HomeMy WebLinkAboutDECEMBER 12, 2023 FORMAL SESSION MINUTES om
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
DECEMBER 12,2023
Mayor Robert M. Dyer called to order the CITY'COUNCIL MEETING in the City Council Conference
Room, Tuesday, December 12, 2023, at 1:00 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:
Dr. Amelia N. Ross-Hammond arrived at 1:07 P.M.
Jennifer Rouse arrived at 1:39 P.M.
2
CITY MANAGER'S BRIEFINGS
SPRING AND SUMMER FESTIVAL
ITEM#75075
1:02 P.M.
Mayor Dyer welcomed Nancy Helman, Director—Convention and Visitors Bureau. Ms. Helman
expressed her appreciation to City Council for their continued support and distributed a copy of today's
presentation, attached hereto and made a part of the record.
Mayor Dyer expressed his appreciation to Ms. Helman for the presentation.
December 12, 2023
Informal Session
Virginia Beach Spring/Summer
Festivals
Nancy Helman, Director, Convention and Visitors Bureau
December 12, 2023
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virginia beach
Overview
• Two new festival opportunities with proposals submitted.
• Festival #1 - Popular Music (Pop, R&B, Rap, Contemporary)
Concert Proposed for April dates previously held by SITW
and produced by Audacy Virginia.
• Festival #2 - Reggae Festival Proposed dates in June and
produced by IMGoing.
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Audacy Virginia is connected to 1.2 million listeners each week, and has many local,
regional, and national advertising partners. Audacy Virginia owns four radio stations,
and an unparalleled suites of cutting-edge digital marketing solution. Audacy
Virginia produced the Oceanfront Concert Series during the 2022 East Coast Surfing
Championships and brought national acts to the world's longest running surf
contest.
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Festival Overview
• Dates: Friday, April 26, Saturday, April 27, and Sunday, April 28, 2024
• Formally SITW dates and historically known as College Beach Week.
• Estimated attendance in 2024 is 15,000.
• Park Programming: Activation of partnerships with local community groups in 17t" and 24t"
street parks
• Beach Programming:
National acts on the beach — Friday and Saturday, April 26-27
Battle of the Bands on the beach - Sunday, April 28
• Beach Stage: Main stage on the beach at 315t street adjacent to the Neptune Statue facing south
• Local Contributions: Featuring Virginia Beach based community groups, artists, and food vendors
17th and 24th Street Parks
• Activation Partnerships with Local Community Groups
• Spotlight for Local Talent
• Non-Profit & Creative Spaces
• Audacy POC - Lesley-Ann Ang
(Director of Marketing and Promotions,
Audacy Virginia)
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City Sponsorship Requests
• $750,000 cash investment by City
• In Kind City Services
• Audacy will provide $750,000 in dedicated media funds for use by
the City of Virginia Beach in traditional Virginia Beach Tourism
Markets as identified by City
• Audacy Virginia will provide $1,500,000 in promotional marketing
for the event on Audacy platforms throughout the Mid-Atlantic and
traditional Virginia Beach tourism feeder markets.
2024 VIRGINIA BEACH REGGAE
FESTIVAL
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IMGoing is proposing the creation of an annual music festival on the Virginia
Beach Oceanfront. The festival aims to bring a unique cultural experience to
the community and attract out-of-market and regional guests, while also
implementing local art and food into the event. The plan is to make this an
annual event that belongs to Virginia Beach.
Festival Details
• Dates (Tentative): Friday, May 31 through Sunday, June 2, 2024
• Park Programming:
• Date: Free Live entertainment on Friday, May 31
• Locations: 17th 24th and 31st Street Parks
• Event Hours: 5:00 pm - 11:00 pm
• Beach Programming:
• Dates: Saturday, June 1 & Sunday, June 2 with 9 musical acts each day (ticketed event)
• Event Hours: 2:00 pm - 11:00 pm
• Two Stages: Main Stage at 3,d Street facing North. Second Stage at 61h Street facing East
• Entrance: General Admission between 7th and 8th Street on beach. VIP between 4th and 5th Street on Boardwalk.
• Set-Up: Begins May 23, 2023
• Takedown: Completed by June 5, 2023
• Local Flavor: Featuring Virginia Beach based creatives
• Corporate Sponsorship: Welcoming Corporate sponsors to support the event
• VIP Tickets: Offering a VIP Experience
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I m pact Forecast
• $3,000,000 production investment from IMGoing •-
• The projected attendance for the inaugural Virginia
Beach Reggae Festival is 15,000 visitors per day
• Estimated 67% will be from outside of Virginia Beach,
and 33% will be regional
• Estimated that 65% of non-resident attendees will
stay in local hotels, with an average party size of 2.5
people
WORK
Similar Successful Festivals in Other Cities
The concept of hosting music festivals, similar to the proposed Virginia Beach Reggae
Festival, have been successfully produced in various diverse destinations.
Notable examples include:
Long Beach, CA: Cali Vibes
Monterey, CA: California Roots
Stateline, NV: Lake Tahoe Reggae Fest
Puerto Aventuras, MX: Closer to the Sun
St. Petersburg, FL: Reggae Rise Up
Salt Lake City, UT: Reggae Rise Up Utah
Las Vegas, NV: Reggae Rise Up Vegas
Baltimore, MD: Reggae Rise Up Maryland
The widespread popularity and economic benefits of this genre of music festival, makes
them not only a source of entertainment, but also a catalyst for tourism and local business
growth. The Virginia Beach Reggae Festival has the potential to join this esteemed group of
festivals, while offering a unique experience for our community and guests.
• . _ •
City p p
S onsorshi Requests
• Direct: Payment $300,000 from the City to be applied towards festival costs
estimated at $3,000,000
• City Tax Rebate: The City will rebate the promoter the City taxes directly
generated by the festival within the festival footprint, including Admission
Tax, Meal Tax, and the City portion of Sales Tax up to $450,000
• Advertising Reimbursement: City to support the festival with advertising at
the city's discretion
• In-Kind City Services
• Multi Year Agreement: Three-year deal for the years of 2024, 2025, and 2026
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271h—31s'Streets
Week 17 Festival
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201h Streets
SITW
3'd-7ch Streets October 2024
Reggae Festival
June 2024
3'a-141h Streets
SITW
October 2024
Next
Steps
• Council Vote on December 12, 2023, in formal
session
• Competitive process for specified dates for the
2025 calendar year
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3
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
1:36 P.M.
Mayor Dyer welcomed Logan Booth, Audit Senior Manager— Cherry Bekaert Advisory, LLC and Kevin
Kielbasa, Finance Controller. Ms. Logan expressed her appreciation to City Council for their continued
support:
NOW—
City of Virginia Beach
City Council Presentation
December 12,2023
`�GIlfTrBek:rFrt„
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Here is the Agenda for today's presentation:
Agenda
► Client Service Team
► Results of the Audit
�e ► Internal Control Communication
No. Corrected and Uncorrected Misstatements
�1 ► Qualitative Aspects of Accounting Practices
► Independence Considerations
► Other Required Communications
No, Other Matters
► Upcoming Financial Reporting and Accounting
Changes
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December 12, 2023
4
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#750 76
(Continued)
Client Service Team
( Rob Churchman Logan Booth Chandler Ward
Second Partner Senior Manager
Reviewer Senior
Steve Siegel
Firth Technical Director
The next few slides provide the Results of the Audit:
Results of the Audit — Financial Statements
We have audited the financial
statements of City of Virginia
Beach(the "City"), as of and for therE.pyear ended June 30, 2023, and we _
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have issued our report thereon dated Opinion
December 7,2023.
We have an unmodified opinion on the
financial statements. '0
4 �I
December 12, 2023
5
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
Results of the Audit — Government Auditing Standards
and the Specifications
We identified no instances of
noncompliance required to be reported
under Government Auditing Standards. !r,.Pr ..I
We identified no instances of Opinion
noncompliance required to be reported
under the Specifications for Audits of .
Counties,Cities,and Towns,issued by the
Auditor of Public Accounts of the
Commonwealth of Virginia.
We identified no material weaknesses in
internal control over financial reporting.
We identified two significant deficiencies in
internal control over financial reporting
described as items 2023-001 and 2023-002
in the Schedule of Findings and Questioned
Costs.
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Results of the Audit — Single Audit
We have issued an unmodified
opinion on the City's compliance
with each major federal program.
Express
We identified no material ''
4�
weaknesses in internal control
over compliance in accordance ,
with the Uniform Guidance.' ;
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December 12, 2023
6
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
The next two (2) slides provide an overview of an Internal Control Communication:
Internal Control Communication
In planning and performing our audit,we considered internal control over financial reporting("intemalA
control")as a basis for designing audit procedures that are appropriate in the circumstances for the
purpose of expressing our opinion on the financial statements.but not for the purpose of expressing art;;
opinion on the effectiveness of the City's internal control.Accordingly,we do not express an opinion on
the effectiveness of the City's internal control.
Our consideration of internal control was for the limited purpose described in the preceding paragraph-'i
and was not designed to identify all deficiencies in internal control that might be material weaknesses of;
significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that';
were not identified.In addition,because of inherent limitations in internal control,including the possibility
of management override of controls,misstatements due to error or fraud may occur and not be detected
by such controls+--4s+V..'.'++++.,}, }++}}�'} }}ti++'� +
A deficiency in in' control exists'Y✓hen the design or operation of a control does not allow`
management or employees,in the normal course of performing their assigned functions,to prevent,or
detect and correct,misstatements on a timely basis. t x ¢
Internal Control Communication
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DeficiencyMaterial Weakness Significant
A material weakness is a deficiency, or a A significant deficiency is a deficiency, or a
combination of deficiencies in internal control, combination of deficiencies, in internal control
such that there is a reasonable possibility that that is less severe than a material weakness,
a material misstatement of the City's financial yet important enough to merit attention by
statements will not be prevented, or detected those charged with governance.
and corrected,on a timely basis. + a{ F kr+• +'*k'a# #,}�'' `'`,
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-
INe notecYho mefeYtffl weaknesses but noted the following two&ftciencies that we believe to be significant
deficiencies.
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December 12, 2023
7
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#750 76
(Continued)
The next few slides provide the Internal Control Communication deficiency finding and Corrected and
Uncorrected Misstatements:
Internal Control Communication
Significant 'ficiei_____k
nicy 2023-001 Significant Deficiencyt
r Condition:During fiscal year 2023 the City discovered that they had . Condition:While performing our audit procedures to ensure proper
recorded$8,026,306 of construction in progress assets related to the cut-off of expenditures at year-end.we noted two(2)invoices for
Atlantic Park project that were appropriately capitalized by the Virginia ro es pvided ca in fisl year 2023 totaling$3.893.070 had not been
Beach Development Authority("Authority")and were recorded on both propery—med as of June 30,2023.
the Authority's and City's financial statements at June 30,2022,
Cause: During the City's year—d close process,.the finance
r Cause:During the early stages of the Atlantic Park project,there was department's cut-of procedures did not Identify these expenditures
unclear understanding of who had ownership of certain capital that should have been accrued in fiscal year 2023.
assets and infrastructure associated with the project and the City did
not reconcile the capital project activity related to the Atlantic Park Management Response:The City recorded an adjusting journal
project wlh that o1 the Authority resulting in the assets being recorded entry to correct the amounts In the June 30,2023 financial statements
on both the City's and Authority's financial statements, nd I update its year-end procedures adding add tonal controls to
nsurs all expendtures 'n the subsequent year are captured,
t Management Response:The City will establish annual reconciliation ++;, thoroughly reviewed and transactions are recognized in the proper
procedures related to transactions between the City and the Authority }!.:_ fiscal year when they were incurred. In addition,Me City will explore
to ensure complete and accurate reporting.In addition,the City willand evaluate new system delivered functionary to see if it meets the
make sure the ownership of capitalizable projects is properly identified sed Cily's bu ness requremenFs
at the start of the projects and related transactions between the City
and Authority will be carefully reviewed and properly recorded on the i'`City s books.
s
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all misstatements identified during the audit,other tharj:�#
those that are clearly trivial,and communicate them to the appropriate level of management- +*
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} Corrected Misstatements
The City recorded an adjusting journal entry to correct amounts noted in Significant Deficiency 2023-
002 relating to accrue for additional capital project expenditures as of June 30,2023 in the amount of
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December 12, 2023
8
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
Corrected and Uncorrected Misstatements
0 We identified an uncorrected misstatement recorded in the financial statements of the City for the
year-ended June 30,2023,relating to the accounting of capital projects associated with the Atlantic
Park Project.The City had incorrectly accounted for certain projects that were correctly capitalized by
the Authority for the year ended June 30,2022,and subsequently had to correct for the error during
the year ended June 30,2023.The City expensed costs of$8,026,306 related to the double-counting
of those projects during fiscal year-ended June 30,2023.
1,We identified an uncorrected misstatement recorded in the financial statements of the City for the
year-ended June 30,2023, relating to tap fee revenue in the Water and Sewer fund. Revenues are
overstated by$712,946 for the Water and Sewer fund as a result of tap fee service orders not being
properly closed in Banner.The City understated revenues in the previous fiscal year and overstated
revenues in the current fiscal year by offsetting amounts.
The next several slides provide an overview of Qualitative Aspects of Accounting Practices:
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of
appropriate accounting policies. The significant
accounting policies used by the City are described in
Note 1 to the financial statements.
i Related Party
As described in Note 1,the City implemented the following Relationships
Government Accounting Standards Board ("GASB") and Transactions «0°
Statements for the fiscal year ended June 30,2023:
GASB Statement No.94,Public-Private and Public-
Public Partnerships and Availability Payment
Arrangements — no impact on the financial
statements.
• GASB Statement No. 96, Subscription-Based Significant Financial
Information Technology Arrangements—increase in Estimates Statement
capital assets and long-term liabilities Disclosures
12 fr
December 12, 2023
9
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
Qualitative Aspects of Accounting Practices
As part of our audit, we evaluated the City's
identification of,accounting for,and disclosure of the
City's relationships and transactions with related parties
as required by professional standards. I Related Party
We noted none of the following: I Relationships
Related parties or related party relationships or and Transactions
transactions that were previously undisclosed to us;
Significant related party transactions that have not
been approved in accordance with the City's policies " •,,,
or procedures or for which exceptions to the City's
policies or procedures were granted;
Significant related party transactions that appeared
to lack a business purpose;
Noncompliance with applicable laws or regulationsSignificantFinancial
prohibiting or restricting specific types of related Statement
party transactions;andDisclosures
Difficulties in identifying the party that ultimately
controls the entity.
19
Qualitative Aspects of Accounting Practices
We noted no transactions entered into by the City
during the year for which there is a lack of authoritative
guidance or consensus. All significant transactions
have been recognized in the financial statements in the
proper period. Significant
Unusual
For purposes of this presentation, professional Transactions
standards define significant unusual transactions as
transactions that are outside the normal course of
business for the City or that otherwise appear to be
unusual due to their timing,size,or nature.We noted no
significant unusual transactions during our audit.
Significant
Estimates Staterne
Disciosur
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1e �r
December 12, 2023
10
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
Qualitative Aspects of Accounting Practices
Accounting estimates are an integral part of the
financial statements prepared by management and are
based on management's knowledge and experience
about past and current events and assumptions about
future events. Certain accounting estimates are :� -
particulady sensitive because of their significance to the
financial statements and because of the possibility that
future events affecting them may differ significantly from
those expected.The most sensitive estimates affecting
the financial statements were:
• Allowance for doubtful accounts on taxes receivable
Capital assets depreciable lives
Actuarially computed pension and OPEB assets,
liabilities and deferred flows of resources Significant
• Risk management claims liabilities Estimates Statement
Disclosures
16
Qualitative Aspects of Accounting Practices
The financial statement disclosures are neutral,
consistent,and clear.
Related Party
Relationships
and Transactions
Financial
Estimates Statement
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December 12, 2023
11
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#750 76
(Continued)
Here are the Independence Considerations:
Independence Considerations
Independence Conclusion
Complete the appropriate section of and sign +We are not aware of any other circumstances
the Data Collection Form. or relationships that create threats to auditor
independence,-,:}tt,� +} i
1 For all nonattest services we perform, you are
responsible for designating a competent employee i,We are independent of the City and have met
to oversee the services,make any management our other ethical responsibilities in accordance
with the relevant ethical requirements relating
decisions, perform any management functions to our audit_
related to the services,evaluate the adequacy of ;
the services,and accept overall responsibility for +
the results of the seances { }.} + ;fi+++. +
1
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Other Required Communications
Difficulties Disagreements Auditor Management
i Encountered with Management Consultations Representations
We encountered no Includes We noted no matters
significant difficulties in disagreements on a that are difficult or We have
dealing with financial accounting, contentious for which requested certain
management in reporting,or auditing the auditor for
representations from
performing and matter,whether or not outside the management that
completing our audit. resolved to our engagement team, are included in the
satisfaction,that could ,, management
be significant to the - representation
financial statements or letter dated
the auditor's report. December 7,2023.
We are pleased to
report that no such
isagreements arose
ring the course of
ie
December 12, 2023
12
CITY MANA GER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
Other Required Communications
Management Other Findings Fraud and Going
Consultations or Issues Illegal Acts Concern
In some cas As of the date of this
M.riagem ent a atters presentation,no fraud, conditions noted that
decide.consull with he acts,o indicate substantial
other accountants n of viol of laws and doubt about the
about a citing and inciples regulations no entity's ab lity to
untyditing and
certain situations. eac year.
To our k These discussions
other I occurred in the normal
acco n an professional
relationship and our
responses were not a
condition to our
Other
Required Supplementary Infbirmation
Accountng pdriaptes generally accepted in the United StaEes of America require that the Menagtxnent'S Discussion
and Analysis and tfre Required Supplementary Informatkxi other than Panagement's Discussion and Analysis,es
listed in the table of contents,6e presented to supplement the basic financial statements.Such information is the
roaponsibiGty of management and, although not a Dart of the basic financral statements, is requred by the
Governmental Accounting Standards Board who consitlers It to be an essential part o[finandai reporting for placing the
basic financial statements in en appropriate operational,economic,or historical context.We have applied certain
limited procedures to the required supplementary information m accordance wtth audding standards generally a�epted
in the United States of America,which mneistod of Enquiries of management atxwf the metlmds of preparing the
information and comparing the tntormatlon for consistency with management's responses b our inquiries,the basic
financial statements,and ottrer knowledge we ob+ained durkg our audit of the basic financial statements.We rlo not
express en opinion w provido any assurance on the information because the Fimited procedures do not provide us wtth
ry sutFdent evMence to express an opinion or provide any assurance.
Y/
December
13
CITY MANA / BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL I ENDED JUNE l 2023
ITEM#75076
Other Supplementary
Our audN was eonauctad far the Durpose of funning opinions an die Tinandal afetemants that oollactiaalY compose the City's basin Rnandal
21
Other Matters
atatementa.The agoompanNng Combining Schetlules Nonmagr OovemmenW Fonda,General PUM Budget to Actual,Combining Schedules end
In8lviduel Pumda,Debt SaMce Fund,.Capital Projects,Entarpnee Ponds,Intemai Service Funds,Custodial Funds,Discretely Presented Scholl
Bird Ggnponent Unit,and ONar Component Units statements antl sdtadules,as Irsted in the table of eomm�ts,and schedule of expenditures of
fedeml awards as required by Ttla?of U.S.Oode of Faders(RegWa6ons Part?00.UnApm Admhistrefive RequramaMs,Cost PrMdples,and
Auda Requirements(or Fasle�al Awards are presented fa purposes of adtliRonal analysis and era not a required pan of Rio basic flnandal
statements.Such infgrtnatim is the responsibility qt managamentend Was dedYad from and relates directly to iha undedpng accounting and other
remrls used to prepare Rre basic financial statements.The infwmatwn has been subjected to the audi6rp prrwetluMs sped in the audit of the
pasta finanda!statements end oedain additional prooadraes,indad+ng wmpsring end reaondgmg such Information dvectly b the untledying
ecccunting and other records used to prepare the basic finan<dai etetemenl5 or to Rre basic finandal statements themselves.and ether addigonal
procedures in accordance wlttt auditing standarcts genars0y aaaePted In the United States of America.in our oDinian,the Combining end
indlvidusi Statements,supplementary information,and schedule of expenditures of federal awards era fairly stated,in at1 material raspeuls,In
rotation a the basic hnandel statements as a whale.
