HomeMy WebLinkAboutOCTOBER 3, 2023 INFORMAL AND FORMAL SESSION t7
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
OCTOBER 3,2023
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, October 3, 2023, at 1:30 P.M.
Council Members Present:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley, 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 COUNCILS BRIEFINGS
CONVENTION CENTER AND SPORTS CENTER REQUEST FOR LETTER OF INTEREST AND
QUALIFICATIONS UPDATE
ITEM#74 763
1:31 P.M.
Mayor Dyer welcomed Norm Jenkins, CEO, Capstone Development. Mr. Jenkins expressed his
appreciation to City Council for their continued support and distributed today's presentation, attached
hereto and made a part of the record.
Mayor Dyer expressed his appreciation to Mr.Jenkins for the presentation.
October 3, 2023
VIRGINIA BEACH
SPORTS
CONVENTION- - ,
DISTRICT
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CAPSTONE
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DEVELOPMENT -{� ED C
ENS. OOPERCARKY
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MARRIOTT MARQUIS COLUMBIA PLACE
WASHINGTON, DC WASHINGTON,DC
1,024,131 SF AND 1,175 GUESTROOMS 643,000 GSF,RESIDENTIAL:223,000 SF,200 UNITS;HOTEL:350,000 SF, 500 KEYS; RETAIL:
3.000 SF; PARKING:70,000 SF BELOW GRADE
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MOSAIC DISTRICT WOBURN VILLAGE
FAIRFAX,VA WOBURN,MA
500K SF RETAIL,1.400 RESIDENTIAL UNITS,75K SF OFFICE,150 HOTEL KEYS 275K SF RETAIL,350 APARTMENT UNITS
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ATHERTON MILL SOUTH BAY
CHARLOTTE, NC BOSTON, MA
115K SF RETAIL,350 APARTMENT UNITS 510K SF RETAIL,475 APARTMENT UNITS,130 HOTEL KEYS
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THE FUTURE OF THE SPORTS + CONVENTION DISTRICT
PROJECT PROPERTY LINE Y +
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+� FUTURE RETAIL LOCATIONS Z
MAJOR SITE CONNECTION
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Our vision is to create a new neighborhood ra
connecting the Virginia Beach Sports and .• t + '
Q Convention Center District,the ViBe Creative
District,and the Virginia Beach Resort District. -
�2 In doing so,we will be completing a long-
�Q envisioned and vibrant gateway to the ocean. s `�
EXISTING SITE - GROUND LEVEL
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PROPOSED MASTER PLAN - GROUND LEVEL
DIAGRAM KEY . _ =
RESIDENTIAL :` !�' �,� Al
RESIDENTIAL LOBBY
s
RETAIL
HOTEL
PARKING # ,f. •y��. �� -._-. ' - _ �,m[ �•�
BACK-OF-HOUSE
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PROPOSED MASTER PLAN - UPPER LEVEL
DIAGRAM KEY - -
RESIDENTIAL
RESIDENTIAL LOBBY +
t
RETAIL .. •. ...
15 HOTEL �`- ,. —°' "_°__ ,. 5 _ -- .N r II pi16•
PARKING {'C°9p°` s ►� i .. ;3;
BACK-OF-HOUSE —XI
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,
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Mitir 651,I I
YIELD SUMMARY �=mmm
RETAIL 54,700 SF
RESIDENTIAL 316,713 SF 293
DIAGRAM KEY BOH 6,600SF
— ---�, � GARAGE
363,300 SF 1141
,A RESIDENTIAL i [�J Q=JL •p TOTAL
RESIDENTIAL LOBBY RETAIL
RETAIL 30,550 SF
- HOTEL
HOTEL 156,700 SF 300
Y PARKING .- - _ -� _ -,� ' - - i BOH 11,600 SF
yr
1
GARAGE 165,000 SF 392
BACK-OF-HOUSE 'I 363,850 SF
TOTAL
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2.
I RETAIL 38,570 SF
q3
4 ' y f' RESIDENTIAL 357,000 SF 331
BOH 9,000SF
GARAGE 483,130 SF 1,366
TOTAL111,366
=Mom
RETAIL 34,400SF
• RESIDENTIAL 329,490 SF 309
BOH 7,200 SF
GARAGE 211,375 SF 635
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RETAIL 158,220 SF
--- - -
-r RESIDENTIAL 933
- RESIDEN 1 003 203 SF
=�. _�__� �_ � --,--� _ �-•— ,_. HOTEL 156,700 SF 300
,tea= BOH 34,400 SF
GARAGE 1,222,805SF 3,534
STREET PARKING 131
GRAND TOTAL11
PHASING PLANS - PHASE 1 (OPTION 1)
DIAGRAM KEY RETAIL 54,7005E
- ---
_- __—.__ ____ 3 RESIDENTIAL 16,713SF 293
D
i RESIDENTIAL : {. `-_� • - y - I �+.� -
J z� �+ ' BOH 6,600 SF
RESIDENTIAL LOBBY -- " "�\ �/ GARAGE 363,300 SF 1,141
RETAIL o- - TOTAL
i
HOTEL
.;. PARKING
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• RETAIL 30,550 SF
BACK-OF-HOUSE •
HOTEL 156,700 SF 300
j t • BOH 11,600SF
r ue y GARAGE 165,000 SF 392
TOTAL
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PHASING PLANS - PHASE 1 (OPTION 2)
DIAGRAM KEYF. -'- _ - -- RETAIL 3ss7osF
RESIDENTIAL 357,000 SF 331
e RESIDENTIAL 10t1
BOH 9,000 SF
RESIDENTIAL LOBBY - -- / ' GARAGE 483.130 SF 1,366
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RETAIL a.R !_:b. w i'S= -�►' w I t 11 ,366
HOTEL
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PARKING
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BACK-OF-HOUSE77
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PHASING PLANS - PHASE 1 (OPTION 3) _
DIAGRAM KEY RETAIL 54,700SF
RESIDENTIAL 316,713 SF 293
RESIDENTIAL
BOH 6,600 SF
e
RESIDENTIAL LOBBY ¢�. `T/ T GARAGE 363,300 SF 1,141
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RETAIL
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HOTEL a
ME
PARKING I t > rr ® ®®
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BACK-OF-HOUSE 1 � �+ RETAIL 38,570 SF
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RESIDENTIAL 357,000SF 331
BOH 9,000 SF
GARAGE 483,130 SF 1,366
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PHASING PLANS - PHASE 2
DIAGRAM KEY WE. . E rw
RETAIL 54,700 SF
RESIDENTIAL 316,713SF 293
a J RESIDENTIALI -� �� "' ' BOH 6,600 SF
RESIDENTIAL LOBBY � GARAGE 363,300 SF 1,141
1.141
/ _ _ - _ �K -
_ TOTALi�• '�� r a
RETAIL -�
HOTEL
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� PARKING r' ._" ... - _l i-? ,-s.__.i.-.i -ti � ,.1 _.'?'
RETAIL ETAI 30,550 SF
BACK-OF-HOUSE
T a
- HOTEL 156,700 SF 300
I
BOH 11,600 SF
tt GARAGE 165,000 SF 392
J T
RETAIL
z
,570 SF
7 �! f T _+ _•CAM RESIIDENTIAL 358000 SF 331
a c -
3 BOH 9,000 SF
}f ! SEC
c. t'• i . ..!*. r.. `' I ,? a.' ._ `��y �— `+' •� GARAGE 483.130 SF 1.366
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PHASING PLANS - PHASE 3 _ �=mmffi
RETAIL 54.700 SF
L 1 ,
_ RESIDENTIAL 316,713 SF 293
DIAGRAM KEY BOH 6,600SF
GARAGE 363,300 SF 1,141
:4 RESIDENTIAL i �• �j1 �_ R� m a �� TOTAL
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jRESIDENTIAL LOBBY
® ®®RETAIL
RETAIL 30,550 SF
HOTEL
HOTEL 156,700SF 300
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PARKING 1 r�..- �...
rr ; BOH 11,600 SF
BACK-OF-HOUSE s v - - N ' GARAGE 165,000 SF 392
®®
- _ - RETAIL
IL 38,570 SF
{ 1 / RESIDENTIAL357,000 SF 331
17
BOH 9,000 SF
A 30 GARAGE 483,1 SF 1366
1.366
Ia
RETAIL 34,400 SF
+r
RESIDENTIAL 329,490 SF 309
BOH 7,200 SF
GARAGE 211,375 SF 635
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f I L F RETAIL 158,220 SF
- -- - _ .
- — -- f---- _ RESIDENTIAL 933
L 1 0 300
RESIDEN 1 003 203 SF
-
� HOTEL 56,70 SF
BOH 34.400 SF
GARAGE 1,222,805 SF 3,534
STREET PARKING 131
GRAND TOTAL300
PARKING ANALYSIS
Proposed
!9k Structured
Parking
OIL. — B 130 392 27 +289
C -330 1,366 41 +1,077
hr• h. ;a } .- S M: -'. _"` D -102 635 35 +568
Total :0
r — — — — — — — — — — — — — — — — — — — — — - - — — — — — — — 7
1 / /
1 EX: 241 SPACES / EX: 130 SPACES 1
1 PROP: 1,141 SPACES / / PROP: 392 SPACES 1
1 STREET: 28 SPACES / / STREET: 27 SPACES 1
1 GAIN: +928 SPACES / / GAIN: +289 SPACES 1
1 @
1 EX: 330 SPACES I / EX: 102 SPACES 1
1 PROP.: 1,366 SPACES / / PROP: 635 SPACES 1
1 STREET: 41 SPACES / / STREET: 35 SPACES. i
1 GAIN: +1,077 SPACES / / GAIN: +568 -SPACES
1 / / 1
OVERALL BUILDING SECTIONS
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^^' PARKING PARKING
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REST RESI REST
m RETAIL - -iQ RETAIL
fd
N VBCC 19THSTREET-16OFT BLOCKA E 18TH STREET-79FT BLOCK S
BUILDING SECTION - PLAN WEST BUILDINGS
HOTEL
>4' era" o
04'
sra
K
"J PARKING PARKING
m RESI RESI
"w RETAIL RETAIL HOTEL
W MEMORIAL BLOCKA MARKET ST-93' BLOCK E
(VARIES)
BUILDING SECTION- PLAN NORTH BUILDINGS
RES PARKING RESI REST REST RESI PARKING RESI
RETAIL » RETAIL PARKING
W BLOCKC �—MARKETsI_9 --- BLOCK E
BUILDING SECTION -PLAN SOUTH BUILDINGS
STREET SECTIONS
RESI
RETAIL
N EXISTING CONVENTION CENTER PLAZA LANE LANE LANE LANE LAP SW BZ $
91 11 11 11 11 4.5 6 14.5
160
STREET SECTION - 19TH ST
RESI RESI
s V''
w
RETAIL
N BZ SW LAP PARK LANE LANE PARK LAP SW BZ S
8 6 6.5 8 11 11 8 6.5 6 8
79
STREET SECTION - 18TH ST
STREET SECTIONS
SCREENED
v PARKING
JAM
PLAZA SW LAP PARK LANE LANE PARK LAP SW BZ
VARIES
STREET SECTION - MARKET ST NORTH
C aF
it m
BZ : SW LAP PARK LANE : LANE : PARK LAP SW BZ
15 6 6.5 8 11 11 8 6.5 ! 6 15
97
STREET SECTION-MARKET ST SOUTH
VIEW FROM CONVENTION CENTER LOOKING SOUTH
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VIEW FROM SOUTH WEST UP MARKET STREET
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ECONOMIC IMPACT ANALYSIS
Square Feet Construction Sales Tax Rate Annual Sales -Rea-1-Projperty—� Assessed Value 1 Annual Property
Jobs Taxes Tax Rate Taxes
Residential 933 1,003,203 3,612 21 0.00% 0,99% $93,300,000 $923,670
Hotel 300 156,700 564 90 9.00% $1,576,800 0.99% $30,000,000 $297,000
Restaurant 79,110 285 527 5.50% 1,740,420 0.99% $23,733,000 $234,957
Other Retail 79,110 285 176 1.00% 237,330 0.99% $23,733,000 $234,957
PRELIMINARY ANALYSIS SUBJECT TO CHANGE BASED ON FINAL DEVELOPMENT PROGRAM
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CAPSTONE
DEVELOPMENT — 'EDE:NS COOPER CARRY
3
CITY COUNCILS BRIEFINGS
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY
ITEM#74 764
2:26 P.M.
Mayor Dyer welcomed Doug Smith, President& CEO—Hampton Roads Alliance and Jim Noel, Director-
Eastern Virginia Regional Industrial Facilities Authority(EVRIFA). Mr. Smith expressed his appreciation
to City Council for their continued support:
Hampton
IndustrialEastern Virginia Regional
•
C What is a RIFA?
C Members
Cr Governing Board
Cr Management
L Funding
C Revenue Sharing
i Project Participation
i Initial Project
ALLIAN&E
October 3, 2023
4
CITY COUNCILS BRIEFINGS
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY
ITEM#74 764
(Continued)
Here is an overview of a Regional Industrial Facility Authority (RIFA):
What is a RIFA?
. ,
Simply put:A cooperative agreement l�rkCotalty
between localities.
A Regional Industrial Facility Authority is a
mechanism created by Virginia statute for
localities in the same region to cooperate in
the de.Jopment of facilities and then share
in the revenue generated by such
development.
There are 11 other RIFAs in Virginia.
• Mostly in the western portion of the state ^———
ALLIAN&E
Here is the EVRIFA History:
EVRIFA History
• The Secretary of the Commonwealth formally recognized creation of the
EVRIFA on December 18, 2018.
Act-Virginia Regional Industrial Facilities Act,Chapter 64,Title 15.1,Section 15.2-6400.et seq.,
Code of Virginia
• The Peninsula communities initially formed the organization.
York County spearheaded the initial project
Hampton served as the Fiscal Agent
Newport News served as support staff
In 2022 the Hampton Roads Alliance took over as the managing entity,
fiscal agent, and support staff.
ALLIANE.E
October 3, 2023
5
CITY COUNCILS BRIEFINGS
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY
ITEM#74 764
(Continued)
The next few slides provide the EVRIFA Members and Governing Board:
York
yI IC m,
. FwyRXnNie 1h.rkNNnrm �.�.
