HomeMy WebLinkAboutFEBRUARY 20, 2024 FORMAL SESSION MINUTES ��1t41A'B
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Vrginia
FEBRUARY20, 2024
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, February 20, 2024, at 1:00 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,
Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
Jennifer Rouse—Arrived at 1:18 P.M.,
BRIEFINGSCITY COUNCILS
2024 GENERAL ASSEMBLY UPDATE
1:01 P.M.
Mayor Dyer welcomed Brent McKenzie, Legislative Affairs Liaison. Mr. McKenzie expressed his
appreciation to City Councilfor their continued support:
-r•'
General Assembly Legislative Update
Brent McKenzie,Legislative Affairs Liaison
February 20,2024
VIRGINIA
�� BEACH
2024 General Assembly Update
Today's update:
• Status of Legislative Agenda items
• Status of legislation to support&oppose
• Appropriations Committees Budget reports
Goal of today's presentation is to provide a brief update on the General Assembly
session.
zV
February l
3
CITY COUNCILS BRIEFINGS
2024 GENERAL ASSEMBLY UPDATE
ITEM#75264
(Continued)
The next several slides provide a Status of Legislative Agenda items:
Status of Agenda items
Bill Status
HB 416 10-1 Charter Passed tIra;ouse 75-24-1
SB 189 10-1 Charter Crossed over to the House and passed House CCT
16-5
SB 262 Board of Equalization Passed Senate 40-0
HB 415 Board of Equalization Passed the House 100-0
HB 409 10-1 General Law Failed to pass in House P&E(11-11)
SB 188 10-1 General Law Passed Senate 40-0
HB 133 Toxic Exposure Fund Amended version passed House 98-0 The Committee
removed funding request and moved forward with the
workgroup to put together guidelines.Will come back for
funding next year after there is a better understanding of
the full scope.
SB 650 Toxic Exposure Fund Senate made same amendment that the House did and it
passed the Senate 40-0
SB 336 Speed Cameras Passed the Senate 22-18 and now will head to the House.
HB 1032 Mailing tickets for speed cameras Failed to report out of Committee
February 20, 2024
4
CITY COUNCILS BRIEFINGS
2024 GENERAL ASSEMBLY UPDATE
ITEM#75264
(Continued)
HB 134 Fentanvl Education Passed House 99-0
HB 1036 Local authority to tax vapina products Was struck by the patron.Issues arose on how to implement
the tax.There is legislation that would require vaping
products retailers to register with the Commonwealth.
The thought is that once that is codified,there may be an
option to do a local tax.
HB 642 Creative Economy Grant Fund Left in Appropriations
HB 235 Right-of-way violations Failed to report 5-3 in the Counties,Cities,and Towns
Committee
HB 1034 STR enforcement Failed to pass in General Laws Committee
HB 374 Minority Business Council Passed House 99-0
The next two(2)slides provide an Update on Legislation City Council Supports:
SB 135 Reduces from 100 acres to 50 acres the minimum number of contiguous acres required for Passed Senate 38-0
Virginia site that is not a brownfield to satisfy the acreage requirement to be considered eligible to
Economic receive a site development grant from the Virginia Business Ready Sites Program Fund bythe
Development Virginia Economic Development Partnership Authority.
Partnership The bill also exempts from the minimum acreage requirement any site that exists in a locality
Authority; that has three or fewer eligible sites that are at least 100 acres.
SB 343 and HB Allows localities to establish,by ordinance,one or more military centered community zones, SB 343 passed Senate 40-0
619 defined in the bill as a community that has a significant presence of military personnel living or and crossed over to the
Military working in the designated area and where such presence drives,or has the potential to drive, House where R passed CCT
centered significant economic activity.The bill provides that a locality,or another political subdivision 12-1
community acting on behalf of the locality,may offer unique benefits to businesses looking to locate within
zones;local a zone for the purpose of serving the needs of the military personnel,including reduction of HB 619 passed 94-2
designation certain fees and taxes.
SB 496 Reduces the local funding match requirement for GO Virginia grams from being equal to the Passed Senate 40-0
Virginia Growth grant amount to being at least equal to half of the grant amount.The bill also allows payouts for
and Opportunity the Virginia investment performance grant and the Virginia economic development incentive
Act;Virginia grant programs to begin in the first year after reaching performance targets.
investment Under current law,payouts for such grant programs generally cannot begin until the third year
performance after projects achieve their performance targets.The bill also requires projects seeking grants
grants. from the Virginia investment performance grant program to pay at least the prevailing average
wage if job creation is included in a grant award determination.
February 20, 2024
S
CITY COUNCILS BRIEFINGS
2024 GENERAL ASSEMBLY UPDATE
ITEM#75264
(Continued)
SB 180 Allows Virginia ABC to issue annual mixed beverage performing arts SB 180 passed Senate 40-0
Alcoholic beverage control; facility licenses to persons operating food concessions at any performing House passed a Commonwealth-
annual arts amphitheater,arena,or similar facility that has a total capacity in wide version
mixed beverage performing excess of 3,000 patrons and is located in the City of Virginia Beach.
arts facility licenses.
HB 1053 Allows localities and state agenciesto apply,under certain conditions,to Passed House 99-0 and crossed
Abandoned watercraft; the Department of Wildlife Resources for an authorization to destroy and over to the Senate where it
destruction and disposal dispose of an abandoned watercraft. passed Senate Ag Committee 12-
by localities and state 0
agencies.
HB 1054 Provides that a locality may require the owner of property that(1)was Passed House 75-23
Vegetative growth on certain formerly used as a golf course and(ii)abuts an area zoned for residential
property;maintenance. purposesto maintain the vegetative growth on the former golf course
property in a mannerthat(a)prevents such property from becoming a
detriment to the health,safety,or welfare(b)does not change the
character of the former golf course property so as to be incompatible
with the surrounding residential area.
The bill further provides that whenever the locality deems it necessary,
after reasonable notice as determined by the locality,the locality may
have its agents or employees cut or maintain the vegetative growth,in
which event the cost and expenses thereof shall be chargeable to and
paid by the owner of such property and may be collected bythe locality
astaxes are collected.
Here is an Update on Legislation City Council opposes:
®�
SB 304 Requires a locality to include in its zoning ordinances for residential zoning districts Passed Senate 22-
Zoning;development accessory dwelling units,or ADUs,as defined in the bill,as a permitted accessory use. 18
and use of accessory The bill requires a person to seek a permit for an ADU from the locality,requires the
dwelling units locality to issue such permit if the person meets certain requirements enumerated in the
bill,and restricts the fee for such permit to$100 or less.
HB636/SB 567 Siting of Establishes a procedure under which an electric utility or independent power provider Failed to pass in
energy facilities; (applicant)is able to obtain approval for a certificate from the State Corporation Committee
Commission for the siting of an energy facility rather than from the governing body of a
locality.
SB 233 Faith in Housing Permits a religious organization to construct affordable housing on real estate owned by Continued to 2025
for the Commonwealth that religious organization
• Supersedes a locality's authority
HB 1328 Transient Centralizes the collection ofthe transient occupancy tax with the Commonwealth rather Failed to pass in
occupancy taxes; than locally Committee
administration.
SB 544 Short-term rental Prohibits a locality from barring the use of or requiring that a special exception,special Passed Senate 25-
property;locality's use,or conditional use permit be obtained for the use of an accessory dwelling unit for a 15
ability to prohibit use of short-term rental in an area zoned for residential use where the primary dwelling unit on
accessory dwelling unit the site is occupied by the property owner.
February 20, 2024
UPDATECITY COUNCILS BRIEFINGS
2024 GENERAL ASSEMBLY
House Budget report
• Eliminated majority of Governor's tax package
• Retained the Governor's proposal to expand the sales tax to the"new economy"
• Increases education funding by$1 billion
• Increases average teacher salary above the national average;338%raise in each year of the
biennium(localities must provide 2%raise to access funds)
• $41H million in funding for childcare/pre-K initiatives
• 3%salary increase for state employees and state supported local employees in each year
• $37.5 million increase for the Virginia Housing Trust Fund(Bringing total funding to$187 million)
• $S.0 million each to three new programs to help address housing needs:
• Down-payment assistance for low-income families
• Purchase of manufactured home parks by tenants or non-profit
• Incentives for localities adopting favorable zoning practices
• Provides$100 million for Community Flood Preparedness Fund
• Directs Secretary of Public Safety to assess funding adequacy and state-level organizational
support for local fire and EMS programs `,
Senate Budget report
• Eliminated majority of Governor's tax package
• Retained the Governor's proposal to expand the sales tax to the"new economy"
• Increases education funding by$1.6 billion
• Increases average teacher salary by 3%in each year of the biennium
• $400.6 million to fully remove the capon support positions
• $200 million to backfill funds lost due to the elimination of the grocery tax
• Up to$300 million available for school construction
• $138.0 million in the Water quality Improvement Fund and$155.0 million for flood resilience
• 2.5%pay increase each year of the biennium for state employees
• $92 million in toll relief for the Downtown and Midtown tunnels
• 14 free toll trips a week to those making less than$5lose .year
• Forgives unpaid toll charges for all drivers
• Provides free E-Z Pass toll transponders
io yp
February2024
7
CITY COUNCILS BRIEFINGS
2024 GENERAL ASSEMBLY UPDATE
ITEM#75264
(Continued)
Discussion
Mayor Dyer expressed his appreciation to Mr. McKenzie for the presentation.
February 20, 2024
R
CITY COUNCILS BRIEFINGS
PIN MINISTRY SER VICES
ITEM#75265
I:25 P.M.
Mayor Dyer welcomed Dallas Stamper, Executive Director. Mr. Stamper expressed his appreciation to
City Council for their continued support:
Pff-4
People In Need
PiN Ministry Year-Round Shelter Plan
Presented to:
Virginia Beach City Council
February 20,2024
By:
Dallas Stamper
Executive Director
Here is an overview ofPeople in Need(PiN)Ministry:
Who is PiN Ministry?
Nov 2
Sewed First official
Started Winter
sandwhes to employee hired! Shelter Program—
the homeless
-A Dec 2020
' N -profit status City of Virginia t�
on Beach Hotel lk
established
Program
February 20, 2024
9
CITY COUNCILS BRIEFINGS
PIN MINIS TR Y SER VICES
ITEM#75265
(Continued)
Here is the PiNDay Support Numbers for years 2020 through 2023,showing a 15%increase between 2022
and 2023:
PiN Day Support Numbers by Year
1200 -- --"--------
106215%increase
1000 921
between
2022 and 2023
wow eoo
606
600
454
400
200
0
2020 2021 2022 202-
■u�iq�e aie�lz
PA's 2023 Clients Served
•SLEEPING ROUGH(doorways,benches,
behind dumpstem,in portapottles)
■ENCAMPING
a NOT CURRENTLY HOMELESS
•LIVING IN CAR
-' lll'a
€OTHER(couch surfing,moving from
place to place)
■HOTELS(HUD doesn't consider
homeless)
■SHELTERS
February 20, 2024
10
CITY COUNCILS BRIEFINGS
PIN MINISTRYSER VICES
ITEM#75265
(Continued)
Over the past two (2)years, those in need of winter shelter has increased 54%:
Snapshot of Winter Shelter 9 Week Daily Occupancy Average
2023-2024 -�
increase
2022 2023 overlast
2021-2022
2021-2022 2022-2023 2023-2024
Avg#Guests per Night 43 56 66
Here are a couple of the City Laws pertaining to homelessness:
Virginia Beach Laws
It shall be unlawful and a Class 4 misdemeanor for any person
SleeDin• to use an automobile for sleeping quarters,in lieu of hotel,
tourist cabin,boarding house,rooming house or other similar
accommodations,within the city.(Code 1965, §23-48)
It shall be unlawful and a Class 4 misdemeanor for any person
• to sleep in any public park or in or on other public property
,,. between the hours of 8:00 p.m.and 8:00 a.m.
(Code 1965,§23-48.1.1)
YOU CANT ARREST OR TICKET YOUR WAY OUT OF HOMELESSNESS
February 20, 2024
11
CITY COUNCILS BRIEFINGS
PIN MINISTRY SER VICES
ITEM#75265
(Continued)
Why Year-Round Shelter?
