Loading...
HomeMy WebLinkAboutJANUARY 2, 2024 FORMAL SESSION MINUTES 0 M4 a U VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia JANUARY 2,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,January 2, 2024, at 2:30 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCILS BRIEFING FEDERAL LEGISLATIVE UPDATE ITEM#75118 2:31 P.M. Mayor Dyer welcomed Anthony Bedell, Senior Corporate& Government Relations Director and Alfonso Lopez Senior Corporate& Government Relations Consultant—Becker& Poliakoff. Mr. Lopez expressed his appreciation to City Council for their continued support: Becker 2023-2024 Federal • • • Report & Update for of Becker DC Team January 02,2024 National Law & Lobbying Firm with over 50 years of experience. 15 Bicoastal Offices: Washington, DC, THE Florida, New York, New Jersey, California. Becker Diverse and bipartisan team of Virginia experienced lobbyists ADVANTAGE Local knowledge. Regional ties. National reach. Named "Top Performing Lobbying Firm" by Bloomberg Government. January 2, 2024 3 CITY COUNCILS BRIEFING FEDERAL LEGISLATIVE UPDATE ITEM#75118 (Continued) The next few slides introduce the Becker&Poliakoff Team Members: YOUR FEDERAL LOBBYING TEAM ALFONSO LOPEZ ANTHONY BEDELL CC-LEAD LOBBYIST CO-LEAD LOBBYIST OMAR FRANCO AMANDA WOOD CLARENCE WILLIAMS PERRYADAIR Bed TEAM MEMBER TEAM MEMBER TEAM MEMBER TEAM MEMBER Becker a Poliakoff ALFONSO LOPEZ • Over 30 years of Federal and Virginia legislative experience • Former U.S. Senate staffer and Assistant Administrator of the U.S. Small Business Administration for Congressional & > � Intergovernmental Affairs during the Obama Administration • Director of Federal & Congressional Affairs for the Commonwealth of Virginia during the Administration of Governor Tim Kaine • Currently represents the 3rd District in the Virginia House of Delegates BecWr 8ei�e d Pulat.r January 2, 2024 4 CITY COUNCILS BRIEFING FEDERAL LEGISLATIVE UPDATE ITEM#75118 (Continued) ANTHONY BEDELL • Former Deputy Assistant Secretary for Congressional and Intergovernmental Affairs at the U.S. Department of . Transportation ;4 oc • Also served in key roles at the U.S. Department of Labor and U.S. Small Business Administration • Over 24 years of federal, state, and local government experience • Called "Influential lobbying firepower" — Politico Bedw Becker&Goliakgf! The next three(3)slides provide an overview of achievements in 2023: A VERY SUCCESSFUL 2023 Working with Brent McKenzie, the Director of Legislative Affairs for the City, and Andrew Damon, our team has pursued an aggressive strategy for taking advantage of unique federal opportunities available to support the City's needs and mission—including: • Federal Grants, • Historic Comprehensive Infrastructure legislation • Congressionally Directed Spending(CDS)—also known as Appropriation Earmarks. The Becker Team is proud to report that in terms of increased revenue funding and grants for the city,policy support,and federal approval for city initiatives— we have had and incredibly successful year. Beckw B e,.krr 6 F1,1,k01 January 2, 2024 S CITY COUNCILS BRIEFING FEDERAL LEGISLATIVE UPDATE ITEM#75118 (Continued) 2023 RESULTS • Secured $49.5 million in total federal grant funding* - this is an increase from $48.4 million secured in 2022. • Secured $7.993 million in preliminary earmarks in pending FY24 appropriations bills. We are still waiting on Congress to pass the full FY 2024 Appropriations Bill. At that time, we expect all included earmarks to be sent to the City. 'This Includes a recent$14.9 million SS4A grant award for which a grant funding agreement is pending Becker Bvewkver&vvPf9o�l iawavk n��ff BREAKDOWN OF 2023 FEDERAL AWARDS • Of the$49.5 million in federal grant funding: $' 9 trillion in Tramportation[rants S6A90,354 in Housing 8 Urban Development grants • Discretionary Safe Streets end Roads for All grant award Formula grants such as CBDG,Home Investment Partnership,Housing Opportunities,and Emergency Solutions • Family Self Sufficiency Program grant $13,439,126 in Defense grants $72,122 in Justice grants • K-12 Education at Military-Connected Schools&Community Investment grants Byrne Justice Assistance block grant $3,900,899 in Homeland Security grants Discretionary FEMA grants including Assistance to Firefighters,Port Security, and National Urban Search&Rescue $1,S00,000 in Justice grants Pass-through of FY23 earmark funding for taw Enforcement Training Facilities project • Of the$7,993,000 in preliminary earmarks: $3,900,0D0:Rudee Inlet project through Army Corps • $3,000,000:Laskin Road Phase I-B project Becker • $693,0D0:Creeds Training Facility Project Becker&porakoff • $400,000:Virginia Beach&Vicinity Coastal Zone Management Study through Army Corps January 2, 2024 6 CITY COUNCILS BRIEFING FEDERAL LEGISLATIVE UPDATE ITEM#75118 (Continued) Here is a summary of 2024 Priorities& Opportunities: 2024 PRIORITIES & OPPORTUNITIES • FY 2025 Appropriations Process—A diversified portfolio of top tier targets • THUD,LHHS,and CIS subcommittees for programmatic opportunities in transportation,emergency preparedness, community development,housing,resiliency,and public safety • Earmarks from VA congressional delegation members • The City's Congressional delegation is expected to once again accept programmatic and earmark requests in FY25, and your Becker Team will keep the Council and City Manager's office updated on guidance and deadlines. • HOWEVER,the timing of the FY 25 process remains