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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
JUNE 4, 2024
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, June 4, 2024, at 3:00 P.M.
Council Members Present:
Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
2
CITY COUNCILS BRIEFING
VIRGINIA AQUARIUM UPDATE
ITEM#75738
3:01 P.M.
Mayor Dyer welcomed Rick Biddle, Founder — Relevant Strategies & Solutions, LLC^ Mr. Biddle
expressed his appreciation to City Council for their continued support:
RS, S
CITY COUNCIL PRESENTATION
JUNE 4,2024
Here is the Relevant Strategies&Solutions(RS&S) Overview:
r��R"&S Overview
Rick Biddle&RS&S team
The RS&S team has over 35 years of experience developing relevant,strategic
solutions for AZA institutions.All RS&S team members are former C-level leaders
of AZA-accredited institutions.
We have developed and provided insight to over 110 AZA(Association of Zoos&
Aquariums)accredited Institutions lout of^245 AZA institutions).
We have supported our clients with annual operating budgets from under$1
million to well over$100 million.
Within the AZA industry:
•RS&S provides a comprehensive array of integrated strategic,business,and
organizational planning services for mission-driven organizations.
RS&5 is the recognized leader in the development and facilitation of governance
studies and transition for AZA institutions—all recent transitions completed under
Rick's leadership
RS&S has successfully completed relevant and sustainable governance transition
studies and plans for over 21 AZA institutions and has successfully implemented
over 28 guest services outsourcing initiatives for AZA institutions.
2
June 4, 2024
3
CITY COUNCILS BRIEFING
VIRGINIA AQUARIUM UPDATE
ITEM#75738
(Continued)
Our Objective
• A forward-looking process focused on identifying the best
outcome for the Virginia Aquarium and the community of
Virginia Beach.
MOU between the City and Foundation—open communications
This is a due diligence exercise and reflects good governance;
also reflects best practices in the AZA industry with highest
standards of animal wellbeing and guest experiences.
• Create"win/win/win"outcomes with long-term sustainable
financial results—a true"Partnership"between City,
Foundation and Potential Operator.
Rs&s Role:Challenge thinking;creating viable outcomes and
serving as a relevant resource.
Dynamic PPPs are not new and will continue to evolve during
the next five years—clarifying revenue generation and mission-
delivery.
There are no pre-determined outcomes:
Outcomes
• There are no pre-determined outcomes.
• Defining the"right"roles for the three potential partners:
City/Foundation/Potential Operator.
There is a place for everyone.
What is the best operating model that ensures the future
viability and sustainabiIity of the Virginia Aquarium?
June 4, 2024
4
CITY COUNCILS BRIEFING
VIRGINIA AQUARIUM UPDATE
ITEM#75 738
(Continued)
Here is the April—December 2024 timeline:
Timeline: April—December 2024
Key Tasks
• Site Visit to Aquarium and Related Facilities
• Discussions with City&Foundation Leadership
• Creating Baseline Financial Model for Aquarium
• Defining"Expectations"of Alternative Partnership Outcomes
• One-on-One Discussions with Potential Operating Partners
• Develop Terms&Conditions of MOA
• Evaluation of Partners with Scorecard Criteria
• Recommend Next Steps/Council Presentation
• Facilitate Negotiations of Final MCA,if Needed
5
IrHigh-Level Observations
The Aquarium has"great bones"from which to build
upon and leverage new opportunities—experiences,
mission-deliverables and services.
Enhance the guest experience—keeping it fresh and engaging.
Ensure the highest quality care of animals/wellbeing.
Enhance mission delivery:conservation,education and stranding
impacts.
6
June 4, 2024
5
CITY CO UNCIPS BRIEFING
VIRGINIA AQUARIUM UPDATE
ITEM#75738
(Continued)
Here are the Next Steps/Short-Term:
Next Steps: Short-Term
Finalize MOU with City and Foundation
Finalize Baseline Financial Model(s):
Integrated/Consolidated City&Foundation Resources
Defining Expectations:
City
Foundation
Operating Partner
Tentative:August/September"Project Status Update"to
City Council
7
;-.019000
S S
Mayor Dyer expressed his appreciation to Mr. Biddle for the presentation.
June 4, 2024
I r • •
CITY MA NA
IEFING
HURRICANE SEASON UPDATE& PREPAREDNESS INITIATIVES
Mayor Dyer welcomed David Topezynski, Director—Emergency Management. Mr. Topezynski expressed
his appreciation to City Councilfor their continued support:
2024 Hurricane Season
Here is the 2024
Outlook & Readiness Update
�Bmergency
Management
David Topczynski
June 4,2024
Outlook
2024 Outlook
(Atlantic/Gulf)
• 85%chance of an "above-normal"season.
• 17-25 named storms;8-13 hurricanes;4-7 major storms
• NOAA has 70%confidence in their forecast.
• Conditions expected to become'very favorable'for storm
development in mid-August.
• Near record ocean temperatures since April
• La Nina conditions expected to return
• Reduced Atlantic trade winds(less wind shear)
• In August,NOAA will introduce new,experimental tools including two
new forecast models,an updated hurricane cone to display where
impacts can be experienced,and updated flood modelingg.'
Current Product� EaperlmeMel Product
K
UPDATECITY AlANA GER'S BRIEFING
HURRICANE SEASON
WHAT DOES THE OUTLOOK MEAN FOR VB?
• Good reminder for our citizens and businesses to prepare for the upcoming season.
• For departments,we proactively prepare year-round to manage impacts from any storm,
Here are the Emergency Management Preparedness Efforts:
hazard,or threat.
• Focus on building resiliency against impacts to our critical services and functions.
• Emphasize:
• Remnants of a storm,or a'close call',cause major impacts to communities.
• Heavy rain,tornados,high-winds,or flooding can occur before,during,or after a tropical storm.
Community lifelines
9
PREPAREDNESS EFFORTS
In addition to the annual citywide exercises, EM has completed the following to
—✓ prepare for this year's hurricane season:
• Updated Shelter Plan,with a shelter exercise scheduled for July
• Completed an Evacuation Decision Framework
• Implemented a Disaster Services Contract
• Finalizing a Disaster Recovery Contrail to support requests for state or federal
�, assistance.
• IT modernizations,including major EOC upgrades and deployable command centers
• VB Coastal Storm Guides and Personal Preparedness Plan
• Creating refrigerator magnets for the Sandbridge Community with info on receiving text
Munkane arW Coastal alerts and daily beach conditions
sro.n.v.epaRann.
• Enhanced weather monitoring through Perry Weather
• Updated public alerts and warning templates
*Required 4-year revision to the Emergency Operations Plan(EOP)are underway.
• Anticipate the final draft to be presented to Council in September for adoption.
CITY MANA GER'S BRIEFING
HURRICANE SEASON ,D,
ProcedureHere is the • Approaching:
PROCEDURE WHEN A STORM IS APPROACHING
• Our goal is to communipte early and keep you informed.
• Emergency Management is your avenue for accurate,reliable information and getting answers to any questions.
Understanding our process when a storm is approaching is critical so you can stay updated and provide the
residents of your district with reliable,accurate information.
7-30 days out 5days out 3-5days out 3-3days eftar
Thank You
:mergency
Management
Mayor Dyer expressed his appreciation t• Mr. Topczynskiforpresentation.
9
CITY COUNCIL LL4ISON REPORTS
ITEM#75 740
4:14 P.M.
Council Member Berlucchi advised he and Council Member Wooten are liaisons to the 5131 Memorial
Committee and as the five (5)year anniversary of the 5131 tragedy just passed and the memorial site was
dedicated, he wanted to take a moment to recognize the tireless and outstanding work the Committee has
done so far. Council Member Berlucchi advised this is the finest Committee he has ever had the privilege
to be associated with, comprised of family members of the victims,people who were affected by the tragedy,
mental health, public safety and architecture professionals. Council Member Berlucchi expressed his
appreciation to the Commissioners who have shepherded the design for the dedication from the beginning
and continue to do excellent work.
Mayor Dyer advised it has been a very challenging and emotional undertaking and believes it has come
through with a positive outcome.
Council Member Wooten advised she would be remiss if she did not share that she has received
correspondence from some of the victim's family members who have expressed they are in need of extended
support and have requested a meeting where they can discuss how their concerns can be addressed.
Council Member Hutcheson advised he was on scene in the command structure during the tragedy and has
seen the hard work and dedication the Committee has put into the memorial and believes it will be very
nice and is hopeful it brings solace to those who visit. Council Member Hutcheson expressed his
appreciation to everyone who helped organize the remembrance.
June 4, 2024
10
CITY COUNCIL DISCUSSIONVAITIATIVES/COMMENTS
ITEM#75 741
4:16 P.M.
Council Member Berlucchi advised he attended a Neptune Festival luncheon with Council Members Ross-
Hamond and Schulman earlier today where the 50`h Neptune Festival poster and artist were revealed.
Council Member Berlucchi advised the Neptune Festival is the qfflcial celebration of the City and all
citizens. Council Member Berlucchi advised Devin Miller, who is an art teacher at First Colonial High
School, is the artist who created the poster and mural-for the first time ever. Council Member Berlucchi
advised Ms. Miller has contributed her artwork to the ViBe District and Samaritan House to bring
awareness to domestic violence.
June 4, 2024
11
CITY COUNCIL DISCUSSIONANITIATIYES/COMMENTS
ITEM#75 742
(Continued)
Council Member Wooten advised she has received positive feedback from last week's Community Meeting
held in Level Green with Chief Neudigate. Council Member Wooten advised Chief Neudigate addressed
residents'concerns about youth violence, recent shootings and actions he has taken by increasing police
presence in the neighborhood with an assigned officer and bike patrols. Council Member Wooten advised
Chief Neudigate also provided information on the following topics:
- The Shot Spotter program can be extended to the Level Green neighborhood
-Residents must call 911 any time they hear gun shots
- The Real Time Crime Center opened last week and has high tech equipment and
cameras being used throughout the City to respond and track crime
Council Member Wooten expressed her appreciation to Chief Neudigate for his support and advised she
will host an ice cream social at the Level Green Park on June e at 12:00 P.M.
Mayor Dyer advised crime is a primary concern in the City with the recent shooting near Mount Trashmore
and has spoken with Mayor Tuck in Hampton and will be re-convening the Mayor's 757 Youth Task Force
as crime knows no boundaries.
June 4, 2024
12
CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS
ITEM#75 743
(Continued)
Council Member Ross-Hammond provided the following comments:
- Congratulations to the Cultural Affairs Department on their work to coordinate an African
American Music Month.
- The Virginia African American Cultural Center (MACC) awarded two (2) $500.00
scholarships to African American High School graduates who will be going to James
Madison University and Norfolk State University to study the Performing Arts
- Expressed appreciation to the staff at the Convention and Visitor's Bureau for the behind the
scenes tour of the events held at the Oceanfront last weekend, which included the Jackalope
and Point Break Festivals, ViBe Street Art Show, Military USO Experience,Auto Show and
an action sports event at the Sports Plex. Council Member Ross-Hammond distributed copies
of two pictures taken at the Jackalope Festival, attached hereto and made a part of the
record.
Council Member Remick expressed his appreciation to the Body and stafffor supporting the events Council
Member Ross-Hammond mentioned. Council Member Remick advised he heard from a lot of constituents
who shared it was a great event for both visitors and residents.
Council Member Schulman expressed his appreciation to the Public Works stafffor are responsible for
setting up the beach and building the berm as well as the Public Safety and EMS staff,adding there were
over 50,000 people at the Oceanfront over weekend.
June 4, 2024
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CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#75 744
(Continued)
Council Member Rouse advised she attended an information session hosted by the National Alliance on
Mental Illness (NAMI) and the Virginia Beach Community Development Corporation (VBCDC) for
residents in Buckner Woods, which is the neighborhood directly adjacent to parcel that is the proposed site
for the apartment complex. Council Member Rouse advised as she listened, she heard feedback that
residents felt unheard and that the project moved further ahead than what they were told during the initial
meeting held at the end of last year. Council Member Rouse advised other concerns were that the site
floods,parking restrictions and what area will children have to play. Council Member Rouse commended
the VBCDC stafffor reaching out to residents and to work towards acceptable solutions.
June 4, 2024
14
CITY COUNCIL DISCUSSIONANITLITIVES/COMMENTS
ITEM#75 745
(Continued)
Council Member Rouse advised she attended the Ribbon Cutting Ceremony at the Oak Springs Park in
District 10. Council Member Rouse advised as a result of last year's reconciliation, $150,000 was
allocated to providing upgrades at the park which included a fitness area with equipment adjacent to the
playground. Council Member Rouse expressed her appreciation to Dr.Ken Chandler,Michael Kirschman,
and Chad Morris. Council Member Rouse advised the park is off of Dahlia and Holland Roads and invited
anyone interested to visit.
June 4, 2024
15
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#75 746
(Continued)
Vice Mayor Wilson advised representatives from Dominion Energy will host a second Community Meeting
tomorrow at 5:00 P.M., at the Aquarium's South Building, with residents in the Croatan neighborhood to
address their concerns of excessive noise due to the Coastal Virginia Offshore Wind(CVOW)Project.
June 4, 2024
16
CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS
ITEM#75 74 7
(Continued)
Vice Mayor Wilson advised Council Member Taylor is runningfor Mayor and has submitted his resignation
letter serving as the District 9 Council Member. Vice Mayor Wilson advised as a result, there will be a
Resolution directing the City Attorney's Office to file a Writ of Special Election with the Circuit Court on
the next Agenda for the Body's consideration.
June 4, 2024
17
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#75 748
(Continued)
Council Member Henley advised last weekend the 4-H Livestock Show and Sale was held at the Ruritan
Facility and is organized by volunteers who assist youth in raising and showing their livestock. Council
Member Henley advised it is important to recognize the events in the City that are organized by volunteers
who do not ask the City for any support. Council Member Henley advised another example is a local
history group from the Senior Resource Center who has released a second publication of Princess Anne
County Graves, Fields,Farms and Churches. The publication enumerates all of the cemeteries across the
City with the address of the cemetery, who is buried in each with their birth and death dates. Council
Member Henley advised the book can be purchased for$22.00.
June 4, 2024
18
CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS
ITEM#75 749
(Continued)
Council Member Schulman distributed copies to the Body of his letter with theproposed red-lined andfinal
drafts of Ordinance to establish the Stormwater Management Implementation Advisory Group, attached
hereto and made a part of the record. Council Member Schulman summarized the letter which explains
the rationale for the proposed Group and advised proposed Ordinance will be on the next Formal Session
Agenda for consideration.
Council Member Taylor advised he continues to hear from constituents who are concerned that the Body
is taking actions outside of the Comprehensive Plan and shared with Council Member Schulman that the
proposed Ordinance may be perceived as another action that is not necessarily in line with the
Comprehensive Plan.
