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Home My WebLink AboutJULY 2, 2024 FORMAL SESSION MINUTES s Of 00R NO" VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia JUL Y2,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, July 2, 2024 at 2:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None FUNDINGCITY AMNA GER'S BRIEFINGS /UR CES FOR PARKS A FTER DARK ITEM# 88; // P.M. Mayor Dyer welcomed Kevin Chatellier, Director — Budget & Management Services. Mr. Chatellier expressed his appreciation to City Councilfor their continued support: Parks After Dark— Level Green Here is the Background: Funding Options Kevin Chatellier Director,Budget and Management Services July 2,2024 ve Background • March 2022—Mayor's Youth Violence Task Force Created • February 7,2023—Ordinance adopted to pilot Parks ��, After Dark in Williams Farm Park • FY 2024-25 Operating Budget—continued the pilot program in Williams Farm • FY 2024-25 Reconciliation—added Green Run as a ��.,_ , � `_ second pilot location °"'' • June 4, 2024—Resolution adopted to direct the City ♦.t� Manager to identify options for expanding to Level .� ". • June 7, 2024—Staff provided two options for funding I, , CITY MANA GER'S BRIEFINGS FUNDING SOURCES O , PARKS AFTER DARKATLEVEL GREEN ITEM# ;; Here are the FundingOptions: Funding Options • $353,072 is needed for expansion Mayor Dyer • Includes 3.1 FTEs • Options: 1. Transfer from the General Fund Reserve for Contingencies 2. Appropriation of fund balance of the General Fund • Should the expansions become permanent, revenue growth will be needed, or other �. ,u. reductions to existing services may need to �� be made , Discussion �B expressed his appreciation to Mr Chatellierfor the pr- , UPDATECITY AL4NA GER'S BRIEFINGS GREEN LINE ITEM# ; ' Mayor Dyer welcomed Kathy Warren, Director—Planning • • Community Development. Warren expressed her appreciation to City Councilfor their continued support: History of The Green Line KATHY WARREN,DIRECTOR,PLANNING&COMMUNITY DEVELOPMENT July2,2D24, City Council Briefing VIRGINIA �f ; BEACH Presentation Overview • What is the Green Line? • Land Use South of the Green Line • 1979 — 2024 Comprehensive Plans — History of the Green Line • Current Comp Plan — Public engagement feedback • Discussion MISTOFf OF THE GREEN L'`. UPDATECITY AL4NA GER'S BRIEFINGS GREEN LINE 8; ' The nextfew slides provide an overview of the Green Line: What is the Green Line? Recognizing the importance of preserving Virginia Beach's rural area, in 1979 the City introduced the"Green Line"urban growth management tool and established planning policies to channel growth and infrastructure improvements to the northern half of the city. The Green Line runs mainly along Princess Anne Road. Land Use South of the Green Line July 2, • The Green Line has not changed since it was first established in the 1985 Comprehensive Plan. • Below the Green Line,the Blue Line is located along Indian River Road and identifies the area where public utilities ends. • Princess Anne Commons and the Transition Area are located between the Green Line and Blue Line: • The Interfacility Traffic Area(ITA)is a zoning overlay district within Princess Anne Commons. • Examples of development below the Green Line are the Municipal Center, Innovation Park(Li ht Industrial)and several Residential Communities(Heritage Park,Sherwood Lakes, Courthouse Estates). ( HiSTOPY Of THE GPEEN IIN[ C 2024 1, BRIEFINGSCITY MANA UPDATEGREEN LINE ITEM#75889 Land Use South of the Green Line The blue line indicates where public utility lines end: HISTOW OF THE GREEN LINE • In the Transition Area, zoning for residential development is typically 1 unit/acre with 50% open space and for non-residential,30%open space, and 10,000 sq.ft building footprint. • In the ITA, zoning is 1 unit/15 acres and the preferred land uses are identified in the ITA and Vicinity Plan (2017). • Transition Area Design Guidelines provide guidance for the Municipal Center, Pungo Village,and Historic Nimmo Church. HiSiOM OF THE GNEFN LiN UPDATECITY MANA GER'S BRIEFINGS GREEN LINE ; ' Here is a summary of thefirst Comprehensive Plan in 1979: 1979 Comprehensive Plan Here is a summary of the • The term"Green line"was not „� mentioned,but land-use policies �� were established to discourage the � extension of urban facilities into ��' agricultural areas. E' • This proposed land-use plan � � � �' established a border between t single-family residential(yellow) i and agricultural uses(green)along what is currently designated as the "Green Line." H iTORY OF THE GREEN LINE T a I• Com rehensivePlan: 1985 Comprehensive Plan -Green Line' established • The strate�y was to "minimize the on Map conflicts which arise from the location of