an open question with FY24 appropriations still pending under a "laddered"CR and slated budget cuts under the June 2022 debt limit agreement(more on next slide). • Key Annual Congressional Authorizations— Water Resources Development Act Reauthorization—10x6"Comprehensive Regional Coastal Storm Risk Management Stud'Update • Federal grants—A wide range of funding opportunities: • Flooding and storm resiliency,including BRIO funding • Police&fire department projects(ex.,COPS,AFG) • Infrastructure Bill opportunities,including surface transportation and connectivity i. eckw Becker&Potiakoft Mr. Lopez turned the presentation over to Mr. Bedell to provide the FY25 Appropriations Process and then continued the rest of the presentation: FY25 Appropriations Process • A typical appropriations cycle roughly mirrors the timeframe to the right. rypinl Thnefnrne Expected Action • However,the FY25 process will likely be affected by the current "laddered"stopgap bill that staggers government funding in two February/March groups,effectively creating two shutdown dates:January 19th Submit appropriations and earmark requests and February tad. • The FY25 process will be further affected by the June 2023 debt March/April Members of Congress prioritize su6mI551ons limit agreement imposing budget cuts if Congress fails to reach a and send top picks to the relevant year-end funding agreement. appropriations subcommittee • Under the agreement,if Congress fails to pass appropriations by December 31, 2023, it will trigger an automatic full-year continuing resolution with a 1%cut. may/tune Subcommittees release draft appropriations bills with selected submissions • Missing the date would trigger the cuts,but the effects would not be enacted/felt until April 15. Fall/Winter • Therefore, we expect Members to begin soliciting FY25 Congress passes the annual appropriations bill appropriations requests earlier than expected (January/February)to get ahead of the laddered CR dates and expected April 15'h cuts. a.r74 CkW Becker&Potiakoff January 2, 2024 7 CITY COUNCIL'S BRIEFING FEDERAL LEGISLATIVE UPDATE ITEM#75118 (Continued) LOOKING AHEAD: POTENTIAL ISSUES AND OPPORTUNITIES • FY 2025 Appropriations Fund ing—A diversified portfolio of targets • Highway,Intermodal,including RAISE Grants • Continued Infrastructure Bill Funding • Stormwater,Resiliency&Flooding Relief • DHS/FEMA-including BRIC Grants • Local Military HQ&Oceana • Community Development/HUD Funding 0i • U.S.Department of Justice Opportunities • Museum&Library Funding • Possible K-12 Schools Programmatic Funding Support Beckw Becher�+Velixkull Mayor Dyer expressed his appreciation to Mr. Lopez and Mr. Bedell for the presentation. January 2, 2024 BRIEFING PLANNING PENDING ITEM# 9 /6 P.M. Mayor Dyer welcomed Kaitlen Alcock, r. Ms. Alcock expressed her appreciation City Councilfor their continuedsupport: �-- There is one (1)Planning Item scheduledfor January 2 nd: January 2"� & 16th CITY NC1L MEETINGS VIRGI1�11A BEACH SUMMARY — January 2"d 1 Planning Item Scheduled for City Council's Consideration 1. Ruffin 86,LLC—District 6 • Deferred by CC on December 12,2023 • Subdivision Variance Section 4.4(c)of the Subdivision Regulations • Recommended for Approval by Planning Commission&Staff 1 mil K r x w ` t �; a j �' x a r q r b e a ti r$ e. - 9 Ao- d S , fi £ } m 5 4 lillkll W�11 - ,- - , - � "Owl 10 1 � � . 11,�' - ., . j I --- Q, --No I � 14.�,i x} ^iz. Y _,, RY Y' - ,Y-. r _ A t .�ss„re,�v 4 r :.r :, •k� ,r�, .:` ,ffi" 45' ,� y. eG�%.il,' *Y�r .,�i''" i, w 3" °'0}.e' `" d' JI •',,, yy . J" $ s� � n" s s .0 i '`' x�' r k ," .;. �n mry �,.. 01( �,�"I�, �W - _4��,� _"�,��,i�3�,-_,, .,���I I-"-:"*A �� 1,11z"­,�11,� gW L%,, L�'� , , il , W 11 � �f 3yrs fit` ::s ,'"` • h rj �€ '..Y r m�.{'$;3 roi'" "-�' '� f&' £ + "':"^� }'- °°€yam. "" +' °' ' ,'E �.. z� % f x R X(e, �, e, ,oAM�} 'j r 'a '--`r`SN� fir'.. {{ �. ,a�,r'"' '�'",; `+ '-: �, 3 ,, p�. a �r d �- >' '�p -� t ;". zyR 'P -s d '. •k',M �s '�a r w`p2 '' ^`= k x ss{t r a ww k �x s AA s. # , r m �, °..• gt �' rv» - �' ,',". •` 't's�•; �� at`" i `4' ��,�''.s "v ' ! 'ice hs §.,u-4 $ i x a I �,' z"'t ��'^ � �� m. � � a Via`.. -3"�, '.� :� }; � _ s '� �';+ s � "*`..fir �'-� r#` :e'. ` '. �;1?m ic'` ;a'� 5 '� s. "ha u^ a ?s ,"Mf t ', a .. '�4 _-. )a'. _1 �>. t *ten r' '4,'.- 7 ' fir, a 14 _11 'r, ' k. 11 ,a„ 'sa t }s s-^: va,y +, x.:5�"' 1. 2 .+f' x.p, ,,,,. iij�v -4, ­­P;I,�X " It ^LPo^ €b Y -t : .- r"S 3Y y.yti'%Y ey1"£�,? y &r MEN- « ,�I> . � . .ems ,� a ,, — a a + a "t # M; s 6 RQe z , Mr .. .r s'" A'r �'xs. ' `11 � s Y fi Wv > ,.`gym 1a,i, ` , �- 3s4 a � Mms �« a 1 r st^ a �, t 't e 1. z � i " t g ` P' s AW 4 � s ar # x :: ' < �' - : t 'F,,y s` '. "" fig` -rc� `�'d ` '�-. y ..{ s - nr,'�'rr. ms "'`k a > a 3- �' x s t' „yh �.k a z; y ,� k' r awg d 1 ,;, s, v�, *�" x.tx -j,4-01 d' a _ A w 1 1-1 % y,« a - » ,� a .tee > .gr dr^'i'3:. s z r, a r^ y ( T { .yam 4� � f r,- 'I,IT 6 $ : y- i�y i f, t.Z�w "- r z �, -� ?, ,N .& ; 4 r r>a xi� _ ° s ',ya`' x ,fib y 3 xq w4" " �a�.� s� } Y w ,.'¥ 's.r�h h-+aa ' *'^ +.?`. - r `Cxn a„d`a r' kr . cr ma's ,y°r rIN p ,' 7 r 7 1 I 3#%F7 s R. s mx 'R�76# $ y� � o f I t74 4r ` '*^ ^�t• ,A y!` r,� f 3 ,C„ 2 ,,fir. . ", �,e ­7.`7�,, ,-?I - �­ il'-T,10-1 1i.0 — ,"_,�.-7, i6"""�� � , �,'_i, , , 1­1 1. QNj Cm # a,.x. N .c`.� : 1 .r ,y,, r r w .ma y f s :�^ > k. :g" S r.<,sy '` x, +, a > 1 { -k r e 5Z �$ - sus v r k� ie�z a .