Other Information
Menagernent is responsible for the other information inGude4 in the annual report.The other infornation canpdses the
22
Introductory and Statistical sections and Continuing Disdosure Schedules,as Gated in the table of contents,but dose
not indude the basic financial statements end our att4Ror's repor thereon.Out opinions on the basic financial
statements do not cover the other information,and we do not express an opinion or arty form d assurance ttrerean.
in connection with our audit of the basic financial statements,our responsibility is b read the other information and
tonsillar whether a material atconsistency exists between the other inforcnation and fire basic linaneial statements,or
iha other information otlterorisa appears to be materiaNy misstated.If,based on the work performed,we concWde that
rar tarr;L7(r•G{0d mabrial mfaat•tssneM W tit0 OU1Br m(Uriaallori swats wa ere regwtad�,deaIXW d to our report
14
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
Here are Upcoming Financial Reporting and Auditing Changes:
Upcoming Financial Reporting and Auditing Changes
These standards will be effective for the City in the
upcoming years and may have a significant impact on
Audit standards
the City'sfinancial reporting.
We would be happy to discuss with management the .�
Ppli..bl.m estimates,use of
potential impacts on the City's financial statements and2024) specialists,and risk
how we may be able to assist in the implementation assessment
efforts.
No GASS Statement
CompensateAbsences ;.
25)
23
Contacts
Laura Harden,CPA
Audit Director
ihardeniid,�cbh.com
Questions Logan Booth,CPA
Audit Senior Manager
LBoothna cbh.com
%mw*Cherry Bekaert"
za
December 12, 2023
15
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
Mr. Kielbasa provided the Audited Financial Results:
AUDITED FINANCIAL RESULTS FOR THE
FISCAL YEAR ENDED JUNE 301 2023
Department of Finance I December 12,2023
Here is the Agenda:
AGENDA
• Overview of FY 2023 Audited Financial Results WHO
• Net Position—All City Funds
• General Fund
• Enterprise Funds
• Long-term Debt—Annual Required Payments
December 12, 2023
16
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
STATEMENT OF NET POSITION - ALL CITY FUNDS
JUNE 30, 2023
(IN MILLIONS)
City Schools Total
Current Assets $ 1,478.3 $ 419.4 $ 1,897.7
Capital Assets 4,972.6 570.7 5,643.3
Total Assets 6,450.9 990.1 7,441.0
Deferred Outflows of Resources 160.8 162.3 323.1
Current Liabilities 192.9 134.3 327.2
Net Pension Liability 355.0 462.2 817.2
Net OPEB Liability 92.0 157.6 249.6
Other Long-Term Liabilities 1,443.6 63.6 1,507.2
Total Liabilities 2,083.5 81.7.7 2,901..2
Deferred Inflows of Resources 172.0 147.2 319.2
Net Position:
Net Investment in Capital Assets 3,629.0 567.1 4,186A
Restricted 136.4 36.8 173.2
Unrestricted 590.7 (406.5) 184.2
Total Net Position $ 4,356.1 $ 1.87.4 $ 4,543.5 The unassigned Fund Balance as of June 30, 2023, was$196.1-Million:
GENERAL FUND BUDGET TO ACTUAL
JUNE 30, 2023
(IN MILLIONS) %of
BUDGET ACTUAL VARIANCE Budget
LOCAL $ 1,165.3 $ 1,166.3 $ 1.0 0.1%
STATE 178.7 180.1 1.4 0.8%
FEDERAL 25.2 26.0 0.8 3.2%
TOTAL REVENUES $ 1,369.2 $ 1,372.4 $ 3.2 0.21/.
CITY $ 908.8 $ 810.2 $ 98.6 10.8%
CITY CAPITAL PROJECTS 92.5 92.5 - -
SCHOOLS 439.9 409.5 30.4 6.9%
SCHOOL RESERVE FUND 0.7 0.7 - 0.0%
SCHOOLS CAPITAL PROJECTS 46.3 46.3
TOTAL EXPENDITURES $ 11488.2 $ 1,359.2 $ 129.0 8.7%
REVENUES OVER(UNDER) $ (119.0) $ 13.2 $ 132.2
FUND BALANCE-DULY 1 328.9
LESS:RESERVATIONS (146.0) *13-85%of FY2024 Budgeted Revenues
UNASSIGNED FUND BALANCE-JUNE 30 196.1
December 12, 2023
17
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
The total Fund Balance Reservations as of June 30, 2023, was$196.1-Million:
TOTAL FUND BALANCE RESERVATIONS
JUNE 30, 2023
(IN MILLIONS)
Total Fund Balance June 30,2023 $ 342.1
Less Reservations:
Inventories&Loans Receivable 9.5
Community Services Board Restricted Funds 1.9
School Reserve Fund 15.2
School Reversion 26.1
Carryforwards and Encumbrances 24.8
Flood Protection Referendum Fund 24.4
Trust and Gift Funds 1.2
FY 2024 City CIP Budget 41.1
Other uses of Fund Balance in FY 2024 1.8
146.0
Total Unassigned Fund Balance FY 2023 $ 196.1
%of FY2024 Budgeted Revenues 13.85%
UNASSIGNED GENERAL FUND BALANCE
AS OF JUNE 30, 2014 THRU 2023
.0%
13.5% 13.8%
6200 13.0%
•
10.1% 10.5-Yn
�6160 9.511E 9.3% � �. F_..� 9.0%
0
CE100
0
4,M
0
S60 I a,
I
S0 0.0%
2014 W15 2016 2017 2015 2019 2020 2021 2022 2029
OUn-1191-GF EX-(, ,I 5,111ka lea GF Rcien,11
December 12, 2023
18
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#75076
(Continued)
Here are the Total Revenues-General Fund:
TOTAL REVENUES - GENERAL FUND
JUNE 30, 2023, AND 2022
(IN MILLIONS)
FY2023 YID FY 2(12 2 YTD VARIANCES
Budget Actual Variance % Actual Actual
• Real Estate Taxes olro I oft- (i.2) U Il% S 593.8 S 48.7 8.2
Personal Property Taxes 139.2 140.3 1.1 0.8 1365 3.8 2.8
CommOaweakh-PPTRA 53A 53.4 - - 53.4 - -
Oeneal Sales Tax 93.9 89.5 (4.4) (4.7) 87.4 2.1 2A
Utility Taxes 43.1 40.5 (2.6) (6.0) 45.7 (52) (11.4)
Business Licenses 54.9 59.3 4.4 8.0 55.5 3.8 6.8
• Hotel Taxes 10.7 11.1 0.4 3.7 10.0 1.1 11.0
• Meal Taxes 57.0 5&7 1.7 3.0 54.8 3.9 7.1
• Other Local Taxes 34.5 30.7 (3.8) (11.0) 36.2 (5.5) (15.2)
Chargeforservices 34.1 54.6 05 0.9 54.5 0.1 02
Other Local Revenues 27.4 3&4 11.0 40.1 24.6 13.8 56.1
Commonwealth-Maintenance of Roads 57.5 60.6 3.1 5.4 52.5 8.1 15.4
Coamonweakh-Human Services Reimb 41.3 40.7 (0.6) (1.5) 36.6 4.1 112
• Corrou)-akh-Other State Revenues 26.5 25.4 (l.l) (4.2) 23.7 1.7 7.2
• Federal Revenues 25.2 26.0 0.1 3.2 27.7 (1.7) (6.1)
` Transfers from Other Funds 0.8 0.7 (0.l) (12.5) 0.8 (0.1) (115)
S 1,369.2 $1,372.4 S 3.2 0.2 % S 1,293.7 S 78.7 6.1 %
•cF portloo onty
4rcea-Exceededbudget Red-Underbudget
TOTAL EXPENDITURES - GENERAL FUND
JUNE 30, 2023
$saotwD,00O
$450,000,000
$400,000,000
$350,OD0,000
$a00,000.000
$250,000,000
$20DOD0,000
$150,000,ow
$100,00D,01x1 � -
Transfers- Salaries Operating fringe Benefb Transfers-CIPs Debt Service Transfers-Other Capital Outlay
Schools Expenses Funds
■2023 42022 -.
December 12, 2023
19
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#750 76
(Continued)
Here is an overview of the Enterprise Funds:
ENTERPRISE FUNDS
STATEMENT OF NET POSITION
AT JUNE 30, 2023
ON MILLIONS)
Water end Waste
Sewer Storm Water Management Parking
Cash•nd Investments $ 123.8 $ 22.9 $ 12.6 $ 6.8
Cash and Investments-Restricted 99.5 69.5 - -
Receivablas 15.9 5.7 4.6
Inventory 12 &0 - -
ONpital Assets 708.7 533.7 5.1 3.0
Deferred Outflows 6.8 1.7 2.0 0.1
Total Assets+Deferred Outflows 957.7 633.4 24.3 9.9
Current Liabilities 26.9 11.5 2.3 0.7
Compensatatl Abseaness 0.5 0.1 0.3 -
eontls end Notes Payable 193.0 138.1 - -
Subserlptions Payable 0.3 - - -
Lease Payable 0,2 - - _
Net Panslon Liability 16.2 4.0 4.5 0.3
Net OPE8 Liability 3.3 0.8 1.3 0.1
Deferred Inflows 5.6 1.8 1.6
Total Llebiiitles+Deferred Inflov 246.0 156.3 10.1 E
Net Investment In Capital Assets 498.4 385.2 5.1 -
Future Debt Services 20.3 9.4 - -
Unrestricted(deficit) 193.2 82.4 9.2 6.4
Total Net Position $ 7118 $ 477.1 $ 14.3 $ 6.4
ENTERPRISE FUNDS
STATEMENT OF REVENUES EXPENDITURES AND CHANGES IN NET POSITION
AT JUNE 30, 2023
(IN MILLIONS)
Water and Waste
Sewer Storm Water Management Parking
Charges for Services $ 130.2 $ 45.7 $ 37.2 $ 5.5
Miscellaneous 0.2 0.9
Operating Revenues 130A 45.7 �
Cost of Goods Sold 32.6 - 0.4 _
Personnel Services 29.8 5.9 10.7 0.7
Operating Expenses 31.4 8.6 26.5 3.6
Depreclation 29.2 10.6 2.6 0.3
Operating Expenses 122.9 .2 40.1. 4.6
Interest and Fiscal Agent Fees (5.8) (3.6) - 10.7)
Other Nonoperating Revenue• 3.5 1.6 0.3
Non operating Rev and Exp (2.3) (2.0) (0.7)
Capital Contributions 4.8 3.8 -
Transfers In(Out) - 0.6 - (1.3)
Change In Net Position $ LOD 22.9 (1.7) (1.1)
December 12, 2023
20
CITY MANAGER'S BRIEFINGS
AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2023
ITEM#750 76
(Continued)
Here is a summary of Long Term Debt Annual Payments:
LONG TERM DEBT ANNUAL PAYMENTS
(IN MILLIONS)
Annual Payments by Fiscal Year
FY 2023 FY 2022
Principal Retirement $ 122.8 $ 117.2
Interest 51.2 56.1
City Pension-Employer Contributions 67.6 54.8
School Pension-Employer Contributions 74.4 71.6
City OPEB-Employer Contributions 11.7 11.5
School OPEB-Employer Contributions 17.5 13.3
FY 2023 PAFR AND GFOA AWARD
L-
Mayor Dyer expressed his appreciation to Ms. Logan and Mr. Kielbasa for the presentation.
December 12, 2023
21
CITY MANAGER'S BRIEFINGS
CITY OF VIRGINIA BEACH FINANCIAL MANAGEMENT
ITEM#75077
2:02 P.M.
Mayor Dyer welcomed David Rose, Senior Vice President, and Manager of Public Finance—Davenport
& Company and Kyle Laux, Senior Vice President—Davenport& Company. Mr.Rose expressed his
appreciation to City Council for their continued support and distributed a copy of today's presentation,
attached hereto and made apart of the record.
Mayor Dyer expressed his appreciation to Mr. Rose and Mr. Laux for the presentation.
December 12, 2023
DAVENPORT
PUBLIC FINANCE
CityVirginiaof Beach, VA
Comprehensive Debt Management Update
December 12, 2023
Member NYSE I FINRAISIPC
Background BEACHIA
--�..� BEACH
Davenport & Company LLC ("Davenport") serves as Financial Advisor to the City of Virginia Beach (the
gicity ).
In January of 2023, Davenport presented a Debt Management and Capital Funding Strategies
Presentation to City Council. The presentation resulted in the City updating and amending its Debt
Management Financial Policies.
•= Davenport was asked to develop a comprehensive multi-year financial model to assist the City in
monitoring and projecting:
1) Debt Capacity (i.e. compliance with City Council adopted financial policies and expectations for `Aaa'
rated local governments).
2) Debt Affordability (i.e. budgetary impact of current and future debt funded capital projects).
The model is a dynamic and cooperative tool to assist the City in understanding and planning for the
potential impacts of any new borrowing(s) over a multi-year period.
r Davenport has prepared a set of initial scenarios to receive feedback from City Council and Senior City
Leadership.
DAVENPORT ,®
PUBLIC FINANCE December 12,2023 Y Virginia City of Beach.VA 1
VIRGINIA
Credit Rating Overview "�•-�'""' BEACH
y The City enjoys `Aaa' credit ratings from all three of the National Credit Rating Agencies. These credit
ratings serve as a barometer for the Financial, Economic, Demographic, and Management standing of the
City.
These `Aaa' credit ratings are the highest possible credit ratings a local government can achieve.
MQody's SAP Fitch
Top Tier "Highest Possible -
Aa a AAA AAA
Rati ng„ _ -- _
Aa l AA+ AA+ (Highest)
2nd Tier "Very Strong" Aa2 AA AA (Middle)
Aa3 AA- AA- (Lowest)
Al A+ A+ (Highest)
3rd Tier "Strong" A2 A A (Middle)
A3 A- A- (Lowest)
Considered
4th Tier "Adequate Baal BBB+ BBB+ (Highest) Investment
Capacity to Repay" Baal BBB BBB (Middle) Grade
Baa3 BBB- BBB- (Lowest)
Below
5th - loth Tiers "Below Investment
Investment Grade" BB, B, CCC, CC, C, D Grade
DAVENPORT ,
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 2
VIRGINIA
Debt Management Financial Policies -- .- BEACH
The City has a number of Debt Management Financial Policies which were most recently updated at the
beginning of this calendar year.
These policies are summarized below:
Policy/Metric Existing Policy
Net Debt to Assessed Real Estate Value Not to exceed 3.0%.
Debt Service to General Government
Not to exceed 10.0%.
Expenditures
Fixed Costs to General Government
Not to exceed 20.0%.
Expenditures
10-Year Payout Ratio Remain above 50%.
DAVENPORT ,=
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 3
VIRGINIA
Tax Supported Borrowing for Adopted FY 24 - 29 CIP - BEACH
1) As of the start of FY 2024, the City has roughly $360 million of Authorized but Unissued Charter Bonds('),
and an additional $390 of Charter Bond Appropriations planned in the FY 24 - 29 CIP (total of roughly
$750 million).
2) As of the start of FY 2024, the City has roughly $510 million of Authorized but Unissued Public Facility
Revenue Bonds, and an additional $275 million of Public Facility Revenue Bond Appropriations planned in
the FY 24 - 29 CIP (total of roughly $785 million).
3) This totals approximately $1.5 billion of Tax Supported debt to be issued. The analysis herein assumes
this is issued over the next 10 Fiscal Years (i.e. FY 24 - 33).
DAVENPORT ® (1)This figure excludes Charter Bonds Authorized for the Flood Protection Program.
PUBLIC FINANCE i w Virginia Beach.VA 4 City of Vir
December 12,2023 g
VIRGINIA
Updated Assumptions for Flood Protection Program BEACH
r The graphic below shows the estimated issuance timing and amounts based upon updated expenditure estimates
provided by Jacobs Engineering.
Of the Net Financing Need, $567.5 million is planned to be funded via the referendum. The balance (i.e. $310 million)
may be funded by additional bonds, grants, cash, etc. It is assumed for this analysis that the $310 million balance will be
borrowed via a Tax-Supported borrowing vehicle to be determined.
Net Financing Estimated Issuance
FY Need(1) Timing& Amount Repayment Source
Exp. To Date $ 13,817,790
2024 29,854,875 FY 24 Issuance: $118,972,663
2025 75,299,998
2026 70,234,338 FY $567.5 million
2027 79,763,926 26 Issuance: $149,998,264 Referendum
2028 138,669,630
�-- FY 28 Issuance: $298,529,073*
2029 171,798,844
2030 164,502,222 _ -
FY 30 Issuance: $274,758,184
2031 98,316,561 $310 million
2032 31,863,146 Other
FY 32 Issuance: $34,426,201
2033 2,563,055
Total $ 876,684,385
*FY28 Issuance adjusted downward to issue the balance of the initial$567.5 million authorization.$12 million balance is incorporated in the$274 million figure.
DAVENPORT ® (1)See Appendix for a detailed breakout of all funding sources for the Flood Protection Program.Figures provided by Jacobs Engineering and City Staff.
PUBLIC FINANCE ,�
December 12,2023 City of Virginia Beach,VA 5
CITY OF
VIRGINI
Overview of Preliminary Scenarios BEACH A
���
➢ For preliminary discussion purposes, Davenport has prepared the following 3 scenarios:
Scenario 1A: Total Funding $2.1 Billion
•Charter & PFRB Issuances fully-fund Previously Authorized and Future
Appropriations over the FY 2024 - 2033 time period in the amount of
$1.5 Billion; plus
• Issuance of$567.5 million of Charter Bonds in support of the Flood
Protection Program.
Scenario 1B: Total Funding $2.4 Billion
•Scenario 1A plus fully-funding the Flood Protection Program with the
issuance of an additional roughly $310 million of debt (per most
recent expenditure estimates from Jacobs Engineering).
Scenario 2: Total Funding $3.1 Billior
•Scenario 1B plus Potential Capital Priorities over and above the FY
2024 Adopted CIP (roughly$730 million, see Appendix)funded over
the FY 2024 - 2033 time period.
DAVENPORT �®
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 6
C f v i..
VIRGINIA
Scenario lA — Issuance Timing & Assumptions --- BEACH
Total Charter and PFRB debt (excluding flood) issued between FY 24 - 33 equals approximately $1.5
billion.
Average annual issuance (excluding flood) between FY 24 - 33 equals roughly $150 million.
FY Charter(1) PFRB(2) Flood Total
2024 $ 165,000,000 $ 80,000,000 $ 118,972,663 $ 363,972,663
2025 - 141,239,294 - 141,239,294
2026 145,820,635 - 149,998,264 295,818,899
2027 - 141,239,294 - 141,239,294
2028 145,820,635 - 298,529,073 444,349,708
2029 - 141,239,294 - 141,239,294
2030 145,820,635 - - 145,820,635
2031 - 141,239,294 - 141,239,294
2032 145,820,635 - - 145,820,635
2033 - 141,239,294 -_ 141,239,294
Total $ 748,282,541 $ 786,196,471 $ 567,500,000 $ 2,101,979,012
(1)Charter Bonds are repaid by the General Fund except for the following amounts which are repaid by Schools:$15m in FY24,$50m in FY26,28,30,and 32.
DAVENPORT ® (2)PFRB are repaid by the General Fund except for the following amounts which are either repaid by Schools or the TIP Fund.Schools:$40m in FY25,27,29,21,and 33.TIP Fund:
$80m in FY24,25,and 27.$101m in FY 29.
