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HomeMy WebLinkAboutJANUARY 16, 2024 FORMAL SESSION MINUTES ... _ U. r o t 9 Of W0,110 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia JANUARY 16, 2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,January 16, 2024, at 3:30 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, 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 COUNCILSCITY BRIEFING •D ITEM#75168 Mayor Dyer welcomed Andrew Damon, Legislative Affairs Analyst. Mr. Damon expressed his appreciation to City Councilfor their continued support: General Assembly Legislative Update [3rent McKenzie,Legislative Affairs Liaison January 16,2024 VlRGINIA ! BEACH 2024 General Assembly Update Today's update: • Key dates and organizing information • Status of Legislative Agenda items • Legislation of interest • Bill position requests Goal of today's presentation is to provide an update on the General Assembly session and to ascertain the Council's position on key bills coming up for a vote. VB January2024 CITY COUNCILS BRIEFING GENERAL , I/ / , ITEM#75168 Here are the 2024 GeneralAssembly dates: 2024 General Assembly • 2024 is a 60-day"long"session;(46 days inodd-numbered years) • Filing deadline for legislation is January 19th at 3:OOpm • ^'1,400 in House � �700 in Senate • Local Government Day,February 1st • Crossover;February 14th • Chamber of origin to complete work on its Budget;February 22nd • Sine die;Saturday March 9th • Reconvene Session;Wednesday April 17th Committee Assignments • Delegate Alex Askew o Appropriations,Counties,Cities and Towns,Education • Delegate Rob Bloxom o Agriculture,Appropriations,General Laws,Privileges and Elections • Delegate Kelly Convirs-Fowler o Education,Finance,Labor and Commerce,Privileges and Elections(Vicethair) • Delegate Michael Feggans o Labor and Commerce,Public Safety,Transportation • Delegate Barry Knight o Appropriations,Counties,Cities and Towns,General Laws • Delegate Anne Ferrell Tata o Counties,Cities and Towns,Education,Transportation • Senator Christie New Craig o Education and Health,General Laws and Technology,Rehabilitation and Social Services • Senator Bill DeSteph o Commerce and Labor,Privileges and Elections,Rehabilitation and Social Services,Transportation • Senator Aa ron Rouse o Commerce and Labor,General Laws and Technology,Privileges and Elections(Chair),Rehabilitation and Social Services,Rules `, January / 4 CITY COUNCILS BRIEFING GENERAL ASSEMBL Y LEGISLATIVE UPDA TE ITEM#75168 (Continued) The next few slides provide the Status of Legislative Agenda items: Status of Agenda items Charter Amendments Bill&Patron Status Adopt the ten single-member district system used in the HB 410 Askew 58189 passed the Senate Local Government VB 2022 elections and adopted by the City Council in its 56189 Rouse Committee unanimously decennial redistricting ordinance HB 410 referred to C C&7 subwmmittee Increase the membership of the City of Virginia Beach HB 236 Tata SB 262 passed the Senate Local Government Board of Equalization from four members to five members 58262 Craig Committee unanimously and add an alternate HB 236 referred to C C&7 subcommittee Reflect Election System Adopted by Council HB 409 Askew HB 409 referred to P&E wmmittee SB 188 Rouse SB 198 passed unanimousy in P&E committee Emergency Response Toxic Exposure Grant Fund and Program; HB 133 Convirs-Fowler HB 133 referred to General Laws (Formerly known as the"Good Friday"First Responders Fund) SB 650 Rouse subcommittee 58 650 referred to Rules committee Photo Speed Monitoring Devices on Local Highways 3 versions of this legislation have been Referred to Transportation committee introduced by members in other parts of the Commonwealth Photo Speed Monitoring and Failure of Recipient to Respond H81032 Bloxom Pending committee referral Opioid and Fentanyl Awareness Education HB 134 Convirs-Fowler Referred to Education Local Taxing Authority for Vaping and E-Cigarette Products HB 1036 Bloxom Pending committee referral Establish the Virginia Creative Economy Grant Fund and Program HB 642 Glass Referred to labor&Commerce subcommittee Obstruction of Right-of-Way Violations HB 235 Tata Referred to C C&T subcommittee Re-Establish the Virginia Minority Business Commission HB 132 Convirs-Fowler&HB 374 Feggans Both referred to Rules committee Violation of a Short-Term Rental Ordinance HB 1034 Bloxom Pending committee referral January 16, 2024 5 CITY COUNCILS BRIEFING GENERAL ASSEMBL Y LEGISLA TIVE UPDATE ITEM#75168 (Continued) Status of Agenda items Budget requests Patron Augment Localities for 100%Disabled Veteran lax Exemption Ivs 5/31 Memorial Senator Rouse Delegate Convirs-Fowler Stormwater Operations Center Delegate Feggans Virginia Aquarium&Marine Science Center Renovation/Expansion Senator DeSteph Here are the Taxation Bills with a Summary of each: • • Title Summary (Multiple bills)Retail sales and use tax holiday;establishes an Reestablishes the annual sales-tax holiday annual tax holiday that takes place in August Sales and use tax,local;additional tax authorized in all counties& Allows localities,by ordinance,to hold a referendum for a 1%sales-tax increase cities to support schools. to support school construction HB 1159 Individual income tax;distribution of revenues;local Requires distribution of one percent of the individual income tax revenues school construction. collected from residents of a locality to be distributed to that locality.The bill requires such funds to be used for school construction or renovation purposes and to be repaid to the state if used for any other purpose. SB 110 Sales tax;exemption for food purchased for human Eliminates the 1%local sales tax on groceries and essential personal hygiene consumption and essential personal hygiene products. •The bill also provides an allocation of state revenues to fund the distribution to localities for funding that would have been distributed to them absent the exemption created by the bill. • Under current law,such products are exempt from state sales and use tax but are subject to the standard local rate of one percent. HB 1308 Tangible personal property tax relief;rate of taxation. Eliminates the car tax for residents Requires the Commonwealth to reimburse localities for 100%of the car tax January 16, 2024 6 CITY COUNCILS BRIEFING GENERAL ASSEMBL Y LEGISLA TIVE UPDATE ITEM#75168 (Continued) Here are the Short-Term Rental Bills with a Summary of each: Legislationof arm Rentals Title Summary HB 1328 Transient occupancy taxes;administration. Centralizes the collection of the transient occupancytax with the Commonwealth rather than locally HB 263 Retail Sales and Use Tax;accommodations for Sales and use tax;accommodations for transients.Provides that the term"retail sale"shall transients. include the sale of accommodations to transients for less than 30 days. • Undercurrent law,"retail sale"includes such sales to transients for less than 90 days. SB 544 Short-term rental property;locality's ability to Prohibits a locality from barring the use of or requiring that a special exception,special prohibit use of accessory dwelling unit use,or conditional use permit be obtained for the use of an accessory dwelling unit fora short-term rental in an area zoned for residential use wherethe primary dwelling unit on the site is occupied by the property owner. HB 695 Short-term rentals;registration;civil penalty. This bill is the recommendation of the Commissioner of Revenue Association • Directs the Department of Taxation to establish a registry of short-term rental properties •The Department will issue each provider a unique numerical identifier for each such property •An accommodations intermediary will have to provide a contact person that state and local officials can contact regarding noncompliant short-term rental listings •Each listing will have to include the unique identifying number •Requires the intermediary to report receipts and taxes paid quarterly to the Department of Taxation Here are the Skill Games Bills with a Summary of each: Title Summary •No local authority to limit or prohibit games HB 590 Virginia Small Business Economic Development Act; Gross revenue taxed at 15% established. 