incompatible uses in close 1 proximity to one another" (pg. 2). Rules and Regulations: • "The Green Line is not a permanent .,� feature but is subject to change as conditions and community standards '�' ;� July 2, related to adequacy of facilities � � north of the Green Line change" (pg. � ,� 3). • The border of the Green Line was to be evaluated bi-annually by City �"� Council (pg. 3). xinarraTnt c..:. , 2024 UPDATECITY MANA GER'S BRIEFINGS GREEN LINE ITEM 88' 1985 Comprehensive Plan Cont'd "Green Lme" established Plan Recommendations: on Map • Because of inadequate facilities, rezonings for density increases are �, -_ . discouraged. Residential density is not recommended below the Green Line (pg. 35). I • Areas west of Princess Anne Road and south of Sandbridge RoadA. state that "areas should stay in jgricultural \.A � � � ,` Here is a summary use and should not be subect to \ t residential expansion, until such time � as conditions warrant moving the � Green Line" (pg. 36). jsl�'` of 99 Plan: 1991 Comprehensive Plan Strategy:Maintain the Green Line i "The need to move the Green Line for the sake of residential expansion does not now T'�. ,.. exist"(pg.I-8). ri Since the Green Line was established,it `( 4 �; helped the City address the backlog of �` � � � ON AMEA roadway needs but are not yet at the point �`� of desirability for the adequacy of the �� . ':� system and should not yet direct CIP , projects south of the Green Line.However, ��'�- •�� a state law allows for public facility commitments from developers as part of conditional rezoning applications(pg.I-8). HISTOPY OF iNE GPEEN IIHE .SO a BRIEFINGS GREEN LINE UPDATE ii9 1991 Comprehensive Plan Cont'd Recommendation: • Due to inadequate roadways,the need for CIPs to correct existing roads,and � � � 1�, adequate supply of developable land `�� north of the Green Line with no pressure � ��` from local housing market,this CompA lEAjj Plan determined the Green Line should � � Here is not be relocated j i summary of 99Plan: 1997 Comprehensive Plan Strategy:Maintain the Green Line • "The Green Line has been rigidly adhered to by City Council in the formulation and implementation of the city's land use and CIP planning.This strategy has enabled the city to apply the full effect of the urban section of the CIP to needs north of the Green Line" Policies to Ensure the Effectiveness of the Green Line: • "It is the policy not to spend city funds for adequate public facilities South of the Green Line except to support the needs of the rural population or to support development that would expand the tax base or amenity base,and not to encourage growth that would rely on such facilities"(pg.43). • Create a relationship between the Comprehensive Plan and the CIP to define reasonable expectations and understand level of service. I UPDATECITY MANA GER'S BRIEFINGS GREEN LINE ITEM# ;' Here is • summary of 113 Comprehensive Pl 2003 Comprehensive Plan The red line on the map is the Rural Area boundary: Strategy:"Retain the Green Line in its current location"(pg.19) • Role of the Green Line: • Defend against sprawl and separate the northern and southern parts of the city. • Shortage of undeveloped land north of the Green Line(pg.6);redevelopment will be key to future growth(pg.33). • Redevelopment strategy and Rural Preservation policy go hand in glove • Redevelopment north of Green Line allows for protection of rural areas and vice versa • This strategy has"enabled the city to apply maximum effect of the CIP to needs north of the Green Line"(pg.19). 2003 Comprehensive Plan Cont'd • The Green Line is not intended to prevent investments that would I assist with basic health,safety,and �' � ,,tt welfare concerns due to existing or � ' .w . longstanding conditions. .t t r•t li�rl • ro • Because Princess Anne Commons is � *� �,� •,�' �� i`; located south of the Green Line '�`.' � � �� '. t •_ �- and provides great levels of benefit �1�� / �.M �' to residents of the city,it"needs to r„,; " � be supported with adequate '`'* • - - '/', infrastructure to accommodate this"(pg.33). XISTp(V OF TNF GxEEN LINE 'ib � UPDATE11 CITY MANA GER'S BRIEFINGS GREEN LINE ;: ' Here is a summary of the 2009 Comprehensive Plan: 2009 Comprehensive Plan Here is a summary of the 2016 Comprehensive Plan: Strategy:Maintain the Green Line • Acts as the boundary that separates the more urbanized northern area of the city from the Princess Anne Commons,Transition Area,and Rural Area. � • "The extension of urban services for the purposes of supporting suburban and urban density residential development is not intended south of this line"(pg. • "The extension of sewer and water utilities is not intended south of Indian River Road(Rural Area HISTORY OF THE GREEN LINE 15 