R eNAMPTON
�- fVIRGINIA S
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neWW1
news wulvIIINNM
ChCkifke
VIRLIUTA
-EC0WJM1CuEVEL"(NT----
ISLEOFWUlff
y/ cou n I;VIRGINIA
(.nnlb•rYwMxenl•,
GhelXe.prn N<N
Governing Board va ara gv.PnmrryMrmbr
P e. nnX embrr
Each Member Locality appoints two Board members. a..a. mmrh Memb r
Nwenu G.Kingxron,AlNnwle Member
KNP sI CRweMeY CKyel NrXgen CRMel Poyueaen
• Ranc�n•Mnw,Primary Memeer ��I�IXI��Nember Cirev 1.Fuman,Primary Membn
RkMra W.•Rbl'Wert.PmmrryMember LYen Seymern,Pnmrry Membrr 0.MdA Nur,/rirvyMrmbrr
Ae+en C.WrgAt wwwn Member MemWr 1.Rrn4l wMVrr,AlYrmh Memeer
Rrymlh.Ahrmrlr Memeer Ahry Wntn6.Alumen MemGr rcHemt�
Obr slPnrrWn XN SIWIdACeaMy cKv o1w11kmabury
eunY wal,PrimoryM<mMr Ri ,d l.'�kY'Griu,PnmrryMrmber Barbara Ra xy,IrimeryMemWr
McKban CournJ,Pn 6er Nme+R.iwE.Primary Member Rarola P+e^.nmrryMembrr
Amanda Mrnn,AlumrHMember PiMVR.Maron,AlMrrroNMember Ardrew Greene MumakMemeer
Karl Nerl,Attemree Member grn(opeer A.MaNb.Attem4Mrmeer Yuri Adam+.Alumou Member
WRerRMGrny IMeea[Iry CeMAy YM twnh
Robes QN,PrvrwryMemGr Vnu(ampna le,Primary Mrmbrr Merl C�rbr,Pdmvry MemMr
0.rk Heeler,Primory Mrmber Sue Sadkr,Primary M<mber 56nk Neil,Primary Member
SBepliYBvane�lumaterMemeer � Nwn Puree AlurrwurMemebe� Ne le Va NAldmrte Memerrmbrr
ALLIAN LE
October 3, 2023
6
CITY COUNCILS BRIEFINGS
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY
ITEM#74 764
(Continued)
EVRIFA Governing Board 2023 Officers
David Meeker,Gloucester
Chairman r,,,,u,"er
David Hux, •.• . .
Secretary
ALLIAN&E 7
EVRIFA Management
August 2022
EVRIFA Executed a MOA with the Hampton
Roads Alliance EVRIFA
The Alliance serves as the administrative
W and managerial support arm of the
organization
Eastern Virginia Regional Industrial Facility Authority
The EVRFA's purpose aligns perfectly
with the Alliance'sregional economic U
development mission
ALLIAN LE
October 3, 2023
7
CITY COUNCILS BRIEFINGS
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY
ITEM#74 764
(Continued)
Mr. Smith turned the presentation over to Mr. Noel to provide EVRIFA Funding details:
EVRIFA Funding
Operational Dues Individual Project
Communities communities Participation Agreements
>50K <50K • P-equire approval bythe governing bodies
Population Population of the Member Localities who elect to
$a,000 $2,000 participate and require separate funding
from participating members.
• Adoption requires approval by the governing
bodies of the Member Localities:Audit;
insurance;etc. Member Localities pay a base fee for operational
• Initial"joining fee"applies to all Member dues and can choose to participate in individual
Localities($2,500 for large;$1,250 for small) projects.
• The Hampton Roads Alliance did not charge a fee to
assume management of the EVRIFA.
ALLIAN GE
Mr. Noel turned the presentation back over to Mr. Smith. Here is an overview of EVRIFA Revenue
Sharing:
EVRIFA
• Revenue Sharing
Member Localities may agree to a revenue and economic growth
sharing arrangement with respect to tax revenues and other income
and revenues generated by any facility owned by the Authority.
Requires approval by the governing body of the Member Locality for
the site.
Any such agreement shall be approved by a maoority vote of the
governing bodies of the Member Localities reaching such an
agreement but shall not require any other approval.
October 3, 2023
8
CITY COUNCILS BRIEFINGS
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY
ITEM#74 764
(Continued)
Member Localities can choose which projects they want to participate in:
Otial and any remunerati 10"in a
.• •. bythose N1 ember Localities that
join in the E'articipation-Agrqgn for that project.
There is no requirement to participate project (1 no
'-',does
EVPJFA has one
The Kings Creek Commerce Center is EVRIFA's active project:
3�tM"M"M Kings Creek
Commerce Center Creek
' Development Areas
o -�,- Commerce Center
v tS . First EVRIFA project,acquisition of 432 acres of
k r.
0 z� ! y
O state surplus property in York County
�,.-'
OI. _
rAe . Closed on property December 2021,funding for
property acquisition secured by leasing 250 acres
v for a 20MW solar project
a _ � �' ',k.. __ •,�, • Secured GO Virginia grant for site preparedness
engineering work that is underway
Y t
Alto Survey
Geotechnical investigation
Master planning potential site layout and
utilities
October 3, 2023
9
CITY COUNCILS BRIEFINGS
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY
ITEM#74 764
(Continued)
Kings Creek Commerce Center
Participating LocalitiesAnnual Contribution
//-
Isle of Wight County lil
City of •. ///
City of Pocluoson $2,500
City of • 1 t/l
•rk County1 /11
Here is an Example Future Project:
Lxarnp a i-uture i roject:
The EVRIFA Board votes to acquire property in a member
Community
•p Option B:
Virginia Beach chooses to participate Virginia Beach chooses not to participate
The City would determine the percentage of A The City would not sit on the subcommittee for
wouldcost they .take on forthe project in question.
acquisition and associated development costs. The City would still sit on the EVRIFA Board and
Once a project is sited on property,Virginia can choose to join or not join future projects.
Beach would
the revenue earned ..
ALLIAN SE
October 3, 2023
10
CITY COUNCILS BRIEFINGS
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY
ITEM#74 764
(Continued)
Next EVRIFA
WE JOINED THE EVRIFA BECAUSE 1-1
REPRESENTS REGIONALISM IN ACTION. IT IS
AN OPPORTUNITY FOR TRANSFORMATIVE
ECONOMIC GROWTH. WHEN WE JOIN
FORCES, NO PROJECT IS TOO BIG FOR
HAMPTON ROADS.
s Rick West,City of Chesapeake
ALLIANCE
October 3, 2023
11
CITY COUNCILS BRIEFINGS
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITIES AUTHORITY
ITEM#74 764
(Continued)
Mo"m"O,
Ev IFA
tern Virginia Regional Industrial Facility Authority
Mayor Dyer expressed his appreciation to Mr. Smith and Mr. Noel for the presentation.
October 3, 2023
12
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74 765
2:51 P.M.
Mayor Dyer welcomed Melisa Ingram, Execute Director— VBCPS Facilities. Ms.Ingram expressed her
appreciation to City Council for their continued support:
oFy waae Jaooag
♦-F�M PSf
Public-Private Education Facilities and
Infrastructure Act
PPEA Interim Agreement
Conceptual Designs
By:The Department of School Division Services
Office of Facilities Services
City Council Update-Informal Session
Tuesday,October 3,2023
Here are the Public Input Meeting Milestones:
PPEA Interim Agreement for Design Services
Rublie Input M"**N,
March-April: has Group Int—pars
April-May: Educational Specification Meetings
May: School Board Workshop-Educational Specifications , ,_
July/Nov-Fab: Project Financing Plan-Budget leadership
May-June: Design Workshops
Sept-Oct: Design Workshops-Conceptual Design -
Sept-Oct: School Board Workshop-Conceptual Design
�`— City Council Informal Session-Conceptual Design
Oct-Nov: Final Schematic Design
Oct-Nov: School Board Workshop-Final Schematic Design
City Council Informs I Session-Final Schematic Design
July/Nov-Fab: Project Financing Plan-Budget leadership
Nov-Fab: School Board Workshop-Project Financing Plan
Chy Council Informal Session-Project Financing plan
Nov-Feb: Guaranteed Maximum Price jGMPI&Proposed Comprehensive Agreement
for Construction Services
Dec-March: School Board Action-GMP&Comprehensive Agreement
City Council Action-GMP&Comprehensive Agmeme,t
October 3, 2023
13
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74 765
(Continued)
Here is the Interim Agreement Timeline:
PPEA Interim Agreement for Design Services
Interim Agreement Timeline:
5% 15% J XI%
A M I I A S CI N D I E M A M I I A S f
2023 2024
"REQUIRES APPROVALS
PPEA Interim Agreement Phase
TO PROCEED /
Here are the Stakeholders Planning Advisory Team&Public Meetings:
PPEA Interim Agreement for Design Services
Stakeholders—Planning Advisory Team Er Public Mtgs
Planning Advisory Team Meetins:
❑Organizations Engaged ❑Elected Officials;
Stakeholders,Community Organizations,&.Subject Matter Experts 2 School Board&2 City Council per'lcam
• VBCPS School Staff-Administration,teachers,support staff Princess Anne HIS
• VBCPS Administration-School Division Services,School Leadership, Carolyn Weems Joash Schulman
Teaching and Learning,Budget,Technology,Communications Beverly Anderson Jennifer Rouse
• CVB Administration-VBPD,Parks&Recreation,Planning, Williams ES&Bayside 6th Grade
Public Works,Public Utilities,Cultural Affairs Kimberly Melnyk Amelia Ross-Hammond
• Students and parents Civic Leagues Staci Martin Chris Taylor
• Historians Community organizations Bayside HS
• CHKD Higher Education;ODU,NSU,TCC,VWU Victoria Manning Rosemary Wilson
• Environmental groups Public Health Kathleen Brown Rocky Holcomb
CBDA
October 3, 2023
14
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74765
(Continued)
Here are the Approved Directives:
PPEA Interim Agreement for Design Services
Approved Directives:
{ School Board CIP Funding Language
➢It is understood that the administration and School Board will revisit the
education specificationsofszenal this project with an intention to find
efficiencies of size and scale prior to or during the design
aimprocess/community input process.
City Council PPEA Resolution
a ➢The City Council hereby requests the following at the conclusion of the
term of the Interim Agreement:
a.VBCPS provide the City Council with updated design and construction
cost estimates for the three facilities including scalable options;
PPEA Interim Agreement for Design Services
Public Input Meetings:
Meeting Typel Public Community Meetings
❑Open to the general public
PPEA Public Community Meeting Schedule Overview
PuMi�.c -ly-inW m open ro the pabLs.Ple,..•share nrr.e dahK wnh mro......e-f M
aneod".r ann r.�.,d;ny,•.�..r
rt•w.c.... wort.
e a e..e<< uv«•
--Sf e.,sa eS eK LrnrVnry �5'E. - sp n5 b✓y
.aeaNwf t•..Cr -.np.fe.UYN•f
W.s-. ^sr+0e n5ww
fyc�.. '..<efs am MS w•-.
;.<13 2G:J •51b•�
+.2021 .6e.yfGef WOK�O•'•1.I.a1 pf {Mpon V4r�IsGMe•u
<.mz: ws�n••.x
�trw fans�.<- ...f u:e.se po.-• - -
.r P•r.e
October 3, 2023
15
CITY COUNCILS BRIEFINGS
PPEA INTERIM A GREEMENT UPDATE
ITEM#74 765
(Continued)
Here is an overview of the Design Parameters:
PPEA Interim Agreement for Design Services
Design Parameters:
Princess Anne 1,700 students -lammati...I 13-1-m—(115)Pmg—
High School a 1,550 Zoned&Academy -Special Education Center
11,�s ♦ 150 Dirtnct-wide SPED -NIBOTC Program(PARS&BHS)
Hybrid schedule
_ -'14unch'sched.le for food service
Williams ES& 850 students -A replacamara of z stand-alone schools
Bayside 6- =450 Grades A&S -Bayslde g'^Grade campus earned
g 7 e 100 Grade 6 distinction as a 2021 23 NRion,l ESEA
D'stinguhhed School
-Possible need for ELSE Caller(Scalable
{ Option with 4o-50 classrooms)
�l Bayside High 1,900 students - Health Sciences Academy
..� School -Hybnd schedule
\ - '1-lunch'sch dulef efoodservk.
�• - Prototype design for future schools
•.;2
-- I
t Y P U 6 k -- -- —�
The next several slides provide an overview of Public Input Meetings held.-
PPEA interim Agreement for Design Services
Public Input Meetings:
March-April: Focus Groua Interviews �►
➢ VBCPS Strategic Plan Alignment i
➢ Program Requirements
Division-wide Special Needs program
tooted at PAHS,IN,program serves 1n0-150 students who r.,-.add.—.1 supports mcwding span and star.
Academy-based Programs
Heath Sciences Academy and International Bamlau m program,both of which space needs exceed typical classrooms.
Similaracademiesaree—cmd toheInmrp mmdin highschoolsthroughouttheschoold'iv—
Individual and Personalized Learning
-d-Less,s�,ipt e ezne ,e .«r qu c,new types of spaces such as small,,o P moms and pull-out anu.
Greer&Technical Education(CTE)
VBCPS 6 c—anIted to ff—,rtudents real-world experlences to help them prepare fortheir futures.Theseprograms
often require more square-lootage for labs and shop spatts,took antl matariaH areas,and cleararrces for safety.
Community Partnerships
New programs and services for social and marstal h-Inh support require co....has and support spaces.
Work-based learning exped.nca programs require..e,hnatbn and.d.1nist-l-of multiple—Klan,
October 3, 2023
16
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74765
(Continued)
PPEA Interim Agreement for Design Services
Public Input Meetings
EMERGING THEMES
•Security ingsatureand feelngsemre,anmurage.1-1 wrv•Il anw
Collaboration-Sc—mnn•n•d to Laming Communities
•Student-Focused-A—to:nppon.,ira,nnt-bated,crk"I thinking/pr,0d4,.sad,mmf—blr
ara,r
•Leamer Agency-chanmg their ownmprse,s here iaeas/a•tnon,irateoel.atnlrr.•,syacc.uto � •-t
ovv rt raise
•Professional Futures-Prepare leamars for wher*, 1,their IN—CTE,work-baaedkamng, ` J , '
pa h',ps with commanay and businesses X 1 �.��:'!' J
COmmunity--el it,the community,we koming.pride,ownership,after-hours us•,wnn•.ing `` F
• Fie'
ibility/Adaptability-Adj-11,1e to meet the needs&.11,now and 1Mo tree More
• outdoor Connections-A-11t,Grsera Sty /oatd-r,engage oawoorarea:,-1—,erplorat- a A
• Global Citizenship-i3,wnamabgiry,c,t,c,I,hw,ki%thmuth W i—based leamin, 4t
F O W-.I',finding,movemera,balance of A—re and—ndip@y -
Belonging-'de rat lty school spirt,pmftNe relationships,role modal, a t
•Joy/inspiration MutllattlOn-Ed—ional s".,that fa l Ilk•a spacial-d—nation-lo,cud—;
evckrng platy to be for ad—tional*.;,10 tim
Holistic learning-studem wen-being.n,akln,teat—iwt,e,—ibl•,flmiN Gonna—m
Access to Tools,Supports,Resources-Tachnobey,teething took,media,training,etc.
•Don't Forget the Basle-Storage,rentmoms,daylight/view.,m«e spat•,m kx*m.parking,treat
__i ,eed green buildings..
PPEA Interim Agreement for Design Services
Public Input Meetings:
Gathering Input: ;a
Staff
v, �(
Students 7A,
•Teachers
Parents
•Community
Programs and activities
• Processes and policies A
e
Space needs .
Future needs �'3 3 "J �`f ►t
• Ideas and insights
• Favorites and least (y, A
i
favorites
October 3, 2023
17
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74 765
(Continued)
PPEA Interim Agreement for Design Services
Public Input Meetings
April—May: Educational Sp2gftation Meetings
• Program requirements _---
• Building for 100 years
• Learning experience _
• Adjacencies of spaces ;V.