1S%of that goes to locality where game machine is located • 10%to School Construction Fund • 10%appropriated to provide additional basic aid funding for public schools, apportioned to local school boards SB 212 Virginia Small Business Economic Development Act; No local authorityto limit or prohibit games established. Gross revenue taxed at 15% • 15%of that goes to locality where game machine is located • 10%to School Construction Fund • 10%appropriated to provide additional basic aid funding for public schools, apportioned to local school boards SB 307 Regulation of electronic gaming devices;penalties. Locality may,by ordinance,prohibit electronic gaming as long as that ordinance is passed bylanuary 1,2025 •Gross revenue taxed at 34% •26%of that goes to locality where game machine is located January 16, 2024 7 CITY COUNCILS BRIEFING GENERAL ASSEMBL Y LEGISLA TIVE UPDATE ITEM#75168 (Continued) Here are the Cannabis Bills with a Summary of each: Title Summary • Requests the Virginia Cannabis Control Authority to study the creation of H163 Study;Virginia Cannabis Control Authority;creation of a retail cannabis market in the Commonwealth retail cannabis market;report The resolution requires that such regulations include(i)appropriate application and license fees;(ii)reasonable restrictions on cannabis advertising;(III) restrictions on product size and potency;(iv)transaction limits;(v) comprehensive enforcement mechanisms;(vi)provisions regarding tax collection and revenue allocation;(vii)provisions regarding participation in the retail marijuana market by persons in socioeconomically disadvantaged communities;and(viii)any other restrictions or requirements necessary to protect public health and safety,prevent diversion,and enforce regulated sales. •The resolution requires the Authorityto include certain persons in its study and to submit its executive summaries and reports to the General Assembly by the first day of the 2026 Session of the General Assembly SB 423 Cannabis control;retail market;pena Ries. Allows for localities to hold a referendum on whether to prohibit sales within locality •Allows for a locality by ordinance to impose an additional 6%tax on sales of marijuana products SB 448 Cannabis control;retail market;penalties. Allows for localities to hold a referendum on whether to prohibit sales within locality • 12%tax imposed on all sales;half of which comes back to the localities Here are the Local Offices Bills with a Summary of each: Legislationof Local Offices I Title Summary HB 130 Constitutional officers;dual office holding,prohibited for Provides that the current prohibition on dual office holding that is applicable deputies and other persons to constitutional officers also applies to deputies of such officers and any persons serving in such officer's absence until a special election to fill the vacancy is held HB 345 Municipal elections;city or town allowed to hold its Allows a city or town by majority vote of the kx l governing body to hold its elections on first Tuesday in May municipal elections on the first Tuesday in May HB 69 Vacancies in elected local offices;interim appointments, Requires the local governing body or elected school board making an interim notice requirement appointment to fill a vacancy in the membership of such body or board to hold a public meeting at least seven days prior to making such appointment. • Requires that at such meeting,the body shall announcethe namesofall persons being proposed for the interim appointment Shall make available for inspection each person's resume and any other materials required by the body or board HB 79 Special elections;elections permitted to be held on the Permits a special election to be held on the same day as a primary election same day as a primary election HB 417 Vacancies in elected local offices;timeliness of special Requires when a vacancy occurs In an elected local office that Is subject to a election to fill vacancy ward-based or district-based residency requirement,the election to fill such vacancy shall be ordered and held within 365 days of the vacancy occurring January 16, 2024 8 CITY COUNCILS BRIEFING GENERAL ASSEMBL Y LEGISLA TIVE UPDATE ITEM#75168 (Continued) Here is Legislation identified by stafffor opposition: SS 567 Siting of energy facllkles;approval by the State Corporation Commission Establishes a pmtedure under which an 0—m utility or independent power provider(applicant) Is able to obtain approval for a certificate from the State Corporation C—nne,ion for the siting of HS 6M Sitingof—My facilities;approval by the State Corporation Commission 11 mrgy fatllitt rather than from the governing body of alocality. • The bill epoles to arty solar energy facilely with a capacity of 50 megawatts or more,airy wind -ally 1-10 with a capacity of 100 megawatts or more,and any energy storage facility with a r.' * Plate upatlty of 50 megawatts or more and an energy discharge capability of 200 mHawan hours or more. 58 233 Faith in Housing for the Commonwea ith AR;constr aw of affordable Pa-nits a religlous organization to oumtrutt affordable housing on real estate owned by that housing religious orsinizatlon • Supersedes a i—iky's authority 'Support allowing faith organizations the a uthority to work with local Allofthe housing deve1oWent'stotal units must befor penoroof low Income,a—pt that up to governmemsto build affordable housing where n Rts within the bulky,zoning 20 p mare ofthe total units may be for persons of moderate Income,and&a percent of the no, authority or where It h appropriate.but oppose the ability to supersede the lout met be for staff of the raligious OKardtad-that owns the land;and toning authority The housing d—lcpment remain dedicated for persons of low income at the levels described in subdhblon 2 for at least 99 Years. HB 1328 Transient occupanry tames;administration. Grdralixes the oogettiom of the transient o¢upan tea with the Common—Ith other than locally h B 263 Retail Sa les and Use Tax;accommodations for transients. Sa les and use tam;accommodations for trenienn.Providestthat the term'retail sale'shall include the sale of accommodations to tranients for less than 30 days.Under cu-ant law,'retail sale' includes such sales to tranients for less than 90 days. 56 5"Short-term remal property;locality's ability to prohibit use of accessory Prohibits a locaiiry from barring the use of or requiring that..pecial emceptbn,special use,or dwelling unit conditional use permit be obtained for the use of an a :-rl'dwelling unit for a short-term rental in an Me toned for residential use where the primary dwelling unit on the site is occupied by the pmpertY own r. Questions? Mayor Dyer expressed his appreciation to Mr.Damon for the presentation. January 16, 2024 9 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#75169 3:14 P.M. Council Member Rouse advised she and Council Member Ross-Hammond attended the Minority Business Council(MBQ on January 12`h and was briefed on the process staff is using to review proposals that have been submitted to update the Disparity Study. Council Member Rouse advised if anyone is interested in the SWaM training sessions, they can go to https:l nance.virginiabeach.gov/swam-business to view the scheduled events. January 16, 2024 10 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75170 (Continued) Council Member Henley referenced the letter the Body received from the Chair of the Virginia Aquarium Foundation advising she is uncomfortable with the Request for Information (RFI)process in exploring alternative ownership models for the Aquarium. Council Member Henley expressed her concerns for individual Council Members to meet and negotiate with bidders and believes bidders should have discussions with the entire Body during a public meeting. Council Member Henley added, the Aquarium is not just an aquarium and is a special part of the City. Council Member Henley advised the Aquarium was started a long time ago as a suggestion by citizens and teachers who did a lot of work to have it established and any changes to it should include citizen input. Council Member Ross-Hammond advised she attended the opening of the South building at the Aquarium and was seated next to Wendy Adams, who explained as part of the garden club, she and others in the club collected$1,000 to donate for the establishment of the Aquarium. Council Member Ross-Hammond agreed with Council Member Henley