Virginia -. place for
411 housing units - resolvers to live
p safely.
the meantime?
Where do _eople go in
�*► Homelessness on
rise - and we need to be
�'. • •.
Here are a few ways to help:
How Can You Help?
s 1. Recognize and know that homelessness is on the rise
in our City.
2. Visit PiN or Winter Shelter anytime to see first-hand
the needs of the homeless in our community.
3. Continue the Council-created Year-Round Shelter
Workgroup and adopt any helpful suggestions
brought forth.
February 20, 2024
12
CITY COUNCILS BRIEFINGS
PIN MINIS TR Y SER VICES
ITEM#75265
(Continued)
1
People in Need
4T&W& YOUr
Dallas E.Stamper,Jr.
Executive Director
PiN Ministry
757-962-3567
Dallas.StamoerCal Pi nMi nistry.ora
Mayor Dyer expressed his appreciation to Mr. Stamper for the presentation.
February 20, 2024
13
CITY MA NA GER'S BRIEFINGS
WASTE MANAGEMENT I SPSA I RECYCLING UPDATE
ITEM#75266
2:19 P.M.
Mayor Dyer welcomed L.J. Hanson, Director—Public Works. Mr. Hanson expressed his appreciation to
City Council for their continued support:
m
Curbside
• ■ Update
•
February
RecapVIRGINIA
VB BEACH
1.
2. Public
• •.
sults
Agenda
3. • • Findings
4. SPSA Update
Steps5. Next
• Discussion
February 20, 2024
UPDATE14
CITY MANA GER'S BRIEFINGS
6 6
The next several slides provide a recap ofIssues and Actions:
"' Automated (95 gallon)Cost per home/per month is
$3.02 (Included in the Refuse fee)
• Manual (18 gallon) Cost per home/per month is
$3.10 (about 376 townhomes)
Virginia`s
Beach Average number of homes receiving curbside
recycling services: 125,000
Recycling
(Today) Waste Management(WM) manages two recycling
centers. Using two compactors at each site,WM
hauls the recyclable material to TFC for processing.
Cost-$5.64 per ton
• Total price for services$4.66M annually , �, �„�
Waste & Recycling Tonnages
FV 23/24• � '
,054
FY 22/23 I
363,134
57,168
FY 20/21 i
369,21',r,
FY 19/20
147,38 i
0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 16D,000 180,000
FY 19/20- FY 20/21 FY 21/22 FY 22/23 F1'23/24'
■Rate 36.2% 14.2% 32.3% 12.5% i1.8%
Recycling 28,41a 28,011 22,038 23,237 12,817
r 9PSA 147,383 1�,218 357,168 163,134 96,054
February
15
CITY MANA I BRIEFINGS
WASTE MANAGEMENTISPSA
IRECYCLING
UPDATE
11
recyclingThe current contractI ' on June 3 01h:
• Current Contract Expires 6/30/2024
• Vendor has notified us that they will not
accept the contract identified five-year
Recycling extension at current rates
Contract
Status Recycling costs were anticipated to double,
leading to a potentially significant impact to
the Waste Service Fee
• Vendor service issues remain a significant
s annoyance for citizens and staff
Citizen Complaints
„ 6163
6000 ��
6300
3000 q]�
000 3]4]
3000 2901
2131
2000
3000
0 — T
2016 2017 2018 M19 2020 2021 2022 2023
aecpireuleel s Mp
February
BRIEFINGS16
WASTE MANAGEMENTISPSA iECYCLING UPDATE
ITEM 11
Streets Not Serviced
Her
3s� „26
330p
2800 261] 2606
2483
2361
2300
1800
1432
1300
926
800 615
26)
300
-200 2015 mis 2011 2018 2019 2020 2021 2022 2023
xwx numne I 1 Yp
• are SomePotential Options Proposed:
• Exchanging curbside collections with
community convenience centers
• Converting City-based curbside to resident-
based subscription service
Some Potential
Options • Allowing residents to opt-in/out of City-based
Proposed curbside
• Separate collections from processing
• Make no changes—Other options?
February l 2024
17
CITY MANAGER'S BRIEFINGS
WASTE MANAGEMENT/SPSA/RECYCLING UPDATE
ITEM#75266
(Continued)
Staff briefed City Council . 2023, and
identified several steps for staff to undertake:
1. Communications and PW staff would engage
Plan of - public on • • like to see
Action •
would issue a Responsefor
Proposal (RFP) soliciting recycling services
3. Staff would engage with regionalpartners to
identify possible solutions or ideas
TASKS AUG/SEPT OCT/NOV DEC/JAN FEB/MARCH APR/MAY JUNE
Public Engagement ----- — —
,. RFP Process
FY25 Dept.
Budget Planning
Council Retreat
Proposed FY25
Budget Presentation -
Budget Public
Hearings
FY25 Budget Vote
February 20, 2024
UPDATE18
CITY AlAAA GER'S BRIEFINGS
ITEM 6,
Speak
Here is
11pV6 Resident Engagement
My City
My Voice
r Summary of Resident Engagementefforts:
• Timeline:
Febni
•Aug.28—Oct. 1: Education portion of campaign.
•Oct.2—Nov. 17: Public input/survey portion of
campaign.
•Objective:
Summary •Obtain widespread resident input on their recycling
preferences to share with City leadership prior to any
major decisions being made. Input was collected via
a survey on SpeakUpVB.com and preferences were
driven by pre-selected recycling options for residents
to rank within the survey.
•Results:
•9,948 survey responses.
• Including 92 paper surveys.
uQ
r
19
CITY AMNA GER'S BRIEFINGS
,D
, f
Here are the resultsfrom 'public engagementcompleted
• 83.8%(8,333) of respondents report their primary
residence as asingle-family home.
We Heard
• 83.6% (8,318) of respondents report currently paying
From Those for or receiving curbside recycling collection.
Currently
Paying • 88.1%(8,764) of respondents describe themselves as
' for Curbside "diligent" or"conscientious" recyclers.
• 86.9% (8,648) of respondents consider it "essential" or
"important"to have curbside recycling services as part
of Virginia Beach Waste Management services.
• 44.5% (4,428) of all respondents report
monthly as the total amount they would be able
to pay for the convenience of curbside recycling
collection.
Some are
Able to Pay • 23.6% (2,345) report $5-$10 monthly as the total
More they are able to pay.
No[e:9.7%(966)of respondents did not answer this question.
Question:If you selected an option of increased fees for curbside recycling collection,what total amount would you be
able to pay for the convenience of curbside recycling collection? w..x .P,,,,,i„ VB
ebruary 2024
I
UPDATECITY MA NA GER'S BRIEFINGS
WASTE MANAGEMENT/SPSA/RECYCLING
66
• Option 1:Same Services,Increased Cost
February
• 36.29�°(3,602)of respondents ranked this option first.This
option also had the highest average ranking of 1.32.
• Of the respondents who ranked this as their top option,
55.6%reporting being able to pay$1-$4 monthly,and 35.3%
` reported being able to pay$5-$10 monthly.
Option ;
• Option 3:Opt-in/Opt-Out Program
Ranking.' 12.8%(1,276)of respondents ranked this option first,with
an average ranking of 1.81.
• Option 2:Eliminate Curbside,Increase Convenience Centers
• 5.3%(530)of respondents ranked this option first,with the
lowest average ranking of all options at 2.43.
Note:Percentages do not sum to 100%because 45.6%(4,540)of respondents did not answer the option-ranking question.
wemfir•uW«�a VB
RFP Responses
i
BRIEFINGS21
UPDATEWASTE MANAGEMENT/SPSA/RECYCLING
The next couple ofslides summarize the RFP issued on i i
• RFP was issued on November 27, 2023,
and closed January 10, 2024
• Informed potential offerors about civic
RFP engagement process
Offered
• Identified potential Opt-In option
• Requested that vendors submit on
collection and/or processing for curbside
recycling—to be awarded separately
RFP is still open—Not able to disclose specific
information at this point.
• Two vendors submitted on the RFP
RFP Neither vendor wanted to submit on Opt-In
Responses
• Both vendors prefer to not separate collection from
processing—One vendor only submitted this way
and one submitted both ways with a significant
markup to allow the separation of the two
elements of recycling
22
CITY MA NA GER'S BRIEFINGS
,D
66
If we choose to retain curbside recycling, costs will rise
sharply but nothing will change from a service
standpoint
Early Choosing the lowest offered price,total yearly cost
of$4.66M today will rise to approximately$9.02M
Take- with new contract-An increase of$4.36M
Aways annually or a 93.6% increase
From RFP
• Selecting the higher bidder would result in an
increase of approximately$10.3M annually or an
increase of 221%
The Solid Waste Fee would require a monthly increase
of$3.05/house/month to account for this contract
increase
Impacts to Current monthly Solid Waste Fee-$27.50/house/mo
the Solid Recycling is$3.11 or 11.3%of overall fee
Waste Fee
Proposed monthly Solid Waste Fee-$30.55/house/mo
• Recycling would be$6.16 or 20.2%of overall fee
February
BRIEFINGS23
,D
The nextfew slides provide an updatefor Southeastern Public Service Authority Of Virginia (SPSA):
�� SPSA U date
� p
• In 2018 SPSA went through a significant structure
change
• All 8 communities signed identical Use&Support
Agreements (USAs)with a single Work Plan in
SPSA & place
Recycling
• Curbside recycling was specifically left out of the
Work Plan but allowed for under other clauses in
the USAs
• At present SPSA does not have a curbside recycling
service at play in any of the member communities
FebruaryI 2024
BRIEFINGS24
UPDATE
ITEM 66
• Changes at the Portsmouth Naval Yard have made
the financial viability of the waste-to-energy plant
unsound—The facility is closing June 30, 2024
• SPSA is preparing to expand into Cell VII at the
Change Regional Landfill and staff are working to permit
at SPSA: cells vnl & Ix
• SPSA is evaluating alternative methods for the
disposal of waste—higher up on the waste
hierarchy than landfilling
• As part of this process a Request for Information
(RFI)was issued last year
• Almost all responses proposed some type of pre-
screening for recyclables before processing the
Changes at remainder of the waste(largely organics)
SPSA
• An RFP has been released to solicit proposals
(Continued)
• This is expected to have a significant impact on
how we handle recycling and may reduce or
eliminate our need for segregated curbside
recycling
February
25
CITY MA NA I BRIEFINGS
WASTE MANAGEMENT/SPSA
/RECYCLING
UPDATE
Next Steps
• As part of the ongoing annual budget preparation,
staff have submitted these numbers to the Budget
and Management Services department for
inclusion in the FY 2025 budget,for City Council
Next Steps
review
• Staff are prepared to work towards the completion
the RFP process and ensure that the identified
bidder can meet the established legal and contract
requirements before June 30, 2024
February / 2024
26
CITY MANAGER'S BRIEFINGS
WASTE MANAGEMENT/SPSA/RECYCLING UPDATE
ITEM#75266
(Continued)
AW
4 Discussion/Questions
Mayor Dyer expressed his appreciation to Mr. Hanson for the presentation.
February 20, 2024
27
CITY MANAGER'S BRIEFINGS
COLLECTIVE BARGAINING UPDATE
ITEM#75267
2:55 P.M.
Mayor Dyer welcomed Monica Kopin, Co-Director — Human Resources. Ms. Kopin expressed her
appreciation to City Council for their continued support:
MCO
Collective Bargaining
Stacy Hawks,Director of Human Resources—Employee&Labor Relations
Monica Kopin,Director of Human Resources—Talent Acquisition&Workforce Development
February 20,2024
HumanX....
2Lp' Resources
The Ask
How does City Council want to respond to the request to
collectively bargain, as submitted on February 1, 2024 by
IAFF?