1
December 12.2023 City of Virginia Beach.VA 7
CITY OF
VIRGINIA
Scenario 1A - Debt Capacity BEACH
............
,oi Reference: Total New Debt Issued over next 10 years: $2.1 billion.
* Average annual Tax-Supported Issuance of $150 million.
* $567.5 million of debt in support of Flood Protection Program.
Debt vs. Assessed Value Debt Service vs. Budget
3.5% 12.0%
3.0% 10.0%
2.5% 8.0%
2.0%
6.0%
1.5%
4.0%
1.0%
2.0%
0.5% 0.0%
0.0% � , p " " 1 " � " 1 ,
�1 " 3 "' 3 �' o2" eO 1p�lp� p10110110pof$ 101lop10� 10 101410le
leIFPlele1P19 �P 0e00le10
Existing Tax-Supported DS vs.Budget Projected Charter DS vs.Budget
Existing Tax-Supported Debt vs.AV Projected Charter Debt vs.AV Projected PFRB DS vs.Budget Projected Flood DS vs.Budget
MEN Projected PFRB Debt vs.AV Projected Flood Debt vs.AV Debt Service Policy Limit(10%)
-Debt Policy Limit(3.0%)
DAVENPORTEstimated results are preliminary,subject to change.
PUBLIC FINANCE
;4W December 12, 2023 City of Virginia Beach.VA
d .l'
Scenario lA — Debt Capacity (coast.) --- BEACH' ��
➢ Reference: Total New Debt Issued over next 10 years: $2.1 billion.
■ Average annual Tax-Supported Issuance of $150 million.
■ $567.5 million of debt in support of Flood Protection Program.
Fixed Costs Ratio Payout Ratio
25.0% 120.0%
20.0% 100.0%
80.0%
15.0%
60.0%
10.0%
I
40.0%
5.0%
20.0%
0.0%
1 `L0 `L°' "�° 3, "�0 30 "�', 30 "�°u p°
y0 y0 y0 1O rye I f 1O y0 ry0 lO O 1O ,ti0 l 1 O 1p �O 0.0%
Existing Tax-Supported DS Projected Pension Cost LO �O LO �O �O LO LO ry0 LO ry0 LO y0 LO �° y0 �O �O
Projected OPEB Cost ®Projected Charter DS Existing 10 Year —0 Projected 10 Year Payout Ratio
Projected PFRB DS Projected Flood DS Payout Ratio
—Fixed Costs Policy Limit(20%) —Minimum 10 Year Payout Ratio(50%)
DAVENPORT ® Estimated results are preliminary,subject to change.
PUBLIC FINANCE r-
December 12,2023 City of Virginia Beach.VA 9
VIRGINIA
Scenario 1A - Debt Affordability �•- BEACH
r Total proposed debt repaid by the General Fund: $780 million.
Total proposed debt repaid by the Schools Fund: $415 million.
General Fund Schools Fund
$120,000,000 $80,000,000
$70,000,000
$100,000,000
$60,000,000
$80,000,000
$50,000,000
$60,000,000 $40,000,000
$30,000,000
$40,000,000
$20,000,000
$20,000,000
$10,000,000
n, 3� rye `30 ,�', 3� h � '�
l � ry0 �O �O ,LO ry0 �O �O 00 00 00 00 O� 00 03 03 03 03 O� 03 O� 0 03 03 O�
Existing Debt Service Proposed Debt Service-FY 2024 Budgeted Debt Service Existing Debt Service Proposed Debt Service-FY 2024 Budgeted Debt Service
DAVENPORTEstimated results are preliminary,subject to change.
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 10
4.
Scenario lA - Debt Affordability (coast.) BEACHIA
➢ Total proposed debt repaid by the TIP Fund: $340 million.
➢ Total proposed debt repaid by the Parks Fund: $0.
TIP Fund Parks Fund
$70,000,000 $14,000,000
$60,000,000 $12,000,000
$50,000,000 $10,000,000
$40,000,000 $8,000,000
$30,000,000 $6,000,000
$20,000,000 $4,000,000
$10,000,000 $2,000,000
10 gyp, rye ry6 ry'1 ry`b ry°� n�0 n�`y n�rti g"a gp, 3� g1 g`b "ic NO P h 0 'l 4� 9 O 'y rl. 3 D� h 0 1 o of O
1y ry0 1 lL0 If ry0 rp 10 rL0 10 10 rL0 rL0 10 l IP Off' Off' 00' Off' Off' 07' O� 03 O1 03 O� 03 03 4 Off`
Existing Debt Service Proposed Debt Service-FY 2024 Budgeted Debt Service Existing Debt Service Proposed Debt Service-FY 2024 Budgeted Debt Service
DAVENPORT ® Estimated results are preliminary,subject to change.
PUBLIC FINANCE �-
December 12.2023 City of Virginia Beach,VA 11
VIRGINIA
Scenario lA - Flood Affordability BEACH
➢ The affordability below is predicated on the assumption that the revenues available for Flood Protection grow 3% annually
(i.e. red line below).
➢ Assumes $567.5 million of debt in support of Flood Protection Program.
$90,000,000
Reserves
$80,000,000 utilized to
fund the
$70,000,000
peak in debt
$60,000,000 service.
$50,000,000
$40,000,000
$30,000,000
$20,000,000
$10,000,000
$_
<00O000H � � H � ��
B u i Id-u p O oO oO oO If,
of of Existing Debt Service Referendum Debt
Reserves. Cash-Funded Capital —Projected Revenue Available1�
DAVENPORT Estimated results are preliminary, ie Change.
(1)FY 2024 and FY 2025 values provroviddedd by City Staff.Future revenues assumed to grow 3%annually.
PUBLIC FINANCE
December 12. 2023 City of Virginia Beach.VA 12
CITY C}f=
VIRGINIA
Scenario 1B - Issuance Timing & Assumptions
I BEACH
Total Charter and PFRB debt (excluding flood) issued between FY 24 - 33 equals approximately $1.5
billion.
Average annual issuance (excluding flood) between FY 24 - 33 equals roughly $150 million.
FY Charter(1) PFRB(2) Flood Total
2024 $ 165,000,000 $ 80,000,000 $ 118,972,663 $ 363,972,663
2025 - 141,239,294 - 141,239,294
2026 1457820,635 - 149,998,264 295,818,899
2027 - 141,239,294 - 141,239,294
2028 145,820,635 - 298,529,073 444,349,708
2029 .._.. - 141,239,294 - 141,239,294
2030 145,820,635 - 274,758,184 420,578,819
2031 - 141,239,294 - 141,239,294
2032 145,820,635 - 34,426,201 180,246,836
2033 - 141,239,294 - 141,239,294
Total $ 748,282,541 $ 786,196,471 $ 876,684,385 $ 2,411,163,397
(1)Charter Bonds are repaid by the General Fund except for the following amounts which are repaid by Schools:$15m in FY24,$50m in FY26,28,30,and 32.
(2)PFRB are repaid by the General Fund except for the following amounts which are either repaid by Schools or the TIP Fund.Schools:$40m in FY25,27,29,21,and 33.TIP Fund:
DAVENPORT
$80m in FY24,25,and 27.$101m in FY 29,
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 13
11 1
Scenario 1B - Debt Capacity BEACHVIRGINIA
Reference: Total New Debt Issued over next 10 years: $2.4 billion.
* Average annual Tax-Supported Issuance of $150 million.
* $876 million of debt in support of Flood Protection Program.
Debt vs. Assessed Value Debt Service vs. Budget
3.5'/, 12.0%
3.0% 10.0%
2.5%
8.0%
2.0%
6.0%
1.5%
4.0%
1.0%
2.0%
0.5%
0.0% 0.0%
", " 0p " 03 (1 p p " 4" p 5A b e1
'0 ' 101IfloIP1051� li5�1�p 1 IfP1Olo le 141y IF; 4 l
9 f e
Existing Tax-Supported Debt vs.AV Projected Charter Debt vs.AV Existing Tax-Supported DS vs.Budget Projected Charter DS vs.Budget
Projected PFRB Debt vs.AV Projected Flood Debt vs.AV MIIIIIIIIIIII Projected PFRB DS vs.Budget Projected Flood DS vs.Budget
-Debt Policy Limit(3.0%) -Debt Service Policy Limit(10%)
Estimated results are preliminary,subject to change.
DAVENPORT
PUBLIC FINANCE December 12,2023 City of Virginia Beach.VA 14
F
Scenario 1B — Debt Capacity (cont.) BEACH'A
➢ Reference: Total New Debt Issued over next 10 years: $2.4 billion.
■ Average annual Tax-Supported Issuance of $150 million.
IN $876 million of debt in support of Flood Protection Program.
Fixed Costs Ratio Payout Ratio
25.0% 120.0%
20.0% 100.0%
80.0%
15.0%
60.0%
10.0% i10
40.0%
5.0%
H 20.0°k
0.0%
00� 1 OHO O 00$ 00O 030 03y 03ry O O 030 030 031 00 OHO OHO °
n. 'L 'L 'L rL rL 'L 'L 'L rL rL �L 'ti ti ti ti ti 0.0
`�jh
Existing Tax-Supported DS Projected Pension Cost LO �O y0 �O ,y0 �O �O �O �O �O �O 4O
Projected OPEB Cost Projected Charter DS Existing 10 Year +-^Projected 10 Year Payout Ratio
Projected PFRB DS iiiiiiiiiiiiiN Projected Flood DS Payout Ratio
-Fixed Costs Policy Limit(20%) -Minimum 10 Year Payout Ratio(50%)
® Estimated results are preliminary,subject to change.
DAVENPORT
PUBLIC FINANCE ��
December 12,2023 City of Virginia Beach.VA 15
CITY UP
Scenario 1B - Debt Affordability - BEACH A
Total proposed debt repaid by the General Fund: $780 million.
➢ Total proposed debt repaid by the Schools Fund: $415 million.
General Fund Schools Fund
$120,000,000 $80,000,000
$70,000,000
$100,000,000
$60,000,000
$80,000,000
$50,000,000
$60,000,000 $40,000,000
$30,000,000
$40,000,000
$20,000,000
$20,000,000
$10,000,000
0,�' Oh ti0 �1 ti� ry0 nj`Y n1`L �`3 ,�jP ,�j4J ,�j0 31 3� 30 �O D� h 0 '� 4� � O 'Y '1. `3 b h 0 '� � O
,y0 I f lO 1O I f I f le 10 1O lO 1p 10 10 1O ry0 1p �O 00 OP 00 00 00 00 03 03 03 03 03 O� O� O� 03101c, O�
Existing Debt Service Proposed Debt Service-FY 2024 Budgeted Debt Service Existing Debt Service Proposed Debt Service-FY 2024 Budgeted Debt Service
DAVENPORT ® Estimated results are preliminary,subject to change.
PUBLIC FINANCE �-
December 12. 2023 City of Virginia Beach,VA 16
C.ry ,F
VIRGINIA
Scenario iB - Debt Affordability (coast.) BEACH
Total proposed debt repaid by the TIP Fund: $340 million.
Total proposed debt repaid by the Parks Fund: $0.
TIP Fund Parks Fund
$70,000,000 $14,000,000
$60.000.000 $12,000,000
$50,000,000 $10,000,000
$40,000,000 $8,000,000
$30,000,000 $6,000,000
$20,000.000 $4,000,000
$10,000,000 $2,000,000
M
� ?'o � w o 0 yo �o yo yo yo yo yo �o yo yo �o �o do yo yo yo o� o� o� o� oti o� 03 03 0� 03 0� 03 0 03 03 0� o°
ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti
Existing Debt Service o Proposed Debt Service-FY 2024 Budgeted Debt Service Existing Debt Service f Proposed Debt Service-FY 2024 Budgeted Debt Service
DAVENPORTEstimated results are preliminary,subject to change.
11.)BUC FINANCE
December 12.2023 City of Virginia Beach,VA 17
CITv OF
Scenario 1B - Flood Affordability �H�A
➢ The projected revenue available (red-line) is projected to be sufficient to fund the Referendum Debt (green bar) and cash-
funded capital (gold bar).
➢ Assumes $876 million of debt issued in support of the Flood Protection Program. Under these assumptions, additional
revenue will need to be identified to repay the additional $310 million that is over and above the original $567.5 million.
$90,000,000
$80,000,000
$70,000,000
$60,000,000
$50,000,000
$40,000,000 NOON
$30,000,000
$20,000,000
$10,000,000
�� �C 3p 3ti 3� 3� 3t 3< 3I 3A 3Cb
Existing Debt Service o Referendum Debt
Cash-Funded Capital oAdditional Debt
—Projected Revenue Available�1�
DAVENPORT Estimated results are preliminary,subjectt b change.
® (1)FY 2024 and FY 2025 values provided by City Staff.Future revenues assumed to grow 3%annually.
PUBLIC FINANCE �S
December 12.2023 City of Virginia Beach.VA 18
Scenario 2 — Issuance Timing & Assumptions BEACH'A
Total Charter and PFRB debt (excluding flood) issued between FY 24 - 33 equals approximately $2.3
billion.
Average annual issuance (excluding flood) between FY 24 - 33 equals roughly $225 million.
FY Charter(1) PFRB(2) Flood Total
2024 $ 165,000,000 $ 80,000,000 $ 118,972,663 $ 363,972,663
2025 - 257,639,294 - 257,639,294
2026 182,820,635 - 149,998,264 332,818,899
2027 - 257,639,294 - 257,639,294
2028 182,820,635 - 298,529,073 481,349,708
2029 - 257,639,294 - 257,639,294
2030 182,820,635 - 274,758,184 457,578,819
2031 - 257,639,294 - 257,639,294
2032 182,820,635 - 34,426,201 217,246,836
2033 - 257,639,294 - 257,639,294
Total $ 896,282,541 $ 1,368,196,471 $ 876,684,385 $ 3,141,163,397
Note:See Appendix for Additional Priorities which includes Financing Type and Repayment Source.Funding allocated evenly over issuance FY25-33.
(1)Charter Bonds are repaid by the General Fund except for the following amounts which are repaid by Schools:$15m in FY24,$50m in FY26,28,30,and 32.
DAVENPORT (2)PFRB are repaid by the General Fund except for the following amounts which are either repaid by Schools or the TIP Fund.Schools:$40m in FY25,27,29,21,and 33.TIP Fund:
$80m in FY24,25,and 27.$101m in FY 29.
PUBLIC FINANCE �+
December 12,2023 City of Virginia Beach,VA 19
CITY OF
WMINIA
Scenario 2 — Debt Capacity BEACH
Reference: Total New Debt Issued over next 10 years: $3.1 billion.
* Average annual Tax-Supported Issuance of $225 million.
* $876 million of debt in support of Flood Protection Program.
Debt vs. Assessed Value Debt Service vs. Budget
3.5% 12.0%
3.0% 10.0%
2.5%
8.0%
2.0%
6.0%
1.5%
4.0%
1.0%
2.0%
0.5%
0.0% 0.0%
l p e 1 9 � " A lb C 3
� L4 � �1 1ry �5 31 4 1 1 10eelo1� lee1 10lele10, 103l03l03 10 10 10 1 10lf101� 1010 If
Existing Tax-Supported Debt vs.AV Projected Charter Debt vs.AV Existing Tax-Supported CIS vs.Budget Projected Charter DS vs.Budget
MEM Projected PFR B Debt vs.AV Projected Flood Debt vs.AV Projected PFRB DS vs.Budget Projected Flood DS vs.Budget
-Debt Policy Limit(3.0%) -Debt Service Policy Limit(10%)
DAVENPORTM Estimated preliminary,subject to change.
PUBLIC FINANCE P I
December 12.2023 City of Virginia Beach.VA 20
UTY OF
Scenario 2 — Debt Capacity (coast.)
�•� BEACH
➢ Reference: Total New Debt Issued over next 10 years: $3.1 billion.
■ Average annual Tax-Supported Issuance of $225 million.
■ $876 million of debt in support of Flood Protection Program.
Fixed Costs Ratio Payout Ratio
25.0% 120.0%
20.0% 100.0%
15.0% 80.0%
60.0%
10.0%
40.0%
5.0%
20.0%
0.0%
ti0 y0 ,y0 y0 y0 10 LO y0 00 �O �O ry0 y0 ry0 ry0 �O ry0 0.0%
L� 3
Existing Tax-Supported DS �Projected Pension Cost ti0 do y0 y0 10 ry0 �o ry0 l f`3ry 103�103R,Lo3y 103�103, 103�ry0c, yo
Projected OPEB Cost Projected Charter DS Existing 10 Year —*—projected 10 Year Payout Ratio
Projected PFRB DS Projected Flood DS Payout Ratio
—Fixed Costs Policy Limit(20%) —Minimum 10 Year Payout Ratio(50%)
Estimated results are preliminary,subject to change.
�
DAVENPORT ®
PUBLIC FINANCE
December 12.2023 City of Virginia Beach.VA 21
CrTv pp
VARGINIA
Scenario 2 — Debt Affordability ...- BEACH
Total proposed debt repaid by the General Fund: $925 million.
r Total proposed debt repaid by the Schools Fund: $575 million.
General Fund Schools Fund
$120,000,000 $80,000,000
$70.000.000
$100,000,000
$60.000.000
$80,000,000
$50,000,000
$60,000,000 $40,000,000
$30,000,000
$40,000,000
$20,000,000
$20.000.000
$10.000,000
$- $-
tia tih ti6 �'� ti� �0 ,�O nj'Y r�j`1' r�j`5 r7j0` njh r�j6 yj'1 nj0 Oe A O '1 0 0 O
,y0 10 ,LO 1 lO le rye rye l l 10 10 1O 1e le",rye ry0 00 O� O� O� 00 00 on' on' 03 03 0'' le':' O� on' 03 on' O�
'L `L `L �L `L ti ti `L rL ti ti `L `L ti ti `L
Existing Debt Service Proposed Debt Service-FY 2024 Budgeted Debt Service Existing Debt Service Proposed Debt Service-FY 2024 Budgeted Debt Service
Estimated results are preliminary,subjectto change.
DAVENPORT
PUBLIC FINANCE ' -
December 12.2023 City of Virginia Beach.VA 22
VIRGINIA
Scenario 2 - Debt Affordability (coast.) BEACH
➢ Total proposed debt repaid by the TIP Fund: $650 million.
➢ Total proposed debt repaid by the Parks Fund: $112 million.
TIP Fund Parks Fund
$70,000,000 $14,000,000
$60,000,000 $12,000,000
$50,000,000 $10,000,000
$40,000,000 $8,000,000
$30,000,000 $6,000,000
$20,000,000 $4,000,000
$10,000,000 $2,000,000
1 �� ti0 30 3ti �L ��j �p 3� 3� 3^ ", 50� lO A h 0 1 'b O Y 'L b D h ro 1 `b O O
ry0 ry0 �O �O �O ry0 �O �O �O ry0 ry0 ry0 �O ry0 Off' Off' 00' OD' 00' Off' O� O� 03 03 03 03 03 Ob 03 O5 Off`
Existing Debt Service ®Proposed Debt Service-FY 2024 Budgeted Debt Service Existing Debt Service Proposed Debt Service-FY 2024 Budgeted Debt Service
DAVENPORT ® Estimated results are preliminary,subject to change.
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 23
VIRGINIA
Scenario 2 — Flood Affordability (same as Scenario 1B) BEACH
----------
➢ The projected revenue available (red-line) is projected to be sufficient to fund the Referendum Debt (green bar) and cash-
funded capital (gold bar).
➢ Assumes $876 million of debt issued in support of the Flood Protection Program. Under these assumptions, additional
revenue will need to be identified to repay the additional $310 million that is over and above the original $567.5 million.
$90,000,000
$80,000,000
$70,000,000
$60,000,000
$50,000,000
$40,000,000
$30,000,000
$20,000,000
$10,000,000
10 A 1b
dl� p-
rp rV T T rp rp r� T r T ry
Existing Debt Service Referendum Debt
==Cash-Funded Capital Additional Debt
-Projected Revenue Available
Estimated results are preliminary.subject to Change.
