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HomeMy WebLinkAboutFEBRUARY 6, 2024 FORMAL SESSION MINUTES U� m G e6m i i Op OUq NK011 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia FEBRUARY 6,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, February 6, 2024, at 2:00 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 2 CITY COUNCILS BRIEFING 2024 GENERAL ASSEMBLY UPDATE ITEM#75228 2:01 P.M. This presentation was cancelled due to scheduling conflicts. February 6, 2024 3 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 2:01 P.M. Mayor Dyer welcomed Paul Neudigate, Police Chief. Chief Neudigate expressed his appreciation to City Council for their continued support: City of Virginia Beach Police Department 2023 End of Year Review Paul W.Neudigate Police Chief February 6,2024 • rt I Crime Statistics RobberyViolent Crimes: Homicide Rape Aggravated Assault Property OtherBurglary Motor Vehicle Theft Theft from Motor Vehicle All February 6, 2024 4 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#7522 9 (Continued) Part I Crime: 2023 i roo"-- .Violent Crime ■Property Crime Overall, Property and Violent Crime decreased 6.4%since 2022: Part I Crime Property and Violent Crime 8,297 8,906 8,339 %.6.4% Compared to 2022 tO.5% 7,742 :,. Compared to 3-year average(2020—2022) I L�I.ar verage(2019-2021) 2022 2023 .Viol.Sri i.. ■f,_r_t,-. February 6, 2024 5 CITYMANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#7522 9 (Continued) Property Crime Burglary Motor Vehicle Theft Theft from Motor Vehicle All Other Larceny The combined total of all property crimes decreased 7%since 2022: Part I Property s 264 8,391 Crime 7,307 7,528 7,806 J/7.0 j Compared to 2022 t0.8j Compared to 3-year average(2020—2022) i 2019 2020 2021 2022 2023 ■Commercial8urglary ■Residential Burglary .Motor Vehicle Theft .ta,cenyttom Motor Vehide •All0the,,ia,ce,y February 6, 2024 6 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) The next several slides provide the specific types of property crime statistics: i Commercial Burglary 211 t4.1% 147 153 111 1020 2021 2022 2023 Residential Burglary 305 277 248 ,L7.3% 230 i 2020 2021 2022 2023 February 6, 2024 7 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Motor Vehicle Theft 962 855 4,24.4% 735 727 2020 2021 2022 2023 Theft from Motor Vehicle 3,260 2,944 2,539 4,35.6% 2,101 2020 2021 2022 2023 February 6, 2024 8 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Citywide:HTSP 1/1/2023-12/31/2023 2N 319 • ' 1 _ 3l1 320 215 e�n 228 t • z<�t 02 • 0 0 ®®:2 00 ® 0 s Legend `•�r«w Y�Police Department b, M,Mrir is.1-1 u.n ox.v..e.,w...:l/lo/2024 All Other Theft 4,595 3,774 3,517 3,341 2020 2021 2022 2023 February 6, 2024 9 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Citywide All Other Larceny Top 10 Locations Date Mange:01/01/2023 to 12/31/2023 3 5832 NORTHAMPTON BLVD ABC Store 136 2.96% 3 6550 VIRGINIA BEACH BLVD Pembroke Mall 111 1.6395 1 701 LYNNHAVEN PKWY Ly..t—n Mall 113 2.46% ! 1"FIRST COLONIAL RD W,1m 1 63 1.61% 1 657 PHOENIX OR Walmart 76 L7% 1 33"PRINCESS ANNE RD KMl s GS 161% ! 6621 VIRGINIA BEACH BLVD W.I.- 63 137% ! 6721 VIRGINIA BEACH BLVD We9— 61 L33% ! 691 SHORE DR ABC St— 54 117% a S259 INDIAN RIVER RD 7 Ek— 51 L11% Top 10 Locations account for 17.9%of total Larceny,All Other offenses. HomicideViolent Crime Rape Robbery Aggravata Assault 14 February 6, 2024 10 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Overall, Part I Violent Crime increased 3.5%since last year: - -- - - - Part I Violent - Crime i 595 5s2 567 515 533 t3.5% Compared to 2022 %0.9% Compared to 3-year average(2020—2022) 2019 2.020 2021 2022 2023 ■Homicides ■Rape ■Robbery ■Aggravated AssauR Aggravated Assault 310 310 1-16.7% 272 233 I 2020 2021 2022 2023 February 6, 2024 11 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Ra pe t 24.4% 92 95 97 78 2020 2021 Robbery 181 162 4,22.7% 148 140 2020 2021 2022 2023 February 6, 2024 12 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Shooting Analysis There were 90 Shooting Victims last year: Total Shooting Victims 97 90 75 64 i I 2020 2021 2022 2023 ■Victims February 6, 2024 13 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) The red line indicates the number of shootings by month during 2023: 28 Day Rolling Timeline:2023 Shooting Comparison 35 30 25 20 15 10 5 1/1/2023 2/1/2023 3/1/2023 4/1/2023 5/1/2023 6/1/2023 7/1/2023 9/1/2023 9/1/2023 10/1/2023 11/1/2023 12/1/2023 Total Shooting Multi-Victim Incidents 11 �I 2 4 Victims 3 Victims 2 Victims ■Multi VictimIncidents February 6, 2024 14 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) The next four (4) maps identify where shootings occurred in each Police precinct, the yellow triangle indicates a fatality, and the red circle indicates non fatal shooting: 19 Precinct:Shootings 1/1/2023-12/31/2023 Legend tl)1n \ ,. - n ray,vclYnfJ; ]a i N' W+ — S �A V.S�Police Department Pf p�by 'O An&,"S.,—u.m 2nd Precinct:Shootings 1/1/2023-12/31/2023 Legend p L) -v.`' -�_��`�.. � .• N,ire uJ )� WEJ _w WPoli., rtment February 6, 2024 15 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) 3rd Precinct:Shootings 1/1/2023-12/31/2023 Legend • ..� «z) r e • ti �7POi1CC Ik>aitment °^w10 a'�PD ar.haoi s.r.K.r uon ow.p.wrea ori:uv/m� 4th Precinct:Shootings 1/l/20Z3-12/31/2023 B, Legend p - -----ti a em.,i v¢em-ab .. • rxw.na em ue) O • ♦ / h e __------- N w s V1/ �TK Polim Department Rewe�M.`/.�V�^+hnUl Sairrcn Vnit Gna w.wrN on:l/10/30]� February 6, 2024 16 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Here are the number of gun recoveries between 2015—2023: Gun Recoveries by Year i 1,654 ---� 1,447 1,251 ii i 1,006 979 882 773 806 658 i 2015 2016 2017 2018 2019 2020 2021 2022 2023 ShotSpotter Automatic Gunfire February 6, 2024 17 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) 1 1 / 41 Y _ c 1 1Y tr ' t a .0 Y . This image shows by removing the pin shown in the red circle, the gun is modified from a semi-automatic to fully automatic gun: t 'nl'lt February 6, 2024 18 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) The next several slides provide Shooting Victim and Shooting Suspect Demographics: Shooting Victim Demographics Shooting Victim Demographics:Age 78 12 wd Adult Juvenile February 6, 2024 19 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Shooting Victim Demographics:Sex vs.Race 61 17 8 4 0 0 Black White Other ■Male ■Female Suspect DemogrShooting February 6, 2024 20 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Shooting Known Suspect Demographics:Age 61 10 Adult Juvenile Shooting Known Suspect Demographics:Sex vs.Race si 7 8 4 Black White Other ■Male ■Female February 6, 2024 21 CITY MANA GER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Total Shooting Victims: Fatal vs. Non Fatal i 97 90 75 64 99L 2020 2021 2022 2023 ■Fatal ■Non-Fatal Homicides *Criminal Homicides February 6, 2024 22 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Criminal Homicides 23 24 17 15 i 2020 2021 2022 2023 ■,— .Noy-I,— The next four(4) maps identify where homicides occurred in each Police precinct between 2020—2023: 1st Precinct:Homicides 1/1/2023-12/31/2023 w _— •_ ` Lepnd `: G rwv van•.p) +17 • Man Qn Mamam t01 Dori ' a A � f NN!, W�+E — S111II �J Police Department maaa M-.vwo,whMoi s.rvt..una ow n•w..a on:i/s/m1. I 1 February 6, 2024 23 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#7522 9 (Continued) 2nd Precinct:Homicides 1/1/2023-12/31/2023 Legend n rxa vmm,oi • Mon.Gn rsam�an,$) ,m u, NBPoliceDe ent P^o by —",eSwvk.sUM owR.P� 1/s/tml 3rd Precinct:Homicides 1/1/2023-12/31/2023 legend p ---of I ff /' N .�, �' S ti polim Ue altment ••-.b,. February 6, 2024 24 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) 4th Precinct:Homicides 1/1/2023-12/31/2023 m ,,, legend �..---------- G razor vdm azl ,M • MnWn riomnw,(Ol 1 n 1 ' hc o _ -- �JPollct•lk•unlutcnt v,ew.n ov vew n„r�a s.....e,u� ,.a w•v,,.o o�:us/:ozc ".R' The City had a Homicide Clearance Rate of 83.3%in 2023: Homicide Clearance Rate 93.3 88.2 k 83.3 78.3 52% • 2020 2021 2022 2023 National 2022: Reported by FBI February 6, 2024 25 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) The next several slides provide Regional and National Comparison of homicides: Regional Comparison HamptonRoads Homicides Hampton Roads Region:2023 Homicide Comparison 45 42 38 29 24 11 9 moll h11 C>J/ww.l 1023/Ht)36Li3ENe0eFe36LlIp6Efp/A February 6, 2024 26 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Hampton Roads Region:2023 Homicide Per 100,000 Residents 39.2 24.4 21.0 18.0 11.2 5.3 3.6 1•//»++.13K»snnx.rom/•rt���.m..hk�nr/mzznecuo+vyno.es/z9l.ezkh5lnozc9.aexaozsazero)ime« arm is H,�entee er.�,s�,di.nea�o�mWa,Mn eo vTno�a i�iliea u.ean,36-02 mmoiloopoort:;ft 1 I Comparison Cities of •• • Residents Homicides 48 February 6, 2024 27 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) National Comparison:2023 Homicide Comparison i 135 126 74 72 35 29 28 28 26 24 .•,I•^,a Noa 1Nhem � e an .,e.>. National Comparison:2023 Homicide Per 100,000 Residents 29.3 27.0 16.9 16.5 i 7.2 6.1 5.8 5.8 .,..m... v February 6, 2024 28 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) The next several slides provide Homicide Victim and Suspect Demographics: Homicide Victim Demographics Homicide Victim Demographics:Age 23 1 id Adult Juvenile February 6, 2024 29 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#7522 9 (Continued) Homicide Victim Demographics:Sex vs. Race 14 1 L 1 U I� E Black White Other ■Male ■Female Homicide Motive s a #eglig 3 Dispute me is Drugs Gang Retaliation Unknown February 6, 2024 30 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Homicide Suspect Demographics Homicide Known Suspect Demographics:Age 25 6 Adult Juvenile February 6, 2024 31 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Homicide Known Suspect Demographics:Sex vs.Race 20 s 3 3 0 0 Black White Other ■Male Fema e OverviewTraffic February 6, 2024 32 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) Traffic stops have increased by 19.5%since 2021: Citywide Traffic Stops By Year T 19.5% 38,907 36,291 32,569 2021 2022 2023 Speeding Related Citations have increased 30.1%since last year: Speeding Related Citations By Year T 30.1% ]2,433 9,770 9,556 10,660 8,767 8,561 2021 2022 2023 ■Reckless Speeding February 6, 2024 33 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) The next two (2)slides provide data showing while there was a decrease in Citywide crashes, there was an increase in Citywide Crash Fatalities: Citywide Crashes By Year 4 15.3% 5,131 4,612 2021 2022 2023 Crashes ■Fatal Crashes Citywide Fatal Crashes By Year 31 29 26 2021 2022 2023 February 6, 2024 34 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) The next few slides provide a Regional and National Comparison of fatal crashes: Regional Comparison HamptonRoads Fatal Crashes 63 mono Hampton Roads Region:2023 Crash Fatalities Comparison 31 21 15 13 12 11 s n.p.>M..v.e.,rcx+W uM.oaaMwNed...+.aroma.n>w.00s.nM.a.