February 20, 2024
28
CITY MANAGER'S BRIEFINGS
COLLECTIVE BARGAINING UPDATE
ITEM#7526 7
(Continued)
• State Code Changes Recap
• Virginia Beach: Task Force + Request to Bargain
•Virginia Peers Scan
• Request to Bargain: Potential Paths Forward
• Council Discussion and Direction
State Code Recap
February 20, 2024
29
CITY MANAGER'S BRIEFINGS
COLLECTIVE BARGAINING UPDATE
ITEM#75267
(Continued)
Here are the State Codes:
Virginia Code 40.1-57.2
• Effective May 1, 2021, the General Assembly amended
Virginia Code Section 40.1-57.2 to allow collective bargaining
with specified parameters, and if authorized by local
ordinance or resolution
• Previously, public sector collective bargaining was prohibited
in Virginia
Virginia Code Prohibitions
• Collective Bargaining Agreement(CBA)may not require employee
membership in union
• City may not require employees to pay labor union dues
• CBA provisions may not require City to violate any Virginia Code provisions
including the requirement to have a grievance procedure
• Strikes are still prohibited even if there is a collective bargaining agreement
• An ordinance permitting collective bargaining cannot include provisions that
restrict the Council's authority to establish a budget and appropriate funds
February 20, 2024
30
CITYMANAGER'S BRIEFINGS
COLLECTIVE BARGAINING UPDATE
ITEM#75267
(Continued)
Virginia Beach
Here are the Collective Bargaining Task Force recommendations:
Collective Bargaining Task Force
•Council established a Task Force
•Submitted its recommendations in December 2023
•Task Force recommendations:
• No more than 5 bargaining units (9-2)
•Three Bargaining Topics
• Wages and Benefits(11-0)
• Working Conditions(8-3)
• Grievances(11-0)
February 20, 2024
31
CITY MANAGER'S BRIEFINGS
COLLECTIVE BARGAINING UPDATE
ITEM#75267
(Continued)
Request to Bargain
• City Council must consider if they will authorize
collective bargaining if requested by a majority of the public
employees in a proposed bargaining unit
• Request delivered by IAFF Local 2924 on February 1, 2024
• Representing the Fire and Emergency Medical Services Departments
• City Council must vote on this request no later than May 31, 2024
roEnEa�a», ,s ,
Virginia Peers Scan
Co«ECTI-1-111-
February 20, 2024
32
CITY MANAGER'S BRIEFINGS
COLLECTIVE BARGAINING UPDATE
ITEM#75267
(Continued)
The next several slides provide information on collective bargaining in the surrounding cities:
Information Limitations
•Virginia code does not dictate what topics can be subject to
negotiation, which allows for varied implementation from
locality to locality
• Administering collective bargaining, its associated costs and
resource needs are largely influenced by what is in the final
collective bargaining agreement
•The code change is fairly recent resulting in limited Virginia
peer data being available for analysis and forecasting
Hampton Roads
• Portsmouth MS'
• Approved collective bargaining
• No ordinance or active CBAs
• Norfolk
• Did not approve collective bargaining
• Expanded size of employee committees
• Chesapeake, Hampton, Newport News, and Suffolk have not
taken up the topic
Mc0
February 20, 2024
33
CITY MANAGER'S BRIEFINGS
COLLECTIVE BARGAINING UPDATE
ITEM#75267
(Continued)
Virginia localities with Active Contracts
• Alexandria
• 3 active contracts
•Arlington, Fairfax, and Prince William County
• 2 active contracts
• While still early in their implementation, associated
implementation costs range from $794,000 - $2.4M, which
includes 5 —9 FTEs
Mco
• Full understanding of ongoing costs/needs not fully known at this time
Mco
VB Preliminary Resource Scan
• Pay system modifications
may be needed
Department
Human Resources $225,625 2 FTEs
• Benefit modification/ City Attorney's Office $230,101 2F7Es
implementation Outside Counsel $44,000 -
IT Contracted Resources $400,000
• Policy modification/ Estimated Costs $899,726
oversight
February 20, 2024
34
CITY MANA GER'S BRIEFINGS
COLLECTIVE BARGAINING UPDATE
ITEM#75267
(Continued)
Request to Bargain: Potential Paths Forward
Here are the Potential Paths Forward:
MCO
Potential Paths Forward
• City Council must vote on the request no later than May 31, 2024
• Potential options:
• Vote no to collective bargaining
• Reject collective bargaining request
• Pursue alternative options
• Formalize Meet and Confer
• Expand City employee committees(MAC)
• Vote yes to collective bargaining
• IAFF submitted ordinance
• Alternative ordinance
February 20, 2024
35
CITY MANAGER'S BRIEFINGS
COLLECTIVE BARGAINING UPDATE
ITEM#75267
(Continued)
The Ask
How does City Council want to respond to the
request to collectively bargain, as submitted on
February 1, 2024 by IAFF?
Council Discussion + Direction
Mayor Dyer expressed his appreciation to Ms. Kopin for the presentation.
February 20, 2024
36
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#75268
4:00 P.M.
Vice Mayor Wilson advised she attended the Southside Network Authority(SNA)meeting and the fiber optic
network ring is expected to be complete by the end of July. Vice Mayor Wilson advised this benefits all of
the cities who contributed$5-Million in funding for the project, and the Body should see a cost savings for
the City and School internet service.
Council Member Henley suggested the Body receive a brief on how the public will benefit from the project.
February 20, 2024
37
CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS
ITEM#75269
(Continued)
Council Member Berlucchi advised on February 13`" at approximately 6:15 P.M., Police were notified of
shots fired at the 3200 block of Peele Court in the Scarborough Square neighborhood. There were several
rounds fired with one hitting an 8 year old boy who is fighting for his life right now. Council Member
Berlucchi advised he has spoken to Lynn Henry, President of the Scarborough Square Civic League to
show support. Council Member Berlucchi advised he also spoke to Chief Neudigate who said any violence
involving firearms, especially when directed at children, is a top priority for his Department. Council
Member Berlucchi advised he has confidence and respect for the work the Police are doing on this case
and expressed his thoughts and prayers are with the family and all who are affected.
Council Member Henley expressed her concern and advised the Body must make a concerted effort to
prevent anyone from possessing illegal guns as well as keeping guns out of the hands of juveniles. Council
Member Henley expressed if Chief Neudigate or anyone else has any recommendations on what the Body
can do then the Body should take it seriously and continue focusing on this issue.
Council Member Ross-Hammond advised there will be a fundraiser this weekend for the 8-year old victim.
Council Member Rouse advised the "Landyn Strong"fundraiser will be held at Pups and Pints, located at
2413 London Bridge Road,from 12:00—5:00 P.M.
Council Member Berlucchi advised he wants to credit Chief Neudigate and his Officers for the targeted
and aggressive campaign to arrest and charge anyone dealing with illegal firearms, emphasizing the risk
and dangers Officers face as they continue to address this issue. Council Member Berlucchi suggested if
anyone is interested in learning more about the campaign to visit Chief Neudigate's Twitter page.
Vice Mayor Wilson advised she recently spoke with ChiefNeudigate, and he informed her that over 1,400
illegal firearms were taken off of the streets in 2023. Vice Mayor Wilson also mentioned the Parks After
Dark events and efforts made by the Youth Violence Task Force which included a recommendation for the
Independent Citizens Review Board(ICRB) Coordinator to work with all of the groups involved in youth
violence prevention efforts to collaborate and share information.
February 20, 2024
38
CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS
ITEM#752 70
(Continued)
Council Member Berlucchi advised he attended the Virginia Beach City Public Schools (VBCPS) Official
for the Day event along with Mayor Dyer and Council Members Remick, Rouse and Hutcheson earlier
today. Council Member Berlucchi explained students from all of the High Schools join with professional
and elected public servants to learn more about those roles and more importantly, students shared their
goals for the future. Council Member Berlucchi advised he was very impressed with one of the discussions
about mental health and believes it was one of the most informed, accurate and compassionate
conversations he has had with anyone and believes when this generation is ready to take on leadership
roles, the City will be in good hands.
February 20, 2024
39
CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS
ITEM#752 71
(Continued)
Council Member Wooten advised she was disturbed by an incident that happened on February 15'h to the
Evans family who lives in the Kempsville area. Council Member Wooten advised the family decorated their
yard in celebration of Black History Month and then received a threatening letter, with racial slurs, and
told to take down the decorations. The letter stated it was from a member of the KKK Council Member
Wooten advised the family fears for their safety and has gone to South Carolina. Council Member Wooten
advised this is a diverse City and is disgusted by this despicable act which she has contacted Council
Member Hutcheson and Chief Neudigate about and wants the Evans family to be aware the Police
Department has taken this seriously and are investigating. Council Member Wooten advised she attended
an Asian Alliance meeting which discussed the heightened hate against Asian, Jewish, Black and LGBTQ
communities and emphasized there is no place for such hate in the City.
Council Member Hutcheson expressed this incident is unacceptable and disheartening, especially in 2024,
and cannot be tolerated. Council Member Hutcheson asked people who have never experienced an incident
such as this may brush it off and asked that they imagine what this would feel like and really think about
this issue. Council Member Hutcheson advised he will follow up on this and continue to work with the
community.
Council Member Ross-Hammond advised she was informed about the incident by Council Member Rouse
and expressed that the Body sympathizes with the Evans family.
February 20, 2024
40
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#752 72
(Continued)
Council Member Remick advised he wanted to quickly share the following updates:
- The Old Beach Design Review Board has met four (4) times in the past six (6) months
and shared their concern about the over development in the Old Beach District
- The VB VA250 Committee has established three (3)subcommittees and is working hard
to plan events for America's 250`h celebration in 2026 The Committee will recognize
the City's 60 year history and beyond to recognize significant events such as the Battle
of Kemps Landing
- The 90-Day Festival Task Force began holding meetings last Thursday and Friday led
by the same facilitator who facilitated the recent City Council Retreat and believes
there will be some good recommendations coming soon
- The Short Term Rental Enforcement Task Force has been established and now needs
nominations in order to have members appointed
- During the Open Dialogue session on February 6`h, a speaker requested the right to
skateboard on the Boardwalk and Atlantic Avenue, and the Resort Advisory Committee
(RAC)will discuss this with the Transportation Pedestrian Parking Committee(TPPC)
which is a subcommittee of RAC
- There will be a District 6 Town Hall Meeting tomorrow at 6:30 P.M. at the Museum of
Contemporary Art(MOCA) to discuss the budget and cultural arts
February 20, 2024
41
CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS
ITEM#752 73
(Continued)
Council Member Rouse advised she will be speaking at the District 10 Boys and Girls Club tomorrow,from
4:00-6:00 P.M., located at 1505 McGaughey Way, and will provide parents and guardians awareness of
the programs available.
February 20, 2024
42
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#752 74
(Continued)
Council Member Hutcheson advised the Fire and Rescue Conference is being held this week at the
Convention & Visitors Bureau and tomorrow, Mayor Dyer will give opening remarks. Council Member
Hutcheson invited the Body to stop by and offered to take anyone interested around the Expo open floor
which encompasses all four ballrooms combined and is the longest running conference at the Convention
Center.