DAVENPORT (1)FY 2024 and FY 2025 values provided by City Staff.Future revenues assumed to grow 3%annually.
PUBLIC FINANCE December 12.2023 City of Virginia Beach.VA 24
CITY OF
ConcludingBEACH Observations MINIA
BEACH
r Based on current assumptions, the City currently has the debt capacity to issue roughly $150 million per
year (excluding Flood) in a financially responsible and sustainable manner. From a debt affordability
standpoint, current revenue projections are sufficient over the next 5+ years. Additional revenue will need
to be identified after that time period.
Under the current assumptions, additional revenue will need to be identified to repay the additional $310
million that is over and above the original $567.5 million. The revenue dedication for the Flood Protection
Program is projected to be sufficient to fund the $567.5 million of debt.
The City has additional debt capacity, however, the repayment of the incremental additional debt (i.e. debt
affordability) will need to be pro-actively addressed during the annual budget process.
To the extent City Council wishes to move forward with additional capital projects over and above the
Adopted FY 24 - 29 CIP, the City will need to identify additional revenues for the repayment of debt
service.
r Davenport, in concert with the City's Senior Administration, will continue to monitor and evaluate the City's
debt capacity and debt affordability as City Council determines its capital funding priorities.
DAVENPORT ,
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 25
VIRGINIA
Next Steps BEACH
Date Event/Task
December 12, 2023 Davenport Comprehensive Debt Management briefing to City Council.
Balance of 2023 City Council to provide feedback and request any supplemental additional information
from City Staff and Davenport.
Early Calendar Year 2024 City Council to evaluate capital funding priorities and goals during the FY 2025 Budget and
Capital Improvement Program process.
First Qtr. of Calendar Year 2024 Update the National Credit Rating Agencies in anticipation of the planned debt issuances.
Balance of FY 2024 Sell Bonds via the Public Credit Markets.
DAVENPORT
PUBLIC FINANCE -
December 12.2023 City of Virginia Beach,VA 26
CITY OF
V- ,R,- I VIRGINA
13EACH
Appendix
DAVENPORT ,
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 27
6GI INIA
Tax-Supported Borrowing Programs BEACH
The City has two credit types for issuing Tax-Supported debt. These include Charter Bonds (i.e. General
Obligation Bonds) and Public Facility Revenue Bonds.
The City has several funds which serve as a repayment source for Tax-Supported Debt:
1) General Fund;
2) School Fund;
3) Parks & Recreation SRF;
4) Tourism Investment Program ("TIP");
5) Central Business District South TIF;
6) Open Space SRF; and,
71) Flood Protection Program.
r The analysis herein purposely does not include Water & Sewer or Stormwater Debt (i.e. self-supporting
utility enterprise funds).
DAVENPORT ,M
PUBLIC FINANCE _
December 12,2023 City of Virginia Beach.VA 28
VIRGINIA
Existing Tax-Supported Debt Profile ---- BEACH
r The City's Tax-Supported debt currently totals roughly $800 million. It is repaid rapidly (i.e. 10-year payout
ratio of approximately 77%).(2)
The City's Water and Sewer Enterprise Fund and Stormwater Utility Enterprise Fund are both self-
supporting Utility Enterprise Funds that do not rely on the General Fund support. As such, they do not
count against the City's "Tax-Supported" debt ratios.
Tax-Supported Debt Profile(') FiscalYear Principal Interest Total
Total $802,638,472 $189,072,465 $ 991,710,937
U) $140.0 2024 94,304,239 32,128,836 126,433,075 12%
0 2025 83,710,117 27,829,502 111,539,620 22%
$120.0 2026 74,241,103 23,878,940 98,120,043 31%
$100.0 2027 68,955,666 20,419,189 89,374,854 40%
2028 64,564,719 17,107,346 81,672,065 48%
$80.0 2029 53,858,814 14,469,763 68,328,578 55%
2030 50,098,814 12.053,319 62,152,134 61%
$60.0 2031 47,090,000 9,886,581 56,976,581 67%
2032 42,475,000 8,100,969 50,575,969 72%
$40.0 2033 39,785,000 6,491,144 46,276,144 77%
2034 37,810,000 5,059,625 42,869,625 82%
$20.0 2036 255,910,000 2,824,313 28,734,313 89%
$- 2037 22,845,000 2,078,206 24,923,206 92/°
N o h 't � "TN N N CNN mm CO M m c m COC m 2038 21,920,000 1,437,925 23,357.925 94%
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2039 17,585,000 889,700 18,474,700 97%
2040 17,585,000 480,125 18,065,125 99%
■Principal O Interest 2041 4,745,000 142,250 4,887,250 99%
2042 4,740,000 47,400 4,787,400 100%
(1) Tax-Supported Debt includes Charter and Public Facility Revenue Bonds.Excludes ARP.
(2) Payout Ratio is equal to the amount of principal repaid over the next 10 years divided by current principal outstanding.
DAVENPORT ® Source:Official Statements and documents provided by City Staff.
PUBLIC FINANCE %&
December 12,2023 City of Virginia Beach,VA 29
VIRGINIA
Funding Sources for Flood Protection Program BEACH
A B C D E F G = sum(B:F)
Stormwater Utility Bond Referendum Funding Source Bond Referendum
FY Grant Funding Fund (Cash) Not Yet Specified (Bond Proceeds) Total
Exp. To Date $ 7,389,428 $ 121,298,065 $ 2,476,465 $ - $ 13,817,790 $ 144,981,748
2024 3,362,201 50,946,155� 1,523,535 303,747 29,551,128 85,686,766
2025 21,093,385 14,431,305 - 1,984,470 73,315,528 110,824,688
2026 17,521,491 298,335 - 6,107,200 64,127,138 88,054,164
2027 - 9,857,849 - 5,387,631 74,376,295 89,621,775
2028 - 4,577,268 - 25,713,734 112,955,896 143,246,898
2029 - 3,359,917 - 107,254,683 64,544,161 175,158,761
2030 - - - 97,680,049 66,822,173 164,502,222
2031 - - - 48,895,742 49,420,819 98,316,561
2032 - - - 15,685,560 16,177,586 31,863,146_
2033 - - - 1,378,719 1,184,336 2,563,055
Total $ 49,366,505 $ 204,768,894 $ 4,000,000 $ 310,391,535 $ 566,292,850 $ 1,134,819,785
Net Financing Need
DAVENPORT , Source:Jacobs Engineering and City Budget Staff.
PUBLIC FINANCE �
December 12,2023 City of Virginia Beach,VA 30
VIRGINIA
Potential Capital Priorities Over & Above the FY 24 — 29 CIP* BEACH
r Order of magnitude estimates for discussion purposes:
Project Name (Alphabetical) Repayment Source Planning Estimate Financing Type
Aquarium TIP Fund $ 250,000,000 PFRB
Courthouse General Fund 30,000,000 Charter
LETA General Fund 32,000,000 Charter
Rec Center Modernization Parks & Rec Fund 112,000,000 PFRB
Rudee Loop TIP Fund 60,000,000 PFRB
School Modernization Schools Fund 160,000,000 PFRB
VB Trail General Fund 72,000,000 Charter
Voter Registrar General Fund 14,000,000 Charter
Total $ 730,000,000
*Note:The above estimates are for preliminary,order of magnitude discussion purposes.The potential Convention Center Replacement project is not included
in the projects above.Additionally,the potential Coastal Resilience project is not included in the projects above.For perspective,Norfolk's Coastal Resilience
DAVENPORT ® Plan is$2 6 billion of which 65%is from Federal funding.
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 31
CITY 0,
Peer Comparative I Debt vs. Full Value BEACNIA
BEACH
Direct Net Debt as % of Full Value
�I.
Virginia Beach 1.1
National Aaa Cities Median
Virginia Aaa Counties Median 1.3
Virginia Aaa Cities Median 1.8
Falls Church 3.7
Suffolk 2.3
Virginia 'Aaa' Fairfax 1.9
Cities (Moody's)
Alexandria 1.7
Current City Policy
Chesapeake 1.0
Charlottesville 0.8
0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0
Percent(%)
DAVENPORT ® Source:Moody's MFRA Database as of 06/30/21.Virginia Beach figure as of FY 2024.
PUBLIC FINANCE FS 4
December 12,2023 City of Virginia Beach.VA 32
CITY OF
Peer Comparative I Debt Service vs. Expenditures BEACHIA
BEACH
Debt Service as % of Operating Expenditures
Virginia Beach 5.8
National Aaa Cities Median 12.0
Virginia Aaa Counties Median 7.9
Virginia Aaa Cities Median 9.0
Falls Church 14.2
Fairfax 9.0
Virginia 'Aaa' Suffolk 9.0
Cities (Moody's)
Alexandria 8.9
Current City Policy
Charlottesville 5.9
Chesapeake 5.0
0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0
Percent(%)
DAVENPORT ® Source:Moody's MFRA Database as of 06/30/21.Virginia Beach figure as of FY 2024.
December 12,2023 City of Virginia Beach.VA 33
CITY OP
Peer Comparative I Unassigned FB vs. Revenues A BEACHIA
BEACH
Unassigned Fund Balance as % of Revenue
Virginia Beach 10.0 Current Policy: 89/0 to
12% of the following
National Aaa Cities Median 16.4 year's projected
revenues.
Virginia Aaa Counties Median 11.2
Virginia Aaa Cities Median 18.7
Suffolk 34.3
Falls Church 21.2
Virginia 'Aaa' Charlottesville 19.6
Cities (Moody's) Fairfax 17.8
Alexandria 12.4
Chesapeake 12.2
0.0 5.0 10.0 15.0 20.0 25.0 30.0
Percent(%)
DAVENPORT ® Source:Moody's MFRA Database as of 06/30/21.Virginia Beach figure as of FY 2023.
PUBLIC FINANCE
December 12,2023 City of Virginia Beach,VA 34
CITY OF
Peer Comparative I Available FB vs. Revenues BEACHIA
BEACH
Available GF Fund Balance as % of Revenue
Virginia Beach 24.5
National Aaa Cities Median 30.0
Virginia Aaa Counties Median 33.0
Virginia Aaa Cities Median 35.0
Chesapeake 53.4
Suffolk 52.6
Virginia 'Aaa' Falls Church 36.5
Cities (Moody's)
Charlottesville 33.5
Alexandria 26.2
Fairfax 22.5
0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0
Percent(%)
DAVENPORT ®source:Moody's MFRA Database as of 06/30/22.
PUBLIC FINANCE � 4
December 12,2023 City of Virginia Beach,VA 35
_ L
VIRGINIA
Historical Debt Service vs. Government Expenditures •-z• BEACH
Historical Debt Service to Government Expenditures
12.00%
10.00%
8.00%
8.2o°i° 8.2o°r°
7.70% 7.80%6.00%
7.70%
7.40% 7.30%
6.80%
4.00%
2.00%
0.00%
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Debt Service vs.Government Expenditures -Policy(10%)
DAVENPORT ®N Source:ACFRs and City Finance Staff.
PUBLIC FINANCE
December 12,2023 City of Virginia Beach.VA 36
CITY OF
VIRGINIA
Disclaimer 13EAGH
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PUBLIC FINANCE _
December 12,2023 City of Virginia Beach,VA 37
22
CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS
ITEM#750 78
2:41 P.M.
Mayor Dyer congratulated City Manager Duhaney on receiving the LocalSmart Award for Executive of the
Year and advised it takes a lot of hard work to run a City of this size and expressed his appreciation to Mr.
Duhaney and his staff for making Virginia Beach the great City that it is.
December 12, 2023
23
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#75079
(Continued)
Council Member Berlucchi advised the Human Rights Commission (HRC)will host the 28`"Annual Award
Ceremony on Thursday, December 140 at 6:00 P.M. to recognize HRC Commissioners and local
organizations. Council Member Berlucchi advised it is important to respect each other's human rights and
acknowledge shared humanity.
December 12, 2023
24
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#75080
(Continued)
Vice Mayor Wilson advised the Southside Network Authority(SNA)met last Friday and provided an update
on the progress made with forty-three(43)miles now built and are a third of the way to being complete by
next year.
December 12, 2023
25
CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS
ITEM#75081
(Continued)
Council Member Henley provided an update from her previous comments regarding the condition of the
Brown cemetery in the Princess Anne Meadows neighborhood, advising the Sheriffs Department has
approval to move forward with helping to clean the cemetery.
December 12, 2023
26
CITY COUNCIL DISCUSSIONANITLITIVES/COMMENTS
ITEM#75082
(Continued)
Council Member Henley referenced the Dominion Energy presentation provided to the Body last week and
expressed her concern with the onshore portion of the project and the impact the work will have on the
area along the ten(10)miles of where transmission lines will be installed. Council Member Henley advised
the clearing of the area will begin in January and must be completed by April 15th and would like to see a
mitigation plan developed quickly by using the P-Million in funding that Dominion Energy provided.
Council Member Henley advised she briefed the Green Ribbon Committee, Open Space Advisory
Committee and Transition Area/Interfacility Traffic Area Citizens Advisory Committee and there is a lot of
interest to assist in developing a plan. Council Member Henley expressed she is hopeful to have a
mitigation plan she can use to provide updates and information.
Council Member Henley advised she is particularly concerned with the area between Dam Neck and
London Bridge Roads in the Mayberry and Prince George Estates neighborhoods where a road will be
built between them for the Amazon development. Council Member Henley advised those neighborhoods
will be impacted by both projects.
Vice Mayor expressed her appreciation to Council Member Henley for her comments and advised Amazon
has been responsive to citizen concerns, however;it has been difficult for those in the Mayberry and Prince
George Estate neighborhoods to deal with. Vice Mayor Wilson advised when the work started,the residents
had problems with dust covering their homes and getting in their HVAC systems,flooding from the rain
and noise from the construction trucks early in the morning. Vice Mayor Wilson described a curve in the
road which prevents residents from seeing very far as they exit the neighborhood and is hopeful to see their
request granted for a traffic light to be installed soon.
December 12, 2023
27
CITY COUNCIL DISCIISSIONANITIATIVES/COMMENTS
ITEM#75083
(Continued)
Council Member Schulman advised yesterday, he rode with Chief Stroud from the Ocean Park Rescue
Squad and though there were not any calls for service, he advised he learned more about how they work
with the City to respond to calls and expressed his appreciation for all of the service provided by
professional volunteers.
December 12, 2023
28
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#75084
(Continued)
Council Member Schulman expressed his appreciation to Senators Warner and Kane for their support of
the Bipartisan Infrastructure Law and announcing the award$14.9-Million to the City for the Virginia
Beach Trail. It is significant and great to have support at the government level for pedestrian safety and
connectivity. Council Member Schulman also expressed his appreciation to Walter Camp, Chair of the
Active Transportation Advisory Committee for drawing attention and awareness to connectivity along the
Bayfront.
December 12, 2023
29
CITY COUNCIL DISCUSSIONANITWIVES/COMMENTS
ITEM#75085
(Continued)
Council Member Taylor advised U. S. News published the ranking for best schools in the state, and while
there were several City schools recognized, he wanted to specifically recognize Kingston Elementary
School in District 8 who ranked#1 and Old Donation School ranking#2. Council Member Taylor advised
Old Donation School also ranked#1 for Middle Schools with Lynnhaven Middle and Cox High Schools
also making the list. Council Member Taylor expressed his appreciation to the students,parents, teachers
and administrators.
December 12, 2023
30
CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS
ITEM#75086
(Continued)
Council Member Berlucchi congratulated Council Member Ross-Hammond as one of the 2023 Women in
Business Honorees for her achievement in business and the impact she has had in the community.
December 12, 2023
31
CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS
ITEM#7508 7
(Continued)
Council Member Wooten advised she will host a Town Hall meeting regarding the Hampton Roads
Recovery Center, on December 20"from 6:30—8:00 P.M. at Brandon Middle School and expressed her
appreciation to the Communications staff for expediting her request for flyers.
Council Member Wooten further advised that Elizabeth Mills, Vice President of Seatack Civic League,
passed away and expressed her deepest condolences. Council Member Wooten advised she remembers her
as a kind and strong leader for the Seatack community, expressing she will be missed.
December 12, 2023
32
AGENDA REVIEW SESSION
ITEM#75088
3:00 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCESIRES OL UTION
1. Ordinance to AUTHORIZE an Amendment of a Sponsorship Agreement for a festival to be held
April 26-28, 2024, and to AUTHORIZE a Sponsorship Agreement for May 31-June 2, 2024, and
PROVIDE direction to the City Manager re the 2025 Festival Season
2. Resolution to ESTABLISH the Short-Term Rental Enforcement Task Force (Requested by Mayor
Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, Schulman,
Taylor, and Wooten)
3. Ordinance to AUTHORIZE the Dedication of a 9,708 square feet(0.223 acres) Utility Easements
to Dominion Energy Virginia on City-owned properties at 2283, 2285 and 2287 Landstown Road
re install and maintain underground cable for electric facilities to reduce power outrages
4. Ordinance to AUTHORIZE the Dedication of a 323 square feet(0.007 acres) Utility Easement to
Dominion Energy Virginia on City-owned property at 4200 North Witchduck Road re
underground and maintain facilities that provide electric service to the Pump Station to reduce
power outages
5. Ordinance to AUTHORIZE the Dedication of a 1,253 square feet(0.0288 acres) Utility Easement
to Dominion Energy Virginia on City-owned property at 2401 Plantation Drive re underground
and maintain facilities that provide electric service to the Pump Station to reduce power outages
6. Ordinance to AUTHORIZE the Dedication of a 213 square feet(0.005 acres) Utility Easement to
Dominion Energy Virginia on City-owned property at 3030 Bray Road re underground and
maintain facilities that provide electric service to the Pump Station to reduce power outages
7. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Commonwealth of
Charities
8. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re K inia Beach Recovery
Club,Inc
9. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Hospice House of
Hampton Roads
10. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Only His Grace, Inc
December 12, 2023
33
AGENDA REVIEW SESSION
ITEM#75088
(Continued)
11. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Skilled Foundations
12. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Speak Up for a Change
13. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation(ARP)easement
from Muddy Creek Farms, LLC (143.38 +/- acres), the issuance by the City of its contract
obligations in the maximum principal amount of$2,025,959 and TRANSFER funds to purchase
U.S. Treasury Strips
14. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for
up to five (5) years at Virginia Beach Farmer Markets, Building 2, Space 12 re The Country
Butcher Shop,Inc
15. Ordinance to ACCEPT and APPROPRIATE$196,004 from the State Compensation Board to the
FY 2023-24 Clerk of Circuit Court Operating Budget re salary increase
K. ORDINANCESIRESOL UTION:
COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM W
VICE MA YOR WILSON WILL ABSTAIN ON ITEMS 0, 4, 5, 6
December 12, 2023
34
AGENDA REVIEW SESSION
ITEM#75088
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. RUFFIN 86, LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish
three(3)dwelling units to construct one single family dwelling at 109 A &B 86th Street&8600
Ocean Front Avenue DISTRICT 6
2. BONNEY BRIGHT SAND CO. /BONNEY G. BRIGHT for a Modification of Conditions to a
Conditional Use Permit re borrow pit expansion at 200 Princess Anne Road DISTRICT 2
3. "BERLY CARTER/LONGBAY POINT PARTNERS, LLC for a Modification of Conditions
to a Conditional Use Permit re assembly use at 2105 West Great Neck Road DISTRICT 8
4. MICHAEL D.SIFEN,INC/ROBERT W. WHITE JR. &ET AL,ROBERT W. WHITE JR.for
a Conditional Chan-ae of Zoning from AG-1 & AG-2 Agricultural Districts to Conditional R-10
Residential District re develop a 38-lot single-family subdivision at 2000& 2004 Princess Anne
Road DISTRICT 2
5. ANNA CASTILLO-LORA/WINDSOR OAKS WEST PAR 3,LLCfor a Conditional Use Permit
re assembly use at 4356 Holland Road, Suite 101 DISTRICT 3
6. Ordinance to AMEND Section 1804 of the City Zoning Ordinance (CZO) re Discretionary
Development Applications
7. Ordinance to AMEND Sections 237 and 901 of the City Zoning Ordinance(CZO)re use of mini-
warehouses in the B-4C Zoning District
L. PLANNING ITEMS.
ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO JANUARY 2,2024
COUNCIL MEMBER TAYLOR WILL ABSTAIN ON ITEM#4
COUNCIL MEMBER HENLEY WILL VOTE VERBAL NA Y ON ITEM#6
COUNCIL MEMBER TAYLOR WILL VOTE VERBAL NAYONITEM#7
December 12, 2023
35
ITEM#75089
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• District 2
• District 4
• District 9
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3 711(A)(29)
• Project Football
• Canopy Project
• Air Rail Commerce Park
• Veterans Administration Project
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of speck public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees,Authorities,Agencies and Appointees
December 12, 2023
36
ITEM#75089
(Continued)
Upon motion by Council Member Ross-Hammond, seconded by Council Member Berlucchi, City Council
voted to proceed into CLOSED SESSION at 3:15 P.M.
