff shall provide supporting information as needed.
Adopted by the City Council of the City of Virginia Beach, Virginia on the 15 th
day of August , 2023.
APP ED AS TO LEGAL SUFFICIENCY:
orney's ffice
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ITEM— VLJ.2
ORDINANCES
ITEM#74566
The following registered to speak:
Mike Myers, 1861 Chelsea Green Drive, Phone: 323-2292, spoke in OPPOSITION
Mike Jarrad, did not respond
Mark Gresalfi, 6216 Pocahontas Club Road, Phone: 438-2415, spoke in SUPPORT
Allen Prince, 1868 Chelsea Green Drive, Phone: 589-1519, spoke in OPPOSITION
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED
Ordinance to ESTABLISH Capital Project #100666 "Dam Neck Road — London Bridge Connector
Improvements",APPROPRIATE$22.5-MILLION in Public Facility Revenue Bonds;DEDICATE certain
real estate tax revenue; and AUTHORIZE the execution of a Development Agreement for construction
of infrastructure
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbera 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 Voting Nay:
Chris Taylor
Council Members Absent:
None
August 15, 2023
1 AN ORDINANCE (1) ESTABLISHING CAPITAL
2 PROJECT #100666 "DAM NECK ROAD-LONDON
3 BRIDGE CONNECTOR IMPROVEMENTS," (2)
4 APPROPRIATING $22.5 MILLION IN PUBLIC
5 FACILITY REVENUE BONDS, (3) DEDICATING
6 CERTAIN REAL ESTATE TAX REVENUE, AND (4)
7 AUTHORIZING THE EXECUTION OF A
8 DEVELOPMENT AGREEMENT FOR
9 CONSTRUCTION OF INFRASTRUCTURE
10
11 WHEREAS, the City Council conducted a public hearing on August 8, 2023, to
12 receive the input of residents regarding a proposed amendment to the Capital
13 Improvement Program (CIP) that exceeds 1%;
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA, THAT:
17
18 1) Capital Project #100666, "Dam Neck Road- London Bridge Connector
19 Improvements," is hereby established within the FY 2023-24 Economic and
20 Tourism Development CIP Section. The Project Page attached hereto shall be
21 added to the CIP.
22
23 2) $22,500,000 is hereby appropriated to Capital Project#100666. The revenue
24 supporting this appropriation is the use of Public Facility Revenue Bonds
25 (PFRBs). The Director of Finance is hereby authorized and directed to
26 supplement the reimbursement declaration for the PFRB authorization related
27 to the FY2023-2024 CIP to include this authorization. The debt service
28 associated with these bonds is to be supported by the City's General Fund
29 using the dedication provided in Paragraph 3, infra.
30
31 3) The City Council hereby dedicates the real estate revenues within the project
32 boundaries as set forth in Exhibit A, which is attached hereto and incorporated
33 herein, to support the debt service associated with the PFRBs.
34
35 4) The City Manager is authorized to execute a development agreement with the
36 developer of the project, PDC TN/FL LPIV, LLC and Samet Properties, LLC,
37 provided such development agreement includes a minimum private investment
38 of $350 million and the creation of approximately 1,000 new full-time jobs.
39 Such development agreement shall also provide for the construction of the
40 infrastructure improvements set forth in Exhibit B, which is attached hereto and
41 incorporated herein.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day
of August , 2023.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
-41Ji
Budget nd' ana ement Services it
y 1y or ey s Office
CA16226
R-1
July 28, 2023
49
ITEM— VLJ.3
ORDINANCES
ITEM#74567
Upon motion by Council Member Ross-Hammond, seconded by Council Member Berlucchi, City Council
ADOPTED Ordinance to AUTHORIZE the City Manager to EXECUTE five(5)Leases for the use of City
Park Properties re Little League Operations
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor RobertM.Dyer, Barbara M.Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
•
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO EXECUTE FIVE (5) LEASES FOR
3 THE USE OF CITY PARK PROPERTIES FOR
4 LITTLE LEAGUE OPERATIONS
5
6 WHEREAS, the City of Virginia Beach (the "City") owns the following properties
7 (the "Park Properties"), which have been leased to the following Little League
8 organizations for numerous years:
9
10 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184)
11 to GNBL, Inc. (d/b/a Great Neck Baseball League)
12
13 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville
14 Borough Boys Baseball, Inc.
15
16 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (GPIN 1487-99-8119) to
17 Boys Baseball of Lynnhaven, Inc.
18
19 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to
20 Virginia Beach Little League, Inc.
21
22 5) 12.0+/- acres at 3332 Northgate Dr. (Part of GPIN 1486-75-8250) to
23 Plaza Little League, Inc.
24
25 WHEREAS, the previous leases expire on August 31, 2023, and the above listed
26 Little League organizations desire to continue leasing the Park Properties for their youth
27 league operations and tournaments;
28
29 WHEREAS, the leases would each be for a term of not more than five (5) years,
30 with conditions as set forth in the Summary of Terms attached hereto as Exhibit A and
31 made a part hereof; and
32
33 WHEREAS, City staff recommends approval of the leases and continues to
34 support the community's youth Little League operations.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA:
38
39 That the City Manager is hereby authorized to execute a lease for a term of not
40 more than five (5) years, for each of the five (5) Little League organizations identified in
41 the recitals above, in accordance with the Summary of Terms, attached hereto as Exhibit
42 A, and made a part hereof, and such other terms, conditions or modifications as may be
43 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
44
45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 thday of
, 2023.
46 August
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY:
"A%V _
om Dogri. arks and
Recreation
CA16066
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R=1
July 6, 2023
EXHIBIT A
SUMMARY OF TERMS
LEASES OF CITY PARK PROPERTIES
FOR LITTLE LEAGUE OPERATIONS
LESSOR: City of Virginia Beach ("City")
LESSEES
AND PREMISES:
1) GNBL, Inc. (d/b/a Great Neck Baseball League) / 11.77+/- acres at 2513
Shorehaven Drive (Part of GPIN 1499-60-8184)
2) Kempsville Borough Boys Baseball, Inc. / 6.25+/- acres at 952 Reon
Drive (Part of GPIN 1456-63-8279)
3) Boys Baseball of Lynnhaven, Inc. / 15.8+/- acres at 586 N. Lynnhaven
Road (GPIN 1487-99-8119)
4) Virginia Beach Little League, Inc. / 15.1+/- acres at 632 Firefall Drive
(Part of GPIN 2425-31-1625)
5) Plaza Little League, Inc. / 12.0+/- acres at 3332 Northgate Drive (Part
of GPIN 1486-75-8250)
TERM: September 1, 2023 through August 31, 2024, with 4 additional one-year
renewal options.
RENT: N/A
USE: Premises will be utilized for the purpose of operating youth Little League
activities and for no other purpose.
RIGHTS AND RESPONSIBILITIES OF THE LESSEES:
• Pay for all utilities, trash removal, grounds maintenance, repairs and other
related services necessary for the operation of leased Premises.
• Indemnify and hold harmless the City for any and all damages to persons or
property caused by any act or omission of the Lessees or their agents
associated with the use of the Premises.
• Maintain general liability insurance coverage as required.
Page 1 of 2
• Obtain all necessary permits, and pay all applicable taxes and fees in
connection with the use of the Premises.
• Comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSIBILITIES OF LESSOR:
• Access to the Premises at any time, without prior notice, in the event of an
emergency.
TERMINATION:
• The City may terminate the Lease for any reason upon 120 calendar days
prior written notice.
Page 2 of 2
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........-•
50
ITEM— VLJ.4
ORDINANCES
ITEM#74568
The following registered to speak:
Nick Dintelmann, President—Hampton Roads Pride, spoke in SUPPORT
Jamar Davis, spoke in SUPPORT
Gary McCollum, 3901 Meeting House Road, Phone: 708-5982, spoke in SUPPORT
Upon motion by Council Member Berlucchi, seconded by Council Member Holcomb, City Council
ADOPTED Ordinance to APPROPRIATE funds from the Tourism Investment Program (TIP) Fund
Balance to AWARD a $90,000 grant to Hampton Roads Pride re Pride at the Beach 2024(Requested by
Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb,Remick, Ross-Hammond, Rouse,
Schulman, Taylor, and Wooten)
Voting: 10-1
Council Members Voting Aye.
Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky"Holcomb, Robert W.
"Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F.
"Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Voting Nay:
Barbera M. Henley
Council Members Absent:
None
August 15, 2023
REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS
BERLUCCHI, HOLCOMB, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN,
TAYLOR, AND WOOTEN
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE
2 TOURISM INVESTMENT PROGRAM FUND BALANCE
3 AND TO AWARD A $90,000 GRANT TO HAMPTON
4 ROADS PRIDE FOR PRIDE AT THE BEACH FOR JUNE
5 2024
6
7 WHEREAS, additional financial support will allow Hampton Roads Pride to offer
8 enhanced programming at its fourth annual 2024 Pride at the Beach event;
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA, THAT:
12
13 1) $90,000 is hereby appropriated from the fund balance of the Tourism
14 Investment Program Fund to Non-Departmental Regional Grants.
15
16 2) A grant of $90,000 is hereby awarded to Hampton Roads Pride to support the
17 coordination and organization of the 2024 Pride at the Beach event.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day
of August , 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:
r—ek(1-L
4(
udget and Managem "nt Services Cit o ey's Ortice
CA16205
R-1
August 8, 2023
51
ITEM— VI.J.5
ORDINANCES
ITEM#74569
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property
known as Treasure Canal and City-owned 5'drainage utility easement at the rear of 2241 Leeward Shore
Court re construct and maintain a floating dock, timber pier, rip rap and boat lift DISTRICT 8
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF CITY-OWNED
PROPERTY KNOWN AS TREASURE
CANAL AND A CITY-OWNED 5'
DRAINAGE AND UTILITY EASEMENT,
LOCATED AT THE REAR OF 2241
LEEWARD SHORE COURT
WHEREAS, John B. Nowell Jr. and Jo B. Nowell (the "Nowell's") have
requested permission to construct and maintain a 8' x 10' floating dock, a 10' x 14' timber
pier, 60 linear feet of rip rap and a 14' x 14' boat lift (collectively, the "Temporary
Encroachment") into City-owned property known as Treasure Canal and a City-owned 5'
drainage and utility easement, located at the rear of 2241 Leeward Shore Court (GPIN:
2409-19-3878); and
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
the City's property subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, John B. Nowell Jr. and Jo B.
Nowell, their heirs, assigns and successors in title are authorized to construct and maintain
the Temporary Encroachment within the City's property as shown on the map entitled:
"EXHIBIT A ENCROACHMENT REQUEST FOR PROPOSED,TIMBER PIER, FLOATING
DOCK, RIP RAP AND BOAT LIFT, EXISTING STRUCTURES THAT ARE NOT LABELED
WILL REMAIN FOR JOHN B. JR. & JO B. NOWELL, 2241 LEEWARD SHORE COURT
GPIN 2409-19-3878 LOT 211, BAY ISLAND SEC 2, M.B. 48, PG 15A," Scale: 1" = 30',
dated July 21, 2022, a copy of which is attached hereto as Exhibit "A" and on file in the
Department of Public Works and to which reference is made for a more particular
description;
BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly
subject to those terms, conditions and criteria contained in the agreement between the City
of Virginia Beach and John B. Nowell Jr. and Jo B. Nowell (the "Agreement"), an
unexecuted copy of which has been presented to the Council in its agenda, and will be
recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia
Beach;
i
BE IT FURTHER ORDAINED, that the City Manager or his authorized
designee is hereby authorized to execute the Agreement; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such time as John B. Nowell Jr. and Jo B. Nowell and the City Manager or his authorized
designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h
day of August , 2023.
CA15803
R-1
Prepared: 8/1/23
llvbgov.com\dfsl\applications\cityl aw\cycom 32\wpdocs\d0111p044100897929.doc
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
Lib
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PUBLIC WO KS, REAL ESTATE (-0.'bANA . HARMEYER'
SENIOR CITY ATTORNEY
2
EXHIBIT A
ENCROACHMENT REQUEST FOR PROPOSED TIMBER PIER,FLOATING DOCK, RIP RAP
AND BOAT LIFT, EXISTING STRUCTURES THAT ARE NOT LABELED WILL REMAIN
For JOHN B.JR.&JO B. NOWELL,2241 LEEWARD SHORE COURT ey,TH Op .vlt
_
GPIN 2409-19-3878
LOT 211, BAY ISLAND SEC 2 , M.B.48, PG 15A / 07/21/2022 I,/
N/F Larry/Donna Demmer) U GARY A. FRANKS JR. Y
521° MB 48 PG 15A INST. Lic. No.52162
4?370 NO.20160527000450020 .-�
7-4,..,...\ \���was, GPIN 2409-19-5768 O c- o ��
LOT210 i-� p �,
'`<v� PROPOSED S 'ONAL E�
/ M EXISTING CONC�- . o�
,---7 STORM DRAIN �''` Q BOAT LIFT
LPOSED
140'x 14.0'
EXISTING RAMPTREASURE CANAL
h TO REMOVED CITY OF VIRGINIA BEACH
rEASEMENT ) (MB.48,PG.15A)
u ���� -
TIMBER PIER
�J 5' Drainage& pR0P�gED •��w�� 6 Proposed
Q Utility Easement / RIP RAP Rip Rap Encr.
't M,B.48 PG. 15A 60 LF- 1 111 m PROPOSED FLOATING
EXISTING PIER # �I .1' DOCK8.0'x 10.0'
I TO BE N/F
Meridan Source REMOVED I Colleen Hennessy
(M.B. 103,PG.23) 54' ti 2245 LEEWARD SHORE COURT
A\0. - INST NO.202203030276
W - GPIN 2409-19-3755
2 2 4 1 "DN M MB 48 PG 15A
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LEEWARD SHORE COURT
�``�� Agent: 50 FT. R/W (M.B,48 PG. 15A)
Ic - AR�NE,CALVERT MARINE
SALVER Ni 3132 Riveredge Drive Portsmouth, VA 23703-4308 (757) 777-6960
Rich@CalvertMarine.net
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this day of 3J f 1. , 2023, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and JOHN B. NOWELL JR. and JO B.
NOWELL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
collectively "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "211" as shown on that certain plat entitled:
"SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA.
LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958,
prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at
pages 15 and 15A, respectively, and being further designated, known, and described as
2241 Leeward Shore Court, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed 8' x 10' floating dock, a 10' x 14' timber pier, 60 linear feet of rip rap and a 14'
x 14' boat lift collectively, the "Temporary Encroachment", in the City of Virginia Beach;
and
GPINs: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED)
CITY PROPERTY KNOWN AS A 5' PUBLIC DRAINAGE AND UTILITY EASE
MENT (NO GPIN ASSIGNED)
2409-19-3878 (2241 LEEWARD SHORE COURT)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of City-owned
property known as Treasure Canal and a City-owned 5' public drainage and utility
easement the collectively, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: " EXHIBIT A
ENCROACHMENT REQUEST FOR PROPOSED TIMBER
PIER, FLOATING DOCK, RIP RAP AND BOAT LIFT,
EXISTING STRUCTURES THAT ARE NOT LABELED WILL
REMAIN FOR JOHN B. JR. & JO B. NOWELL, 2241
LEEWARD SHORE COURT GPIN 2409-19-3878 LOT 211,
BAY ISLAND SEC 2, M.B. 48, PG 15A," Scale: 1" =
30', dated July 21, 2022, a copy of which is attached
hereto as Exhibit "A" and to which reference is made
for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
2
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the City may enter upon
the Grantee's property for ingress and egress on an as needed basis in order to monitor
Grantee's compliance with the terms of this Agreement, for routing maintenance
activities upon public property adjacent to 2241 Leeward Shore Court, or at any time
upon an event of noncompliance with the terms of this Agreement to enforce the terms
of this Agreement; provided that City will provide at least ten (10) days' notice of such
entry to Grantee, except when there is a threat of imminent harm, personal injury or
property damage. City shall not unreasonably interfere with Grantee's use of quiet and
enjoyment of the Property. Any access authorized by this section shall be limited to the
property with a street address of 2241 Leeward Shore Court.
It is further expressly understood and agreed that the Grantee will
maintain a 10' x 10' protected work area (the "Clear Zone") within the Encroachment
Area to provide City access for maintenance of the Stormwater drainpipe and outfall,
located at the rear of the Applicants property 2241 Leeward Shore Court.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
3
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that, nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood that any existing encroachments
referenced in the attached Exhibit or in this Agreement are the ongoing maintenance
obligation of the Grantee and the City disclaims any ownership interest or maintenance
obligation of such encroachments.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined.
The company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies. The Grantee
4
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, JOHN B. NOWELL JR., AND JO B NOWELL,
the said Grantees, have caused this Agreement to be executed by their signatures.
Further, that the City of Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be hereunto affixed and attested
by its City Clerk.
5
CITY OF VIRGINIA BEACH
By: (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2023, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2023, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
LQr
John B. Nowell Jr.
L417)Chilet
oN1B. Nowell
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 2y OL)1 , 2023, by John B. Nowell Jr., and Jo B. alQi SEAL)
Notary Pu
�-1 ASHLEY RENEEJANECHEK
Notary Registration Number: 1 NOTARY PUBUC
REG. #7770977
My Commission Expires: Qom ! 2a'-(0 COMMONWEALTEHscr Rrl �n(N7(n
MY COMMI5SION EXPIRES S J1,,'J] �'`-��
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
*ilrlICAlNKS — REAL ESTATE DANA.R. HARMEYE
SENIOR CITY ATTORNEY
7
EXHIBIT A
ENCROACHMENT REQUEST FOR PROPOSED TIMBER PIER,FLOATING DOCK,RIP RAP
AND BOAT LIFT,EXISTING STRUCTURES THAT ARE NOT LABELED WILL REMAIN For JOHN B.JR.&JO B.NOWELL,2241 LEEWARD SHORE COURT ex,TH Op�j
GPIN 2409-19-3878
LOT 211, BAY ISLAND SEC 2, M.B.48, PG 15A r 07/21/2022 r
S N/F Larry/Donna Demmer) c> GARY A. FRANKS JR. 4
,21e MB 48 PG 15A INST.