February 20, 2024
43
AGENDA REVIEW SESSION
ITEM#75275
4:25 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
L. ORDINANCES I RESOLUTION
1. Ordinance to TRANSFER$25,000from the General Fund Reserve for Contingencies to the FY2023-
24 Department of Cultural Affairs Operating Budget and PROVIDE a grant not to exceed$25,000
to the Virginia Beach Police Foundation re capital repairs to the Law Enforcement Memorial
(Requested by Mayor Dyer)
2. . Ordinance to AMEND the Advertising Advisory Committee membership(Requested by Vice Mayor
Wilson and Council Members Remick and Ross-Hammond)
3. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental
Agreement between the Virginia Department of Agriculture and Consumer Services and the City re
purchase of Agricultural Reserve Program Easements
4. Ordinance to AUTHORIZE the release from escrow to VB One,L.P.of interest collected on a HOME
Program Loan re acquisition and rehabilitation of the Pine Oak Apartments
5. Ordinance to ESTABLISH Capital Project#100670, "Voter Registrar Facility";APPROPRIATE
and TRANSFER$3,188,258 from the General Fund Balance; TRANSFER$11.5-Million from the
General Fund Debt Service; and TRANSFER $2,561,742 from the American Rescue Plan Act
Appropriation (ARPAA) re acquire property and buildout of 500 Studio Drive for the Office of
Voter Registration and Elections Operations
6. Ordinance to APPROPRIATE$719,000 of Fund Balance from the School Site Landscaping Internal
Service Fund to the FY2023-24 Parks and Recreation Operating Budget re replacement of
equipment and vehicles
7. Ordinance to ACCEPT and APPROPRIATE$50,000 from the Virginia Department of Health to the
Consolidated Grant Fund re costs to replace lead water service lines
8. Ordinance to ACCEPT and APPROPRIATE$16,800 from the Virginia Department of Forestry to
the FY 2023-24 Parks and Recreation Operating Budget and to AUTHORIZE an In-Kind Grant
Match within the Parks and Recreation Operating Budget re tree pruning
9. Ordinance to ACCEPT and APPROPRIATE $4,380 from the Virginia Department of Motor
Vehicles to the FY2023-24 Police Department Operating Budget and AUTHORIZE a local grant
match re training in pedestrian and bicycle crash investigations
10. Ordinance to TRANSFER funds within the FY2023-24 Department of Public Utilities Operating
Budget re Water Services Contract and Raw Water Sales Agreement
February 20, 2024
44
AGENDA REVIEW SESSION
ITEM#752 75
(Continued)
11. Ordinance to TRANSFER$360,751 from the General Fund to the FY2023-24 Department of Public
Health Operating Budget re meet the City's required contributions to the FY2023-24 Local
Government Agreement
L. ORDINANCES/RESOLUTION:
COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM V
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
February 20, 2024
45
AGENDA REVIEW SESSION
ITEM#752 75
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
M. PLANNING
1. WADE W. BELL for a Variance to Section 4.4(b) of the Subdivision Regulations re reduce and
reconfigure four(4)lots into three(3)lots at 3957, 3961, 3969 Dawley Road and parcel between
3957&3961 Dawley Road DISTRICT 2
2. BARBARA C. DUFF AND HOYT L. DUFF, H for a Street Closure re approximately 5,751
square feet of an unnamed,unimproved right-of-way adjacent to 2325 Virginia Beach Boulevard
DISTRICT 3
3. VIRGINIA BEACHAVA RE, LLCfor a Street Closure re approximately 813 square feet of an
unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard DISTRICT 3
4. EVERGREEN VIRGINIA L.L.C.for a Street Closure re approximately 2,854 square footportion
of North Lynnhaven Road adjacent to 2865 Virginia Beach Boulevard DISTRICT 3
5. CAR SPA VIRGINIA BEACH I, LLC for a Modification of Conditions to a Conditional Use
Permit re car wash facility expansion at 3282 Holland Road DISTRICT 3
6. C THE JEMS, LLC/JONATHAN PROPERTIES, LLC for a Modification of Pro ers to a
Conditional Rezoning and a Conditional Use Permit re bulk storage yard— tow at 2625 Horse
Pasture Road DISTRICT 5
7. CITY OF VIRGINIA BEACHfor a Change o Zoningfrom R-7.5 Residential to P-1 Preservation
re neighborhood park at 4549 Revere Drive DISTRICT 1
8. THE LAB COMMERCIAL KITCHEN, LLC/BONNEY BROTHERS CORPORATION for a
Conditional Use Permit re bulk storage yard at 405 South Witchduck Road DISTRICT 1
9. ANNA LEAN SALON AND BOUTIQUE, LLC / ROGERS PROPERTIES, LLC for a
Conditional Use Permit re tattoo parlor at 163 7 Independence Boulevard,Suites A&B DISTRICT
9
10. ALLIENA WESTLEIGH / SAW CONTRACTING, INC for a Conditional Use Permit re
residential kennel at 5205 Shore Drive DISTRICT 9(Deferred from January 16, 2024)
M. PLANNING.
ITEM#3 WILL BE CONSIDERED FOR REFERRAL BACK TO PLANNING COMMISSION
ITEM#6 WILL BE CONSIDERED FOR DEFERRAL TO MARCH 5, 2024
February 20, 2024
46
ITEM#752 76
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY HELD PROPERTY: Discussion or consideration of the
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3 711(A)(3).
• District 9
• District 3
LEGAL MATTERS: Consultation with legal counsel employed or
retained by a public body regarding specific legal matters requiring the
provision of legal advice by such counsel pursuant to Section 2.2-
3 711(A)(8).
• Atlantic Park
• Insulin Pricing Litigation
February 20, 2024
47
ITEM#752 76
(Continued)
Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted
to proceed into CLOSED SESSION at 4:32 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 4:32 P.M. — 4:35 P.M.
Closed Session 4:35 P.M. — 5:50 P.M.
February 20, 2024
48
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
FEBRUARY20,2024
6:00 P.M. '
Mayor Dyer called to order the FORMAL SESSION of the 11IRGINL4 BEACH CITY COUNCIL in City
Council Chamber, City Hall, on Tuesday, February 20, 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: Mayor Dyer
MOMENT OF SILENCE
PLEDGE OF ALLEG]ANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
CITY COUNCIL DISCLOSURES:
Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna
Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102,
Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of
Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest
in numerous matters in which she is not personally involved and of which she does not have personal
knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for
each meeting of City Council for the purpose of identifying any matters in which she might have an actual
or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies
a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
February 20, 2024
49
Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC,
("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers
and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters
in which he is not personally involved and has no personal knowledge. In that regard, he is always
concerned about the appearance of impropriety that might arise if he participates in a matter before the
City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that
interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government
Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the
agenda for each meeting of the City Council to identify any matters in which he might have an actual or
potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he
has a "personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will
file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council.
February 20, 2024
50
VI.F
CERTIFICATION
ITEM#75277
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 and Council Member Wooten stepped out during the Atlantic Park discussion due
to a conflict of interest(4:58—5:34 P.M.)
February 20, 2024
a`4G�N�B@Acy
04 G'G�
U
's
e /
5
J OP OUR NP110�
RESOL UTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the
affirmative vote recorded in ITEM#75276 on Page 46 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.
An c a Bbi-nds, IfMc
City Clerk
February 20, 2024
51
ITEM— VI.G.1
MINUTES
ITEM#752 78
Upon motion by Council Member Rouse,seconded by Council Member Remick, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSIONS of February 6,2024
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 20, 2024
52
ITEM— VI.H.1
MAYOR'S PRESENTATION
ITEM#752 79
PROCLAMATION
AFRICAN AMERICAN HERITAGE MONTH
On behalf of Mayor Dyer, Council Member Taylor welcomed Earnest Gregory, a representative for Union
Kempsville, and read the Proclamation declaring February 2023, "AFRICAN AMERICAN HERITA GE
MONTH". Council Member Taylor 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.
Mr. Gregory expressed his appreciation to City Council for this recognition and their continued support
and invited several graduates to express their appreciation and share their experiences while attending
the Princess Anne County Training School and later the Union Kempsville High School.
February 20, 2024
�1r11A BE,q
c
o� y
U
yo ��
OF OUR NATO
Vrodamatton
"*amp Ire first Afiicans in'Virginia were a group of captive enslaved persons originally from modern Angola who landed at Old
Point Comfort in Ifampton, Virginia in 1619;and
%4erear. One of the first schools forAfiican American students was established in 1868;and
Wfrertas: In 1911,there was not a.7Crgh School to educate coloredchiddren in PrincessAnne County(PACE-and
4M4er=- In August 1926,a deedwas made between WafterKjamp andDehah Kemp to the trustees of the PAC TrainingSchoof
Association for the purchase of four acres of landfor$1200.00;and
' fwnas: In Eebruary 1930, the committee for the CoforedSchoofGeagues met with the MCSchoofBoardand the property as
purehasedfor the schoolsire;and
%Aere= In Aprif1930,after extensive discussions,the constructing of a Training SchoofforNegros in OincessAnne County was
accepted and
Wfirrus. In 1933,at the endof the school term,no approvalwas receivedfrom the SchoofBoardfor the construction of a high school
for Negros.The Training SchoolAssociation decided to estab&fi grades P and9th at the already esta6lished union
9pmpsvifle Schoollocated at the Smith Corner Church,grades 10 through 12 were added later,and
50e►eas. In 1936,The'Works(Progress Uministration gave a grant of$14,000 to construct the school The cost to construct the
school was$22,000.00.?Fie remaining funds were raised 6y the PAC Training 4ssociation;and
"*em". In 1938, thefirst Negro Yfigh Schoofgraduatesgraduatedfrom Vnion Baptist Church,P4CTSchoofopenedits doors in the
fall of 1938;and
'W14ertax In June 1941,PrincessAnne County Training was accreditedas an .A"9figh School6y the'Virginia Department of
Education;and
'G hemm. The class of 1962 was the first classgradatedat Vnion Tempsviffe Yligh schoolafter the change;and
'Gtiereas. In 1969, Anion?pmpsvilfe lfigh School had its last graduating class.The only Black7fistoric 7figh Schoofin the City of
Virginia Beach was cfoseddue to integration.
Now,?fiertfm I,Wilbert 9K. Bobby"Dyer,9Kayor of the City of Virginia Beach,Virginia,do here6y proclaim.•
February 2024
AfytcanAmerican-feritage Mmth
In'D�Beach,I calfupon allcitizens,government agencies,public andprivate institutions, businesses,andschoods in'Virginia
Beach to join us in celebrating art and its relationship with justice.Art plays a role in communicating emotions, 6ui(ding community,
and inspiring action.
In WW nw Whemof,I have hereunto set my hand and caused the OffidafSeaf of the City of Virginia Beach,Virginia,to be affixed this
Twentieth Day of Te6ruary,Two ThousandandTwenty-Tour
Wgbert 914. "Bobby"(Dyer
Wayor
53
ITEM— VLLI
BID OPENING
ITEM#75280
Mayor Dyer DECLARED A BID OPENING:
MANAGEMENT OF CITY PROPERTY
2044 Landstown Centre Way
Mayor Dyer read into the record:
"Pursuant to Virginia Code Section 15.2-2101(B), the Chair will now open the bids received for the Bids
for Management of City Property known as the Sportsplex and Field Hockey Complex. The bid has been
marked for identification by Micheal Kirschman as required by statute.
Bid received on February 19, 2024 at 8:05 am from SPORTSPLEX MANAGEMENT, LLC.
The Chair will read a summary of the bid received at the City Council Meeting on March 5, 2024".
February 20, 2024
54
ITEM— VI.JI
PUBLIC HEARING
ITEM#7528I
Mayor Dyer DECLARED a PUBLIC HEARING:
DECLARA TION AND SALE OF EXCESS CITY PROPERTY
Located at the intersection of Ferry Point Road and Indian River Road
There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING
February 20, 2024
SS
ITEM— VI.I.1
FORMAL SESSION AGENDA
ITEM#75282
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:
Wesley Coons, 316 Office Square Lane, Phone: 478-5618, did not respond
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED,
BY CONSENT,Agenda Items Ordinances/Resolution L: 1, 2, 3, 6, 7, 8, 9, 10 and 11 and Planning M.
1, 2, 3 (REFERRED TO PLANNING COMMISSION), 4, 5, 6 (DEFERRED TO MARCH S, 2024), 7,
8, 9, and 10
Voting: I1-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
L. ORDINANCES I RESOLUTION.
COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM#1
ITEM#4 WILL BE CONSIDERED SEPARATELY
ITEM#S WILL BE CONSIDERED SEPARATELY
February 20, 2024
56
ITEM— VI.L.I
ORDINANCESIRESOL UTION
ITEM#75283
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED,
BY CONSENT, Ordinance to TRANSFER$25,000 from the General Fund Reserve for Contingencies to
the FY2023-24 Department of Cultural Affairs Operating Budget and PROVIDE a grant not to exceed
$25,000 to the Virginia Beach Police Foundation re capital repairs to the Law Enforcement Memorial
(Requested by Mayor Dyer)
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 Vice
Mayor Rosemary Wilson
Council Members Abstaining:
Sabrina D. Wooten
Council Members Absent:
None
February 20, 2024
REQUESTED BY MAYOR DYER
1 AN ORDINANCE TO TRANSFER $25,000 FROM THE
2 GENERAL FUND RESERVE FOR CONTINGENCIES TO
3 THE DEPARTMENT OF CULTURAL AFFAIRS AND TO
4 PROVIDE A ONE-TIME GRANT TO THE VIRGINIA
5 BEACH POLICE FOUNDATION FOR CAPITAL
6 MAINTENANCE OF THE LAW ENFORCEMENT
7 MEMORIAL
8
9 WHEREAS, the City Council approved the material terms of a memorandum of
10 understanding ("MOU") in January 2012, and the MOU governs the City and Virginia Beach
11 Police Foundation (the"Foundation") responsibilities for the Law Enforcement Memorial(the
12 "Memorial), which is located at 35t" Street at the Oceanfront;
13
14 WHEREAS, the MOU provides the City is responsible for day-to-day maintenance of
15 the Memorial, and the Foundation is responsible for capital and enhanced maintenance;
16
17 WHEREAS, notwithstanding the MOU, the Foundation has requested the City provide
18 financial assistance for capital repairs for the Memorial;
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA, THAT:
22
23 $25,000 is hereby transferred from the General Fund Reserve for Contingencies to
24 the FY 2023-24 Operating Budget of Cultural Affairs, and a one-time grant in the amount
25 equal to the actual costs of the repairs but not to exceed $25,000 is hereby authorized to
26 the Virginia Beach Police Foundation for capital repairs to the Law Enforcement Memorial.
Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t h day
of February , 2024.
APPROVED AS TO LEGAL SUFFICIENCY:
i orney's Office
CA16422
R-2
February 14, 2024
G1NI'-$EAc
City of Virginia Beach
OF OUR NXVXO
February 20, 2024 VBgov.com
Sabrina D.Wooten CELL:(757)797-5625
Council Member P.O.Box 6665
District 1-Centerville VIRGINIA BEACH,VA 23456
EMAIL:swooten@vbgov.com
Refer to File No. 0086723
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on the ordinance to transfer $25,000 from the General Fund Reserve for
Contingencies to the FY 23-24 Department of Cultural Affairs Operating Budget
and provide a grant not to exceed$25,000 to the Virginia Beach Police Foundation
for capital repairs to the Law Enforcement Memorial.
2. The Police Foundation has disclosed that TowneBank is a service provider with
respect to this transaction. I have business dealings with TowneBank, which is
located at 600 22na Street in Virginia Beach.
3. I will abstain from voting on this matter.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
Sabrina D. Wooten
Councilmember
SDW/RRI
57
ITEM— VI.L.2
ORDINANCESIRESOL UTIONS
ITEM#75284
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED,
BY CONSENT, Ordinance to AMEND the Advertising Advisory Committee membership (Requested by
Vice Mayor Wilson and Council Members Remick and Ross-Hammond)
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 20, 2024
REQUESTED BY VICE MAYOR WILSON AND 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 2 0 t h day of
69 February , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Convention & Visitors Bureau City Attorney's Office
CA16019
R-4
February 9, 2024
2
58
ITEM— VI.L.3
ORDINANCESIRESOL UTIONS
ITEM#75285
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED,
BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an
Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and
the City repurchase of Agricultural Reserve Program Easements
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 20, 2024
1 A RESOLUTION AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO EXECUTE AN
3 INTERGOVERNMENTAL AGREEMENT BETWEEN
4 THE VIRGINIA DEPARTMENT OF AGRICULTURE
5 AND CONSUMER SERVICES AND THE CITY OF
6 VIRGINIA BEACH REGARDING THE PURCHASE OF
7 AGRICULTURAL RESERVE PROGRAM EASEMENTS
8
9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands
10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve
11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands
12 within the City;
13
14 WHEREAS, since its inception of the ARP, approximately 10,518 acres of land
15 have been placed under easements restricting development of the land to agricultural
16 uses;
17
18 WHEREAS, the General Assembly, by Chapter 2 of the 2023 Special Session 1
19 Acts of Assembly, appropriated $875,000.00 in the fiscal year ending June 30, 2024 to
20 the Virginia Department of Agriculture and Consumer Services ("VDACS") for the
21 continuation of a state fund to match local governmental purchases of development
22 rights program funds for the preservation of working farms and forest lands;
23
24 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS' Office
25 of Farmland Preservation to develop methods and sources of revenue for allocating
26 funds to localities to purchase agricultural conservation easements;
27
28 WHEREAS, VDACS has determined that the City is eligible to receive
29 contributions of funds from VDACS in reimbursement for certain costs the City will incur
30 in the course of purchasing ARP easements;
31
32 WHEREAS, the City and VDACS desire to enter into an agreement wherein
33 VDACS will agree to reimburse the City for certain costs incurred by the City in the
34 course of purchasing ARP easements, up to a cumulative maximum amount of
35 $165,400.00 for a period of two (2) years from the date of the agreement;
36
37 WHEREAS, a copy of the proposed agreement between the City and VDACS,
38 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and
39 Consumer Services and The City of Virginia Beach," dated December 31, 2023 (the
40 "Agreement"), is on file in the City Clerk's Office;
41
42 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as
43 Exhibit A; and
44
45 WHEREAS, the City Council finds that the terms of the said Agreement are fair
46 and reasonable and would be of significant benefit to the City and its citizens by
47 providing an additional source of funds for the purchase of ARP easements.
48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
49 OF VIRGINIA BEACH:
50
51 That the City Manager is hereby authorized and directed to execute the
52 Intergovernmental Agreement between the Virginia Department of Agriculture and
53 Consumer Services and the City of Virginia Beach, dated December 31, 2023, so long
54 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit
55 A and incorporated herein, and such other terms, conditions, or modifications as may be
56 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney,
57 and to take such measures as are necessary or advisable to implement the Agreement.
58
59 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
60 VIRGINIA BEACH:
61
62 That the City Council hereby expresses its appreciation to the Governor, the
63 General Assembly and the Virginia Department of Agriculture and Consumer Services
64 for their continued commitment to the preservation of agriculture within the
65 Commonwealth of Virginia and the City of Virginia Beach.
66
67 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day
68 of February , 2024.
Approved as to Content: Approved as to Legal Sufficiency:
-_j kaGL i, / ovJ
Dept. of Agriculture City Attorney
CA16269
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R-1
February 5, 2024
EXHIBIT A
Summary of Terms
Intergovernmental Agreement between Virginia Department of Agriculture and
Consumer Services and the City of Virginia Beach (the "Agreement")
Parties:
The City of Virginia Beach (the "City") and the Virginia Department of Agriculture
and Consumer Services ("VDACS").
Background:
Since 2008, the City has been approved to receive a total of $2,384,012.95 from
VDACS for reimbursement of costs associated with purchasing easements under
the City's Agricultural Reserve Program ("ARP"), as follows:
6/24/08 — $ 403,219.75
1/27/09 — 49,900.00
2/23/10 — 93,932.19
2/22/11 — 12,500.00
6/14/11 — 54,247.37
1/24/12 — 110,952.46
1/22/13 — 160,715.64
3/11/14 — 149,678.46
2/24/15 — 286,983.46
2/02/16 — 411,890.87
2/07/17 - 86,950.00
2/20/18 - 61,615.23
6/6/19 - 111,618.52
2/18/20 - 58,333.00
4/19/22 - 156,476.00
2/21/23 - 175,000.00
City is now eligible to receive an additional $165,400.00 in VDACS funds.
VDACS Responsibilities:
VDACS will reimburse the City for certain costs of purchasing ARP easements.
The maximum amount in new funding over the next two years is $165,400.00
under the Agreement.
Reimbursable items include:
• cost of Treasury STRIPS acquired to purchase the easement
• title insurance
• appraisals
• physical surveys
• reasonable attorney's fees
• public notices
• recordation fees
Maximum reimbursement for a single purchase is equal to 50% of the sum of the
amounts actually paid by the City for the purchase price of the easement and
reimbursable costs.
City of Virginia Beach Responsibilities:
• Obtain title insurance on City's purchased interest that covers an amount
at least equal to the amount for which City requests reimbursement from
VDACS.
• Utilize state funds to further protect agricultural lands by purchasing
development rights.
• Submit an annual progress report to VDACS each year that the
Agreement is in effect to: (i) describe any prospective properties and the
status of any negotiations; (ii) provide estimated timeframes for execution
of purchase agreements; (iii) describe City's public outreach program
designed to educate various stakeholders; (iv) describe City's
development and maintenance of a monitoring program; and (v) describe
how City is continually evaluating the effectiveness of the ARP program.
• Enforce terms of each ARP easement.
• If City sells development rights back to the property owner, City must
reimburse VDACS in an amount proportional to the VDACS contribution
toward the total reimbursable cost of acquiring the ARP easement.
• Within 30 days of execution of the Agreement, City shall have available
local funds greater than or equal to the allocation amount for the purpose
of purchasing ARP easements.
Duration and Termination:
• Term is two years from the date of the Agreement (December 31, 2023
through December 31, 2025).
• City may be recertified as eligible for future funding, but not guaranteed.
• The Agreement may be terminated if the City fails to perform any of its
obligations under the terms of the Agreement.
• If the City fails to allocate the spending of the funds within the two year
time period, monies will then be redistributed to other Purchase of
Development Rights programs.
2
59
ITEM— VI.L.4
ORDINANCESIRESOL UTIONS
ITEM#75286
The following registered to speak.-
Daniel Heatwole, 473-8575, spoke in SUPPORT
Upon motion by Council Member Berlucchi, seconded by Vice Mayor Wilson, City Council ADOPTED
Ordinance to AUTHORIZE the release from escrow to VB One, L.P. of interest collected on a HOME
Program Loan re acquisition and rehabilitation of the Pine Oak Apartments
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, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Abstaining:
Chris Taylor—due to having previously been employed by Ripley Heatwole
as a Property Manager
Council Members Absent:
None
February 20, 2024
I AN ORDINANCE AUTHORIZING THE
2 RELEASE FROM ESCROW TO VB ONE,
3 L.P. OF INTEREST COLLECTED ON A
4 HOME PROGRAM LOAN
5
6 WHEREAS, On September 12, 2000, City Council adopted an Ordinance (ORD-
7 2613F) (the "2000 Ordinance") approving an interest-free $700,000 loan (the "Loan") of
8 HOME funds to VB One, L.P., a Virginia limited partnership ("VB One"). The purpose of
9 the Loan was to assist VB One's acquisition and rehabilitation of the Pine Oak
10 Apartments (now known as Thalia Landing Apartments), including the establishment of
11 at least twenty low-income units (the "Project");
12
13 WHEREAS, while the express language of the 2000 Ordinance provided that the
14 Loan was to be interest-free, during the negotiation and documentation process of the
15 Loan, at the request of an attorney assisting VB One in a related tax credit portion of the
16 Project, an interest rate of 6.09% was inserted into the executed promissory note and
17 HOME Loan agreement;
18
19 WHEREAS, when VB One approached the City to payoff the loan in 2017, City
20 staff and VB One could not agree on whether interest was owed on the $700,000, and
21 rather than delay repayment, agreed that VB One would pay the City the $700,000 in
22 principal and the accrued interest of $1,131,430.40 (the "Interest") was placed into
23 escrow;
24
25 WHEREAS, VB One has requested that City Council agree to release the
26 Interest held in escrow to VB One as the September 2000 contemplated only repaying
27 $700,000 in principal; and
28
29 WHEREAS, as the 2000 Ordinance contemplated that the Loan would be
30 interest-free, City Council is of the opinion that releasing the Interest held in escrow to
31 VB One would be appropriate and consistent with the intent of the 2000 Ordinance;
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35
36 That the City Manager is hereby authorized to execute any and all documents
37 necessary to authorize the release of the accumulated interest funds being held in
38 escrow to VB One, so long as they are in accordance with the transaction contemplated
39 herein, and such other terms, conditions and modifications as may be acceptable to the