June 4, 2024
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JOASHUA F.'JOASH'SCHULMAN CELL'(757)840-1291
COUNCIL MEMBER EMAIL!ischu1man0vbaov.com
DISTRICT 9
May 31,2024
The Honorable Mayor and City Councilmembers:
RE:Stormwater Management Implementation Advisory Group
As I mentioned during the March 19th informal session, I agreed to defer the proposed ordinance to establish
a Stormwater Management Implementation Advisory Group due to some questions raised by Councilwoman
Henley. Since that time,I worked with Councilwoman Henley and Jason Barney(Chair of the Wetlands Board and
the Green Ribbon Committee)on some revisions to the draft ordinance.
Enclosed are comparison and clean drafts of the proposed ordinance. The rationale for the edits is as follows:
1. We wanted to be sure that the intent of the ordinance was clear. The purpose of this group is not meant to
find ways to make it easier for the development community to build things, but rather, to encourage re-
development in areas of our city (like our Strategic Growth Areas (SGA's)) that do not worsen flooding
and that do not negatively impact neighborhoods. You will see references added to our Focused Action
Plan and our collective desire to revisit/reaffirm our commitment to the SGA Plan in that regard.
2. We felt the number and geographic distribution of the community-member/non-expert appointees could
make the size of the group unworkable and had the potential to leave some areas of our city
underrepresented (or not represented). Accordingly, the number of community-member/non-expert
appointees has been reduced to two. We thought it was important to"de-politicize"the process by making
sure that the majority of Advisory Group members have the requisite experience to work through these
issues-from environmental,engineering,and development perspectives.
3. 1 left room, should the Council so desire, to appoint up to two non-residents, if by virtue of their unique
qualifications and experience, they would add invaluable contributions to the Advisory Group. For
example, the city recently partnered with faculty from Virginia Tech and a representative from the Nature
Conservancy in connection with forest conservation efforts and studying the benefits that trees provide for
flood mitigation. I wanted to leave opportunities for experts like these to participate,should someone wish
to advance a name.
I will be raising this item during council comments and initiatives at our June 4th informal session. I know this
ordinance has been in front of you at least three times, so I appreciate your patience-but, like most things, I think
it's better to do it right, than to do it quickly. In fact, some of the conversation during our most recent workshop
relative to cost participation on infrastructure in SGA's is particularly relevant. As always,I welcome your thoughts
and comments.
Sincerely,
Joashua F."Joash"Schulman
District 9 City Councilmember
w.Encl.
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
REQUESTED BY MAYOR DYER AND COUNCILMEMBER
SCHULMAN
1 A RESOLUTION ESTABLISHING A STORMWATER
2 MANAGEMENT IMPLEMENTATION ADVISORY
3 GROUP
4
5 WHEREAS, the City Council created the Process Improvement Steering
6 Committee("PISC")to provide recommendations to improve various aspects of the City's
7 government;
8
9 WHEREAS, the City Council referred the "Resolution to Adopt and Amend the
10 Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for
11 Discretionary Land Use Applications" to the PISC, and the PISC has recommended the
12 establishment of a "work group to provide recommendations regarding how best to
13 balance the need for stormwater management and flooding protection with development
114 and redevelopment opportunities;"aF+4J
15
16 WHEREAS,the City Council agrees that such a work group would be beneficial;
17
18 WHEREAS, Initiative 2 of the City's FY24-25 Focused Action Plan ("Focused
19 Action Plan") establishes as a priority the development of a plan "for a responsibly built
20 environment that preserves and protects the community's natural resources ... allows for
21 sustainable growth [and slupports the creation and maintenance of affordable housinq
22 and a strong economy;
23
24 WHEREAS, Initiative 2.2 of the Focused Action Plan contemplates a desire to
25 reaffirm the City's Strategic Growth Areas Plan "to ensure appropriate economic growth
26 opportunities while preserving rural and suburban areas"and to"focus development and
27 redevelopment along maior transportation [and infrastructurel corridors"
28
29 WHEREAS, finding ways to encourage development and redevelopment in the
30 City's Strategic Growth Areas and in other locations in the City that are less at-risk of
31 flooding and that do not abut neighborhoods or environmentally sensitive areas would be
32 in the best interest of the community and would be a critical aspect of the work to be
33 performed by the aforementioned work group;and
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
36 VIRGINIA BEACH,VIRGINIA:
37
38 1. That the City Council hereby establishes the Stormwater Management
39 Implementation Advisory Group("Advisory Group').
40
41 2. That the Advisory Group shall serve in an advisory capacity to the City Council,
42 and the City Council shall appoint its members.
43
144 3. That the Advisory Group shall consist of a total of no more than thirteen 12)9
45 voting members,as follows:
46
47 a. No- mere 4haR- 4Eleven (11) subject matter experts and industry
48 representatives,comprised as follows:
49 i. Three(3)EsuGh as nvironmental/resiliency professionals,
50 ii. Two(2)_,engineering consultants,
51 iii. Two (2) attorneys with environmental and -land use -ar+d%
52 enviFORFneRtal expertise;
53 iv. Two (2y members of the real estate development community,
54 and
55 v. Two (2) representatives from environmental protection and/or
56 conservation organizations.
57 b. Two(2)resident representatives who may, but need not, have relevant
58 subiect matter experience.
59 a, r•.,.,sor.,a+i.,.,.,r.,apAzaw..r,$) •.,_„- Formatted:Font:(Default)Arial
60 b. ?Ie—ire tc------ l= e resent;ative9 €er the B",zabet'
Formatted:Normal,Indent:Left: -0.13"
61 diver Watershed whe reside in either ^=r � ,
~',.� � Formatted.Normal,Left,Right: 0", No bullets or
62 appeint=ed with the eeneurrenee of the Gedne ifne bers numbering,Tab stops:Not at 0.75"
64 e. Ne mere t=hand—resident representatives €er the 'tea
65 Greek and Lenden Bridge Greek drainage basins—(te inelude a eas
66 saeh asWiridser Weeds, Prineess Anne Plaza, Green Rtin aiid Bei
67 Eree'fie—r-esidein either Distriet 3 ar—rstriet 19, ,ppeinte
68 with the eenea renee—ef the ^eune;,m mber-
70 d. :e mere than 2 icesident representatives fer the Ghesapeake
71 Bay Water-shed and whe reside inDistriet 6, Bistriet 8, er
72 Dist riet. 9—appeint=ed with the eeneuierenee of the Geune;,TeMher-s
73 represen>ingDietriets 6, 8
74 e. Pie-Rere than 2 resident representatives €er the Seat of
75 Rivers Watershed -.he reside in E)istriet 2, Bistr-iet 5, er
76 Bistriet :�, apgeinted-with the eeneurrenee e€ the Geuneilmembers
77 represent;iag Bist r-iet:s 9, 5, and
78 Formatted:Normal
79 4_That, in addition to the above-described voting members, the Advisory Group
80 shall include a nonvoting Planning Commission liaison and two high school students as
81 nonvoting members. A quorum of the membership shall be defined as a majority of the
82 then-appointed voting members, but no less than five.
83 {Formatted Indent:Left 0.5", No bullets or numbering
84 4.5. All members of the Advisory Group shall be residents of the City of Virginia
85 Beach, except that the voting members described in Section 3(a)(i) and 3(a)(v) may
86 include (collectively) no more than two (2) non-residents who, by virtue of their unique
87 qualifications and experience,would add invaluable contributions to the Advisory Group,
88 as determined by the City Council.
89
90 5-.6_That the duties of the Advisory Group shall be to:
91
92 • Further review the topic of stormwater management and its impact and
93 consequences on land use and redevelopment issues;
94 . Identify whether there are any opportunities,advantages,or disadvantages
95 to strengthening regulation alignment and specificity based on the City's
96 varied drainage basins, and a property's land use and zoning
97 characteristics;
98 • Formalize a cost-sharing program relative to stormwater infrastructure and
99 policy to include developing criteria for cost-sharing eligibility; and
100 • Determine whether there are any opportunities to advance/incentivize
101 Council-adopted policy and/or planning objectives, such as affordable
102 housing, the preservation and enhancement of our City's tree canopy and
103 open spaces, enhanced water quality, more sidewalks and paved paths,
104 utilization of nature-based stormwater management practices in addition to
105 grey infrastructure solutions, implementation of regional stormwater
106 solutions,strategic and resilient approaches to redevelopment in our City's
07 Strategic Growth Areas and in areas of our City that are less at-risk of
08 flooding and that do not abut neighborhoods or environmentally sensitive
09 areas, and other preferred land use approaches, through stormwater
110 management.
111
112 6J That the City Manager shall provide staff support on an as-needed basis
113 (from the Economic Development Department, Planning Department,the Department of
114 Public Works, the Office of Performance and Accountability, and any other relevant
115 department)and other support to the Advisory Group, including a professional facilitator
116 to guide group meetings, and the City Attorney shall also provide staff support.
117
118 7-.8_That the Advisory Group may begin to meet upon the appointment of its
119 11'h voting member. The Advisory Group shall provide its recommendations to the City
120 Council within six months of the appointment of its 11'h voting member.
Adopted by the Council of the City of Virginia Beach,Virginia,on the day of
,2024.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
REVISION DATE: 3/19/24
i
REQUESTED BY MAYOR DYER AND COUNCILMEMBER
SCHULMAN
1 A RESOLUTION ESTABLISHING A STORMWATER
2 MANAGEMENT IMPLEMENTATION ADVISORY
3 GROUP
4
5 WHEREAS, the City Council created the Process Improvement Steering
6 Committee ("PISC") to provide recommendations to improve various aspects of the City's
7 government;
8
9 WHEREAS, the City Council referred the "Resolution to Adopt and Amend the
10 Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for
11 Discretionary Land Use Applications" to the PISC, and the PISC has recommended the
12 establishment of a "work group to provide recommendations regarding how best to
13 balance the need for stormwater management and flooding protection with development
14 and redevelopment opportunities;"
15
16 WHEREAS, the City Council agrees that such a work group would be beneficial;
17
18 WHEREAS, Initiative 2 of the City's FY24-25 Focused Action Plan ("Focused
19 Action Plan") establishes as a priority the development of a plan "for a responsibly built
20 environment that preserves and protects the community's natural resources ... allows for
21 sustainable growth [and supports the creation and maintenance of affordable housing
22 and a strong economy;
23
24 WHEREAS, Initiative 2.2 of the Focused Action Plan contemplates a desire to
25 reaffirm the City's Strategic Growth Areas Plan "to ensure appropriate economic growth
26 opportunities while preserving rural and suburban areas" and to "focus development and
27 redevelopment along major transportation [and infrastructure] corridors;"
28
29 WHEREAS, finding ways to encourage development and redevelopment in the
30 City's Strategic Growth Areas and in other locations in the City that are less at-risk of
31 flooding and that do not abut neighborhoods or environmentally sensitive areas would be
32 in the best interest of the community and would be a critical aspect of the work to be
33 performed by the aforementioned work group; and
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
36 VIRGINIA BEACH, VIRGINIA:
37
38 1. That the City Council hereby establishes the Stormwater Management
39 Implementation Advisory Group ("Advisory Group").
40
41 2. That the Advisory Group shall serve in an advisory capacity to the City Council,
42 and the City Council shall appoint its members.
43
44 3. That the Advisory Group shall consist of a total of no more than thirteen (13)
45 voting members, as follows:
46
47 a. Eleven (11) subject matter experts and industry representatives,
48 comprised as follows:
49 i. Three (3) environmental/resiliency professionals;
50 ii. Two (2) engineering consultants;
51 iii. Two (2) attorneys with environmental and land use expertise;
52 iv. Two (2) members of the real estate development community; and
53 v. Two (2) representatives from environmental protection and/or
54 conservation organizations.
55 b. Two (2) resident representatives who may, but need not, have relevant
56 subject matter experience.
57
58 4. That, in addition to the above-described voting members, the Advisory Group
59 shall include a nonvoting Planning Commission liaison and two high school students as
60 nonvoting members. A quorum of the membership shall be defined as a majority of the
61 then-appointed voting members, but no less than five.
62
63 5. All members of the Advisory Group shall be residents of the City of Virginia
64 Beach, except that the voting members described in Section 3(a)(i) and 3(a)(v) may
65 include (collectively) no more than two (2) non-residents who, by virtue of their unique
66 qualifications and experience, would add invaluable contributions to the Advisory Group,
67 as determined by the City Council.
68
69 6. That the duties of the Advisory Group shall be to:
70
71 • Further review the topic of stormwater management and its impact and
72 consequences on land use and redevelopment issues;
73 • Identify whether there are any opportunities, advantages, or disadvantages
74 to strengthening regulation alignment and specificity based on the City's
75 varied drainage basins, and a property's land use and zoning
76 characteristics;
77 • Formalize a cost-sharing program relative to stormwater infrastructure and
78 policy to include developing criteria for cost-sharing eligibility; and
79 • Determine whether there are any opportunities to advance/incentivize
80 Council-adopted policy and/or planning objectives, such as affordable
81 housing, the preservation and enhancement of our City's tree canopy and
82 open spaces, enhanced water quality, more sidewalks and paved paths,
83 utilization of nature-based stormwater management practices in addition to
84 grey infrastructure solutions, implementation of regional stormwater
85 solutions, strategic and resilient approaches to redevelopment in our City's
86 Strategic Growth Areas and in areas of our City that are less at-risk of
87 flooding and that do not abut neighborhoods or environmentally sensitive
88 areas, and other preferred land use approaches, through stormwater
89 management.
90
91 7. That the City Manager shall provide staff support on an as-needed basis (from
92 the Economic Development Department, Planning Department, the Department of Public
93 Works, the Office of Performance and Accountability, and any other relevant department)
94 and other support to the Advisory Group, including a professional facilitator to guide group
95 meetings, and the City Attorney shall also provide staff support.
96
97 8. That the Advisory Group may begin to meet upon the appointment of its 11 th
98 voting member. The Advisory Group shall provide its recommendations to the City
99 Council within six months of the appointment of its 11 th voting member.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2024.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
REVISION DATE: 3/19/24
19
CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS
ITEM#75750
(Continued)
Council Member Hutcheson advised he attended the 2024 Fallen Firefighters Memorial this past weekend
where seventeen (17)firefighters and EMS personnel were recognized, many lost due to occupational
cancer. Council Member Hutcheson remembered Firefighter Matthew "Chevy" Chiaverotti who passed
away from cancer and regards him as one of the finest firefighters the City has ever had.
June 4, 2024
20
CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS
ITEM#75 751
(Continued)
Council Member Taylor advised he and Mayor Dyer attended the Summit to combat antisemitism to join
forces for a hate free community where Mayor Dyer made opening remarks and he participated in the
panel, "Uniting Communities Best Practices to Secure Local Jewish Life and Communal Institutions".
Council Member Taylor believes it is important to acknowledge those in the City who are experiencing
hate, bigotry and bias.
June 4, 2024
21
AGENDA REVIEW SESSION
ITEM#75 752
4.30 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AUTHORIZE acquisition of property in fee simple for the Parliament Drive
Sidewalk Improvements Phase H Project, CIP 100301 and the acquisition of temporary and
permanent easements, either by agreement or condemnation re community improvement, and
pedestrian and bicycle enhancements
2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for
up to four (4)years at Virginia Beach Farmers Market, Building 1, Space 9 re Andrew Skipper
d/b/a Skipper Farms
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned property for
up to four (4)years at Virginia Beach Farmers Market, Building 3, Space 13 re S&H Produce,
Inc.