«mvfuooMwm.w W m..mw.tian.w.. vhHM.Bern M.Ircie..flMe.sM.tN.rwr.na du.le.mWlwl.mwyw,cy. February 6, 2024 35 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#7522 9 (Continued) Hampton Roads Region:2023 Crash Fatalities Per 100,000 Residents 15.2 11.2 8.2 6.8 6.5 5.9 5.6 National Comparison Cities of •• • 450,000 Residents Fatal Crashes 66 February 6, 2024 36 CITY MANAGER'S BRIEFINGS 2023 CRIME STATISTICS UPDATE ITEM#75229 (Continued) National Comparison:2023 Crash Fatalities Comparison 'I i II I I i 68 56 49 47 40 39 i 34 31 ter, National Comparison:2023 Crash Fatalities Per 100,000 Residents 1 3.6 12.. 10.1 9.2 8.4 8.0 7.5 6.8 Mayor Dyer expressed his appreciation to Chief Neudigate for the presentation. February 6, 2024 37 CITY MANAGER'S BRIEFINGS VOTER REGISTRA TION AND ELECTIONS SPACE UPDATE ITEM#75230 2:49 P.M. This presentation will be briefed last. February 6, 2024 38 CITY MA NA GER'S BRIEFINGS PENDING PLANNING ITEMS 2:50 Mayor Dyer welcomed Kaitlen Alcock, i i i ir. Ms.Alcock expressed appreciation tit City Councilfor their continuedsupport: PLANNING _ There is one (1)Planning Item FEBRUARY 6&ZD�IJ4Y C NCIL'MEETINGS scheduled scheduledfor February SUMMARY — February 6tn February 1 Planning Items Scheduled for City Council's Consideration 1. Ruffin g6,LLC—District 6 • Deferted by CC on December 12,2023,and January 2,2024 • Subdivision Variance(section 4.4(c)of the Subdivision Regulations) • Recommended for Approval by Planning Commission&Staff 2 VB I 2024 RUFFIN 86, LLC 39 CITY AMNA GER'S BRIEFINGS PENDING PLANNING ITEMS City Council:District 6 1 Location:1091 & I.M.1 'h Street&8600 Ocean Front Avenue SUBDIVISION VARIANCE(Section 4.4(c) of the Subdivision Regulations) Propenry Lin to be vacated Staff recommends Approval Planning Commission voted 8 to, to recommend A royal 3 ar3 • Deferred by CC on December 12, 2023&January 2,2024 Request for a Subdivision Variance for corner lot width • Lot recorded in 1925 as a 50-foot by 160-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 160-foot lot • Variance required as lot width is only 50-foot,rather than the 60 feet required by today's standards RUFFIN 86,LLC 14 V� -- February I ,0 CITY M4NA GER'S BRIEFINGS PENDING PLANNING ITEMS PROPOSED NORTH ELFVATION • 3 dwellings currently exist and will be demolished to construct lsingle-family dwelling • 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) • Revised concept plan shows elimination of 2 existing driveways,addition of a new,18-foot wide driveway,and conversion of a third driveway to public parking RUFfiN 86,LLC 15 SUMMARY — February jj.;; 10 Planning Items Scheduled for City Council's Considera 1. Car Spa Virginia Beach t,LLC—Dis[riR 3 • Modification of Conditions • Recommended for Approval by Planning Commission&StaH 2. Barbara C.Duff&Hoyt L.Duff,II,Virginia Beach AVA RE,LLC—District 3 • Street Closure • Rewmmended for Approval by Planning Commission&Staff 3.&4.C the Jems,LLC—District 5 • Modfcation of Proffers&Conditional Use Permit(Bulk Storage Yard) • Recommended for Approval by Planning Commission&Staff 5. Wade W.Bell—DistriR 2 • Subdivision Variance • Recommended for Approval Planning Commission&Staff 6. Evergreen Vlrglnia,L.L.C.—District 3 • Street Closure • Recommended for Approval Planning Commission&Staff / / I 41 CITY MANA I BRIEFINGS PENDING , PLANNING SUMMARY — February 20tn 10 Planning Items Scheduled for City Council's Consideration 7. Wb Commercial Kitchen,LLC—District 1 • Conditional Use Permit(Bulk Storage Yard) • Recommended for Approval Planning Commission&Staff 8. Anna Jean Salon&Boutique,LLC—District 9 • Conditional Use Permit(Tattoo Parlor) • Recommended for Approval Planning Commission&Staff 9. City of Virginia Beach—District 1 • Re:onina(R-7.5 Residential District to P-1 Preservation District) • Recommended for Approval Planning Commission&Staff 10.Alliena Westleigh—DisMct 9 • Conditional Use PermR(Residential Kennel) • Recommended for Approval Planning Commission&Staff CAR SPA VIRGINIA BEACH I, LLC City Council:District 3 1 Location:3282 Holland Road MODIFICATION OF CONDITIONS Staff recommends A�7proval Planning Commissi it to 0 to recommend Approval February2024 42 BRIEFINGS PENDING PLANNING ITEMS • Request to amend 1999 PROPOSEDVACUUM STATIONS W/ CANOPIES(11) 0- EXISTING CAR WASH Conditional Use Permit approval to include 22 self-service vacuum stations • 11 interior vacuum stations include overhead canopies,li vacuum stations along Holland Road to beSERVICE STATION mounted on 6-foot tall posts •VACUUM Slight changes to the parking "'`r" layout to improve vehicular S ON HOLLAND circulation • Onsite services include automated car wash facility, automobile service station,and automobile repair garage .•D CAR SPA VIRGINIA BEACH 6ltt 19 �.�a • Row of evergreen shrubs is proposed along Holland Road to provide additional screening • Received approval from Dominion Energy to plant vegetation within their easement • No known opposition `, CAR SPA VIRGINIA BEACH I,LLC 110 YB February 2024 BARBARA C. DUFF, HOYT L. DUFF, II, VIRGINIA �Tfl" BEACH AVA RE, LLC 2 City Council:District 3 Location:Portion of the right-of-way that is directly east of 2325 Virginia Beach Blvd STREET CLOSURE Staff recommends Appro_v_al �,,,.,-� Planning Commission voted it too tor, mmend A�_royal u i e`f �i�tw,r • A Street Closure request fora 30-foot wide unnamed and funimproved right-of-way between Virginia Beach Blvd and ''.• Interstate 264,totaling 6,564 square feet A retail business for lawn care equipment operates on the adjoining lot and displays equipment within this portion of the right-of-way ��p BARBARA C DUFF,M01T L DUFF,11,VIRGINIA BFACH AVA RE,LLC 112 �5.y FebmaryI • Applicant seeks to redevelop the site with a motor vehicle dealership for `^^'""' '- low-speed vehicles,such as golf carts • Closure area to be incorporated into adjoining parcels and used for display area and parking _ No objections from Viewers,no known opposition a BARBARA C.DUFF,HDYr L DUFF,11,VIRGINIA BEACH AVA RE,LLC 113 C THE JEMS, LLC ►CMS City Council:District S 3 & 4 Location:2625 Horse Pasture Road MODIFICATION OF PROFFERS CONDITIONAL USE PERMIT(Bulk Storage Yard) Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval i2024 45 PENDING , PLANNING • The site is located within the Taylor Farm Commerce Park which was rezoned to Conditional I-1 in 2002 and amended in 2004 • Modification request to allow vehicular parking and outdoor storage to be located between the building and Dam Neck Rd A A. rr Conditional Use Permit for bulk storage yard is " � required for the proposed tow lot ���� The proposed use is compatible with the>75 d8 �� DNL and APZ-1 C THE JEMS,LlC 16 VB •��I ��',~ � w Proposed 300 square foot office ��, ��', � �' building meets the design requirements proffered in the initial rezoning • Proposed tow yard will be significantly screened from Dam Neck Road C THE IEMS,11C 116 VV Febmary 1 2024 1 CITY AL4NA GER'S BRIEFINGS PENDING PLANNING ITEMS WADE W. BELL IT`r`' PROPOSED LOT 3 LOT 0 PROPOSED City Council:District 2 Location:3957,3961,3969 Dawley Road,&parcel between 3957&3961 Dawley Road Y SUBDIVISION VARIANCE Staff recommends Approval Planning Commission voted it o recommend Approval / • A Subdivision Variance request to reconfigure 4 lots that were improperly created by deed to create 3 lots that better conform to the dimensional standards for property zoned AG-2 • Applicant resides on 1 of the lots and intends to sell the remaining 2 lots for single-family development • Condition 1&5 are recommended to ensure the new dwellings adhere to the Rural Area Design Guidelines as recommended by the Comp Plan • No known opposition WADE W.BEIL 118 VB February I EVERGREEN VIRGINIA, L.L.C. City Council:District 3 6 Location:2865 Virginia Beach Boulevard I STREET CLOSURE Staff recommends Approval Planning Commission voted 11 to 0 to recommend Approval • Request closure of a portion of the N;Lynnhaven Road right ot '�i way,south of Virginia Beach Boulevard s • Portion to be closed(2,854 square feet)will be incorporated into the adjacent commercial lot to the east • Existing Dominion Energy pole to remain in public right-of-way • Conditions include providing public drainage easement • No objections from Viewers,no known opposition EVERGREEN VIRGINIA,LLC 20 VO / / 1 LAB COMMERCIAL KITCHEN, LLC � `�^ City Council:District 1 7 Location:405 South Witchduck Road 'mil j CONDITIONAL USE PERMIT (Bulk Storage Yard) Staff recommends App►Ov31 Planning Commission voted 10 to 0 with 1 abstention to recommend Approval u Vi p h • Conditional Use Permit Request for Bulk Storage Yard to Food trucks and trailers are not allowed to be stored in store up to 20 food trucks or trailers on-site residential areas • Located in Historic Kempsville but is one of a few properties still zoned B-2 Community Business ��p LAB COMMEflC1AL KITCHEN,LLC 122 �R February • RIEFINGS 49 PENDING , PLANNING • Requesting deviations to screening -SeCtftal Hookup requirements: • Install the required 6-foot tall privacy �* fence only along rear and north '�A property lines �,� Add plantings only along S Witchduck Road • No screening to be provided along Home Center Lane v� Dumpster to be screened by a fence rather than fence and landscaping LAB COMMERCIAL KITCHEN,LLC 123 VTJ • Planning Commission recommended approval of the item with a modification to the conceptual plan � Row of evergreen shrubs in place of privacy fence along majority of the property Tine with Patriot's Park • 2 letters of opposition(noise,aesthetic, repairs of food truck) • Sletterofsupport lA8 COMMERCIAL KITCHEN.LLC 1 24 VB February I ANNA JEAN SALON & BOUTIQUE, LLC ITEM City Council:District 9 50 CITY MANA GER'S BRIEFINGS PENDING PLANNING ITEMS Location:1673 Independence Boulevard,Suites A&B VV CONDITIONAL USE PERMIT(Tattoo Parlor) Staff recommends Approval Planning Commission voted it to 0 to recommend Approval zs 9sC$ — --sue • Conditional Use Permit request for Tattoo Parlor for permanent makeup • Use will occur within an existing beauty salon in the Bayside Crossing Shopping Center p ANNA JEAN SALON&BOUTIQUE,LLC 126 VB February I 51 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#75231 (Continued) No exterior changes to the building or signage No known opposition CITY � �cFB O •i Viz` � d yrT3' a OF VIRGINIA BEACH ITEM City Council:District 1 • DriveLocation:4549 Revere REZONING (R-7.5 Residential to P-1 Preservation) Staff recommends Approval Planning Commission voted February 6, 2024 52 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#7523I (Continued) `.�`,.� Site to remain a passive space Future park improvements dependent on funding No known opposition CITY OF VIRGINIA REACH 1 30 Xi .�, � h• � •y s � ` .. :C' 5f':�^i'77.�.'g � 1..✓.X wwiiiei�wi• Mrs-...._� =. •_,}�� �� ,�P.t February 6, 2024 ALLIENA WESTLEIGH City Council:District 9 10 Location:5205 Shore Drive i 53 CITY AMNA GER'S BRIEFINGS PENDING PLANNING ITEMS CONDITIONAL USE PERMIT(Residential Kennel) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval 31 �� �, . Request for Residential Kennel for 5 ` Dogs will be kept indoors with up to 4 allowed outside at one time to reduce s '# impacts of noise to adjacent neighbors �' ! � ' A condition is recommended to prohibit • �� � �, � dog day care,training,and boarding ;�, ' � Nt', services onsite r* �. F 1., ALLIENA WESTLEIGH 132 VB February 1 • 5 letters of support and a petition of support 4a�, with 22 signatures received ` �^. _ ,. _ - ;-. _,. . . 