that the Aquarium is special to the City's citizens. Council Member Remick asked if it is appropriate for individual or pairs of Council Members to meet with potential vendors and expressed the concern of how those meetings may be perceived. Council Member Berlucchi advised there have been several City Council Meetings when the Body has discussed the budgetary constraints and unfunded needs within the community such as schools,stormwater, recreation centers and staff needs. Council Member Berlucchi believes exploring other financial and operational management models is intended to find a way to optimize the positive impact in the community. Council Member Berlucchi advised according to the analysis given to the Body, citizens underwrite $8- Million each year to the Aquarium and as it is a substantial amount, it is important for the Body to be good stewards and responsible managers. Council Member Berlucchi expressed he believes it is appropriate and responsible to meet with potential bidders in order to learn about them and ask questions. Council Member Henley advised her point is that potential bidders should come before the Body in order for both the Body and Public to hear the information at the same time. Council Member Henley advised it would also be beneficial to have the Body's questions answered during a public meeting, so everyone has the same information. Council Member Taylor expressed his concern of some organizations having meetings and others who are not given the same opportunity as well as situations where some organizations only reach out to a few Council Members and not all. Council Member Taylor further expressed his concern of the Body granting money to organizations who have not provided financial and operational business models but if the organization has reached four(4)or five(5)members of the Body, then the request is added to the Agenda. Mayor Dyer cautioned if individual or pairs of Council Members meet with potential bidders, not to negotiate terms without consensus of the Body. Council Member Schulman advised he had questioned why funding went to the South Building project rather than the main building but after learning more about the animal care needs and how that links to the facility's accreditation, he understood the need for the South Building. January 16, 2024 11 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#75170 (Continued) Council Member Schulman advised the Virginia Aquarium Foundation's letter has several items that should be discussed with bidders and asked if members of the Foundation will be included in those discussions? City Manager Duhaney advised the Request for Information (RFI) is out now and is only to request experience information which then may lead to a Request for Proposal(RFP), right not there are no terms or negotiations being discussed. City Manager Duhaney advised that the Foundation is setting up separate meetings with bidders and he will contact the bidders to see if they would like to have public meetings. Council Member Schulman believes the Body is doing it's best to be good stewards and believes since$8- Million is subsidized to the Aquarium annually, anything beyond that should be discussed and evaluated. Council Member Schulman believes it is the Body's responsibility to explore other alternatives while being respectful to those who have poured their blood, sweat and tears into the Aquarium over the past twenty (20) to thirty(30)years. Council Member Taylor requested a public listing of all organizations the City subsidizes over$10,000 a year. Vice Mayor Wilson advised the Aquarium is one of the City's crown jewels however the cost to save the Aquarium is estimated to be $300-Million with annual operating costs at$8-Million and then add$700- Million for schools, the costs of stormwater and the costs of bids the City is losing is all a lot to consider and figure out. Vice Mayor Wilson believes it's important to have as much information as possible in order to make the best decision that will ensure the Aquarium is well cared for. Vice Mayor advised the Body has been told if the investment into repairing the Aquarium is not provided, the exhibits are at risk, and believes gathering as much information and involving stakeholders will help the Body make decisions to ensure all of the core missions are taken care of. Council Member Henley referenced the Foundation's letter and advised they provided revised size and scope for the project which will reduce the cost from$300-Million to one that is between$50 to$70-Million that would provide a modernized aquarium. Council Member Henley advised it is important to look at the Body's role to provide services to citizens and should have citizen input. Council Member Henley supported Council Member Taylor's request for a list of non-profit organizations who are subsidized and see what service they are providing. Council Member Henley advised the City could not do as much for citizens without non-profit organizations and there are a lot of them that should be looked at more closely. Council Member Berlucchi advised he has spent the past thirteen(13)years of his career with the Chrysler Museum of Art which is a cultural education institution and cares about the social, economic and educational impact it has on the community and believes similar institutions are the fabric of the community. Council Member Berlucchi believes it is important to have factual data in order to make objective and rational decisions that will allow citizens to continue to receive the services they have come to know and love. January 16, 2024 12 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75170 (Continued) Council Member Rouse advised the Body will host a Priorities Budget Meeting on January 18`h from 6:00 —7:30 P.M.at the Convention Center, to gain citizen input on the budget and items that will require difficult decisions like the Aquarium. Council Member Rouse advised she wants to make sure citizens are aware of this public meeting so they can attend and give their input. Mayor Dyer advised one of the challenges is how to get to "yes"and finding balance going forward. Mayor Dyer advised the stormwater project has increased from $567-Million to $1-Billion, there are increases expected with school modernization or replacement and other infrastructural needs which are necessary in order to run a City of this size. Mayor Dyer advised many of the organizations that are subsidized are an extension ofgovernment to reach the community. Mayor Dyer advised the challenge goingforward will be finding a balance and finding new revenue streams to help fund all of the needs. Mayor Dyer expressed his appreciation to the Body for the good conversation today. January 16, 2024 13 CITY COUNCIL DISCUSSIONIINITWIVES/COMMENTS ITEM#75171 (Continued) Council Member Ross-Hammond announced that today, Council Member Rouse was awarded the Martin Luther King, Jr. Distinguished Leadership Award by Tidewater Community College and expressed her pride in Council Member Rouse's achievement. January 16, 2024 14 AGENDA REVIEW SESSION ITEM#75172 4:21 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCESIRESOL UTIONS 1. Ordinance to AUTHORIZE a 20' (3,216 square feet) Utility Easement across a portion of the City's Lake Gaston Pipeline to Greenville County Water and Sewer Authority and DECLARE such easement to be in EXCESS of the City's needs 2. Resolution to DISSOLVE the Investigation Review Panel 3. Ordinance to EXTEND the date to satisfy the conditions re closing approximately 21,961 square feet portion of former Princess Anne Road adjacent to 2040 Nimmo Church Lane 4. Resolution to DIRECT the City Manager to undertake an Economic Impact Study and Infrastructure Cost Analysis for the Virginia Beach Sports and Convention District(the "District') and PROVIDE further direction on the Land Use Plan that includes the District re Capstone Proposal(Requested by Mayor Dyer) 5. Ordinance to ACCEPT and APPROPRIATE $125,092 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re substance abuse prevention and treatment programs 6. Ordinance to ACCEPT and APPROPRIATE $116,558 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re STEP-VA initiative 7. Ordinance to ACCEPT and APPROPRIATE$46,300 from the Virginia Department of Criminal