& {gy ¢ n PMW - t 'gam 'e4 �'' xd<r"`k P P 4 �� Y k v. "4eX Y '..'dit - s i *Wtey± k S°'v 4 ,,.h k''. I Sy �, mar +1�r y' 'O y° lx (" °y 'R3 'fc.o .." r�, r.0 a g.>n e°xr r a- .,1, '°tx` "cl'e, '"'A"" 4 +'ern 4`: x` vv s rx"r* �s b71 .}'_rt> .. f '�' rt t t reo- c ^T r rya, .. < s t TI �w. W S r i a , R �� w�r , A M8 r11 ' # f Y - Aid` x„ Y� ?#a 3z '` t '^jt. } ce a � nr r n{ .wf 3 '. — x r x q: ? s a g-. =' k'. p FS� k+ f s "�, r 'r: x�y ', 5� n: ma's = C __3 dk : Oil -- =.-' ,y�'.v`®-". tea r:�' a _.y,„ I ,t RUFFIN 86, LLC ITEM City Council:District 6 1 Location:109A&309B 86`"Street&8600 Ocean Front Avenue r - CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS inento SUBDIVISION VARIANCE (Section 4.4(c) of the Subdivision Regulations) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approv�/ 3 r, Prop"line to be—ated • Deferred by CC on December 12, 2023 • Request for a Subdivision Variance for cornerlot width • Lot recorded in 1925 as a 50-foot by 150-foot parcel PROPOSED • Subdivided into 2 lots by deed in 1944&1960 • Applicant seeks to vacate the interior property lines to restore back to the original 50-foot by 150-foot lot • Variance required as lot width is only SO-foot,rather than the 60 feet required by today's standards �/p RUFFIN 86,LLC 14 �p January CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM 10 I i PROPOSED NORTH • 3 dwellings currently exist and will be demolished to construct lsingle-family dwelling There are six(6)Planning Items scheduledfor January 16": • Proposed exterior design ofsingle-family dwelling reflects the character of the area with high-quality materials • BZA Variance is required to meet rear&side yard setbacks and height requirements(Proposed 42 feet in height instead of required 35 feet) • North Virginia Beach Civic League has expressed opposition to allowing private parking to remain in the public right-of-way • Applicant requesting item be deferred to February 6`"hearing ftUrrlN 86,LLC 5 �B SUMMARY — January 16tn 6 Planning Items Scheduled for City CounciPs Consideration 1. Matthew A.Galumbeck&James T.Cromwell,Esq.Receiver for Shore Realty Corporation,a Defunct Corporation-District 6 • Street Closure • Recommended for Approval by Planning Commission&Staff 2. Jamila Barnes-District4 • Conditional Use Permit(Tattoo Parlor) • Recommended for Approval by Planning Commission&Staff 3. AllienaWestleigh-District9 • Conditional Use Permit(Residential Kennel) • Recommended for Approval by Planning Commission&Staff ,: 4&5.Rahsha Batiste-District 10 u' Rezoninz i0-2 Office District to B-2 Community Business Dirtrict)& Conditional Use Permit(Tattoo Parlor) • Recommended for Approval by Planning Commission&Staff 6.Tiffany Luong-Distritt6 • Conditional Use Permit(Tattoo Parlor) • Recommended for Approval by Planning Commission&Staff 6 V� January MATTHEW A. GALUMBECK &JAMES T. CROMWELL, ESQ., RECEIVERITEM FOR SHORE REALTY CORPORATION, A DEFUNCT CORPORATION 1 City Council:District 6 Location:15'by 35'portion of an unimproved right-of-way between 7502&7504 Atlantic Avenue and 202 &204 76`h Street STREET CLOSURE Staff recommends Apprgval Planning Commission voted9tOS�;# ""�� ' ''�' .fir r �r • Request Closure of unimproved lane in the rear of applicant's property in the North End • Proposal to close 525 square feet&incorporate into applicant's property that fronts Atlantic Avenue ` Conditions include providing drainage easement for potential future needs • No objections from Viewers,no known opposition MATTHEW A.GALUMBECK&JAMES T CROMWELL,ESQ.I$ VB January JAMILA BARNES ITEM City Council:District 4 2 Location:5608 Virginia Beach Boulevard,Suite 505 4i CONDITIONAL USE PERMIT(Tattoo Parlor) Staff recommends Approval _ / Planning Commission voted 9to0,�,[ecommend Approval ,/,/ a ,g� Y_ • Request for a Conditional Use Permit for a Tattoo 4 to 6 employees anticipated Parlor • 2 letters of support • 1,700 square foot suite in the Executive Cove No known o Center pposition • Only exterior alteration to be wall signage and tenant panel added to existing monument style sign `,p IAMIIA BARNES(10 �+i� January 2024 13 BRIEFING PENDING ' PLANNING ALLIENA WESTLEIGH City Council:District 9 3 Location:5205 Shore Drive CONDITIONAL USE PERMIT (Residential Kennel) Staff recommends Approval Planning Commission voted 9 t end A royal w Modificatio a �� v,r' • Request for Residential Kennel for 5 personal dogs � t y ,�� a� • Dogs will be kept indoors with up to t' � �' 4 allowed outside at one time to �" reduce impacts of noise to adjacent �.r• • A condition is recommended to ��'�- r ' prohibit dog day care,training,and " boarding services onsitet. - -r AWENA WESLtE1GH 112 Tag January 14 PENDING , PLANNING i, r � �5 '''iiilll • S letters of support received ��' 1 speaker in opposition at Planning ® Commission Hearing with concerns regarding noise and decrease in property values • Planning Commission recommend approval with a modification to Condition 1 to require that the 5th dog " cannot be replaced once it is rehomed or � �` deceased W' ALLIENA WESTIE IGM 113 Y� RAHSHA BATISTE ITEMS City Council:District 10 4 & 5 Location:3396 Holland Road REZONING(O-2 Office District to B-2 Community Business District) CONDITIONAL USE PERMIT(Tattoo Parlor) Staff recommends Approval / Planning Commission voted 9 to 0 to recommend Approval �,,•-�"'" BRIEFING15 PENDING PLANNING ITEMS • Rezoning request from 0-2 to B-2 and a Conditional Use Permit for Tattoo Parlor � for Permanent Makeup. • Tattoo Parlor is not permitted in 0-2 • The applicant proposes to operate a Med