1 speaker in opposition at Planning Commission with concerns regarding noise and decrease in G� �' property values ® � Planning Commission recommend approval with a modification to Condition 1 to require that the ® � ® Sth dog not be replaced once one of the existing dogs no longer resides at the home • Applicant requested Council to approve the request with a modification to Condition 1,to allow a total of 5 dogs • Council deferred the application to the February 20`"hearing to allow opportunity for neighbors "� to speak on the proposed modification to Condition 1 ALLIENA WESTLEIGH 133 �Q February I 55 CITY MANAGER'S BRIEFINGS VOTER REGISTRATIONAND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) 3:06 P.M. Mayor Dyer welcomed Monica Croskey, Assistant City Manager and Tim Copeland, Real Estate Agent, Public Works. Ms. Croskey expressed her appreciation to City Council for their continued support: Voter Registration & Elections Space Update February 6,2024 Monica Croskey,Assistant City Manager Tim Copeland,Real Estate Agent C!(Y Of V14Glk'A Fk[A� city -�-- Manager The Ask •Seeking Council's formal direction regarding purchasing property and placing ordinance on February 20 City Council meeting for formal vote Presentation Outline • Recap timeline, current spaces, and associated challenges • Review identified property, potential funding sources, and possible next steps February 6, 2024 56 CITY MANAGER'S BRIEFINGS VOTER REGISTRATION AND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) Here is the Timeline—Select Highlights: Timeline — Select Highlights • March 8,2023:The City of Virginia Beach Internal Auditor's Office released the findings and recommendations from its Review of Changes to Virginia Beach District Voting.The second finding from its review was that"The office size of the Office of Voter Registration and Elections is inadequate for efficient operations.The Voter Registration and Elections Office has experienced difficulties that could have been avoided if it had one large office." • July 11,2023:Public briefing on Office of Voter Registration and Elections space,RFI response,high-level cost estimates and concepts for various alternative location scenarios,including keeping with the current practices;leasing,buying,or building space off-campus;and building or renovating spaces on the Municipal Center Campus. • November 21,2023,December 5,2023,and January 2,2024:Closed session briefings on specific real estate properties 4±r'4 The next few slides provide an overview of Current Spaces and how they are used: Current Spaces City staff from Public Works, Information Technology, the Office of Emergency Management and the City Manager's Office have worked with the Voter Registrar and Clerk of Court to ensure that the various sites can serve as safe sites for their operations. However, the ability to accommodate their space needs is becoming increasingly more difficult. Changes in state laws have significantly impacted the Voter Registrar's operations and the duration of its pre- and post- election activities. February 6, 2024 57 CITY MANAGER'S BRIEFINGS VOTER REGISTRATION AND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) Current Spaces Building 14 00 • The Voter Registrar's staff are located at Building 14.As well as some of the Agriculture Department's staff. • It also serves as an early voting site.Recent changes in state law extended early voting from 7 days to 45 days prior to an election. • November 2022 election more than 19,00o people participated in early voting at Building 14.The average number of daily voters serviced was 530. • Building 14 early voting accommodations consists of using the lobby to set up seven(7)voting booths and accommodating eight(8)people waiting in the hallway. Current Spaces Building 14 —� • Electoral Board's public meetings held upstairs in Agriculture Department's space. • During presidential election years,this space is used for the call center. February 6, 2024 58 CITY MANAGER'S BRIEFINGS VOTER REGISTRATION AND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) Current Spaces rj Building 23 • On July 1,2020 no excuse required absentee voting went into effect. • Mail-in voting is becoming increasingly popular. • Building 23,which is a former school,is used to process mail- Aloe tee Ballots Mailed/Emailed in ballots.This process begins approximately 40 days prior to an election and concludes approximately seven(7)days after '°°' an election.More than 20,000 mail-in ballots were processed °°„ „ s. in the November 2022 election. A space outfitted with security cameras and other security enhancements to create a secure vault for the returned ballots. • Use of this room displaces trainings,including CDL training Current Spaces Building 19 • Large meeting space used for the return of supplies on election night and then for the canvassing of the election. On the night of an election,all precincts return their materials to this location for citywide elections that is 108 precincts).For the next 7 days,the Electoral Board conducts the canvass and certification process. • The ballots remain there until after certification and until the Clerk of Court takes custody. • A small conference room within the space was outfitted with security cameras and other security enhancements to create a secured temporary vault for the returned ballots. • Other departments are not able to use the space while it is under the custody of the Voter Registrar or Clerk of Court. February 6, 2024 59 CITY MANAGER'S BRIEFINGS VOTER REGISTRATIONAND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) Current Spaces Convention Center The Convention Center has been accommodating the Voter Registrar's requests for space to conduct poll worker trainings. For the November 2022 election,13 three- hour long trainings were conducted across five days. 1 Current Spaces Central Drive 10,000 square feet warehouse where election equipment is stored. February 6, 2024 60 CITY MANAGER'S BRIEFINGS VOTER REGISTRATIONAND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) The City Auditor's review found the Office of Voter Registration and Elections has inadequate space for efficient operations: Review by City Auditor's Office March 8,2023:the City of Virginia Beach Internal Auditor's Office released the findings and recommendations from its Review of Changes to Virginia Beach District Voting: "The office size of the Office of Voter Registration and Elections is inadequate for efficient operations. The Voter Registration and Elections Office has experienced difficulties that could have been avoided if it had one large office.Currently,its staff is dispersed,working in four different buildings.Training for election officials needed to be conducted offsite at the Convention Center over multiple days, adding more work and logistical inefficiencies. The inadequate office size was clearly manifested when significant delays were encountered during the submission of ballots. All the election officials reported to a conference space in Building 19 to turn in their materials, which was overwhelming for this location. Election officials had to wait longer to ensure that the ballots from their respective polling location were properly accounted for because the space limited how many Office of Voter Registration and Elections staff were positioned to help with the turn-in process." Virginia Beach Elections Profile --® Space Voters Virginia Beach 108 327,658 Multiple sites Norfolk 48 137,678 Multiple sites Chesapeake 64 175,635 Consolidated Loudoun County 107 290,134 Consolidated Richmond 72 157,699 Consolidated February 6, 2024 61 CITY MANAGER'S BRIEFINGS VOTER REGISTRATION AND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) The Stakeholders'desired variables were used to identify a new facility: Explored Needs and Options • Worked with stakeholders and consultant to document and discuss space needs • In January 2023, released a Request for Information(RFI)to test local real estate market; received four RFI responses in February 2023 • Stakeholders'desired variables: • As much of consolidated space as possible • On or near municipal complex • Near bus lines Mr. Copeland provided the Disclosure information: DISCLOSURE • 500 Studio Drive(District 3) • Owner: Michels Family LLC(Paul Michels) • Registered Agent:Thomas R. Frantz(Williams Mullen) • Listing Firm: Divaris Real Estate, Inc. • Listing Agents: Michael Divaris,Vivian Turok, Marci Phillips • City's Architectural Consultant: HBA Architecture February 6, 2024 62 CITY MANAGER'S BRIEFINGS VOTER REGISTRATION AND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) The next several slides provide an overview of the preferred facility at 500 Studio Drive: Location C p P,1 • ra q,mM e B M.W O «3=«« v al Hospit • LakeView Corporate Park • Intersection of ^ 9 1 �sem•c,�n} Holland Rd.&S. ,� Independence " Blvd. ° n"' ""'Q X ORed M,,q .'Sum lake veerans UniteO Home Pa,L h Npy 1All.9 loans Amp�M,eater al r V N,1 Property Overview — 500 Studio Dr. Quick Facts Owner:Michels Family,LLC 65,700 SF • • 43,500 SF office 22,200 SF warehouse • 2 loading docks • Approx.200 parking spaces „ •Y Access via signalized intersection °w February 6, 2024 63 CITY MANAGER'S BRIEFINGS VOTER REGISTRATIONAND ELECTIONS SPACE UPDATE ITEM#7523 0 (Continued) Property Overview — 500 Studio Dr. 9� 1 4 � a n Property Overview — 500 Studio Dr. I� Y�Nor ti February 6, 2024 64 CITY MANAGER'S BRIEFINGS VOTER REGISTRATIONAND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) Property Overview — 500 Studio Dr. M 000 if Property Overview — Needs Assessment • 50,000 SF of contiguous space Queuing area for drive-up voting • 35,500 SF office and support space • 14,500 SF of fully conditioned Location considerations warehouse space No APZ-1 or Clear Zone • Direct access and visible from a public Bus line collector or arterial highway • Direct,convenient pedestrian/voter ' Emergency back-up power access Fire detection/fire suppression • At-grade/recessed truck access • Parking Conduit for security system • 50 staff and volunteers installation • 150 visitors =x February 6, 2024 65 CITY MANAGER'S BRIEFINGS VOTER REGISTRATION AND ELECTIONS SPACE UPDATE ITEM#7523 0 (Continued) 1 Voting Age Population •-uwrd.. wm •au nxa a1._ —.1 xm, The cost for the facility is estimated at$17.25-Million: Pricing Pending purchase price $14.25M with additional vacant 657005E land bay of approx.3.28 acres USA P—C-1 BWdeg V—Mwed +I P.as n w=w 52M M• I r�� LOI and ROE accepted on _ 12/22/23 �„ ws • '" I ily� Approx$3M build out,including IT �• , I — t'a February 6, 2024 66 CITY MANAGER'S BRIEFINGS VOTER REGISTRATION AND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) Process • Due Diligence Close • Building condition assessment • Survey Buildout • Environmental assessment • Contract negotiations Office and precinct relocation • Electoral Board vote • Ordinance to fund and acquire Public hearing • City Council approval Adoption of ordinance • Submit request to Attorney General's Office • Submit request to Virginia Dept of Elections • Amend restrictions Public notification • Condo association approval Newspaper advertisements • VBDA approval Mailed notices • Planning Commission hearing • City Council approval • Move post-November 2024 election Here are Possible Funding