Ongoing refinement in process �} � o
I P -
ti
IL
_
PPEA Interim Agreement for Design Services
=s Educational Specifications: Princess Anne HS
q
October 3, 2023
18
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74 765
(Continued)
This slide provides Space Efficiencies:
PPEA Interim Agreement for Design Services
Space Efficiencies:
Black Box Theater High Schools
A
Aerobics 1 Fitness/Dance High Schools
I T Y P U 6 l I C S C H O o l 5
PPEA Interim Agreement for Design Services
Public Input Meetings:
May-June: Design Workshops-Conceptual Designs
❑Princess Anne HS
Planning Advisory Team Meetings
t.
Public Community Meeting
i
ElWMarrts ES/Boyd&Uh Grade
Planning Advisory Team Meetings
Public Community Meeting
.�
❑Bayside HS
Planning Advisory Team Meetings
Public Community Meeting
SeDt-OCt: Desian Workshops-Conceptual Design
➢Three Conceptual Design for each school and vote on Preferred
Sept - Oct: School Board Workshop-conceptual Design
City Council Informal Session-conceptual Design
October 3, 2023
19
CITY COUNCILS BRIEFINGS
PPEA INTERIM A GREEMENT UPDATE
ITEM#74 765
(Continued)
The next four(4)slides provide Conceptual Designs for Princess Anne High School:
PPEA Interim Agreement for Design Services
Conceptual Designs: Princess Anne HS
Princess Anne
High School
_ 5:� `
- Parameters:
•a. = 3 � ;4st�" Replacement on
1' '� Q_s^ a ., ''`1's current 43acre site
1.550 attendance-
"
-
_- \ �•.� � `♦ zone and academy
- - •• students
Plus 150 divisionwide
v '•• �_, f _ program for students
{ _ with disabilities
IB Program
NJROTC Program
Use Holland Road
Annex during
Ju �„ `} k - - ,.•�1'l'•�~ construction
ve; it'
Three Branches Conceptual Design:
PPEA Interim Agreement for Design Services
Conceptual Designs: Princess Anne HS
THREE BRANCHES-what works:
• Separation of vehicular traffic by type _-
Courtyard spaces in classroom wings and Special Education Center
• Adjacency of commons to outdoor spaces
• Adjacency of felds to parking
THREE BRANCHES-what doesn't work: ,
Classroom wings feel disconnected from each other
• Relocate Resource to main hallway j
•Confusing parking for different types of events F .
• Difficult to secure one half of the building for after hours events e -
• Largest footprint means smallest amount of site space available —_
could a piece of the building program be relocated overtop of parking ilW
_ -
—._
to free up additional site space? 1:" -
THREE BRANCHES-what changed: _®
Bridge connections at end of classroom wings to further connect
classroom wings I
• Relocated Resource rooms to main hallway.
Y~
r h c o a H v J 1 I C S H o S--
October 3, 2023
20
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74 765
(Continued)
Gateway Conceptual Design:
PPEA Interim Agreement for Design Spices
Conceptual Designs: Princess Anne HS
GATEWAY-what works:
Bridge from structured parking into second floor provides
'first floor connection to Auditorium and Gym
• Roof of structured
parking accommodates multiple amenities �
Obvious Main Entry
Vegetated roof above Media Center
• Number of fields
• Bus lot used for city bus charging after hours `---'
GATEWAY-what doesn't work:
• Drop off and site circulation
• Stands are offset at football fields
• Mining of sehicular traffic types -
Field solar orientation
GATEWAY-what changed: *-•ti �'"� pg _ � I 1
Re oriented football field for proper solar orientation ,^ F
Aligned stands at football fie. '4
• Improved car drop off and special education center drop oft
The Main Street Conceptual Design is the PPEA Team's preferred option:
PPEA Interim Agreement for Design Services
Conceptual Design: Princess Anne HS
MAIN STREET-what works:
• Adjacency of football field to building
• Schola adjacency to green space
• Good site circulation - r
• Relationship between Science,Thalia Creek and outdoor learning area ,,,,•t,
• Classroom Wing,Cafeteria,Media Center,and Visual Arts all have
access to green space
MAIN STREET—what doesn't work: =
• Performing Arts/Auditorium too far away from the fields
• Spaces which hold events are spread out
• Distance between tennis and parking + i
• Commons/Dining connection to Thalia Creek
• More integrated Career&Technical Education classrooms
• Field solar orientation w•. �� I'
MAIN STREET-what changed: _—
• Switched Auditorium and Special Education Center for better access to
both programs
• Alignment of Gym and Auditorium to create a singular event entry
Repositioning of fields to take better advantage of solar orientation and r 4 !
access from parking
• Further integrated Career&Technical Education programs
• Commons/Dining connection to Thalia Creek through E/W axis and EIA
October 3, 2023
21
CITY COUNCILS BRIEFINGS
PPEA INTERIM A GREEMENT UPDATE
ITEM#74 765
(Continued)
The next four(4)slides provide Conceptual Designs for Betty F. Williams Elementary School(ES)/
Bayside 6'h Grade:
PPEA Interim Agreement for Design Services
Conceptual Designs: Williams ES/Bayside 611
Bettie F.Williams 4-5
and Bayside 6th
•i 4� i`
Grade Campus
f.. - '''� Parameters:
• -To be built on BFW s 18-
. acre site
850 students
-Grades 4-6
BFW to remain In
operation during
-) anat phase�y/f'e phased construction
Demolition of current
Bayside 61h Grade
Campus after students
move to new building
Ile
The Terrace Conceptual Design is the PPEA Team's least favored:
PPEA interim Agreement for Design Semices
Conceptual Designs:Williams ES/Bayside 6th
TERRACE-what works:
• Amount of green space on site and within the building
Building maintains a good proximity to the fields
Sae of parking and drop off area
TERRACE-what doesn't work: 1lr
• No clear separation/identity of the two schools
• Long travel time to get to/from 3' floor
• Difficulty reaching shared spaces
• All CTE located on third floor
t M:
TERRACE-what changed: )
• Graphics/art will identity each school -
• Stair access to all major points `
• Shared spaces in areas accessible off commons `,
• Single building entrance—separate office space within single admin <•r71
• CTE is located with 6th grade but accessible to 4th and Sth grades
N
October 3, 2023
22
CITY COUNCILS BRIEFINGS
PPEA INTERIM A GREEMENT UPDATE
ITEM#74765
(Continued)
Dragonfly Conceptual Design
PPEA Interim Agreement for Design Services
Conceptual Designs:Williams ES/Bayside 61h
DRAGONFLY-what works: --J- kx
-
• Media Center serves as a buffer zone between the classroom wings
• Two-story Media Center to serve each school individually J,
• Solar orientation of the classroom wings .�
• Green space incorporated in classroom wings '
DRAGONFLY-what doesn't work:
Health&Fitness fields are separated
Long walk from learning classroom to shared spaces
CTE spaces only accessible through 6th grade wing
DRAGONFLY-what changed:
• Fields relocated to be adjacent to Gym -
Compact arrangement of shared spaces
• CTE spaces located at entrance to 6th grade wing for easy access to 4th "
and 5th graders �•=•
The Embrace Conceptual Design is the PPEA Team's preferred option:
PPEA Interim Agreement for Design Services
Conceptual Design: Williams ES/Bayside 6th
EMRACE-what works:
"r
• High level of separation between the classroom wings
• Health&Fitness access to fields
• Separate bus entrances into each classroom wing
• Major-centralized green space that aligns with the Cafeteria
v �
EMBRACE-what doesn't work: -.` ? y
• Single Armin location that serves both schools - \�,
.' 7
• Sizing of Gym relative to student body
Location of play area -
• No outdoor dining adjacent to Cafeteria c "
EMBRACE-what changed:
• Single building entrance—separate office space within single admin
2 equal sized Gyms
• Play area to be incorporated in courtyard
• Outdoor dining to be incorporated In courtyard
A
N
October 3, 2023
23
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74765
(Continued)
The next four(4)slides provide Conceptual Designs for Bayside High School:
PPEA Interim Agreement for Design Services
Conceptual Designs: Bayside HS
Boyside High
School
rt' -
`al.r -... Parameters:
-Replacement
on current 32-
q acre site
1,900Students
t r1
��• ; `� Use Holland
s y+ Road Annex
i,.- TTT+ during
'+' construction
s \y. "Prototype"
design for
future VBCPS
high schools
r
Concept 4 Conceptual Design:
PPEA Interim Agreement for Design Semices
Conceptual Designs: Bayside HS
Concept 4-what works: 6 Ill
Central commons and dining layout
• Bus drop-off close to learning community �: ,•
• Best PE/Sports access to fields
• Home team stadium bleachers near school,facing north
•• Am ledroP off stacking
Clear
.r
entrance ` �-
• Tennis court access to community •10
• Like street presence
Concept 4-what doesn't work:
• Would like protected courtyard ab`
• Softball field direction .. ,
• Parking farther from stadium •�^,'�� ��
• Lacks third sports field -
• Students in parking area cross drop-off lane
• Outside student space in shadow of 4-story wing
s•
Concept 4-what changed: ..
• Good variety of parking
• Culinary Arts next to kitchen ,.;..
October 3, 2023
24
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74 765
(Continued)
Concept 3 Conceptual Design:
PPEA interim Agreement for Design Services
Conceptual Designs: Bayside HS
Concept 3-what works:
• East-West orientation good for daylighting solar energy
• Learning community near trees and watershed
Ample drop-off stacking
• Clear entrance and clear interior layout �, t
• Student commons—courtyard connection
• Connection to trees and watershed a'£
• Staff planning space _ •j ,>1C •� i
• Field House near athletic activity
• PE/Sports access to fields -- --"s
Concept 3-what doesn't work: - -
• West end s to entrance/exit
• Softball field d rect on
Learning community wing length excessive / i _ �•
• Mixed staff and student parking ./� _
• Tennis courts not easily accessed by community _
• Lacks third sports field
Concept 3-what changed: Vr -- ♦
• Separated bus drop-off adjacent to learning communities
• Home team stadium bleachers near school,facing north
• Parking near stadium
d i I c I N 4 u E A c 7 v .i .. _ 5 �+ - _._.__---------
The Concept 1 Conceptual Design is the PPEA Team's preferred option:
PPEA Interim Agreement for Design Services
Conceptual Design: Bayside HS
Concept 1-what works:
• Integrating Health Services Academy w/core
• PE/Sports access to fields
• Separated bus traffic
Outdoor classrooms adjacenlean interior
n e i o building ou
• Clear entrance and clear courtyard
connection
Student commons courtyard connection
Connection to trees and watershed ' M
Staff planning space
Field House near athletic activity
• Protected outdoor courtyard at learning communities—
Concept 1-what doesn't work:
• West end site entrance/exit '•--- -
• 3-Story wing shades courtyard
• Learning community stairwells access i :J�,/• ..
• Counseling on the second floor - t s_
Heed more practice fields •-'- V.. 1 C f
Concept 1-what changed: - \
• Existing site access maintained '-
• Sunlight into courtyard;2 and 4 stories
• Close off courtyard with fence for security
• Moved counseling to first floor —
• Moved learning community stairwells
• Accommodated third sports field/Athletic fields re-oriented,with tennis court community access
October 3, 2023
25
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74 765
(Continued)
PPEA Interim Agreement for Design Services
Conceptual Design: Bayside HS
Prototype Design:Adaptable to site needs -
First Colonial HS-27.86 acre site KempsvilloHS—W.S crasite Greon Run HS-49.81 acre ita
r
— a
PPEA Interim Agreement for Design Services
Public Input Meetings:
Oct- Nov: Final 5chemafic Design-,'4 .
❑Princess Anne HS >�
Planning Advisory Team Meetings
Public Community Meeting
❑Williams ES!Bayside 6th Grade
Planning Advisory Team Meetings
Public Community Meeting
❑ Bayside HS
Planning Advisory Team Meetings
Public Community Meeting
Oct - Nov: School Board Workshop-Final Schematic Design
City Council Informal Session-Final Schematic Design
Nov - Feb: Financina Plan.GMP.&Camprehensive Agreement
October 3, 2023
26
CITY COUNCILS BRIEFINGS
PPEA INTERIM AGREEMENT UPDATE
ITEM#74 765
(Continued)
Here is the Public Input Meeting Milestones:
PPEA Interim Agreement for Design Services
Public Input Meeting Milestones:
March-April: Focus Group Interviews
April-May: Educational Specification Meetings
May: School Board Workshop-Fducalfonal SpecHicatbns - t
July/Nov-Feb: Project Financing Plan Budget Leadership
e - Design Workshops S - -
Septt-Oct:Oct: Design Workshops-Conceptual Design
Sept 0, School Board Workshop-Conceptual Design
City Council Informal Session-Conceptual Design
Oct-Nov: FinalScMmatk DesignOtt-Nov: School Boa rd Workshop-Fine l Schematic Design
City Council Informal Session-Final Schematic Design
July/Nov-Feb: Project Financing Plan-Budget Leadership
Nov-Feb: School Boa rd Workshop-Project Financing Plan
City Council Informal Session-Project Financing Plan
Nov-Feb: Guaranteed Maximum Price jGMPj&Proposed Comprehensive Agreement
for Construction Services
Dec-March: School Boa rd Action-GMP&Cc mprehensive Agreement
City Council Act ion-GMP&Comprehensive Agreement
t
Thank You
t».pt
Donald E.Robertson,Jr.,Ph.D.,Acting Superintendent
School Division Services
Jack Freeman,Chief Operations Officer
Office of Facilities Services
Melisa A.Ingram,Executive Director
Mayor Dyer expressed his appreciation to Ms.Ingram for the presentation.
October 3, 2023
27
CITY COUNCILS BRIEFINGS
5131 MEMORIAL PLANNING UPDATE
ITEM#74 766
3:17P.M.
Mayor Dyer welcomed Emily Labows, Director—Cultural Affairs and Chad Morris, Planning, Design,
and Development Administrator—Parks and Recreation. Ms. Labows expressed her appreciation to City
Council for their continued support:
--------------
li
.w x
M
5/31 Memorial Planning Update
City Council Briefing
October 3,2023
Emily Labows,Cultural Affairs
Chad Morris,Parks and Recreation
We remember
• LaQuita C. Brown • Michelle "Missy" Langer
• Ryan Keith Cox • Richard H. Nettleton
• Tara Welch Gallagher • Katherine A. Lusich Nixon
• Mary Louise"Mary Lou" • Christopher Kelly Rapp
Crutsinger Gayle • Herbert "Bert"Snelling
• Alexander Mikhail Gusev • Robert"Bobby" Williams
• Joshua O. Hardy
October 3, 2023
28
CITY COUNCILS BRIEFINGS
5131 MEMORIAL PLANNING UPDATE
ITEM#74766
(Continued)
Here is, "The Ask":
The Ask:
• Does City Council want staff to work with United Way to establish
a memorial fund to accept donations from the public?
• What is Council's desired timeline for dedication?
• Does Council want to proceed with original design plan or to
include optional modifications?
r
Y
i
Chosen Design by Dills Architects with SWA
3 y`
5/31 Meme W Update
October 3, 2023
29
CITY COUNCILS BRIEFINGS
5131 MEMORIAL PLANNING UPDATE
ITEM#74 766
(Continued)
The next several slides provide examples of Memorial Funding Models based on other City Memorials
across the country:
Memorial Funding Models
. gSNAPSHOT DESIGN COMPONENTSa . , .