40 City Manager and in a form deemed satisfactory by the City Attorney.
41
42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day
43 of February , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Z�� "L_
Dept. of Housing & Neighborhood City Attorney
Preservation
CA16270
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2/8/24
60
ITEM— VI.L.5
ORDINANCESIRESOL UTIONS
ITEM#7528 7
The following registered to speak.-
Al Ablowich, 4176 Cherry Neck Road,Phone: 418-2972, spoke in SUPPORT
Lance Lesher, 808 Prince Phillip Drive, Phone: 615-6036, spoke in SUPPORT
John Perryman, 2816 Energy Drive, Phone: 410-610-7591, spoke in SUPPORT
Maurice Hawkins, 1329 Sierra Drive, Phone: 739-6289, spoke in SUPPORT
Susan Potter, 613 Nicklaus Court, Phone: 335-3909, spoke in SUPPORT Tina Sinnen
The Honorable Tina Sinnen, 385-8817, spoke in SUPPORT
Upon motion by Council Member Remick, seconded by Council Member Schulman, City Council
ADOPTED Ordinance to ESTABLISH Capital Project #100670, "Voter Registrar Facility";
APPROPRL4TE and TRANSFER $3,188,258 from the General Fund Balance; TRANSFER $11.5-
Million from the General Fund Debt Service;and TRANSFER$2,561,742 from the American Rescue Plan
Act Appropriation (ARPAA) reacquire property and buildout of 500 Studio Drive for the Office of Voter
Registration and Elections Operations
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 20, 2024
1 AN ORDINANCE TO 1) ESTABLISH CAPITAL PROJECT
2 #100670, "VOTER REGISTRAR FACILITY," 2)
3 APPROPRIATE AND TRANSFER $3,188,258 FROM THE
4 FUND BALANCE OF THE GENERAL FUND, 3) TRANSFER
5 $11,500,000 FROM GENERAL FUND DEBT SERVICE, AND
6 4)TRANSFER$2,561,742 FROM THE AMERICAN RESCUE
7 PLAN ACT APPROPRIATION TO ACQUIRE PROPERTY
8 AND BUILDOUT OF 500 STUDIO DRIVE FOR THE OFFICE
9 OF VOTER REGISTRATION AND ELECTIONS
10 OPERATIONS
11
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
13 VIRGINIA, THAT:
14
15 1) Capital Project #100670, "Voter Registrar Facility," is hereby established in the
16 City's Capital Improvement Program. The Project Page is attached hereto.
17
18 2) $3,188,258 is hereby appropriated from the fund balance of the General Fund,
19 with revenues increased accordingly, and transferred to Capital Project #100670.
20
21 3) $11,500,000 is hereby transferred from debt service in the General Fund to
22 Capital Project #100670.
23
24 4) $2,561,742 is hereby transferred from the American Rescue Plan Act
25 Appropriation to Capital Project #100670.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of
February , 2024.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
B dget and Management Services "City torney's Office
CA16419
R-1
February 7, 2024
61
ITEM— VLL.6
ORDINANCESIRESOL UTIONS
ITEM#75288
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED,
BY CONSENT, Ordinance to APPROPRIATE $719,000 of Fund Balance from the School Site
Landscaping Internal Service Fund to the FY2023-24 Parks and Recreation Operating Budget re
replacement of equipment and vehicles
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 20, 2024
1 AN ORDINANCE TO APPROPRIATE $719,000 OF FUND
2 BALANCE FROM THE LANDSCAPING INTERNAL
3 SERVICE FUND FOR THE PURCHASE OF EQUIPMENT
4 AND VEHICLES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $719,000 is hereby appropriated, with revenue increased accordingly, from the
10 School Site Landscaping Internal Service Fund to the Operating Budget of the
11 Department of Parks and Recreation for the replacement of equipment and vehicles.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day
Of February , 2024.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City orney's Office
CA16414
R-1
February 7, 2024
62
ITEM— VI.L.7
ORDINANCESIRESOL UTIONS
ITEM#75289
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $50,000 from the Virginia Department of
Health to the Consolidated Grant Fund re costs to replace lead water service lines
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 20, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS TO SUPPORT SAFE DRINKING WATER
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, THAT:
6
7 $50,000 is hereby accepted from the Virginia Department of Health and
8 appropriated, with federal revenues increased accordingly,to the Consolidated Grant Fund
9 for costs to replace lead water service lines.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20 th day
of February , 2024.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services Ci - orney's Office
CA 16417
R-1
February 7, 2024
63
ITEM— VI.L.8
ORDINANCESIRESOL UTIONS
ITEM#75290
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$16,800 from the Virginia Department of
Forestry to the FY 2023-24 Parks and Recreation Operating Budget and to AUTHORIZE an In-Kind
Grant Match within the Parks and Recreation Operating Budget re tree priming
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 20, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS FOR TREE PRUNING AND TO
3 AUTHORIZE AN IN-KIND GRANT MATCH
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1 . $16,800 is hereby accepted from the Virginia Department of Forestry and
9 appropriated, with revenue from the Commonwealth increased accordingly, to
10 the FY 2023-24 Operating Budget of the Department of Parks and Recreation
11 for tree pruning.
12
13 2. An in-kind grant match is hereby authorized within the Operating Budget of the
14 Department of Parks and Recreation.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day
of February , 2024.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
w
Budget and Management Services Cit orney's Office
CA16413
R-1
February 7, 2024
64
ITEM— VI.L.9
ORDINANCESIRESOL UTIONS
ITEM#75291
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $4,380 from the Virginia Department of
Motor Vehicles to the FY2023-24 Police Department Operating Budget and AUTHORIZE a local grant
match re training in pedestrian and bicycle crash investigations
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 20, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS FOR POLICE TRAINING AND TO
3 AUTHORIZE A LOCAL GRANT MATCH
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT-
7
8 $4,380 is hereby accepted from the Virginia Department of Motor Vehicles and
9 appropriated, with revenue from the Commonwealth increased accordingly, to the FY
10 2023-24 Operating Budget of the Police Department for training in pedestrian and bicycle
11 crash investigations. A local match is hereby authorized from existing in-kind resources.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day
Of February , 2024.
Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City me s Office
CA16418
R-1
February 7, 2024
65
ITEM— VI.L10
ORDINANCESIRESOL UTIONS
ITEM#75292
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED,
BY CONSENT, Ordinance to TRANSFER funds within the FY2023-24 Department of Public Utilities
Operating Budget re Water Services Contract and Raw Water Sales Agreement
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 20, 2024
1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE
2 DEPARTMENT OF PUBLIC UTILITIES FOR THE WATER
3 SERVICES CONTRACT AND RAW WATER SALES
4 AGREEMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1) $1,853,903 is hereby transferred from personnel accounts to the operating accounts
10 of the FY 2023-24 Operating Budget of Public Utilities.
11
12 2) $1,096,097 is hereby transferred from regular reserve accounts to the operating
13 accounts of the FY 2023-24 Operating Budget of Public Utilities.
14
15 3) $400,000 is hereby transferred from dedicated energy reserve account to the
16 operating accounts of the FY 2023-24 Operating Budget of Public Utilities.
17
18 4) $250,000 is hereby transferred from the Pay-as-You-Go reserve account to the
19 operating accounts of the FY 2023-24 Operating Budget of Public Utilities.
Adopted by the Council of the City of Virginia Beach, Virginia on the loth day
of February 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services Cit orney's Office
CA16416
R-1
February 7, 2024
66
ITEM— VI.L II
ORDINANCESIRESOL UTIONS
ITEM#75293
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED,
BYCONSENT,Ordinance to TRANSFER$360,751 from the General Fund to the FY2023-24 Department
of Public Health Operating Budget re meet the City's required contributions to the FY2023-24 Local
Government Agreement
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 20, 2024
1 AN ORDINANCE TO TRANSFER $360,751 WITHIN
2 THE GENERAL FUND TO MEET OBLIGATIONS
3 ESTABLISHED IN THE DEPARTMENT OF PUBLIC
4 HEALTH'S LOCAL GOVERNMENT AGREEMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $360,751 of vacancy savings is hereby transferred within the General Fund to the
10 FY 2023-24 Operating Budget of the Department of Public Health to meet the City's
11 required contributions to the FY 2023-24 Local Government Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day
of February , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City"" orney's Office
CA16415
R-1
February 7, 2024
67
ITEM— VIM.]
PLANNING ITEMS
ITEM#75294
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of WADE W. BELL for a Variance to
Section 4.4(b)of the Subdivision Regulations re reduce and reconfigure four(4)lots into three(3)lots at
3957, 3961, 3969 Dawley Road and parcel between 3957& 3961 Dawley Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WADE W. BELL for a Variance to Section 4.4(b) of the Subdivision
Regulations re reduce and reconfigure four(4)lots into three (3) lots at
3957, 3961, 3969 Dawley Road and parcel between 3957& 3961 Dawley
Road (GPINs 2411277361, 2411278385, 2411278241, 2411278120)
DISTRICT 2
The following conditions shall be required:
1. When redeveloped, a maximum of one(1)dwelling unit shall be permitted on each lot. The
architectural design of any new dwelling shall reflect the recommendations found in the
Rural Area Design Guidelines.
2. Construction of new single-family dwellings shall meet the minimum required building
setbacks on each lot.
3. Approval from the Virginia Beach Department of Public Health Department shall be
required for development on each lot.
4. The 50 foot wide, vegetative buffer set forth in the Rural Area Development Guidelines of
the Comprehensive Plan shall be required along property lines abutting agricultural
operations.
5. A subdivision plat shall be required to be recorded prior to release of the first building
permit. The lots shall be in substantial conformance with the conceptual subdivision plan
entitled "Re-Subdivision Exhibit of Property Owned by Wade W. Bell", dated October 23,
2023, and prepared by Parrish Layne Design Group, a copy of which has been exhibited
to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning and are incorporated herein by this reference.
This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 200 day of February Two
Thousand Twenty Four.
February 20, 2024
68
ITEM— VI.M.1
PLANNING ITEMS
ITEM#752 94
(Continued)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
February 20, 2024
t /
f
m
0
AG2 AG2
a�
s AG2 AG2
r
AG2
/1
Wade W. Bell N
Site 3957, 3961 , 3969 Dawley Road, & parcel between 3957 & W E
®
-- Property_Polygons 3961 Dawley Road s
Q Zoning Feet
Building 0 1530 60 90 120 150 180
69
ITEM— VI.M.2
PLANNING ITEMS
ITEM#75295
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
APPROVED,AS CONDITIONED,BY CONSENT, application of BARBARA C.DUFF AND HOYT L.
DUFF,H for a Street Closure re approximately 5,751 square feet of an unnamed, unimproved right-of-
way adjacent to 2325 Virginia Beach Boulevard DISTRICT 3
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BARBARA C. DUFF AND HOYT L. DUFF, Hfor a Street Closure re
approximately 5,751 square feet of an unnamed, unimproved right-of-
way adjacent to 2325 Virginia Beach Boulevard (GPINs 1497958048,
2407050086) DISTRICT 3
The following conditions shall be required:
1. The City Attorney's Office shall make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council.
2. The Applicants, or the Applicants'successors and assigns, shall resubdivide the property
and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lots. The
resub division plat must be submitted and approved for recordation prior to the final street
closure approval.
3. The Applicants,or the Applicants'successors and assigns,shall verb that no other private
utilities exist within the Right-of-Way proposed for closure. If other private utilities do
exist, an easement satisfactory to the appropriate utility company must be provided.
4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council. If the conditions noted above are
not accomplished and the final plat is not approved for recordation within one year of the
City Council vote to close the rights-of-way this approval shall be considered null and
void.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20h day of February Two
Thousand Twenty Four.
February 20, 2024
70
ITEM— VI.M.2
PLANNING ITEMS
ITEM#75295
(Continued)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
February 20, 2024
1 ORDINANCE APPROVING APPLICATION OF BARBARA
2 C. DUFF AND HOYT L. DUFF, II FOR THE CLOSURE OF
3 APPROXIMATELY 5,751 SQ. FT. PORTION OF AN
4 UNNAMED, UNIMPROVED RIGHT-OF-WAY ADJACENT
5 TO 2325 VIRGINIA BEACH BLVD.
6
7 WHEREAS, Barbara C. Duff and Hoyt L. Duff, II (the "Applicants"), applied to the
8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion
9 of an unnamed, unimproved right-of-way discontinued, closed, and vacated; and
10
11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be
12 discontinued, closed, and vacated, subject to certain conditions having been met on or
13 before one (1) year from City Council's adoption of this Ordinance.