4. Ordinance to AUTHORIZE the donation of all remaining "No Cursing"signs to the Virginia
Beach Police Foundation (Requested by Mayor Dyer and Vice Mayor Wilson)
5. Resolution to DIRECT the City Manager to undertake a Request for Proposals process re procure
a study providing a Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis
focusing on the pros and cons of collective bargaining(Requested by Mayor Dyer)
6. Resolution to AMEND the Transition Area/Interfacility Traffic Area Citizens' Advisory
Committee membership(Requested by Council Members Henley, Remick, Rouse, and Schulman)
7. Resolution to DIRECT the City Manager to identify sources offunding re expansion of the Parks
After Dark Program to serve the Level Green Neighborhood (Requested by Council Members
Hutcheson, Remick, Rouse, and Wooten)
8. Ordinance to AUTHORIZE temporary encroachments into two City-owned drainage and canal
easements re maintain an existing concrete driveway and to construct and maintain a vinyl
bulkhead with returns, and to remove and replace an existing wood dock at 1816 Duke of York
Quay DISTRICT 8
9. Ordinance to ACCEPT and APPROPRIATE $297,282 from the Fund Balance of the Sheriff's
Office Special Revenue Fund and to TRANSFER up to $380,000 in vacancy savings within the
General Fund to the FY2023-24 Sheriff's Office Operating Budget re increased food and medical
costs
June 4, 2024
22
AGENDA REVIEW SESSION
ITEM#75 752
(Continued)
10. Ordinance to ACCEPT and APPROPRIATE $111,250 from the Virginia Department of
Behavioral Health and Development Services via the Regional Fiscal Agent, Wester Tidewater
Community Services Board to the FY2023-24 Human Services Operating Budget re Regional
Mobile Crisis Response Programs
11. Ordinance to APPROPRIATE$184,654 from the Fund Balance of the Commonwealth Attorney's
Forfeited Assets Special Revenue to the FY2023-24 Commonwealth Attorney's Operating Budget
re execution of a records digitization contract
K. ORDINANCES/RESOLUTIONS:
COUNCIL MEMBERS HENLEY,HUTCHESON, ROUSE, TAYLOR AND WOO TEN WILL VOTE
VERBAL NAY ON ITEM#5
COUNCIL MEMBER TAYLOR WILL ABSTAIN ON ITEM#7
June 4, 2024
23
AGENDA REVIEW SESSION
ITEM#75 752
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. MILITARYA VIA TIONMUSEUM/VIRGINIA BEACH AIRPORT,LLCfor a Modification of
Conditions to a Conditional Use Permit re expand operating hours and add more defining criteria
for special events at 1341 Princess Anne Road DISTRICT 2
2. CITY OF VIRGINIA BEACH/MICHELS FAMILY, LLC for a Modification of Conditions
(Amend Deed of Conditions & Restrictions) re operation of the Office of Voter Registrar and
Central Absentee Precinct at 500 Studio Drive& 599 Studio Drive, Suites 2A &2B DISTRICT 3
3. MILESTONE MANOR,LLC/CAL VAR Y ASSEMBL Y OF GOD for a Conditional Use Permit
re day-care center in religious use at 4925 Providence Road DISTRICT 1
4. MICHELE CLELAND for a Conditional Use Permit re wildlife rehabilitation center at 2285
London Bridge Road DISTRICT 5
5. SAMANTHA CARROWfor a Conditional Use Permit re short-term rental at 905 Pacific Avenue,
Unit C DISTRICT 5
6. SUSANNE M. COLLIGONfor a Conditional Use Permit re short-term rental at 304 281"Street,
Unit 208 DISTRICT 6
7. Ordinance to AMEND Section 103 of the City Zoning Ordinance (CZO) re granting of
modifications by the Zoning Administrator
8. Ordinance to AMEND Section 1906 of the City Zoning Ordinance (CZO) re the composition of
the Old Beach Design Review Committee
June 4, 2024
24
ITEM#75 753
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.•
SECURITY MATTERS:Discussion ofplans to protect public safety as it
relates to terrorist activity or specific security threats or vulnerabilities
and briefings by staff members, legal counsel, or law enforcement or
emergency service officials concerning actions taken to respond to such
matters or a related threat to public safety; discussion of information
excluded from this chapter pursuant to subdivision 3 or 4 of Section 2.2-
3705.2, where discussion in an open meeting would jeopardize the safety
of any person or the security of any facility, building, structure,
information technology system, or software program; or discussion of
reports or plans related to the security of any governmental facility,
building or structure, or the safety of persons using such facility, building
or structure pursuant to Section 2.2-3 711(A)(1 9).
• Building 1
PERSONNEL MATTERS:Discussion, consideration of, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
• Council Appointee Evaluations
June 4, 2024
25
ITEM#75 753
(Continued)
Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council voted
to proceed into CLOSED SESSION at 5:12 P.M.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth" Remick Jennifer Rouse, Joashua F.
"Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and
Sabrina D. Wooten
Council Members Absent:
Dr.Amelia N. Ross-Hammond—stepped out during the vote
Break 5:12 P.M. — 5:17 P.M.
Closed Session 5:17 P.M. — 5:45 P.M.
June 4, 2024
26
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JUNE 4,2024
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City
Council Chamber, City Hall, on Tuesday,June 4, 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 ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
CITY COUNCIL DISCLOSURES:
Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna
Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102,
Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of
Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest
in numerous matters in which she is not personally involved and of which she does not have personal
knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for
each meeting of City Council for the purpose of identifying any matters in which she might have an actual
or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies
a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
June 4, 2024
27
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.
June 4, 2024
28
VILF
CERTIFICATION
ITEM#75 754
Upon motion by Council Member Berlucchi, seconded by Council Member Rouse, 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
June 4, 2024
p4
9R�S o� ��ONS EE
OUR Np
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#75 753 on Page 25 and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
A a a arnes, M C
City Clerk
June 4, 2024
29
ITEM— VILG.1
MINUTES
ITEM#75755
Upon motion by Council Member Ross-Hammond, seconded by Council Member Remick, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 21,2024
Voting: 8- 0
Council Members Voting Aye:
Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson,Robert W.
"Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Chris
Taylor and Sabrina D. Wooten
Council Members Abstaining:
Michael F. Berlucchi,Joashua F. "Joash"Schulman and Vice Mayor
Rosemary Wilson
Council Members Absent:
None
June 4, 2024
30
ITEM— VII.H.l
MAYOR'S PRESENTATIONS
ITEM#75756
RESOL UTION IN RECOGNITION
CAPTAINHARRYMCBRIEN
On behalf of Mayor Dyer, Council Member Remick welcomed Captain Harry McBrien and read the
Resolution recognizing him for his service to the City and community for twenty-eight(28)years as well as
his service to the country while serving as a reservist in the United States Marine Corps. On behalf of City
Council, Council Member Remick expressed the Body's gratitude and appreciation as a public servant
whose leadership and commitment to public safety has immensely benefited the City and wished him well
upon his retirement.
Captain McBrien expressed his sincere appreciation to City Council for this recognition and advised it has
been his honor to serve this great City. Captain McBrien further expressed his appreciation to his wife for
her support for over thirty(30)years.
June 4, 2024
nav*'B�e
s� y�
<¢<6
Wq%NRha�
RE.SOL=ON
WHEREAS: In 1989,Harry enlisted in the Marine Corps Reserves.Upon completing Recruit Training at Marine Corps Recruit Depot Parris
Island,he was assigned to Marine Air Control Squadron 24(MACS-24),Dam Neck VA;and
WHEREAS:In 1990,Harry attended Tidewater Community College until graduation in May 1992 receiving an Associate Degree of Liberal Ards.
In August 1992,he transferred to Old Dominion University until graduation in 1994 receiving his Bachelor of Arts in Political Science;and
WHEREAS: In January 1996,Harry attended the Virginia Beach Police Academy and graduated in June 1996. Upon Graduation from the
academy,he was assigned to the 4'8 Precinct where he worked as a patrol officer and a Community Policing Officer;and
WHEREAS: In August 2001,Harry was transferred to Professional Development and Training serving as the department recruiter and academy
instructor until June 2006;and
WHEREAS:In August of 2002,Harry was activated and deployed with MACS-24(MACS-2)in support of Operation Southern WatchlOperation
Iraqi Freedom to Jordan serving as a Senior Air Director;and
WHEREAS:In June 2006,Harry was promoted to the rank of sergeant and was transferred to the 2"d Precinct. In September of 2006,he was
transferred the 4`"Precinct as a patrol sergeant;and
WHEREAS: In December of 2006,he was activated and deployed as Operations Chief,6d'Provisional Security Company,Djibouti,Africa in
support of Operation Enduring Freedom.His collateral duty during this deployment was Port Security Officer responsible for security of all U.S.
ships while in Port of Djibouti;and
WHEREAS:In May of 2009,Lieutenant McBrien was activated and deploved as part of Marine Air Control Group—28 Detachment FWD,Al Asad,
Iraq serving as Assistant Operations Officer and Senior Enlisted Advisor.Each time he was serving abroad Harry worked with organizations to
better communities in those countries,such as Flip Flops for Africa,which provided shoes to children;and
WHEREAS: Harry served as Crime Prevention Unit Supervisor before being promoted to Lieutenant on October 1,2012. As a precinct lieutenant
he served as shift commander at the 3'1 Precinct.Harry then served as 2nd Precinct Special Events Coordinator from April 2013 to 2016. Harry was
then assigned to Special Operations as the Tactical Commander of the SWAT Team. He then served as the Narcotics and Vice Lieutenant of Special
Investigations for three years;and
WHEREAS:Harry was promoted to the rank of captain and transferred to take command of the 2"d Precinct on April 22"d,2021;and
WHEREAS: Harry was responsible for focusing on three main areas.Under his supervision,violence at the Oceanfront was drastically reduced by
over eighty percent during a three year period. This was achieved by working with internal and external stakeholders. He would conduct monthly
bar meetings to bring everyone together to reduce crime and bad behavior and held precinct musters in the field.The section area offocus was the
quality of life along the 17'^Street corridor and Seatack. He worked with city,state,federal and private entities to reduce crime while focusing on
quality-of--life issues in Atlantis,Friendship Village,Colony Trailer Park;and Trailer City. His actions to improve quality of life for children in these
communities included coordinating Kona Ice Trucks to give out snow cones to children and adults,driving children on a charter bus to Lights at the
Beach,touring the ODU campus sports facilities,attending a Lady Monarchs basketball game and to see the Navy's newest aircraft carrier,U.S.S.
Gerald R.Ford(CVN-78).Lastly,Harry worked to recognize issues and try to find solutions to form a centralized location for J1 students providing
safe and adequate housing for seasonal workers;and
WHEREAS:Harry's military awards include a Meritorious Service Medal with a gold star in lieu of a second award,Joint Services Commendations
Medal and Veteran of Foreign Wars Officer of the Year Award. While assigned to the VBPD,Harry also received thirty-two letters of
accommodation,five class act awards,and two public service medals;and
WHEREAS: Harry and his wife serve as Co-Chairs of the Old Dominion Athletic Foundation Legacy Society where they have helped raise over
four million dollars towards athletic scholarships through planned estate giving;and
WHEREAS:On this day,we honor a public servant whose leadership and commitment to public safety has immensely benefited the City.As he steps
into a new role as a private citizen,he will always be respected and appreciated for going above and beyond the call of duty;and
NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby expresses its gratitude and appreciation to HARRY
McBRIEN for his outstanding service to our City and our Police Department for over twenty-eight years.
Adopted by the Council of the City o Virginia Beach, Virginia the 4'"day of June,2024 and present this Resolution duly signed by each Member of
the Virginia Beach City Council co ead upon the Minutes
-�of this meeting.
CounnlMem6erMichatlq: hi CouncrC9Wem6erBar6araM.7fenC CounciCMember0avi 7futcheson
Councdwem6er9?p6ert'W."Worth"&mick Counrdwem6eror.Amelia 4RpssMlammond u em6erJennifer use
Cound9ifemberloashua Schufman CouncitNember iiisTaylor ouncifM.6erSa6rinaQWooten
i
Vice MayorWpsemary 'Lso� Mayor4tp6ert' .°Bobby yer
31
ITEM— VII.H.2
MAYOR'S PRESENTATIONS
ITEM#75 75 7
PROCLAMATION
SERGEANT TRICIA J.SHELTON
VBPD FIRST AFRICAN AMERICAN FEMALE SERGEANT
On behalf of Mayor Dyer, Council Member Wooten welcomed Sergeant Tricia J. Shelton and read the
Proclamation recognizing her as not only an exceptional officer but also the first black female to achieve
the rank of sergeant in the Police Department's history. Council Member Wooten called upon all citizens
to join City Council in celebrating Sergeant Shelton's promotion, accomplishments, and dedication she has
showed throughout her career in the Virginia Beach Police Department.
Sergeant Shelton expressed her appreciation to City Council, members in the Police Department and her
family for their continuous support and encouragement, adding, it is an honor to receive recognition for
breaking this barrier.
June 4, 2024
¢G1t�11A•BEA`!„i gple
p� �
w. r 4
Of
OUR NW*
M
Proclamation
uftereaz Sergeant Tricia 1.Sheftm daughter of&se Davis and mother of two children,TerrellShelton,and
Tashia Shelton:and
`6*ereas In 2000- 2007 Sergeant Shelton obtained her 6achelor's degree in criminal justice at Virginia
'Wesleyan College,•and
Wier= Sergeant Trivia took speciahzed tratnings in rDC9S General Instructor, Crisis Intervention Team
(CLT� Crime Scene Officer(CSO� W-4darandBreath Tech Certifw4 Advance Interviewing and
Interrogation,and Leadership in Police Organizations(LTO•and
loiere= Sergeant Shelton has served in`Uniforms patrol at 4's Precinct rPatroC 2i6 Precinct Patrol-Summer
Beat, to the(Detective Bureau-3fissing Terson,domestic Violence, 1' Precinct Crimes,and Special
Victims unit,Wem6erTscruiting andiYfentonng Team;and
U*em= In 2012 she surviveda jet plane crash•and
u 4er= In 2015-2017she has received 1 letterofappreciation and Commendation and3 CiassActAwards;
and
'Wf4e= In 2018 she was awarded by the Detective Bureau EXceffence and Vnit Citation as the Lead
detective, coffectively worked with the team to investigate the Ashanti Bi&missing person case,-
and
4M4erea.: Sergeant Shelton was promoted as a Master Pofxe Officer in 2017;and
V4Awnw On 3farch 21, 2024, the'"rginia Beach Pohce(Department proudly announced the promotion and
swearing in of the Eirst 6lackfemafe Sergeant,Tricia Shelton,at the Virginia Beach City 5falx and
`GVKer= Chief Neudrgate remarked'"As we gather here this morning,we are not just celebrating a promotion;
we are celebrating a breaking of Garners. Tricia is not ony an c.Wtional officer but arso the first
61ack female to achieve the rank of sergeant in our department's history;the very first in 61 years.