Voting: 9-0
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, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Absent:
Chris Taylor stepped out during vote
Closed Session 3:15 P.M. — 3:23 P.M.
Break 3:23 P.M. — 3:35 P.M.
Closed Session 3:35 P.M. — 5:34 P.M.
December 12, 2023
37
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
DECEMBER 12,2023
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, December 12, 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 Terrance Livingston, Shadowlawn 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 341h Street Suite 102,
Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of
Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest
in numerous matters in which she is not personally involved and of which she does not have personal
knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for
each meeting of City Council for the purpose of identifying any matters in which she might have an actual
or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies
a matter in which she has a 'personal interest," as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
December 12, 2023
38
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.
December 12, 2023
39
V.F
CERTIFICATION
ITEM#75090
Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, 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
*Council Member Schulman stepped out during the discussion of Publicly Contract—Project Football
(4:34—5:38 P.M.) due to a conflict of interest.
*Council Member Remick stepped out during the discussion of Public Contract Air Rail Commerce Park
(4:25—4:38 P.M.) due to a conflict of interest:
December 12, 2023
U,p I
94 �lt hti
F OUR NPZ`0
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#75089 on Page 36 and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
nwnk/ -
4941a`Bilrnes, uc
City Clerk
December 12, 2023
40
ITEM— V GJ
MAYOR'S PRESENTATION
ITEM#75091
RESOLUTION IN RECOGNITION
NORFOLK ACADEMY FIELD HOCKEY
On behalf of Mayor Dyer, Council Member Berlucchi welcomed the players and coaches of the Norfolk
Academy Field Hockey team and read the Resolution commending the team on winning the state
championship this year.
On behalf of the team, the team captains expressed their appreciation to City Council for this recognition
and expressed their pride in the team for the hard work each member put in all year to achieve the title for
state champions and the number two ranking in the country.
December 12, 2023
o�4G,��B�cyL'
2
SO � tr
F
Or OUR NRTa
RESOLUTION
WHEREAS:The Norfolk Academy Field Hockey team won the Virginia Independent Schools Athletic Association(VISSA)
State Championship on Saturday,November 11,2023;and
WHEREAS: The 2023 Norfolk Academy Field Hockey team is also the Tidewater Conference of Independent Schools
(TCIS)Regular and Tournament Champions;and
WHEREAS:Norfolk Academy Field Hockey earned an UNDEFEATED 2023 season,with a 23-0 record,and
WHEREAS:Norfolk Academy Field Hockey scored 189 goals in the 2023 season;and
WHEREAS:Only 12 goals were scored against them;and
WHEREAS:The majority ofplayers and the Head Coach reside in the City of Virginia Beach;and
WHEREAS:The Norfolk Academy Field Hockey team Head Coach is Mary Werkheiser and Assistant Coaches are Laura
Gibson and Catherine McCallum;and
WHEREAS:Coach Werkheiser joined Norfolk A cademy's Field Hockey program in 1989 and became head coach in 1995;
and
WHEREAS: The 2023 Virginia Independent Schools Athletic Association (VISSA) State Championship State
Championship is the 5'°Championship Norfolk Academy Field Hockey has earned under Coach Werkheiser's leadership;
and
WHEREAS:Coach Werkheiser was inducted into the USA Regional Field Hockey Training Center Ring of Honor in 2019;
and
WHEREAS:Norfolk Academy's Director of Athletics is Chad Byler and Head of School is Travis Larrabee;and
NOW THEREFORE, BE IT RESOLVED: The members of City Council, both individually and collectively hereby
commend the Norfolk Academy Field Hockey team for their commitment,efforts,and achievement on and off the field and
congratulate each member of the team,Head Coach Mary Werkheiser,Assistant Coaches Laura Gibson and Catherine
McCallum,Director ofAthletics Chad Byler,Head of School Travis Larrabee,and the entire Norfolk Academy community..
Adopted by the City Council of the City of Virginia Beach the 12't'day of December 2023 andpresent this Resolution duly
signed by each Member of the Virginia Beach City Council.
1/5 ,t, P.
Council Member Michael F.Berlucchi Council Member Barbara M.Henl
efl
79WA._
Counc e'm,beerr,R.obbert W "Worth"Remick Council Member Amelia N.Ross-Hammond Uncil� ember Jen er Rouse
Council Member Joashua F.'Joash"Schulman Council Mehtr Chris Taylor ouncil ber Sa 'na D.Wooten
Vice Mayor Adsemary Wilson Mayor Robert M. "Bobby"Dyer
41
ITEM— V.JI
FORMAL SESSION AGENDA
ITEM#75092
Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the
City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items.
The City Clerk called the following registered speakers:
Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke to request Ordinance K.1, be
deferred until the 90-Day Festival Task Force completes their recommendations
Tasos Tsolakis, 2948 Buccaneer, Phone: 651-4834, spoke in OPPOSITION to Planning Item L.3
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT,Agenda Items Ordinances/Resolution K. 1,2,3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15
and Planning Items L: ](DEFERRED TO JANUARY2, 2024),2,3, 4, 5, 6 and 7
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
December 12, 2023
42
ITEM— V.KI
ORDINANCES/RESOLUTION
ITEM#75093
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
AS AMENDED,BY CONSENT, Ordinance to AUTHORIZE an Amendment of a Sponsorship Agreement
for a festival to be held April 26-28, 2024, and to AUTHORIZE a Sponsorship Agreement for May 31-
June 2, 2024, and PROVIDE direction to the City Manager re the 2025 Festival Season
Voting: 9-0
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 and Vice Mayor Rosemary
Wilson
Council Members Abstaining:
Sabrina D. Wooten
Council Members Absent:
None
December 12, 2023
1 AN ORDINANCE TO AUTHORIZE THE AMENDMENT OF A
2 SPONSORSHIP AGREEMENT FOR A FESTIVAL TO BE
3 HELD APRIL 26-28, 2024, TO AUTHORIZE A
4 SPONSORSHIP AGREEMENT FOR A FESTIVAL TO BE
5 HELD MAY 31-JUNE 2, 2024, AND TO PROVIDE
6 DIRECTION TO THE CITY MANAGER REGARDING THE
7 2025 FESTIVAL SEASON
8
9 WHEREAS, on August 15, 2023, the City Council authorized the City Manager to
10 enter into a sponsorship agreement with Audacy Virginia, LLC, for a fall music festival;
11
12 WHEREAS, due to timing constraints, the fall music festival was placed on hold;
13 and
14
15 WHEREAS, separately, the City received notice that the Something in the Water
16 Festival in 2024 cannot be held on its customary date of Week 17, which makes the
17 weekend available for programming and allows previously allocated funding in the
18 Tourism Investment Program (TIP) Fund to be redeployed for other projects;
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA, THAT:
22
23 1. The August 15, 2023, action of the City Council is hereby amended to authorize
24 the City Manager to execute a sponsorship agreement with Audacy Virginia, LLC,
25 in a form acceptable to the City Manager and approved by the City Attorney for a
26 music festival to be held April 26-28, 2024. A summary of proposed terms is
27 attached hereto as Exhibit A.
28
29 2. From funds previously set aside in the FY2023-2024 TIP Fund for a sponsorship
30 of Something in the Water, the City Council hereby authorizes the City Manager to
31 execute a sponsorship agreement with Integrated Management Group, LLC, doing
32 business as IMGoing, in a form acceptable to the City Manager and approved by
33 the City Attorney for a festival to be held May 31-June 2, 2024. A summary of the
34 proposed terms is attached hereto as Exhibit B.
35
36 3. The City Manager is hereby directed to undertake a competitive process for the
37 2025 festival season. The City Manager shall provide the City Council with a
38 written report outlining the process and the requirements in advance of the posting
39 of the solicitation.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of
December, 2023.
APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY
Conve ion a d Visitors Bureau Lleeg's office
CA16386 / R-1 December 7, 2023
EXHIBIT A
SUMMARY OF SPONSORSHIP
Purpose: To have a music festival(the"Festival")the weekend of April 26-28,2024,at the
Oceanfront using the 31`Street beach area with a stage facing south.
Parties: City of Virginia Beach("City")and Audacy Virginia,LLC("Producer")
City Financial Sponsorshi:
$750,000 that was previously approved and appropriated on August 15, 2023, from the TIP Fund.
The$750,000 will be paid upon the execution of the sponsorship agreement.
City In-Kind Contributions:
City Public Safety and Public Works personnel already programmed for College Beach Weekend,
which is estimated to be approximately$590,000.Nothing in the sponsorship agreement may limit
the City's discretion to staff and deploy City personnel or other City resources.
Responsibilities of the Producer:
The Producer will provide$750,000 in dedicated media buy to be used in calendar 2024 by the
City in tourism markets as identified by the City.
The Producer will create a festival with the general outline as follows:
o Pop or rock music format that will draw patrons from across the Mid-Atlantic
Region;
o Include community partnerships and programming for the 17'and 24'Street
parks; and
o Spend approximately$1.5 million in advertising to promote the three-day
Festival on Audacy platforms throughout the Mid-Atlantic and traditional
Virginia Beach tourism feeder markets.
Provide Festival attendance and sponsor information for safety/security and economic impact
purposes. Provide a high-level budget for the Festival including the following categories:
marketing;production;talent; operations; and security.
Limitations:
The City's financial sponsorship shall not be used for religious worship, instruction, or
proselytizing.
EXHIBIT A—ALTERNATIVE VERSION
SUMMARY OF SPONSORSHIP
Purpose: To have a music festival(the"Festival")the weekend of April 26-28,2024,at the
Oceanfront using the 31It Street beach area with a stage facing south.
Parties: City of Virginia Beach("City")and Audacy Virginia,LLC("Producer")
City Financial Sponsorship:
$750,000 that was previously approved and appropriated on August 15, 2023, from the TIP Fund.
The$750,000 will be paid upon the execution of the sponsorship agreement.
City In-Kind Contributions:
City Public Safety and Public Works personnel already programmed for College Beach Weekend,
which is estimated to be approximately$590,000.Nothing in the sponsorship agreement may limit
the City's discretion to staff and deploy City personnel or other City resources.
Responsibilities of the Producer:
The Producer will provide$750,000 in dedicated media buy to be used in calendar 2024 by the
City in tourism markets as identified by the City.
The Producer will create a festival with the general outline as follows:
o Popular music(Pop,R&B,Rap,Contemporary)format that will draw patrons
from across the Mid-Atlantic Region;
o Include community partnerships and programming for the 17t'and 241'Street
parks; and
o Spend approximately$1.5 million in advertising to promote the three-day
Festival on Audacy platforms throughout the Mid-Atlantic and traditional
Virginia Beach tourism feeder markets.
Provide Festival attendance and sponsor information for safety/security and economic impact
purposes. Provide a high-level budget for the Festival including the following categories:
marketing;production;talent; operations; and security.
Limitations:
The City's financial sponsorship shall not be used for religious worship,instruction, or
proselytizing.
G1N�'B4C
04
City of Virginia Beach
w X..
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OF OUR
VBgov.com
December 12,2023
Sabrina D.Wooten CELL:(757)797-5625
Council Member P.O.Box 6665
District 1-Centerville VIRGINIA BEACH,VA 23456
EMAIL:swooten@vbgov.com
Refer to File No. 0085701
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the ordinance to authorize the amendment of a sponsorship agreement for
a festival to be held April 26-28, 2024, to authorize a sponsorship agreement for a
festival to be held May 31-June 2, 2024, and to provide direction to the City
Manager regarding the 2025 festival season.
2. The ordinance authorizes the City Manager to execute a festival sponsorship
agreement with Integrated Management Group, LLC (d/b/a IMGoing). IMGoing
disclosed that Atlantic Union Bank is a financial services provider with respect to
the festival. I have business dealings with Atlantic Union Bank,which has multiple
locations in Virginia Beach, including at 5472 Indian River Road, Virginia Beach,
Virginia 23464.
3. I will abstain from voting on this matter.
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,
wtg-
Sabrina D. Wooten
Councilmember
SDW/RRI
43
ITEM— V.K.2
ORDINANCESIRESOL UTION
ITEM#75094
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Resolution to ESTABLISH the Short-Term Rental Enforcement Task Force (Requested
by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi,Remick,Ross-Hammond, Schulman,
Taylor, and Wooten)
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
December 12, 2023
REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND
COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, SCHULMAN,
TAYLOR AND WOOTEN
1 A RESOLUTION ESTABLISHING THE SHORT TERM
2 RENTAL ENFORCEMENT TASK FORCE
3
4 WHEREAS, the City's Zoning Ordinance regulates short term rentals, and the
5 taxation chapter of the City Code addresses the transient occupancy tax with respect to
6 short term rental operators;
7
8 WHEREAS, enforcement of the City Code provisions has been challenging due to
9 the nature of short term rentals and the fact that, under state law and the City ordinances,
10 short term rental properties are subject to different requirements based on their location
11 and their grandfathered status, or they may be prohibited;
12
13 WHEREAS, during the November 28, 2023, City Council workshop, City staff gave
14 a public presentation that addressed, among other things, short term rental properties
15 that are not compliant with City Code requirements or that are only partially compliant
16 with those requirements;
17
18 WHEREAS, the City Council would benefit from having a task force review the
19 challenges to regulatory enforcement and recommend to the City Council steps that the
20 City could take to improve compliance, as well as recommendations for how the City's
21 limited number of enforcement employees could best prioritize their enforcement efforts;
22 and
23 WHEREAS, the task force could also consider City recognition of short term rental
24 owners who comply with all short term rental regulations as a positive reinforcement and
25 as a form of recognition that could inventive potential guests to choose their short term
26 rental;
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA, THAT:
30
31 1. The City Council hereby establishes the Short Term Rental Enforcement Task
32 Force.
33
34 2. The task force shall serve in an advisory capacity to the City Council, and the
35 City Council shall appoint its members.
36
37 3. The task force shall consist of eight voting members.
38
39 4. The City Manager shall provide staff support to the task force, including
40 representatives of the Planning Department and an employee of the City Manager's
41 Office with legislative expertise, and one or more members of the City Attorney's Office
42 shall provide legal support. The Commissioner of Revenue is asked to support the task
43 force by having a representative attend task force meetings.
44
45 5. The task force shall study the many aspects of short term rental enforcement
46 and registration, including grandfathered properties, and recommend to the City Council
47 ways in which enforcement and registration could be improved, including prioritization of
48 enforcement efforts and consideration of City recognition of short term rental owners who
49 are fully compliant with all short term rental regulations.
50
51 6. Given the complexity of short term rental enforcement, this resolution does not
52 impose a deadline for the work of the task force, but because the regulation of short term
53 rentals impacts the quality of life for the City's residents, the Council asks that the task
54 force work expeditiously to provide their recommendations to the City Council.
55
56 7. Absent further action by the City Council, the task force will automatically
57 dissolve upon its submittal of its recommendations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t h day of
December , 2023.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA16385
R-5
December 5, 2023
44
ITEM— V.K.3
ORDINANCES/RESOLUTION
ITEM#75095
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE the Dedication of a 9,708 square feet (0.223 acres) Utility
Easements to Dominion Energy Virginia on City-owned properties at 2283, 2285 and 2287 Landstown
Road re install and maintain underground cable for electric facilities to reduce power outrages
Voting: 9-0
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 and Sabrina D. Wooten
Council Members Abstaining:
Vice Mayor Rosemary Wilson
Council Members Absent:
None
December 12, 2023
1 AN ORDINANCE AUTHORIZING THE DEDICATION
2 OF 9,708 SQ. FT. (0.223 ACRES) OF UTILITY
3 EASEMENTS ON CITY-OWNED PROPERTIES
4 LOCATED AT 2283, 2285 AND 2287 LANDSTOWN
5 ROAD TO DOMINION ENERGY VIRGINIA
6
7 WHEREAS, the City of Virginia Beach (the "City") owns parcels of land
8 located at 2283, 2285 and 2287 Landstown Road (GPINs: 1484-94-8243, 1484-
9 84-1996, and 1484-74-8490) (collectively, the "Property");
10
11 WHEREAS, Dominion Energy Virginia ("Dominion") has requested that the
12 City dedicate 9,708 +/- sq. ft. of utility easements over portions of the Property, as
13 shown on the plats attached hereto as Exhibit A (collectively, the "Easements");
14 and
15
16 WHEREAS, the Easements would allow Dominion to install and maintain
17 underground cable, which would provide electrical service to adjacent properties
18 and reduce the likelihood of outages in storm events.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22
23 That the City Manager, or his designee, is hereby authorized to execute any
24 documents necessary to dedicate the Easements to Dominion, subject to such
25 terms, conditions and modifications as may be acceptable to the City Manager and
26 in a form deemed satisfactory by the City Attorney.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h
29 day of D e c e m b e r2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY
6 1- //,/,"� ) - `�I!,2 'L -
dwAtl�lney blic Works, R al Estate
CA 16239
R-1
November 20, 2023
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OF OUR NATO
VBgoveom
ROSEMARY WILSON PHONE:(757)422-0733
VICE MAYOR RCWilson(a�vbaov.com
COUNCIL MEMBER-DISTRICT 5
December 12, 2023
In Reply Refer to 0085703
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstentions 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 four ordinances that authorize dedication of utility easements on City-owned
property to Dominion Energy Virginia at the following locations:
a. 9,708 sq. ft. at 2283, 2285, and 2287 Landstown Road
b. 323 sq. ft. at 4200 N. Witchduck Road
c. 1,253 sq. ft. at 2401 Plantation Drive; and
d. 213 sq. ft. at 3030 Bray Road.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
3. I hereby disclose this interest, and I will abstain from the City Council's
consideration of these items.
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 son
ry
Vice Mayor
RAW/RRI
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
45
ITEM— V.K.4
ORDINANCES/RESOLUTION
ITEM#75096
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE the Dedication of a 323 square feet (0.007 acres) Utility
Easement to Dominion Energy Virginia on City-owned property at 4200 North Witchduck Road re
underground and maintain facilities that provide electric service to the Pump Station to reduce power
outages
Voting: 9-0
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 and Sabrina D. Wooten
Council Members Abstaining:
Vice Mayor Rosemary Wilson
Council Members Absent:
None
December 12, 2023
1 AN ORDINANCE AUTHORIZING THE DEDICATION
2 OF A 323 SQ. FT. (0.007 ACRES) UTILITY
3 EASEMENT ON CITY-OWNED PROPERTY
4 LOCATED AT 4200 N. WITCHDUCK ROAD TO
5 DOMINION ENERGY VIRGINIA
6
7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land
8 located at 4200 N. Witchduck Road (GPIN: 1478-96-2404) (the "Property"), which
9 is improved with a City-owned pump station (the "Pump Station");
10
11 WHEREAS, Dominion Energy Virginia ("Dominion") has requested that the
12 City dedicate a 323 +/- sq. ft. easement over a portion of the Property as shown
13 on the plat attached hereto as Exhibit A (the "Easement"); and
14
15 WHEREAS, the Easement would allow Dominion to underground and
16 maintain facilities that provide electric service to the Pump Station and adjacent
17 properties, thereby reducing the likelihood of outages in storm events.