14
15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
16 Beach, Virginia:
17
18 SECTION 1
19
20 That the hereinafter described portion of unimproved right-of-way (the "Right-of-
21 Way") be discontinued, closed and vacated, subject to certain conditions being met on
22 or before one (1) year from City Council's adoption of this ordinance:
23
24 ALL THAT certain piece or parcel of land situate, lying and
25 being in the City of Virginia Beach, Virginia, designated and
26 described as "DENOTES AREA OF PROPOSED STREET
27 CLOSURE FOR BARBARA C. DUFF & HOYT L. DUFF, II
28 AREA = APPROXIMATELY 5,751 S.F. OR 0.132 AC.", and
29 shown as the hatched area on that certain street closure
30 exhibit entitled: "STREET CLOSURE EXHIBIT OF 6,564
31 S.F. PORTION OF UNNAMED UNIMPROVED 30' RIGHT-
32 OF-WAY ON PLAN OF LOTS FOR B.F. OWENS (M.B. 6, P.
33 271) VIRGINIA BEACH", Scale: 1" = 30', dated December 8,
34 2023, prepared by Gaddy Engineering Services, LLC, a copy
35 of which is attached hereto as Exhibit A.
36
37 SECTION II
38
39 The following conditions must be met on or before one (1) year from City
40 Council's adoption of this ordinance:
41
42 No GPIN Assigned (City Right-of-Way)
43 Adjacent GPINs: 1497-95-8048, 1495-95-9058,
44 1497-95-9041 and 1497-94-9917
45 1. The City Attorney's Office shall make the final determination regarding
46 ownership of the underlying fee. The purchase price to be paid to the City shall be
47 determined according to the "Policy Regarding Purchase of City's Interest in Streets
48 Pursuant to Street Closures," approved by City Council.
49
50 2. The Applicants, or the Applicants' successors and assigns, shall
51 resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way
52 into the adjoining lots. The resubdivision plat must be submitted and approved for
53 recordation prior to the final street closure approval.
54
55 3. The Applicants, or the Applicants' successors and assigns, shall verify that
56 no other private utilities exist within the Right-of-Way proposed for closure. If other
57 private utilities do exist, an easement satisfactory to the appropriate utility company
58 must be provided.
59
60 4. Closure of the Right-of-Way shall be contingent upon compliance with the
61 above stated conditions within 365 days of approval by City Council. If the conditions
62 noted above are not accomplished and the final plat is not approved for recordation
63 within one year of the City Council vote to close the rights-of-way this approval shall be
64 considered null and void.
65
66 SECTION III
67
68 1. If the preceding conditions are not fulfilled on or before February 19, 2025,
69 this Ordinance will be deemed null and void without further action by the City Council.
70
71 2. If all conditions are met on or before February 19, 2025, the date of final
72 closure is the date the street closure ordinance is recorded by the City Attorney.
73
74 3. In the event the City of Virginia Beach has any interest in the underlying
75 fee, the City Manager or his designee is authorized to execute whatever documents, if
76 any, that may be requested to convey such interest, provided said documents are
77 approved by the City Attorney's Office.
78
79 SECTION IV
80
81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
83 VIRGINIA BEACH (as "Grantor") and BARBARA C. DUFF and HOYT L. DUFF, II (as
84 "Grantee").
85
86 Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day
87 of February . 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Planning Department City Attorne
CA16251
\\vbg ov.com\dfs 1\a ppl icatio ns\citylaw\cycom32\wpdocs\d026\p038\00740843.doc
R-1
February 6, 2024
EXHIBIT A
NOTE
DENOTES AREA OF PROPOSED STREET CLOSURE THIS EXHIBIT IS INTENDED TO SHOW THE AREA
OF PROPOSED RIGHT-OF-WAY CLOSURE AND IS
FOR BARBARA C. DUFF & HOYT L. DUFF, II NOT INTENDED FOR ANY OTHER PURPOSE
F71AREA=APPROXIMATELY
5,751 S.F. OR 0.132 AC. V/RG/N/A BEACHBOULEVAR�
TOTAL AREA PROPOSED FOR CLOSURE:
(ROUTE 58J(VARIABL E WIDTH RIGHT OF -9 3,
APPROXIMATELY 6 564 S.F. OR 0.151 AC. (STATEHIGHwAYPR0JECToa5a->34->o>>PE-90>,C-50R�W203
Z
g81°41'03"E 71.14' FIELD L=30.05' P/N(FJ L=74.43'
L=2.94' R=285.00' R=315.00'
R=285.00'
L=15.37' I w
R=285.00' Q o
I �zz
¢ow
Z Q Z
0
boo
0
0 REMAINDER OF 0 T 9 REMAINDER OF 0T 5
W (Mg 6PG.271) (M.B. 6PG.271)
LOT':4'• GP/N.-1497-95-9058 GPM>497-95-9088
LOT-B„ o 1100000
I i
Lu
lot
/V w N
00 ��
iA'�m ca 00 REM /NDEROFLOTS2--9Lin
ti � Jm N &R AINDIEFOFL0T25
SARBARA DUFF
LO
0 REMA/NDER OFPARCEL A zo (INSTR.#202100006277)
LO (D.B.328PG.595) in
Z IVFLO AREA.,27,424 S.F. OR
o
BARBARA DUFF "T REMA/NDER OFL OT 7 0.930AC.
(INSTR.#20031211020598,9) Z (U.S.6PG.271)
GRIN.-1497-95-8048 GPIM 1497-95-9041
AREA.•12,934 S.F. OR
0.297AC.
N86038'33"W
15.31'
REMA/NDER OF OT 8
FIN(F) (MS..6PG.271)
GPIN•1497-94-9917
P/N(FJ N86°38'33"W PLATS !� S62°58'06"W �PLTH 0 I�
66 lF1ELDl75'p0 ( 7- 0 20.17'
O
LO 7V/RGIN/A BEACHAVA RE,LLC `i55
(INSTR.#2020 0 7020 0 0575 19 0) Z �OR � P�12p11 U MICHAEL S.GA Y 9
GP/N-1497-95-4001
6NJ V'F Lic. No. 3255
DENOTES AREA OF PROPOSED 2 � 1' ' 12/08/2023
STREET CLOSURE FOR VIRGINIA BEACH P'(� (j� R�0�3p'1p1 1
AVA RE, LLC AREA=APPROXIMATELY
Q��opbQ,
813 S.F. OR 0.019 AC. w`��(,� P��� 0, S U Rv
STREET CLOSURE EXHIBIT OF \�G IJPPR GADDY ENGINEERING SERVICES, LLC
6,564 S.F. PORTION OF J qP MICHAEL S. GADDY, PE, LS
UNNAMED UNIMPROVED 30' RIGHT-OF-WAY 0 l5 30 60 757-289-5933
ON PLAN OF LOTS FOR 508 N. BIRDNECK RD., SUITE D
B.F. OWENS (M.B. 6, P. 271) VIRGINIA BEACH,VA, 23451
VIRGINIA BEACH, VIRGINIA 1" = 30'
-----------------
Virginia Beach-to
ulevard
B2
N
Site
Property Polygons Barbara C. Duff & Hoyt L. Duff, II, Virginia Beach AVA RE, LLC W. , .F
Zoning 2325 Virginia Beach Boulevard S
Building
Feet
012.55 50 75 100 125 150
71
ITEM— VI.M.3
PLANNING ITEMS
ITEM#75296
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
REFERRED BACK TO PLANNING COMMISSION, BY CONSENT, application of VIRGINIA
BEACH AVA RE, LLC for a Street Closure re approximately 813 square feet of an unnamed,
unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard DISTRICT 3
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 20, 2024
72
ITEM— VLM.4
PLANNING ITEMS
ITEM#7529 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
APPROVED,AS CONDITIONED,BY CONSENT,application of EVERGREEN VIRGINL4 L.L.C.for
a Street Closure re approximately 2,854 square foot portion of North Lynnhaven Road adjacent to 2865
Virginia Beach Boulevard DISTRICT 3
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
EVERGREEN VIRGINIA L.L.C.for a Street Closure re approximately
2,854 square foot portion of North Lynnhaven Road adjacent to 2865
Virginia Beach Boulevard (GPINs 1497358684, 1497357774,
1497356822, 1497358365) DISTRICT 3
The following conditions shall be required.•
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of the City s Interest in Streets Pursuant to Street
Closures,"approved by City Council. Copies of the policy are available in the Planning
Department.
2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate
the closed area into the adjoining lots. The resubdivision plat must be submitted and
approved for recordation prior to the final street closure approval. Said plat shall include
the dedication of a public drainage easement over the Right-of-Way to the City of Virginia
Beach, subject to the approval of the Department of Public Works, and the City Attorney's
Office, which easement shall include a right of reasonable ingress and egress.
3. The Applicant or the Applicant's successors or assigns shall verb that no private utilities
exist within the Right-of-Way. If private utilities do exist, easements satisfactory to the
utility company, must be provided.
4. If it is determined that an encroachment will be needed for the Applicant's improvements
to the property, an encroachment application shall be submitted to the Department of
Public Works/Real Estate prior to the closure being finalized.
5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by the City Council. If the conditions noted above
are not accomplished and the final plat is not approved for recordation within one year of
the City Council vote to close the Right-of-Way this approval shall be considered null and
void.
February 20, 2024
73
ITEM— VI.M.4
PLANNING ITEMS
ITEM#75297
(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 201" day of February Two
Thousand Twenty Four.
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
February 20, 2024
1 ORDINANCE APPROVING APPLICATION OF
2 EVERGREEN VIRGINIA, L.L.C. FOR THE
3 CLOSURE OF AN APPROXIMATELY 2,854
4 SQ. FT. PORTION OF N. LYNNHAVEN ROAD
5 ADJACENT TO 2865 VIRGINIA BEACH BLVD.
6
7 WHEREAS, Evergreen Virginia, L.L.C., a Virginia limited liability company (the
8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the
9 hereinafter described portion of N. Lynnhaven Road discontinued, closed, and vacated;
10 and
11
12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be
13 discontinued, closed, and vacated, subject to certain conditions having been met on or
14 before one (1) year from City Council's adoption of this Ordinance.
15
16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
17 Beach, Virginia:
18
19 SECTION 1
20
21 That the hereinafter described portion of unimproved right-of-way (the "Right-of-
22 Way") be discontinued, closed and vacated, subject to certain conditions being met on
23 or before one (1) year from City Council's adoption of this ordinance:
24
25 ALL THAT certain piece or parcel of land situate, lying and
26 being in the City of Virginia Beach, Virginia, designated and
27 described as "PROPOSED STREET CLOSURE AREA
28 2,854 S.F. (0.066 AC)", and shown as the hatched area on
29 that certain street closure exhibit entitled: "STREET
30 CLOSURE EXHIBIT OF 2,854 SF PORTION OF N.
31 LYNNHAVEN ROAD FOR EVERGREEN VIRGINIA, L.L.C.
32 (I.N. 200501260014228)", prepared by Kimley-Horn, a copy
33 of which is attached hereto as Exhibit A.
34
35 SECTION II
36
37 The following conditions must be met on or before one (1) year from City
38 Council's adoption of this ordinance:
39
40 1. The City Attorney's Office will make the final determination regarding
41 ownership of the underlying fee. The purchase price to be paid to the City shall be
42 determined according to the "Policy Regarding Purchase of the City's Interest in Streets
43 Pursuant to Street Closures," approved by City Council.
44
45 No GPIN Assigned (City Right-of-Way)
46 Adjacent GPIN: 1497-35-7774
47 2. The Applicant shall resubdivide the property and vacate internal lot lines to
48 incorporate the closed area into the adjoining lots. The resubdivision plat must be
49 submitted and approved for recordation prior to the final street closure approval. Said
50 plat shall include the dedication of a public drainage easement over the Right-of-Way to
51 the City of Virginia Beach, subject to the approval of the Department of Public Works,
52 and the City Attorney's Office, which easement shall include a right of reasonable
53 ingress and egress.
54
55 3. The Applicant or the Applicant's successors or assigns shall verify that no
56 private utilities exist within the Right-of-Way. If private utilities do exist, easements
57 satisfactory to the utility company, must be provided.