Newtown,Connecticut Date:December 14,2012 $3.7 million At a town referendum,
Lives Lost:27 y residents approved
Injured:2 i 'if"'' spending$3.7 million on the
Incident:Shooting +` memorial by a vote of 963 to
Location Type:School 748.The State Bond
Groundbreaking:August 2021 .�; Commission approved$2.5
Completion Date:November 'TM collin¢around a million for the project which
2022 reflecting pool/wag re r feature, na or the the town will use to defray
icums along its edge ant a sycamore planted in much of the$3.7 million
as enter.The sycamore s planted In Newtown i
dad soil.' Walkways round water
Nature/tree.Located on a Sac sae.
San Bernadino,California Date:December 2,2015 $2.3 million County's CIP funds
Lives Lost:14
Injured:22
Incident:Shooting
Location Type: Workplace
Completion Date:June 2022
Dedication
fkaarNw,lnpfotrea eranne io dw County
6
ove1
1
1,Center.Curtain o1 Courage Memorial
culptural ribbon of patt ned bro and
a,el,whh alcoves dedicated to each,.dim.
`/11 Memorial Update
Memorial Funding Models
COMPONENTSSNAPSHOT DESIGN . FUNDINGSOURCE
El Paso,T% Date:August 3,2019 1)Nov 2019:Walmart erected Budget for city Quality of Life bond and CIP
Lives Lost:23 memorial in Nov 2019 in conjunction memorial:
Injured:23 with store reopening. $470,000
Incident:Shooting 2)Aug 2021:El Paso County dedicated
Location Type:Retail Healing Garden at Ascarate Park made-
Completion Date:2019, up of a semi-circle wall adorned with
2021,city memorial in bronze plaque with victim name and is
progress illuminated at night.Dec 2022:Made a
National Memorial.
3)Aug 2023:City of El Paso Memorial-
Construction is anticipated to begin
this fall and the city hopes to complete
it by 2024.
Wal-Mart memorial:
October 3, 2023
30
CITY COUNCIL'S BRIEFINGS
5131 MEMORIAL PLANNING UPDATE
ITEM#74766
(Continued)
Memorial Funding Models
FUNDINGSNAPSHOT DESIGN COMPONENTS BUDGET .
Thousand Oaks,California Date:November 7,2018 $250,000 The Thousand Oaks City
Wes Lost:12 Council approved a
Injured:10A2 $250,000 grant to the park
Incident:Shooting district for the memorial.
Location Type: Public/Bar
Completion Date:November
12,2019 ,t"`i
The'Heaflng Garden"dedicated one year
after shooting consists of 12 water jets,12
granite benches and 12 boulders all
representing the 12 victims.Other features
include 248 pavers to represent the 248
survivors.
_:A1ererai�rdr�e
Memorial Funding Models
c1=11111111111 SNAPSHOT DESIGN COMPONENTS BUDGET FUNDING SOURCE
Las Vegas,NV Date:October 1,2017 Approved design: $25 million Private donations,MGM
Lives Lost:58 Resorts donated land to
Injured:846(412 by gunfire)
Ibuild memorial
Incident:Shooting
Location Type:Public concert i� 1
Completion Date:In progress
Design aspects:
• A 58'tall Tower of Light will be highly visible
from anywhere along the southern Las Vegas
strip. _
• Located at the lowest elevation along the
journey,The Surround is a 1,fi00.square-foot
circular chamber that wnveys the concept of
infinite space through an expression of 22,000
points of light. f
Remembrance Ring is a solemn space allowing
visitors to pay their respects and honor the
N
memory of the victims.
October 3, 2023
31
CITY COUNCILS BRIEFINGS
5131 MEMORIAL PLANNING UPDATE
ITEM#74766
(Continued)
Memorial Funding Models
DESIGNLOCATION i SNAPSHOT
Aurora,CO Date:July 20,2012 - ati $100,000 Private donations
Lives Lost:13
Injured:70
Incident:Shooting
1
Location Type: Public/Bar
ate t
Completion D :2019
Blacksburg,VA(VA Tech) Date:April 16,2007 $30,000 Private da�anons
Lives Lost:32
Injured:1"
IncidenC Shooting
Location Type: University
Completion Date:2007
5/3] .1 L:Pd—
Memorial Funding Models
DESIGN
Littleton,CO(Columbine HS) Date:April 20,1999 _ $2.2 million Private donations
Lives L. 13
Injured:26
Incident:Shooting
Location Type: School ,
Completion Date:2007
October 3, 2023
32
CITY COUNCILS BRIEFINGS
5131 MEMORIAL PLANNING UPDATE
ITEM#74 76 6
(Continued)
Ms. Labows turned the presentation over to Mr. Morris to provide the Design Update:
Design Update
• Dills Architects and team have made significant
progress on refining the memorial design and recently
submitted 30%design deliverables to the City. These
documents further developed the schematic design
into construction documents for eventual bid.
M
These drawings included architectural, structural,
geotechnical investigation, civil and environmental,
updated site survey information, mechanical and
electrical engineering, water feature system design,
lighting design,arboricultural and landscape design.
Progressing toward refinement and 60% design ..
deliverables to the City.
5/31 Memorial Upc
Here is the Design and Construction Timeline:
Design and Construction Timeline
Gr<wnOaeakm9 Cpenx�vy OecMrxlhm Cnnrlxxry
;a3!M DESIGN DEVEL(PMENT, I I
PRESOE)M TTAI MEETINGS
2 MONT115
6GR'.CONSTPUCTIONIXN.LMENT9
2 MONTHS
9(Y1 CONSTPLKTIONI%) PNTS
2 MONTHS
PNAL CINISTMXTION Wx WENTS
2mONIHS
SITE PREPARATION AND TREE REMOVAL
2IAONTIIS
&IXJWG A AWARE '
3 MONTI IS i
CONSTRUCTION12 MONTHS
t ROf¢R Status Report Emu, Q--y Committee Meeting Tr -I 2/2N24 WISi28 p¢r DEC #
5/31 Memorial Update
October 3, 2023
33
CITY COUNCILS BRIEFINGS
5131 MEMORIAL PLANNING UPDATE
ITEM#74 766
(Continued)
Here are the Estimated Costs:
Estimated Costs
• Original Memorial Area:$6.21 million includes site preparation(tree and brush removal,demolition of
the northern parking lot area, site safety fencing, tree protection and erosion control measures),
control room building,pedestrian walkways,water feature,granite walls,and benches, landscaping,
water supply including underground vault, storm sewer relocation, electrical distribution and site
lighting.
• Construction Administration/Construction Contingency:It is a standard practice to have at minimum a
10%construction contingency available to cover any unforeseen conditions and fund any potential
change orders during construction.Construction Administration services will be needed by the design
team to oversee and provide needed coordination with the general contractor:$1,100,000
�+ k--�
Upd—
Optional ORIGINAL MEMORIAL AREA CONSTRUCTION ADMINISTRATION/
($6.21M) CONSTRUCTION CONTINGENCY
Modifications ($1,100,000)
Area #1: Includes addition of
pedestrian walkways, overlooks, ry
landscaping and site lighting
around existing pond:$878,743
Area #2: Parking area upgrades. F
I
Includes mill and overlay asphalt,
landscaping and site lighting:
$298,447 ,)
Lr
*Total construction budget
includes original memorial, -
construction administration and -
contingency,and optional OPTIONAL MODIFICATION#1 OPTIONAL MODIFICATION#2
modifications:$8.48M ($878,743) ($298,447)
5/31 Memorial update
October 3, 2023
34
CITY COUNCILS BRIEFINGS
5131 MEMORIAL PLANNING UPDATE
ITEM#74766
(Continued)
Here are items to consider based on dedication date:
Design and Construction Timeline
• If Council desires a May 2025 dedication:
• Funding for construction costs needed by November 2023 so that site work could begin
between February — April 2024 to accommodate federal environmental regulations and
construction could begin by Spring 2024
• If Council desires a May 2026 dedication, funding is needed in FY2025 Budget, with
construction beginning Winter2025
• Cost Estimates:
Original Memorial Area $6.21 M
Construction Contingency $1.10M
Optional Modification#1 $878,743
Optional Modification#2 $298,447
$8.48M
Mr. Morris turned the presentation over to Ms. Labows:
In-Kind Support & Monetary Donations
• In-kind support: During the
construction bid process, the
City could create a line or
series of lines on the bid
tabulation that would allow
(but not require)contractors to
provide in-kind donations as a
part of their bids.
ly�w
• Monetary donations: A fund wf
could be established through
the United Way to accept
donations from individuals and
corporations to help fund the
costs of the memorial.
5/31 Memorial Update
October 3, 2023
35
CITY COUNCILS BRIEFINGS
5131 MEMORIAL PLANNING UPDATE
ITEM#74766
(Continued)
Engagement Continues '
• Third-party Family and Survivor Liaison
• 5/31 Memorial Committee Quarterly
Meetings:
• Wednesday,December 6,2023 �`-
• Wednesday,March 6,2024 l�
• Wednesday,June 5,2024
Time:4:30—6:00 pm
Location:Economic Development Boardroom y
These meetings are open to the public and '
streamed on the City's website and Facebook
page.
i!M11".-1 U'd-
Council Discussion:
• Does City Council want staff to work with United Way to establish a
memorial fund to accept donations from the public?
• What is Council's desired timeline for dedication?
• Does Council want to proceed with original design plan or to include
optional modifications?
Upon consensus from the Body, Mayor Dyer directed City Manager Duhaney to add a funding request for
$2-Million in the Legislative Package and bring an Ordinance forward for the design plan and
modifications. Mayor Dyer further advised the Body wishes to have the dedication planned for May 31,
2025. Mayor Dyer expressed his appreciation to Ms. Labows and Mr. Morris for the presentation.
October 3, 2023
36
CITY COUNCIL LIAISON REPORTS
ITEM#74 76 7
4:04 P.M.
There were no City Council Liaison Reports.
October 3, 2023
37
CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS
ITEM#74768
4:05 P.M.
Council Member Wooten advised she had a meeting earlier today with the SonRise Music Festival
organizer who explained the Festival is cancelled for this year due to the main entertainer, Tauren Wells,
cancelling and the lack of available venues. Council Member Wooten advised she recommended the
organizer reschedule the Festival for next year and see if Mr. Wells can perform then. Council Member
Wooten advised the organizer will find out if Mr. Wells will come next year and explained the organizer
initially requested$50,000 but has now reduced the requested amount to $35,000, which is the obligated
amount the organizer is required to pay per their contract. Council Member Wooten asked the Body to
consider supporting the request for additional funding.
Vice Mayor Wilson asked if the$35,000 being requested for this year will also be needed next year?
Council Member Wooten advised her understanding is the entertainer for the Festival can be rescheduled
to a later date since it was due to unforeseen circumstances and the$35,000 due to be paid to Mr. Wells
this year will cover the rescheduled date of the Festival. Council Member Wooten advised even if Mr. Wells
does not reschedule, the$35,000 is still required to be paid.
Mayor Dyer asked the Body if there is a consensus to move forward with requested funding?
Council Member Berlucchi advised he supports the SonRise Music Festival but would like more information
on the feasibility for rescheduling and the logistics of the event. Council Member Berlucchi further advised
he wants the Body to be aware that$50,000 was previously given for this event and is substantially more
than what other community events are given.
Mayor Dyer asked Council Member Wooten to get the additional information and the Body can discuss at
the next City Council Meeting.
Council Member Wooten asked what additional information is needed?
Vice Mayor Wilson advised she will want to know if the entertainer is going to reschedule and the date.
Council Member Berlucchi advised there are a lot of other events the Body supports and is concerned if
the Body is going to assume the costs for this cancellation, then there will need to be a policy to provide
the same funding equitably to other organizers who face similar issues.
City Attorney Stiles reminded the Body that singers cannot be directly paid using City funds; however, it is
allowable to pay for other costs within the programmed event.
Vice Mayor Wilson advised she is working with the City Attorney's Office on a Resolution to create a
Festival Commission which will be able to review funding requests using information the Body does not
always have at the time they are asked to decide and will be able to base their recommendations on set and
equitable standards. Vice Mayor Wilson believes the Resolution will be ready soon.
October 3, 2023
38
CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS
ITEM#74 768
(Continued)
City Manager Duhaney advised the Body will have a presentation on October 17`h covering the return on
investment and the quality of life and operational impact details for previous events and festivals funded by
the City which will provide additional information and recommendations to consider.
Council Member Taylor advised when the Neptune Festival was cancelled last year due to inclement
weather, the Body was receptive to allowing the organizers to keep the funding allotted to them.
Council Member Wooten advised it is important to inform festival organizers specifics on how they can
improve even after the event is over and believes organizers could improve going forward with additional
information.
October 3, 2023
39
CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS
ITEM#74769
(Continued)
Council Member Wooten advised she attended the Homeless Task Force Meeting last Thursday and was
informed by Captain McBrien that homelessness is a 24-hour problem and while there is an outreach team,
their hours need to be extended. Council Member Wooten advised other concerns raised were the lack of
beds and an increase in opioid related deaths. Council Member Wooten suggested the Body discuss the
possibility of extending the hours for the outreach team as well as the hours for the Housing Resource
Center and increase funding for year-round sheltering.
Vice Mayor Wilson advised she and Mayor Dyer met with the Chair and Vice Chair of the School Board
who are working on a recovery program for the Schools. Vice Mayor Wilson asked City Manage Duhaney
to provide information on the funds the City received from the opioid settlement and if the funding can be
used to support other initiatives addressing opioid addiction and deaths.
October 3, 2023
40
CITY COUNCIL DISC USSIONANITIATIVES/COMMENTS
ITEM#74770
(Continued)
Council Member Wooten advised she is working with the Level Green and College Park communities to
reduce youth related crimes in their community and proposed a festival to be held at the Level Green Park
on October 28`h to engage the youth. Council Member Wooten advised she has sponsors supporting the
festival but cannot host this without the support of the Body and requested the required insurance and
permit fee be waived.
October 3, 2023
41
CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS
ITEM#74771
(Continued)
Council Member Ross-Hammond advised the Virginia African American Culture Center will have a festival
on October 14`h from 12:00-S:00 P.M., with a lot of activities and is free for the youth.
Council Member Ross-Hammond expressed her appreciation to Kit Chope from the Neptune Festival for
another wonderful festival.
Vice Mayor Wilson advised it was nice to see Sgt. Frank Filippone recognized on the Hometown Hero's
float along with a firefighter and teacher.
Council Member Berlucchi advised he spent the entire weekend at the Neptune Festival and was a great
event and expressed his appreciation to all of the Neptune Festival staff and organizers.
Council Member Henley advised she rode in the Fire Department's monster truck and had a great view of
the Atlantic Park project and expressed it is very impressive.
October 3, 2023
42
CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS
ITEM#74772
(Continued)
Vice Mayor Wilson advised she will host a District 5 Town Hall on October 12`h from 6:30—8:00 P.M., at
Corporate Landing Middle School.