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
20 CITY OF VIRGINIA BEACH, VIRGINIA:
21
22 That the City Manager, or his designee, is hereby authorized to execute any
23 documents necessary to dedicate the Easement to Dominion, and subject to such
24 terms, conditions and modifications as may be acceptable to the City Manager and
25 in a form deemed satisfactory by the City Attorney.
26
27 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h
28 day of December , 2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY
6WOO' m# bli Works- Real Estate
CA16260
\\vbgov.com\dfs 1\applications\citylaMcycom32\wpdocs\d013\p048\00925963.docx
R-1
November 20, 2023
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE
OF THREE-FOURTHS OF ALL COUNCIL MEMBERS
EXHIBIT A
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ROSEMARY WILSON PHONE:(757)422-0733
VICE MAYOR RCWiIson(d.)vboov.com
COUNCIL MEMBER-DISTRICT 5
December 12, 2023
In Reply Refer to 0085703
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstentions 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 four ordinances that authorize dedication of utility easements on City-owned
property to Dominion Energy Virginia at the following locations:
a. 9,708 sq. ft. at 2283, 2285, and 2287 Landstown Road
b. 323 sq. ft. at 4200 N. Witchduck Road
c. 1,253 sq. ft. at 2401 Plantation Drive; and
d. 213 sq. ft. at 3030 Bray Road.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
3. I hereby disclose this interest, and I will abstain from the City Council's
consideration of these items.
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,
y
Rosemar
y A. son
Vice Mayor
RAW/RRI
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
46
ITEM— V.K.5
ORDINANCES/RESOLUTION
ITEM#7509 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE the Dedication of a 1,253 square feet(0.0288 acres) Utility
Easement to Dominion Energy Virginia on City-owned property at 2401 Plantation Drive re underground
and maintain facilities that provide electric service to the Pump Station to reduce power outages
Voting: 9-0
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 and Sabrina D. Wooten
Council Members Abstaining:
Vice Mayor Rosemary Wilson
Council Members Absent:
None
December 12, 2023
1 AN ORDINANCE AUTHORIZING THE DEDICATION
2 OF A 1,253 SQ. FT. (0.0288 ACRES) UTILITY
3 EASEMENT ON CITY-OWNED PROPERTY
4 LOCATED AT 2401 PLANTATION DRIVE TO
5 DOMINION ENERGY VIRGINIA
6
7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land
8 located at 2401 Plantation Drive (GPIN: 1498-80-7874) (the "Property");
9
10 WHEREAS, the Property is adjacent to another City-owned parcel of land
11 located at 2387 S. Wolfsnare Drive (GPIN: 1498-80-8870) that is improved with a
12 City-owned pump station (the "Pump Station");
13
14 WHEREAS, Dominion Energy Virginia ("Dominion") has requested that the
15 City dedicate a 1,253 +/- sq. ft. utility easement over a portion of the Property that
16 is adjacent to the Pump Station, as shown on the plat attached hereto as Exhibit
17 A (the "Easement"); and
18
19 WHEREAS, the Easement would allow Dominion to underground and
20 maintain facilities that provide electric service to the Pump Station and adjacent
21 properties, thereby reducing the likelihood of outages in storm events.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25
26 That the City Manager, or his designee, is hereby authorized to execute any
27 documents necessary to dedicate the Easement to Dominion, subject to such
28 terms, conditions and modifications as may be acceptable to the City Manager and
29 in a form deemed satisfactory by the City Attorney.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h
32 day of December, 2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY
ty tt ey b is Works -Real Estate
CA16261
tivbgov.comldfs 1lapplicationslcitylawlcycom321wpdocs1d013tp048100925962.dccx
R-1
November 20, 2023
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE
OF THREE-FOURTHS OF ALL COUNCIL MEMBERS
BRAD LEE SENORA AND KAREN LEE SENORA
f "4XF EXHIBIT A
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VBgovcom
ROSEMARY WILSON PHONE:(757)422-0733
VICE MAYOR RCWilson(d,)vboov.com
COUNCIL MEMBER-DISTRICT 5
December 12, 2023
In Reply Refer to 0085703
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstentions 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 four ordinances that authorize dedication of utility easements on City-owned
property to Dominion Energy Virginia at the following locations:
a. 9,708 sq. ft. at 2283, 2285, and 2287 Landstown Road
b. 323 sq. ft. at 4200 N. Witchduck Road
c. 1,253 sq. ft. at 2401 Plantation Drive; and
d. 213 sq. ft. at 3030 Bray Road.
2. 1 have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
3. 1 hereby disclose this interest, and I will abstain from the City Council's
consideration of these items.
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,
rPt
Roseman
Vice Mayor
RAW/RRI
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
47
ITEM— V.K.6
ORDINANCES/RESOLUTION
ITEM#75098
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE the Dedication of a 213 square feet (0.005 acres) Utility
Easement to Dominion Energy Virginia on City-owned property at 3030 Bray Road re underground and
maintain facilities that provide electric service to the Pump Station to reduce power outages
Voting: 9-0
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 and Sabrina D. Wooten
Council Members Abstaining:
Vice Mayor Rosemary Wilson
Council Members Absent:
None
December 12, 2023
1 AN ORDINANCE AUTHORIZING THE DEDICATION
2 OF A 213 SQ. FT. (0.005 ACRES) UTILITY
3 EASEMENT ON CITY-OWNED PROPERTY
4 LOCATED AT 3030 BRAY ROAD TO DOMINION
5 ENERGY VIRGINIA
6
7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land
8 located at 3030 Bray Road (GPIN: 1497-29-9966)(the"Property"),that is improved
9 with a City-owned pump station (the "Pump Station");
10
11 WHEREAS, Dominion Energy Virginia ("Dominion") has requested that the
12 City dedicate a 213 +/- sq. ft. utility easement over a portion of the Property that
13 is adjacent to the Pump Station, as shown on the plat attached hereto as Exhibit
14 A (the "Easement"); and
15
16 WHEREAS, the Easement would allow Dominion to underground and
17 maintain facilities that provide electric service to the Pump Station and adjacent
18 properties, thereby reducing the likelihood of outages in storm events.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22
23 That the City Manager, or his designee, is hereby authorized to execute any
24 documents necessary to dedicate the Easement to Dominion, subject to such
25 terms, conditions and modifications as may be acceptable to the City Manager and
26 in a form deemed satisfactory by the City Attorney.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 th
29 day of December, 2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY
i tt rney P bli Works - eal Estate
CAI 6239
Nbgov.comWfs 1lapplicatons\cityiawlcycom32\wpdocs1d0131pOW00925919.docx
R-1
November 20, 2023
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE
OF THREE-FOURTHS OF ALL COUNCIL MEMBERS
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Legend OWNER: CITY OF VIRINIA BEACH
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Dominion Energy Easement Feet,.�" 0 50 100 200
Prepared by P.WJEna./Ena.Support Services Bureau 9i7/2022 XACAMProjectWARC Files\AGENDA MAP \1497-29-9966 Aeria
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VB90V,00m
ROSEMARY WILSON PHONE:(757)422-0733
VICE MAYOR RCWilson(o)vbgov.com
COUNCIL MEMBER-DISTRICT 5
December 12, 2023
In Reply Refer to 0085703
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstentions 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 four ordinances that authorize dedication of utility easements on City-owned
property to Dominion Energy Virginia at the following locations:
a. 9,708 sq. ft. at 2283, 2285, and 2287 Landstown Road
b. 323 sq. ft. at 4200 N. Witchduck Road
c. 1,253 sq. ft. at 2401 Plantation Drive; and
d. 213 sq. ft. at 3030 Bray Road.
2. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
3. 1 hereby disclose this interest, and I will abstain from the City Council's
consideration of these items.
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. W2son
Vice Mayor
RAW/RRI
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
48
ITEM— V.K.7
ORDINANCESIRESOL UTION
ITEM#75099
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Commonwealth
of Charities
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
December 12, 2023
1 AN ORDINANCE TO DESIGNATE COMMONWEALTH
2 CATHOLIC CHARITIES AS BEING EXEMPT FROM LOCAL
3 PROPERTY TAXATION
4
5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has
6 advertised and conducted a public hearing on the issue of granting an exemption from local
7 personal property taxes to Commonwealth Catholic Charities;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates
13 Commonwealth Catholic Charities a charitable organization within the context of§ 6(a)(6) of
14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia.
15
16 2. That personal property owned by Commonwealth Catholic Charities located within
17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
18 hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Commonwealth Catholic Charities for
23 exclusively charitable purposes;
24
25 (b) that each July 1 , Commonwealth Catholic Charities shall file with the
26 Commissioner of the Revenue a copy of its most recent federal income tax
27 return, or if no such return is required, it shall certify its continuing tax exempt
28 status to the Commissioner of the Revenue;
29
30 (c) that every three years, beginning on January 1, 2026, Commonwealth Catholic
31 Charities shall file an exemption application with the Commissioner of the
32 Revenue as a requirement for retention of the exempt status of the property;and
33
34 (d)that Commonwealth Catholic Charities cooperate fully with the Commissioner of
35 the Revenue with respect to audit of its financial records and compliance with
36 the terms of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2024.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of December 2023.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT: APP ED AS TO LEGAL
S FICI CY:
Alx24 ------
Commissioner of the Revenue or ey's Office
CA1 6371/R-1/November 15, 2023
49
ITEM— V.K.8
ORDINANCESIRESOL UTION
ITEM#75100
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Virginia Beach
Recovery Club,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
December 12, 2023
1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH
2 RECOVERY CLUB, INC. AS BEING EXEMPT FROM
3 LOCAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has
6 advertised and conducted a public hearing on the issue of granting an exemption from local
7 personal property taxes to Virginia Beach Recovery Club, Inc.;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Virginia
13 Beach Recovery Club, Inc. a charitable organization within the context of§ 6(a)(6)of Article X
14 of the Constitution of Virginia and §58.1-3651 of the Code of Virginia.
15
16 2. That personal property owned by Virginia Beach Recovery Club, Inc. located within
17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
18 hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Virginia Beach Recovery Club, Inc. for
23 exclusively charitable purposes;
24
25 (b) that each July 1, Virginia Beach Recovery Club, Inc. shall file with the
26 Commissioner of the Revenue a copy of its most recent federal income tax
27 return, or if no such return is required, it shall certify its continuing tax exempt
28 status to the Commissioner of the Revenue;
29
30 (c) that every three years, beginning on January 1, 2026, Virginia Beach Recovery
31 Club, Inc. shall file an exemption application with the Commissioner of the
32 Revenue as a requirement for retention of the exempt status of the property;and
33
34 (d)that Virginia Beach Recovery Club, Inc. cooperate fully with the Commissioner of
35 the Revenue with respect to audit of its financial records and compliance with
36 the terms of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2024.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
Of December , 2023.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
ENCY:
Commissioner of the Revenue i o ey's ffice
CA1 6372/R-1/November 15, 2023
50
ITEM— V.K.9
ORDINANCESIRESOL UTION
ITEM#75101
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Hospice House
of Hampton Roads
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
December 12, 2023
1 AN ORDINANCE TO DESIGNATE HOSPICE HOUSE OF
2 HAMPTON ROADS AS BEING EXEMPT FROM LOCAL
3 PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has
6 advertised and conducted a public hearing on the issue of granting an exemption from local
7 real and personal property taxes to Hospice House of Hampton Roads;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Hospice
13 House of Hampton Roads a charitable organization within the context of§6(a)(6)of Article X of
14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia.
15
16 2. That real and personal property owned by Hospice House of Hampton Roads
17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a
18 nonprofit basis is hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Hospice House of Hampton Roads for
23 exclusively charitable purposes;
24
25 (b) that each July 1, Hospice House of Hampton Roads shall file with the
26 Commissioner of the Revenue a copy of its most recent federal income tax
27 return, or if no such return is required, it shall certify its continuing tax exempt
28 status to the Commissioner of the Revenue;
29
30 (c) that every three years, beginning on January 1, 2026, Hospice House of
31 Hampton Roads shall file an exemption application with the Commissioner of the
32 Revenue as a requirement for retention of the exempt status of the property; and
33
34 (d)that Hospice House of Hampton Roads cooperate fully with the Commissioner of
35 the Revenue with respect to audit of its financial records and compliance with
36 the terms of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1 , 2024.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of December , 2023.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
S IENCY:
Commissioner of the Revenue rney Office
CA1 6373/R-1/November 15, 2023
51
ITEM— V.K.10
ORDINANCESIRESOL UTION
ITEM#75102
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Only His Grace,
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
December 12, 2023
1 AN ORDINANCE TO DESIGNATE ONLY HIS GRACE, INC.
2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION
3
4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has
5 advertised and conducted a public hearing on the issue of granting an exemption from local
6 personal property taxes to Only His Grace, Inc.;
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Only His
12 Grace, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the
13 Constitution of Virginia and §58.1-3651 of the Code of Virginia.
14
15 2. That personal property owned by Only His Grace, Inc. located within the City of
16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby
17 exempt from local property taxation.
18
19 3. This exemption is contingent on the following:
20
21 (a) continued use of the property by Only His Grace, Inc. for exclusively charitable
22 purposes;
23
24 (b) that each July 1, Only His Grace, Inc. shall file with the Commissioner of the
25 Revenue a copy of its most recent federal income tax return, or if no such return
26 is required, it shall certify its continuing tax exempt status to the Commissioner
27 of the Revenue;
28
29 (c) that every three years, beginning on January 1 , 2026, Only His Grace, Inc. shall
30 file an exemption application with the Commissioner of the Revenue as a
31 requirement for retention of the exempt status of the property; and
32
33 (d)that Only His Grace, Inc. cooperate fully with the Commissioner of the Revenue
34 with respect to audit of its financial records and compliance with the terms of this
35 ordinance.
36
37 4. That the effective date of this exemption shall be January 1, 2024.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of December 2023.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
S NCY:
ommissioner of the Revenue i torney's Office
CA1 6374/R-1/November 15, 2023
52
ITEM— VX II
ORDINANCESIRESOL UTION
ITEM#75103
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Skilled
Foundations
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
December 12, 2023
1 AN ORDINANCE TO DESIGNATE SKILLED
2 FOUNDATIONS AS BEING EXEMPT FROM LOCAL
3 PROPERTY TAXATION
4
5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has
6 advertised and conducted a public hearing on the issue of granting an exemption from local
7 personal property taxes to Skilled Foundations;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Skilled
13 Foundations a charitable organization within the context of § 6(a)(6) of Article X of the
14 Constitution of Virginia and §58.1-3651 of the Code of Virginia.
15
16 2. That personal property owned by Skilled Foundations located within the City of
17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby
18 exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Skilled Foundations for exclusively charitable
23 purposes;
24
25 (b) that each July 1, Skilled Foundations shall file with the Commissioner of the
26 Revenue a copy of its most recent federal income tax return, or if no such return
27 is required, it shall certify its continuing tax exempt status to the Commissioner
28 of the Revenue;
29
30 (c) that every three years, beginning on January 1, 2026, Skilled Foundations shall
31 file an exemption application with the Commissioner of the Revenue as a
32 requirement for retention of the exempt status of the property; and
33
34 (d)that Skilled Foundations cooperate fully with the Commissioner of the Revenue
35 with respect to audit of its financial records and compliance with the terms of this
36 ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2024.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of December 2023.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
)IFE N CY:
Commissioner of the Revenue ZAttorttorney's
CA1 6375/R-1/November 15, 2023
53
ITEM— VX 12
ORDINANCES/RESOLUTION
ITEM#75104
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Speak Up for a
Change
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
December 12, 2023
1 AN ORDINANCE TO DESIGNATE SPEAK UP FOR A
2 CHANGE AS BEING EXEMPT FROM LOCAL PROPERTY
3 TAXATION
4
5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has
6 advertised and conducted a public hearing on the issue of granting an exemption from local
7 personal property taxes to Speak Up for a Change;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Speak Up
13 for a Change a charitable organization within the context of § 6(a)(6) of Article X of the
14 Constitution of Virginia and §58.1-3651 of the Code of Virginia.
15
16 2. That personal property owned by Speak Up for a Change located within the City of
17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby
18 exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Speak Up for a Change for exclusively
23 charitable purposes;
24
25 (b) that each July 1, Speak Up for a Change shall file with the Commissioner of the
26 Revenue a copy of its most recent federal income tax return, or if no such return
27 is required, it shall certify its continuing tax exempt status to the Commissioner
28 of the Revenue;
29
30 (c) that every three years, beginning on January 1, 2026, Speak Up for a Change
31 shall file an exemption application with the Commissioner of the Revenue as a
32 requirement for retention of the exempt status of the property; and
33
34 (d) that Speak Up for a Change cooperate fully with the Commissioner of the
35 Revenue with respect to audit of its financial records and compliance with the
36 terms of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2024.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of December , 2023.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT: APP.RQVED AS TO LEGAL
rFFIC
Commissioner of the Revenue - Attorneys Office
CA16376/R-1/November 15, 2023
54
ITEM— V.K.13
ORDINANCESIRESOL UTION
ITEM#75105
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP)
easement from Muddy Creek Farms, LLC (143.38 +/- acres), the issuance by the City of its contract
obligations in the maximum principal amount of$2,025,959 and TRANSFER funds to purchase U.S.
Treasury Strips
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
December 12, 2023
I AN ORDINANCE AUTHORIZING 1) THE ACQUISITION
2 OF AN AGRICULTURAL LAND PRESERVATION
3 EASEMENT FROM MUDDY CREEK FARMS, LLC
4 (143.38+/-ACRES),2)THE ISSUANCE BY THE CITY OF
5 ITS CONTRACT OBLIGATIONS IN THE MAXIMUM
6 PRINCIPAL AMOUNT OF $2,025,959, AND 3)
7 TRANSFER OF FUNDS TO PURCHASE U.S.
8 TREASURY STRIPS
9
10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
12 presented to the City Council a request for approval of an Installment Purchase Agreement
13 (the form and standard provisions of which have been previously approved by the City
14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
15 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the
16 Installment Purchase Agreement) on certain property located in the City and more fully
17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
18 $2,025,959; and
19
20 WHEREAS, the aforesaid Development Rights shall be acquired through the
21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
22 compliance with, the requirements of the Ordinance; and
23
24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
25 purchase as evidenced by the Installment Purchase Agreement.
26
27 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 1. The City Council hereby determines and finds that the proposed terms and
31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
32 Agreement, including the purchase price and manner of payment, are fair and reasonable
33 and in furtherance of the purposes of the Ordinance,and the City Manager or his designee
34 is hereby authorized to approve, upon or before the execution and delivery of the
35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
36 balance of the purchase price set forth hereinabove as the greater of 3.953%per annum or
37 the per annum rate which is equal to the yield on United States Treasury STRIPS
38 purchased by the City to fund such unpaid principal balance; provided, however, that such
39 rate of interest shall not exceed 5.953% unless the approval of the City Council by
40 resolution duly adopted is first obtained.
41
42 2. The City Council hereby further determines that funding is available for the
43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
44 the terms and conditions set forth therein.
45 3. The City Council hereby expressly approves the Installment Purchase
46 Agreement and, subject to the determination of the City Attorney that there are no defects
47 in title to the property or other restrictions or encumbrances thereon which may, in the
48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
49 Manager or his designee to execute and deliver the Installment Purchase Agreement in
50 substantially the same form and substance as approved hereby with such minor
51 modifications, insertions, completions or omissions which do not materially alter the
52 purchase price or manner of payment,as the City Manager or his designee shall approve.