a 2016 Comprehensive Plan Strategy:Maintain the Green Line as a Growth Management Strategy fpg.Sl • "We have a need to re-evaluate the capacity of the area south of the Green Line to accommodate development as new revelations about changing environmental conditions and how we can develop land sustainably have come to light"(pg.9). • High groundwater table,flooding have changed development calculus in southern area of Virginia Beach. Princess Anne Commons and the Transition Area are two key planning areas that are situated below the Green Line. • "Planning and resourcing public infrastructure to support continued strategic economic development in Princess Anne Commons is a high priority"(pg.13). • Density in the Transition Area is strategically lower than north of the Green Line,but not as low as the rural area,south of Indian River Road. NISTORl Of THE GREEN IINE 16 ..Q- UPDATE12 CITY MA NA GER'S BRIEFINGS GREEN LINE ITEM R Here is a summary of the 2024 Proposed Adoption of the 2040 Comprehensive Plan: 2040 Comprehensive Plan (2024 Proposed Adoption) • Current feedback from community input:Maintain the Green Line • Strategies in the Plan(so far): • Balanced Growth • Build up,not out • Focus new development and redevelopment in SGAs,along major corridors,and in established centers • Preserve rural and agricultural land and enhance natural areas • Staff and Consultant Team are working on policies for planning areas—clarifying and condensing recommendations for Rural and Transition Area are top of mind. • The goal is to find a"happy medium"to identify areas that can provide additional economic development opportunities,while advancing Parks and Recreation initiatives and introducing innovative IsI ormwater solutionEll s. NISi01ry OF iNF GREEN IiNE 1) , Mj HISTORY OF GREEN LINE g 3 13 CITY MANAGER'S BRIEFINGS GREEN LINE UPDATE ITEM#75889 (Continued) Discussion Mayor Dyer expressed his appreciation to Ms. Warren for the presentation. July 2, 2024 14 CITY AlANA GER'S BRIEFINGS MARKET SALARYSUR O, ITEM# ; '/ welcomedMayor Dyer Monica Kopin, Director of TalentAcquisition and Workforce Development Human Resources. Ms. Kopin expressed her appreciation to City Councilfor their continued support: City of Virginia Beach Here is an overview of the Market Salary Survey July 2,2024 2024 MarketSalary 2024 Market Salary Survey •The City has identified a cooperative agreement with The Segal Group to perform 2024 Market Salary Survey •Segal has requested guidance on project specifics •Seeking confirmation of recommendations and any additional feedback/guidance from City Council 2024 Marke[Salary Survey�2 VB SCOPE15 CITY MANA GER'S BRIEFINGS MARKET SALARY SURVEY ;9/ Here is / summary of2022 CompensationActions: . 2022 Compensation Actions The next •Last Market Salary Survey conducted in 2021 and implemented July 1,2022 •Total Compensation Study was inclusive of pay,benefits,leave,compensation structure,pay policies,incentives and supplemental pay,and flexible work arrangements •City Council reqquested development of step plan and establishment of minimum hourly rate of$15/hour •Employees received minimum of 5%increase;average increase was 9% •Cost$32.8M 20i4 Market Salary Survey�3 vB / (2)slides provide an overview / State: Current State • City is continuing to right size compensation structure to reflect $15/hour as Step 1 of lowest range • Local market cities have increased their minimum hourly rates beyond $15/hour • Certain positions remain hard to fill and occupational values have changed due to labor market 107.9 Market Salary Survey � SCOPE16 CITY MA NA GER'S BRIEFINGS MARKET SALARY SURVEY ITEM 8'/ Current State Cont. •Total Rewards Philosophy currently seeks to be competitive; prior to mid-2000's the City sought to be highest paid in region •"Competitive" has been defined as falling within 5%of a comparable midpoint, but can be based on pay range minimums or pay range maximums 2024 Market Salary Survey 5 '�� Considerations for Discussion • Market position • Survey scope • Market comparators 2024 Market Salary Survey 6 VB BRIEFINGS17 MARKET SALARYSUR O, ; '/ Market Position • Currently seek to be competitive; recommend City retain this position • Still some work to be done toward competitive "meets" philosophy City P/T Minimum Rate F/T Minimum Rate Virginia Beach $15.07 Portsmouth Hampton Newport Nears $15.00 Norfolk $15.00 Vrlinl $14.20 $14.20 Chesapeake 2024 Market Salary Survey�J V� . Project Scope • 2022: Pay, benefits, annual/sick leave, holidays and paid time off, compensation plan structure and policies • Additional considerations: • Fire 56 hour workweek • Specific private sector data for hard to fill positions (CDL, trades, professional engineers, etc.) • Retirement