October 3, 2023
43
AGENDA REVIEW SESSION
ITEM#74773
4:30 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCESIRESOL UTIONS
1. Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election re fill
vacancy for District 1
2. Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election refill the
vacancy in the Sheriff Office
3. Resolution to ESTABLISH partnership between Indigenous Tribes and the City (Requested by
Vice Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman,
and Taylor)
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a short-term Lease Agreement with
Lumos Telephone,LLC, re four(4)strands of dark fiber in the City 's Communications Network
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for
up to five (5)years at Virginia Beach Farmers Market, Suite 815 re Beach N
Sea food,LLC
6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for
up to five (5)years at Virginia Beach Farmers Market, Building 7, spaces 7& 8 re Creekmore 's
Place,LLC
7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for
up to five(5)years at Virginia Beach Farmers Market, Building 2, Space 11 re Kempsville Florist
& Gift Shop,Inc.
8. Ordinance AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property for
up to five(5)years at Virginia Beach Farmers Market, (a)Building 1, space 10 and(b) the Guard
House Building re Seasons Best Bakery,LLC
9. Resolution in SUPPORT of offering incentives to prospective offerors responding to the Naval Air
Station Oceana Request for Proposals for Competitive Out Grant
10. Ordinance to AUTHORIZE and CONVERT a part-time position to a full-time position in the
Opioid Abatement Program within the Department of Human Services
11. Ordinance to ACCEPT and APPROPRIATE $9,886,400 from the National Fish and Wildlife
Foundation to the FY 2023-24 Department of Public Works Operating Budget, and TRANSFER
as Pay-Go Funding to Capital Project #100551, "Stormwater Green Infrastructure," re
construction of marsh island terraces in Back Bay
October 3, 2023
44
AGENDA REVIEW SESSION
ITEM#74773
(Continued)
12. Ordinance to ACCEPT and APPROPRIATE$846,661 from the Federal Emergency Management
Agency(FEMA)to the FY2023-24 Fire Department Operating Budget re continued operations of
the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team
13. Ordinance to ACCEPT and APPROPRIATE$456,860 from Eastern Virginia Medical School to
the FY 2023-24 Parks and Recreation Operating Budget re support the Out of School Time
program
14. Ordinance to ACCEPT and APPROPRIATE $275,000 from the Virginia Marine Resources
Commission to the FY2023-24 Department of Public Works Operating Budget re the removal,and
disposal of eighteen (18) abandon and derelict vessels (AD Vs) and AUTHORIZE subrecipient
grant to the Vessel Disposal&Reuse Foundation
15. Ordinance to ACCEPT and APPROPRIATE$170,485.05 and an additional$4,409.70 from the
Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Department Operating
Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re flooding in
Vermont
16. Ordinance to ACCEPT and APPROPRIATE $35,412.83 and an additional $1,062.38 from the
Federal Emergency Management Agency(FEMA) to the FY 2023-24 Fire Department Operating
Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re Hawaii
Wildfires
17. Ordinance to ACCEPT and APPROPRIATE $27,500 from the Governor's Agriculture and
Forestry Industries Development Fund Infrastructure Grant Program and AUTHORIZE$27,500
from the General Fund Reserve for Contingencies to the Virginia Beach Development Authority
(VBDA) to provide the required local grant match re the installation of a new freezer and
additional irrigation equipment at Cullipher Farm
18. Ordinance to ACCEPT and APPROPRIATE $10,174 from the Virginia Beach Library
Foundation to the FY 2023-24 Public Library Operating Budget re purchase Wads for the
children's spaces at various library branches
19. Ordinance to ACCEPT and APPROPRIATE$9,595 from the Virginia State Police to the FY 2023-
24 Police Department Operating Budget re reimbursement of equipmentpurchased to investigate
or prevent auto theft as part of the Help Eliminate Auto Theft(HEAT)program
20. Ordinance to APPROPRIATE $43,231.90 from the sale of equipment to the FY 2023-24 Fire
Department Operating Budget for the Virginia Task Force 2 Team repurchase new vehicles
October 3, 2023
45
AGENDA REVIEW SESSION
ITEM#74773
(Continued)
21. Ordinance to APPROPRIATE $5,000 from fee revenue to the FY 2023-24 Commonwealth
Attorney Operating Budget repurchase supplies and support the operation of drug treatment
court
Council Member Henley distributed copies of a proposed Resolution, "Directing the City Manager and
City Attorney to conduct a study and recommend any necessary changes to the City Zoning Ordinance
relative to project density and sound attenuation on properties located partially in the Interfacility Traffic
Area or partially in noise zones of 65 dB DNL or greater"and advised she would like to have it added on
to the Agenda, attached hereto and made apart of the record.
After City Council discussion, Council Member Henley agreed to have the proposed Resolution considered
on October 17, 2023, in order to allow the Body more time to review.
K. ORDINANCESIRESOL UTIONS:
COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEM#1
October 3, 2023
REQUESTED BY COUNCILMEMBERS HENLEY, ROSS4- MMOND, ROUSE, TAYLOR,
AND WOOTEN
1 A RESOLUTION DIRECTING THE CITY MANAGER AND
2 CITY ATTORNEY TO CONDUCT A STUDY AND
3 RECOMMEND ANY NECESSARY CHANGES TO THE CITY
4 ZONING ORDINANCE RELATIVE TO PROJECT DENSITY
5 AND SOUND ATTENUATION ON PROPERTIES LOCATED
6 PARTIALLY IN THE INTERFACILTY TRAFFIC AREA OR
7 PARTIALLY IN NOISE ZONES OF 65 DB DNL OR
8 GREATER
9
10 WHEREAS, in 2005, in response to the BRAC Order and consistent with the JLUS
11 study, the City enacted a series of ordinances limiting and rolling back encroachment
12 around Naval Air Station Oceana (hereinafter collectively "the BRAC Response
13 Program") including several amendments to the City Zoning Ordinance (the "CZO")
14 pertaining to development in the AICUZ footprint; and
15 WHEREAS, the BRAC Response Program has been amended from time to time
16 to address issues not specifically contemplated at the time of initial adoption of the
17 program, and the BRAC Response Program specifically contemplates that the City
18 Manager and City Attorney will propose additional amendments to the ordinances
19 adopted as part of the program where a need to do so is recognized; and
20 WHEREAS, a significant element of the BRAC Response Program relates to
21 rolling back and preventing encroachment in the Interfacility Traffic Area ("ITA"), which is
22 the path of naval jet travel between NAS Oceana and Outlying Landing Field Fentress
23 and as part of that program the City has significantly limited the density within the ITA
24 through the adoption of Section 1806 in the CZO and has spent millions of dollars
25 acquiring thousands of acres of land in the ITA; and
26 WHEREAS, Section 1806 prevents the development of residential property within
27 the ITA at a density of greater than one single family home per 15 acres but does not
28 impose any limitation on the construction of residential dwellings immediately outside the
29 ITA in noise zones below 65 dB DNL, and
30 WHEREAS, Section 1806 and the CZO do not prohibit a zoning lot that includes
31 land partially within and partially outside the ITA or 65 dB DNL noise zone boundary from
32 being conditionally zoned in its entirety to a higher density so long as none of the
33 residential units will be built on the portion in the ITA or in a noise zone of 65 dB DNL or
34 greater,
35 WHEREAS, Section 200 of the CZO provides rules relating to the calculation of
36 density on a zoning lot but does not address density calculations for property partially
37 within the ITA; and
38 WHEREAS, with respect to workforce housing, Section 2103 of the CZO provides
39 that no property within a noise zone of 65-70 dB DNL or greater shall be included in an
40 Article 21 District eligible for increased density of residential development, but does not
41 address property partially within the ITA or partially within a noise zone of 65 dB DNL or
42 greater, and
43 WHEREAS, Section 1805 of the CZO requires sound attenuation measures in any
44 use located in Noise Zones of 65 dB DNL or greater but does not address uses partially
45 within such Noise Zones; and
46 WHEREAS, Appendix I Section 14 of the CZO encourages owners of property
47 located wholly or partially in a noise zone of 65 dB DNL or greater to provide the United
48 States Navy with an avigation easement prior to development of the property to include
49 a covenant not to bring legal action as a result of noise levels from military overflights,
50 and
51 WHEREAS, the City is committed to honoring its commitments to the Navy and
52 wishes to ensure that development just outside the ITA or applicable noise zone contours
53 does not violate the BRAC Response Program or interfere with the Navy's interests in
54 protecting and promoting its mission readiness.
55 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
56 OF VIRGINIA BEACH, VIRGINIA:
57 That the City Manager and City Attorney are directed to immediately convene a
58 study seeking input from relevant stakeholders, including the United States Navy and the
59 Department of Defense, the TA/ITA Committee and others, to determine whether
60 additional amendments to the CZO and the BRAC Response Program are necessary to
61 address the issues of density calculation and sound attenuation for zoning lots partially
62 located within the ITA or the 65 dB DNL or greater noise zone and to propose any such
63 necessary amendments for consideration by the Planning Commission and City Council.
64
65 Adopted by the City Council of the City of Virginia Beach,Virginia,on the day
66 of October, 2023.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorneys
CA16326
R10
October 3, 2023
46
ITEM#74774
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-371](A), Code of Virginia, as amended,for the following purpose:
PUBLICLY HELD PROPERTY. Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• District 8
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-
3 711(A)(7).
• Christian Ledford v. Bryan Gregory
• Jevon Smith v. Simpkiss, Marchione and Desana
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 2.2-3 711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees,Authorities,Agencies and Appointees
October 3, 2023
47
ITEM#74 774
(Continued)
Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council
voted to proceed into CLOSED SESSION at 4:51 P.M.
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
Break 4:51 P.M. — 5:00 P.M.
Closed Session 5:00 P.M. — 5:54 P.M.
October 3, 2023
48
FORMAL SESSION
VIRGINL4 BEACH CITY COUNCIL
OCTOBER 3,2023
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, October 3, 2023, at 6:00 P.M.
Council Members Present:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
INVOCATION. Pastor Jimmy Coates, Christ Community Church
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.
October 3, 2023
49
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.
October 3, 2023
50
VI.F
CERTIFICATION
ITEM#74775
Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council
CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,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
October 3, 2023
G1N�'..B c
z / 2
U- �
U,
i
o \ as
OF OUR MZOY
S
RESOL UTION
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#74774 on Page 47 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 RESOL VED:That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
Am da Barnes, MAC
City Clerk
October 3, 2023
51
ITEM— VI.G.I
MINUTES
ITEM#74776
Upon motion by Council Member Rouse, seconded by Council Member Schulman, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 19, 2023
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley, Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
52
ITEM— VI.G.2
MINUTES
ITEM#74777
Upon motion by Council Member Rouse, seconded by Council Member Schulman, City Council
APPROVED the MINUTES of the FORMAL SESSION of September 26,2023
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
53
ITEM— VI.H.1
MAYOR'S PRESENTATIONS
ITEM#74778
PROCLAMATION
ARTS&HUMANITIES MONTH
On behalf of Mayor Dyer, Council Member Berlucchi welcomed Dr. Cynthia Romero, Chair—Arts and
Humanities Commission, and read the Proclamation declaring the month of October as, "ARTS &
HUMANITIES MONTH"
Dr. Romero expressed her appreciation to City Council for their continued support and encouraged all
citizens to experience art, of any kind, this month.
October 3, 2023
Qk r
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OF OUR NATto.
�a�c��rn��ctt�a
Whereas The month of October is recognized as NationalArts csZ 9fumanities 91ionth by thousands of arts
and cultural organizations, communities, and states across the country,as well as by the White
7fouse and Congress since 1993;and
%Tiereas: The arts and humanities enhance and enrich the lives of every American through education,
recreation,andcreative work and 6y inspiring the imagination of humankind;and
'Whe►ea' The arts are accessi6fe to all;aril the arts and humanities are an essentiafcomponent of quality of
lifeforindividua&,families,communities,andournation;and
'Whereas: Tor many, the opportunity to create and share art in its many forms is as vital to health and
wellness as mygen,and Virginia Beach's vibrant arts community provides myriad opportunities
for creative egression for alX starting as children and continuing throughout the twilight years,•
and
U*9feas 2Fre nonprofit arts industry strengthens our nationafeconomy by generating$13 5 6illwn in total
economic activity annually, $2.2 60wn in government revenue,and by supporting the find time
equivalent of 4.1 million jobs;and
WL-Aeas: In Virginia Beach, the nonprofit arts and culture sectorgenerates$87.7 million in totareconomic
activity annually, delivering$7 millwn in focal and state government revenue,'and supporting
2,87SfuCl-time equivalent jobs,•and
U*ereas: The City of Virginia Beach established an Arts aZ 9fumanities Commission in 1979, and the
Commission has remained steadfast in promoting e.,ccedence in the arts and humanities by
initiating and supporting programs, activities and policies that inspire, nurture, and reflect the
culturaldiversity of the area;and
U*ereas: Countless residents and visitors experience the best of Virginia Beach thanks to our focal
nonprofit arts and humanities organizations,and the thousands of artists who share their talents
with the community,
Now,gherefnrt I,�Xq6ert M.(Dyer,Mayor of the City of Virginia Beach,do hereby procraim.•
Oct06er 2023
T-U eZ Y umanities - 4-Onth
In Virginia Beach., and I call on alI citizens to cerebrate and promote the arts and culture in'Virginia Beach
through participation andsupport of artists andour many arts and humanities organizations.
In'Witness U errof, I have hereunto set my hand and caused the Official Seaf of the City of'Virginia Beach,
Virginia, to be affi(,ed this Third(Day of October Two Thousanrdand7wenty-Three.
'S h
S
m
1jg6ert M. Bob6y"(Dyer
six w rylayor
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54
ITEM— VI.H.2
MAYOR'S PRESENTATIONS
ADD ON
ITEM#74779
RESOLUTION IN RECOGNITION
SERGEANT FRANK FILIPPONE
Mayor Dyer welcomed Sergeant Frank Filippone and read the Resolution honoring him for his outstanding
dedication in serving the City as a model law enforcement professional as well as his achievements as a
professional boxer.
Sergeant Filippone expressed his appreciation to City Council for this recognition adding he is humbled
and proud to serve the City.
October 3, 2023
04 Li
U � 5
OUR NPT0�
RHOLMON
WHEREAS:Native Virginian,Frankie Filippone,has been a Police Officer in Virginia since 2003,first in Newport News,
then in Virginia Beach where he's been since 2006,most recently serving as a Sergeant;and
WHEREAS: Sergeant Filippone started boxing in 2000 and after a successful amateur career, turned pro in 2008,
accomplishing a great deal in his tenure as both a professional boxer and a full-time police officer;and
WHEREAS: Training hard in the gym and making an impact on the streets,Sergeant Filippone has aspired to encourage
a positive public perception of law enforcement and build strong relationships with the community through boxing. His
boxing and law enforcement careers have always been about making an impact,changing hearts and minds, and building
meaningful relationships;and
WHEREAS: Throughout his career, Sergeant Filippone has fought for more than just championships. He has raised
money for breast cancer research and held fundraisers for a 3-year-old affected by cancer.He has spoken at several youth
leadership academies aimed to help at-risk youth and has volunteered his time to mentor those same at-risk youth;and
WHEREAS: Sergeant Filippone has consistently demonstrated outstanding dedication to our community through his
exemplary police work. His commitment to building trust,fostering positive relationships, and ensuring the safety and
well-being of our residents is a model to all who serve in the law enforcement profession;and
WHEREAS: Sergeant Filippone is highly respected within the Virginia Beach Police Department for his unwavering
professionalism,strong work ethic, and exemplary leadership skills.His dedication to upholding the highest standards of
law enforcement has set a commendable example for his colleagues. Sergeant Filippone's commitment to teamwork and
community policing make him a valuable and respected member of our force;and
WHEREAS: Sergeant Filippone has received several awards in recognition of his efforts in both policing and boxing
including Hampton Roads Top Cop, VBPD Officer of the Year, Champion for Children, Virginia Beach Hometown Hero,
and the Sweetest Soul of Boxing;and
WHEREAS:On this day, we honor a pillar of our community who deserves our deepest gratitude and respect for all that
he has accomplished and for his earnest efforts to serve our citizens;and
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to express its
appreciation to Sergeant Frank "the Freight Train" Filippone for his commitment and service to our City and our
Commonwealth.