..
,4i3_,° NO.20160527000450020 �� Lic. No.52162
`�-fl261 GPIN 2409-19-5768 p�Ci .o
��„\,`,JOT210 �s�o 4/
�� I /off a
/o EXISTING CONCH- I , o0- —OPO.S ED S 'ONAL �N_
¢ STORM DRAIN 8 8*. , b.. BAATL/fT
l N ' ;4\ 14.0'x 14.0'
h EXISTING RAMP (P�� �� TREASURE CANAL
1 h TO REMOVED 9. � \� 'ta ;�/ CITY OF VIRGINIA BEACH
/ IINAS THE
.--� '=t19�. ) (M.B.48,PG.15A)
PROPOSED/ 11.g 5'Drainage& TIMBER PIER �v�ii Proposed
o UtilityEasement p
M.B 8 PG. 15A RI fkl �• Rip Rap Encr.
ticT 60 LF # r w�� PROPOSED FLOATING
EXISTING PIER N( ..,, DOCg8.0'x 10.0'
i
TO BE a N/FMeriden Source REMOVED I Colleen Hennessy
I (M.g.103,PG.23) 4 ^ 2245 LEEWARD SHORE COURT
I 0. INST NO.202203030276
lil �� N I GPIN 2409-19-3755
2 2 41 ��"�� N MB 48 PG 15A
LOT 212
0 5 ..
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J 'i loop FLOATING
`� * DOCK
� 8x10'
SCALE:1"=30'-0" GRAPHIC: 0 1 20
0 10' 20' 30' 60' PROPOSE1 PIER 30'I 5.60'
5,
I '
I PROPOSED PIER LIFT&
FLOATING DOCK E CROACH.
�N 04°36'28N E 120' I DIMS.
T
LEEWARD SHORE COURT
- Agent: 50 FT.R/W (M.B.48 PG. 15A)
/+,,
`"fi r N� 3132 Rive mak re ge DrivMARIE
e Portsmouth, VA 23703-4308 (757) 777-6960
Rich@CaivertMarine.net
52
ITEM— VLJ.6
ORDINANCES
ITEM#74570
The following registered to speak:
David Leader, 824 24th Street, Phone: 831-6143, spoke in SUPPORT
Archie Boone, 5725 North Hampton Boulevard, Phone: 776-2007, spoke in SUPPORT
Allison Swan, 825 South Atlantic Avenue, Phone: 581-2221, spoke in OPPOSITION
Bruce Berlin, 4104 Fitzgerald Way, Phone: 651-1467, spoke in OPPOSITION
Gary McCollum, 3901 Meeting House Road, Phone: 708-5982, spoke in OPPOSITION
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
ADOPTED, AS AMENDED, Ordinance to APPROPRIATE $750,000 from the Tourism Investment
Program (TIP) Fund Balance to the FY2023-24 Convention and Visitors Bureau Operating Budget and
AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement with Audacy Virginia LLC re
new fall music festival
Voting. 7-4
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Robert W. "Worth"Remick, Dr.
Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman and
Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, N. D. "Rocky" Holcomb, Chris Taylor and Sabrina D.
Wooten
Council Members Absent:
None
August 15, 2023
REVISED BY MOTION
1 AN ORDINANCE TO APPROPRIATE $750,000 FROM THE
2 FUND BALANCE OF THE TOURISM INVESTMENT
3 PROGRAM FUND AND TO AUTHORIZE THE CITY
4 MANAGER TO EXECUTE A SPONSORSHIP AGREEMENT
5 WITH AUDACY VIRGINIA LLC FOR A NEW FALL MUSIC
6 FESTIVAL
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 1. That the City Manager is hereby authorized to execute a sponsorship
12 agreement between the City and Audacy Virginia LLC, in a form acceptable
13 to the City Manager and approved by the City Attorney. The sponsorship
14 agreement shall require the location of the new fall music festival to be north
15 of the 15th Street Pier.
16
17 2. That $750,000 from the Tourism Investment Program Fund fund balance is
18 hereby appropriated to the FY 2023-24 Operating Budget of the Convention
19 and Visitors Bureau in furtherance of the City's sponsorship.
20
21 3. Audacy Virginia LLC shall report to the City Council an assessment of the
22 impact of the event, including overall attendance, and economic impact
23 within 90 days of the event.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of
August , 2023.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO LEGAL SUFFICIENCY:
Attorney's Office
CA16230
R-2 (REVISED BY MOTION)
August 30, 2023
53
ITEM— VI.J.7
ORDINANCES
ITEM#74571
Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $322,968 from the Virginia Department of
Social Services to the FY2023-24 Human Services Operating Budget re Medicaid redetermination efforts
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor RobertM.Dyer, BarbaraM. 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
August 15, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $322,968 FROM THE VIRGINIA DEPARTMENT OF
3 SOCIAL SERVICES FOR SOCIAL SERVICES
4 BENEFITS ADMINISTRATION
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $322,968 is hereby accepted from the Virginia Department of Social Services and
10 appropriated, with revenue from the Commonwealth increased accordingly, to the FY
11 2023-24 Operating Budget of the Virginia Beach Human Services Department, for
12 Medicaid redetermination efforts.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day
of August , 2023.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY
Budget and Management Services City Attorney's Office
CA 16228
R-2
August 2, 2023
54
ITEM— VLJ.8
ORDINANCES
ITEM#74572
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$190,000 from the Virginia Beach Department
of Public Health to the FY2023-24 Fire Department and Emergency Medical Services Operating Budget
re implement an Aging in Place pilot program
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N. D. "Rocky"
Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $190,000 FROM THE VIRGINIA BEACH
3 DEPARTMENT OF PUBLIC HEALTH TO THE FY 2023-
4 24 OPERATING BUDGET OF THE VIRGINIA BEACH
5 FIRE DEPARTMENT AND EMERGENCY MEDICAL
6 SERVICES
7
8 WHEREAS, the Virginia Beach Department of Public Health was the recipient of
9 the Center for Disease Control's "Address COV1D-19 Health Disparities Among
10 Populations at High-Risk and Underserved"grant and has chosen to partner with the City
11 to implement an aging in place pilot program,
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA, THAT:
15
16 1) $95,000 is hereby accepted and appropriated, with estimated revenues
17 increased accordingly to the FY 2023-24 Operating Budget of the Virginia
18 Beach Fire Department, and
19
20 2) $95,000 is hereby accepted and appropriated, with estimated revenues
21 increased accordingly to the FY 2023-24 Operating Budget of the Department
22 of Emergency Medical Services.
23
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 S t h day
of August , 2023.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
B.tdget and Management Services City Attorney's Office
CA16231
R-1
August 2, 2023
55
ITEM— VI.J.9
ORDINANCES
ITEM#74573
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $59,364 from the Virginia Department of
Criminal Justice Services to the FY2023-24 Human Services Operating Budget and TRANSFER$102,513
from the General Fund to provide the required local match re Community Corrections and Pretrial
Services Programs
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $59,364 FROM THE VIRGINIA DEPARTMENT OF
3 CRIMINAL JUSTICE SERVICES AND TO TRANSFER
4 FUNDS FOR THE COMMUNITY CORRECTIONS AND
5 PRETRIAL SERVICES PROGRAMS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA THAT:
9
1 D 1. $59,364 is hereby accepted from the Virginia Department of Criminal Justice
11 Services and appropriated, with revenue from the Commonwealth increased
12 accordingly, to the FY 2023-24 Operating Budget of the Department of Human
13 Services for the Community Corrections and Pretrial Services Programs.
14
15 2. $102,513 is hereby transferred from the General Fund to provide the required
16 local match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day
of August , 2023. -
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
Budget and Management Services City Attorney's Office
CA16229
R-1
July 28, 2023
56
ITEM— VI.J.10
ORDINANCES
ITEM#74574
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY
CONSENT, Ordinance to TRANSFER $996,254 from CIP Project 100589 "Central Utility Plant
Enhancements"to CIP Project 100590 "Courts Building Direct Digital Control"re estimated labor costs
increase
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor RobertM.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
1 AN ORDINANCE TO TRANSFER $996,254 FROM CIP
2 PROJECT 100589 "CENTRAL UTILITY PLANT
3 ENHANCEMENTS" TO CIP PROJECT 100590 "COURTS
4 BUILDING DIRECT DIGITAL CONTROL"
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $996,254 from CIP Project 100589, "Central Utility Plant Enhancements" is hereby
10 transferred to CIP Project 100590, "Courts Building Direct Digital Control."