pay out for sick leave • Public safety overtime by rank 2024 Market Salary Survey�8 uB SCOPE18 CITY MANA GER'S BRIEFINGS MARKET SALARY SURVEY ITEM : '/ Here are the 2022 Market Comparators: 2022 Market Comparators Virginia Outside of Virginia Virginia Beach Public Schools Arlington,TX Fairfax County Broward County,FL Hampton Roads Sanitation District Minneapolis,MN Loudoun County Raleigh,NC Chesapeake Wichita,KS Albemarle County Newport News Richmond Norfolk Henrico County Segal also included data from several private sector surveys and the federal pay scales) 2024 Market Salary Survey 19 �B Questions and Comments? i 2024 Market Salary Survey 110 Vg Mayor I 'I his appreciation tI Ms. Kopinfor the presentation. 19 CITY COUNCIL LIAISON REPORTS ITEM#75891 3:43 P.M. There were no City Council Liaison Reports. July 2, 2024 20 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75892 3:44 P.M. Council Member Rouse expressed her appreciation to the following groups for supporting the Twin Canal Village community event; Police Department, Sheriff's Office, Pastor Bobby White from the Christ Regeneration Church, Vickie Mitchell from United in Him Crossing the Bridge Foundation, Norris Sherman from Noble HR, Twin Canal Village staff and residents. Council Member Rouse advised it was very hot but there was water, ice cream and a bounce house and everyone seemed to have a great time. July 2, 2024 21 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75893 (Continued) Council Member Berlucchi provided the following comments: - Attended the 4`h of July celebrations on June 30`h hosted by the Bellamy Manor Estates Civic League and expressed it was wonderful to see all those in attendance - On July 18`h, there will be a District 3 Town Hall from 6.00—8:00 P.M., at Windsor Woods Elementary School with updates on Flood Protection and the Bow Creek Stormwater Park - There is a detour in place until 2025 for the portion of South Plaza Trail that has been closed due to a Flood Protection Program project that will increase Stormwater capacity. Council Member Berlucchi advised there are concerns due to traffic congestion and requested staff continue monitoring the conditions to help determine if there is a need for a turn signal at the intersection of South Plaza Trail and Rosemont Road. July 2, 2024 22 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75894 (Continued) Council Member Taylor expressed his appreciation to Emily Labows, Director—Cultural Affairs and her staff, including Annmarie Riley-Kay-History Museums Director,for providing him a tour of the Francis Land historical house last week. Council Member Taylor advised he learned there is an annual allotment of$300,000 for maintenance of the City's historic homes and staff is doing a phenomenal job in preserving them. July 2, 2024 23 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#75895 (Continued) Council Member Ross-Hammond provided the following comments: - Hampton Roads Transit(HRT) has developed a children's coloring and activity book, "Gus &Friends"to promote ridership - Welcomed Planning Department's new hire, Roosevelt Grandberry who is the Town Center Planning Evaluation Coordinator. Council Member Ross-Hammond advised he has a vision is very disciplined and has already made a difference for Town Center. - Attended the Ribbon Cutting Ceremony for the Cornland School Museum in Chesapeake on June 29'". Council Member Ross-Hammond advised she was consulted by Chesapeake City Council Member Ella Ward after Council Member Ward learned of the rehabilitation work completed for Pleasant Ridge School and asked Council Member Henley to provide details. Council Member Henley advised initial rehabilitation work was completed between 1989-1990 with the community raising funds for the work. When the funding ran out, a partnership with former Sheriff Frank Drew began and he organized the remainder of the restoration to its completion. Council Member Henley advised it has recently been added to the National Registry as a historic site. Council Member Henley added, in 2023, the General Assembly provided a $25,000 grant which was added to the$3,000 raised by the Ruritan Club for maintenance of the School and asked the City Manager for a list of expenditures detailing what work has been performed and how much money is left, if any. July 2, 2024 24 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75896 (Continued) Vice Mayor Wilson advised on June 30'h, she participated in the Bird Neck Lakes community 4`"of July celebration and was a perfect way to celebrate the holiday. Vice Mayor Wilson added that she wanted to express her appreciation to the Body for the funding to complete the Winston-Salem Avenue improvement project