Adopted by the Council of the City of Virginia Beach, Virginia the 3rd day of October 2023 and present this Resolution duly
signed by each Member of the Virginia Beach City Council.
Council Member Michael F�Berlucchi Council Member Barbara M.Henley
y
Council Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond Vouncil Member Jennifer Rouse
Council Member Joashua F "Joash"Schulman Council Me ber Chris Taylor ouncil Member Sabrina D. Wooten
ice'Mayor son Mayor Rober . "Bof"Dyer�7
SS
ITEM— VI.LI
PUBLIC HEARING
ITEM#74780
Mayor Dyer DECLARED a PUBLIC HEARING:
DECLARATION AND SALE OF EXCESS CITY PROPERTY
1,804 +/- square feet located at Ferry Point Road
There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING
October 3, 2023
56
ITEM— VI.L2
PUBLIC HEARING
ITEM#74 781
Mayor Dyer DECLARED a PUBLIC HEARING:
DECLARATION AND SALE OF EXCESS CITY PROPERTY
Development of the Dominion Energy Coastal Virginia Offshore Wind Project
The following registered to speak.-
Karen Forget, 3712 Holland Road, Phone: 472-0406, spoke in SUPPORT
Lori Acker, 2721 Springhaven Drive, Phone: 635-5249, spoke in SUPPORT
John Larson, Dominion Energy representative, spoke in SUPPORT
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
October 3, 2023
U' � City of �Tirginia Beach
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OF OUR NA'"o
vBgov M
PHONE:(757)422-0733
ROSEMARY WILSON
VICE MAYOR RCWiIsonC<ilvbaov.com
COUNCIL MEMBER-DISTRICT 5
October 3, 2023
In Reply Refer to 0084887
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, I make the following declarations:
1. I am executing this written disclosure regarding the City Council's consideration
of an ordinance declaring easements in excess of the City's needs and authorizing
the sale of the easements to Dominion Energy Virginia for an electric transmission
corridor for the Coastal Virginia Offshore Wind Project.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
3. I hereby disclose this interest, and I will abstain from the City Council's
consideration of this item.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
Rosemary A. ikon
Vice Mayor
RAW/RRI
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
57
ITEM— VI.J.1
FORMAL SESSION AGENDA
ITEM#74 782
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.
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Agenda Items Ordinances/Resolutions K. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18, 19, 20 and 21
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
58
ITEM— VI.K.l
ORDINANCESIRESOL UTIONS
ITEM#74 783
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED
BY CONSENT,Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election
refill vacancy for District I
Voting: 9-1
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, Chris Taylor, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Voting Nay:
Barbera M. Henley
Council Members Absent:
None
October 3, 2023
1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO
2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION
3 FOR THE OFFICE OF COUNCILMEMBER, DISTRICT 1
4
5 WHEREAS, Councilmember Holcomb has resigned his office effective
6 September 29, 2023, and this created a vacancy in District 1;
7
8 WHEREAS, Virginia law requires a local governing body to promptly petition the
10 circuit court to order a special election to fill a vacancy;
11 WHEREAS, after receipt of input from the Local Electoral Board, the City Council
12 is of the opinion that the voters of District 1 should fill the District 1 vacancy;
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That the City Council directs the City Attorney to file a Petition for a Writ of
18 Special Election in the Circuit Court for the purpose of filling the remaining term of the
19 Office of Councilmember, District 1, such term ending December 31, 2024, and
20 requests such special election to be held on January 9, 2024.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 3rd day
of October 2023.
APPROVED AS TO LEGAL SUFFICIENCY:
1V
rney's Office
CA16319
R-1
September 19, 2023
59
ITEM— VI.K.2
ORDINANCESIRESOL UTIONS
ITEM#74 784
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED
BY CONSENT,Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election
refill the vacancy in the Sheriff Office
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley, Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO
2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION
3 TO FILL THE VACANCY IN THE SHERIFF'S OFFICE
4
5 WHEREAS, Kenneth Stolle, Sheriff, was elected for a term that ends December
6 31, 2025;
7
8 WHEREAS, Sheriff Stolle has resigned effective September 29, 2023;
9
10 WHEREAS, Code of Virginia § 24.2-228.1 requires the governing body to petition
11 the circuit court for a Writ of Special Election to fill the remaining portion of the term of
12 office for an elected constitutional office when there is more than twelve months
13 remaining in the term of office; and
14
15 WHEREAS, the next general election available to fill the vacancy in the Office of
16 the Sheriff is November 5, 2023.
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA-
20
21 That the City Council directs the City Attorney to file a Petition for a Writ of
22 Special Election in the Circuit Court for the purpose of filling the vacancy in the office of
23 Sheriff for a term ending December 31, 2025, and requests such special election to be
24 held November 5, 2024.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 3rd day
of October , 2023.
APPROVED AS TO LEGAL SUFFICIENCY:
i
i y n s Office
CA16318
R-2
September 27, 2023
60
ITEM— VI.K.3
ORDINANCESIRESOL UTIONS
ITEM#74 785
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT,Resolution to ESTABLISH partnership between Indigenous Tribes and the City (Requested
by Vice Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, and
Taylor)
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI,
REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN AND TAYLOR
1 A RESOLUTION TO ESTABLISH PARTNERSHIPS
2 BETWEEN INDIGENOUS TRIBES AND THE CITY
3
4 WHEREAS, historic records show indigenous tribes were firmly established in
5 Virginia Beach long before the English arrived at what is today First Landing State Park;
6
7 WHEREAS, indigenous peoples inhabited two villages, Apasus and Chesepioc,
8 near the Chesapeake Bay in an area now located in the City of Virginia Beach;
9
10 WHEREAS, those indigenous peoples became known as the Chesapian or
11 Chesapeake Indians;
12
13 WHEREAS, over the four hundred plus years since the English first arrived at First
14 Landing, indigenous people have contributed greatly to the vitality of the City of Virginia
15 Beach, the Commonwealth of Virginia, and the nation, and continue to do so;
16
17 WHEREAS, the City Council desires for the City to partner with indigenous tribes
18 for the mutual benefit of tribal members and all residents of the City; and
19
20 WHEREAS, potential areas of partnership include cultural affairs, education,
21 history, environmental and sustainability initiatives, grant funding, housing, and economic
22 development;
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
25 OF VIRGINIA BEACH:
26
27 1. That the City Council desires to establish partnerships with indigenous
28 tribes including, but not limited to, the tribes recognized by the Commonwealth of Virginia.
29
30 2. That the City Council requests that the City Manager identify areas of
31 potential partnership and enlist the support of City departments and offices in furtherance
32 of this alliance, such as the departments or offices of Agriculture, Budget, Cultural Affairs,
33 Communications/Community Engagement, Convention and Visitors Bureau, Economic
34 Development, Emergency Management, Health, Housing, Human Resources, Human
35 Services, Parks and Recreation, Public Libraries, Public Utilities/Works), Virginia
36 Aquarium & Marine Science Center, and Volunteer Resources.
37
38 3. That the City Council requests that the City Manager create a process with
39 a goal of formally crafting a Land Acknowledgement for the City of Virginia Beach that
40 recognizes the consequential role indigenous people have played in the history of Virginia
41 Beach and the significant contribution indigenous people play in the Virginia Beach
42 community today.
43
44 Adopted by the City Council of the City of Virginia Beach, Virginia, this 3 r d day
45 of October , 2023.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offic
CA16288
R-4
September 27, 2023
61
ITEM— 117 K.4
ORDINANCES/RESOLUTIONS
ITEM#74786
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a short-term Lease Agreement
with Lumos Telephone,LLC, re four(4) strands of dark fiber in the City 's Communications Network
Voting: 10-0
Council Members Voting Aye:
Michael F Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO EXECUTE A LEASE
3 AGREEMENT WITH LUMOS TELEPHONE, LLC
4 FOR FOUR STRANDS OF DARK FIBER
5 LOCATED IN THE CITY'S COMMUNICATIONS
6 NETWORK
7
8 WHEREAS, the City of Virginia Beach ("City") owns a fiber optic network for the
9 purpose of providing communications capabilities to City government facilities ("City
10 Network");
11
12 WHEREAS, certain bundles of fiber optic cable installed as part of the City
13 Network are excess because they are not currently needed to meet the City's
14 communications needs ("Available Fiber");
15
16 WHEREAS, Lumos Telephone, LLC ("Lumos") is a fiber optic network service
17 provider that offers data, broadband, voice, and IP services in the mid-Atlantic region;
18
19 WHEREAS, Lumos desires to expand its communications capabilities in
20 Hampton Roads;
21
22 WHEREAS, in the interest of efficiency, Lumos finds that it is prudent and
23 economical to lease fiber optic cable, specifically, four strands of dark fiber, from the
24 City rather than to construct additional facilities of its own;
25
26 WHEREAS, the City believes that the interest of the public, including the City's
27 economic development goals, will be served by allowing Lumos to execute a short-term
28 lease for four strands of dark fiber, in accordance with the terms of a lease agreement;
29 and
30
31 WHEREAS, the proposed use of the City's Available Fiber by Lumos would not
32 interfere with the City's use of the City Network.
33
34 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
35 OF VIRGINIA BEACH, VIRGINIA:
36
37 That the City Manager is hereby authorized to execute a short-term lease
38 agreement between Lumos and the City, for a term of twelve months, with an option for
39 up to two additional six month extensions, upon mutual written agreement of the parties,
40 for four strands of dark fiber in the City Network, in accordance with the agreement and
41 such other terms, conditions and modifications as may be acceptable to the City
42 Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d
day of October , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
14&4, 6t)a&a� A,, It,,, C--,
Department of Information City Attorney's Office
Technology
CA16216
R-1
September 6, 2023
2
SUMMARY OF TERMS
Dark Fiber Lease Agreement Between the City of Virginia Beach and Lumos Telephone, LLC
LESSOR: City of Virginia Beach ("City")
LESSEE: Lumos Telephone, LLC("Lumos")
TERM: Twelve months("Initial Term")with the option to renew for up to two(2)six(6)
month renewal terms("Renewal Term(s)"), upon mutual written agreement of the
parties.
LEASE FEE: Lumos will pay the City$687,072 for the Initial Term;$343,536 per Renewal Term (if
applicable). Lumos to pay a one-time splicing fee of$11,675.55.
PROPOSED USE: Lumos will connect its network infrastructure in Chesapeake with its network
infrastructure in Virginia Beach
GRANT OF LEASE: Lease for exclusive use of 4 strands of dark fiber, lease for nonexclusive use of
each interconnection point,and lease for exclusive use of interconnection fibers
connecting the leased fibers and each interconnection point.
OWNERSHIP: All components of network remain property of the City. Fiber is leased only as
dark fiber. City not required to provide additional goods or services.
NO EXCLUSIVITY: Nothing in lease limits City's right to use or lease to others permission to use
any component of the City Network(other than specific fibers and
interconnection points leased to Lumos).
ACCESS TO CITY
FACILITIES: City is not required to constructor install any facilities for Lumos. All work on
City network(constructing, lashing and slicing) is to be performed by City. City
has right to relocate City network. Lumos must obtain all require permits,
approvals,consents and authorizations. Lumos required to construct any
infrastructure required to connect to City network.
TERMINATION: City can terminate for cause,with notice and cure period. City can also
terminate for convenience,with written notice at least 60 days prior to
termination date.
LIABILITY: Lumos required to indemnify and hold City harmless. Neither party is liable to
other party for indirect,consequential,special, incidental or punitive damages,
or lost profits.
INSURANCE: Lumos must provide City with certificates of insurance prior to commencing
work. Required insurance includes Worker's Compensation,Commercial
General Liability,Automotive Liability,and Professional Liability Insurance.
62
ITEM— VI.K.S
ORDINANCES/RESOLUTIONS
ITEM#74 78 7
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned
Property for up to five(5)years at Virginia Beach Farmers Market, Suite 815 re Beach NSeafood,LLC
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR UP TO 5
3 YEARS WITH BEACH N SEAFOOD, LLC FOR CITY-
4 OWNED PROPERTY KNOWN AS SUITE 815 IN
5 THE VIRGINIA BEACH FARMERS MARKET
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of
8 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach,
9 Virginia (the "Farmers Market");
10
11 WHEREAS, the City issued a Request for Proposals for Suite 815 at the Virginia
12 Beach Farmers Market, which consists of approximately 720 sq. ft. of space (the
13 "Premises") and received one submittal from Beach N Seafood, LLC, a Virginia limited
14 liability company ("Beach N Seafood");
15
16 WHEREAS, Beach N Seafood has leased the Premises since 2017 and desires
17 to enter into a new lease with the City;
18
19 WHEREAS, the Premises will be utilized for the sale of various fresh seafood
20 products with an emphasis on fresh locally caught fish, and for no other purpose; and
21
22 WHEREAS, Beach N Seafood has agreed to pay the City rent in the amount of
23 $3,828.00 annually ($319.00 per month) for the first year of the term, with a five percent
24 (5%) annual rent escalation for each year thereafter.
25
26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28
29 That the City Manager is hereby authorized to execute a lease for up to 5 years
30 between Beach N Seafood, LLC and the City for the Premises, in accordance with the
31 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such
32 other terms, conditions or modifications as may be acceptable to the City Manager and
33 in a form deemed satisfactory by the City Attorney.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
36 October , 2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
0
Vvy �ublic Work / Real Estate
CA16045
\\vbgov.com\dfs 1\appl ications\citylaw\cycom32\wpdocs\d030\p039\00849156.doc
R-1
September 7, 2023
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach (the "City")
LESSEE: Beach N Seafood, LLC, a Virginia limited liability company
PREMISES: Suite 815, consisting of 720+/- square feet
TERM: July 1, 2023 through June 30, 2026, with two (2) additional
one-year renewal options
RENT: Initial rent of$3,828.00 annually ($319.00 per month) for the first
year of the Term, with five percent (5%) annual escalation for
each year thereafter
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for the sale of various fresh seafood products with an emphasis
on fresh locally caught fish, and for no other purpose.
• Maintain in good condition and repair the electrical systems serving the
Premises, including existing outlets and installation of additional outlets.
• Maintain the Premises in good condition and repair, clean and sanitary, free of
dirt, dust, grime, grease, trash, refuse and vermin.
• Payment of all assessed fees and taxes.
• Purchase and maintain commercial general liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain and repair air conditioning, ventilation and heating systems, plumbing
and other building systems that service the Premises, except electrical system.