Adopted by the Council of the City of Virginia Beach, Virginia on the 13 t h day
of August , 2023.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
- 011--e-401‘Zs
Budget and Management Services City Attorney's Office
CA16232
R-2
August 3, 2023
57
ITEM— VI.J.11
ORDINANCES
ITEM#74575
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY
CONSENT, Ordinance to TRANSFER one position and associated funding from the Municipal Council
to the Office of the City Manager re provide staff support for the Independent Citizen Review Board
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor RobertM.Dyer,Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
REQUESTED BY THE INDEPENDENT CITIZEN REVIEW BOARD
1 AN ORDINANCE TO TRANSFER ONE POSITION AND
2 ASSOCIATED FUNDING FROM MUNICIPAL COUNCIL TO
3 THE OFFICE OF THE CITY MANAGER TO PROVIDE
4 STAFF SUPPORT FOR THE INDEPENDENT CITIZEN
5 REVIEW BOARD
6
7 WHEREAS, at its July 22, 2023, meeting, the Independent Citizen Review Board
8 (ICRB)voted to change the title of its support position from "Board Coordinator"to"Board
9 Liaison and
10
11 WHEREAS, also at its July 22, 2023, meeting, the ICRB voted 7-3 to affirm the
12 recommendations of the Citizen Review Panel Task Force that the Board Liaison be
13 organizationally located within the Office of the City Manager
14
15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
16 VIRGINIA:
17
18 That one full-time equivalent position and $110,416 are hereby transferred from
19 Municipal Council to the Office of the City Manager to provide support for the ICRB.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day
of August , 2023.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City Attorney's Office
CA16227
R-2
August 2, 2023
58
ITEM— VLIL1
PLANNING ITEMS
ITEM#74576
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council
APPROVED,AS CONDITIONED,BY CONSENT, application of CITY OF VIRGINIA BEACH for a
Street Closure re approximately 20,332 square feet of New York Avenue between South First Colonial
Road and Oceana Boulevard DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CITY OF VIRGINL4 BEACH for a Street Closure re
approximately 20,332 square feet of New York Avenue between
South First Colonial Road and Oceana Boulevard (GPINs
14933356970, 1493334650)DISTRICT 6
The following conditions shall be required:
1. The City Attorney's Office shall make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Department ofPlanning
& Community Development. However, no purchase price shall be charged in this street
closure because the City is both the owner of the underlying fee and the Applicant seeking
the closure.
2. The Applicant shall resubdivide the property to incorporate the closed area and vacate all
internal lot lines into a single parcel. The resubdivision plat must be submitted and
approved for recordation prior to the final street closure approval.
3. The Applicant shall verify that no private utilities exist within the right-of-way proposed
for closure. If private utilities do exist, easements satisfactory to the utility company shall
be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council. If the conditions noted above are
not accomplished and the final plat is not approved for recordation within one year of the
City Council vote to close the rights-of-way this approval shall be considered null and
void, unless an extension is granted by City Council.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
August•15, 2023
59
ITEM— VLK.1
PLANNING ITEMS
ITEM#74576
(Continued)
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of August Two
Thousand Twenty Three.
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
1 ORDINANCE APPROVING THE APPLICATION OF
2 THE CITY OF VIRGINIA BEACH FOR THE
3 CLOSURE OF APPROXIMATELY 20,332 SQUARE
4 FEET OF NEW YORK AVENUE BETWEEN S.
5 FIRST COLONIAL ROAD AND OCEANA
6 BOULEVARD
7
8 WHEREAS, the City of Virginia Beach (the "Applicant") applied to the Council of
9 the City of Virginia Beach, Virginia, to have the hereinafter describe d portion of an
10 improved 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 an improved right-of-way (the "Right-of-
22 Way") be discontinued, closed and vacated, subject to certain conditions being met on
23 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 "PORTION OF NEW YORK AVENUE TO BE
28 CLOSED AREA = 20,332 SQ. FT. OR 0.467 ACRES", and
29 shown as the shaded area on that certain street closure
30 exhibit entitled: "EXHIBIT SHOWING PORTION OF NEW
31 YORK AVENUE (FORMERLY B STREET) TO BE CLOSED
32 BY CITY OF VIRGINIA BEACH VIRGINIA BEACH,
33 VIRGINIA", Scale: 1" = 25', dated January 19, 2023,
34 prepared by Precision Measurements, Inc., a copy of which
35 is attached hereto as Exhibit A.
36
37 SECTION II
38
39 The following conditions must be met on or before one (1) year from City
40 Council's adoption of this ordinance:
41
42 1. The City Attorney's Office will make the final determination regarding
43 ownership of the underlying fee. The purchase price to be paid to the City shall be
44 determined according to the "Policy Regarding Purchase of City's Interest in Streets
45 Pursuant to Street Closures," approved by City Council. However, no purchase price
No GPIN assigned (City Right-of-Way)
Adjacent GPINs: 2407-84-1479, 2407-84-2571, 2407-84-3468, 2407-84-4543, 2407-84-
5500, 2407-84-5543, 2407-84-5498, 2407-84-5609, 2407-84-3689, 2407-84-4644,
2407-84-3731, 2407-84-2602
46 shall be charged because the City is both the owner of the underlying fee and the
47 Applicant seeking the closure.
48
49 2. The Applicant shall resubdivide the property and vacate the internal lot
50 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must
51 be submitted and approved for recordation prior to the final street closure approval.
52
53 3. The Applicant shall verify that no private utilities exist within the Right-of-
54 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility
55 company must be provided.
56
57 4. Closure of the Right-of-Way shall be contingent upon compliance with the
58 above-stated conditions within 365 days of approval by City Council. If the conditions
59 noted above are not accomplished and the final plat is not approved for recordation
60 within one (1) year of City Council approval, said approval shall be considered null and
61 void.
62
63 SECTION III
64
65 1. If the preceding conditions are not fulfilled on or before August 14, 2024,
66 this Ordinance will be deemed null and void without further action by the City Council.
67
68 2. If all conditions are met on or before August 14, 2024, the date of final
69 closure is the date the street closure ordinance is recorded by the City Attorney.
70
71 3. In the event the City of Virginia Beach has any interest in the underlying
72 fee, the City Manager or his designee is authorized to execute whatever documents, if
73 any, that may be requested to convey such interest, provided said documents are
74 approved by the City Attorney's Office.
75
76 SECTION IV
77
78 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
79 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
80 VIRGINIA BEACH (as "Grantor" and "Grantee").
81
82 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day
83 of August , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
V..61\ _ . Oa, 0. U/k4ki/)
Planning Department City Attorney
CA16041
11vbgov.corn\dfs 1\applications\citylaw\cycom32\wpdocs\d0261p043100901397.docR-1
August 2, 2023
Ro. MONUMENT LEGEND
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0 -C L • • • • • AVENUE TO BE CLOSED
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COCA 7TONMAP SCALE Piz 2000' - s u R0)
EXHIBIT SHOWING PORTION OF NEW YORK
AVENUE (FORMERLY B STREET) TO BE CLOSED
NOTES:
BY
1. THIS EXHIBIT IS BASED ON VIRGINIA STATE PLANE COORDINATE CITY OF VIRGINIA BEACH
SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). COORDINATE VALUES VIRGINIA BEACH, VIRGINIA
SHOWN ARE EXPRESSED IN U.S. SURVEY FEET. THE CITY OF SCALE: 1" = 25' DATE: JANUARY 19, 2023
VIRGINIA BEACH CONTROL REFERENCE POINT USED TO ESTABLISH THE
COORDINATE VALUES SHOWN HEREON IS STATION NORFOLK EAST PRECISION MEASUREMENTS, INC.
BASE (1931-1953). • WWW.PRECISIONMEASUREMENTS.COM
2. PROPERTY LINE AND RIGHT-OF-WAY INFORMATION IS BASED ON SURVEYORS • UAS • HYDROGRAPHIC
PLATS AND DEEDS OF RECORD AND ACTUAL FIELD MEASUREMENTS. 770 L YNNHA VEN PARKWAY, SUITE 240
VIRGINIA BEACH, VIRGINIA 23452
3. THIS EXHIBIT IS INTENDED FOR ROAD CLOSURE PURPOSES ONLY (757) 368-0945
AND DOES NOT CONSTITUTE A BOUNDARY SURVEY OR SUBDIVISION 0 25 50 75 100 FEET
OF LAND.