and is excited to see it commence later this month. July 2, 2024 25 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#75897 (Continued) Council Member Schulman expressed his appreciation to Johnny Garcia and Julian Baena from the Hampton Roads Hispanic Chamber of Commerce of Coastal Virginia for hosting the Hispanic American Festival at the Oceanfront this past weekend. Council Member Schulman advised he attended the kick-off on Friday and there was wonderful food and a lot of activities planned. July 2, 2024 26 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75898 (Continued) Council Member Hutcheson advised he attended a couple of 4rh of July celebrations starting with a parade that ended at the Lecove Park on Saturday and on Sunday he participated with the Bellamy Woods neighborhood. Council Member Hutcheson advised the Carolanne Farms Park neighborhood will celebrate on the 4th and expressed how nice it is to see so many neighborhoods come together to enjoy the holiday. Council Member Hutcheson advised he will host a District I Town Hall on July 17`h at Larkspur Middle School. July 2, 2024 27 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75899 (Continued) Mayor Dyer advised he attended a forum at Naval Station Norfolk on July 1 S`,where senior Navy leadership discussed a request for additional housing to accommodate 8,000 Sailors in the Hampton Roads area. Mayor Dyer advised several state and local elected officials attended and Governor Younkin phoned in to participate. Mayor Dyer advised there are also plans for the Newport News Shipyard to hire an additional 5,000 employees to help build ships to increase the Navy's fleet to meet the needs for national security. Mayor Dyer advised it was a sobering meeting that requires the support of the entire region. July 2, 2024 28 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75900 (Continued) Mayor Dyer expressed his appreciation to all City staff and declared July 5th as a City holiday and ensured there will be no interruption to essential City services. Mayor Dyer advised he teaches a class in Human Resources Management, and it is encouraged to recognize and show appreciation to employees and is hopeful all City staff will spend time with their families and friends and enjoy the holiday ahead. July 2, 2024 29 AGENDA REVIEW SESSION ITEM#75901 4:07 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT the Navy's assignment of new aircraft to the East Coast Master Jet Base at Naval Air Station Oceana (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond and Schulman) 2. Ordinance to DIRECT the City Manager to proceed with a plan for distribution ofArts and Culture dedicated funds and to AUTHORIZE two full time positions (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond, Schulman, and Wooten) 3. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation(ARP)easement from Michael A. and Tabitha L. Roman (57.70+1-acres), the issuance by the City of its contract obligations in the maximum principal amount of$905,890 and TRANSFER funds to purchase U.S. Treasury Strips 4. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation(ARP)easement from Venable Real Estate Limited Partnership (66.79+1- acres), the issuance by the City of its contract obligations in the maximum principal amount of$514,283 and TRANSFER funds to purchase U.S. Treasury Strips 5. Ordinance to DECLARE the properties at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place to be in excess of the City's needs and to AUTHORIZE the City Manager to sell the properties to the adjoining property owners 6. Ordinance to AMEND Section 110 of Appendix F of the Chesapeake Bay Preservation Area Ordinance re notices of publication 7. Resolution to APPROVE modifications to a Term Sheet re redevelopment of Pembroke Mall; AUTHORIZE execution of definitive project documents and Support Agreement; and REQUEST approval by the City's Development Authority of Modified Term Sheet 8. Ordinance to APPROPRIATE $16,152,511 from the Commonwealth to the FY2024-25 Virginia Beach City Public Schools Operating Budget and TRANSFER $105,000 from the School Operating Fund to the Green Run Collegiate Charter School Fund K. ORDINANCES I RESOL UTIONS. ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WOOTEN WILL ABSTAIN ON ITEM#7 July 2, 2024 30 ITEM#75902 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District S LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(8). • Juvenile Detention Center • Adams Outdoor Advertising PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees July 2, 2024 31 ITEM#75902 (Continued) Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:10 P.M. Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 4:10 P.M. — 4:22 P.M. Closed Session 4:22 P.M. — 5:43 P.M. July 2, 2024 32 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL JULY2, 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,July 2, 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 341h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual orpotential 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. July 2, 2024 33 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. July 2, 2024 34 VI.F CERTIFICATION ITEM#75903 Upon motion Council Member Berlucchi,seconded by Council Member Remick, 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 July 2, 2024 I''BEAc t o M OUR NAt 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#75902 on Page 31 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. Am a B rn s, MAIU City Clerk July 2, 2024 35 ITEM— VI.G.1 MINUTES ITEM#75904 Upon motion by Council Member Rouse, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 18, 2024 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None July 2, 2024 36 ITEM— VI.H.I MAYOR'S PRESENTATIONS ITEM#75905 PROCLAMATION CLEFT AND CRANIOFACIAL AWARENESS MONTH Mayor Dyer welcomed Jackson Doane, Hailey Dore, Kathleen Magee, B.S.N., MEd., M.S.W., Founder— Operation Smile, Dr. William (Bill)Magee Jr., D.D.S., M.D., Founder—Operation Smile and Karen Via, B.S.N.,M.S.N.,R.N., Care Coordinator—CHKD Cleft and Craniofacial Center and read the Proclamation recognizing the month of July as, "CLEFT AND CRANIOFACUL AWARENESS MONTH" Mayor Dyer called upon all citizens to become more informed concerning clefts and other craniofacial conditions and support non-profit organizations that provide services and care to kids and adults who are born with these types of conditions. Mr. Doane expressed his appreciation to City Council for their continued support and this recognition. July 2, 2024 0 r t r row OUR NA Proclamation 'Whereas: Orofaciarclefts are the most frequently occurring birth defects in the VnitedStates, affecting approximately 1 in 700 infants peryear, and Ufte►tas: People born with clefts andothercraniofacia(conditions usually require surgery as well as specialfeeding support,dentalandorthodontic care,psychiatric care,andspeech therapy as they grow;and ` *ereas: This compfe ity of services needs to 6e providedin a synchronizedmanner over a periodof years,and are best provided 6y interdisciplinary cleft and craniofacial teams,•and %*emu. Operation Smile, the worfd's leading non-profit organization in bridging the gap in access to essentialsurgeries andheafth care with cleft surgery andcomprehensive care worldwide,has theirg"atheadquarters in Virginia Beach, Virginia;and %*emar It is fitting andproper to recognize the efforts of Operation Smile,Cfiddren's7fospitalof the ?(yng's(Daughters Cleft andCraniofaciafCenter,and focalfamiCres andadvocates working to ensure a better fife for those affected 6y cleft Cep/palate or other craniofacial conditions;and T+ eaw. A Cleft and CraniofacialAwareness 7Konth wiQencourage andsupport localmedicaf institutions,research efforts,andadvocacy groups to colla6orate on research aimedat ulent�5ing the root causes of orofacial conditions and identify and innovate early intervention strategies to better assist citizens born with orofacia(clefts andother craniofacial conditions. Now,g erefon I,Wgbert W. Bo66y"(Dyer,Wayorof the City of Virginia Beach,'Virginia,do hereby procfaim: .7ucy 2024 as CLETT,9M cMNrO1F,9CIAcAW,99MWT,5S WONW In'G'irgirtia Beach,I calf upon all citizens to become more informed concerning clefts and other craniofacial conditions and support non-(Profit organizations that provide services and care to kids and adufts who are born with these types of conditions. In'Witreess U*erwf,I have hereunto set my handandcausedthe Off [Seafof the City of'Virginia Beach, Virginia, to be affixed this Second)ay of July,Two gfiousandandTwenty-Four. Wpbert 9K. "Bob6y"►Dyer Wayor s � rr 37 ITEM— VI H.2 MAYOR'S PRESENTATIONS ITEM#75906 PRESENTATION 250`'ANNIVERSARY OF PRINCESS ANNE COUNTY RESOL VES Mayor Dyer welcomed Alpheus Chewning and Mark Reed — Virginia Beach VA250 Committee, Carol Chewning,Jon Stull, Gerald Hartis and Charles Wesier- Great Bridge Battlefield& Waterways Museum, Barbara Smith -Lynnhaven Parish Daughters of the American Revolution (DAR)/7th Virginia Regiment of the Continental Line, Florence Reese—DAR, Suzanne Camden -Princess Anne County Chapter DAR, Susan Flye- Virginia Beach History Museums and Jerry Hedrick-Defiant Pirate Crew. Mr. Reed expressed his appreciation to City Council for their continued support and read the following: "Mayor Dyer, Vice Mayor Wilson, Members of City Council. Thank you for allowing the Virginia Beach VA 250 Committee time on your agenda this