58
59 4. If it is determined that an encroachment will be needed for the Applicant's
60 improvements to the property, an encroachment application shall be submitted to the
61 Department of Public Works/Real Estate prior to the closure being finalized.
62
63 5. Closure of the Right-of-Way shall be contingent upon compliance with the
64 above stated conditions within 365 days of approval by the City Council. If the
65 conditions noted above are not accomplished and the final plat is not approved for
66 recordation within one year of the City Council vote to close the Right-of-Way this
67 approval shall be considered null and void.
68
69 SECTION III
70
71 1. If the preceding conditions are not fulfilled on or before February 19, 2025,
72 this Ordinance will be deemed null and void without further action by the City Council.
73
74 2. If all conditions are met on or before February 19, 2025, the date of final
75 closure is the date the street closure ordinance is recorded by the City Attorney.
76
77 3. In the event the City of Virginia Beach has any interest in the underlying
78 fee, the City Manager or his designee is authorized to execute whatever documents, if
79 any, that may be requested to convey such interest, provided said documents are
80 approved by the City Attorney's Office.
81
82 SECTION IV
83
84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
86 VIRGINIA BEACH (as "Grantor") and EVERGREEN VIRGINIA, L.L.C. (as "Grantee").
87
88 Adopted by the Council of the City of Virginia Beach, Virginia, on this loth day
89 of February . 2024.
90
91 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF
92 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
�oA
Planning Department City Atto'rneW
CA16258
\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d026\p038\00740843.doc
R-1
February 6, 2024
EXHIBIT A
PT (IF LOT 1, ELLh'A L LYNNHAVEN FIAA !-
.1_TH NiF
��y N30'53'27"W EVfR•REEN VIRbINw uc tij0
124.45' (OECD LN_-T <zW40ffl 7i'.3) 11)/,�
(H.F. ll{Fc. 4.9 Gj
O FP/N 14517-J5- ? n 1-DGkkl V�Q'
,a_N59'06'33"E (17,� .F/0-1�?ACRE)
O 10.00'
VDAVID B. DACd.Ii N59'06'35"E
t0 L�-1 S59'06'33"W 89.61
0�.Aa� � ''�,.r'C 5.00'
ORAL S��t is �C Z
LEGEND
® AREA PROPOSED O
TO BE CLOSED FIRLEL f
N/F
EVERi;R££N V/RdLNfA LL1'
00 Ol (DEED IN T =�J0400W`e;j)
NOTE: �r 00 (He 39, R:. 11)
r 00 6PLAL 14-'7-7'-7774-Lkkk)
THIS EXHIBIT IS INTENDED TO N (V (5`.I&:'F/Crag AWE;)
SHOW THE AREA OF PROPOSED W 3
RIGHT-OF-WAY CLOSURE AND IS I�
NOT INTENDED FOR ANY OTHER N CV
PURPOSE. i4
to
O O
U Z
PROPOSED STREET CLOSURE AREA
2,854 S.F. (0.066 AC)
S59'06'33"W
5.00' N77'40'22"W
HORIZONTAL DATUM: NAD83/93 (HARN) 20.58' / F,16C& 4-A
VERTICAL DATUM: NAVD88 / N/F
Ri-&-RfEN VIRI.7NIA LL(;
N77.47.51"W (DEED lNa. _�U)40000`d )
18 , 18.00, (PLAT IN'T ZJi�7k1np5.iJ,;)
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ROAD FOR EVERGREEN VIRGINIA,L.L.C. VIRGINIA BEACH, VIRGINIA ®2023 KIMLEY-HORN AND ASSOCIATES, INC.
4525 MAIN STREET, SUITE 1000, VIRGINIA BEACH,VA 23462
(I.N.200501260014228) PHONE: 757-213-8600 FAX: 757-213-8601
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74
ITEM— VI.M.5
PLANNING ITEMS
ITEM#75298
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
APPROVED,AS CONDITIONED,BYCONSENT,application of CAR SPA VIRGINIA BEACHI,LLC
for a Modification of Conditions to a Conditional Use Permit re car wash facility expansion at 3282
Holland Road DISTRICT 3
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CAR SPA VIRGINIA BEACH I, LLC for a Modification of Conditions
to a Conditional Use Permit re car wash facility expansion at 3282
Holland Road(GPIN 1485999736) DISTRICT 3
The following conditions shall be required:
1. All conditions associated with the 1999 Conditional Use Permit approval shall remain in
effect and Conditions 2, 3, 4, 5, as indicated below, shall be added.
2. The site layout shall be in substantial conformance to the submitted exhibit entitled,
"Concept Plan Car Spa",dated December 11,2023,prepared by Bowman,which has been
exhibited to the Virginia Beach City Council and is on file in the Department of Planning
& Community Development.
3. Prior to the operation of the vacuum stations, a Landscape Plan shall be submitted to the
Department of Planning& Community Development for review and approval.
4. The proposed row of evergreen plantings along Holland Road shall be installed at a
minimum height of three(3)feet and be maintained at a minimum height offour and a half
(4.5)feet.
5. The proposed vacuum stations, canopies, and vacuuming equipment shall be in substantial
conformance to the submitted exhibit entitled, "Car Spa Virginia Beach:Material Board",
dated December 18, 2023, prepared by Randall Paulson Architects, which has been
exhibited to the Virginia Beach City Council is on file in the Department of Planning&
Community Development.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20'h day of February Two
Thousand Twenty Four.
February 20, 2024
75
ITEM— VLM.5
PLANNING ITEMS
ITEM#75298
(Continued)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
February 20, 2024
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3282 Holland Road S
Zoning
Building
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012.25 50 75 100 125 150
76
ITEM— 11I.M.6
PLANNING ITEMS
ITEM#75299
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
DEFERRED TO MARCH 5, 2024, BY CONSENT, application of C THE JEMS, LLC/JONATHAN
PROPERTIES, LLC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use
Permit re bulk storage yard—tow at 2625 Horse Pasture Road DISTRICT 5
Voting: I1-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
February 20, 2024
77
ITEM— VI.M.7
PLANNING ITEMS
ITEM#75300
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
APPROVED,AS CONDITIONED, BY CONSENT, application of CITY OF VIRGINIA BEACH for a
Change o Zonin from R-7.5 Residential to P-1 Preservation re neighborhood park at 4549 Revere Drive
DISTRICT I
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 20, 2024
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78
ITEM— VI.M.8
PLANNING ITEMS
ITEM#75301
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of THE LAB COMMERCIAL
KITCHEN,LLC/BONNEYBROTHERS CORPORA TIONfor a Conditional Use Permit re bulk storage
yard at 405 South Witchduck Road DISTRICT 1
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THE LAB COMMERCIAL KITCHEN, LLC/BONNE BROTHERS
CORPORATION for a Conditional Use Permit re bulk storage yard at
405 South Witchduck Road(GPIN 1466795644) DISTRICT I
The following conditions shall be required:
1. The Bulk Storage Yard shall be screened with a minimum six-foot tall privacy fence and
landscape plantings that are in substantial conformance to the concept landscaping plan
entitled "Site Landscape Plan" and dated November 22, 2023. This is a deviation to
Section 228(a)of the Zoning Ordinance.
2. Food trucks and trailers shall only be stored in the spaces as identified on the concept plan
"Site Landscape Plan"and dated November 22, 2023.
3. Food trucks and trailers shall only be in the loading zone when actively loading or
unloading a vehicle. This area shall not be used for long-term parking or storage.
4. No more than twenty(20)food trucks or trailers shall be permitted on site at any one time
(e.g., no more than twenty (20)food trucks or trailers shall be on site total between the
loading zone and the storage spaces).
5. Total storage may not exceed twenty(20) food trucks or trailers.
6. The food truck/trailer parking stalls as shown on the landscaping plan entitled "Site
Landscape Plan"and dated November 22, 2023 shall be striped.
7. A minimum of sixteen (16) spaces shall be provided for customer parking with an
additional nine spaces available in the loading area as shown on the landscaping plan
entitled "Site Landscape Plan"and dated November 22, 2023.
8. No food truck or trailer build outs, engine repair, body work, automobile repair activities,
or other substantial alteration or repair shall be conducted on site, to include removal and
installation of appliances. This condition shall not be construed to prohibit light
maintenance such bulb repair or replacement, cleaning, and similar light work.
9. Generators shall not be run between the hours of I1:00 p.m. and 7:00 a.m.
February 20, 2024
79
ITEM— VI.M.8
PLANNING ITEMS
ITEM#75301
(Continued)
10. All exterior power points on the property shall be covered,grounded, and provided in such
a way that is safe for all users and that is in substantial conformance with the locations as
noted on the concept landscaping plan entitled "Site Landscape Plan" and dated
November 22, 2023.
11. The dumpster shall be enclosed with a minimum six(6)foot tall privacy fence and required
plantings as set in the landscape requirements in the Site Plan Ordinance.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 200 day of February Two
Thousand Twenty Four.
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
February 20, 2024
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405 South Witchduck Road S
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Building
Feet
0 1530 60 90 120 150 180
80
ITEM— VI.M.9
PLANNING ITEMS
ITEM#75302
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
APPROVED, AS CONDITIONED, BY CONSENT, application of ANNA LEAN SALON AND
BOUTIQUE,LLC/ROGERS PROPERTIES,LLCfor a Conditional Use Permit re tattoo parlor at 1637
Independence Boulevard, Suites A &B DISTRICT 9
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ANNA LEAN SALON AND BOUTIQUE, LLC / ROGERS
PROPERTIES, LLC for a Conditional Use Permit re tattoo parlor at
1637 Independence Boulevard, Suites A & B (GPIN 1479235308)
DISTRICT 9
The following conditions shall be required.•
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure compliance with the provisions of Chapter
23-51 of the City Code.
2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of
permanent makeup. No other form of tattooing shall be permitted.
3. The actual application of permanent makeup shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
4. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar signage installed on
the exterior of the building or in any window, or on the doors. Window signage shall not
be permitted.A separate sign permit shall be obtained from the Department of Planning&
Community Development for the installation of any new signs.
This Ordinance shall be effective in accordance with Section 107() of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20h day of February Two
Thousand Twenty Four.
February 20, 2024
81
ITEM— VI.M.9
PLANNING ITEMS
ITEM#75302
(Continued)
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
February 20, 2024
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Zoning
Building
Feet
0 1530 60 90 120 150 180
82
ITEM— VI.M.10
PLANNING ITEMS ITEM#75303
Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council
APPROVED, AS AMENDED, AS CONDITIONED, BY CONSENT, application of ALLIENA
WESTLEIGH/SAW CONTRACTING,INCfor a Conditional Use Permit re residential kennel at 5205
Shore Drive DISTRICT 9(Deferred from January 16, 2024)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ALLIENA WESTLEIGH / SAW CONTRACTING, INC for a
Conditional Use Permit re residential kennel at 5205 Shore Drive(GPIN
1469880062) DISTRICT 9(Deferred from January 16, 2024)
The following conditions shall be required:
1. The Conditional Use Permit shall be limited to a maximum offive(5)adult dogs.
2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a
weekly basis.
3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are
licensed through the City of Virginia Beach.
4. There shall be no breeding of dogs on the site.
5. Day Care, Training, and Boarding services for monetary consumption are not permitted
on this site.
6. No more than four(4)dogs shall be permitted to be outdoors at one time and the dogs shall
remain under the supervision of the caretaker at all times and shall not be a nuisance to
any other property owners or residents.
This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of February Two
Thousand Twenty Four.
Voting: 11-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley, David
Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
February 20, 2024
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83
ITEM— VLN
APPOINTMENTS
ITEM#75304
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
HAMPTONROADS TRANSPOR TA TION PLANNING ORGANIZATION
HEALTH SERVICES ADVISORY BOARD
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
STORMWA TER APPEALS BOARD
TRANSITION AREA/INTERFA CILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
VIRGINIA BEACH VA250 COMMITTEE
February 20, 2024
84
ADJOURNMENT
ITEM#75305
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.26 P.M.
Terri H. Chelius
Chief Deputy City Clerk
(I m
Am a arnes, Robert M.Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
February 20, 2024