GRAPHIC SCALE
4. RIGHT-OF-WAY TO BE CLOSED BY CITY COUNCIL.
SHEET 1 OF 3
00 i
h NOW & FORMERLY
H 0 CITY OF VIRGINIA BEACH
- P GPIN 2407-84-3731
O
~p *� INST. #20080620000732830
oo _.- M.B. 2, PG. 52
WEST`25' OFLOTS
o X L' I
U IVAN R. LINEBERRY '
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GPIN 2407-84-2602 I
o o '? INST #20080930001147030
C INST. # 20080912001081510(PLAT)
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- . - . . NEW YORK AVENUE w
o . PORTION OF NEW YORK AVENUE TO BECL05ED . • • (FORMERLY B STREET) - w
ti h o . - . AREA = 20,332.SQ. FT OR 0.467 ACRES .-. . VARIABLE WIDTH R/W
o . - (M.B. 2, PG. 52) (M:B. 273, PGS 28 & 29) �...�
R Z -:- - .--- • - -- • - . --- - --- -.. •---- -- - - . -(INST #20081001001153070) (INST #2008100100115.3080). '.-- -.-- --.•. '-a
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C.) I NOW & FORMERLY
NOW & FORMERLY I NOW & FORMERLY CITY OF VIRGINIA BEACH
c I CITY OF VIRGINIA BEACH CITY OF VIRGINIA BEACH GPIN 2407-84-3468
GPIN 2407-84-1479 GPIN 2407-84-2571 INST # 20091 001 001 154720
1 t il INST # 20081 020001 218570 INST # 20080714000828600 M.B. 2, PG. 52
2 I M.B. 2, PG. 52 M.B. 2, PG. 52 LOT 17 & OF LOT 18
LOT 13 & 14 LOT 15 & 16
5 i
SHEET 2OF3
NOW & FORMERLY
�s� CITY OF VIRGINIA BEACH --
INA------ 'N12...._
GPIN 2407-84-5609 P TH 0p •
NOW & FORMERLY u .��'s,-,.p.�,L ,o(� D.B. 4053, PG. 223 f
CITY OF VIRGINIA BEACH . �0 9c�,��,�, • INST # 20081001001153080(PLAT) -/-�--
GPIN 2407-84-3689 �'7o <`y REMAINDER OF LOT 8 �� `.!�
INST #20080620000732830 i N�....:0 �� '' IVAN R.LINEBERRY '--•'
INST. #20140616000533330(PLAT) �',5�� PUBLIC DRAINAGE EASEMENT U '
LOT 5 & ��� (INST#20081001001153080) Lic. No. 003230
EAST 25' OF NOW & FORMERLY e 6 j g 17.„au��'
REMAINDER OF LOT 6 CITY OF VIRGINIA BEACH N=3,474, 4' "�
GPIN 2407-84-4644 G2 • E=12,208,480.�29 *6 s U R\I S-
D.B. 4016, PG. 1372
INST #20081001001153070(PLAT) • •• • • o 6 i
REMAINDER OF LOT 7 O A �'1"
. . . . . . • • q, --(45,_--, c‘ -.1
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i . PORTION OF NEW YORKAVENUE TO BE CLOSED . . . sus ,'00 ,os ;,�� 1),. .AREA = 20,332 SQ. FT OR 0.467 ACRES � • � . .'�. ��0�'�0° ,� g- 00 �s �9ly �,-. N 89'32'48" E 312.67'• -• . • • /susZ g-J \ o NEW YORK AVENUE . - . - - 5r- O�J W(FORMERLY B STREET) 4VARIABLE WIDTH R/W• • (M.B. 2; PG. 52) (M.B. 273, PGS. 28 & 29)• •. (INST. #20081001001153070) (INST #20081001001153080).•.-.. •. -.-•.••••••.5 89'32'48" W 464.34' •. •. • • •••
C.) • • " r---271
NOW & FORMERLY NOW & FORMERLY
I
CITY OF VIRGINIA BEACH NOW & FORMERLY i CITY OF VIRGINIA BEACH ; Q
GPIN 2407-84-4543 CITY OF VIRGINIA BEACH GPIN 2407-84-5543
INST # 20091001001154720 GPIN 2407-84-5500 INST # 20110104000011960
M.B. 2, PG. 52 IINST. # 201002230001 72320' M.B. 2, PG. 52 o
LOT 21
OF LOT 18 &19 M.B. 2, PG: 52 I m
CURVE TABLE
PART OF LOT 20 I NOW & FORMERLY Q z CITY OF VIRGINIA BEACH -o
CURVE_RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT GPIN 2407-84-5498 N W
Cl 45.00' 39.93' 38.63' N 22'14'06" E 50'50'07° 21.38' INST # 20110104000011960 co
C2 45.00' 28.15' 27.69' N'65'35'11" E 35'50'28" 14.55' M.B. 2, PG. 52 _
LOT 22 SHEET 3 OF 3
Location Map Q
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Property Polygons
City of Virginia Beach w
Q Zoning
Portion of New York Avenue between S First Colonial Road & 5
Building Oceana Boulevard
c:..______momma______mmoc_____JFeet
0 20 40 80 120 160 200 240
60
ITEM— VLK.2
PLANNING ITEMS
ITEM#74577
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council
APPROVED,AS CONDITIONED,BY CONSENT,application of ALEXANDRA PAGE POPE TRUST,
DATED OCTOBER 30, 2017 for a Change in Nonconformity re modify principal dwelling at 4205 and
4207 Atlantic Avenue DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ALEXANDRA PAGE POPE TRUST, DATED OCTOBER 30,
2017 for a Change in Nonconformity re modify principal dwelling
at 4205 and 4207 Atlantic Avenue (GPIN 14933356970)
DISTRICT 6
The following conditions shall be required:
1. The Site shall be developed substantially in accordance with the submitted concept site
layout entitled "Exhibit of Lot 7,"prepared by WPL and dated 4/28/2023, which has been
exhibited to the City Council and is on file in the Department of Planning& Community
Development.
2. The Site shall be developed substantially in accordance with the submitted elevations by
Battaglia Designs dated July 12, 2023, which has been exhibited to the City Council and
is on file in the Department of Planning& Community Development.
3. The maximum number of dwelling units on the subject Site shall not exceed two (2).
4. The height of the buildings'ridgelines shall not exceed 22 feet and four inches.
5. The minimum building setbacks for the subject Site shall be as follows: the east yard
setback shall be 4 feet; the south yard setback shall be 4.9 feet; the west yard setback shall
be 15.1 feet; and the north yard setback shall be 11.5 feet. This is a deviation from the
Zoning Ordinance.
6. The maximum lot coverage for the subject Site shall be 36.2%. This is a deviation from the
Zoning Ordinance.
This Ordinance shall be effective in accordance with Section 107(D of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`h day of August Two
Thousand Twenty Three.
August 15, 2023
61
ITEM— VI.K.2
PLANNING ITEMS
ITEM#74577
(Continued)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
1 A RESOLUTION TO ALLOW THE EXPANSION OF A
2 NONCONFORMING USE AND STRUCTURE ON
3 PROPERTY LOCATED AT 4205 & 4207 ATLANTIC
4 AVENUE
5
6 WHEREAS, the Alexandra Pope Trust, dated October 30, 2017 (the "Applicant")
7 has made application to the City Council for authorization to expand the nonconforming
8 principal dwelling at 4205 and 4207 Atlantic Avenue and zoned R7.5 Residential Zoning
9 District;
10
11 WHEREAS, this parcel currently contains two (2) single-family dwellings, that do
12 not meet the current zoning regulations. The principal dwelling is deficient in front yard
13 setback, side yard setback, year yard setback, minimum lot width and maximum lot
14 coverage. The renovations to the principal dwelling are approximately sixteen square
15 feet additional impervious. The dwellings were constructed prior to the adoption of the
16 applicable zoning regulations and are therefore nonconforming;
17
18 WHEREAS, the Planning Commission of the City of Virginia Beach recommended
19 approval of this application on July 12, 2023; and
20
21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion
22 of a nonconforming structure is unlawful in the absence of a resolution of the City Council
23 authorizing such action upon a finding that the proposed structure as expanded is equally
24 appropriate or more appropriate to the zoning district than the existing structure.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the City Council hereby finds that the proposed nonconforming structure as
30 expanded, will be equally appropriate to the district as is the existing structure under the
31 conditions of approval set forth herein below.
32
33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
34 BEACH, VIRGINIA:
35
36 1. The Site shall be developed substantially in accordance with the submitted concept
37 site layout entitled "Exhibit of Lot 7", prepared by WPL and dated 4/28/2023, which
38 has been exhibited to the City Council and is on file in the Department of Planning &
39 Community Development.
40 2. The Site shall be developed substantially in accordance with the submitted
41 elevations by Battaglia Designs and dated July 12, 2023, which has been exhibited
42 to the City Council and is on file in the Department of Planning & Community
43 Development.
44 3. The maximum number of dwelling units on the subject Site shall not exceed two (2).
45 4. The height of the buildings' ridgelines shall not exceed 22 feet and four inches.
46 5. The minimum building setbacks for the subject Site shall be as follows: the east yard
47 setback shall be 4 feet; the south yard setback shall be 4.9 feet; the west yard
48 setback shall be 15.1 feet; and the north yard setback shall be 11.5 feet. This is a
49 deviation from the Zoning Ordinance.