evening. I am Mark Reed and I have the pleasure of serving as the staff liaison to the Committee, which Council established one year ago to assist the City in its commemorations of the 250th anniversary of the Declaration of Independence. The Committee is fortunate to have Council Member Ross- Hammond and Council Member Remick as its liaisons. As we approach the 248th anniversary of the Declaration of Independence, we would like to tell you, and the citizens of Virginia Beach, about events from 250 years ago that helped to lead the American colonies on the path toward independence. In December 1773 in Massachusetts, Bostonian's had held a Tea Party that did not endear them to the British Parliament. As a result, Britain closed the Port of Boston, causing economic hardships and creating social and political upheaval. Here in Virginia, the House of Burgesses, the representative body of the citizens, recognized that Britain could just as easily do to Virginia what they had done to Massachusetts. They drafted a resolution in response to these events and it was published in the Williamsburg newspaper. Upon reading the resolution, Virginia's Colonial Governor, Lord Dunmore, immediately dissolved the House of Burgesses on May 26, 1774. Most of the former burgesses met the following day and agreed to reconvene in Williamsburg on August 1st to meet as a legislative body. In July 1774 the Freeholders of Princess Anne County met and prepared a series of Resolves to present to their Burgesses to take to this meeting in Williamsburg. Anthony Lawson, Esquire, who moderated the meeting here 250 years ago, is on hand to present these resolutions to you this evening.I believe you have a copy of the original text in front of you. In consideration of the changes that have occurred with linguistics,Mr.Lawson will provide an edited version for us listening here in the 21 st century." Mr. Reed distributed copies of the Princess Anne County (Virginia)Resolutions which were ready by Mr. Chewing acting as Anthony Lawson, attached hereto and made a part of the record. i Mayor Dyer expressed his appreciation for the presentation. July 2, 2024 Meeting of the Freeholders and other Inhabitants of the County of Princess Anne,v1:640-1 PRINCESS ANNE COUNTY (VIRGINIA) RESOLUTIONS. At a Meeting of the Freeholders and other Inhabitants of the County of Princess Anne, on due notice given by one of the late Representatives, held at the Court House of the said county, on Wednesday, the 27th day of July, 1774, they, after choosing ANTHONY LAWSON, Esquire, Moderator, Came to the following Resolutions, viz: Resolved, That it is the opinion of this meeting, that it is an absolute right inherent in every British American subject, to have and enjoy such freedoms and privileges as belong to the free people of England; and that he cannot be taxed but by his own consent, or Representative. Resolved, That it is the opinion of this meeting, that every attempt to impose taxes by any other authority, is a tyrannical exertion of power, and a violation of the constitutional and just rights and liberties of the subject; and that the Acts for blocking up the harbour of Boston; for altering the chartered Constitution of the Massachusetts Bay; and for the suppression of riots and tumults, are cruel and oppressive invasions of the natural rights of the people of the said Province, as men, and of their constitutional rights as English subjects. Resolved, That the town of Boston and Province of Massachusetts Bay, are now suffering in the common cause of America, as the said Acts would lay a foundation for the utter destruction of the rights and liberties of the subjects of British America. Resolved, That our Burgesses be hereby instructed to use their utmost endeavours at the ensuing Congress at Williamsburg, to procure a general Association for stopping all importation from, and exportation to, Great Britain, except such articles as shall be there agreed upon, as the most effectual means to obtain redress; the non-importation and non-exportation to take place on such future day as may be agreed on by the general Congress of Deputies from the several Colonies. Resolved, That our Burgesses be instructed to vote against every motion or proposal for clogging the usual imports from, and exports to, the West Indies. Resolved, That our Burgesses be instructed to oppose the importation of slaves and convicts, as injurious to this Colony, by preventing the population of it by freemen and useful manufacturers. Resolved, That it be recommended to our Burgesses to vote for the encouragement of raising sheep, hemp, flax, and cotton. Resolved, That our Burgesses be hereby instructed to endeavour to procure a general Association against trading