4his milestone is not just a testament to herdedwation andhardwork but also to the progress we are
making as an organization"
Now,2frerefne,1,Wpbert M. Dyer,Wayorof the City of Virginia Beach,'Virginia,do hereby Proclaim
Sergeant 2rieia 1. Shelton as the first African American Female
Sergeant in the Virginia Beach Torke Department
In Virginia Beack I call upon all the Citizens in our beloved Virginia Beach to join me in cel6rating Sergeant
Shelton's promotion,accomplishments,and dedication she has showed throughout her career in the Virginia Beach
PPolwe Department.
In VNitness V4/hereof, I have hereunto set my hand and caused the Officia(Sea(of the City of Virginia Beach,
Virginia,to be aged this(Fourth(Day of June,Two 4housandTwenty-Four.
w
Mert 94. Bobby"(Dyer
.`Mayor
32
ITEM— VU H.3
MAYOR'S PRESENTATIONS
ITEM#75758
PROCLAMA TION
48'h ANNIVERSARY OF CHAPTER CHARTER
Mayor Dyer welcomed Dr. Tanja Arrington Mayfield and read the Proclamation recognizing June 5, 2024
as, `ALPHA KAPPA ALPHA SORORITY, INCORPORATED, LAMBDA GAMMA OMEGA DAY".
Lambda Gamma Omega Chapter of Alpha Kappa Alpha Sorority was chartered by nineteen (19)
professional women on June 5, 1976 and has served the City's residents through various projects and
programming ever since. Mayor Dyer called call upon all citizens to recognize "the good work" of this
organization that benefits the citizens of Virginia Beach.
Dr. Arrington Mayfield expressed her appreciation to City Council for their continuous support and this
recognition.
June 4, 2024
Ate
Upp
6
OUR NArOl�'
Proclamation
Whereas: On,dune S, 1976, the Lam6da Gamma Omega Chapter of Alpha 7CqppaACpha
Sorority,Incorporated was chartered 6y 19 professional women in the City of Virginia
Beach, Virginia;and
TOereas: Lambda Gamma Omega was the firstAfrican,American, GreekLetter organization to
have a chapter in the City of Virginia Beach;and
Wier s: For 48 years,Lambda Gamma Omega has served the citizens of Virginia Beach and
the surrounding 7fampton Wgads area through various community service projects,
work§hops, tutoriafprograms, andheafthscreenings;and
U44reas: For 48 years, Lambda Gamma Omega has served the citizens of Virginia Beach via
fooddiives, coat drives, 600kdrives,and by providing academic scholarships;and
'GW iiereas: Lambda Gamma Omega continued its service to the citizens of Virginia Beach during
the COVID crisis and continues to do so today with its outstanding programming.
Now,Therefore I,Wp6ert M. "Bo66y"Dyer,Mayor of the City of Virginia Beach, Virginia,do
hereby proclaim:
48tFi./anniversary of Chapter Charter
In 'Virginia Beach, I call upon all citizens to recognize "the good worC of this organization that
benefits the citizens of Virginia Beach, on its 4fflh charter anniversary of,dune Sth and recognizes
this day as Alpha 7(Fcppa Alpha Sorority, Incorporated, Lambda Gamma Omega Day in the great
City of Virginia Beach.
In Wtness Ufwreof, 1 have hereunto set my hand and caused the Official Seal of the City of
Virginia Beach, Virginia, to be afJIked this Fourth Day of June,Two thousand andTwenty-Four.
Wgbert 9,t. "Bo66y"Dyer
Mayor
33
ITEM— VUH.4
MAYOR'S PRESENTATIONS
ITEM#75759
PROCLAMATION
LGBTQ PRIDE MONTH
On behalf of Mayor Dyer, Council Member Berlucchi welcomed several citizens of the LGBTQ community
to come forward as he read the Proclamation declaring June 2024, "PRIDE MONTH". Council Member
Berlucchi called upon all citizens to eliminate prejudice everywhere it exists and join the Body in
celebrating the great diversity of the community as we work to build a culture of inclusion and acceptance.
Several recipients expressed their appreciation to City Council for their continuous support and this
recognition.
June 4, 2024
-atiQ'G�B�'�'
�rroF oun W,no�'�
�D C��11��tiD�t
"4ereas. the City of'Virginia Beach remains committed to fostering an inclusive community that welcomes and empowers all
In an effort towards continued improvement of the fives of our worf force and citizens,an LGBTQLiaison has been
identified in each of our pu6fac safety departments and in the City 94anager's Office.The Liaisons examine the city's
policies and services through an LGBTQ lens and provide a friendly ear to constituents or staff wishing to bring
LGBTQrelated issues to the attention city government, which has led to the City of'Virginia Beach receiving a
perfect score on the 9fuman fthts Campaign's 9Kunicipal'Equafity Yule)•and
U4ereas' This City's LGBTQ Community members, through tireless volunteerism and advocacy, build strong community
partnerships connecting LGIBTQyouth, teens,adults,andfamifies to supportive resources that enhance the physical-
mental- and social wel=being of our entire community whip demonstrating the capacity of the creative, social
economic,and influentiafforce of the LGBTQCommunity and its allies to effect positive change where we live,where
we wort,and where we play,and
%*ereas. In the movement toward equal'thtsfor lesbian,gay, bisexual-and transgender(LGBTQ people,a historic turning
point occurred on June 28, 1969, in New Tork City, with the onset of the Stoneuvff Wiots. (During these riots,
LGBTQ citizens rose up and fought against the discriminatory criminal laws that have since been declared
unconstitutional-and
V4ereas: June is cerebratedas LGBTQPride Month nationwide andLGBTQptide celebrations have taken place around the
country every June to commemorate the beginning of the Stonewalf($iots,and
U4ereas June 2024 wiff mark 35 years of summertime festivals, now known as(AideT'est, hosted by 7fampton gads(pride,
who will host Pride at the Beach at the Oceanfront in the City of'Pirginia Beach on Sunday,June 23,2024;and
%4ierws: 'Virginia Beach citizens continue to celebrate unity,embrace diversity,and instil pride in our region's LGBTQand
allied communities 6y increasing visibility and promoting fulfhuman and civil rights of LGBTQyeopfe;and
4l4em4s: It is imperative that ad peophe in the community, regardless of sexual orientation orgender identity, are respected,
safe,empowerei4 andsupported by theirpeers,educators,andcommunity leaders.
Now TTuttfvre,1 Ebert 911.(Dyer,Wayor of the City of Virginia Beach,'Virginia,do hereby proclaim:
,dune 2024
Pride -Wonth
In Virginia&.adi and I calCon alCour citizens to eliminate prejudice everywhere it exists and askyou to join me in celebrating the
great diversity of our community as we work to 6uifda culture of inclusion andacceptance.
In%&'neu%*ereof,I have hereunto set my hand and caused the Offiial'SeaCof the City of Virginia Beach,'Virginia,to be affixed
this Tourth(Day of June,Two ThousandTwenty four,
712
9?96ert 9K. `(o66y"(Dyer
Wayor
34
ITEM— VILL]
PUBLIC HEARINGS
ITEM#75 760
Mayor Dyer DECLARED a PUBLIC HEARING:
ACQUISITION, BY AGREEMENT OR CONDEMNATION
17`"Street Improvements Phase I Pacific Avenue to Cypress
Avenue Project, CIP 100001
There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING
June 4, 2024
35
ITEM— V.HL2
PUBLIC HEARINGS
ITEM#75 761
Mayor Dyer DECLARED a PUBLIC HEARING:
LEASE OF CITY PROPERTY—OLD COAST GUARD STATION
24`h Street and Atlantic Avenue
There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING
June 4, 2024
36
ITEM— VILJ.1
FORMAL SESSION AGENDA
ITEM#75 762
Mayor Dyer read the Speaker Policy and advised for items where only one (1) speaker is registered, the
City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items.
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
APPROVED,BY CONSENT,Agenda Items Ordinances/Resolution K. 1, 2,3, 4, 5, 6, 7, 8, 9, 10 and 11
and Planning L: 1, 2,3,4, 5, 6, 7 and 8
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
June 4, 2024
37
ITEM— VII.K.1
ORDINANCESIRESOL UTIONS
ITEM#75 763
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition of property in fee simple for the
Parliament Drive Sidewalk Improvements Phase H Project, CIP 100301 and the acquisition of temporary
and permanent easements, either by agreement or condemnation re community improvement, and
pedestrian and bicycle enhancements
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
June 4, 2024
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION IN FEE SIMPLE FOR THE
3 PARLIAMENT DRIVE SIDEWALK
4 IMPROVEMENTS PHASE II PROJECT, CIP
5 100301, AND THE ACQUISITION OF
6 TEMPORARY AND PERMANENT EASEMENTS
7 EITHER BY AGREEMENT OR
8 CONDEMNATION
9
10 WHEREAS, the Parliament Drive Sidewalk Improvements Phase II Project, CIP
11 100301 (the "Project") is part of the Transportation Alternatives Set Aside Program for
12 community improvement, and pedestrian and bicycle enhancements throughout the City;
13
14 WHEREAS, the Project will provide a 5-foot-wide concrete sidewalk along the
15 southern side of Parliament Drive from east of Green Kemp Road to the Arrowhead Plaza
16 Shopping Center, a total distance of approximately 1,100 feet(0.21 miles). The proposed
17 sidewalk will tie into the existing sidewalk at the Arrowhead Plaza Shopping Center on the
18 west and the existing sidewalk just east of Green Kemp Road. The Project also includes
19 new ADA-accessible curb ramps at the intersections of Parliament Drive with Green Kemp
20 Road and Gallant Fox Road; piping for the existing drainage ditch; new curb and gutter;
21 utility adjustments and new sanitary sewer laterals;
22
23 WHEREAS, the Project work will occur mainly within the existing right-of-way;
24 however, property and/or drainage and temporary construction easements are needed
25 along 9 parcels within the Project boundary for adjusting drainage and utility facilities and
26 properly aligning the new sidewalks at intersections; and
27
28 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
29 public necessity exists for the construction of this important Project to provide accessibility
30 and safety improvements for pedestrian access to the surrounding areas, for the
31 preservation of the safety, health, peace,good order, comfort and convenience and for the
32 welfare of the people in the City of Virginia Beach.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
35 VIRGINIA BEACH, VIRGINIA:
36
37 Section 1. That the City Council authorizes the acquisition by purchase or
38 condemnation pursuant to Sections 15.2-1901, et sec., and Title 25.1 of the Code of
39 Virginia of 1950, as amended, of all that certain real property in fee simple, including
40 temporary and permanent easements (the "Property"), as shown on the Project plans
41 entitled"PARLIAMENT DRIVE SIDEWALK IMPROVEMENTS PHASE II CIP NO. 100301"
42 and more particularly described on the acquisition plats for the Project (plats and plans
43 collectively referred to as the `Plans"), the Plans being on file in the Engineering Division,
44 Department of Public Works, City of Virginia Beach, Virginia.
45
46 Section 2. That the City Manager is hereby authorized to make or cause to be made
47 on behalf of the City of Virginia Beach,to the extent that funds are available, a reasonable
48 offer to the owners or persons having an interest in said Property. If refused, if the property
49 owners are unable to convey clear title,or if the owners cannot be identified or located,the
50 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings
51 to condemn to acquire title to the Property.
52
53 Adopted by the Council of the City of Virginia Beach,Virginia,on the 4 t h day of
54 June ___-___ , 2024.
CA16480
R-1
04/08/2024
\\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocsW012\p048\00959323.doc
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SUFFICIENCY AND FORM
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Prepared by P.W./Ena./Ena. Support Services Bureau 04/09/2024 X:\CADD\Projects\ARC Files\CIP\2024 CIP\CIP 100301 Aenal.mxc
38
ITEM— VII.K.2
ORDINANCESIRESOL UTIONS
ITEM#75 764
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for
City-owned property for up to four (4)years at Virginia Beach Farmers Market, Building 1, Space 9 re
Andrew Skipper d/b/a Skipper Farms
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
June 4, 2024
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER
2 TO EXECUTE A LEASE FOR UP TO 4 YEARS WITH
3 ANDREW SKIPPER D/B/A SKIPPER FARMS FOR CITY-
4 OWNED PROPERTY KNOWN AS BUILDING 1, SPACE
5 9 IN THE VIRGINIA BEACH FARMERS MARKET
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia
8 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia (the
9 "Farmers Market");
10
11 WHEREAS, the City issued a Request for Proposals for Space 9 in Building 1 at
12 the Farmers Market, which consists of approximately 960 sq. ft. of space (the
13 "Premises") and received one submittal from Andrew Skipper d/b/a Skipper Farms
14 ("Skipper Farms");
15
16 WHEREAS, Skipper Farms has leased the Premises since 2005 and desires to
17 enter into a new lease with the City;
18
19 WHEREAS, the Premises will be utilized for farm-produced items such as
20 produce, flowers, plants, wreaths, Christmas trees, canned items, cheese, eggs, honey,
21 meats, peanuts and related items, and for no other purpose; and
22
23 WHEREAS, Skipper Farms has agreed to pay the City rent in the amount of
24 $11,591.12 annually ($965.93 per month) for the first year of the term, with a five
25 percent (5%) annual rent escalation for each year thereafter.
26
27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby authorized to execute a lease for up to 4 years
31 between Andrew Skipper d/b/a Skipper Farms and the City for the Premises, in
32 accordance with the Summary of Terms, attached hereto as Exhibit A and made a part
33 hereof, and such other terms, conditions or modifications as may be acceptable to the
34 City Manager and in a form deemed satisfactory by the City Attorney.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of
37 June 2024.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
City A mey ub is Work / Real Estate
CA 16046
\\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d029\p046\00962487.doc
R-1
May 7, 2024
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach (the "City")
LESSEE: Andrew Skipper d/b/a Skipper Farms
PREMISES: Building 1, Space 9, consisting of 960+/- square feet
TERM: July 1, 2024 through June 30, 2027, with one (1) additional one-
year renewal option
RENT: Initial rent of$11,591.12 annually ($965.93 per month)for the first
year of the Term, with a five percent (5%) annual escalation for
each year thereafter
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for the sale of farm-produced items such as produce, flowers,
plants, wreaths, Christmas trees, canned items, cheese, eggs, honey, meats,
peanuts and related items, and for no other purpose.
• Maintain in good condition and repair the electrical systems serving the
Premises, including existing outlets and installation of additional outlets.
• Maintain the Premises in good condition and repair, clean and sanitary, free of
dirt, dust, grime, grease, trash, refuse and vermin.
• Payment of all assessed fees and taxes.
• Purchase and maintain commercial general liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain and repair air conditioning, ventilation and heating systems, plumbing
and other building systems that service the Premises, except electrical system.
• Maintain common areas of the Farmers Market and maintain and/or replace the
structural elements of the Premises, including exterior walls, roofs, floors and
foundation.
TERMINATION:
• City has special right to terminate if necessary for a public purpose by giving
one hundred eighty (180) days' advance written notice to the Lessee, upon
action by City Council. The Lessee has the right to terminate for any reason by
giving ninety (90) days' advance written notice to the City.