50 6. The maximum lot coverage for the subject Site shall be 36.2%. This is a deviation
51 from the Zoning Ordinance.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of
54 August , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
-‘,474 -7,a6e-e-Z__-
lanning and Community City Attorn ' ffice
Development
CA16201
R-2
June 30, 2023
2
, \ \ ,
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Ai, Site Alexandra Page Pope, Trustee of the Alexandra Pope Trust, dated „._ ` ,
1 Property Polygons October 30, 2017
Zoning 4205 & 4207 Atlantic Avenue
Building
Feet
0 10 20 40 60 80 100 120
62
ITEM— VLK.3
PLANNING ITEMS
ITEM#74578
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED,
AS MODIFIED,AS PROFFERED,BY CONSENT,application of WINNER'S PROPERTIES,LLC for
a Modification of Proffers to a Conditional Rezoning and a Modifications of Conditions to a Conditional
Use Permit re motor vehicle sales and service at 5200 Virginia Beach Boulevard DISTRICT 4
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WINNER'S PROPERTIES,LLC for a Modification of Proffers
to a Conditional Rezoning and a Modifications of Conditions to
a Conditional Use Permit re motor vehicle sales and service at
5200 Virginia Beach Boulevard(GPIN 14933356970)
DISTRICT 4
The following conditions shall be required:
Modification of Proffers to a Conditional Rezoning
An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
Conditional Use Permit
1. All conditions attached to the previous Conditional Use Permit granted on January 20, 2015,
are hereby deleted, and superseded by the following conditions.
2. When the property is redeveloped, it shall be in substantial conformance with the concept
plan entitled "Conceptual Site Layout Plan of Checkered Flag-Audi",prepared by Orbis
Landscape Architects, dated May 26, 2023, which has been exhibited to the Virginia Beach
City Council and is on file in the Department of Planning& Community Development.
3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the
location and plant material depicted on the conceptual site plan exhibit referenced in
Condition 2 above, which has been exhibited to the Virginia Beach City Council and is on
file in the Department of Planning& Community Development.
4. The exterior of the building shall be in substantial conformance with the appearance, size,
color, and materials shown on the submitted elevations entitled "New Building for
Checkered Flag Audi-5220 Virginia Beach Boulevard, Virginia Beach, VA 23462,prepared
by Covington Hendrix Anderson Architects, dated March 14, 2023, which has been exhibited
to the Virginia Beach City Council and is on file in the Department of Planning&Community
Development.
5. The plantings within the 15-foot-wide Category IV Landscape buffer shall be six to eight feet
in height at installation and maintained at a minimum of 25 feet.
August 15, 2023
63
ITEM— VLK.3
PLANNING ITEMS
ITEM#74578
(Continued)
6. If the adjacent property owner's privacy fences are ever removed, the property owner must
replace it with a six-foot tall solid all-weather privacy fence to be installed on the subject
property.
7. All signage on the site shall meet the requirements of the Zoning Ordinance.A separate sign
permit shall be obtained from the Department of Planning& Community Development for
the installation of any new signage.
8. All garage doors shall remain closed other than for the maneuvering of vehicles in and out
of the service bays.
9. All automotive repair work shall be conducted inside the building.
10. There shall be no storage of tires, merchandise, or debris of any kind outside of the building.
11. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way.
12. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any
other structure designated to display a vehicle higher than the elevation of the main parking
lot.
13. No loud speakers, outdoor paging system, outdoor speaker system or outdoor sound
amplification system shall be permitted on site.
14. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners,
strings of light bulbs, or other similar moving devices on the site or on the vehicles. There
shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees,
or fences, or in an unauthorized manner to walls or other signs. There shall be no portable
or nonstructural signs, or electronic display signs on the site. There shall be no neon or
electronic display signs, or accents installed on any wall area of the exterior of the building,
in or on the windows, or on the doors. No window signage shall be permitted.
15. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting
and glare shall be deflected, shaded, and focused away from all adjoining properties. A
Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan
review.
This Ordinance shall be effective in accordance with Section-107(f) of the Zoning Ordinance.
August 15, 2023
64
ITEM— VLK.3
PLANNING ITEMS
ITEM#74578
(Continued)
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of August Two
Thousand Twenty Three.
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
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Property Polygons Winner's Properties, LLC '_,
4
Q Zoning 5200 Virginia Beach Boulevard
Building
'-eet
0 30 60 120 180 240 300 360
WINNER'S PROPERTIES, LLC, a Virginia limited liability company
TO (MODIFICATION TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS MODIFICATION TO PROFFER AGREEMENT, is made this 6th day of June,
2023,between and among WINNER'S PROPERTIES, LLC, a Virginia limited liability company,
Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of.Virginia, Grantee,party of the second part.
WITNESSETH:
WHEREAS, the Grantor is the owner of a parcel of real property located in the District 4
of the City of Virginia Beach,Virginia, containing approximately 2.54 acres of land,which is more
particularly described in Exhibit A attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, Grantor is the successor-in-interest to EVERGREEN VIRGINIA, L.L.C.
("Evergreen"), a Virginia limited liability company; 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
GPIN NO.: 1467-76-0828-0000
Prepared by: Kyle D. Korte,Esq.VSB No. 71162
Wolcott Rivers Gates
200 Bendix Road, Suite 300
Virginia Beach,VA 23452
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
Grantor's application gives rise; and
WHEREAS,the application of Evergreen for a conditional use permit was approved by the
City Council of the City of Virginia Beach; and
WHEREAS, by Proffered Covenants Restrictions and Conditions dated October 22, 2014
and made by Evergreen and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia on January 23, 2015 at Instrument No. 20150123000063870 (the
"Original Proffer Agreement"), Evergreen voluntarily subjected the Property to certain proffered
conditions and restrictions (the"Original Proffers");
WHEREAS, the development proposed by Evergreen for the Property contemplated a
Land Rover/Jaguar Dealership with a'two-story sales building, and;
WHEREAS, the project proposed by Grantor is an Audi dealership with two-story sales
building, similar, but not identical, in design and construction to what was previously approved
and is currently on file.
NOW THEREFORE, Grantor has made application to the Grantee to modify the Proffers
in part and accordingly, 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, Grantor hereby makes the following
modification to declaration of conditions and restrictions which shall restrict and govern the
physical development, operation and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding,upon the
2
Property and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, Grantee, and other successors in interest or title:
All of the enumerated Original Proffers are hereby deleted in their entirety and in the place
and stead thereof, the following are substituted:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibit entitled"Conceptual Site Layout Plan of Checkered Flag-Audi"(the
"Concept Plan") prepared by Orbis Landscape Architects dated May 26, 2023, which
Concept Plan has been exhibited to the City Council and is on file in the Department of
Planning.
2. When the Property is developed, it shall be landscaped substantially as
shown on the exhibit entitled"Conceptual Site Layout Plan of Checkered Flag-Audi"(the
"Landscape Plan") prepared by Orbis Landscape Architects dated May 26, 2023, which
Landscape Plan has been exhibited to the City Council and is on file in the Department of
Planning.
3. When the Property is developed,the building elevations will be as depicted
on the exhibit entitled "New Building for Checkered Flag Audi, 5220 Virginia Beach
Boulevard,Virginia Beach,VA 23462"(the"Elevations")prepared by Covington Hendrix
Anderson Architects dated March 14, 2023, which Elevations have been exhibited to the
City Council and is on file in the Department of Planning:
4. When the Property is developed, the design of the .signage will be as
depicted on the exhibit entitled "Audi Virginia Beach, Exterior Package" (the "Signage")
prepared by Blair Image Elements dated January 23, 2023, which Signage has been
exhibited to the City Council and is on file in the Department of Planning.
5. All exterior lighting shall be low intensity and residential in character and
3
shall overlap and be uniform throughout the parking area. Per §237 of the City Zoning
Ordinance, all outdoor lights shall be shielded to direct light and glare onto the auto sales
& service premises; said lighting and glare shall be deflected, shaded, and focused away
from all adjoining property. Any outdoor lighting fixtures shall not need be erected any
higher than 14 feed. A Lighting Plan and/or Photometric Diagram Plan shall be submitted
during detailed site plan review. Said plan shall include the location of all pole-mounted
and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of
fixture. All lighting on the site shall be consistent with those standards recommended by
the Illumination Engineering Society of North America. The plan shall include provisions
for implementing low-level security for non-business hours.
6. The use of the Property shall be for automobile sales and service, display
and showroom,rentals and/or accessory parking.
7. Vehicular ingress and egress shall be limited to three(3) entrances,with one
(1) entrance for ingress and egress from and to Virginia Beach Boulevard and two (2)
entrances for ingress and egress from and to Nelms Lane.
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.
Other than as specifically modified herein, the Original Proffer Agreement recorded in the
aforesaid Clerk's Office at Instrument No. 20150123000063870, is hereby ratified, restated and
confirmed and shall be in full force and effect.
[Signatures Begin on Next Page]
4
WINNER'S PROPERTIES, LLC,
a Virginia limited liability company
1—$141—
By: (SEAL)
Name: S¢�%-44 ��d-er
Title: /47 a,/
COMMONWEALTH OF VIRGINIA
CITY OF , to-wit:
the undersigned, Notary Public in and for my City and State aforesaid,do hereby certify
that of WINNER'S PROPERTIES, LLC, a Virginia
limited liab_ ity company, whose name its signed to the foregoing instrurrnt, has acknowledged
the same before me this \ day of , 2023, who is ✓personally know to me
or has produced as identification.
(i&r,(14]
Notary Public
My Commission Expires:
My Commission Number: (p ����,,i„n��it,,,,�4
A. DEiti
Q
.• NOTARY %
PUBLIC A
= _ REG.#762%336
i .MY COMMISSION)
OMMISSIO) Q =
[, • EXPIRES
s
s 0 04130/2026 . 5.