Spa onsite • Two employees are anticipated RAHSNA BATISTE 115 VB • Parking requirements are met on-site • 5 letters of support received from current clients ' No known opposition s��a RAHSHA BATISTE 116 January TIFFANY LUONG City Council:District 6 6 16 CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS Location:332 North Great Neck Road,Suite 303&304 CONDITIONAL USE PERMIT(Tattoo Parlor) Staff recommends Approval Planning Commission voted 9ta�i4LecommendApproval�17 a r �umCrunfae•b • Conditional Use Permit request for Tattoo Parlor for permanent makeup �_® - I Use will occur within two existing suites of the Chambord Commons Shopping Center "' One employee is anticipated - - Sufficient parking is provided 1�)NlS OF T3I'.:1tITF. iiFFANY LUONG 118 N_4 Mayor / '/ his appreciation tI Ms. Alcockforpresentation. 17 CITY COUNCIL LIAISON REPORTS ITEM#75120 3:13 P.M. There were no City Council Liaison Reports. January 2, 2024 18 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#75121 3:14 P.M. Council Member Berlucchi advised he attended the Philippine Cultural Center's New Year's Eve celebration and expressed how nice it was to see Hillary Plate,Public Programs and Partnerships Manager - Cultural Affairs, recognized for providing outstanding support to the Philippine Cultural Center throughout the year. January 2, 2024 19 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#75122 (Continued) Council Member Rouse advised during tonight's Formal Session, City Council will recognize young entrepreneurs from Envision, Lead, Grow (ELG) who will be attending to watch how the City Council conducts business as part of their training program. Council Member Rouse advised there will be an opportunity for Council Members to take pictures with them and then they will briefly address City Council. January 2, 2024 20 CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS ITEM#75123 (Continued) Council Member Henley advised she received confirmation that the Brown cemetery will be cleaned soon and is hopeful that there will be a plan implemented to perform regular maintenance. January 2, 2024 21 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#75124 (Continued) Council Member Ross-Hammond advised the Last Night on the Town New Year's Eve celebration turned out to be a wonderful event with approximately four (4) thousand attending including Council Member Schulman. Council Member Ross-Hammond expressed her appreciation to Jeanne Evans-Cox and the entire Central Business District Association for all of their work. Council Member Schulman expressed his appreciation to all of the law enforcement officers from the Police and Sheri's Departments who were out in the cold past midnight, adding it was a wonderful event. Council Member Henley advised she celebrated New Year's Eve at the Senior Resource Center and they dropped the ball at 4:00 P.M. so everyone could get home before dark. Vice Mayor Wilson advised New Year's Eve was the last night of the Holiday Lights at the Oceanfront and it was exceptionally nice this year with two (2) nights set aside for people to ride their bikes and the way the entrance to the boardwalk was set up. Vice Mayor Wilson advised it is always a little sad when all of the lights go out and are taken down for the year. January 2, 2024 22 CITY COUNCIL DISCUSSION/INITMTIVES/COMMENTS ITEM#75125 (Continued) Council Member Taylor referenced a memo the Body received on December 15, 2023, regarding the City's recycling contractor, TFC Recycling and their delays collecting curbside recyclables. Council Member Taylor read portions of the memo and asked City Manager Duhaney to provide an update. City Manager Duhaney asked LJHansen, Director—Public Works, to provide an update. Mr. Hansen advised an agreement with TFC Recycling was made for City staff from Waste Management, who are familiar with the routes, to workfor and be compensated by TFC Recycling on Saturdays, Sundays and Mondays when City staff is not scheduled to work for the City. Mr. Hansen advised when City staff are working for TFC Recycling, they do not use any City resources. Council Member Taylor asked if the number of vacancies in Waste Management has improved from when there were twenty-two (22)vacancies? Mr. Hansen advised the number of vacancies have significantly reduced and are in the single digits as of last week. Mr.Hansen credited the Body for providing better compensation and hiring bonuses, as well as the work Human Resources did which all provided a tremendous difference. January 2, 2024 23 CITY COUNCIL DISCUSSIONANITMTIVES/COMMENTS ITEM#75126 (Continued) Council Member Wooten advised she and Mayor Dyer attended a homeless memorial service on December 21, 2023, and during the service learned there were ten (10)people who lost their lives in 2023 due to drug overdoses and other issues. Council Member Wooten emphasized the importance of ensuring the City has the necessary resources available throughout the year for those in need. Council Member Wooten expressed her appreciation to the staff who organized the service and the students from Landstown High School who sang and did a phenomenal job. Mayor Dyer advised it was a touching service and explained the H.O.P.E. initiative should be finalized in the next couple of weeks and will include mental and physical health services, mentoring programs and workforce development. Mayor Dyer advised initially the initiative focused on at-risk youth but now includes