Sources: Possible Funding Sources • General Fund Debt Service and fund balance of the General Fund recommended • Due to timing of next bond sale,$11.SM in capacity available to cover majority of the purchase: • $S9.OM—FY24 debt service budget • $47.31M—FY24 actual debt service expenditures • Remaining$5.75M • Current fund balance percentage slightly above 8-12%policy(13.9%) • Would not materially change the percentage • Anticipate there could be potential to reallocate$2.6M in ARPA funding from nonprofit grantees unable to fully execute original award to cover some of the expenses • Ongoing costs for operating the building would be included in FY2025 and beyond operating budgets • Alternatively,Public Facility Revenue Bonds(PFRBs) • Typically,not programmed within the CIP without a dedicated funding source for repayment February 6, 2024 67 CITY MANAGER'S BRIEFINGS VOTER REGISTRATION AND ELECTIONS SPACE UPDATE ITEM#75230 (Continued) The Ask Seeking Council's formal direction regarding purchasing property and placing ordinance on February 20 City Council meeting for formal vote Voter Registration & Elections Space Update February 6,2024 Monica Croskey,Assistant City Manager Tim Copeland,Real Estate Agent CITY OF VIRGINIA BEACH city Manager Upon consensus from the Body, Mayor Dyer directed staff to move forward and prepare an Ordinance to be considered on the February 201h Agenda. Mayor Dyer expressed his appreciation to Ms. Croskey and Mr. Copeland for the presentation. February 6, 2024 68 CITY COUNCIL LIAISON REPORTS ITEM#75232 3:33 P.M. Vice Mayor Wilson advised she, Council Member Taylor and City Manager Duhaney attended the School Modernization meeting last week which included a discussion on canceling the Public-Private Education Facilities and Infrastructure Act(PPEA)process due to the high cost totaling$659-Million for the three (3)schools construction projects proposed. Vice Mayor Wilson advised the School Board will have to make a choice to either go forward with Princess Anne High School or Betty F. Williams Elementary School and believes the School Board should make the decision based on their evaluation. Vice Mayor Wilson expressed this is unfortunate with the amount of work that was put in over the past eighteen (18) months that prices and inflation continuously increased to a point where the project will be limited to only one(1) school and applauded Superintendent Dr. Robertson and the School Board for being fiduciarily responsible. Vice Mayor Wilson further advised, the School Board supported City Manager Duhaney's request to include one of his staff members to serve on the Building Utilization Committee as the Committee evaluates how to best utilize and merge facilities as the population decreases. Council Member Taylor expressed his belief there was not a willingness among some Council Members to do due diligence in order to understand that there was no way to fund this project and asked what did anyone get from the $15.4-Million already spent? Council Member Taylor advise the money could have gone towards salary increases for teachers or divided up to give each school additional funds. Council Member Taylor expressed his hope in going forward there will be more collaboration and using facts and data to make decisions and believes this exercise was a waste of taxpayer dollars with no money going towards teachers or students. Mayor Dyer advised it is inevitable that at some point the City's 87 schools will need modernization or replacement and agreed better and more frequent collaboration with the School Board is important as both Body's confront difficult budgetary needs. Mayor Dyer recommended to have a meeting with the School Board during the upcoming budget deliberations to understand what Schools will need next year. February 6, 2024 69 CITY COUNCIL LIAISON REPORTS ITEM#75233 (Continued) Council Member Remick distributed copies of the drafted Ordinance, "To Amend the Membership of the Advertising Advisory Committee", attached hereto and made apart of the record. Council Member Remick advised this will be added to the February 20 Agenda for consideration. February 6, 2024 REQUESTED BY COUNCILMEMBERS REMICK AND ROSS-HAMMOND 1 AN ORDINANCE TO AMEND THE MEMBERSHIP 2 OF THE ADVERTISING ADVISORY COMMITTEE 3 4 WHEREAS, the City Council established the Virginia Beach Advertising Advisory 5 Committee in 1995 to enable citizens and organizations to provide input to the 6 Convention and Visitors Bureau regarding the City's tourism advertising and marketing 7 initiatives; 8 9 WHEREAS, in the almost three decades since the Committee's establishment, 10 tourism in the City has significantly grown and changed, with expansion into new areas 11 such as sports tourism and the introduction of short-term rentals, among other things; 12 and 13 14 WHEREAS, the membership of the Committee should reflect the changes in the 15 tourism industry as well as the diversity of our City; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1 . The membership of the Advertising Advisory Committee shall consist of the 21 following thirteen voting members: 22 23 • Two members of the Virginia Beach Hotel Association (which may include the 24 Association President or members with advertising, marketing, or media 25 experience; provided, however, that one of the two members shall be a 26 representative of a hotel that is not located in the Resort Area); 27 • Two members of the Virginia Beach Restaurant Association (which may include 28 the Association President or members with advertising, marketing, or media 29 experience; provided, however, that one of the two members shall be a 30 representative of a restaurant that is not located in the Resort Area); 31 • A member of the arts and culture community (which may include representation 32 from festivals/live events, museums, arts districts, cultural centers, art studios, or 33 similar entities); 34 • A retail industry representative (Citywide); 35 • A representative of the Resort Advisory Commission; 36 • A cottage/rental industry representative; 37 • A Central Business District Association representative; 38 • A representative of the Shore Drive Corridor/Bayfront Area; 39 • A sports industry representative; and 40 • Two citizen members with advertising, marketing, or media experience. 41 42 2. The Committee shall also include the following six non-voting ex officio 43 members: 44 45 • Two City Council liaisons; 46 • The Director of the Convention and Visitors Bureau; 47 . The Executive Director of the Virginia Beach Hotel Association; 48 • The Executive Director of the Virginia Beach Restaurant Association; and 49 • A representative of the Virginia Beach Chamber of Commerce. 50 51 3. The Director of the Convention and Visitors Bureau shall serve as the Chair 52 unless the Committee elects a voting member to serve as Chair. 53 54 4. The terms of any persons who are current appointees to the Committee shall 55 expire upon adoption of this ordinance, but those persons may be eligible for 56 reappointment. 57 58 5. The voting members of the Committee shall be appointed to three-year terms, 59 provided, however, that of the initial appointees, three members shall be appointed to 60 one-year terms, and four members shall be appointed to two-year terms. Members 61 initially appointed with one- or two-year terms shall be eligible for appointment to 62 subsequent three-year terms. 63 64 6. The non-voting ex officio members will not be appointed for terms. They shall 65 not be counted for purposes of determining a quorum, and they shall not be subject to 66 the attendance requirements set forth in City Code § 2-3.1. 67 68 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 69 , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Convention & Visitors Bureau City Attorney's Office CA16019 R-3 January 25, 2024 2 70 CITY COUNCIL LIAISON REPORTS ITEM#75234 (Continued) Council Member Rouse advised February 2 h is recognized throughout the state as School Crossing Guard Appreciation Day. Council Member Rouse advised Virginia Department of Transportation established this event ten (10)years ago to honor the school crossing guards who stand out in the rain and sunshine to ensure the safety of children crossing the street to get to school. Council Member Rouse encouraged all who are dropping their children off at school tomorrow to give a "light honk" or wave to the school crossing guards. Council Member Rouse advised this is the first year the City will participate and the School Board will recognize several crossing guards during the meeting on February 13`h. February 6, 2024 71 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75235 3:45 P.M. Council Member Rouse advised she has received input from citizens who would like to serve on City Council Appointive Agencies but cannot attend since many explained they are still working at 3:00 and 4:00 p.m., when many of the Agencies begin their monthly meetings. Council Member Rouse expressed she would like to see if there is a way to change the meeting times to allow more opportunities to working residents. February 6, 2024 72 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#75236 (Continued) Council Member Henley advised tree clearing will begin tomorrow as part of the Coastal Virginia Off- Shore project to install the transmission lines and will have until April 15fh to complete the clearing. Council Member Henley believes it is important to inform residents that Dominion Energy provided$1- Million for tree mitigation. Council Member Henley emphasized mitigation is meant to reduce the impact of tree loss and should be done in the same watershed area and believes this is an opportunity to use the data from the study completed in partnership with Virginia Tech on how trees prevent flooding through the evapotranspiration process. February 6, 2024 73 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#7523 7 (Continued) Council Member Henley advised the Body received information from City Manager Duhaney on the grant process which asked for direction on grants received late during the budget cycle last year. Council Member Henley believes it was made clear they were one-time grants and if additional grants were going to be requested, the request would go through the Community Organization Grant Review and Allocation Committee(COG)process which is done twice a year. Council Member Henley requested an update from COG on what was awarded FY 2022-23 and what has been allocated so far this fiscal year and believes all requests should go through the same evaluation and reporting requirements on how the funds were spent. Vice Mayor Wilson advised COG held a meeting today to go over the second round of applications and determine who would be interviewed in the upcoming weeks. Vice Mayor Wilson advised the Committee questioned why they have to have two(2)rounds and would like to only have one(1)per year. Vice Mayor Wilson advised the Committee does a very good job in reviewing each application for how much money is requested, what was done previously, the applicants current budget, how many people will be affected and goes in depth to a level the Body does not have time to do. Council Member Henley agreed and