53 The City Council further directs the City Clerk to affix the seal of the City to, and attest
54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
55 incurrence of the indebtedness represented by the issuance and delivery of the Installment
56 Purchase Agreement.
57
58 4. The City Council hereby elects to issue the indebtedness under the Charter of
59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the
60 indebtedness a contractual obligation bearing the full faith and credit of the City.
61
62 5. The City Council hereby authorizes the transfer of $620,969 from the
63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the
64 City Manager is empowered to transfer sufficient additional funds or return funds not
65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the
66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States
67 Treasury STRIPS as described in the Installment Purchase Agreement.
68
69 Adoption requires an affirmative vote of a majority of all members of the City Council.
70
71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12 t h day of
72 December 2023.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT
Agriculture Department Yudget and Management Services
CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY:
OF FUNDS:
Director of Finance City attorney', ffice
CA 16257
1Wbgovxom\dfs I lapplica0onslcitylawlcycom32%wpdocstd0081p0 53100 92 5 3 1 7.doc
R-1
November 20, 2023
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2023-167
SUMMARY OF TERMS
SELLER: Muddy Creek Farms,LLC, a Virginia limited liability company
PROPERTY
LOCATION: 4831 Muddy Creek Road
GPINs: 2410-89-7609, 2410-69-4637,2411-70-8947, 2411-70-3252 and 2410-79-7280
PURCHASE PRICE: $2,025,959
EASEMENT AREA: 143.38 acres, more or less
DEVELOPMENT POTENTIAL: 10 single-family building sites(I reserved by Seller
for future development)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price,but not less than 3.953%(actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement("IPA")). Rate may not exceed 5.953%without
approval of City Council.
TERMS: Interest only, twice per year for 25 years,with payment of principal due 25 years from
IPA date.
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate
Settlement Transfer)for one(1)year following execution and delivery of the IPA.
55
ITEM— V.K.14
ORDINANCESIRESOL UTION
ITEM#75106
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 Farmer Markets, Building 2, Space 12 re The Country
Butcher 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
December 12, 2023
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR UP TO 5
3 YEARS WITH THE COUNTRY BUTCHER SHOP,
4 INC. FOR CITY-OWNED PROPERTY KNOWN AS
5 BUILDING 2, SPACE 12 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 Space 12 in Building 2 at
13 the Virginia Beach Farmers Market, which consists of approximately 939 sq. ft. of space
14 (the "Premises") and received one submittal from The Country Butcher Shop, Inc., a
15 Virginia corporation ("Country Butcher");
16
17 WHEREAS, Country Butcher has leased the Premises since 1997 and desires to
18 enter into a new lease with the City;
19
20 WHEREAS, the Premises will be utilized for the sale of fresh meats and deli
21 products and related items, and for no other purpose; and
22
23 WHEREAS, Country Butcher has agreed to pay the City rent in the amount of
24 $14,071.68 annually ($1,172.64 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 The Country Butcher Shop, Inc. and the City for the Premises, in accordance
32 with the Summary of Terms, attached hereto as Exhibit A and made a part hereof, and
33 such other terms, conditions or modifications as may be acceptable to the City Manager
34 and in a form deemed satisfactory by the City Attorney.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of
37 December _ _ , 2023.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
City Attorney F'Ubl c Works F Real Estate
CA15824
\\vbgov.com\dfs1\a pplicationslcitylaw\cycom32\wpdocs\d017\p046\00927165.doc
R-1
November 20, 2023
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach (the "City")
LESSEE: The Country Butcher Shop, Inc., a Virginia corporation
PREMISES: Building 2, Space 12, consisting of 939+/- square feet
TERM: Execution of Lease through June 30, 2026, with two (2)additional
one-year renewal options. (Lessee's holdover status under prior
lease has been conditioned on Lessee paying rent based on the
Rent stated herein)
RENT: Initial rent of$14,071.68 annually($1,172.64 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 meats and deli products, 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.
56
ITEM— VX 15
ORDINANCESIRESOL UTION
ITEM#7510 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE $196,004 from the State Compensation
Board to the FY 2023-24 Clerk of Circuit Court Operating Budget re salary increase
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
December 12, 2023
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FROM THE STATE COMPENSATION BOARD TO THE FY
3 2023-24 OPERATING BUDGET OF THE CLERK OF THE
4 CIRCUIT COURT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $196,004 is hereby accepted from the State Compensation Board and
10 appropriated, with revenue increased accordingly, to the FY 2023-24 Operating Budget
11 of the Clerk of the Circuit Court.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12 th day
of December 2023.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ti
Budget an Management Services rney's bffice
CA16383
R-1
November 29, 2023
57
ITEM— V.L.I
PLANNING ITEMS ITEM#75108
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council DEFERRED
TO JANUARY 2,2024,BY CONSENT,application of RUFFIN 86,LLCfor a Variance to Section 4.4(c)
of the Subdivision Regulations re demolish three(3)dwelling units to construct one-single family dwelling
at 109 A &B 86th Street& 8600 Ocean Front Avenue DISTRICT 6
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
December 12, 2023
58
ITEM— V.L.2
PLANNING ITEMS ITEM#75109
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
AS MODIFIED,AS CONDITIONED, BY CONSENT, application of BONNEY BRIGHT SAND CO. /
BONNEY G. BRIGHT for a Modification of Conditions to a Conditional Use Permit re borrow pit
expansion at 200 Princess Anne Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BONNEY BRIGHT SAND CO./BONNEY G. BRIGHT for a
Modification of Conditions to a Conditional Use Permit re
borrow pit expansion at 200 Princess Anne Road (GPINs
2317621327, 2317709466, 2317723259, 2317612520,
2317603371)DISTRICT 2
The following conditions shall be required:
1. All previous conditions attached to the Modification of Conditions Permit approvals of August
3, 2021, shall be voided, and replaced with the following conditions below.
2. Activities on the site shall meet all the requirements identified by the Virginia Department of
Mines, Minerals and Energy. Additionally, the applicant shall renew their permit and license
with the Department of Mines,Minerals and Energy before October 21, 2023.
3. No excavation or restoration of the borrow pit expansion shall be allowed without first
obtaining any necessary permits from the appropriate Federal, State and Local agencies,
required as a result of the expansion of the existing borrow pit operation. In addition, the
applicant shall renew the Non-Metallic Mineral Mining General Permit from the Department
of Environmental Quality for the proposed expansion.
4. No excavation of restoration of the borrow pit shall commence until such time that a site plan
has been reviewed and approved by the Development Services Center. The site plan must
include a specific street and highway contingency plan that addresses the repair and
replacement of any damaged roadway surfaces associated with the borrow pit operation. The
site plan shall also detail the truck watering schedule currently utilized for the abatement of
the dust generated by this operation and must indicate the sequence of construction for
maintaining 3:1 side slopes on the borrow pit within sixty (60) days after the excavation is
complete.
5. No access to or from Pocahontas Club Road shall be permitted for the borrow pit operation.
6. Operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday. No operations
shall be permitted on Sunday.
December 12, 2023
59
ITEM— V.L.2
PLANNING ITEMS
ITEM#75109
(Continued)
7. No encroachment into existing easements will be allowed. Access to drainage easements must
be provided by the applicant over all the output systems within the site.
8. No encroachments into natural drainage channels shall be permitted.
9. The existing buffer of pine trees along Princess Anne Road, the double row of Loblolly and
Virginia pine trees, an understory row of wax myrtle shrubs and the three to four-foot-high
berm along Pocahontas Club Road used for screening and buffering shall remain undisturbed.
10. A row of pine trees shall be planted along Princess Anne Road continuing north from the
existing trees that will be used as screening and buffering for the expansion of the borrow pit.
The required pine trees shall be allowed to grow and be maintained at a height of no less than
thirty(30)feet.
11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in
accordance with requirements of the state board of health to eliminate breeding places for
mosquitos and other insects.
12. The one hundred (100)foot buffer between the cemetery in the southeast corner and the
excavation site must remain undisturbed.
13. The maximum depth of the proposed expansion shall not exceed an elevation of 25.00 feet
below ground surface from elevation 0.00 feet below ground surface. The applicant shall not
breach the confining layers regardless of depth.
14. Dewatering of the pit will be allowed and the following are required:
a. A permitfrom the Virginia Water Control Board is required to discharge any water
from dewatering into a state waterway.
b. The operator of the borrow pit shall be responsible for continuous water service
for the private wells up to one thousand(1,000)feet from the borrow pit operation
and those within twenty-five hundred(2,500)feet ifproved to be affected by this
operation.
15. The maximum number of truck trips generated by the borrow pit shall be seventy(75)per day.
A truck trip shall be considered one round trip, in and out of the borrow pit.
16. All trucks and equipment used in conjunction with the borrow pit operation must be stored,
repaired, and fueled on the borrow pit site or on property zoned for such use.
December 12, 2023
60
ITEM— V.L.2
PLANNING ITEMS
ITEM#75109
(Continued)
17. The applicant and/or operator of the borrow pit shall provide sufficient information to further
the knowledge of the impacted subsurface geology by providing a Monitoring Well/Bore Hole
Installation Plan and to estimate existing and projected recharge of dewatering operation
discharge water. The applicant shall provide a Groundwater Recharge Plan, which shall
include all phases of the expansion, subject to the approval of the Director of Public Utilities
or designee.
18. The Groundwater Recharge Plan shall provide for the retention of water onsite to the highest
degree practical. As one means to achieve this, the flooding of depleted mine areas shall be
implemented to the maximum extent practical and outlined in detail in the Groundwater
Recharge Plan, accounting for all phases of expansion and reclamation. The applicant and/or
operator of the borrow pit shall provide a reliable quarterly report to the Department of Public
Utilities to include the analysis of the recharge system. This plan shall contain the amount of
water pumped from the borrow pit, the amount of groundwater recharged on the site, the
amount of water discharged to offsite surface water, the local precipitation, and a detailed
description of the way in which each of these volumes were determined. The plan shall be
subject to the approval of the Director of Public Utilities or designee.
19. Testing shall be performed at each monitoring well a minimum of four times a year and
analytical results shall be provided to the Director of Public Utilities or designee. The Director
of Public Utilities or designee may reduce monitoring frequency to annual testing at each well.
If, in the judgement of the Director of Public Utilities or designee, such results indicate that
saltwater intrusion is occurring to such extent that private drinking water wells are threatened,
the applicant shall cease dewatering of the borrow pit at the cost of the borrow pit operator.
20. Extension of time for operations is ending in June 2030, to include restoration of the property.
21. When mining is complete, the applicant shall redevelop the sides of the pit to a 3:1 slope within
six (6) months as depicted on the plan for the borrow pit entitled "Reclamation Plan", dated
October 3, 2007, revised September 10, 2009, revised July 1, 2021, prepared by Gallup
Surveyors and Engineers. Said plan has been exhibited to the City of Virginia Beach City
Council and is on file in the Planning Department.
22. The applicant shall provide quarterly reports from the test wells to include nitrate readings.
The reports shall be submitted to the Zoning Administrator for review by the Water Resources
Manager. Following the first year,frequency of the reports shall be determined by the Water
Resources Manager. Required frequency shall not exceed four(4)reports per year.
December 12, 2023
61
ITEM— V.L.2
PLANNING ITEMS
ITEM#75109
(Continued)
23. The applicant shall submit a site development plan in accordance with the Zoning Ordinance,
Article 2 C Section 227 Borrow Pits to the Development Services Center of the Planning
Department for review and approval prior to any excavation of the additional areas depicted
on the submitted site plan entitled "PROPOSED BORROW PIT EXPANSION PLAN FOR
BONNEY G. BRIGHT", dated October 3, 2007, revised September 10, 2009, revised March
12, 2021,prepared by Gallup Surveyors&Engineers. Said plan has been exhibited to the City
of Virginia Beach City Council and is on file in the Planning Department.
24. Trucks that haul material to and from the property shall not use Princess Anne Road as an
ingress and egress for the operation. All trucks in association with the mining operation shall
use the entrance in North Carolina to enter and exit the site.If the entrance from Princess Anne
Road is used to haul material than the following shall apply: the operator shall install a left
turn lane on Princess Anne Road into the borrow pit entrance, the property owner shall
dedicate as deemed necessary by City Staff any additional right-of-way to accommodate the
turn lane, the entrance from Princess Anne Road shall be paved and the pavement shall extend
fifty (50)feet back from the property line and then graveled an additional fifty (50)feet, and
an entrance plan shall be required subject to the review and approval by Department of Public
Works/Traffic Engineering.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12'h day of December Two
Thousand Twenty Three.
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
December 12, 2023
All
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Property Polygons
Zoning 200 Princess Anne Road s
Building
Feet
0 245490 980 1,470 1,960 2,450 2,940
62
ITEM— V.L.3
PLANNING ITEMS ITEM#75110
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
AS MODIFIED,AS CONDITIONED,BY CONSENT,application ofAMBERLY CARTER/LONGBAY
POINT PARTNERS,LLC for a Modi acation of Conditions to a Conditional Use Permit re assembly use
at 2105 West Great Neck Road DISTRICT 8
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
AMBERLY CARTER/LONGBAY POINT PARTNERS,LLC
for a Modification of Conditions to a Conditional Use Permit re
assembly use at 2105 West Great Neck Road (GRIN
1499382174)DISTRICT 8
The following conditions shall be required:
1. All previous conditions attached to the previous Conditional Use Permit granted on February
18, 2020, shall be voided and replaced with the following conditions below.
2. A business license for the Assembly Use shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter 23 of
the City Code.
3. The applicant shall obtain all necessary permits and inspections from the Planning
Department/Permits and Inspections Division. The applicant shall secure a Certificate of
Occupancy from the Building Official's Office for use of the existing building as an Assembly
Use.
4. The maximum number of individuals within the facility to include the covered patio shall not
exceed 197 or the maximum number as required by applicable building codes, noted on the
Certificate of Occupancy, and posted by the Fire Marshal.
S. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors. A separate sign permit shall be
obtained from the Planning Department for the installation of any new signs.
6. All lighting, temporary or permanent, related to events held on the subject property, shall be
directed downward and towards the interior of the site and contained such that the source of
light shall be shielded from view from any area outside of the property.
7. Any outdoor storage of materials associated with the Assembly Use shall be prohibited.
8. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris
shall not be allowed to accumulate.
December 12, 2023
63
ITEM— V.L.3
PLANNING ITEMS ITEM#75110
(Continued)
9. Consistent with the requirements for a Special Event,for each event exceeding 250 people, the
applicant shall obtain a Special Event Permit and shall notes the Police Department, the Fire
Prevention Bureau, the Health Department and Emergency Medical Services of the event's
time, size, and scope of activities.
10. No amplification of music or use of speakers shall be permitted eutside of the main btidding
after 8:90 p. except within the main enclosed building.
i
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12`h day of December Two
Thousand Twenty Three.
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
December 12, 2023
R10 0
R10
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R10
R20
R40 R30
N
® Site .
--- Amberly Carter W E
Property Polygons 2105 West Great Neck Road S
Zoning
Building
Feet
0 4080 160 240 320 400 480
64
ITEM— V L.4
PLANNING ITEMS ITEM#75111
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
AS PROFFERED, BY CONSENT, application of MICHAEL D. SIFEN, INC/ROBERT W. WHITE
JR. & ET AL, ROBERT W. WHITE JR. for a Conditional Change of Zoning from AG-1 & AG-2
Agricultural Districts to Conditional R-10 Residential District re develop a 38-lot single-family
subdivision at 2000&2004 Princess Anne Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MICHAEL D. SIFEN,INC/ROBERT W. WHITE JR. & ET
AL, ROBERT W. WHITE JR. for a Conditional Change of
Zoning from AG-1 &AG-2 Agricultural Districts to Conditional
R-10 Residential District re develop a 38-lot single-family
subdivision at 2000 & 2004 Princess Anne Road (GPINs
2413088768, 2413093020)DISTRICT 2
The following conditions shall be required:
An agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12`h day of December Two
Thousand Twenty Three.
Voting: 9-0
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, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Abstaining:
Chris Taylor due to a professional relationship with one of the applicants
Council Members Absent:
None
December 12, 2023
MICHAEL D. SIFEN, INC.,a Virginia stock corporation
ROBERT W.WHITE,JR.,individually
ROBERT W. WHITE, JR., as TRUSTEE OF THE FAMILY TRUST CREATED UNDER THE ROBERT W.
WHITE,SR. REVOCABLE LIVING TRUST U/A/D 8/22/01
KIMBERLY S. WHITE, KYLIE S. DRIVER, KAITLIN ELIZABETH WHITE, KATHRYN L. MARTIN, and
KOLBY MADISON WHITE
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 15th day of July, 2023,by and between MICHAEL D. SIFEN,
INC., a Virginia stock corporation, party of the first part, Grantor; ROBERT W. WHITE, JR.,
individually,party of the second part, Grantor; and ROBERT W.WHITE,JR.,as TRUSTEE OF THE
FAMILY TRUST CREATED UNDER THE ROBERT W. WHITE, SR. REVOCABLE LIVING TRUST
U/A/D 8/22/01, party of the third part, Grantor; and KIMBERLY S. WHITE, KYLIE S. DRIVER,
KAITLIN ELIZABETH WHITE,KATHRYN L. MARTIN,and KOLBY MADISON WHITE,parties of the
fourth part Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia,party of the fifth part, Grantee.
WITNESSETH:
WHEREAS, the parties of the second, third and fourth part are the owners of a parcel of
land located in District 2 (formerly Princess Anne) of the City of Virginia Beach containing
approximately 35.59 acres which is more particularly described as"PARCEL ONE"on Exhibit"A"
attached hereto and incorporated herein by this reference. Said parcel along with PARCEL TWO
as described on Exhibit"A" are herein collectively referred to as the "Property"; and
WHEREAS,the party of the second part is the owner of a parcel of land located in District
2 (formerly Princess Anne) of the City of Virginia Beach containing approximately 2.76 acres
which is more particularly described as "PARCEL TWO" on Exhibit "A" attached hereto and
GPIN: PARCEL ONE 2413-08-8768-0000
PARCEL TWO 2413-09-3020-0000
Prepared by:
R.Edward Bourdon,Jr.,Esquire
VSB#22160
Sykes,Bourdon,Ahern&Levy,P.C.
4429 Bonney Road,Suite 500
Virginia Beach,Virginia 23462
incorporated herein by this reference. Said parcel along with PARCEL ONE as described on
Exhibit"A"are herein collectively referred to as the "Property"; and
WHEREAS,the party of the first part,as contract purchaser of the Property, has initiated
a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1
Agricultural District and AG-2 Agricultural District to Conditional R-10 Residential District; and
WHEREAS,the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at
the same time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that
are not generally applicable to land similarly zoned are needed to cope with the situation to
which the Grantors' rezoning application gives rise; and
WHEREAS,the Grantors have voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map,
in addition to the regulations provided for the Residential District by the existing overall
Zoning Ordinance, the following reasonable conditions related to the physical development,
operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map
relative and applicable to the Property,which has a reasonable relation to the rezoning and the
need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or gqjLid pro uo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and restrictions
which shall restrict and govern the physical development,operation,and use of the Property and
hereby covenant and agree that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and persons claiming
under or through the Grantors,their successors,personal representatives,assigns,grantees,and
other successors in interest or title:
1. When the Property is subdivided, developed and landscaped, it shall have the
entrance, neighborhood identification sign, typical street section, landscaping, trails and open
2
spaces, including the 150'Transition Area Buffer substantially as depicted and described on the
exhibits entitled, "ROBERT WHITE FARM COMMUNITY - VIRGINIA BEACH, VA. CONCEPTUAL
LAYOUT",dated July 16,2023 and"ROBERT WHITE FARM COMMUNITY-VIRGINIA BEACH,VA.