WEALTH :0���'�
'"i,I,Iuua'``�
5 .
Exhibit"A"
To Modification of Proffers
ALL THAT certain lot, piece or parcel of land, located in Virginia Beach, Virginia,
known and designated as "PARCEL B GPIN: 1467-76-0828-0000 AREA= 110,874
SF OR 2.545 AC" as shown on that certain plat dated January 14,2019,made by MSA,
P.C., and entitled "RESUBDIVISION PLAT OF PROPERTY OF EVERGREEN
VIRGINIA,L.L.C. (M.B. 23,PG. 9) (D.B. 251,PG. 568) (M.B. 14,PG. 28)(M.B. 14,
PG. 35) (D.B. 2354, PG. 1213) VIRGINIA BEACH, VIRGINIA",which said plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, as Instrument No.20190711000570180.
IT BEING the same property conveyed by deed dated July 9, 2014 from Richard R.
Early, Successor Trustee of the Everette H. Lawrence Family Trust, to Evergreen
Virginia,L.L.C.,recorded August 1,2014 in the aforesaid Clerk's Office as Instrument
No. 20140801000706110.
IT ALSO BEING the same property conveyed by deed dated July 9, 2014 from
Richard R. Early, Successor Trustee of the Everette H. Lawrence Family Trust,
Richard R. Early, Successor Trustee of the Julia H. Lawrence Trust, and Thomas H.
Lawrence,to Evergreen Virginia,L.L.C.,recorded August 1,2014 in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No.
20140801000706120.
IT ALSO BEING the same property conveyed by deed dated July 11, 2014 from
Krambias Properties, L.L.C., a Virginia limited liability company, to Evergreen
Virginia, L.L.C., a Virginia limited liability company, recorded July 14, 2014. in the
aforesaid Clerk's Office as Instrument No. 20140714000636630.
IT ALSO BEING the same property conveyed by deed dated September 11,2014 from
Richard R. Early, Successor Trustee of the Julia H. Lawrence Trust, to Evergreen
Virginia, L.L.C.;a Virginia limited liability company,recorded September 11,2014 in
the aforesaid Clerk's Office as Instrument No. 20140911000862110.
IT ALSO BEING the same property conveyed by deed dated July 18, 2005 from
Young & Young, a Virginia general partnership, to Evergreen Virginia, L.L.C., a
Virginia limited liability company, recorded July 21, 2005 in the aforesaid Clerk's
Office as Instrument No. 200507210113007.
6
EXHIBIT A
ALL THAT certain lot, piece, or parcel of land, located in Virginia Beach, Virginia, known and
designated as"PARCEL B GPIN 1467-76-0828-0000 AREA=110,874 SF OR 2.545 AC"as shown
on that certain plat dated January 14, 2019,made by MSA, P.C., and entitled"RESUBDIVISION
PLAT OF PROPERTY OF EVERGREEN VIRGINIA, L.L.C. (D.B. 251, PG. 568) (M.B. 14, PG
28) (M.B. 14, PG. 35) (D.B. 2354, PG. 1213) VIRGINIA BEACH, VIRGINIA", which said plat
is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as
Instrument No. 20190711000570180.
IT BEING the same property conveyed by deed dated November 2,2022 from Evergreen Virginia,
L.L.C., a Virginia limited liability company, to Winner's Properties, LLC, a Virginia limited
liability company, recorded November 3, 2022 in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia as Instrument No. 2022030556194.
65
ITEM— VLK.4
PLANNING ITEMS
ITEM#74579
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED,
AS CONDITIONED, BY CONSENT, application of FIRST CLASS EVENT RENTALS, LLC/ W.E.
SAMS PROPERTIES, LLC for a Conditional Use Permit re assembly use at 4020 Bonney Road, Suite
101 DISTRICT 4
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
FIRST CLASS EVENT RENTALS, LLC / W.E. SAMS
PROPERTIES, LLC for a Conditional Use Permit re assembly
use at 4020 Bonney Road, Suite 101 (GPIN 14933356970)
DISTRICT 4
The following conditions shall be required.
1. A business license for the Assembly Use shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provision of Chapter 23
of the City Code.
2. The applicant shall obtain all necessary permits and inspections from the Department of
Planning & Community Development/Permits and Inspections Division. The applicant
shall secure a Certificate of Occupancy for use of the existing building as an Assembly
Use.
3. The maximum occupancy load shall not exceed the maximum number as required by
applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire
Marshal.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors. A separate sign permit shall be
obtained from the Department of Planning& Community Development for the installation
of any new signs.
5. All event activities shall occur within the building. Outdoor events shall be prohibited
unless specifically permitted with a Special Event permit.
6. No amplification of music or use of speakers shall be permitted except within the enclosed
building.
7. Hours of operation shall be limited to 10:00 a.m. to 11:00 p.m.,Monday through Sunday.
August 15, 2023
66
ITEM— VLK.4
PLANNING ITEMS
ITEM#74579
(Continued)
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 15th day of August Two
Thousand Twenty Three.
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor RobertM.Dyer,BarbaraM. 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
August 15, 2023
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Property Polygons
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4020 BonneyRoad, Suite 101
En Zoning
Building ti
Feet
0 15 30 00 90 120 150 180
67
ITEM— VI.K.5
PLANNING ITEMS
ITEM#74580
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED,
AS CONDITIONED, BY CONSENT, application of MILESTONE TOWER LIMITED
PARTNERSHIP-IV/PAUL S.BROWN FAMILY,LLC for a Conditional Use Permit re communication
tower for a portion of a parcel on the East Side of Harpers Road and North of London Bridge Road
DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MILESTONE TOWER LIMITED PARTNERSHIP-IV/PAUL
S. BROWN FAMILY, LLC for a Conditional Use Permit re
communication tower for a portion of a parcel on the East Side
of Harpers Road and North of London Bridge Road (GPIN
14933356970)DISTRICT 5
The following conditions shall be required:
1. The Communication Tower shall be located within the lease area and developed
substantially in conformance with the submitted plan entitled `LONDONBRIDGE SITE—
CASTLETON COMMERCE WAY— VIRGINIA BEACH, VA 23456, and dated 03/31/2023,
prepared by Entrex Communication Services,Inc., which has been exhibited to the Virginia
Beach City Council and is on file in the Department of Planning and Community
Development.
2. A full structural report shall be submitted during detailed site plan review.
3. A depiction of the location of the required FCC hazard safety signage on the site, if any,
and sign diagrams shall be required during detailed site plan review.
4. Subject to federal law, the maximum height of the tower shall be 152 feet above ground
level, inclusive of the lightning rod.
5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a
Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation
Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during
detailed site plan review. No building permit shall be issued until the tower is determined
to be a non-hazard to air navigation.
6. No signs indicating the location of this facility are allowed.
7. In the event that the antennae on the tower are inactive for a period of two years, the tower,
antennas, and related equipment shall be removed at the applicant's expense.
August 15, 2023
68
ITEM— VLK.5
PLANNING ITEMS
ITEM#74580
(Continued)
8. The final stormwater management plan submitted to the Development Services Center
(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall
comply with the City's Stormwater Management Ordinance.
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 15t day of August Two
Thousand Twenty Three.
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
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/// Site Milestone Tower Limited Partnership-IV, a Delaware limited '.� I
Property Polygons partnership (dlbla Milestone Towers) N
1 Zoning Portion of parcel on the east side of Harpers Road & north of
Building London Bridge Road
Feet
0 75150 300 450 600 750 900
69
ITEM— VLK.6
PLANNING ITEMS
ITEM#74581
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED,
AS CONDITIONED,BY CONSENT,application of BEAU IBROWZ,LLC/WILLIS REALTY GROUP
for a Conditional Use Permit re tattoo parlor at 4224 Virginia Beach Boulevard, Suite 104 DISTRICT 8
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BEAU IBROWZ, LLC / WILLIS REALTY GROUP for a
Conditional Use Permit re tattoo parlor at 4224 Virginia Beach
Boulevard, Suite 104 (GPIN 14933356970)DISTRICT 8
The following conditions shall be required.
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure compliance with the provisions of Chapter
23-51 of the City Code.
2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of
permanent makeup. No other form of tattooing shall be permitted.
3. The actual application of permanent makeup shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar signage installed on
the exterior of the building or in any window, or on the doors. Window signage shall not
be permitted. A separate sign permit shall be obtained from the Department of Planning
& Community Development for the installation of any new signs.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15`'` day of August Two
Thousand Twenty Three.
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
1,,----- 7 ''. ( 1 ----------\\ ) 03 '',,____. 'N'IWZ--
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Property Polygons
Beau i B rowz LLC NT
Q Zoning 4224 Virginia Beach Boulevard, Suite 104 s
Building
Feet
0 30 60 120 180 240 300 360
70
ITEM- VLK.7
PLANNING ITEMS
ITEM#74582
The following registered to speak:
Christopher Sprauer,Applicant, 276 North Birdneck Road#122, Phone: 772-260-5950, spoke in
SUPPORT
Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council
APPROVED, AS CONDITIONED, application of ASCENSIONS GROUP, LLC/GEORGE & JOAN
GEORGHIOUfor a Conditional Use Permit re short term rental at 402 22"d Street DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA
ASCENSIONS GROUP, LLC / GEORGE & JOAN
GEORGHIOUfor a Conditional Use Permit re short term rental
at 402 22"d Street(GPIN 14933356970)DISTRICT 6
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 402 22nd Street
and the Short Term Rental use shall only occur in the principal structure.