senior citizens, military veterans and the homeless. Mayor Dyer thanked the Body for their help and support for the initiative. January 2, 2024 24 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#7512 7 (Continued) Council Member Berlucchi expressed his appreciation to John Boyd, the band director from Princess Anne High School,for bringing his students to the Waste Management Headquarters building to sing holiday songs for employees who were returning at the end of their shift. Council Member Berlucchi advised it was very special to see and expressed his appreciation to all of the Waste Management staff who work very hard all year long twenty-four hours a day. January 2, 2024 25 CITY COUNCIL DISCUSSIONIINITL4 TI VES/COMMENTS ITEM#75128 (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. January 2, 2024 26 AGENDA REVIEW SESSION ITEM#75129 3:00 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCESIRESOL UTION 1. Ordinance to ACCEPT and APPROPRIATE $14.9-Million in Federal Funding from the Safe Streets and Roads for All grant program to the FY2023-24 Parks and Recreation Operating Budget;APPROPRIATE$2.998 Million from the General Fund Balance to the FY2023-24 Parks and Recreation Operating Budget; AUTHORIZE a local match totaling $3.9-Million; and TRANSFER $17.898-Million from the FY2023-24 Parks and Recreation Operating Budget to Capital Project#100644, "Virginia Beach Trail"(Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, and Wooten) 2. Ordinance to AUTHORIZE the Modification of the Memorandum of Understanding between the City and the Virginia African American Cultural Center, Inc. re extend certain construction deadlines 3. Ordinance to APPROPRIATE$687,072 from the lease of dark fiber to Capital Project#100106, "Next Generation Network" 4. Ordinance to ACCEPT and APPROPRIATE$499,753 from the Virginia Department of Criminal Justice Services to the FY2023-24 Commonwealth Attorney's Operating Budget and to AUTHORIZE two (2) grant funded full-time positions re prosecuting certain misdemeanor offenses 5. Resolution to ADD Student Members to the Flood Prevention Bond Referendum Oversight Board K. ORDINANCESIRESOL UTION: ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER REMICK WILL ABSTAIN ON ITEM#2 COUNCIL MEMBER ROSS-HAMMOND WILL ABSTAIN ON ITEM#2 January 2, 2024 27 AGENDA REVIEW SESSION ITEM#75129 (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(Deferred from December 12, 2023) L. ORDINANCESIRESOL UTION: ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 6,2024. January 2, 2024 28 ITEM#75130 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 3 • District 6 LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Adventure Park PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3 711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees January 2, 2024 29 ITEM#75130 (Continued) Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 3:54 P.M. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 3:54 P.M. — 4:00 P.M. Closed Session 4:00 P.M. — 4:37 P.M. Break 4:37 P.M. — 4:45 P.M. Closed Session 4:45 P.M. — 5:51 P.M. January 2, 2024 30 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JANUARY2,2024 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,January 2, 2024, 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: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA 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. January 2, 2024 31 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 andLocal 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. January 2, 2024 32 VU F CERTIFICATION ITEM#75131 Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 G1r1IA BE,q�, J�4 �s h'•L l ti= V n i O i 4 S S 0, % IIR HPf EOM 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#75130 on Page 29 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. Amanda Bar es, MAC City Clerk January 2, 2024 33 ITEM— VII.G.I MINUTES ITEM#75132 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 5,2023 Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 34 ITEM— VII.G.2 MINUTES ITEM#75133 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 12,2023 Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 35 ITEM— VILH.1 MAYOR'S PRESENTATION ITEM#75134 RECOGNIZING ENVISION LEAD GROW On behalf of Mayor Dyer, Council Member Rouse welcomed several young entrepreneurs and executives from Envision, Lead, Grow (ELG) to recognize them and the ELG Program. Council Member Rouse advised ELG was established in 2016 by Dr. Angela Reddick with the mission of providing economic empowerment for women from historically excluded communities through programs that increase equity, ownership, entrepreneurship, scholarship and investment. These programs are designed to transform communities ofpoverty into communities ofprosperity. Dr. Reddick expressed her appreciation for their continued support and to Council Member Rouse for organizing this recognition. Dr.Reddick advised she has started the "No Place Like Home"campaign and will be bringing all of ELG's resources back to Hampton Roads to ensure women here are given all of the resources they need to become successful entrepreneurs. January 2, 2024 36 ITEM— VII.J.1 FORMAL SESSION AGENDA ITEM#75135 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolution K. 2,3,4 and 5 and Planning Item L: ](DEFERRED TO FEBRUARY 6,2024) 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 K. ORDINANCESIRESOL UTION: ITEM#1 WILL BE CONSIDERED SEPARATELY January 2, 2024 37 ITEM— VII.K1 ORDINANCESIRESOL UTION ITEM#75136 The following registered to speak.