39
ITEM— VII.K.3
ORDINANCESIRESOL UTIONS
ITEM#75 765
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for
City-owned property for up to four (4)years at Virginia Beach Farmers Market, Building 3, Space 13 re
S&H Produce,Inc.
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
June 4, 2024
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER
2 TO EXECUTE A LEASE FOR UP TO 4 YEARS WITH
3 S&H PRODUCE, INC. FOR CITY-OWNED PROPERTY
4 KNOWN AS BUILDING 3, SPACE 13 IN THE VIRGINIA
5 BEACH FARMERS MARKET
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the Virginia
8 Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, Virginia (the
9 "Farmers Market');
10
11 WHEREAS, the City issued a Request for Proposals for Space 13 in Building 3 at
12 the Farmers Market, which consists of approximately 960 sq. ft. of space (the
13 "Premises") and received one submittal from S&H Produce, Inc., a Virginia corporation
14 ("S&H Produce");
15
16 WHEREAS, S&H Produce has leased the Premises since 2005 and desires to
17 enter into a new lease with the City;
18
19 WHEREAS, the Premises will be utilized for the sale of local fresh vegetables
20 and fruits, raw local honey, Virginia peanuts, fresh eggs, and related items, and for no
21 other purpose; and
22
23 WHEREAS, S&H Produce has agreed to pay the City rent in the amount of
24 $10,086.30 annually ($840.53 per month) for the first year of the term, with a five
25 percent (5%) annual rent escalation for each year thereafter.
26
27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby authorized to execute a lease for up to 4 years
31 between S&H Produce, Inc. and the City for the Premises, in accordance with the
32 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such
33 other terms, conditions or modifications as may be acceptable to the City Manager and
34 in a form deemed satisfactory by the City Attorney.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of
37 June _ --- _--- 2024.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
Lb
City Attorney ub is Works / Real Estate
CA15827
1lvbgov.comldis 1lapplicationslcitylawlcycom321wpdocs1d0291p047100962510.doc
R-1
May 7, 2024
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach (the "City")
LESSEE: S&H Produce, Inc., a Virginia corporation
PREMISES: Building 3, Space 13, consisting of 960+/- square feet
TERM: July 1, 2024 through June 30, 2027, with one (1) additional one-year
renewal option.
RENT: Initial rent of$10,086.30 annually($840.53 per month)for the first
year of the Term, with five percent (5%) annual escalation for
each year thereafter
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for the sale of local fresh vegetables and fruits, raw local honey,
Virginia peanuts, fresh eggs, and related items, and for no other purpose.
• Maintain in good condition and repair the electrical systems serving the
Premises, including existing outlets and installation of additional outlets.
• Maintain the Premises in good condition and repair, clean and sanitary, free of
dirt, dust, grime, grease, trash, refuse and vermin.
• Payment of all assessed fees and taxes.
• Purchase and maintain commercial general liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain and repair air conditioning, ventilation and heating systems, plumbing
and other building systems that service the Premises, except electrical system.
• Maintain common areas of the Farmers Market and maintain and/or replace the
structural elements of the Premises, including exterior walls, roofs, floors and
foundation.
TERMINATION:
• City has special right to terminate if necessary for a public purpose by giving
one hundred eighty(180) days' advanced written notice to the Lessee, upon
action by City Council. The Lessee has the right to terminate of any reason by
giving sixty (60) days' advanced written notice to the City.
40
ITEM— VII.K.4
ORDINANCESIRESOL UTIONS
ITEM#75 766
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the donation of all remaining "No Cursing"
signs to the Virginia Beach Police Foundation(Requested by Mayor Dyer and Vice Mayor Wilson)
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
June 4, 2024
REQUESTED BY MAYOR DYER AND VICE MAYOR WILSON
1 AN ORDINANCE TO DONATE REMAINING "NO CURSING"
2 SIGNS TO THE VIRGINIA BEACH POLICE FOUNDATION
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6
7 That the City Council hereby authorizes the donation of all remaining "No Cursing"
8 signs to the Virginia Beach Police Foundation. The signs are to be donated in "as is,
9 where is" condition.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4 th day of
June 2024.
APP VED AS TO LEGAL SUFFICIENCY:
ity Attorney's Office
CA16511
R-1
May 17, 2024
41
ITEM— 1/II.K.5
ORDINANCESIRESOL UTIONS
ITEM#75 76 7
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Resolution to DIRECT the City Manager to undertake a Request for
Proposals process re procure a study providing a Strengths, Weaknesses, Opportunities, and Threats
(SWOT)Analysis focusing on the pros and cons of collective bargaining(Requested by Mayor Dyer)
Voting: 6-5
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Robert W. "Worth"
Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman
and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, David Hutcheson, Jennifer Rouse, Chris Taylor and
Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
REQUESTED BY MAYOR DYER
1 A RESOLUTION TO DIRECT THE CITY MANAGER TO
2 UNDERTAKE A REQUEST FOR PROPOSALS PROCESS
3 TO PROCURE A STUDY PROVIDING A SWOT ANALYSIS
4 FOCUSING ON THE PROS AND CONS OF COLLECTIVE
5 BARGAINING
6
7 WHEREAS, the Mayor has proposed the initiation of a Request for Proposals
8 process to obtain a study to provide an independent SWOT analysis (Strengths,
9 Weaknesses, Opportunities, and Threats) focused on the pros and cons of collective
10 bargaining;
11
12 WHEREAS, the proposed study would include examining the experiences of other
13 cities that are similar to Virginia Beach to assist the City Council and the public in
14 understanding the myriad of issues related to collective bargaining-,
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA, THAT:
18
19 The City Manager is hereby directed to undertake a Request for Proposals process
20 to procure a study providing a SWOT analysis focused on the pros and cons of collective
21 bargaining. The City Manager is authorized to use existing funds, such as the Reserve
22 for Contingencies or anticipated vacancy savings, to fund the proposed study.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 4 t h day
of .Tune 2024.
APPROVED AS TO LEGAL
SUFFICIENCY:
i y ttorney's Office
CA16509
R-2
May 22, 2024
42
ITEM— VII K.6
ORDINANCESIRESOL UTIONS
ITEM#75 768
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Resolution to AMEND the Transition Area/Interfacility Traffic Area
Citizens'Advisory Committee membership (Requested by Council Members Henley, Remick, Rouse, and
Schulman)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
REQUESTED BY COUNCILMEMBERS HENLEY, REMICK, ROUSE, AND
SCHULMAN
1 A RESOLUTION REGARDING THE MEMBERSHIP OF
2 THE TRANSITION AREA/INTERFACILITY TRAFFIC AREA
3 CITIZENS' ADVISORY COMMITTEE
4
5 WHEREAS, in 2013, the City Council established the Transition Area/Interfacility
6 Traffic Area Citizens' Advisory Committee ("TA/ITA CAC") to serve as a liaison between
7 the residents and businesses of the Transition Area and ITA and the City Council;
8
9 WHEREAS, in December 2022, the City Council adopted the recommendations
10 of the Citizens Committee on Boards and Commissions, including a recommendation
11 encouraging the City Council's appointive agencies to create opportunities for student
12 involvement; and
13
14 WHEREAS, the TA/ITA CAC recently voted to request that the City Council add
15 two non-voting student members to the committee's membership;
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRIGNIA BEACH, VIRGINIA:
19
20 That two non-voting student members are hereby added to the membership of
21 the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee. The student
22 members may be rising juniors or seniors who will be appointed to one-year terms on a
23 fiscal year basis, and the non-voting student members shall not be counted when
24 determining quorums.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 th day of
June , 2024.
APPROVED AS TO LEGAL
SUFFICIENCY:
Deputy City Attorney Roderick Ingram
CA16528
R-1
May 24, 2024
43
ITEM— VU K.7
ORDINANCESIRESOL UTIONS
ITEM#75769
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Resolution to DIRECT the City Manager to identify sources of funding re
expansion of the Parks After Dark Program to serve the Level Green Neighborhood (Requested by
Council Members Hutcheson, Remick, Rouse, and Wooten)
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, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Abstaining:
Chris Taylor—Due to lack of information
Council Members Absent:
None
June 4, 2024
REQUESTED BY COUNCILMEMBERS HUTCHESON, REMICK, ROUSE, AND
WOOTEN
1 A RESOLUTION TO DIRECT THE CITY MANAGER TO
2 FIND SOURCES OF FUNDING FOR THE EXPANSION OF
3 THE PARKS AFTER DARK PROGRAM TO SERVE THE
4 LEVEL GREEN NEIGHBORHOOD
5
6 WHEREAS, the City initiated a Parks After Dark Pilot by ordinance adopted
7 February 7, 2023, with an initial location at Williams Farm Park;
8
9 WHEREAS, the FY2025 Reconciliation Letter included an item to expand the
10 Parks After Dark Program to include the Green Run area of the City with implementation
11 in the summer of 2025;
12
13 WHEREAS, Councilmember Wooten has recommended a third location to serve
14 the Level Green Neighborhood with a suggested location of Providence Park until such
15 time as the construction at Level Green Park is completed;
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA, THAT:
19
20 The City Manager is hereby directed to find sources of funding for the expansion
21 of the Parks After Dark Program to serve the Level Green Neighborhood. The City
22 Manager is to provide his funding recommendation to the City Council for its consideration
23 within two weeks of the adoption of this Resolution. The City Manager shall thereafter
24 allot time for the discussion of the funding recommendation at a subsequent Informal or
25 Workshop Session.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 4 t h day
of June , 2024.
APPROVED AS TO LEGAL
SUFFICIENCY:
Attor ey ice
CA16527
R-1
May 23, 2024
44
ITEM— VII.K.8
ORDINANCES/RESOLUTIONS
ITEM#75 770
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross Hamond, City Council
ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into two City-owned
drainage and canal easements re maintain an existing concrete driveway and to construct and maintain
a vinyl bulkhead with returns, and to remove and replace an existing wood dock at 1816 Duke of York
Quay DISTRICT 8
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
June 4, 2024
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 TWO CITY-OWNED DRAINAGE AND
6 CANAL EASEMENTS, LOCATED ON
7 1816 DUKE OF YORK QUAY
8
9 WHEREAS, Charles T. Phillips and Patricia A. Phillips, (the "Applicants") have
10 requested permission to maintain an existing concrete driveway with a maximum
11 encroachment of 55.0', and to construct and maintain 106 LF of vinyl bulkhead with 2'
12 returns, and to remove and replace an existing 13' X 6' wood dock, (collectively, the
13 "Temporary Encroachment") into a City-owned 80'and a 20'drainage and canal easement,
14 located on 1816 Duke of York Quay (GPIN: 1499-84-4591); and
15
16 WHEREAS, a previous encroachment for the existing bulkhead and wood
17 dock was approved by Council on October 20, 1980 and recorded in the aforesaid Clerk's
18 Office in Deed Book 2064 at page 645.
19
20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
22 the City-owned easements subject to such terms and conditions as Council may prescribe.
23
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles T. Phillips and Patricia
29 A. Phillips, their heirs, assigns and successors in title are authorized to construct and
30 maintain the Temporary Encroachment within the City-owned easements as shown on the
31 map entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR A PROPOSED VINYL
32 BULKHEAD AND EXISTING CONCRETE DRIVEWAY FOR CHARLIE PHILLIPS 1816
33 DUKE OF YORK QUAY 0.48 AC, LOT 78 CHELSEA M.B. 96, P. 5," Scale: 1" = 30', dated
34 January 15, 2024, prepared by Langley and McDonald, Inc, a copy of which is attached
35 hereto as Exhibit"A"and on file in the Department of Public Works and to which reference
36 is made for a more particular description;
37
38 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly
39 subject to those terms, conditions and criteria contained in the agreement between the City
40 of Virginia Beach, and Charles T. Phillips and Patricia A. Phillips (the "Agreement"), an
41 unexecuted copy of which has been presented to the Council in its agenda and will be
42 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia
43 Beach.
44
45 BE IT FURTHER ORDAINED, that the City Manager or his authorized
46 designee is hereby authorized to execute the Agreement; and
47
48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
49 such time as Charles T. Phillips and Patricia A. Phillips and the City Manager or his
50 authorized designee execute the Agreement.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 th
53 day of June , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
B IC WOR S / REAL ESTATE R. HARMEYER
SENIOR CITY ATTORNEY
CA16268
R-2
Prepared: 02/08/2024
11vbgov.com1dfs1\applications\citylawlcycom321wpdocs\d0311p027\00942415.doc
APPROXIMATE LOCATION pF- — F W
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-,ADJOINING BULKHEAD THRIFT II &
/F I HENRYS OFRNORFOLK QUAY
SHEILA CLIFFORD GUNTER DUKE 425220000
EX.13'X6'WOOD 1823 14998
REVOCABLE TRUST DOCK(REMOVE GPIN 20121001001138420
1819 DUKE OF NORFOLK QUAY AND REINSTALL INST• LOT 9 P• 5
GPIN: 14998424640000 AS NECESSARY) M.B 96.
INST: 20171211001054740
LOT 91 103 p3' PROPOSED 106LF
M.B. 96. P. 5 OF VINYL BULKHEAD
N 18'19�� 2 MAX
o gp WITH 2' RETURNS
R = EX. 80' 12' b\3- AO EX.
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_R FUHRMAN REVOCABLE TRUST EX. 20 I^ I 1820 DUKE OF YORK QUAY
DRAINAGE AND I I I GPIN: 14998446610000
M.B.AL EPAS 5 ENTi I I I INST: 20191118000978350
LOT 77
I I I I M.B. 96. P. 5
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1816 DUKE OF YORK QUAY M.B. 96 P. 5
GPIN: 14998445910000 i
1 3 I 6.33' D.B. 1418, P. 614 I
I o I M.BLO 6?P. 5 L_52.73' PIN(F) — — _ —
I I I �549.43 , — R=400.00
I PIN(F) 1. THIS PLAN WAS PREPARED WITHOUT THE
F BENEFIT OF A TITLE REPORT
PIN
445.81' TO ( ) DUKE OF YORK QUAY (50' R/W) 2, THIS EXHIBIT IS INTENDED FOR AN
QUEENS ELM PLACE (M.B. 96, P. 5) ENCROACHMENT REQUEST ONLY.
3. THE CITY OF VIRGINIA BEACH IS NOT
EXHIBIT "A" RESPONSIBLE FOR THE VERIFICATION OF THE
ENCROACHMENT REQUEST RESTRICTIONS REQUIRED BY OTHER
FOR A PROPOSED VINYL BULKHEAD Langley and McDonald Inc ASSOCIATIONS OR AGENCIES.