Justice Services to the FY 2023-24 Human Services Operating Budget re Community Corrections and Pretrial Services 8. Ordinance to TRANSFER$25,000 from the General Fund Reserve for Contingencies to the Non- Departmental Operating Budget and AUTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads, Inc. re 40`h Annual Martin Luther King, Jr. Awards Breakfast (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Ross-Hammond and Schulman) 9. Ordinance to TRANSFER $150,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs and AUTHORIZE a grant to the Virginia Musical Theatre,Inc. re support its productions (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Henley, Remick, Ross-Hammond and Schulman) January 16, 2024 15 AGENDA REVIEW SESSION ITEM#75172 (Continued) J. ORDINANCES/RESOL UTIONS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM#8 ITEM#9 WILL BE CONSIDERED SEPARATELY January 16, 2024 16 AGENDA REVIEW SESSION ITEM#75172 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. MATTHEW A. GALUMBECK& JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION,A DEFUNCT CORPORA TIONfor a Street Closure re a portion of an unimproved lane adjacent to the rear of 7502& 7504 Atlantic Avenue DISTRICT 6 2. RAHSHA BATISTE/ VICINITY HOLDINGS, LLC for a Change of Zoning from O-2 Off ce District to B-2 Community Business District and a Conditional Use Permit re tattoo parlor at 3396 Holland Road DISTRICT 10 3. JAMILA BARNES/EXECUTIVE COVE,LLCfor a Conditional Use Permit re tattoo parlor at 5608 Virginia Beach Boulevard, Suite 505 DISTRICT 4 4. TIFFANY LUONG/CHAMBORD COMMONS, LLC for a Conditional Use Permit re tattoo parlor at 332 North Great Neck Road, Suites 103& 104 DISTRICT 6 5. ALLIENA WESTLEIGH / SAW CONTRACTING, INC for a Conditional Use Permit re residential kennel at 5205 Shore Drive DISTRICT 9 K. PLANNING ITEM.- ITEM#5 WILL BE CONSIDERED SEPARATEL Y January 16, 2024 17 ITEM#75173 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 2.2-3 711(A)(3). • District 2 • District 4 LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(8). • VB One, L.P. Loan Agreement January 16, 2024 18 ITEM#75173 (Continued) Upon motion by Council Member Rouse, seconded by Council Member Schulman, City Council voted to proceed into CLOSED SESSION at 4:28 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 4:28 P.M. — 4:38 P.M. Closed Session 4:38 P.M. — 5:24 P.M. January 16, 2024 19 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JANUARY 16,2024 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 16, 2024, at 6:00 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, 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: Reverend Dee Dee Carson Pastor, First Presbyterian Church MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. January 16, 2024 20 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 16, 2024 21 V.F CERTIFICATION ITEM#75I74 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, 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 16, 2024 G�NIA.Um O Gj Um : rY 1 o : OF OUR HOaS 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#75173 on Page 18 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. n�N\ Aka,03 Barnes,IC City Clerk January 16, 2024 22 ITEM— V G.1 MAYOR'S PRESENTATION ITEM#75175 PROCLAMATION NATIONAL SLAVERYAND HUMAN TRAFFICKING PREVENTION MONTH On behalf of Mayor Dyer, Council Member Wooten welcomed Lisa Kersey—Freekind and Naomi Estaris —Endewel and read the Proclamation declaring the month of January as, "NATIONAL SLAVERYAND HUMAN TRAFFICKING PREVENTION MONTH", and called upon all citizens to become more informed on this growing problem, to be vigilant, report suspicious activity and work towards solutions to end trafficking in all its forms in the community. Ms.Kersey and Ms.Estaris expressed their appreciation to City Council for this recognition and continued support. January 16, 2024 U _r- U, BUR NAS%l Prodamation '6 TwRar. .7luman trafficking is a form of modern-day slavery where people profit from the control and exploitation of others.gfiis includes sex trafficking,forced labor anddomestic servitude,and %4erear 9fuman trafficking erodes personal dignity and destroys the moraffa6ric of society. It is an affront to humanity that tragicalfy reaches ad parts of the worfrf,including Mampton Wgads and Virginia Beach.Teople of every age,gender,race,religion,and nationaGzy are devastated by this grave offense;and %*ereas: Even though awareness of this crime is growing,human trafficking continues to go unreporteddue to its isolating nature, the mimnderstanding of its definition,and the lackof awareness about its indicators,•and 'Whereas. Increased community education on hate to identify victims of human trafficking along with increased knowledge of focal resources andservices for those affected 6y these criminalactions can help restore freedom and dignity to identifwdsurvivors;as welfas help diminish the number of future victims;and Mer= Naomi Estaris is a longtime advocate,community leader against human trafficking and the organizer of Enjewef(Equafsty andiustxce forEvery'Woman Every Land) EnSewef is a non- profit organization that was created to eradicate human trafficking locally andgfobalfy. Naomi colfa6orates with locaffeaders to engage the community by providing education regarding possible targets of human trafficking as weaas empowering victims,indrviduafs,and irocal6usinesses to worktogether towards eliminating human trafficking within our community;and Iowa= During NationalSlavery andMuman Trafficking Trevention Wontk we reaffirm our unwavering commitment to raise awareness of andworkto eradicate this horrific injustice. Now,Ifrerefore I,W96ert 5R. (Bo66y"Oyer,Wayor of the Crty ofVirginia.Beach,Virginia,do hereby proclaim.• aanuary 1616 5Vation dAmery and'Iluman 2'ra,fftking Mention Month In Virginia Beach,I calf upon alfcitizens to become more informed on this growing pro6lem,to be vigilant and report suspicious activity,and to worktowards solutions to end trafficking in all its forms in our community. In%&nm ti 4iffwf, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affixed this Sixteenth Day of,7anuary,Two?tousandandTwenty-TFour. ",�a 4Z9bert 91f. "Bo66y'Dyer Wayor 23 ITEM— Y.H.1 PUBLIC HEARING ITEM#75176 Mayor Dyer DECLARED a PUBLIC HEARING: A CQ UISITION B Y A GREEMENT OR CONDEMNATION Centerville Turnpike Phase II Project There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING January 16, 2024 24 ITEM— V.LI FORMAL SESSION AGENDA ITEM#75177 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items. Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolution A 1, 3, 5, 6 and 7 and Planning Items K. 1, 2, 3 and 4 Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None J. ORDINANCESIRESOL UTIONS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM#8 ITEM#9 WILL BE CONSIDERED SEPARATELY K PLANNING ITEM: ITEM#5 WILL BE CONSIDERED SEPARATELY January 16, 2024 25 ITEM— V.11 ORDINANCESIRESOL UTIONS ITEM#75178 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a 20'(3,216 square feet) Utility Easement across a portion of the City's Lake Gaston Pipeline to Greenville County Water and Sewer Authority and DECLARE such easement to be in EXCESS of the City's needs Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, 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 16, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE GRANTING A 20' 4 (3,216 SQ. FT.) UTILITY EASEMENT ACROSS A 5 PORTION OF THE CITY'S LAKE GASTON PIPELINE 6 PROPERTY LOCATED IN THE TOWN OF JARRATT, 7 GREENSVILLE COUNTY,VIRGINIA TO GREENSVILLE 8 COUNTY WATER & SEWER AUTHORITY AND 9 DECLARING SUCH EASEMENT TO BE IN EXCESS OF 10 THE CITY'S NEEDS 11 12 WHEREAS,the City of Virginia Beach owns and maintains the Lake Gaston 13 Pipeline,which extends from Brunswick County to Isle of Wight County(the"Pipeline'),and 14 provides raw water from Lake Gaston to the City of Virginia Beach; 15 16 WHEREAS, a portion of the City-owned right-of-way through which the 17 Pipeline runs, intersects with South Allen Road (Route 610) in the Town of Jarratt, 18 Greensville County, Virginia (the "Property"); 19 20 WHEREAS, Greensville County Water & Sewer Authority ("GCWSA") has 21 requested that the City grant it a 20' utility easement consisting of approximately 3,216 sq. 22 ft.