advised the COG Committee does important work and should be appreciated for the amount of time and hard work they do. February 6, 2024 74 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#75238 (Continued) Council Member Berlucchi referenced a letter the Body received from the Virginia Beach Police Foundation urgently requesting repairs be completed on the damaged Virginia Beach Law Enforcement Memorial at the Boardwalk. Council Member Berlucchi advised the City is responsible for the repair and would like to see the Body move forward with providing the requested amount of$12,000, with a contingency of an additional $12,000, as soon as possible so the repairs can be completed before the memorial to be held at the Oceanfront in May. City Manager Duhaney advised the document he reviewed provides that the City is responsible for the cleaning and day-to-day maintenance but in order to perform capital maintenance, he would need authorization from the Body Council Member Berlucchi apologized for the misrepresentation of the letter and clarified the Memorandum of Understanding(MOU)indicates the Foundation is responsible for enhanced maintenance and capital maintenance and repairs however, it is City property and believes the Body should move forward with the necessary repairs. Mayor Dyer expressed his concerns of the visible damage the Memorial has and requested staff to have an Ordinance drafted and placed on the February 20`h Agenda for consideration. February 6, 2024 75 CITY COUNCIL DISCUSSIONIINITMTIVES/COMMENTS ITEM#75239 (Continued) Council Member Taylor referenced a memo the Body received in a previous Friday Package regarding requests from festival promoters, one for the Caribbean Carnival for$200,000 and another from East Coast Surfing Championships (ECSC)for $500,000. Council Member Taylor advised he is aware of a request for the Summer Concert Series for $100,000 and possibly two (2) more that may come and is unsure of what the path going forward will be or what to tell people who ask him. Council Member Taylor expressed concern for requests coming from new promoters who may not have the relationship ECSC has. Mayor Dyer advised this is a topic for discussion during the Retreat and asked what the status was of the 90-Day Festival Task Force? City Manager Duhaney advised their first meeting will be on February 8`" and will have a facilitator to help set the priorities. City Manager Duhaney summarized his memo that referenced and explained his staff is advising requesters that City Council has authorized a Task Force to provide recommendations while his staff is working on a Request for Proposal(RFP)process for 2025 and therefore, are not sending any requests to the Body for consideration until the Task Force has provided their recommendations and the Body has made a policy decision. City Manager Duhaney advised requesters are also invited to participate in the RFP process. Council Member Wooten advised it is important to think about treating all requesters the same whether it is a big, small or new festival. Council Member Wooten advised both VA Swim and Caribbean Carnival have recently requested funding and is hopeful since both used their own funding last year their initiative shown for raising funding for themselves will be considered when the Body receives those requests. Mayor Dyer advised he encourages all promoters to apply, regardless of the size,since all events contribute to the community, as well as looking for sponsors who can also provide support. February 6, 2024 76 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#75240 (Continued) Council Member Ross-Hammond advised on February 5`", the Transportation District Commission of Hampton Roads (HRT) recognized Rosa Parks as part of African American Heritage Month during a special ceremony to celebrate Transit Equity Day and honored her by leaving the front row of each bus empty. Council Member Ross-Hammond shared how Vice Mayor Gray of Hampton organized the Hampton City Council to all ride the bus together and suggested the Body do the same with the recent expansion of 757 Express services to the City. February 6, 2024 77 CITY COUNCIL DISCUSSIONANITMTIVES/COMMENTS ITEM#75241 (Continued) Council Member Ross-Hammond further advised last week representatives from Economic Development and Something in the Water (SITW)provided training for small business owners on how they can take advantage of the business opportunities during festivals held at the Oceanfront, including the SITW, and was impressed to see there were 440 participants. February 6, 2024 78 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#75242 (Continued) Mayor Dyer advised Old Dominion University recently released their report from the 14'h Annual Life in Hampton Roads Survey and there were many aspects from it that were favorable to the City in comparison with neighboring cities. Mayor Dyer requested staff to provide the Body with copies of the report. February 6, 2024 79 CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS ITEM#75243 (Continued) Mayor Dyer advised presenting Proclamations is a wonderful way to show the Body's appreciation to the City's community heroes and asked City Council Members to provide as much information for the specific Proclamation as possible and recommended having a subject matter expert assist in providing a draft that is reflective of the person or organization being recognized. February 6, 2024 80 AGENDA REVIEW SESSION ITEM#75244 4:11 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES I RESOL UTION 1. Ordinance to AUTHORIZE acquisition ofproperty in fee simple for the Centerville Turnpike Phase H Project, CIP 100057(formerly CIP 2-409), 100451 (formerly CIP 5-251), 100452 (formerly CIP 6-556), and the acquisition of temporary and permanent easements, either by agreement or condemnation re enhanced safety and increase capacity 2. Resolution to AUTHORIZE and DIRECT the City Manager to Execute a Memorandum of Understanding (MOA) between the City and the cities of Norfolk, Chesapeake, Portsmouth, and Suffolk, re establish the Hampton Roads Computer Aided Dispatch Interoperability Project 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia Beach School Board and APPROPRIATE miscellaneous revenue re use of the school buses during the National High School Coaches Association Senior Nationals 4. Ordinance to APPROPRIATE $1.2-Million from the Parking Enterprise Fund Balance to the FY 2023-24 Economic Development Operating Budget re continuation of authorized Freebee services to complete FY 2023-24 previously approved scope 5. Ordinance to ACCEPT and APPROPRIATE $10,261,435 from the Virginia Department of Transportation (VDOT) to the FY 2023-24 Department of Public Works Operating Budget, and TRANSFER $9,861,435 as Pay-Go Funding to the FY 2023-24 Capital Improvement Program re (a) PG100040, `Bikeway/Trails and Renovation I" - $1,124,279; (b) PG100268, "Major Bridge Rehabilitation II"- $5.3 Million; and(c)PG100401, "Street Reconstruction II"- $3,437,158 and A UTHORIZE$400,000 repurchase two(2)crash trucks with arrow boards and related equipment 6. Ordinance to TRANSFER $305,294 from the General Funds Reserve for Contingencies and ACCEPT and APPROPRIATE $457,941 from the Commonwealth of Virginia to the FY 2023-24 Voter Registrar and Elections Operating Budget re Presidential Primary Election on March 5,2024 7. Ordinance to ACCEPT and APPROPRIATE $30,925 from the Virginia Marine Resources Commission to the FY 2023-24 Public Work Operating Budget and AUTHORIZE $30,925 subrecipient grant to the Vessel Disposal&Reuse Foundation re the administration, removal, and disposal of three(3)of abandon and derelict vessels(ADVs) February 6, 2024 81 AGENDA REVIEW SESSION ITEM#75244 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. 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 860 Street& 8600 Ocean Front Avenue DISTRICT 6(Deferred from January 2, 2023) K. PLANNING: ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 5,2024. February 6, 2024 82 ITEM#75245 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-371](A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(3). • District 2 • District 2 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy ofthepublic bodypursuant to Section 2.2-3 711(A)(29) • Atlantic 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 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees February 6, 2024 83 ITEM#75245 (Continued) Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4.20 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 4:20 P.M. — 4:31 P.M. Closed Session 4:37 P.M. — 5:53 P.M. February 6, 2024 84 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL FEBRUARY 6,2024 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, February 6, 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 Clark Cund ff—Senior Pastor Baylake United Methodist Church MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STA TES 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 303 341"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. February 6, 2024 85 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a "personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. February 6, 2024 86 VILF CERTIFICATION ITEM#75246 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 *Vice Mayor Wilson stepped out during the Atlantic Park discussion due to a conflict of interest (5:16—5:53 P.M.) February 6, 2024 ��Nu•Begc p4 �rz 90 : et,o R;_ RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#75246 on Page 86 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOL VED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. AmAda)3aA7ej MMC City Clerk February 6, 2024 87 ITEM— VII.G.1 MINUTES ITEM#7524 7 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 2,2024 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 Abstaining: David Hutcheson Council Members Absent: None February 6, 2024 88 ITEM— VII.G.2 MINUTES ITEM#75248 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the FORMAL SESSION of January 9,2024 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 Abstaining: David Hutcheson Council Members Absent: None February 6, 2024 89 ITEM— VII.G.3 MINUTES ITEM#75249 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 16,2024 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 February 6, 2024 90 ITEM— VII.G.4 MINUTES ITEM#75250 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of January 23,2024 Voting: 10-0 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 and Sabrina D. Wooten Council Members Abstaining: Vice Mayor Rosemary Wilson Council Members Absent: None February 6, 2024 91 ITEM— VIIG5 MINUTES ITEM#75251 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of January 30,2024 Voting: 10-0 Council Members Voting Aye: 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 Abstaining: Michael F. Berlucchi Council Members Absent: None February 6, 2024 92 ITEM— VILH.I MAYOR'S PRESENTATION ITEM#75252 PROCLAMATION AFRICAN AMERICAN HERITAGE MONTH On behalf of Mayor Dyer, Council Member Wooten welcomed several representative residents from the City's historically black neighborhoods and read the Proclamation declaring February 2023, "AFRICAN AMERICAN HERITAGE MONTH". Council Member Wooten called upon all citizens, government agencies,public and private institutions, businesses, and schools in Virginia Beach to join City Council in celebrating the relationship between art and justice and the roles art plays in communicating emotions, building community, and inspiring action. Several residents expressed their appreciation to City Council for the Proclamation and recognizing the significance of the following historically black neighborhoods: Burton Station Newsome Farm Lake Smith Reedtown Atlantic Park Seatack Queen City New Light Gracetown Great Neck Beechwood Doyletown Little Neck L.