AND EXISTING CONCRETE DRIVEWAY 4. THIS EXHIBIT IS A RESULT OF FIELD TIES TO
FOR CHARLIE PHIWPS Engineers Planners Surveyors EXISTING MONUMENTS COMBINED WITH THE
1816 DUKE OF YORK QUAY 309 LYNNIIAVEN PARKWAY COMPILATION OF DEEDS AND PLATS SHOWN
0.48 AC. LOT 78 CHELSEA VIRGINIA BEACH,'VIRGINIA 23452 HEREON AND DOES NOT CONSTITUTE A
M.B. 96. P. 5 757-463-4306 (FAX)757-463-3563 BOUNDARY SURVEY
JANUARY 15, 2024
SHEET 1 OF 1
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this c—,-,day of 2024, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and CHARLES T. PHILLIPS and PATRICIA
A. PHILLIPS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, collectively "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "78", as shown on that certain plat entitled:
"CHELSEA LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100',
dated March 19, 1973, prepared by Baldwin and Gregg, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 96,
at page 5, and being further designated, known, and described as 1816 Duke of York
Quay, Virginia Beach, Virginia 23454.
WHEREAS, it is proposed by the Grantee to maintain a 55.0' concrete
driveway, and to remove and replace a 13' x 6' wood dock, and to construct and
maintain 106 LF of vinyl bulkhead with 2' returns, collectively, the "Temporary
Encroachment", in the City of Virginia Beach; and
GPIN: NO GPINS ASSIGNED (CITY-OWNED 80' AND 20' DRAINAGE AND CANAL
EASEMENTS)
1499-84-4591 (1816 DUKE OF YORK QUAY)
WHEREAS, a previous encroachment for the existing wood dock and
wood bulkhead approved by Council on October 20, 1980 by Council and recorded in
the aforesaid Clerk's Office in Deed Book 1418 at page 614; and
WHEREAS; in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a City-owned 80' and 20'
drainage and canal easement, collectively, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT 'A'
ENCROACHMENT REQUEST FOR A PROPOSED VINYL
BULKHEAD AND EXISTING CONCRETE DRIVEWAY FOR
CHARLIE PHILLIPS 1816 DUKE OF YORK QUAY 0.48 AC,
LOT 78 CHELSEA M.B. 96, P. 5," Scale: 1" = 30', dated
January 15, 2024, prepared by Langley and McDonald, Inc.,
a copy of which is attached hereto as Exhibit "A" and to
which reference is made for a more particular description.
2
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the City may enter upon
the Grantee's property for ingress and egress on an as needed basis or in order to
monitor Grantee's compliance with the terms of this Agreement, for routine maintenance
activities upon public property adjacent to 1816 Duke of York Quay, or at any time upon
an event of noncompliance with the terms of this Agreement to enforce the terms of this
Agreements; provided that City will provide at least ten (10) days' notice of such entry to
Grantee, except when there is a threat of imminent harm, personal injury or property
damage. City shall not unreasonably interfere with Grantees' use and quiet enjoyment
of the Property. Any access authorized by this section shall be limited to the property
with the street address of 1816 Duke of York Quay.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents, and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
3
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the attached Exhibit or in this Agreement are the ongoing maintenance
obligation of the Grantee and the City disclaims any ownership interest or maintenance
obligation of such encroachments.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined.
The company providing the insurance must be registered and licensed to provide
insurance in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
4
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, CHARLES T. PHILLIPS and PATRICIA A.
PHILLIPS, husband and wife, the said Grantee, has caused this Agreement to be
executed by their signatures. Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its City Manager and its seal
be hereunto affixed and attested by its City Clerk.
5
CITY OF VIRGINIA BEACH
By: (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2024, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
My Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit-
The foregoing instrument was acknowledged before me this day of
, 2024, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
My Notary Registration Number:
My Commission Expires:
6
Charles T. Phillips
Patricia A. Phillips
STATE OF
CITY/COUNTY OF /1'5/,1%,; � �, to-wit:
The foregoing instrument was acknowledged before me this day of
2024, by Charles T. Phillips and Patricia A. Phillips, owners.
�/� (SEAL)
Notary Public
\a�aaauwuu,ununi,,�
.�``�Q.OS1RAIW6�%
ONO
NOTARY•'•�0�
My Notary Registration Number: "7�9�i 38 _ PUBLIC
REG#7791138
My Commission Expires: 03 3i/7ol� _ :MY COMMISSION;
O EXPIRES tr
:3.5,•. 03/3V2027 •'(j r
� i FA LT`N
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
P BLIC WOR S - REAL ESTATE "AWMtYffft
SENIOR CITY ATTORNEY
7
APPROXIMATE LOCATION OF" — F MEA W'
N/ GAN
,ADJOININS,BULKHEAD Y S. THR-TJ4 11 &
�- — I HENR THRNORFOLK QUAY
N PUKE OF
SHEILA CLIFFORD GUNTER EX.13'X6'WOOD 182GP1N: 14998425220000
REVOCABLE TRUST DOCK(REMOVE 20121001001135420
1819 DUKE OF NORFOLK QUAY AND REINSTALL INST LOT 92P 5 --
GPIN: 14998424640000 AS NECESSARY) M.B. 96.
INST: 20171211001054740 106LF
LOT 91 , W 103,03' �M PROPOSED
M.B. 96. P. 5 N 1B-11 2 Ax OF VINYL BULKHEAD
90 WITH 2' RETURNS
R = EX. 80' ' BgLKNEAD EX.
12
DRAINAGE AND 1.6' EX. WOOOREMAIN) RET.
WALL
CANAL EASEMENT �W,LL (WILL REMAIN) I RETURN TOEX.DBLONDNECT
M.B. 96 P. 5 RETURN AND CONNECT TO
I EX. BLKD BEFORE 15" RCP — — — — — —
15" RCP INV=1.46 (NAVD88)
\ I N/F
1 r — Mg 96 P 5 I STEVEN A. & CHRISTINA
EX 20' I� I I FUHRMAN REVOCABLE TRUST
1820 DUKE OF YORK QUAY
DRAINAGE AND I I GPIN: 14998446610000
M CANAL ggEpSSMENTi I I I INST: 20191118000978350
LOT 77
I I I I M.B. 96. P. 5
I II I EX.DRIVEWAYTE I
1. �pj,,TH op
I a co
•
jao� 1 3 iW I I O TOM�L
O't I I
�Y oK I CT I I I�
I Ic. No.11138
c�o o I r) i I EXISTING
�} �o^a I ' I I 2 STORY I l z DI/I5/� A w�V[Zr
z J O rn t�O) N I� BRICK & FRAME
W Y q-o O m i 4 PIN(F) RESIDENCE 11816 I �IVAL
Uj I ISM i I
z I �" I I 30 15 0 30
I
IZ
I i I N/F I SCALE 1"= 30'
CHARLIE T. & I
�o I PATRICIA A. PHILLIPS 5' DRAINAGE & UTILITY
kf I 1816 DUKE OF YORK QUAY EASEMENT M.B. 96 P. 5
GPIN: 14998445910000 I
13 I 6.33' D.B. 1418, P. 614 I
I i I M.B. 96OT ?P. 5 PIN(F) —
o I L_52,73
I i I L�49.43 , — R=400.00
I = PIN(F) 1. THIS PLAN WAS PREPARED WITHOUT THE
445.81' TO PIN(f) DUKE OF YORK QUAY 50' R W BENEFIT OF A TITLE REPORT
( / ) 2. THIS EXHIBIT IS INTENDED FOR AN
QUEENS ELM PLACE (M.B. 96, P. 5) ENCROACHMENT REQUEST ONLY.
3. THE CITY OF VIRGINIA BEACH IS NOT
EXHIBIT 'A' RESPONSIBLE FOR THE VERIFICATION OF THE
ENCROACHMENT REQUEST RESTRICTIONS REQUIRED BY OTHER
FOR A PROPOSED VINYL BULKHEAD Langley and McDonald Inc ASSOCIATIONS OR AGENCIES.
AND EXISTING CONCRETE DRIVEWAY 4. THIS EXHIBIT IS A RESULT OF FIELD TIES TO
FOR CHARLIE PHIWPS Engineers Planners Surveyors EXISTING MONUMENTS COMBINED WITH THE
1816 DUKE OF YORK QUAY 309 LYNNHAVEN PAPKWAY COMPILATION OF DEEDS AND PLATS SHOWN
A BEACH,VIRGINIA 23a52
VIRGINIA 0.48 AC. LOT 78 CHELSEA �s�-ae3-a3o� (FAX)�s�-aG3-3s�3 HEREON AND DOES NOT CONSTITUTE A
M.B. 96. P. 5 BOUNDARY SURVEY
JANUARY 15, 2024
SHEET 1 OF 1
45
ITEM— VU K.9
ORDINANCES/RESOLUTIONS
ITEM#75771
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $297,282 from the Fund
Balance of the Sheriff's Office Special Revenue Fund and to TRANSFER up to $380,000 in vacancy
savings within the General Fund to the FY2023-24 Sherds Office Operating Budget re increased food
and medical costs
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
June 4, 2024
1 AN ORDINANCE TO APPROPRIATE $297,282 FROM
2 THE FUND BALANCE OF THE SHERIFF'S
3 DEPARTMENT SPECIAL REVENUE FUND AND TO
4 TRANSFER UP TO $380,000 IN VACANCY SAVINGS
5 WITHIN THE GENERAL FUND TO PAY INCREASED
6 FOOD AND MEDICAL COSTS
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 1) $297,282 is hereby appropriated, with revenue increased accordingly, from the
12 fund balance of the Sheriff's Office Special Revenue Fund for medical costs that
13 were incurred in FY 2022-23 but had to be paid during FY 2023-24; and
14
15 2) Up to $380,000 in additional funding is hereby transferred from vacancy savings
16 in the General Fund to the FY 2023-24 Operating Budget of Sheriff's Office for
17 increased food and medical costs.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day
of June , 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City Attorneys Office
CA16525
R-1
May 21, 2024
46
ITEM— VILL10
ORDINANCESIRESOL UTIONS
ITEM#75772
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $111,250 from the Virginia
Department of Behavioral Health and Development Services via the Regional Fiscal Agent, Wester
Tidewater Community Services Board to the FY2023-24 Human Services Operating Budget re Regional
Mobile Crisis Response Programs
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $111,250 FOR REGIONAL MOBILE CRISIS RESPONSE
3 PROGRAMS
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $111 ,250 is hereby accepted from the Virginia Department of Behavioral Health
9 and Developmental Services via the Regional Fiscal Agent, Western Tidewater
10 Community Services Board, and appropriated, with revenue from the Commonwealth
11 increased accordingly, to the FY 2023-24 Department of Human Services Operating
12 Budget for Regional Mobile Crisis Response Programs.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of
June 12024.
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 rney's Office
CA16520
R-1
May 20, 2024
47
ITEM— VU K.11
ORDINANCESIRESOL UTIONS
ITEM#75773
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $184,654 from the Fund Balance of the
Commonwealth Attorney's Forfeited Assets Special Revenue to the FY2023-24 Commonwealth Attorney's
Operating Budget re execution of a records digitization contract
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
June 4, 2024
1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF
2 THE COMMONWEALTH'S ATTORNEY FORFEITED
3 ASSETS SPECIAL REVENUE FUND FOR INFORMATION
4 TECHNOLOGY
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 $184,654 is hereby appropriated from the fund balance of the Commonwealth's
10 Attorney Forfeited Assets Special Revenue to the FY 2023-24 Operating Budget of the
11 Commonwealth's Attorney to allow execution of a records digitization contract.
Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day
of June 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
DXX4
Bu get and Management Services City torney s Office
CA16521
R-1
May 20, 2024
48
ITEM— 1/71 L I
PLANNING ITEMS
ITEM#75774
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, MILITARY AVIATION
MUSEUM/VIRGINIA BEACHAIRPORT,LLCfor a Modi ication of Conditions to a Conditional Use
Permit re expand operating hours and add more defining criteria for special events at 1341 Princess
Anne Road DISTRICT 2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MILITARY AVIATION MUSEUM / VIRGINIA BEACH
AIRPORT, LLC for a Modification of Conditions to a
Conditional Use Permit re expand operating hours and add more
defining criteria for special events at 1341 Princess Anne Road
(GPIN 2401762176)DISTRICT 2
The following conditions shall be required:
1. All previous conditions attached to the previous Modification of Conditions granted on
June 28, 2011 shall be voided and replaced with the following conditions below.However,
Conditions 7 through 16 remain unchanged from the 2011 Modification of Conditions.
2. The Aviation Museum may operate between the hours of 9:00 a.m. to 9:00 p.m., seven (7)
days a week, and no later than 10:00 p.m.for any Special Events permitted by the City's
Special Events Office.
3. The Aviation Museum is permitted to have no more than eight (8) special events per
calendar year, not including those that are customarily incidental to the museum use, that
are of an outdoor nature, have outdoor amplified sound, and which exceed f ve hundred
(500)persons in attendance.
4. Subdivision of any of the Museum's property that has been identified as within the
Modification of Conditions(MDC)shall require a modification of the MDC to remove such
property from the purview of the MDC.
5. Museum employees and Training Services, Inc. employees who maintain vintage aircraft
displayed at the Museum shall number no more than thirty (30)persons on duty at any
given time. There shall be no limit on the number of volunteers.
6. There shall be no outdoor amplified sound or music audible at the property line associated
with the museum or special events.
7. Health Department review and approval for a Sewage Disposal System Construction
Permit or any other permit as deemed necessary by the Health Department shall be
obtained prior to approval of the final site plan.
June 4, 2024
49
ITEM— WI.L.1
PLANNING ITEMS
ITEM#75 774
(Continued)
8. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach,
December 2002, shall be installed along the eastern boundary line of the future parking
lot expansion and shall be installed along the entire length in an effort to screen any
vehicles from view of the right-of-way.
9. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road
unless required by Virginia Beach Emergency Services.
10. The existing runway shall remain in a grassed condition and shall not be paved.
11. The site shall be developed substantially in accordance with the submitted "ULTIMATE
SITE BUILD-OUT"by Martin Engineering and stated March 3, 2011. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Department of Planning
& Community Development. All buildings other than the initial hanger/exhibition area
shown on the submitted plan shall be only used for museum related purposes.
12. A landscaped buffer shall be installed along the northern boundary of this property.A solid
row of evergreens shall be planted along the southwestern corner of the property. The
Director of Planning or his designee, shall review the proposed plant species and size to
be installed along the boundary. No plants shall be installed until approval has been
obtained from the Director of Planning or his designee.
13. Canopy trees shall be planted, staring at the north of the proposed cul-de-sac and
continuing west to the west property line adjacent to the proposed Cottbus German
building.Mixes of canopy trees are to be utilized consisting of large canopy trees, ranging
in height from sixty(60)feet and greater at maturity and medium canopy trees, ranging in
height from thirty feet(30)to sixty-five(65)feet at maturity. Planting is encouraged to be
innovative in terms of spacing and arrangement to allow the widest possible variation for
visual enhancement.
14. A Landscape Plan shall be submitted at the time of site plan review depicting the existing
and proposed landscape buffers,streetscape landscaping,foundation planting and parking
lot landscaping.
15. The Museum's use of the airport shall comply with all applicable Federal Aviation
Administration regulations.
16. In connection with the Princess Anne/Gum Bridge Road intersection improvements project
(CIP 2-021-020) the applicant shall reimburse the City for the cost of constructing a right
turn lane into the applicant's property.