(0.074 acres)(the 'Easement")across a portion of the Property in the location shown on 23 the plat attached hereto as Exhibit A and made a part hereof, for the purpose of installing 24 and maintaining buried pipes with an 18" waterline in a 30" bored casing that will serve 25 Greensville County; and 26 27 WHEREAS, Public Utilities has advised that granting the Easement will not 28 interfere with the City's operation of the Pipeline. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 That the Easement is hereby declared to be in excess of the City's needs, 34 and the City Manager is hereby authorized to execute the necessary documents to grant 35 the Easement as shown on the plat attached hereto as Exhibit A and made a part hereof; 36 and 37 38 That the documents granting the Easement shall be consistent with the 39 Summary of Terms attached hereto as Exhibit B and made a part hereof, with such other 40 terms, conditions or modifications as may be acceptable to the City Manager and in a form 41 deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h 44 day of January , 2024, i THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL CA16240 R-1 PREPARED: 1117/23 %\vbgov.comldfs1lapplicabonskdi awlcycom321wpdomwol31pM8100925998.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: , �.J __), _Z P L WOR S, REAL ESTATE CITY ATTORNEY APPROVED AS TO CONTENT: PU13LIC UTI ITIES, ENGINEERING z 8p +lo SAKLUELPATRKK • S (09/07/231 mn 1AltOUw a"u V , A G 1 L4 s PROP 20' ; N 1 �� PERMANENT``. S r\ \ \ UTILITY EASEA NT 0R6 q<<FN� `$1 � 1 Easement Line Table i <-� — — Beari g Length LiL1# N28 SB`n05"E 180 99' L2 N82'3T 39'W 21.6D L3 N28'56'06"E 18D.59' , LA S83'38'12'E 21.86' _ � 1 L6 N82'3T 39W 38.41' TAX MAP*:12132-7-17 S. � WF THE CITY OF VIRGINIA BEACH L6 383'38 12'E 82.30' THERE ARE 0.07 AC3(3,216SQFT)IN + PROPORTION OF THE 20 FT.WIDE L7 S82'38'12"E 16,81' PROPOSED PERMANENT UTILITY EASEMENT `,``•\ -_ A, EXHIBIT A SEPTEMBER 7,2023 025 -- SCALE: V = 50' OWNER: LEGEND NAME: GREENSVILLE COUNTY WATER&SEWER AUTHORTY -- PROPER LI E CONTACT: GLEN GIBSON ADDRESS: 1781 GREENSVILLE COUNTY CIRCLE _ —''—'—' PROPOSED EASEMENT EMPORIA VIRGINIA23847 EXISTING EASEMENT PHONE: (434)348-4213 EXISTING OVERHEAD POWER EXISTING WATERLINE PROPERTY INFO: EXISTING FORCEMAIN TAX MAP*:12B2-7-F-6 _ EXISTING PAVEMENT SURVEY DATUM:NAD83,VA STATE PLANE,SOUTH ZONE EXISTING BUILDING/STRUCTURE •k\f ro}cb\9rvww#1.0*unb\Mvnk pel\1M1F'\R20 5-Jore11 MrP dat00 EvwbnWwc\VL- 5ftd" *•v m. 023- 10-:- EXHIBIT "B" SUMMARY OF TERMS GRANTOR: City of Virginia Beach GRANTEE: Greensville County Water& Sewer Authority EASEMENT: 20' utility easement, consisting of 3,216 sq. ft., or 0.074 acres, more or less, crossing the City's right-of-way housing the City's Lake Gaston Raw Water Pipeline and lying adjacent to the western right-of-way line of South Alien Road (Route 610) in Greensville County, Virginia CONSIDERATION: No consideration will be required CONDITIONS OF SALE: • The Grantor shall have the right but not the obligation to repair or remove the Grantee's facilities in the Easement in the event of an emergency, public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. • The Grantee shall indemnify, hold harmless and defend the City and{its agents and employees from all claims, damages, losses and expenses in case it shall be necessary to file or defend an action arising out of the Grantee's use of the Easement. • No construction or maintenance of facilities, other than those specified in the Deed of Easement will be permitted. • Grantee must notify the City within at least 48-hours of construction within the right-of-way to arrange for a City representative to be on-site to oversee the construction. • If any utility conflicts are determined between the Easement and the City's use of the existing water line, work shall not commence until the City's Public Utilities Department approves all construction plan revisions. • Grantee may not charge Grantor any fees or costs for future requests to encroach into the Easement, if any, and shall review all such requests promptly. 26 ITEM— V J.2 ORDINANCESIRESOL UTIONS ITEM#75179 The following registered to speak.- Craig Hensen, 1825 Garden Drive, Phone: 377-5270, expressed his appreciation to City Council for establishing the Investigation Review Panel and the Independent Citizens Review Board. Vice Mayor Wilson invited the current Investigation Review Panel appointed members to come forward to receive certificates of appreciation for their service. In attendance was Chair Susan Mayo, Vice Chair Barbara Booker-Williams, William Hearst and William Rice. Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council ADOPTED Resolution to DISSOLVE the Investigation Review Panel Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 1 A RESOLUTION TO DISSOLVE THE INVESTIGATION 2 REVIEW PANEL 3 4 WHEREAS, in 1991 , the City Council adopted a resolution authorizing the City 5 Manager to establish an Investigation Review Panel ("IRP") to review investigations into 6 citizen complaints conducted by the Police Department's Internal Affairs when such 7 review was requested by the citizen; 8 9 WHEREAS, in 2012, the City Council reconstituted the IRP, and it has continued 10 to hold hearings when requested by a citizen in accordance with its Policy and 11 Procedures; 12 13 WHEREAS, in November 2021, pursuant to new state enabling legislation that 14 authorized the City Council to create a civilian oversight board with additional duties and 15 powers, and in accordance with the unanimous recommendations of the Council-created 16 Citizens Review Panel Task Force ("Task Force"), the City Council adopted an ordinance 17 to establish the Independent Citizen Review Board ("ICRB") as the City's law- 18 enforcement civilian oversight board; 19 20 WHEREAS, because the citizens who would be appointed to the ICRB needed to 21 be interviewed and carefully selected in order to ensure that the membership reflects the 22 demographic diversity of the City, and because the Task Force recommended that the 23 appointed members undergo extensive training and a board liaison needed to be hired, 24 the IRP has continued to function so as to ensure that citizens would have access to a 25 citizen review panel until such time as the ICRB was ready to begin conducting hearings; 26 27 WHEREAS, the City Council appointed the members of the ICRB, members of the 28 ICRB have undergone more than 50 hours of training, and a Board Liaison has been 29 hired, effective January 4, 2024; and 30 31 WHEREAS, the City will be ready to transition from the IRP to the ICRB by 32 February 1, 2024; 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA, THAT: 36 37 1. The Investigation Review Panel is dissolved, effective February 1, 2024. 38 39 2. The City Council thanks the members of the Investigation Review Panel for 40 their service to the City. 41 42 3. The City Manager will direct City staff to take all steps necessary to ensure an 43 orderly transition from the IRP to the ICRB. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of January , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cit Manager's Office L City Attorney's Office CA16395 R-3 January 9, 2024 27 ITEM— V.13 ORDINANCES/RESOL UTIONS ITEM#75180 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BYCONSENT, Ordinance to EXTEND the date to satisfy the conditions re closing approximately 21,961 square feet portion of former Princess Anne Road adjacent to 2040 Nimmo Church Lane Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, 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 16, 2024 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN APPROXIMATELY 4 21,961 SQ. FT. PORTION OF FORMER 5 PRINCESS ANNE ROAD ADJACENT TO 2040 6 NIMMO CHURCH LANE 7 8 WHEREAS, on January 17, 2023, the Council of the City of Virginia Beach acted 9 upon the application of Nimmo United Methodist Church ("Applicant") for the closure of 10 an approximately 21,961 sq. ft. portion of public right-of-way known as Princess Anne 11 Road (the "Right-of-Way"), adjacent to 2040 Nimmo Church Lane (the "Property"), for 12 the purpose of incorporating the closed area into the Property; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3718A) to close the 15 aforesaid portion of right-of-way, subject to certain conditions being met on or before 16 January 16, 2024; and 17 18 WHEREAS, on December 11, 2023, the Applicant requested an extension of 19 time to satisfy the conditions to the aforesaid street closure action. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 22 Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on January 17, 2023 (ORD-3718A), upon application of Nimmo United 26 Methodist Church, is extended to January 16, 2025. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 16th day 29 of January , 2024. No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2414-05-4907, 2414-05-3573 and 2414-05-0844 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 6 City Attorney Planning Department CA16266 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d015\p049\00932847 doc R-1 December 27, 2023 28 ITEM— V.14 ORDINANCESIRESOL UTIONS ITEM#75181 Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council ADOPTED Resolution to DIRECT the City Manager to undertake an Economic Impact Study and Infrastructure Cost Analysis for the Virginia Beach Sports and Convention District (the "District') and PROVIDE further direction on the Land Use Plan that includes the District re Capstone Proposal (Requested by Mayor Dyer) Voting: 7-4 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M.Henley,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: None January 16, 2024 REQUESTED BY MAYOR DYER AND COUNCILMEMBER REMICK 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO UNDERTAKE AN ECONOMIC IMPACT STUDY 3 AND INFRASTRUCTURE COST ANALYSIS FOR 4 THE CAPSTONE PROPOSAL FOR THE VIRGINIA 5 BEACH SPORTS AND CONVENTION DISTRICT 6 (THE "DISTRICT") AND TO PROVIDE FURTHER 7 DIRECTION REGARDING THE LAND USE PLAN 8 THAT INCLUDES THE DISTRICT 9 10 WHEREAS, the City issued a Request for Letter of Interest and Qualifications 11 (RLIQ) for a Mixed-use Development Adjacent to the Convention Center and Sports 12 Center in May 2022; 13 14 WHEREAS, the City received one response to the RLIQ, from Capstone 15 Development ("Capstone"); 16 17 WHEREAS, the City Council received a presentation from the CEO of Capstone 18 at its October 3, 2023 Informal Session; 19 20 WHEREAS, the City Council adopted its Focused Action Plan on October 17, 21 2023, and this plan directs preparation of a land use plan for the portion of the City that 22 includes the District and the ViBE, and the City Manager and staff are pursuing such 23 land use plan based on the direction provided by the adoption of the Focused Action 24 Plan; 25 26 WHEREAS, the City Council believes having additional information regarding the 27 economic impact — residential, retail, and hotel — of the Capstone Proposal would assist 28 the City in reviewing the desirability of such proposal and whether the project would 29 provide a net positive return on the City's potential investment; 30 31 WHEREAS, the City Council believes an infrastructure cost analysis for the 32 property that was the subject of the RLIQ will assist the City in understanding the costs 33 associated with public improvements including stormwater infrastructure, public utilities, 34 parking, and roads needed to support development of the property; 35 36 WHEREAS, the estimated cost for the economic impact study is approximately 37 $25,000 and the estimated cost for the infrastructure cost analysis is $50,000; 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 The City Manager is hereby directed to undertake the aforementioned economic 43 impact study and infrastructure cost analysis for the Capstone proposal for the District. 44 The results of such study and analysis shall be presented to the City Council in a public 45 meeting. Subsequent to such presentation, the City Council desires to provide an 46 opportunity for public comment to allow the Council to receive the input of the residents 47 and other interested parties. 48 49 BE IT FURTHER RESOLVED, THAT: 50 51 For the land use study, the City Manager shall include the Virginia Museum of 52 Contemporary Art, the Visitor's Center, and the 17th Street Corridor. The study shall 53 review compatible uses for the District including uses that are compatible with the 54 Virginia Beach Sports Center and possible action sports uses. The land use study shall 55 include input of the Historic Seatack Community. The City Manager is authorized to 56 transfer funds from available appropriations to support the costs of the land use study. 57 Such land use plan shall be presented to the City Council and the public for review and 58 comment. 59 60 Adopted by the City Council of the City of Virginia Beach, Virginia, this 16th 61 day of January , 2024. APPROVED AS TO LEGAL SUFFICIENCY: Cit orney's Office CA-16394 R-4 January 15, 2024 29 ITEM— V.J.5 ORDINANCESIRESOL UTIONS ITEM#75182 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$125,092 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re substance abuse prevention and treatment programs Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR SUBSTANCE ABUSE PREVENTION AND 3 TREATMENT PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT- 7 8 $125,092 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with state revenue increased accordingly, 10 to the FY 2023-24 Operating Budget of the Department of Human Services for substance 11 abuse prevention and treatment programs. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of January 2024. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services torney's Z5ffice CA16391 R-1 January 3, 2024 30 ITEM— V J.6 ORDINANCESIRESOL UTIONS ITEM#75183 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$116,558 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re STEP-VA initiative Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE STEP-VA INITIATIVE 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $116,558 is hereby accepted from the Virginia Department of Behavioral Health 8 and Developmental Services and appropriated, with state revenue increased accordingly, 9 to the FY 2023-2024 Operating Budget of the Department of Human Services for the 10 STEP-VA initiative. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of January , 2024. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City orney's Office CA16390 R-1 January 3, 2024 31 ITEM— V.J.7 ORDINANCESIRESOL UTIONS ITEM#75184 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRUTE$46,300 from the Virginia Department of Criminal Justice Services to the FY2023-24 Human Services Operating Budget re Community Corrections and Pretrial Services Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR COMMUNITY CORRECTIONS AND 3 PRETRIAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $46,300 from the Virginia Department of Criminal Justice Services is hereby 9 accepted, and appropriated with revenue from the Commonwealth increased accordingly, 10 to the FY 2023-2024 Department of Human Services Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of January 2024. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I i � Budget and Management Services orney's Office CA16392 R-1 January 3, 2024 32 ITEM— V.J.8 ORDINANCESIRESOL UTIONS ITEM#75185 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to TRANSFER $25,000 from the General Fund Reserve for Contingencies to the Non- Departmental Operating Budget and AUTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads,Inc. re 40'h Annual Martin Luther King,Jr.Awards Breakfast(Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Ross-Hammond and Schulman) Voting: 8- 1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson Council Member Voting Nay: Chris Taylor Council Members Abstaining: Barbara M. Henley—Due to not having enough information Sabrina D. Wooten Council Members Absent: None January 16, 2024 JtiQ'Gl�IA'BEAc� N _ City of Vh-ginia Beach 2 t� �o�g9�s 5 0�v OE- OUR NAT'O� January 16, 2024 VBgov.com 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. 0086132 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: l. I am executing this written disclosure regarding the City Council's discussion and vote on the ordinance to transfer $25,000 from the General Fund Reserve for Contingencies to the Non-Departmental Operating Budget and Authorize the City Manager to execute a sponsorship agreement with the Urban League of Hampton Roads, Inc. regarding the 40d'Annual Martin Luther King, Jr. Awards Breakfast. 