• Maintain common areas of the Farmers Market and maintain and/or replace the
structural elements of the Premises, including exterior walls, roofs, floors and
foundation.
TERMINATION:
• City has special right to terminate if necessary for a public purpose by giving
one hundred eighty (180) days' advance written notice to the Lessee, upon
action by City Council. The Lessee has the right to terminate for any reason by
giving ninety (90) days' advance written notice to the City.
LOCATION MAP
�8 Rural F
Bldg.
S
,Coer ��� Open 't"
ol Grtrr
23 26 23 p 36 37
20 1! 1t 17 is tt • ,T t
a� III Ifll 1312 1140II• lil• S
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DAM NECK ROAD
3640 Dam Neck Road, Suite 815
Virginia Beach, VA
720 sq.ft. Retail Space
63
ITEM— VI.K.6
ORDINANCESIRESOL UTIONS
ITEM#74 788
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned
Property for up to five (5) years at Virginia Beach Farmers Market, Building 7, spaces 7 & 8 re
Creekmore's Place,LLC
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR UP TO 5
3 YEARS WITH CREEKMORE'S PLACE, LLC FOR
4 CITY-OWNED PROPERTY KNOWN AS BUILDING
5 7, SPACES 7 & 8 IN THE VIRGINIA BEACH
6 FARMERS MARKET
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of
9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach,
10 Virginia (the "Farmers Market");
11
12 WHEREAS, the City issued a Request for Proposals for Spaces 7 & 8 in Building
13 7 at the Virginia Beach Farmers Market, which consists of approximately 980 sq. ft. of
14 space (the "Premises") and received one submittal from Creekmore's Place, LLC, a
15 Virginia limited liability company ("Creekmore");
16
17 WHEREAS, Creekmore has leased the Premises for over 20 years and desires
18 to enter into a new lease with the City;
19
20 WHEREAS, the Premises will be utilized for the sale of produce and related
21 items, and for no other purpose; and
22
23 WHEREAS, Creekmore has agreed to pay the City rent in the amount of
24 $10,611.84 annually ($884.32 per month) for the first year of the term, with a five
25 percent (5%) annual rent escalation for each year thereafter.
26
27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby authorized to execute a lease for up to 5 years
31 between Creekmore's Place, LLC and the City for the Premises, in accordance with the
32 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such
33 other terms, conditions or modifications as may be acceptable to the City Manager and
34 in a form deemed satisfactory by the City Attorney.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
37 October , 2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
i torney bl c Work / eal Estate
CA1 825
\\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d030\p039\00849156.doc
R-1
September 7, 2023
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach (the "City")
LESSEE: Creekmore's Place, LLC, a Virginia limited liability company
PREMISES: Building 7, Spaces 7 & 8, consisting of 980+/- square feet
TERM: July 1, 2023 through June 30, 2026, with two (2) additional
one-year renewal options
RENT: Initial rent of$10,611.84 annually ($884.32 per month) for the first
year of the Term, with five percent (5%) annual escalation for
each year thereafter
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for the sale of produce and related items; and for no other
purpose.
• Maintain in good condition and repair the electrical systems serving the
Premises, including existing outlets and installation of additional outlets.
• Maintain the Premises in good condition and repair, clean and sanitary, free of
dirt, dust, grime, grease, trash, refuse and vermin.
• Payment of all assessed fees and taxes.
• Purchase and maintain commercial general liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain and repair air conditioning, ventilation and heating systems, plumbing
and other building systems that service the Premises, except electrical system.
• Maintain common areas of the Farmers Market and maintain and/or replace the
structural elements of the Premises, including exterior walls, roofs, floors and
foundation.
TERMINATION:
• City has special right to terminate if necessary for a public purpose by giving
one hundred eighty (180) days' advance written notice to the Lessee, upon
action by City Council. The Lessee has the right to terminate for any reason by
giving ninety (90) days' advance written notice to the City.
LOCATION MAP
Bldg.8
26 27
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b »I»I171u I u11712�11�10I 9I a f,7l 61314
26-
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10 11 12 17 U 13 10
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I1 �J
DAM NECK RD
3640 Dam Neck Road, Bldg. 7 Spaces 7 & 8
Virginia Beach, VA
980 sq.ft. Retail Space
64
ITEM— VI.K.7
ORDINANCESIRESOL UTIONS
ITEM#74 789
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned
Property for up to five (5)years at Virginia Beach Farmers Market, Building 2, Space 11 re Kempsville
Florist& Gift Shop,Inc.
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR UP TO 5
3 YEARS WITH KEMPSVILLE FLORIST & GIFT
4 SHOP, INC. FOR CITY-OWNED PROPERTY
5 KNOWN AS BUILDING 2, SPACE 11 IN THE
6 VIRGINIA BEACH FARMERS MARKET
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of
9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach,
10 Virginia (the "Farmers Market"),
11
12 WHEREAS, the City issued a Request for Proposals for Space 11 in Building 2 at
13 the Virginia Beach Farmers Market, which consists of approximately 960 sq. ft. of space
14 (the "Premises") and received one submittal from Kempsville Florist & Gift Shop, Inc., a
15 Virginia corporation ("Kempsville Florist");
16
17 WHEREAS, Kempsville Florist has leased the Premises since 2010 and desires
18 to enter into a new lease with the City;
19
20 WHEREAS, the Premises will be utilized for the sale of fresh flowers, indoor and
21 outdoor plants, unique handmade glass ornaments and related items, and for no other
22 purpose; and
23
24 WHEREAS, Kempsville Florist has agreed to pay the City rent in the amount of
25 $14,824.44 annually ($1,235.37 per month) for the first year of the term, with a five
26 percent (5%) annual rent escalation for each year thereafter.
27
28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30
31 That the City Manager is hereby authorized to execute a lease for up to 5 years
32 between Kempsville Florist & Gift Shop, Inc. and the City for the Premises, in
33 accordance with the Summary of Terms, attached hereto as Exhibit A and made a part
34 hereof, and such other terms, conditions or modifications as may be acceptable to the
35 City Manager and in a form deemed satisfactory by the City Attorney.
36
37 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
38 October 2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
34AOII�_
i t n Tul3lic' WorkA / Real Estate
CA1605
\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d030\p039\00849156.doc
R-1
September 7, 2023
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach (the "City")
LESSEE: Kempsville Florist & Gift Shop, Inc., a Virginia corporation
PREMISES: Building 2, Space 11 , consisting of 960+/- square feet
TERM: July 1, 2023 through June 30, 2026, with two (2) additional
one-year renewal options
RENT: Initial rent of$14,824.44 annually ($1,235.37 per month) for the
first year of the Term, with five percent (5%) annual escalation for
each year thereafter
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for the sale of fresh flowers, indoor and outdoor plants, unique
handmade glass ornaments and related items, and for no other purpose.
• Maintain in good condition and repair the electrical systems serving the
Premises, including existing outlets and installation of additional outlets.
• Maintain the Premises in good condition and repair, clean and sanitary, free of
dirt, dust, grime, grease, trash, refuse and vermin.
• Payment of all assessed fees and taxes.
• Purchase and maintain commercial general liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain and repair air conditioning, ventilation and heating systems, plumbing
and other building systems that service the Premises, except electrical system.
• Maintain common areas of the Farmers Market and maintain and/or replace the
structural elements of the Premises, including exterior walls, roofs, floors and
foundation.
TERMINATION:
• City has special right to terminate if necessary for a public purpose by giving
one hundred eighty (180) days' advance written notice to the Lessee, upon
action by City Council. The Lessee has the right to terminate for any reason by
giving ninety (90) days' advance written notice to the City.
LOCATION MAP
Bldg.8
—&dw—no —C-W-L
16 27
23 24 25 36 37.............
n IsIII a IT It 5 14i13 11 is e 6 114
5 4 3 2 1
Bldg.4
w w Nw
9 is 11 12 13 U 15 to 17
't. Restaw
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N—
DAM NECK RD
3640 Dam Neck Road, Bldg. 2 Space 11
Virginia Beach, VA
960 sq.ft. Retail Space
65
ITEM— VI.K.8
ORDINANCESIRESOL UTIONS
ITEM#74790
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned Property
for up to five (5)years at Virginia Beach Farmers Market, (a) Building 1, space 10 and (b) the Guard
House Building re Seasons Best Bakery,LLC
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR UP TO 5
3 YEARS WITH SEASONS BEST BAKERY, LLC FOR
4 CITY-OWNED PROPERTY KNOWN AS (A)
5 BUILDING 1, SPACE 10 AND (B) THE GUARD
6 HOUSE BUILDING IN THE VIRGINIA BEACH
7 FARMERS MARKET
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of
10 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach,
11 Virginia (the "Farmers Market");
12
13 WHEREAS, the City issued a Request for Proposals for (a) Space 10 in Building
14 1 , consisting of approximately 939 sq. ft. and (b) the Guard House Building, consisting
15 of approximately 100 sq. ft., at the Virginia Beach Farmers Market (collectively, the
16 "Premises") and received one submittal from Seasons Best Bakery, LLC, a Virginia
17 limited liability company ("Seasons Best");
18
19 WHEREAS, Seasons Best has leased the Premises since 2012 and desires to
20 enter into a new lease with the City;
21
22 WHEREAS, the Premises will be utilized for the sale of candy, bread, pies,
23 desserts, soups, stews, cooked vegetables, and related items, and for no other
24 purpose; and
25
26 WHEREAS, Seasons Best has agreed to pay the City rent in the amount of
27 $15,199.32 annually ($1,266.61 per month) for the first year of the term, with a five
28 percent (5%) annual rent escalation for each year thereafter.
29
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
31 OF VIRGINIA BEACH, VIRGINIA:
32
33 That the City Manager is hereby authorized to execute a lease for up to 5 years
34 between Seasons Best Bakery, LLC and the City for the Premises, in accordance with
35 the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such
36 other terms, conditions or modifications as may be acceptable to the City Manager and
37 in a form deemed satisfactory by the City Attorney.
38
39 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
40 October 2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SU FICIENCY AND FORM b �Jj
AA
or y P bM Work / Real Estate
CA16048
\\vbgov_com\dfs 1\applications\citylaw\cycom32\wpdocs\d030\p039\00849156.doc
R-1
September 6, 2023
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach (the "City")
LESSEE: Seasons Best Bakery, LLC, a Virginia limited liability company
PREMISES: a) Building 1, Space 10, consisting of 939+/- square feet, and
b) the Guard House Building, consisting of 100+/- square feet
TERM: July 1, 2023 through June 30, 2026, with two (2) additional
one-year renewal options
RENT: Initial rent of $15,199.32 annually ($1 ,266.61 per month) for the first
year of the Term, with five percent (5%) annual escalation for each
year thereafter
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for the sale of candy, bread, pies, desserts, soups, stews, cooked
vegetables, and related items, and for no other purpose.
• Maintain in good condition and repair the electrical systems serving the Premises,
including existing outlets and installation of additional outlets.
• Maintain the Premises in good condition and repair, clean and sanitary, free of dirt,
dust, grime, grease, trash, refuse and vermin.
• Payment of all assessed fees and taxes.
• Purchase and maintain commercial general liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain and repair air conditioning, ventilation and heating systems, plumbing and
other building systems that service the Premises, except electrical system.
• Maintain common areas of the Farmers Market and maintain and/or replace the
structural elements of the Premises, including exterior walls, roofs, floors and
foundation.
TERMINATION:
• City has special right to terminate if necessary for a public purpose by giving one
hundred eighty (180) days' advance written notice to the Lessee, upon action by City
Council. The Lessee has the right to terminate for any reason by giving ninety (90)
days' advance written notice to the City.
LOCATION MAP
/ Bldg.8 _ Rurtk
}26 27
Ilk
20 19 Is iTlii'. 3 u�1312AD I 1il uspaw� I• g7
1
61
5 4mw
AP PM=5.,12
, sass.t ,
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1
Bldg.4
/
!9 10 11 12 13 14 15 18 17
`Restau
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DAM NECK RD
+�► 319
jr: )
66
ITEM— VI.K.9
ORDINANCES/RESOLUTIONS
ITEM#74 791
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT,Resolution in SUPPORT of offering incentives to prospective offerors responding to the Naval
Air Station Oceana Request for Proposals for Competitive Out Grant
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Jloash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 A RESOLUTION IN SUPPORT OF OFFERING INCENTIVES
2 TO PROSPECTIVE OFFERORS RESPONDING TO THE
3 NAVAL AIR STATION OCEANA REQUEST FOR
4 PROPOSALS FOR COMPETITIVE OUT GRANT
5
6 WHEREAS, the City of Virginia Beach (the "City") has a long and proud
7 relationship with Naval Air Station (NAS) Oceana ("Oceana") dating back decades;
8
9 WHEREAS, the United States Navy(the "Navy') has been exploring the possibility
10 of renovating, redeveloping or otherwise re-utilizing certain parcels currently on Oceana
11 as a part of the Navy's Future Base Design program;
12
13 WHEREAS, on August 1, 2023, the Navy posted a Request for Proposals ("RFP")
14 for competitive out grant of 113 acres of land at Oceana;
15
16 WHEREAS, while previous discussions regarding Future Base Design included
17 the possibility of the City of Virginia Beach Development Authority (the "VBDA") serving
18 as a master developer with subleases to end users, the RFP provides, "The Government
19 will not consider offers that are designed to sublease the Property" (emphasis original);
20
21 WHEREAS, having acknowledged the RFP does not allow the VBDA to provide
22 the role of master developer, the City believes that it could partner with offerors
23 responding to the RFP with the goal of encouraging compatible development and
24 strengthening the City's support of the military;
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28
29 1. That the City Council wishes it to be known to potential offerors that the City
30 is prepared to assist In the development of the 113 acres of land subject to the RFP. To
31 that end, the City will consider all reasonable ways to support the prevailing offeror,
32 including offering its support as follows:
33
34 i. Cost participation for necessary roadway, utility, stormwater, and
35 other infrastructure Improvements;
36 ii. Support agreement with the VBDA to use "but-for" taxes generated
37 by the project to provide performance grants that offset the Navy's
38 request for in-kind services such as snow removal and road
39 maintenance at Oceana;
40 iii. City support for application to any local, state, or federal funding
41 assistance programs, including without limitation, the City's EDIP,
42 the Commonwealth Opportunity Fund, and various federal programs
43 designed to support and enhance defense-related development;
44 iv. Fast-tracking of permitting process for site development and
45 construction permits, as applicable.
46
47 2. That the City Council authorizes the City Manager or his designee to meet
48 with prospective offerors to discuss any of the above support approaches.