& J. Gardens Mayor Dyer took a moment to welcome and express the Body's appreciation to Troop Leaders and Boy Scouts from Troop#67 and Girls Scouts from Troop#5067 who were in attendance. February 6, 2024 GINLk-B4C Off' r U rA Sy e° s 9A4 OF OUR ' 6� Proclamation U4errar the first Africans in Virginia were a group of captive enslaved persons anginal[y from modern Angola who fandedat Oldcpoint Comfort in Hampton,'Virginia in 1619;and ` *erwr One of the first schools forAfrican American students was esta6Gshed in 1868;and U 4e►ras thegeneraf commemoration of the historicafcontri6utions ofAf tcanAmericans in Virginia and elsewhere was first esta6Gshed as Negro7futory'Weekin 1926 by a native Virginian,Carter G. Woodson;and U4er= ,president Cjerafd R Tordexpanded thrs commemoration andcefebration to encompass BlackWistory 9Wonth in 1976;and loierws.• the theme of the commemoration in 2024 is AfrwanAmericans and theArt,;and 4td4erras AfricanAmerican artists,poets,writers,visualartists,anddancers have historica![y servedas change agents through their crafts;and Ufwreas.• E4gitaC Cterary,visual or performing arts,Blacktrailblazers and innovators revolutionized their fiefds,often transforming them 6y pioneering new techniques andstyfes;and u 4ereas: through art,important issues andfrgures inAfncan American history are eWfted and underrepresentedstories are preserved Now,4herrforae I,&bert 9K. `Bo66y°:Dyer,%ayorof the City of Virginia Beach, Virgima,do here6y proclaim: February 2024 A.fricanAmeriean?feritage Wontk In 't*yb a Beach, 1 caff upon all citizens, government agencies, pu6Cu and private institutions, businesses, and schools in Virginia Beach to join us in ce[e6rating art and its relationship with justice. Art plays a role in communicating emotions,6udding community,and inspiring action. In 'Wi'tn= %*e►rof I have hereunto set my hand and caused the Officiaf Sea[of the City of Virginia Beach, Virginia,to 6e affiKed this SivhDay of,Fe6ruary,Two tTiousandandTwenty-,Four. ,:�3v >-� Wpbertw. Bob6y'Oyer 9Kayor 93 ITEM— VULI FORMAL SESSION AGENDA ITEM#75253 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items. The City Clerk called the following speaker: Rick Kowalewitch, 824 24`h Street, Phone: 831-6143, spoke in OPPOSITION to Ordinance J.1 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolution J. 1, 2, 3, 4, 5, 6 and 7 and Planning K. 1 (DEFERRED TO MARCH 5,2024) 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 February 6, 2024 94 ITEM— VILJ.l ORDINANCES/RESOLUTION ITEM#75254 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to AUTHORIZE acquisition of property in fee simple for the Centerville Turnpike Phase H Project, CIP 100057 (formerly CIP 2-409), 100451 (formerly CIP 5-251), 100452 (formerly CIP 6-556), and the acquisition of temporary and permanent easements, either by agreement or condemnation re enhanced safety and increase capacity 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 February 6, 2024 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CENTERVILLE TURNPIKE PHASE II 4 PROJECT, CIP 100057 (FORMERLY CIP 2- 5 406), 100451 (FORMERLY CIP 2-251), 100452 6 (FORMERLY CIP 6-556), AND THE 7 ACQUISITION OF TEMPORARY AND 8 PERMANENT EASEMENTS, BY AGREEMENT 9 OR CONDEMNATION 10 11 WHEREAS, the Centerville Turnpike Phase II Project, CIP 100057(formerly CIP 2- 12 409) includes widening of Centerville Turnpike from its current two-lane configuration to a 13 four-lane divided highway for enhanced safety and increased capacity. The current existing 14 two-lane road carries 19,078 vehicles per day and has a projected volume of 36,000 in 15 2040; and 16 17 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 18 public necessity exists for the construction of this important roadway project to improve 19 transportation, public utilities and stormwater within the City and for other related public 20 purposes for the preservation of the safety, health, peace, good order, comfort, 21 convenience, and for the welfare of the people in the City of Virginia Beach. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 Section 1. That the City Council authorizes the acquisition by purchase or 27 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.2-1007, et seg., and 28 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 29 simple, including temporary and permanent easements and entire tracts upon which such 30 rights of way or easements shall be located within the limitations and conditions of Section 31 33.2-1007 of the Code of Virginia 1950, as amended (the "Property"), as shown on the 32 plans entitled "CENTERVILLE TURNPIKE PHASE II CIP 100057 (FORMERLY CIP 2- 33 409), 100451 (5-251), 100452 (6-556) PWCN 11-0212 FROM: KEMPSVILLE ROAD TO: 34 INDIAN RIVER ROAD" (the "Project'), and more specifically described on the acquisition 35 plats for the Project (plats and plans collectively referred to as the"Plans"), the Plans being 36 on file in the Engineering Division, Department of Public Works, City of Virginia Beach, 37 Virginia. 38 39 Section 2. That the City Manager is hereby authorized to make or cause to be made 40 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 41 offer to the owners or persons having an interest in said Property. If refused, the City 42 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 43 condemn said Property. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 t h day of 46 February 2024. CA16254 PREPARED: 12/5/23 R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY J.j P BLIC WOR S REAL ESTATE CITY ATTORNEY �•y, p`a ' !�, „" �;��V\jP`K10rRi'►��'♦�� •11�♦�O�!!�' w E SWIM A + ����I ♦♦�= x(!;f .'—��, ��� Q)10 �� ®lam a !r S IN ,��i ALL♦•�i�ri�`�` `'' ,����EC'���ss '�,�� �V ♦`''�'q/Vi �D>. VAIZIN ,•�`s♦♦•�*his ���,,e�s 9► �C�.•, ' 'p� ere ��'�-,�'ti���� .;Iy� �4�'��'�► � 0WRO"J son � reap ♦ s�� AC ��♦�• ���♦♦♦♦j��i♦AiO�♦♦�1���s��,°gQ,�'' m aeraeeaeei I!/////�ii,►� '0Q� �Ir�♦`��"Q-,�! ♦ 000 • M ♦ �r►_.�o• •♦��IGPL MARON R�, •crssee�'Rr+e�i♦�����f11►� Sj0 ♦�v`, �j♦.♦♦o �'s�ORE-;��ivl •. i, C � �•�•���a �j��;�• 2� ��:••♦ .40 ♦ � ���1 ♦sue � m` ��s�t�����`%!'���•`�'� � �' .w 'S��' t �����t tit*t1� i~� r�� ♦♦•♦♦♦ ♦♦♦♦�1 •� ♦ •� � ::.:r�, 5 0 0♦♦�I,I o� �•�1 �,�♦♦o��wr=�. a ego 1� f�♦ •�► 1/� ��,;1s�wQ4i`•; J.• �� ♦�d��sr�Ci.�1/�♦0 ♦♦♦ .���T • ,�� . RiamiK'�OQ%����►�0 .�♦�� �ir�� rr►�r♦♦ot�0 ®i♦♦���'tee�, �OAe�` ••. `1���'r���•� 0LAX �'I ,�♦0���1/r' �!7�� ♦.♦I�;``j,•[�♦��11�''s+♦Q,O:O♦ ♦♦♦+♦ .��^t�� � .�o'♦ A®♦♦•,A poi♦�jr� a19"♦�O 0��� o��-�l�e !I� I ! ♦ r e 01 ♦� `♦ 1�e �� s�1►'•��� �1�t'� ���� t�� 1�r • apt • •i! �i♦♦Oj si♦i♦♦i1 �Oi ram♦ w+w�?v/ ♦ ��� ��� �' ♦- ♦ r�0 •i t 005���,'�i''�i a:'��•.,t'w`�,``� •�1���` ♦�.•.�!A ';�'��i��I,0��0�'s!�O♦i♦♦1 "low LOCATION MAP Legend 'off , �� CENTERVILLE TURNPIKE PHASE II PROJECT �� Project Area CIP 100057. City Property Feet e 0 600 1,200 2,400 Prepared by P.W./Enq./Enq. Support Services Bureau 10/09/2023 X:\CADD\Projects\ARC FilesWGENDA MAPS\Centerville\Centerville Turnpike Phase 11 CIP 10057\Centerville Turnpike Phase 11 Aerial.mxc '•-nEll, • �_�� ��it� C�:�::'Vr>�i:�LM tt.. e' 1�i ��' l ry,• •��` ` irilj~ • ` t�`.".;�,r Iti �li i !! ti~ � ��: @•a`ie a7 In�rr ��tr1�r�'�1• )� �• r {' ...�. 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" ♦ � `"i1 ���♦� 1!/., Vd. +��'w•� .+"♦.. �'y ♦`♦/I a i-....�,•• � t'�t,t••e�i,qt ) •• 11f ►/�j l•.� � ♦ Ate. ��. / ••• • //////�t0 ''T a,• '�.'x`tiy ♦ !"j ��Y'>�7�IN1 ����•J>,J�'�+"r* /����a1+ aii� �����, y�i � %: w :. . , \•� 6, lif+�3m G� i� S/ r � aJ .:��+1�'ti 7 `�:. ^v w �,.:fir! y. _ // �� `iY1fI /r.�1•♦ <. � �' �� � `. 4e A?•i I � � • �A Cam♦ ♦� Lv >i 0 (.d+���� 4,•4�iil�i.. ': �� `�\//�,r�\�t�. d,�`�`�t _ r �',•S ��♦/1 t� ♦� ♦ ��d►a yG, C,v�.f a°`^+`'`,3 „�:<+ ' `♦ t� • .,� �r: � ���• � �`M ny l' •���� \mow `i � Q..w . ���♦ `t /i♦l L����..�•�i� � •�4!� .�.•i"w.�Qn�a���. \;• Cry.` / All t , ♦ ,, LOCATION • • Legend CENTERVILLE TURNPIKE PHASE 11 PROJECT Project Area CIP 100057 Feet City Property ♦ � 1 .11 11 2,400 •. • • • • ••• 1 1• 1 �� • �• • 11 - • 95 ITEM— VILJ.2 ORDINANCES/RESOLUTION ITEM#75255 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to Execute a Memorandum of Understanding(MOA)between the City and the cities of Norfolk, Chesapeake, Portsmouth, and Suffolk, re establish the Hampton Roads Computer Aided Dispatch Interoperability Project 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 February 6, 2024 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF UNDERSTANDING 3 ESTABLISHING THE HAMPTON ROADS COMPUTER 4 AIDED DISPATCH INTEROPERABILITY PROJECT 5 6 WHEREAS, the cities of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia 7 Beach desire to enter into a Memorandum of Understanding ("MOU") to establish a 8 Hampton Roads Computer Aided Dispatch Interoperability Project; 9 10 WHEREAS, each city operates an emergency services dispatching center which 11 utilizes a computer aided dispatch system ("CAD System"); 12 13 WHEREAS, each city desires to link with the CAD System of the other cities to 14 create a real time dispatch and information sharing system between the city dispatch 15 centers to more effectively and efficiently coordinate and dispatch emergency resources 16 within Hampton Roads; 17 18 WHEREAS, each city has individually contracted with CentralSquare 19 Technologies, a third-party hosted CAD-to-CAD Interoperability System to link the cities' 20 CAD systems; and 21 22 WHEREAS, the City is authorized to enter into this MOU pursuant to Code of 23 Virginia §15.2-1300; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 The City Manager is hereby authorized to execute the Memorandum of 29 Understanding between the City and the cities of Chesapeake, Norfolk, Portsmouth and 30 Suffolk to establish the Hampton Roads Computer Aided Dispatch Interoperability Project 31 attached hereto. The final Memorandum of Agreement is attached and approved by the 32 City Attorney. 