2. The Urban League has disclosed that TowneBank is a service provider with respect to this transaction. I have business dealings with TowneBank, which is located at 600 22"d Street in Virginia Beach. 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, LSabrina��D) Wooten Councilmember SDW/RRI REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, ROSS-HAMMOND AND SCHULMAN 1 AN ORDINANCE TO TRANSFER $25,000 TO THE 2 NON-DEPARTMENTAL BUDGET AND TO 3 AUTHORIZE THE CITY MANAGER TO EXECUTE A 4 SPONSORSHIP AGREEMENT WITH THE URBAN 5 LEAGUE OF HAMPTON ROADS, INC. 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $25,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to the Non-Departmental Section of the Operating Budget. The City Manager is hereby 12 authorized to execute a sponsorship agreement with the Urban League of Hampton 13 Roads, Inc., for the 40th Annual Martin Luther King Jr. Awards Breakfast. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of January 2024. APPROVED AS TO LEGAL SUFFICIENCY: City-AZtorney's f-i6e CA16399 R-2 January 11, 2024 33 ITEM— V.J.9 ORDINANCESIRESOL UTIONS ITEM#75186 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance to TRANSFER$150,000 from the General Fund Reserve for Contingencies to the Department of Cultural Affairs and AUTHORIZE a grant to the Virginia Musical Theatre,Inc.re support its productions (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Henley, Remick, Ross-Hammond and Schulman) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley, David Hutcheson, 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 16, 2024 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, HENLEY, REMICK, ROSS-HAMMOND, AND SCHULMAN 1 AN ORDINANCE TO TRANSFER $150,000 TO THE 2 DEPARTMENT OF CULTURAL AFFAIRS AND TO 3 AUTHORIZE A GRANT TO VIRGINIA MUSICAL 4 THEATRE, INC. 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $150,000 is hereby transferred from the General Fund Reserve for Contingencies 10 to the Department of Cultural Affairs. Such amounts are authorized for the Arts and 11 Humanities Commission to provide a grant to the Virginia Musical Theatre, Inc., to support 12 its productions. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of January 2024. APPROVED AS TO LEGAL SUFFICIENCY: it �rViff CA16398 R-1 January 10, 2024 34 ITEM— V.KI PLANNING ITEM ITEM#7518 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of MATTHEW A. GALUMBECK & JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION, A DEFUNCT CORPORA TIONfor a Street Closure re a portion of an unimproved lane adjacent to the rear of 7502& 7504 Atlantic Avenue DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MATTHEW A. GALUMBECK & JAMES T. CROMWELL, ESQ., RECEIVER FOR SHORE REALTY CORPORATION, A DEFUNCT CORPORATIONfor a Street Closure re a portion of an unimproved lane adjacent to the rear of 7502& 7504 Atlantic Avenue (GPIN) DISTRICT 6 The following conditions shall be required: L The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the lane to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall verb that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by the City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1)year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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 16`h day of January Two Thousand Twenty Four. January 16, 2024 35 ITEM— V K.1 PLANNING ITEM ITEM#7518 7 (Continued) Voting. 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 1 ORDINANCE APPROVING APPLICATION OF MATTHEW 2 A. GALUMBECK AND JAMES T. CROMWELL, ESQ., 3 RECEIVER FOR SHORE REALTY CORP., FOR THE 4 CLOSURE OF A PORTION OF AN UNIMPROVED LANE 5 ADJACENT TO THE REAR OF 7502 & 7504 ATLANTIC 6 AVENUE 7 8 WHEREAS, Matthew A. Galumbeck and James T. Cromwell, Esq., Receiver for 9 Shore Realty Corporation, a defunct corporation (collectively, the "Applicants"), applied 10 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 11 unimproved right-of-way discontinued, closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION 1 21 22 That the hereinafter described unimproved right-of-way (the "Right-of-Way") be 23 discontinued, closed and vacated, subject to certain conditions being met on or before 24 one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (525 SQ. FT. OR 0.012 ACRES)" and shown as the hatched 30 area on that certain street closure exhibit entitled: "STREET 31 CLOSURE EXHIBIT OF A 15' X 35' PORTION OF THE 15' 32 LANE (PUBLIC R/W) ADJACENT TO LOTS 12 & PART OF 33 LOT 11 SHORE REALTY CORP. (M.B. 7, PG. 124) VIRGINIA 34 BEACH, VIRGINIA", Scale: 1" = 20', dated September 20, 35 2023, prepared by WPL, a copy of which is attached hereto as 36 Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1. The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPINs: 2419-67-2076 and 2419-67-1078-1850 48 determined according to the "Policy Regarding Purchase of City's Interest in Streets 49 Pursuant to Street Closures," approved by City Council. 50 51 2. The Applicants shall resubdivide the property and vacate internal lot lines 52 to incorporate the closed area into the adjoining lots. The resubdivision plat must be 53 submitted and approved for recordation prior to the final street closure approval. Said 54 plat shall include the dedication of a public drainage easement over the closed portion 55 of the Right-of-Way to the City of Virginia Beach, subject to the approval of the 56 Department of Public Works and the City Attorney's Office, which easement shall 57 include a right of reasonable ingress and egress. 58 59 3. The Applicants or the Applicants' successors or assigns shall verify that 60 no private utilities exist within the Right-of-Way proposed for the closure. If private 61 utilities do exist, easements satisfactory to the utility company, must be provided. 62 63 4. Closure of the Right-of-Way shall be contingent upon compliance with the 64 above stated conditions within 365 days of approval by the City Council. If the 65 conditions noted above are not accomplished and the final plat is not approved for 66 recordation within one year of the City Council vote to close the Right-of-Way this 67 approval shall be considered null and void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before January 15, 2025, 72 this Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before January 15, 2025, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if 79 any, that may be requested to convey such interest, provided said documents are 80 approved by the City Attorney's Office. 81 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH ("Grantor") and MATTHEW A GALUMBECK and JAMES T. 87 CROMWELL, ESQ., Receiver for Shore Realty Corporation, a defunct corporation 88 ("Grantees"). 89 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this 16th day 91 Of January 2024 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16250 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d027\p048\00934868.doc R-1 December 29, 2023 3 EXHIBIT A N/F co Vi ^o CHRISTOPHER G. CARZO & o'QDINN/gTAT Z CYNTHIA E. FULMER-CARZO C-iGPIN: 2419-67-1078-1840 40 EM, ENE AND L OF 0993 Ty NE t'l ygZo = DEBORAH DARE �(1 RNJ GPIN: 2419-67-1078-1850 �- LOTS 15 & 16 RIC ARNER (M.B. 7, PG. 124 Lie. 2904 15' LANE 35.00' \ 1012412023 (M.B. 7, Ply. 124) I O (UNIMPROVED) F h hl �d SUgq 40.00' 35.00' N 14'18'24" W 75.00' PORTION OF 15' LANE I PORTION OF 15' & 10' LANE CLOSED i LANE CLOSED BY BY CITY COUNCIL ON AREA OF PROPOSED CITY COUNCIL ON SEPTEMBER 15, 2020, I STREET CLOSURE SEPTEMBER 20, ORDINANCE NUMBER (525 SO. FT. OR 2022, ORDINANCE ORD-3639K & o i 0.012 ACRES) NUMBER ORD-3712C. ORD-3674J. I o 0 3 MATTHEW A./GALUMBECK h Lu (I.N. 20140407000294230) °� : LOTS 10, 11, & 12 !