June 4, 2024
50
ITEM— 11II.L.1
PLANNING ITEMS
ITEM#75774
(Continued)
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 4`h day of June 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
June 4, 2024
d �
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Property Polygons Military Aviation Museum
s
Zoning 1341 Princess Anne Road
Building
Feet
0 11 T30 460 690 920 1,150 1,380
51
ITEM— 11II.L.2
PLANNING ITEMS
ITEM#75 775
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
APPROVED, AS MODIFIED, BY CONSENT, CITY OF VIRGINIA BEACH/MICHELS FAMIL Y,
LLC for a Mod cation of Conditions (Amend Deed of Conditions & Restrictions) re operation of the
Office of Voter Registrar and Central Absentee Precinct at 500 Studio Drive& 599 Studio Drive, Suites
2A & 2B DISTRICT 3
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
CITY OF VIRGINIA BEACH/MICHELS FAMILY,LLCfor a
Modification of Conditions (Amend Deed of Conditions &
Restrictions) re operation of the Office of Voter Registrar and
Central Absentee Precinct at 500 Studio Drive & 599 Studio
Drive, Suites 2A & 2B (GPINs 14767884450001,
14767884450002, 14767884450003)DISTRICT 3
The following conditions shall be required:
L Prior to operation of the proposed use, the Amended Deed of Conditions and Restriction
shall be recorded with the City of Virginia Beach Clerk of Circuit Court.
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 0 day of June 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
June 4, 2024
02
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Property Polygons City of Virginia Beach
s
Q Zoning 500 Studio Drive & 599 Studio Drive, Suites 2A & 2B
Building
Feet
0 70140 280 420 560 700 840
52
ITEM— VII.L.3
PLANNING ITEMS
ITEM#75776
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, MILESTONE MANOR, LLC / CALVARY
ASSEMBLY OF GOD for a Conditional Use Permit re day-care center in religious use at 4925
Providence Road DISTRICT 1
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
MILESTONE MANOR, LLC / CALVARY ASSEMBLY OF
GOD for a Conditional Use Permit re day-care center in religious
use at 4925 Providence Road(GPIN 1466928004)DISTRICT 1
The following conditions shall be required:
L There shall be no more than forty (40) children enrolled in the facility at any one time;
however, the ultimate occupant load for the Day-care Center shall be established by the
City of Virginia Beach Fire Marshal's Office, but at no point shall the total number exceed
forty(40) children.
2. The applicant shall obtain all the necessary permits, inspections, and approvals from the
Department of Social Services, the Fire Department, and the Permits and Inspections
Division of the Department of Planning& Community Development before occupancy of
the building.A Certificate of Occupancy for the use shall be obtained from the Permits and
Inspections Division of the Department of Planning& Community Development.
3. In order to comply with Section 240.1 of the Zoning Ordinance for signage for Religious
Uses in residential districts,no more than two(2)freestanding signs, one at each entrance,
shall be permitted on the property.
4. Subdivision of any of the property that has been identified as within the Conditional Use
Permit(CUP), shall require a modification of the CUP to remove such property from the
purview of the CUP.
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 4`"day of June Two Thousand
Twenty Four.
Voting: I1 - 0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
�}103
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Property Polygons Milestone Manor, LLC
s
Zoning 4925 Providence Road
Building
Feet
0 3570 140 210 280 350 420
53
ITEM— VII.L.4
PLANNING ITEMS
ITEM#75777
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
APPROVED,AS CONDITIONED,BY CONSENT,MICHELE CLELAND for a Conditional Use Permit
re wildlife rehabilitation center at 2285 London Bridge Road DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MICHELE CLELAND for a Conditional Use Permit re wildlife
rehabilitation center at 2285 London Bridge Road (GPIN
2405606502) DISTRICT 5
The following conditions shall be required:
1. This Conditional Use Permit only permits rehabilitation of avians. A modification of
conditions shall be required to permit rehabilitation of small mammals or other animal
species.
2. The applicant shall comply with all the provisions of Section 242.4 of the City Zoning
Ordinance(CZO)pertaining to a Wildlife Rehabilitation Facility.
3. The applicant shall comply with all provisions established for wildlife rehabilitation by the
Virginia Department of Wildlife Resources and U.S. Fish and Wildlife Service.
4. The application shall comply with all rabies immunization protocols as established for
wildlife rehabilitation by the Virginia Department of Wildlife Resources as required.
5. The applicant shall post and maintain a sign with contact information in case of
emergencies for the operator.
6. The applicant shall maintain a sponsorship from a veterinarian that can provide veterinary
services for diseased or injured animals.
7. The portion of the property in which aviaries or other wildlife containment are located
shall be enclosed with a fence at least forty-eight(48) inches tall.
8. The site shall be gated or otherwise secured when the operator or other volunteers are not
present on site.
9. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m.
10. No animals shall be released at the subject site or within the neighborhood.
IL Animal waste shall be removed daily and disposed of in a lawful manner.
June 4, 2024
54
ITEM— VII.L.4
PLANNING ITEMS
ITEM#75777
(Continued)
12. All animals shall be properly and humanely contained within the pre-release structure(s).
Animals shall not be allowed to roam freely out of these structures at any time. If any
animal does escape, the City of Virginia Beach Animal Control Department shall be
notified immediately.
13. Subdivision of any of the property that has been identified as within the Conditional Use
Permit(CUP), shall require a modification of the CUP to remove such property from the
purview of the CUP.
14. The existing driveway access from London Bridge Road on the eastern side of the property
shall only be used by emergency vehicles and shall otherwise be blocked for use by vehicles
(e.g., gated) in accordance with standards and requirements of the Fire Mashal Office.
Non-emergency vehicular ingress and egress shall only be from the shared entrance on
London Bridge Road where there is an existing access easement.
15. Structures on the property, including animal enclosures and excluding fencing, shall have
a minimum front yard setback of fifty(50)feet.
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 4`"day of June 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
June 4, 2024
AG2
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----------
Property Polygons Michele Cleland
s
Zoning 2285 London Bridge Road
Building
Feet
0 3570 140 210 280 350 420
55
ITEM— VII.L.5
PLANNING ITEMS
ITEM#75 778
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
APPROVED, AS CONDITIONED, BY CONSENT, SAMANTHA CARROW for a Conditional Use
Permit re short-term rental at 905 Pacific Avenue, Unit C DISTRICT 5
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SAMANTHA CARROW for a Conditional Use Permit re short-
term rental at 905 Pacific Avenue, Unit C (GPIN
24272444110990)DISTRICT 5
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 905 Pacific
Avenue Unit C and the Short Term Rental use shall only occur in the principal structure.
2. An annual(yearly)STR Zoning Permit must be obtained from the Department of
Planning and Community Development(Zoning Administration) before using the
dwelling for Short-Term Rental purposes.
3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of
the City Zoning Ordinance or as approved by City Council.
4. For properties located within the boundaries of the Residential Parking Permit Program
(RPPP), while the Short Term Rental use is active,parking passes issued for the subject
dwelling unit(s) through the RPPP shall be limited to two (2)resident passes only. Guest
and temporary passes through the RPPP shall not be permitted.
5. This Conditional Use Permit shall expire five(5)years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department; however, the Planning Department shall notify the City
Council in writing prior to the renewal of any Conditional Use Permit for a Short Term
Rental where the Short Term Rental has been the subject of neighborhood complaints,
violations of its conditions or violations of any building, housing,zoning,fire or other
similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2))
on the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1.
June 4, 2024
56
ITEM— VII.L.5
PLANNING ITEMS
ITEM#75778
(Continued)
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty(30)minutes and to be physical present at the Short Term Rental within one
(1)hour.
8. If, or when, the ownership of the property changes, it is the seller's responsibility to
notify the new property owner of requirements `a'through `c'below. This information
must be submitted to the Planning Department for review and approval. This shall be
done within six(6)months of the property real estate transaction closing date.
a) A completed Department of Planning and Community
Development Short Term Rental Zoning Permit;and
b) Copies of the Commissioner of Revenue's Office receipt of
registration; and
c) Proof of liability insurance applicable to the rental activity of at
least P-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-
27 and 31-28(solid waste collection), 12-5(fires on the beach), 12-43.2 (fireworks), and
a copy of any approved parking plan.
IL All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each short term rental shall have one(1)four-
square foot sign posted on the building, or other permanent structure or location
approved by the Zoning Administrator, that identifies the property as a short term rental
and provides the telephone numbers for the Short Term Rental Hotlines in text large
enough to be read from the public street.
14. The Short Term Rental shall have no more than one(1)rental contract for every seven
(7)consecutive days.
June 4, 2024
57
ITEM— VII.L.5
PLANNING ITEMS
ITEM#75778
(Continued)
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least$1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m.
17. The maximum number ofpersons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers')shall be two (2)individuals per bedroom, which number shall not
include minors under the age of sixteen (16),provided that in no case may the total
number of persons staying overnight at the property exceed the number of approved
bedrooms multiplied by three(3).
18. The property owner, or their representative, shall provide to the City Planning
Department permission to inspect the Short Term Rental property annually. Such
inspection shall include: 1)At least one fire extinguisher has been installed inside the
unit(in the kitchen)and in plain sight 2)Smoke alarms and carbon monoxide detectors
are installed in accordance with the building code in effect at the of construction and
interconnected. Units constructed prior to interconnection requirements must have a
minimum of one(1)smoke alarm installed on every floor of the structure and in the areas
adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and
3)All smoke alarms and carbon monoxide detectors have been inspected within the last
twelve(12) months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of
Planning shall only be required to be inspected every three(3)years. The inspection for
compliance with the requirements above shall be performed by the short term rental
management company and be documented on a form prescribed by the Planning
Department and shall be provided during the yearly permitting process.
Properties may be inspected annually for compliance with the requirements above by
certified Short Term Rental Management Companies or Certified Home Inspectors. The
compliance inspection shall be documented on a form prescribed by the Planning
Department and shall be provided during the yearly permit process.
19. A structural safety inspection report shall be provided to the city every three(3)years
indicating all exterior stairways, decks,porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection (engineer or architect)
and are safe for use. The report must indicate the maximum number of occupants
permitted on each level of these structures and placards indicating the maximum number
of occupants of all exterior stairways, decks,porches, and balconies must be posted on
each level of these structures.
June 4, 2024
58
ITEM— VII.L.5
PLANNING ITEMS
ITEM#75 778
(Continued)
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 4`h day of June 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
June 4, 2024
R5S OR
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Norfolk
Avenue 's 0 ��
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_ W E
Property Polygons Samantha Carrow
s
0 Zoning 905 Pacific Avenue, Unit C
Building
Feet
0 1530 60 90 120 150 180
59
ITEM— 11II.L.6
PLANNING ITEMS
ITEM#75779
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
APPROVED,AS CONDITIONED, BY CONSENT, SUSANNE M. COLLIGON for a Conditional Use
Permit re short-term rental at 304 28`h Street, Unit 208 DISTRICT 6
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SUSANNE M. COLLIGON for a Conditional Use Permit re
short-term rental at 304 2e Street, Unit 208 (GPIN
24280028662008)DISTRICT 6
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 304 2e St,
Unit 208, and the Short Term Rental use shall only occur in the principal structure.
2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning
and Community Development(Zoning Administration)before using the dwellingfor Short-
Term Rental purposes.
3. The dwelling unit shall comply with all required Fire and Building code requirements.
4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of
the City Zoning Ordinance or as approved by City Council.
5. This Conditional Use Permit shall expire five (5)years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire or other similar codes.
6. No events associated with the Short Term Rental shall be permitted with more than the
allowed number ofpeople who may stay overnight(number of bedrooms times two(2))on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1.
7. The owner or operator must provide the name and telephone number of a responsible
person, who may be the owner, operator or an agent of the owner or operator, who is
available to be contacted and to address conditions occurring at the Short Term Rental
within thirty(30) minutes and to be physical present at the Short Term Rental within one
(1)hour.
June 4, 2024
60
ITEM— 1VII.L.6
PLANNING ITEMS
ITEM#75779
(Continued)
8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes
the new property owner of requirements `a'through `c'below. This information must be
submitted to the Planning Department for review and approval. This shall be done within
six(6) months of the property real estate transaction closing date.
a) A completed Department of Planning and Community
Development Short Term Rental Zoning Permit; and
b) Copies of the Commissioner of Revenue's Office receipt of
registration; and
c) Proof of liability insurance applicable to the rental activity of at
least P-Million.
9. To the extent permitted by state law, each Short Term Rental must maintain registration
with the Commissioner of Revenue's Office and pay all applicable taxes.
10. There shall be posted in a conspicuous place within the dwelling a summary provided by
the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27
and 31-28 (solid waste collection), 12-5 fires on the beach), 12-43.2 (fireworks), and a
copy of any approved parking plan.
11. All refuse shall be placed in automated refuse receptacles, where provided, and comply
with the requirements of City Code sections 31-26, 31-27 and 31-28.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. No signage shall be on-site, except that each short term rental shall have one (1)four-
square foot sign posted on the building, or other permanent structure or location approved
by the Zoning Administrator, that identifies the property as a short term rental andprovides
the telephone numbers for the Short Term Rental Hotlines in text large enough to be read
from the public street.
14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least P-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m.
("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not
include minors under the age of sixteen(16),provided that in no case may the total number
June 4, 2024
61
ITEM— VHL.6
PLANNING ITEMS
ITEM#75779
(Continued)
18. of persons staying overnight at the property exceed the number of approved bedrooms
multiplied by three(3).
19. The property owner, or their representative,shall provide to the City Planning Department
permission to inspect the Short Term Rental property annually. Such inspection shall
include: 1) At least one (1)fire extinguisher has been installed inside the unit (in the
kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed
in accordance with the building code in effect at the of construction and interconnected.
Units constructed prior to interconnection requirements must have a minimum of one (1)
smoke alarm installed on every floor of the structure and in the areas adjacent to all
sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke
alarms and carbon monoxide detectors have been inspected within the last twelve (12)
months and are in good working order.
Properties managed by Short Term Rental Companies certified by the Department of
Planning shall only be required to be inspected every three years. The inspection for
compliance with the requirements above shall be performed by the short term rental
management company and be documented on a form prescribed by the Planning
Department and shall be provided during the yearly permitting process.
Properties may be inspected annually for compliance with the requirements above by
certified Short Term Rental Management Companies or Certified Home Inspectors. The
compliance inspection shall be documented on a form prescribed by the Planning
Department and shall be provided during the yearly permit process.
20. A structural safety inspection report shall be provided to the city every three (3) years
indicating all exterior stairways, decks,porches, and balconies have been inspected by a
licensed design professional qualified to perform such inspection (engineer or architect)
and are safe for use. The report must indicate the maximum number of occupants permitted
on each level of these structures and placards indicating the maximum number of
occupants of all exterior stairways, decks,porches, and balconies must be posted on each
level of these structures.
This Ordinance shall be effective in accordance with Section 1076) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of June Two Thousand
Twenty Four.
June 4, 2024
62
ITEM— VII.L.6
PLANNING ITEMS
ITEM#75 779
(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
June 4, 2024
OR
M Street S.