CONCEPTUAL LANDSCAPE PLAN", dated July 16, 2023, prepared by Timmons Group, copies of
which have been exhibited to the Virginia Beach City Council are on file with the Virginia Beach
Department of Planning (the "Conceptual Subdivision Plan" and "Conceptual Landscape Plan")
and are incorporated herein by this reference. A detailed landscape plan for the designated
landscaped buffers as depicted on the Conceptual Landscape Plan shall be submitted with the
Subdivision Construction Plan and the landscaped buffer on the north side of the Property along
with the designated area to be reforested shall be in lieu of the landscape buffer specified by the
rural residential development guidelines to protect adjoining agriculturally zoned property.
2. When the Property is developed, it will be subdivided into no more than thirty-
eight(38) single family residential building lots each having a minimum of 12,000 square feet of
area. The thirty-eight(38) new homes will be built with a crawlspace or a raised slab foundation
and they will contain a minimum of 2,200 square feet of living area for a two story dwelling and
2,000 square feet of living area for a one story dwelling. Each home shall have no less than a two
(2) car garage and utilize the quality architectural features and design elements substantially as
depicted on the eight (8) pictorial exhibits designated "Robert White Farm Subdivision - Home
Quality Example" (1 through 8),which have been exhibited to the Virginia Beach City Council are
on file with the Virginia Beach Department of Planning (the "Quality Home Depictions") and are
incorporated herein by this reference.
3. When the Property is developed,the exterior building materials to be used on the
residential structures shall consist primarily of high quality architectural shingles, cementitious
siding (e.g., "HardiPlank"), brick or masonry stone, or a combination of those materials along
with high-quality accent or ancillary material such as metal roof accents and vinyl shutters. The
quality and colors of the exterior building materials shall be substantially as depicted and
described on the "ROBERT WHITE FARM SUBDIVISION PROFFERED MATERIAL SELECTION"
containing nine (9) pages and dated July 15,2023,which has been exhibited to the Virginia Beach
City Council is on file with the Virginia Beach Department of Planning (the "Material Selection")
and is incorporated herein by this reference.
4. When the Property is developed,the "playground" area designated within one of
the "OPEN SPACE" areas on the Conceptual Subdivision Plan shall be equipped with a children's
swing and "PRANCING PANDA" playground equipment substantially as depicted on the six (6)
3
page exhibit entitled "ROBERT WHITE FARM SUBDIVISION - PLAYGROUND EQUIPMENT dated
July 15, 2023", which has been exhibited to the Virginia Beach City Council is on file with the
Virginia Beach Department of Planning (the "Playground Equipment") and is incorporated
herein by this reference. The area designated"REFORESTED PASSIVE OPEN SPACE 8.8±AC"will
be sprigged with indigenous evergreen and deciduous trees and otherwise allowed to reforest
and regenerate naturally.
5. When the Property is developed,on street parking within the community shall be
restricted to one (1) side of the street. In addition to the added turn lanes within the Princess
Anne Road right of way, and other required improvements within the existing rights of way to
create the entrance to this community, as depicted on the Conceptual Subdivision Plan,
additional intersection traffic signalization will be installed at the intersection by the party of the
first part. As depicted on the Conceptual Subdivision Plan,the community entrance road will be
a divided roadway with a curbed median in lieu of a second access vehicular point to this small
community.
6. When the Property is developed, the party of the first part shall record a
Declaration submitting the building lots, all of the other property, and where applicable any
easements outside the public rights of way to a mandatory membership Home Owners'
Association which shall own and be responsible for maintaining all open space areas, common
areas, Transition Area Buffer Easement, vegetated buffer areas, entrance feature signage,
landscaping, benches, playground equipment and other improvements within the Open Space
Areas, as depicted on the Subdivision Plans. The open spaces and landscape buffers, including
the 150'Transition Area Buffer shall be conveyed to the Home Owners'Association prior to the
issuance of the first occupancy permit.
7. When the Subdivision Plat and Subdivision Construction Plans are submitted,the
final stormwater management plan submitted to the Development Services Center (DSC) shall
be in substantial conformance with the Preliminary Drainage Study and shall comply with the
Stormwater Management Ordinance.
8. Further conditions may be required by the Grantee during detailed Subdivision
and/or Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
4
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that said
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority(a) to order,in writing,that any noncompliance with such conditions be remedied; and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction,abatement, damages, or other appropriate action,suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantors shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may
be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantors
and the Grantee.
5
WITNESS the following signature and seal:
Grantor:
Michael D. Sifen, Inc.,a Virginia stock corporation
By: k
(—(SEAL)
Michael D.Sifen, Presi e
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this day of
2023,by Michael D.Sifen,President of Michael D.Sifen,Inc.,a Virginia stock corporation,Grantor.
-;�w—M
Notary Public
My Commission Expires: qbe
4Z *!*,\ITANotary Registration Numr: �•`� P•'''�COiy'•;�'•'•
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6
WITNESS the following signature and seal:
Grantor:
bq' � l
(SEAL)
Robert W.White,Jr.
STATE OF -1 r 1Y�
CITY/COUNTY i r7j ) to-wit:
The foregoing in rument was acknowledged before me this day ofj
2023,by Robert W.White,Jr.,Grantor.I K)-*"\
1
Notary Public
My Commission Expires: EP - _z:__1 \����`0� 1111R 1///''/
Notary Registration Number - �.���O�40NVV���'•��'%,
v; ��Ty
-REGISTRATION NO.'•
-N 351361 -
-_Q MY COMM.EXPIRES.Z=
06/30/2027
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7
WITNESS the following signature and seal:
Grantor:
The Family Trust created under the Robert W.White,Sr.
Revocable Living Trust under agreement dated August 22,
2001.
r
By: IQ, — ✓' E (SEAL)
Robert W.White,Jr rustee
STATE OF V1 VC01n
CITY/COUNTY it 11'1�1� o-wit:
The foregoing instrument was acknowledged before me this- _Uay of,
2023,by Robert W.White,Jr.,Trustee under the Family Trust created under the Robert W.W ite,
Sr. Revocable Living Trust under agreement dated August 22, 2001,Grantor.
"Notary
cE RNWMy Commission Expires: —
Notary Registration Number: =i:RE�isTRE,TioN No. 0
_N; W361 p1RES-Z
'MY 063012 27
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8
WITNESS the following signature and seal:
Grantor:
All
( (SEAL)
Kimberly S.White by Robe .White Jr.,
her attorney-in-fact
STATE OF 1
CITY/COUNTY OE yj ynlY-) to-wit:
The foregoing instrument was acknowledged before me this2ZU day 04�t
2023,by Kimberly S.White,Grantor by Robert W.White,Jr., her attorney-in-fact.
Notary Public
My Commission Expires:
O�KKER
Notary Registration Number: (Q `.v-t`oMoNU;F�`
\ •REGIST
RATION NO N=
=Q; 351361 :O_
;MY COMM.EXPIRES;'Z
06/30/2027
i T
9
WITNESS the following signature and seal:
Grantor:
"J 1 1
� 1 � (SEAL)
Kylie S. Driver,by Robert W.flte Jr.,
her attorney-in-fact
STATE OF t i 'w
CITY/COUNTY F tr t G 1 to-wit:
The foregoing instrument was acknowledged before me this-ZIQ day of l�1
2023,by Kylie S. Driver, Grantor by Robert W.White,Jr.,her attorney-in-fact.
A eDf�
Notary Public
My Commission Expires: ONwF
Notary Registration Numbep yaE LZ lP_
2:REGISTRATION No.'.
351361
'MY COMM.EXPIRES:Z=
06/30/2027
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V1 RG%t�P' )
RY
10
WITNESS the following signature and seal:
Grantor:
�)' �' a 1
Q I
P,dzk (SEAL)
Kaitlin Elizabeth White by ert W.White,Jr.,
her attorney-in-fact
r
STATE OF ) Y_0ly-)'1vq
CITY/COUNTY to-wit: tt
The foregoing instrument was acknowledged before me this 2�day ofV
2023,by Kaitlin Elizabeth White, Grantor by Robert W.White,Jr.,her attorney-in-fat.
Notary Public
���tttu n u lrrrrii
My Commission Expires: - - ��. �oNw
Notary Registration Number M q�Ty
2'REGIS7flp,TION NO.;NO
351361 ;Z
Q 06 30/2027IRES:
'' 0.....Ry
11
WITNESS the following signature and seal:
Grantor:
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Kathryn L. Martin by Robert White Jr.,
her attorney-in-fact
STATE OF 11►� }
CITY/COUNTY 1 1 ,to-wit: `
The foregoing ins rument was acknowledged before me this' day of,3 lit
2023,by Kathryn L. Martin,Grantor by Robert W.White,Jr.,her attorney-in-fact. )
Notary Public
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WITNESS the following signature and seal:
Grantor:
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Kolby Madison White by R ert W.White Jr.,
her attorney-in-fact
STATE OF Y
CITY/COUNTY I o-wit: —�
The foregoing �
ins ent was acknowledged before me this3 day oftl
2023,by Kolby Madison White,Grantor by Robert W.White,Jr., her attorney-in-fact.
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My Commission Expires: a0M
Notary Registration Number =2 EGISTRATION NO.,.0
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06/30/2027
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13
EXHIBIT "A"
PARCEL l:
ALL THAT certain tract, piece or parcel of land, with the improvements thereon, situate, lying
and being in the Princess Anne Borough of the City of Virginia Beach, State of Virginia, fronting
on the highway known as Route 615, now known as Princess Anne Road, leading from Nimmo
Church to Pungo, originally containing 48.24 acres, more or less,being bounded on the West by
the aforementioned public road, on the North by the land now or formerly belonging to George
W. Land, on the East by the property now or formerly of the United States Government known
as the Pungo Airfield, and on the South by the lands now or formerly belonging to Mittie L.
Cooper, et als., known as the home farm of William H.James with Four and One-half(4.5) acres
of Woodland south of the Mittie L.Cooper property.
LESS,SAVE and EXCEPT,however that certain parcel of land containing 2.76 acres,more or less,
conveyed by Cameron Munden, et ux. To Merritt E. Hitchings, and wife, by deed dated July 7,
1954, and recorded in the above mentioned Clerk's Office in Deed Book 366, at page 286,
reference to said deed being hereby made for a more particular description of the parcel
excepted; and
LESS, SAVE and EXCEPT further, that certain 1.33 acre parcel conveyed to Jefferson Utley and
Kimberly Jeanne Utley, by Deed of Gift dated December 21, 1999, and recorded in Deed Book
4185 at page 1360 (GPIN 2403-98-9694):and
LESS, SAVE and EXCEPT that certain parcel of land containing 0.372 acres and conveyed to the
City of Va. Beach by Certificate of Take No. 1239 recorded in the aforesaid Clerk's Office in Deed
Book 3048, Page 1858 and in the Final Order Vesting Title recorded in Instrument No.
20031124001954070.
GPIN: 2413-08-8768-0000
PARCEL II:
ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, State of Virginia, fronting on the Nimmo-
Pungo Road, now known as Princess Anne Road or Route 615, shown and designated on a plat
and survey thereof, made by W.B. Gallup, County Surveyor, dated May 18, 1954, and duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 36,at page 50,and being more particularly described as follows:
Beginning at a pin in the eastern line of the right of way of Nimmo-Pungo Road, distant 450.3' N
60 degrees E,as measured along the eastern line of the right of way of said road from a pipe in a
ditch separating the property of Munden from the property of Cooper, and from said point,
running along the edge of the right of way of said road, N 36 degrees W 196'to a pin;thence S 56
14
degrees 36' E 616.5' to a pin; thence S 36 degrees W 196' to a pin; thence N 56 degrees 36' W
616.5'to the point of the beginning,said tract of land containing 2.76 acres.
GPIN: 2413-09-3020-0000
H:\AM\`Conditional Rezoning\~Sifen_Michael D Inc\"White Farm\Proffer Agreement—final 6-09-2023.docx
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0 75150 300 450 600 750 900
65
ITEM— V.L.5
PLANNING ITEMS ITEM#75112
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
AS CONDITIONED, BY CONSENT, application of ANNA CASTILLO-LORA / WINDSOR OAKS
WEST PAR 3, LLC for a Conditional Use Permit re assembly use at 4356 Holland Road, Suite 101
DISTRICT 3
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ANNA CASTILLO-LORA/WINDSOR OAKS WEST PAR 3,
LLC for a Conditional Use Permit re assembly use at 4356
Holland Road, Suite 101 (GPIN 1476873632)DISTRICT 3
The following conditions shall be required:
1. A business license for the Assembly Use shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provision of Chapter 23 of
the City Code.
2. The applicant shall obtain all necessary permits and inspections from the Department of
Planning & Community Development/Permits and Inspections Division. The applicant shall
secure a Certificate of Occupancy for use of the existing building as an Assembly Use.
3. The maximum occupancy load shall not exceed the maximum number as required by applicable
building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors. A separate sign permit shall be
obtained from the Department of Planning& Community Development for the installation of
any new signs.
5. All event activities shall occur within the building. Outdoor events shall be prohibited unless
specifically permitted with a Special Event Permit.
6. No amplification of music or use of speakers shall be permitted except within the enclosed
building.
7. Hours of operation shall be limited to 9:00 a.m. to 10:00 p.m.,Monday through Sunday.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12`h day of December Two
Thousand Twenty Three.
December 12, 2023
66
ITEM— V.L.5
PLANNING ITEMS ITEM#75112
(Continued)
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
December 12, 2023
0 O Al2
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Anna Castillo-Lora W E
Property Polygons 4356 Holland Road, Suite 101
Zoning s
Building
Feet
01530 60 90 120 150 180
67
ITEM— V L.6
PLANNING ITEMS ITEM#75113
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Ordinance to AMEND Section 1804 of the City Zoning Ordinance(CZO)re Discretionary
Development Applications
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:
Barbara M. Henley
Council Members Absent:
None
December 12, 2023
1 AN ORDINANCE TO AMEND SECTION 1804
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO DISCRETIONARY
4 DEVELOPMENT APPLICATIONS
5
6 Section Amended: § 1804 of the City Zoning
7 Ordinance
8
9 WHEREAS, the public necessity, convenience, general welfare and good zoning
10 practice so require;
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Section 1804 of the City Zoning Ordinance is hereby amended and
16 reordained to read as follows:
17
18 . . . .
19
20 (d) Redevelopment. The provisions of this section shall not apply to discretionary
21 development applications for the redevelopment of property where the proposed
22 dwelling unit density is the same as or lower than the actual unit density existing at
23 the time the application is submitted. Actual units are those units that exist on the
24 property at the time of application
25
26 (e) Dwelling unit density- Reduction in density required
27
28 (1) Definitions
29
30 (i) For purposes of this section Previously Authorized Dwelling Units is
31 defined as residential uses currently permitted or approved prior to
32 December 20, 2005:
33
34 (1 ) as a matter of right;
35 (2) subject to a conditional use permit or proffer agreement; or
36 subject to any prior City Council approval
37
38 (2) Notwithstanding the provisions of subsection (a) above where Previously
39 Authorized_ Dwelling Units are permitted on one or more contiguous properties
40 City Council may consider an application or modification that would allow (1) the
41 Previously Authorized Dwelling units to be changed in form and/or relocated (2)
42 the incorporation of additional land; (3) or the introduction of compatible uses as
43 per section 1804 subject to the following:
44
45 0 No Previously Authorized Dwelling Units shall be relocated into a higher
46 noise zone or into an Accident Potential Zone or Clear Zone; and
1
47 ii Previously Authorized Dwelling Units that are affected or changed by the
48 proposed discretionary action shall be reduced by 5%, except as noted
49 below.
50
51 (3) Nothing in this section shall require the reduction of Previously Authorized
52 Dwelling Units for discretionary actions that:
53
54 (i) Shift Previously Authorized Dwelling Units to a lower noise zone, but only
55 for those Previously Authorized Dwelling Units that are actually moved,
56 not the entire development; or
57 LD Modify conditions or proffers where the number of Previously Authorized
58 Dwelling Units are not increased the site layout or building design is
59 modified and no additional uses are proposed; or
60 Lio It is determined by the Zoning Administrator to be Redevelopment and
61 meets the criteria as set forth in section 1804 (d) of this ordinance.
62
63 (4) No actions taken in accordance with subdivision (e) of this section shall be
64 allowed to take the additional bonus density of the City Zoning Ordinance, Article
65 21 Workforce Housing.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of December 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
tanning Department City Atto 7 '7
Office
CA15506
R-7
November 20, 2023
2
68
ITEM— V.L.7
PLANNING ITEMS ITEM#75114
Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED,
BY CONSENT, Ordinance to AMEND Sections 237 and 901 of the City Zoning Ordinance(CZO)re use
of mini-warehouses in the B-4C Zoning District
Voting: 8-2
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 and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Chris Taylor
Sabrina D. Wooten
Council Members Absent:
None
December 12, 2023
1 AN ORDINANCE TO AMEND SECTIONS 237
2 AND 901 OF THE CITY ZONING
3 ORDINANCE PERTAINING TO MINI-
4 WAREHOUSES
5
6 Sections Amended: §§ 237 and 901
7
8 WHEREAS, the public necessity, convenience, general welfare, and good zoning
9 practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Sections 237 and 901 of the City Zoning Ordinance are hereby amended
15 and reordained to read as follows:
16
17 Sec. 237. Mini-warehouses.
18
19 In addition to general requirements, the following special requirements and
20 limitations shall apply to mini-warehouses in all districts, excluding the B-4C district, in
21 which they are generally permitted:
22
23 (a) Lighting. All outdoor lights shall be shielded to direct light and glare onto the
24 mini-warehouse premises; said lighting and glare shall be deflected, shaded,
25 and focused away from all adjoining property. Any outdoor lighting fixtures
26 shall not be erected any higher than fourteen (14) feet.
27
28 (b) Fencing. The mini-warehouse facility shall be completely enclosed, except for
29 necessary openings for ingress and egress, by a fence or wall not less than six
30 (6) feet in height, except where prohibited by section 201(e)(1) of this
31 ordinance, and Category VI landscaping.
32
33 (c) Form. Mini-warehouses in B-4C shall be a multi-story fully enclosed mixed-use
34 building.
35
36 (1) Such building shall include two (2) or more uses within the building.
37 Applicable uses include Retail Sales, Services, Office; Institutional
38 Recreational, and Industrial, and those uses permitted by the applicable
39 zoning district in which the mini-warehouse is located. The storage facility
40 shall be counted as one of the uses.
41
42 (2) No storage units shall be located on the ground floor: however, a maximum
43 of thirty (30) percent of the ground floor area may be used as storage
44 related office and/or retail space.
45
46 . . . .
1
47
48 Sec. 901. Use regulations.
49
50 (a) Principal and conditional uses. The following chart lists those uses permitted
51 within the B-1 through B-4K Business Districts. Those uses and structures in the
52 respective business districts shall be permitted as either principal uses indicated
53 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated
54 by an "X" shall be prohibited in the respective districts. No uses or structures
55 other than as specified shall be permitted.
56
Use B-1 B- B-2 B-3 B-4 B- B-
1A 4C 4K
Mini-warehouses; must comply with the X C I C C C X-C X
provisions of section 237
57
58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t h day
59 of December , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
tanning Department City Attorney's Office
CA16284
R-6
November 7, 2023
2
69
ITEM— V M
APPOINTMENTS
ITEM#75115
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
GREEN RIBBON COMMITTEE
HAMPTONROADS TRANSPORTATION PLANNING ORGANIZATION
HISTORIC PRESERVATION COMMISSION
IN-HOUSE PHARMACYEXPLORA TOR Y COMMITTEE
MILITAR Y ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARYBOARD
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN VA BOARD
URBAN A GRICUL TURE ADVISORY COMMITTEE
11IRGINL4 BEACH CANNABIS ADVISORY TASK FORCE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
December 12, 2023
70
ITEM— V.M
APPOINTMENTS
ITEM#75116
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
MYRA PAYNE
(Representing District 6)
Unexpired term thru 813112026
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
December 12, 2023
7/
ADJOURNMENT
ITEM#75117
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:24 P.M.
QTem . a aus
Chief Deputy City Clerk
A a Barnes,MMC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
December 12, 2023