� N/F (M.B. 7, PG. 124) N/F ROBERT TEMPLE & ^ GPIN: 2419-67-2076 ^ SCOTT WASHBURN & SHANNON WIDGEON cn Z VOLHA WASHBURN (I.N. 202203052728) i i (I.N. 202303027780) LOTS 8 & 9 I I LOTS 13 & 14 (M.B. 7, PG. 124) (M.B. 7, PG. 124) GPIN:2419-66-2998 i i GPIN:2419-67-2161 50' TO NOTES: S 14'18'24" E 75.00' 76th __AV-- 1. THIS EXHIBIT IS INTENDED TO SHOW THE A TLANT/C A VENUE STREET AREA OF PROPOSED RIGHT-OF-WAY CLOSURE (120, R/IV) (M.B. 1, PG 86) (D.B. 119, PG. 213) AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) AND IS NOT INTENDED 0 20 40 60 Feet FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED GRAPHIC SCALE 1" = 20' FOR THIS PROPERTY. STREET CLOSURE EXHIBIT OF A 15'z35' PORTION OF THE 15' LANE (PUBLIC R/W) ADJACENT TO LOTS 12 & PART OF LOT 11 SHORE REALTY CORP. L« kcmts� (M.B. 7, PG. 124) Lmw cm E 7574311041 VIRC*INIA BEACH, VIRGINIA SHEET 1 OF 1 116UNC 11M1 SIE 8 W=8W%1W SCALE: 1"=20' SEPTEMBER 20, 2023 CAD/chk: EG/eg CITY OF VIRGMU BEACH, VA F.B.937 PG.2-3 PLAT: S-246 JN:223-0076 36 ITEM— VK.2 PLANNING ITEM ITEM#75188 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT,application ofRAHSHA BATISTE/VICINITYHOLDINGS,LLC for a Change of Zoning from 0-2 Office District to B-2 Community Business District and a Conditional Use Permit re tattoo parlor at 3396 Holland Road DISTRICT 10 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RAHSHA BATISTE/ VICINITY HOLDINGS, LLC for a Change o Zoning from 0-2 Office District to B-2 Community Business District and a Conditional Use Permit re tattoo parlor at 3396 Holland Road(GPIN) DISTRICT 10 The following conditions shall be required: L A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 160 day of January Two Thousand Twenty Four. January 16, 2024 37 ITEM— V.K.2 PLANNING ITEM ITEM#75188 (Continued) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 ` Al2 ,;- ,A-1-2/ _ o E . `PD H 1G o011 1 0 'ptic ' B2 B2 02 02 o O /13-2 Al2 Al2 B2 B2 ` B2 J�Al2o A-12 RDM PM1 \ o ID Rahsha Batiste N Site 3396 Holland Road W E ® s Property_Polygons Zoning Feet Building 0 30 60 120 180 240 300 360 38 ITEM— V.K3 PLANNING ITEM ITEM#75189 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT,application ofJAMILA BARNES/EXECUTIVE COVE,LLCfor a Conditional Use Permit re tattoo parlor at 5608 Virginia Beach Boulevard, Suite 505 DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JAMILA BARNES/EXECUTIVE COVE, LLC for a Conditional Use Permit re tattoo parlor at 5608 Virginia Beach Boulevard, Suite 505 (GPIN)DISTRICT 4 The following conditions shall be required: L A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 161h day of January Two Thousand Twenty Four. Voting: I1-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 _ - �84i O 64O O ' o B.2 12 12 OOo� B/2 O V A1t2 A�18 ?A- 18. O O a� VII, ail 0 O O B2 a i O O \\a B�2 B2OM 0 02 o , B2 1-0© R , 3 B2 0 0 �R7.5 h; R0 10 R=1�0 Ve°4 R10 R1 � R7.5 a B2 B2 � !'cy B2 e2 Jamila Barnes N Site 5608 Virginia Beach Boulevard, Suite 505 W E S Property_Polygons Zoning Feet �� Building 0 50100 200 300 400 500 600 39 ITEM— V.K.4 PLANNING ITEM ITEM#75190 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT, application of TIFFANY LUONG/CHAMBORD COMMONS,LLC for a Conditional Use Permit re tattoo parlor at 332 North Great Neck Road, Suites 103& 104 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TIFFANYLUONG/CHAMBORD COMMONS,LLCfor a Conditional Use Permit re tattoo parlor at 332 North Great Neck Road, Suites 103& 104(GPIN) DISTRICT 6 The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`'' day of January Two Thousand Twenty Four. Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 i O rIR1� B2R."7-15 � . R fO 2,B2B2 � j o V 07--- R7.5 1 R\7<5 o B02o \ o 2 3 o (�� R7.5 ri R7.5 a� o_ 02 C1 Z 02 B2 B2 m 02 0 B2lav B�2 d ..�, ° each f Tiffany Luong N Site 332 North Great Neck Road, Suites 103 & 104 � • s Property_Polygons v : Zoning Feet �� Building 0 3060 120 180 240 300 360 40 ITEM— V.K.5 PLANNING ITEM ITEM#75191 The following registered to speak. Alliena Westleigh, applicant, 5205 Shore Drive, spoke to request amending the conditions of the Conditional Use Permit Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council DEFERRED TO FEBRUARY20, 2024, application ofALLIENA WESTLEIGH/SAW CONTRACTING,INCfor a Conditional Use Permit re residential kennel at 5205 Shore Drive DISTRICT 9 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 41 ITEM— V.L. APPOINTMENTS ITEM#75192 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 90 DAY FESTIVAL TASK FORCE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SER VICES BOARD DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT 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 PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITIONAREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN A GRICUL TURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD January 16, 2024 42 ITEM— V L APPOINTMENTS ITEM#75193 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: CARLA HESSELTINE MARK JOHNSON GERALD DANIELS 90-Day Term 111612024-41212024 90 DAY FESTIVAL TASK FORCE Voting: I1-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 43 ITEM— V L APPOINTMENTS ITEM#75194 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: KATHLEEN BYLER (Planning Commission) Unexpired term thru 413012026 ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 44 ITEM— V.L. APPOINTMENTS ITEM#75195 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: VICTORIA LUEVANOS Unexpired term thru Unexpired Term thru 913012024 Plus three year term 101112024—913012027 CLEAN COMMUNITY COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, 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 16, 2024 45 ITEM— V.L. APPOINTMENTS ITEM#75196 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: AARONMCCOY (Sherriffs Office designee) MICHAEL CALLEN (School Board) No Term DEFERRED COMPENSATION BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley, David Hutcheson, 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 16, 2024 46 ITEM— V.L. APPOINTMENTS ITEM#7519 7 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER SCHULMAN (City Council) Unexpired term thru 313112025 GREEN RIBBON COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, 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 16, 2024 47 ITEM— V.L. APPOINTMENTS ITEM#75198 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: MAC RAWLS (Emeritus Member) No Term HISTORIC PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, 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 16, 2024 48 ITEM— V.L APPOINTMENTS ITEM#75199 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: KATHLEEN SIMMONS Unexpired term thru 513112025 OPEN SPACE ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, 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 16, 2024 49 ITEM— i!L APPOINTMENTS ITEM#75200 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: REGINA HILLIARD (Full Member) And REAPPOINTED: FRAN%BORUM (Alternate Member) LANITHA HUDSON (Alternate Merit Service Employee Member) Three year term 31112024—212812027 PERSONNEL BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, 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 16, 2024 50 ITEM— T.L. APPOINTMENTS ITEM#75201 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: BRUCE JOHNSON No Term PROCESS IMPROVEMENT STEERING COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 51 ITEM— V.L. APPOINTMENTS ITEM#75202 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JEREMYMALONEY (Design Professional) Three year term 1/1612024—1213112026 RESORT ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 52 ITEM— V.L. APPOINTMENTS ITEM#75203 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JOHN CROMWELL (District 2 Planning Commissioner) Unexpired term 21112024—212812026 And REAPPOINTED: COUNCIL MEMBER HENLEY (District 2 City Council Member) Three year term 31112024—212812027 TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, 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 16, 2024 53 ITEM— V.L. APPOINTMENTS ITEM#75204 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: KAYASHBY Four year term 1/1612024—121311202 7 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: I1-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley, David Hutcheson, 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 16, 2024 54 ITEM— V.L. APPOINTMENTS ITEM#75205 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: BARTON DEXTER (Alternate Member) Unexpired thru 1213112027 WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, 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 16, 2024 55 ADJOURNMENT ITEM#75206 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:28 P.M. Terri e ius Chief Deputy City lerk &/1 Amddda'Barnes, MAV Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia January 16, 2024