49
50 3. That prior to the execution of any binding agreements involving the City or
51 VBDA, the City Manager present his recommendation to City Council for formal action.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 3 r d day
of October , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Economic Development City Attorneys Office
CA16313
R-1
September 13,2023
2
67
ITEM— VI.K.10
ORDINANCESIRESOL UTIONS
ITEM#74 792
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to AUTHORIZE and CONVERT a part-time position to a full-time position in the
Opioid Abatement Program within the Department of Human Services
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO AUTHORIZE THE CONVERSION
2 OF A PART-TIME POSITION TO A FULL-TIME
3 POSITION IN THE OPIOID ABATEMENT PROGRAM
4 WITHIN THE DEPARTMENT OF HUMAN SERVICES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 A 0.75 part-time FTE within the Department of Human Services is hereby
10 converted to 1 .0 full-time FTE to support the Opioid Abatement Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day
of October , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Qgj-;�
B dget and Management Services City ttorney's Office
CA16323
R-1
September 20, 2023
68
ITEM— VI.K.II
ORDINANCES/RESOLUTIONS
ITEM#74 793
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$9,886,400 from the National Fish and Wildlife
Foundation to the FY 2023-24 Department of Public Works Operating Budget, and TRANSFER as Pay-
Go Funding to Capital Project #100551, "Stormwater Green Infrastructure," re construction of marsh
island terraces in Back Bay
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley, Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $9,886,400
2 FROM THE NATIONAL FISH AND WILDLIFE FOUNDATION FOR
3 MARSH ISLAND TERRACES IN BACK BAY
4
5 WHEREAS, the City has been awarded funding from the National Fish and Wildlife
6 Foundation's National Coastline Resilience Fund for construction of the marsh island
7 restoration through terracing project in Back Bay; and
8
9 WHEREAS, funding for the local contribution is already appropriated in Capital
10 Project #100551, "Stormwater Green Infrastructure";
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA, THAT:
14
15 1) $9,886,400 is hereby accepted from the National Fish and Wildlife Foundation and
16 appropriated, with miscellaneous revenues increased accordingly, to the FY 2023-
17 24 Operating Budget of the Department of Public Works, and transferred as pay-go
18 funding to Capital Project #100551, "Stormwater Green Infrastructure," for the
19 construction of marsh island terraces in Back Bay.
20
21 2) The City Manager or his designee is hereby authorized to enter into any necessary
22 agreements associated with project development for Project #100551 consistent
23 with the grant award.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day
of October 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:
V
udget and Management Services orney's Office
CA16315
R-1
September 14, 2023
69
ITEM— VI.K.12
ORDINANCESIRESOL UTIONS
ITEM#74 794
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $846,661 from the Federal Emergency
Management Agency (FEMA) to the FY 2023-24 Fire Department Operating Budget re continued
operations of the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY FOR THE CONTINUED
4 OPERATION OF THE VIRGINIA TASK FORCE 2
5 URBAN SEARCH AND RESCUE TEAM
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 $846,661 is hereby accepted from the Federal Emergency Management: Agency
11 and appropriated, with federal revenue increased accordingly, to the FY 2023-24
12 Operating Budget of the Virginia Beach Fire Department for the continued operation of
13 the Virginia Task Force 2 Urban Search and Rescue Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day
of October 2023.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
oe;"�
udget and Management Services orney' ffice
CA16309
R-1
September 13, 2023
70
ITEM— VI.K13
ORDINANCESIRESOL UTIONS
ITEM#74 795
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$456,860from Eastern Virginia Medical School
to the FY 2023-24 Parks and Recreation Operating Budget re support the Out of School Time program
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $456,860 TO THE DEPARTMENT OF PARKS AND
3 RECREATION FOR THE OUT OF SCHOOL TIME
4 PROGRAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $456,860 is hereby accepted from Eastern Virginia Medical School and
10 appropriated, with revenue increased accordingly, to the FY 2023-24 Operating Budget
11 of the Department of Parks and Recreation to support the Out of School Time program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day
of October , 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 i ttorney's Office
CA16316
R-1
September 19, 2023
71
ITEM— VI.K.14
ORDINANCESIRESOL UTIONS
ITEM#74796
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$275,000 from the Virginia Marine Resources
Commission to the FY2023-24 Department of Public Works Operating Budget re the removal and disposal
of eighteen (18)abandon and derelict vessels(ADVs)and AUTHORIZE su b recipien t gran t to the Vessel
Disposal& Reuse Foundation
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDING
2 FROM THE VIRGINIA MARINE RESOURCES COMMISSION
3 ABANDONED OR DERELICT VESSEL PROGRAM AND TO
4 AUTHORIZE A SUBRECIPIENT GRANT TO THE VESSEL
5 DISPOSAL AND REUSE FOUNDATION
6
7 WHEREAS, the Virginia Marine Resources Commission established the Abandoned
8 and Derelict Vessel (ADV) program to provide grants to local governments for the removal of
9 abandoned and derelict vessels from the public tidal waters;
10
11 WHEREAS, the City applied for and was awarded $275,000 for the administration,
12 removal, and disposal of 18 ADVs; and
13
14 WHEREAS, the City advertised a Notice of Funding Availability (NOFA) to accept
15 proposals to provide services related to the safe removal of ADVs and received one
16 response to the NOFA;
17
18 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA THAT:
20 1) $275,000 is hereby accepted from the Virginia Marine Resources Commission and
21 appropriated, with miscellaneous revenues increased accordingly, to the FY 2023-
22 24 Operating Budget of the Department of Public Works.
23
24 2) A subrecipient grant is hereby authorized in the amount of$275,000 to the Vessel
25 Disposal and Reuse Foundation. The provision of the subrecipient grant shall be
26 pursuant to a grant agreement providing for the orderly removal of ADVs and
27 accounting for grant funds.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day
of October , 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:
Budget and Management Services City Affb e'y's-Office
CA16322
R-1
September 20, 2023
72
ITEM— VI.K.15
ORDINANCESMESOL UTIONS
ITEM#74797
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$170,485.05 and an additional$4,409.70 from
the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Department Operating
Budget for expenses related to the mobilization of Virginia Task Force 2(VA-TF2)re flooding in Vermont
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY FOR THE MOBILIZATION
4 OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH
5 AND RESCUE TEAM FOR FLOODING IN VERMONT
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1) $170,485.05 is hereby accepted from the Federal Emergency Management
11 Agency (FEMA) and appropriated, with federal revenue increased accordingly,
12 to the FY 2023-24 Operating Budget of the Fire Department for the mobilization
13 for flooding in Vermont.
14
15 2) $4,409.70 is hereby accepted from FEMA and appropriated, with federal
16 revenue increased accordingly, to the FY 2023-24 Operating Budget of the
17 Virginia Beach Fire Department for the administration of Virginia Task Force 2.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day
of October 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 rn�y's Office
CA16311
R-1
September 19, 2023
73
ITEM— 11I.K.16
ORDINANCESIRESOL UTIONS
ITEM#74798
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to ACCEPT and APPROPRLITE $35,412.83 and an additional $1,062.38 from
the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Department Operating
Budget for expenses related to the mobilization of Virginia Task Force 2(VA-TF2)re Hawaii Wildfires
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY FOR THE MOBILIZATION
4 OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH
5 AND RESCUE TEAM FOR THE HAWAII WILDFIRES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT.-
9
10 1) $35,412.83 is hereby accepted from the Federal Emergency Management
11 Agency (FEMA) and appropriated, with federal revenue increased accordingly,
12 to the FY 2023-24 Operating Budget of the Fire Department.
13
14 2) $1 ,062.38 is hereby accepted from FEMA and appropriated, with federal
15 revenue increased accordingly, to the FY 2023-24 Operating Budget of the Fire
16 Department, for the administration of Virginia Task Force 2.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day
of October 2023.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
r
1
i
udget and Management Services C' or ey's Office
CA16310
R-1
September 19, 2023
74
ITEM— V1K17
ORDINANCES/RESOL UTIONS
ITEM#74 799
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$27,500 from the Governor's Agriculture and
Forestry Industries Development Fund Infrastructure Grant Program and A UTHORIZE$27,500 from the
General Fund Reserve for Contingencies to the Virginia Beach Development Authority(VBDA)to provide
the required local grant match re the installation of a new freezer and additional irrigation equipment at
Cullipher Farm
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FROM THE GOVERNOR'S AGRICULTURE AND
3 FORESTRY INDUSTRIES DEVELOPMENT FUND
4 INFRASTRUCTURE GRANT PROGRAM AND TO
5 AUTHORIZE A LOCAL GRANT MATCH
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1 . $27,500 from the Governor's Agriculture and Forestry Industries
11 Development Fund Infrastructure Grant Program is hereby accepted and appropriated,
12 with state revenue increased accordingly, to the City of Virginia Beach Development
13 Authority (VBDA) for the VBDA to administer a grant for the installation of a new freezer
14 and additional irrigation equipment at Cullipher Farm.
15
16 2. $27,500 from the General Fund Reserve for Contingencies is hereby
17 provided to the VBDA to allow the VBDA to provide the required grant match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
October 2023.
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Zn. A A���
I .- ___ - J ----------
udget an anagement Services Cf Attorney's Office
CA16314
R-2
September 26, 2023
75
ITEM— VI.K18
ORDINANCES/RESOLUTIONS
ITEM#74800
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE $10,174 from the Virginia Beach Library
Foundation to the FY 2023-24 Public Library Operating Budget re purchase Mads for the children's
spaces at various library branches
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $10,174 FROM THE VIRGINIA BEACH LIBRARY
3 FOUNDATION TO THE DEPARTMENT OF PUBLIC
4 LIBRARIES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $10,174 is hereby accepted from the Virginia Beach Library Foundation and
10 appropriated, with revenues increased accordingly, to the Operating Budget of the
11 Department of Public Libraries to purchase iPads for the children's spaces at various
12 library branches.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day
of October , 2023.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J
Budget and Management Services Cit ttorney's Office
CA16321
R-1
September 20, 2023
76
ITEM— VI.K.19
ORDINANCESIRESOL UTIONS
ITEM#74801
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE$91595 from the Virginia State Police to the FY
2023-24 Police Department Operating Budget re reimbursement of equipment purchased to investigate
or prevent auto theft as part of the Help Eliminate Auto Theft(HEAT)program
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FROM THE VIRGINIA STATE POLICE TO
3 ADDRESS AUTO THEFT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $9,595 is hereby accepted from the Virginia State Police and appropriated, with
9 state revenue increased accordingly, to the FY 2023-24 Police Department Operating
10 Budget for the reimbursement of equipment purchased to investigate auto theft or to
11 prevent auto theft as part of the Help Eliminate Auto Theft (HEAT) program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
October , 2023.
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
B dget and Management Services it or ey's Office
CA16308
R-1
September 13, 2023
77
ITEM— VI.K.20
ORDINANCES/RESOL UTIONS
ITEM#74802
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to APPROPRIATE$43,231.90 from the sale of equipment to the FY2023-24 Fire
Department Operating Budget for the Virginia Task Force 2 Team repurchase new vehicles
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley, Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO APPROPRIATE $43,231.90
2 FROM THE SALE OF EQUIPMENT TO THE FIRE
3 DEPARTMENT FOR THE VIRGINIA TASK FORCE 2
4 TEAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $43,231.90 from the sale of equipment is hereby appropriated, with revenue
10 increased accordingly, to the FY 2023-24 Operating Budget of the Fire Department for
11 the Virginia Task Force 2 Team to be used to purchase new vehicles.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day
of October 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 ttorney s Office
CA16320
R-1
September 20, 2023
78
ITEM— VI.K21
ORDINANCESIRESOL UTIONS
ITEM#74803
Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council ADOPTED BY
CONSENT, Ordinance to APPROPRIATE $5,000 from fee revenue to the FY 2023-24 Commonwealth
Attorney Operating Budget repurchase supplies and support the operation of drug treatment court
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
1 AN ORDINANCE TO APPROPRIATE REVENUE FOR THE
2 DRUG TREATMENT COURT
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, THAT:
6
7 Estimated fee revenue of $5,000 is hereby appropriated, with revenue increased
8 accordingly, to the FY 2023-24 Operating Budget of the Office of the Commonwealth
9 Attorney for the purchase of supplies and to support the operations of the drug treatment
10 court.
Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day
of October 2023.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J///
Budget and Management Services C rney s Office
CA16317
R-1
September 19, 2023
79
ITEM— VLM
APPOINTMENTS
ITEM#74804
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
CLEAN COMMUNITY COMMISSION
DEFERRED COMPENSATION BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION
HEALTH SERVICES ADVISORY BOARD
OLD BEACH DESIGN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
URBAN A GRICUL TURE ADVISORY COMMITTEE
VIRGINIA BEACH VA250 COMMITTEE
WETLANDS BOARD
October 3, 2023
80
ITEM— VIM
APPOINTMENTS
ITEM#74805
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
ROBERT C.MANDIGO
Represents District I
Three year term 101312023—913012026
BEACHES AND WATERWAYS ADVISORY COMMISSION
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
81
ITEM— VIM
APPOINTMENTS
ITEM#74806
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
SHERIFF N.D. "ROCKY"HOLCOMB
Unexpired term thru 313112026
COMMUNITY CRIMINAL JUSTICE BOARD
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley, Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
82
ITEM— VIM
APPOINTMENTS
ITEM#74807
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
SHERIFF N.D. "ROCKY"HOLCOMB
No Term
DEFERRED COMPENSATION BOARD
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
83
ITEM— VIM
APPOINTMENTS
ITEM#74808
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
THOMAS J.MORGAN
Unexpired term thru 1213112024
HISTORIC PRESERVATION COMMISSION
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
84
ITEM— VI.M
APPOINTMENTS
ITEM#74809
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
STEPHEN A. ROCKEFELLER
Represents District 10
Unexpired term thru 212812026
SEBASTIAN JOHNSTON
Represents Student Member
101312023—613012025
PARKS AND RECREATION COMMISSION
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
85
ITEM— VI.M
APPOINTMENTS
ITEM#74810
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
DONNA S. TURNER
No Term
PROCESS IMPROVEMENT STEERING COMMITTEE
Voting: 10-0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
86
ITEM— VIM
APPOINTMENTS
ITEM#74811
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
VICE MAYOR ROSEMARY WILSON
Represents Voting Member
PEDRO WALLACE
Represents Alternate Member
Four year term 1111512023— 1113012027
SOUTHSIDE NETWORK A UTHORITY
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua E `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
87
ITEM— VIM
APPOINTMENTS
ITEM#74812
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
CHARLES BALL
SHARON FELTON
KRISTINE TROCH
Represents Education Field
LINDA CARRINGTON
ELLEN"BECKY"PERRY LIVAS
Represents Cultural Group
ALPHEUS CHEWNING
PA TRICK HANNUM
JOANNE HOUSE
CHRISTI LYONS
JAMES B. WOOD
Represents Historical Group
STEPHEN MANSFIELD
CHRISTOPHER PIECZYNSKI
Represents University/College
KEVIN KATTWINKEL
MICHAEL WINNER
101312023— 71412026
VIRGINIA BEACH VA250 COMMITTEE
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley, Robert
W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,
Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 3, 2023
88
ADJOURNMENT
ITEM#74813
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:40 P.M.
Terri us
Chief Deputy City Clerk
Amanda BarneifMMC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
October 3, 2023
89
OPEN DIALOGUE
The following registered to speak.-
Peter Venoit, P.O. Box 6498, Phone: 839-0121, did not respond.
Hannah Merk, 486 Piney Beach Court, Phone: 799-5166, spoke to express concerns that her constitutional
rights were violated
Michael Pearne, 2601 Cantwell Road, Phone: 808-483-0689, spoke in OPPOSITION to the Franklin
Johnston Group Management&Development,LLC application scheduled to be considered by City Council
on October 17, 2023.
ADJOURNED AT 6:48 P.M.
October 3, 2023