- Ed Hazelwood, 415 48`h Street, Phone:202-255-1787, spoke in SUPPORT Dustin Wallace, 1406 Lake Geneve Drive, Phone:210-843-5059, spoke in SUPPORT Yeardley Pearson, 905 Greenboro Avenue, Phone: 404-2257, spoke in SUPPORT Bruce Drees, 921 Winthrop Drive,Phone: 647-3987, spoke in SUPPORT Walter Camp, 4693 Berrywood Road, Phone: 576-1006, spoke in SUPPORT Upon motion by Council Member Berlucchi,seconded by Council Member Rouse, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE$14.9-Million in Federal Funding from the Safe Streets and Roads for All grant program to the FY2023-24 Parks and Recreation Operating Budget;APPROPRIATE $2.998-Million from the General Fund Balance to the FY2023-24 Parks and Recreation Operating Budget; AUTHORIZE a local match totaling$3.9-Million;and TRANSFER$1 7.898-Millionfrom the FY2023-24 Parks and Recreation Operating Budget to Capital Project #100644, "Virginia Beach Trail" (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, 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 January 2, 2024 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN, AND WOOTEN 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $14,900,000 IN FEDERAL FUNDING, TO APPROPRIATE 3 $2,998,000 FROM THE FUND BALANCE OF THE 4 GENERAL FUND, TO AUTHORIZE A LOCAL MATCH, AND 5 TO TRANSFER $17,898,000 AS PAY-GO TO CAPITAL 6 PROJECT #100644, "VIRGINIA BEACH TRAIL" 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $14,900,000 from the Safe Streets and Roads for All grant program is 12 hereby accepted and appropriated, with federal revenue increased accordingly, to the FY 13 2023-24 Operating Budget of the Department of Parks and Recreation. 14 15 2. $2,998,000 is hereby appropriated from the fund balance of the General 16 Fund to the FY2023-24 Operating Budget of the Department of Parks and Recreation. 17 18 3. A local match totaling $3,900,000 is hereby authorized. The local match 19 shall consist of the $2,998,000 appropriated above and $902,000 that was previously 20 appropriated to Capital Project #100644, "Virginia Beach Trail." 21 22 3. $17,898,000 is hereby transferred as pay-go funding from the FY 2023-24 23 Operating Budget of the Department of Parks and Recreation to Capital Project#100644, 24 "Virginia Beach Trail." Adopted by the Council of the City of Virginia Beach, Virginia on the 2 n d day of January 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget an Management Services orney's Office CA16389 R-3 December 27, 2023 38 ITEM— VII.K.2 ORDINANCESIRESOL UTION ITEM#7513 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,BY CONSENT, Ordinance to AUTHORIZE the Modification of the Memorandum of Understanding between the City and the Virginia African American Cultural Center,Inc. re extend certain construction deadlines Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor and Sabrina D. Wooten Council Members Abstaining: Robert W. "Worth"Remick Vice Mayor Rosemary Wilson Council Members Absent: None January 2, 2024 I AN ORDINANCE AUTHORIZING THE MODIFICATION OF 2 THE MEMORANDUM OF UNDERSTANDING BETWEEN THE 3 CITY OF VIRGINIA BEACH AND THE VIRGINIA AFRICAN 4 AMERICAN CULTURAL CENTER, INC. TO EXTEND CERTAIN 5 CONSTRUCTION DEADLINES 6 7 WHEREAS, on October 20, 2015, by Ordinance ORD-3429A, City Council 8 authorized the execution of a Memorandum of Understanding (the "Original MOU") 9 between the City of Virginia Beach (the "City") and the Virginia African American 10 Cultural Center, Inc., formerly the African American Cultural Center ("VAACC"); 11 12 WHEREAS, the Original MOU contemplated the City dedicating approximately 13 4.8 acres of land located at 704 Hampshire Lane (GPINs: 1468-32-9552 and 1468-42- 14 1766) (the "Property") to the VAACC for the purpose of developing an African American 15 cultural center (the "Cultural Center"); 16 17 WHEREAS, on November 20, 2018, by Ordinance ORD-3572F, City Council 18 authorized the execution of an Amendment to the Original MOU (the "First 19 Amendment"); 20 21 WHEREAS, the First Amendment authorized the conveyance of the Property 22 prior to certain conditions being met, and included a provision that the Property would 23 revert back to the City if construction of the Cultural Center did not commence on or 24 before December 1, 2023 and be complete by December 1, 2025 (the "Reverter"); 25 26 WHEREAS, on March 18, 2019, a Deed of Gift conveying the Property to the 27 VAACC was recorded, which contained the Reverter; 28 29 WHEREAS, the VAACC has made substantial progress toward development; 30 however, due to various unforeseen circumstances, including the pandemic and related 31 inflation impacts and delayed capital campaign activities, construction of the Cultural 32 Center has not commenced; 33 34 WHEREAS, on November 26, 2023, the VAACC requested an extension of 35 thirty-six (36) months for both deadlines; and 36 37 WHEREAS, City Council is of the opinion that extending the construction 38 deadlines will promote the successful development of the Cultural Center and will 39 benefit the citizens and visitors of the City. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 That the City Manager is hereby authorized to execute an amendment to the MOU 45 between the City and the Virginia African American Cultural Center, Inc. to extend the 46 deadlines to commence construction to December 1, 2026 and the deadline to complete 47 construction to December 1, 2028, and such other terms, conditions and modifications 48 as may be acceptable to the City Manager and in a form deemed satisfactory by the 49 City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of January , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: F5blid Works/ geal Estate City Attorney CA 16264 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d022\p025\00352467.doc R-1 1/2/24 1A$EAc� �' � City of Virginia Beach U OF OUR N010 VBWv com ROBERT W."WORTH"REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL:WRemick0vbaov.com DISTRICT 6 January 2, 2024 In Reply Refer to 0085896 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2- 3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to authorize the modification of the Memorandum of Understanding between the City and the Virginia African American Cultural Center("VAACC") extending certain construction deadlines. 2. I am a member of the Board of Directors of the VAACC. The VAACC address is 744 Hampshire Lane, Virginia Beach,Virginia. 3. The City Attorney has advised me that the State and Local Government Conflict of Interests Act provides that, because I do not receive compensation from the VAACC, I do not have a"personal interest"in the VAACC, and therefore the Act places no restriction on my ability to participate in the City Council's consideration of this item. I nevertheless have chosen to abstain. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, V r�L Robert W. "Worth" Remick Councilmember RWR/RRI 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 J�GIN1A BE9c� ==FCity of Virginia Beach U �q9�"s env OF OUR NN"a W£T,Owwn DR.AMELIA N.ROSS-HAMMOND CELL:(757)840-0735 COUNCIL MEMBER EMAIL:arosshammond(&vbaov.com DISTRICT 4 January 2, 2024 In Reply Refer to 0085897 Mrs. Amanda Barnes, City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2- 3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to authorize the modification of the Memorandum of Understanding between the City and the Virginia African American Cultural Center("VAACC") extending certain construction deadlines. 2. 1 am the Founder and Chairman of the Board of Directors of the VAACC. The VAACC address is 744 Hampshire Lane, Virginia Beach, Virginia. 3. The City Attorney has advised me that the State and Local Government Conflict of Interests Act provides that, because I do not receive compensation from the VAACC, I do not have a"personal interest" in the VAACC, and therefore the Act places no restriction on my ability to participate in the City Council's consideration of this item. I nevertheless have chosen to abstain. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Dr. Amelia N. Ross-Hammond Councilmember ANR/RRI 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 39 ITEM— VU K.3 ORDINANCESIRESOL UTION ITEM#75138 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,BY CONSENT, Ordinance to APPROPRIATE $687,072 from the lease of dark fiber to Capital Project #100106, "Next Generation Network" Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 LEASE OF DARK FIBER TO CAPITAL PROJECT #100106, 3 "NEXT GENERATION NETWORK" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $687,072 of revenue from the lease of dark fiber is hereby appropriated, with 9 revenue increased accordingly, to Capital Project#100106, "Next Generation Network." Adopted by the Council of the City of Virginia Beach, Virginia on the end day of January , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and M agement Services City, rney's Office CAI 6388 R-1 December 18, 2023 40 ITEM— VII X 4 ORDINANCESIRESOL UTION ITEM#75139 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $499,753 from the Virginia Department of Criminal Justice Services to the FY2023-24 Commonwealth Attorney's Operating Budget and to AUTHORIZE two (2)grant funded full-time positions re prosecuting certain misdemeanor offenses 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 January 2, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE COMMONWEALTH'S ATTORNEY'S 3 OFFICE AND TO AUTHORIZE TWO GRANT-FUNDED 4 POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $499,753 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with state revenue increased accordingly, to the FY 11 2023-24 Operating Budget of the Commonwealth's Attorney for the 12 implementation of violent crime reduction strategies. 13 14 2. Two full-time positions are hereby authorized in the FY 2023-24 Operating Budget 15 of the Commonwealth's Attorney. Such positions are conditioned upon continued 16 grant funding from the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of January 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget a d M agement Services C' rn s Office CA16387 R-1 December 18, 2023 41 ITEM— VUK.S ORDINANCESIRESOL UTION ITEM#75140 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,BY CONSENT,Resolution to ADD Student Members to the Flood Prevention Bond Referendum Oversight Board Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 1 A RESOLUTION TO ADD STUDENT MEMBERS TO THE 2 FLOOD PREVENTION BOND REFERENDUM OVERSIGHT 3 BOARD 4 5 WHEREAS, on November 2, 2021, the citizens of Virginia Beach approved a 6 referendum regarding the issuance of bonds to fund the design and construction of flood 7 mitigation measures, with 72% voting to support the bond issuance; 8 9 WHEREAS, two weeks later, the City Council City Council established the seven- 10 member Flood Prevention