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of February 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: pa ment of Emer ncy Communications Office the City Attorney CA13052 R-3 December 21, 2023 Hampton Roads Computer Aided Dispatch Interoperability Project (HRCIP) Memorandum of Understanding This Agreement(the"Agreement")made and entered into as of this day of , 2023 by and between the localities of the City of Chesapeake,the City of Norfolk,the City of Portsmouth, the City of Suffolk, and the City of Virginia Beach(herein after referred to as "Member Agencies"). WHEREAS each Member Agency operates an emergency service dispatching center,which utilizes a computer aided dispatch system("CAD System")to receive, process, and dispatch information regarding emergency incidents to the appropriate fire, emergency medical, and/or law enforcement agencies. WHEREAS, each Member Agency has individually contracted with CentralSquare Technologies, a third-party hosted CAD to CAD Interoperability System("System"),to link with the CAD System of each Member Agency to create a real time dispatch and information sharing system between Member Agencies' dispatch centers; WHEREAS each Member Agency is an equal participating member that contributes to the Hampton Roads Computer Aided Dispatch Interoperability Program("HRCIP"); WHEREAS,the CAD to CAD connection provided by CentralSquare allows Member Agencies' Public Safety Answering Points(PSAPs) and other agencies that are approved private entities or non-governmental agencies who have entered into agreements with the Member Agencies and/or HRCIP to have access and who desire to contract with CentralSquare to receive CAD to CAD connection and support("Contract Agencies")to more effectively and efficiently coordinate and dispatch emergency resources within Hampton Roads; WHEREAS, the Member Agencies are authorized to enter into this Agreement pursuant to Code of Virginia § 15.2-1300. NOW, THEREFORE, in consideration of the mutual obligations contained herein it is agreed by and between the Member Agencies as follows: I. SCOPE OF RESPONSIBILITIES a. Each Member Agency shall at all times comply with standards established by federal laws and regulations and the laws and regulations of the Commonwealth of Virginia. b. Each Member Agency agrees to be bound by this Agreement and by the procedures adopted by the Advisory Panel within the powers granted to it by this Agreement as outlined in Section III. c. Each Member Agency shall maintain a plan of insurance or self-insurance including coverage for comprehensive liability. d. Each Member Agency is responsible for purchasing and maintaining a secure network connection with CentralSquare Technologies. Each Agency must have a high speed(IOMbps)network connection, firewalls,ports,network security, and must grant CentralSquare the ability to remotely access all project related systems. e. Each Member Agency will comply with all Federal, State, and local laws and regulations regarding the access,use, storage, and release of confidential information. f. Each Member Agency will decide which information to share with other Member Agencies. g. Each Member Agency is listed in Attachment A, attached hereto. h. Each Contract Agency is listed in Attachment B, attached hereto. II. TERM a. This Agreement shall commence on , 2023, and shall continue for a term of five(5)years. Thereafter, the Member Agencies may renew the Agreement for a period of time agreed upon by the Member Agencies. Such renewal will also be made by ordinance, in the same formality as this Agreement, and may include amendments the Member Agencies deem appropriate. III. ADVISORY PANEL a. The HRCIP and use of CAD to CAD connection shall be governed by an Advisory Panel, which shall discuss and approve policies and procedures for the oversight,management, and operation, of HRCIP. It shall include two standing committees: the Administrative Committee and a Change Management Committee. Each Member Agency shall select whether the individual appointed to the Administrative Committee or one individual appointed to the Change Management Committee to serve as a voting member on the Advisory Panel. b. The Advisory Panel may establish additional committees as needed. c. Each Member Agency's Advisory Panel member shall have one vote on any matter requiring a vote of the Advisory Panel. If such member is absent,the Member Agency's second member shall be entitled to vote in the voting member's stead. d. Each January, the Advisory Panel shall vote to select a Chair,Vice Chair, and Secretary from amongst its members, whose responsibilities are as follows: i. The Chair shall conduct all meetings of the Advisory Panel. ii. The Vice Chair shall carry out the functions of the Chair in the absence of the Chair, and any other duties as may be assigned later by the Advisory Panel. iii. The Secretary shall create and distribute an agenda for each meeting, prepare minutes, and maintain the records of the Advisory Panel in a common storage location accessible to all Member Agencies, and any other duties as may be assigned later by the Advisory Panel. e. The Advisory Panel members shall discuss and vote on agreed procedures for operation, as well as procedures for the coordinated management of the HRCIP. The Advisory Panel may also: i. Provide recommendations to each Member Agency regarding its performance and actions; ii. Deal with other matters necessary to further the purposes of this Agreement; and iii. Identify matters that require approval of each Member Agency. f. The Advisory Panel shall provide to the Member Agencies a written annual report that shall include all matters the Advisory Panel determines are relevant to the review and oversight of HRCIP and any other matters that may be required by law. g. The Advisory Panel and all committees shall comply with the public meetings requirements of the Virginia Freedom of Information Act. IV. ADMINISTRATIVE COMMITTEE a. Each Member Agency shall select one employee to serve on the Administrative Committee. b. The purpose of the Administrative Committee is to recommend operational policies and provide support and recommendations for the System. c. It shall prepare reports requested by Member Agencies accounting for resources given and received including but not limited to call types,unit types, etc. i. It shall make recommendations to the Advisory Panel regarding development and maintenance of operational guidelines. ii. Review each Member Agency's internal policies regarding use of the HRCIP and sharing of information with other Member Agencies\("Business Rules"). V. CHANGE MANAGEMENT COMMITTEE a. Each Member Agency shall appoint a minimum of one representative from their IT Department to function as the CAD-to-CAD Application Administrator and serve on the Change Management Committee. b. The purpose of the Change Management Committee is to review requests and provide recommendations for changes to the System received from Member Agencies and/or the Administrative Committee. Its duties also include but are not limited to: i. Review recommendations from the Administrative Committee for changes to the CAD-to-CAD system and providing its response. ii. Review and provide recommendations in response to Member Agency requests for technical changes of the System. iii. Approve by majority vote any global changes to the system, for example System Login Policy. iv. Establish a process to notify Member Agencies in a timely manner regarding global changes to the system. v. Submitting all recommendations to the Advisory Panel. The members of the Advisory Panel shall discuss and vote on the recommendations. If technical changes are agreed to, the members of the Change Management Committee will coordinate with their respective information technology departments and CentralSquare to determine if the change(s) are possible, and if so to implement the changes to the System. VI. MEETINGS a. A quorum shall be fifty percent(50%)plus one(1)of the voting members of the Advisory Panel. b. Votes,recommendations, and actions require approval by a two-thirds vote of members of the quorum of the Advisory Panel that are present. c. The Advisory Panel shall provide at least fourteen(14)days advance notice to all Member Agencies of items the panel will be voting on for recommendation. VII. WITHDRAWAL/TERMINATION a. A Member Agency may withdraw from this Agreement for any reason. A withdrawing Member Agency shall give the other Member Agencies sixty(60) days' advance written notice of its decision to withdraw. b. Withdrawal of a Member Agency shall be a partial termination, in that it shall only serve to terminate the rights and/or obligations of the withdrawing Member Agency and shall not alter the rights and/or obligations of the remaining Member Agencies. c. This Agreement shall terminate upon the date of the end of the agreed period or any renewal thereof,upon a new Agreement by all Member Agencies that terminates the present Agreement, or when all Member Agencies, or all but one Member Agency,withdraws from the Agreement. d. Upon the termination of this Agreement and the termination of any successor Agreement, any joint property shall be returned to each of the Member Agencies, if that property is intellectual or is otherwise property capable of being distributed to multiple places. If there is physical property that can only be returned to one Member Agency, it will be returned to the Member Agency most closely associated with the property, or, if no Member Agency is most clearly associated with that property, the property will be returned to the Member Agency who appointed the most recent Chair of the Advisory Panel. VIII. FINANCING/BUDGET a. As this Agreement is for the sharing of real time dispatch and information between Member Agencies,no budget is required pursuant to this agreement. Each Member Agency shall bear their own costs associated with implementing and maintaining their respective CAD systems. - - b. In the event that this Agreement results in costs that are not attributable to individual Member Agencies, the cost will be borne by all Member Agencies in equal measure. IX. APPROVAL OF AGREEMENT/AMENDMENTS TO AGREEMENT a. This Agreement shall become effective once it has been approved by ordinance from each Member Agency and signed by the Agent authorized to do so by such ordinance. b. Amendments to this Agreement shall be approved by the governing body of each Member Agency through ordinance pursuant to Virginia Code § 15.2-1300. As evidence of their agreement to the terms and conditions set forth herein,the Parties affix their authorized signatures hereto: (Signatures on Next Pages) CITY OF SUFFOLK APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF SUFFOLK By: Signature Name: Title: Date: CITY OF PORTSMOUTH APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF PORTSMOUTH By: Signature Name: Title: Date: CITY OF CHESAPEAKE APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF CHESAPEAKE By: Signature Name: Title: Date: CITY OF NORFOLK APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF NORFOLK By: Signature Name: Title: Date: CITY OF VIRGINIA BEACH APPROVED AS TO LEGAL SUFFICIENCY: City Attomey's Office CITY OF VIRGINIA BEACH By: Signature Name: Title: Date: 96 ITEM— VII.J.3 ORDINANCESIRESOL UTION ITEM#75256 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia Beach School Board and APPROPRIATE miscellaneous revenue re use of the school buses during the National High School Coaches Association Senior Nationals 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 February 6, 2024 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT WITH 3 THE VIRGINIA BEACH SCHOOL BOARD AND TO 4 APPROPRIATE MISCELLANEOUS REVENUE 5 6 WHEREAS, the safe and efficient movement of people is a public purpose; and 7 8 WHEREAS, Virginia law allows a local governing body to enter into an agreement 9 with the local school board to use school buses; and 10 11 WHEREAS, the National High School Coaches Association has committed to 12 reimburse the City for the actual costs of the use of school buses to transport attendees 13 of the National High School Coaches Association Senior Nationals (the "Event"); 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA, THAT: 17 18 1. The City Council hereby authorizes the City Manager or designee to execute 19 an agreement with the Virginia Beach School Board consistent with the 20 requirements set forth in § 22.1-82 of the Code of Virginia and Policy 7-52 of 21 the School Board for the use of school buses during the National High School 22 Coaches Association Senior Nationals, provided the agreement is approved for 23 legal sufficiency by the City Attorney. 