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1f.S -re e't 74
f:Street A 12
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Street
R5S o
A.1=2 OR
N
® Site
W E
Property Polygons Susanne M Colligon
s
Zoning 304 28th Street, Unit 208
Building
Feet
0 1530 60 90 120 150 180
63
ITEM— VILL.7
PLANNING ITEMS
ITEM#75 780
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
APPROVED,BY CONSENT, Ordinance to AMEND Section 103 of the City Zoning Ordinance(CZO)re
granting of modifications by the Zoning Administrator
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
June 4, 2024
1 AN ORDINANCE TO AMEND SECTION 103
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO THE GRANTING OF
4 MODIFICATIONS BY THE ZONING
5 ADMINISTRATOR
6
7 Section Amended: § 103 of the City Zoning
8 Ordinance
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Section 103 of the City Zoning Ordinance is hereby amended and
17 reordained to read as follows:
18
19 Sec. 103. Administration.
20
21 . . . .
22
23 (m) The zoning administrator is authorized to grant a modification of up to five (5)
24 percent of any provision contained in the zoning ordinance with respect to physical
25 requirements on a lot or parcel of land including but not limited to size height location
26 or features of or related to any building structure or improvements if the administrator
27 finds in writing that:
28
29 (i) the strict application of the ordinance would produce undue hardship; and
30
31 (ii) such hardship is not shared generally by other properties in the same
32 zoning district and the same vicinity; and
33
34 iii) the authorization of the modification will not be of substantial detriment to
35 adjacent property and the character of the zoning district will not be changed
36 by the granting of the modification.
37
38 Prior to the granting of a modification the zoning administrator shall give all
39 adjoining property owners written notice of the request for modification and an
40 opportunity to respond to the request within 21 days of the date of the notice A sign
41 shall be posted on the property subject to the modification from the application date for
42 30 days. The zoning administrator shall decide on the application for modification and
43 issue a written decision with a copy provided to the applicant and any adjoining
44 landowner who responded in writing to the notice sent pursuant to this paragraph The
45 decision of the zoning administrator shall constitute a decision within the purview of $
1
46 15.2-2311 and may be appealed to the board of zoning appeals Decisions of the board
47 of f zoning appeals may be appealed to the circuit court as provided by $ 15 2-2314
48
49 Every application for a modification shall be sent to the Zoning Administrator and
50 accompanied by a fee of two hundred dollars ($200 00) Such fee shall include all costs
51 of staff resources and notification. Each lot upon which a modification is requested shall
52 be subject of a separate application and fee
53
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 t h day
of June 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
tanning Department City Attorney's Office
CA16489
R-4
April 15, 2024
2
64
ITEM— 1,II.L.8
PLANNING ITEMS
ITEM#75 780
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hamond, City Council
APPROVED, BY CONSENT, Ordinance to AMEND Section 1906 of the City Zoning Ordinance (CZO)
re the composition of the Old Beach Design Review Committee
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
June 4, 2024
1 AN ORDINANCE TO AMEND SECTION 1906
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO THE COMPOSITION OF
4 THE OLD BEACH DESIGN REVIEW
5 COMMITTEE
6
7 Section Amended: § 1906 of the City Zoning
8 Ordinance
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Section 1906 of the City Zoning Ordinance is hereby amended and
17 reordained to read as follows:
18
19 Sec. 1906. Old Beach Design Review Committee.
20
21 (a) The Old Beach Design Review Committee, hereinafter referred to as the
22 "committee", is established as a resource for those seeking to develop within the
23 Old Beach Overlay District. The committee is intended to preserve, enhance, and
24 promote the character of the residential neighborhood in accordance with the Old
25 Beach Design Guidelines and provisions of the Old Beach Overlay District. Plan
26 submission and review by the committee is voluntary.
27
28 (b) The Old Beach Design Review Committee shall consist of five (5) members
29 selected by Virginia Beach City Council, twe (2) one 1 representative from the
30 Resort Advisory Commission, three (3) representatives who reside or own
31 property within the area encompassed by the Old Beach Overlay District, and
32 one (1) licensed design professional with relevant work experience. All
33 committee members shall be qualified by knowledge or experience to make
34 decisions on questions of neighborhood planning or design. A member of the
35 City of Virginia Beach Planning staff shall serve as liaison to the committee as
36 needed.
37
38 (c) The composition of the Committee as of 5/21/2024, shall all be reappointed in
39 compliance with the requirements above and two shall be appointed to an initial
40 one-year term, two appointed to an initial two-year term and one appointed to a
41 three-year term, with any subsequent reappointments being for three-year terms
42
43
44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day
45 of ,Tune 2024.
46
47
48
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
tanning Department City Attorney's Office
CA 16461
R-3
April 8, 2024
65
ITEM— VILM
APPOINTMENTS
ITEM#75 781
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE
ADVERTISING ADVISORY COMMITTEE
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
PERSONNEL BOARD
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
URBAN A GRICUL TURE ADVISORY COMMITTEE
VIRGINL4 BEACH COMMUNITY DEVELOPMENT CORPORATION
June 4, 2024
66
ITEM— VII.M
APPOINTMENTS
ITEM#75 782
Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED:
WALTER CAMP
COUNCIL MEMBER JENNIFER ROUSE
Three year term 71112024—613012027
ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
67
ITEM— VUM
APPOINTMENTS
ITEM#75 783
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
DEEPAKNACHNANI
(Citizen Member)
Three year term 61412024—513112027
ADVERTISING ADVISORY COMMITTEE
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
68
ITEM— VII.M
APPOINTMENTS
ITEM#75 784
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
HUNTER THOMAS
And
REAPPOINTED:
MICHAEL CLOUD-BUTLER
OLGA TORRES-BAKER
Four year term 71112024—613012028
ARTS AND HUMANITIES COMMISSION
Voting: 11 -0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
69
ITEM— VII.M
APPOINTMENTS
ITEM#75 785
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
RILEYBROWN
ASHTYN RICKS
REESE LONG WATER
Student term 71112024—613012025
And
REAPPOINTED:
JOSEPH BOVEE
CHARLES GUTHRIE
Three year term 71112024—613012027
AUBRYMOORE
AMANDA WONG
Student term 71112024—613012025
BAYFRONT ADVISORY COMMISSION
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
70
ITEM— VILM
APPOINTMENTS
ITEM#75786
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
ALEXIS WILLIAMS
Unexpired thru 1113012026
And
REAPPOINTED:
BRYCEN DILDY
Student term 71112024—613012025
CLEAN COMMUNITY COMMISSION
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
71
ITEM— VII,M
APPOINTMENTS
ITEM#75 78 7
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
DEBBI WOOL
(Representing Receiver of Services)
Unexpired thru 1213112025
COMMUNITY SER VICES BOARD
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
72
ITEM— VILM
APPOINTMENTS
ITEM#75 788
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
COUNCIL MEMBER REMICK
(Elected Member)
AMANDA JARRATT
COUNCIL MEMBER SCHULMAN
(Alternate Elected Member)
CHARLES RIGNEY
(Alternate Member)
Four year term 61412024—513112028
EASTERN VA REGIONAL INDUSTRIAL FACILITYAUTHORITY
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
June 4, 2024
73
ITEM— VILM
APPOINTMENTS
ITEM#75 789
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
LINDA BURNETTE
Unexpired thru 313112025
MATTHEW PRENTICE
Unexpired thru 313112026
HEALTH SERVICES ADVISORY BOARD
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
74
ITEM— VII.M
APPOINTMENTS
ITEM#75790
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
ARNEL CUSTODIO
Unexpired thru 813112026
CAITLYN CAGNI
Student term 71112024—613012025
HUMAN RIGHTS COMMISSION
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
75
ITEM— VUM
APPOINTMENTS
ITEM#75 791
Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED:
GAVIN WEIR
Student term 71112024—613012025
OPEN SPACE ADVISORY COMMITTEE
Voting: 11 -0
Council Members Voting Aye:
Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
76
ITEM— VII.M
APPOINTMENTS
ITEM#75 792
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
BENJAMIN MESSER
(Representing District 9)
Unexpired thru 813112026
PARKS AND RECREATION COMMISSION
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
June 4, 2024
77
ITEM— VILM
APPOINTMENTS
ITEM#75 793
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
ROBERT COVINGTON
Student term 71112024—613012025
PUBLIC LIBRARY BOARD
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
78
ITEM— VHM
APPOINTMENTS
ITEM#75 794
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
LISA DENOL4
Unexpired thru 1213112026
RESORT ADVISORY COMMISSION
Voting: 11 - 0
Council Members Voting Aye:
Michael F.Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
79
ITEM— VII.M
APPOINTMENTS
ITEM#75 795
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
DR.SUSANMILEYPETREHN
Unexpired thru 613012025
Plus four year term 71112025—613012029
WHITNEYKING
Unexpired term 61812024—613012026
And
REAPPOINTED:
HELENA GOURDINE-THORPE
Four year term 71112024—613012028
SOCIAL SERVICES ADVISORY BOARD
Voting: 11 - 0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
80
ITEM— VILM
APPOINTMENTS
ITEM#75796
Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED:
THOMAS LUCKMAN
Three year term 71112024—613012027
TRA NSI TION AREAIINTERFA CILITY TRA FFIC AREA CITIZENS AD VISOR Y COMMITTEE
Voting: 11 - 0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
81
ITEM— VII.M
APPOINTMENTS
ITEM#75 79 7
Upon nomination by Vice Mayor Wilson, City Council APPOINTED:
ROBERT MELA77I
(Representing Education Field)
Unexpired thru 71412026
VIRGINIA BEACH VA250 COMMITTEE
Voting: 11 -0
Council Members Voting Aye:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
82
ITEM— VII.M
APPOINTMENTS
ITEM#75 798
Upon nomination by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LIAISONS:
COUNCIL MEMBER DAVID HUTCHESON
COUNCIL MEMBER AMELIA N.ROSS HAMMOND
BEACH GOVERNING BOARD
Voting: 11 - 0
Council Members Voting Aye:
Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
June 4, 2024
83
ADJOURNMENT
ITEM#75 799
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.IO P.M.
Te s
Chief Deputy City Clerk
A n a Ba es, C Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
June 4, 2024
84
OPEN DIALOGUE
The following registered to speak:
Dennis Jemison, 4005 South Plaza Trail, Phone: 790-7972, did not respond
Reverend Dr. Luther Allen, First Lynnhaven Baptist Church, requested City Council's assistance in
recovering money from real estate taxes he was overcharged for.
Alfred McClenny, 936 Aragona Boulevard, Phone: 749-3714, requested contingency plan for future City
employee wages and hazardous pay for waste management.
Andrew Chalwell, 5832 West Hasting Drive, Phone: 201-597-1206, requested support for the Virginia
Beach Carnival
John Janusz, (owner of Freebie) Phone: 561-302-2297, expressed his appreciation to City Council for
supporting Freebie and the micro-transit program
Phillis Lakey, 1201 Orkney Drive, Phone: 467-3517, spoke in OPPOSITION to the Violet Bank Trail
Kimberly Lucas, 1201 Orkney Drive, Phone: 467-3517, spoke in OPPOSITION to the Violet Bank Trail
Joseph Johannes, 1153 Selwood Drive, Phone: 339-2572, spoke in OPPOSITION to the Violet Bank Trail
Mary Snell, 1105 Selwood Drive, Phone: 342-4548, spoke in OPPOSITION to the Violet Bank Trail
Celeste Greene, 1149 Selwood Drive, Phone: 553-0943, spoke in OPPOSITION to the Violet Bank Trail
Samuel Nunnally, 1145 Selwood Drive, Phone: 474-3194, spoke in OPPOSITION to the Violet Bank Trail
Philip Edwards, 5153 Violet Bank Drive,Phone:287-9955,spoke in OPPOSITION to the Violet Bank Trail
Suzanne Smith, 5153 Violet Bank Drive,Phone:287-9955,spoke in OPPOSITION to the Violet Bank Trail
David Parker, 1201 Candlewood Drive,Phone: 630-7356, spoke in OPPOSITION to the Violet Bank Trail
Hanna Merk, Phone: 799-5166, did not respond
James Smith, 5152 Violet Bank Drive, Phone: 630-1538, spoke in OPPOSITION to the Violet Bank Trail
Les Waldrut, 4688 Larkwood Drive, Phone:274-6316, spoke in OPPOSITION to the Violet Bank Trail
Nick Konchuba, 1133 Selwood Drive, Phone: 620-6374, spoke in OPPOSITION to the Violet Bank Trail
Lindsey Konchuba, 1133 Selwood Drive,Phone:620-6374,spoke in OPPOSITION to the Violet Bank Trail
Rachel Elionson, 4608 Selwood Court, Phone: 374-6677, spoke in OPPOSITION to the Violet Bank Trail
Debbie Francis, 1136 Selwood Drive, Phone: 495-5445, spoke in OPPOSITION to the Violet Bank Trail
Sally Andrews Gudas, 9419 Selby Place,Norfolk, Phone: 804-399-8342, requested City Council adopt a
Resolution requesting a ceasefire in Palestine
June 4, 2024
85
OPEN DIALOGUE
(Continued)
Nihal Gokus, 4701 Hermitage Road, Phone:277-3884, did not respond
Rabbi Ellen Jaffe-Gill, 4661 Priscilla Lane, Phone: 215-359-7806, requested City Council adopt a
Resolution requesting a ceasefire in Palestine
Dana Smith, 3109 Stonewood Drive, Phone: 636-8173, requested City Council adopt a Resolution
requesting a ceasefire in Palestine
Jessica Hitt, 1133 Homestead Drive, Phone: 672-1485, spoke in OPPOSITION to the Violet Bank Trail
Gary Allsbrook, 6209 Reserve Way, Phone: 718-791-1325, did not respond
Kevin Greene, 1149 Selwood Drive, Phone:285-5321, spoke in OPPOSITION to the Violet Bank Trail
Nolan Greene, 1149 Selwood Drive, Phone: 285-5321, spoke in OPPOSITION to the Violet Bank Trail
Constantine Tarasento, 2089 Westminster Lane, Phone: 507-230-1109, requested City Council extend the
Freebie Micro-Transit contract
Michael Cooper, 1336 Gannett Run, Phone: 328-3990, did not respond
Teresa Kraus, 4692 Berrywood Road, Phone: 615-4915, spoke in SUPPORT of the Violet Bank Trail
Amir Hussein, 2265 Sovern Lane,Phone:390-7081, requested City Council adopt a Resolution requesting
a ceasefire in Palestine
Mike Visque, 541 Englehard Drive, Phone: 901-5170, requested City Council adopt a Resolution
requesting a ceasefire in Palestine
Cathe Waters, 1208 Chattingham Drive, Phone: 328-8937, spoke in SUPPORT of the Violet Bank Trail
Jenny Gray, requested City Council adopt a Resolution requesting a ceasefire in Palestine
Becky Culpepper, 4004 Atlantic Avenue#1004, Phone: 515-0533, did not respond
Saher Mirza, 3940 Meeting House Road, Phone: 919-302-2274, did not respond
ADJOURNED at 8:55 P.M.
*Vice Mayor Wilson did not attend Open Dialogue
*Council Member Henley left at 8:23 P.M.
June 4, 2024