Bond Referendum Oversight Board to provide citizen oversight 11 of the City's comprehensive flood mitigation program and the 21 projects listed in the 12 bond referendum question; and 13 14 WHEREAS, the Flood Prevention Bond Referendum Oversight Board has voted 15 to request that the City Council add two high school students to their membership; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 In addition to its current membership, the Flood Prevention Bond Referendum 21 Oversight Board shall include two high school students—one junior and one senior—as 22 nonvoting members. For the initial appointments, the high school senior will be appointed 23 to a term that expires June 30, 2024, and the junior will be appointed to a term that expires 24 June 30, 2025. Subsequent appointments of student members shall be high school 25 juniors, and such appointments shall be for a two-year term and made on a fiscal-year 26 basis, beginning July 1st and ending June 30th. A quorum of the membership shall 27 continue to be determined based solely on the number of voting members present (and 28 thus will not include the student members). Adopted by the Council of the City of Virginia Beach, Virginia, on the end day of January 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16345 R-2 December 14, 2023 42 ITEM— VII.L.I PLANNING ITEM ITEM#75141 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council DEFERRED TO FEBRUARY 6, 2024, BY CONSENT, application of 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(Deferred from December 12, 2023) Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 43 ITEM— VILM APPOINTMENTS ITEM#75142 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 90-DAYFESTIVAL TASK FORCE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS 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 PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN A GRICUL TURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD January 2, 2024 44 ITEM— V.M APPOINTMENTS ITEM#75143 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ELIZABETH BAUMAN (Resort Advisory Commission Member) LAURENBLAND JAKETA CLARK-THOMPSON (Minority Business Council Member) NANCY CREECH JEANNE E VANS-COX (Central Business District Association) NICK JACOVIDES MICHAEL MA UCH (Restaurant Association) DEEPAK NACHNANI DAVID LEADER ROBERT PIZZINI CYNTHIA ROMERO (Arts and Humanities Commission Member) GEORGE WATERS JOHN ZIRKLE (Hotel Association) 90-Day Term 11212024-41212024 90 DAY FESTIVAL TASK FORCE 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 January 2, 2024 45 ITEM— VII.L. APPOINTMENTS ITEM#75144 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: AMANDA CATON (Health Department) CHARLENE COLLINS (Human Services Designee) ANGELA HICKS (Community Services Board) RONI MYERS-DAUB (City Public Schools) GREGORYSMITH (Court Services Unit) Two year term 21112024—113112026 COMMUNITY POLICY AND MANAGEMENT TEAM Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 46 ITEM— VII.L. APPOINTMENTS ITEM#75145 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: WILLIAM CURTIS Unexpired term thru 212812026 MILITAR Y ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 47 ITEM— VILL. APPOINTMENTS ITEM#75146 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JOHN CROMWELL (District 2) And REAPPOINTED: JOHN COSTON (District 9) Four year term 21112024—113112028 PLANNING 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 January 2, 2024 48 ITEM— VII.L. APPOINTMENTS ITEM#7514 7 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JAYLA SMITH Student Member Student term 11212024—613012025 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 49 ITEM— VII.L. APPOINTMENTS ITEM#75148 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: MICHAEL MA UCH (Resort Advisory Commission Member) Two year term 11212024—1213112025 VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE 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 January 2, 2024 50 ITEM— VII.L. APPOINTMENTS ITEM#75149 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: PAUL HOLLEY (Alternate Member) Unexpired thru 813112024 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None January 2, 2024 51 ADJOURNMENT ITEM#75150 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 6:32 P.M. Terri H. elius Chief Deputy City Clerk )*W� anda Barnes,Vkc Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia January 2, 2024 52 OPEN DIALOGUE The following registered to speak: Hanna Merk, Phone: 799-5166, spoke concerning government corruption Vic Nicholls, 1124 Mill Lake Quarter, Phone:410-0008, expressed her concern that fees are too high for concealed weapons permits and senior citizen memberships for Recreation Centers Sahian Nanez, 6470 Crescent Way#204,Norfolk, Phone: 626-232-2429, read a resolution she wrote to request an immediate and permanent ceasefire in Gaza, Palestine. The following registered to speak in SUPPORT of resolution: Al Harb, 2288 Childeric Road, Phone: 478-8775 Soha Amer, 142 Chinquapin Orchard, Yorktown, Phone: 775-0823 Shane Stogsdill, 648 Great Bridge Boulevard, Chesapeake, Phone: 405-6123 Frepa Listin, 122 Christian Court, Phone: 969-8848, did not respond via WebEx Hadiya Manzoor, 3617 Silina Drive, Phone: 390-1713 Frega Azza, Phone: 943-9335, did not respond via WebEx Jay L., 5301 Justin Court, Phone: 670-0752, did not respond via WebEx Gabriella Decesare, 3101 Swainson Lane, Phone: 575-9731 ADJOURNED at 6:54 P.M. January 2, 2024