24 25 2. $6,000 in estimated reimbursement from the National High School Coaches 26 Association is hereby appropriated, with miscellaneous revenue increased 27 accordingly, for the costs associated with the agreement for the use of school 28 buses, provided the City Manager or designee is directed to reduce this 29 appropriation and the estimated revenue to the amount of the total costs of the 30 agreement authorized in #1, supra, when the amounts are known and the work 31 completed. 32 33 3. As a requirement of the City entering into the agreement with the Virginia Beach 34 School Board, the promoter of the Event shall provide the City with proof of 35 liability insurance, self-insurance, or other indemnity satisfactory to the City's 36 Risk Manager for full liability coverage of the City at no cost to the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of February , 2024. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ZA D AS TO LEGAL SUFFICIENCY: Convention and Visitors Bureau y's Office CA16400/R-1 /January 24, 2024 97 ITEM— VILJ.4 ORDINANCES/RESOLUTION ITEM#7525 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to APPROPRIATE$1.2-Million from the Parking Enterprise Fund Balance to the FY2023-24 Economic Development Operating Budget re continuation of authorized Freebee services to complete FY 2023-24 previously approved scope 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 February 6, 2024 1 AN ORDINANCE TO APPROPRIATE $1,200,000 FROM 2 THE FUND BALANCE OF THE PARKING ENTERPRISE 3 FUND FOR CONTINUATION OF FREEBEE SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $1,200,000 is hereby appropriated, with revenue increased accordingly, from the 9 fund balance of the Parking Enterprise Fund to the FY 2023-24 Operating Budget of the 10 Department of Economic Development to continue micro-transit services in the Resort Area 11 using Freebee services. Requires an affirmative vote by a majority of all of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day of February , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: —OLW c4A&�� - - Budget and anagement Services it orney's Office CA16403 R-1 January 24, 2024 98 ITEM— VII.J.5 ORDINANCES/RESOLUTION ITEM#75258 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRUTE$10,261,435 from the Virginia Department of Transportation (VDOT) to the FY 2023-24 Department of Public Works Operating Budget, and TRANSFER $9,861,435 as Pay-Go Funding to the FY 2023-24 Capital Improvement Program re (a) PG100040, `Bikeway/Trails and Renovation I" - $1,124,279; (b) PG100268, "Major Bridge Rehabilitation H" - $5.3-Million; and (c) PG100401, "Street Reconstruction II" - $3,437,158 and A UTHORIZE$400,000 repurchase two (2) crash trucks with arrow boards and related equipment 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 February 6, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION FUNDING AND TO 3 TRANSFER A PORTION OF SUCH FUNDS TO THE CAPITAL 4 IMPROVEMENT PROGRAM FOR ELIGIBLE ROADWAY WORK 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $10,261,435 is hereby accepted from the Virginia Department of Transportation and 10 appropriated, with state revenue increased accordingly, to the FY 2023-24 11 Operating Budget of Public Works. 12 13 2) $9,861,435 of the amounts appropriated above are hereby transferred as a pay-go 14 funding to the FY 2023-24 Capital Improvement Program to the following projects in 15 the following amounts: 16 a. PG100040, "Bikeway/Trails Repairs and Renovation I" - $1,124,279-1 17 b. PG100268, "Major Bridge Rehabilitation 11" - $5,300,000; and 18 c. PG 100401, "Street Reconstruction 11" - $3,437,156. 19 20 3) The remaining $400,000 is authorized to be used for the purchase of two crash 21 trucks with arrow boards and related equipment. Requires an affirmative vote by a majority of all of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 th day of February , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1"') Bu get and Management Services torney's ffice CA16404 R-1 January 24, 2024 99 ITEM— VILJ.6 ORDINANCES/RESOLUTION ITEM#75259 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT, Ordinance to TRANSFER $305,294 from the General Funds Reserve for Contingencies and ACCEPT and APPROPRIATE$457,941 from the Commonwealth of Virginia to the FY2023-24 Voter Registrar and Elections Operating Budget re Presidential Primary Election on March 5,2024 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 February 6, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 AND TO TRANSFER FUNDS FOR THE MARCH 5, 2024, 3 PRESIDENTIAL PRIMARY ELECTION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $305,294 is hereby transferred from the General Fund Reserve for 9 Contingencies to the FY 2023-24 Operating Budget of Voter Registrar and Elections to 10 partially fund the Presidential Primary Election on March 5, 2024. 11 12 2) $457,941 is hereby accepted from the Commonwealth and appropriated, with 13 state revenue increased accordingly, to the FY 2023-24 Operating Budget of the Voter 14 Registrar and Elections to fund the Presidential Primary Election on March 5, 2024. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of February 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: /llt, udget and Management Services City Attorne s Office CA16397 R-1 January 24, 2024 100 ITEM— VII.J.7 ORDINANCESIRESOL UTION ITEM#75260 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT,Ordinance to ACCEPT and APPROPRIATE$30,925 from the Virginia Marine Resources Commission to the FY 2023-24 Public Work Operating Budget and AUTHORIZE $30,925 subrecipient grant to the Vessel Disposal & Reuse Foundation re the administration, removal, and disposal of three (3)of abandon and derelict vessels(ADVs) 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 February 6, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDING 2 FROM THE VIRGINIA MARINE RESOURCES COMMISSION 3 ABANDONED OR DERELICT VESSEL PROGRAM AND TO 4 AUTHORIZE A SUBRECIPIENT GRANT TO THE VESSEL 5 DISPOSAL AND REUSE FOUNDATION 6 7 WHEREAS, the Virginia Marine Resources Commission established the Abandoned 8 and Derelict Vessel (ADV) program to provide grants to local governments for the removal of 9 abandoned and derelict vessels from the public tidal waters; and 10 11 WHEREAS, the City applied for and was awarded $30,925 for the administration, 12 removal, and disposal of three ADVs; and 13 14 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA THAT: 16 17 1) $30,925 is hereby accepted from the Virginia Marine Resources Commission and 18 appropriated, with miscellaneous revenues increased accordingly, to the FY 2023- 19 24 Operating Budget of the Department of Public Works. 20 21 2) A subrecipient grant is hereby authorized in the amount of $30,925 to the Vessel 22 Disposal and Reuse Foundation. The provision of the subrecipient grant shall be 23 pursuant to a grant agreement providing for the orderly removal of the ADVs and 24 accounting for the grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h day Of February , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 udget and Management Services City me Vs ffice CA16402 R-1 January 24, 2024 101 ITEM— VII.K.I PLANNING ITEM ITEM#75261 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council DEFERRED TO MARCH 5, 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 861h Street& 8600 Ocean Front Avenue DISTRICT 6(Deferred from January 2, 2023) 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 February 6, 2024 102 ITEM— VILL APPOINTMENTS ITEM#75262 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 90-DAY FESTIVAL TASK FORCE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPOR TA TION PLANNING ORGANIZATION HEALTH SERVICES AD VISOR Y BOA RD HUMAN RIGHTS COMMISSION 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 STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION February 6, 2024 103 ADJOURNMENT ITEM#75263 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:50 P.M. Terra . Cheli Chief Deputy City Clerk W, A nda Barn s, 1VMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia February 6, 2024 104 OPEN DIALOGUE The following registered to speak: Dennis Jemison, 4005 South Plaza Trail, Phone: 790-7972, did not respond Andrew Chalwell, 5832 West Hasting Drive, Phone:201-597-1206, did not respond Robert Hall, 5705 Lynnhaven Parkway#104, box 75, Phone:252-655-8248, did not respond Billy Thompson, 1507 Garland Way, Phone:237-9001, did not respond Jarrid Lopez, 2308 Starfish Road, Phone: 567-0195, requested City Council allow skating on the Boardwalk during the off-season between October Is'—April 30' Hanna Merk,Phone: 799-5166, expressed her frustration for receiving three(3)tickets for traffic violations and ten (10)photo safe tickets Blake Robertson,President of Shadowlawn Civic League, 801 High Point Avenue,Phone: 754-9439,spoke concerning the Winston-Salem Project and the unsafe conditions of narrow roadways in the neighborhood. Saher Mirza, 3940 Meeting House Road, Phone: 919-302-2274, requested City Council's support for a Resolution to request a ceasefire in Palestine Connie Weisberg, 509 Winston Salem Avenue,Phone: 754-9439, requested the completion of the Winston- Salem Project Sahian Nanez, 9521 21"Bay Street, Norfolk, Phone: 626-232-2429, requested City Council's support,for a Resolution to request a ceasefire in Palestine Kevin Holloman, 618 Manors Way, Apartment B, Phone: 383-0247, requested information on resources and support to help him grow his non-profit organization Nihal Gokus, 4701 Hermitage Road, Phone: 277-3884, requested City Council's support for a Resolution to request a ceasefire in Palestine Jim Aldrich, 928 South Birdneck Road, Phone: 561-685-8086, spoke to bring awareness of the sport of pickleball and a tournament planned for March 20, 2024 Phillip Newallo, 1029 Smoke Tree Lane, Phone: 714-5195, spoke concerning the City's election district legislation being considered by the General Assembly Sally Andrews Gudas, 9419 Selby Place, Norfolk, requested City Council's support for a Resolution to request a ceasefire in Palestine James Moore, 6112 Lexington Court, Phone: 343-4097, did not respond Shelby Lamb, 5301 Joust Court, Phone: 670-7023, requested City Council's support for a Resolution to request a ceasefire in Palestine Maurice Wilson, 1164 Miller Lane, Phone: 342-5401, requested City Council's assistance in resolving injustices by the City of Portsmouth ADJOURNED at 7:38 P.M. February 6, 2024