2. An annual Short Term Rental Zoning Permit must be obtained from the Department of
Planning and Community Development(Zoning Administration)before using the dwelling
for Short Term Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of
the City Zoning Ordinance (CZO) or as approved by City Council.
5. A third parking space, at a location subject to approval by the Zoning Administrator, shall
be available for use by the Short Term Rental occupants at all times.
6. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Department of Planning and Community Development;however, the Department shall
notify the City Council in writing prior to the renewal of any Conditional Use Permit for a
Short Term Rental where the Short Term Rental has been the subject of neighborhood
complaints, violations of its conditions or violations of any building, housing, zoning,fire
or other similar codes.
7. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2)) on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1.
August 15, 2023
71
ITEM— VLK.7
PLANNING ITEMS
ITEM#74582
(Continued)
8. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty(30)minutes and to be physically present at the Short Term Rental within one
(1) hour.
9. If, or when the ownership of the property changes, it is the seller's responsibility to notify
the new property owner of requirements 'a' through `c' below. This information must be
submitted to the 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 the Revenue's Office receipt of
registration; and
c. Proof of liability insurance applicable to the rental activity of at least
$1-Million.
10. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of the Revenue's Office and pay all applicable taxes.
11. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
12. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
13. Accessory structures shall not be used or occupied as Short Term Rentals.
14. No signage shall be on-site, except that each Short Term Rental shall have one (1)four-
square foot sign posted on the building, or other permanent structure or location approved
by the Zoning Administrator, that identifies the property as a short term rental and provides
the telephone numbers for the Short Term Rental Hotlines in text large enough to be read
from the public street.
15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7)
consecutive days.
August 15, 2023
72
ITEM— VLK.7
PLANNING ITEMS
ITEM#74582
(Continued)
16. 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.
17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not
include minors under the age of 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).
19. The property owner, or their representative, shall provide to the Department of Planning
and Community Development permission to inspect the Short Term Rental property
annually. Such inspection shall include: 1) At least one (1)fire extinguisher has been
installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon
monoxide detectors are installed in accordance with the building code in effect at the time
of construction and interconnected. Units constructed prior to interconnection
requirements must have a minimum of one (1) smoke alarm installed on every floor of the
structure and in the areas adjacent to all sleeping rooms, and when activated, be audible
in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been
inspected within the last twelve (12) months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of
Planning and Community Development shall only be required to be inspected every three
(3)years. The inspection for compliance with the requirements above shall be performed
by the short term rental management company and be documented on a form prescribed
by the Department of Planning and Community Development and shall be provided during
the yearly permitting process.
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.
20. A structural safety inspection report shall be provided to the city every three (3) years
indicating all exterior stairways, decks,porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection (engineer or architect)
and are safe for use. The report must indicate the maximum number of occupants permitted
on each level of these structures and placards indicating the maximum number of
occupants of all exterior stairways, decks,porches, and balconies must be posted on each
level of these structures.
August 15, 2023
73
ITEM— VLK.7
PLANNING ITEMS
ITEM#74582
(Continued)
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 15t1` day of August Two
Thousand Twenty Three.
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
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74
ITEM— VLK.8
PLANNING ITEMS
ITEM#74583
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED
TO SEPTEMBER 19, 2023,BY CONSENT, application of NICHOLAS IULL4NO for a Conditional
Use Permit re short term rental at 505 20th '/2 Street DISTRICT 6(Deferred from July 18, 2023)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
75
ITEM— VLK.9
PLANNING ITEMS
ITEM#74584
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED
TO SEPTEMBER 19, 2023, BY CONSENT, application of JAMIE GEORGE for a Conditional Use
Permit re short term rental at 507 20t 1/2 Street DISTRICT 6(Deferred from July 18, 2023)
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M. Dyer,Barbara M. Henley, N.D. "Rocky"
Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
76
ITEM- VLL
APPOINTMENTS
ITEM#74585
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
AGRICULTURE ADVISORY COMMISSION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
CLEAN COMMUNITY COMMISSION
COLLECTIVE BARGAINING TASK FORCE
DEVELOPMENT AUTHORITY
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
URBAN AGRICULTURE ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP.
VIRGINIA BEACH VA250 COMMITTEE
WETLANDS BOARD
August 15, 2023
77
ITEM— VLL
APPOINTMENTS
ITEM#74586
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
ALISON ALLRED
Three year term 8/15/2023— 7/31/2026
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
78
ITEM— VLL
APPOINTMENTS
ITEM#74587
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
LEXI BRADSHA W
MOLLY JONES
(Student Members)
Student term thru 6/30/2024
BAYFRONT ADVISORY COMMISSION
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
79
ITEM— VLL
APPOINTMENTS
ITEM#74588
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
JOSEPH BOURNE
Representing District 2
MARK BOHENSTEIN
Representing District 3
PATRICK CLARK
Representing District 4
MICHAEL C.AGRESTI
Representing District 5
STEVE GIBSON
Representing District 6
LANCE LESHER
Representing District 8
DANIEL MURPHY
Representing District 9
ROBERT GOODMAN
Representing At-Large
Three year term 8/15/2023— 7/31/2026
BEACHES AND WATERWAYS ADVISORY COMMISSION
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
80
ITEM— VLL
APPOINTMENTS
ITEM#74589
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
CHIEF PAUL NEUDIGATE
(Police Chief)
Three year term 10/1/2023—9/30/2026
CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
81
ITEM— VLL
APPOINTMENTS
ITEM#74590
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
BRYCEN DILDY
(Student Member)
Student term thru 6/30/2024
CLEAN COMMUNITY COMMISSION
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
82
ITEM— VLL
APPOINTMENTS
ITEM#74591
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
CINDY CURTIS
Three year term 10/1/2023—9/30/2026
COMMUNITY SERVICES BOARD
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
83
ITEM— VLL
APPOINTMENTS
ITEM#74592
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
LINDA GARRIS-BRIGHT
DAVID WEINER
Four year term 9/1/2023—8/31/2027
DEVELOPMENT AUTHORITY
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
84
ITEM— VLL
APPOINTMENTS
ITEM#74593
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
WA ROBINETT
Unexpired term thru 6/30/2024
HEALTH SERVICES ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor RobertM.Dyer, Barbara M.Henley,N D. "Rocky"
Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
85
ITEM— VLL
APPOINTMENTS
ITEM#74594
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
JESSICA GUGLIELMO
LA WRENCE'CHEWER
FAY SILVERMAN
Four year term 10/1/2023—9/30/2027
HOUSING ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,N D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
86
ITEM— VLL
APPOINTMENTS
ITEM#74595
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
JOE JACKSON
Unexpired term
KELVIN WRIGHT
Representing Retired Law Enforcement Officer
Three year term
INDEPENDENT CITIZEN REVIEW BOARD
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
87
ITEM— VLL
APPOINTMENTS
ITEM#74596
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
KARLA GREGORY
CA VELLE MOLLINEA UX
HERMAN VALENTINE
Two year term 10/1/2023—9/30/2025
MINORITY BUSINESS COUNCIL
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N. D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
88
ITEM— VI.L
APPOINTMENTS
ITEM#74597
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
CHARLES RIGNEY
Representing Economic Development
No Term
OCEANA LAND USE CONFORMITY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor RobertM.Dyer,Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
89
ITEM— VLL
APPOINTMENTS
ITEM#74598
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
DIANNA MCDOWELL
Three year term 8/15/2023—8/31/2026
OPEN SPACE ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
90
ITEM— VLL
APPOINTMENTS
ITEM#74599
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
KATHRYN MORAN
Representing District 5
Three year term 9/1/2023—8/31/2026
PARKS AND RECREATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
91
ITEM— VLL
APPOINTMENTS
ITEM#74600
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
SUSAN HIPPEN
Representing District 7
Four year term 8/15/2023— 7/31/2027
PLANNING COMMISSION
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor RobertM.Dyer, BarbaraM. 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
August 15, 2023
92
ITEM— VLL
APPOINTMENTS
ITEM#74601
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
CAPTAIN JEFFREY WILKERSON
Representing Law Enforcement
Unexpired term thru 12/31/2023
Plus Two year term 1/1/2024—12/31/2025
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
93
ITEM— VLL
APPOINTMENTS
ITEM#74602
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
JIM VAIL
Five year term 10/1/2023—9/30/2028
WETLANDS BOARD
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,.Mayor Robert M.Dyer, Barbara M. Henley,N.D. "Rocky"
Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
August 15, 2023
94
ADJOURNMENT
ITEM#74603
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:13 P.M.
Tem . e ius
Chief Deputy Clerk
nda Barnes,MMC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
August 15, 2023