and dealing with every Colony, Province, County, or Town, that shall refuse to come into the general plan which may be adopted by the several Colonies and Provinces on the Continent. Resolved, That our Burgesses be hereby instructed to use their utmost endeavours that subscriptions be opened in the several counties of this Colony, for the relief of the cruelly oppressed and distressed inhabitants of the town of Boston. Resolved, That our Burgesses do meet the first day of August, in Williamsburg, to consult upon the most proper means for carrying these or any other Resolves which may be judged more expedient, into execution. Resolved, That it is the opinion of this meeting, that the general plan adopted at the ensuing Congress, ought to be strictly adhered to by the whole Colony; and that this meeting will faithfully adopt such measures as may be then agreed upon. Resolved, That the above Resolutions be printed, for the perusal of the freeholders and inhabitants of this County. THOMAS ABBOTT, Clerk. 38 ITEM— VI LI PUBLIC HEARING ITEM#75907 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION, BYAGREEMENT OR CONDEMNATION Back Bay Marsh Restoration Project, CIP 100551 The following registered to speak.- Dave Olszowy, 228 Talbot Hall Road, Norfolk, Phone:489-2792, spoke in OPPOSITION Michael Megge, 2036 Hackleberry Road, Phone: 435-5201, spoke in OPPOSITION John Hurd, 2320 Leeward Shore Drive, Phone: 500-3970, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING July 2, 2024 39 ITEM— VI.J FORMAL SESSION AGENDA ITEM#75908 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 Schulman, City Council APPROVED, BY CONSENT,Agenda Items OrdinancevResoludons K:2,3,4, 5, 6 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 K. ORDINANCES I RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WOOTEN WILL ABSTAIN ONITEM#7 July 2, 2024 40 ITEM— VIX I ORDINANCESIRESOL UTIONS ITEM#75909 The following registered to speak.- Bill Wright, 904 Maryland Avenue, Phone: 589-2710, spoke in OPPOSITION Jimmy Frost, 2240 Windom Place,Phone: 343-6768, spoke in SUPPORT Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED Resolution to SUPPORT the Navy's assignment of new aircraft to the East Coast Master Jet Base at Naval Air Station Oceana (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond and Schulman) Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Mayor Dyer welcomed Congresswoman Jenn Kiggens, Janet Lomax, Captain - U. S. Navy Retired and Military Outreach Coordinator for the Office of Senator Mark Warner and Gene Garland, Command Master Chief— U. S. Navy Retired and Military Outreach Coordinator for the Office of Senator Mark Warner and then read a letter of appreciation from Captain Steve Djunaedi, Commanding Officer—Naval Air Station (NAS) Oceana. Mayor Dyer then proceeded to read the Resolution affirming City Council's support for NAS Oceana and the addition of next and future generation fleet aircraft or other modernization to ensure NAS Oceana remains the East Coast Master Jet Base and ready to handle all aviation mission requirements. Congresswoman Kiggens advised there are two (2)Master Jet Bases in the country, one on the west coast at NAS Lemoore and one here at NAS Oceana. Congresswoman Kiggens advised NAS Lemoore is slated to receive some of the next generation strike fighters and this Resolution is important in sending the message to military leadership that Virginia Beach is a welcoming city that wants the U. S. Navy to stay. Congresswoman Kiggens expressed her appreciation to City Council for their continuous support, stating, she could not be more proud to represent this District. July 2, 2024 1 REQUESTED BY: MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS 2 BERLUCCHI, REMICK, ROSS-HAMMOND AND SCHULMAN 3 4 RESOLUTION SUPPORTING THE NAVY'S 5 ASSIGNMENT OF NEW AIRCRAFT TO THE EAST 6 COAST MASTER JET BASE AT NAVAL AIR STATION 7 OCEANA 8 9 WHEREAS, the City of Virginia Beach proudly serves as the location of Naval Air to Station Oceana (NAS Oceana), which is the United States Navy's East Coast Master Jet 11 Base; 12 13 WHEREAS, the Navy's presence and the more than 13,000 naval personnel 14 stationed at NAS Oceana, their spouses and children, as well as Navy retirees who 15 formerly served at NAS Oceana, are a source of pride for the City and a part of the fabric 16 of the City of Virginia Beach; 17 18 WHEREAS, retaining NAS Oceana as the East Coast Master Jet Base as the 19 City's largest employer and the cause for the hundreds of specialized local and regional 20 contracting companies supporting the base's operations, is vital to preserving the 21 economic vitality of the City of Virginia Beach, the region, and the Commonwealth of 22 Virginia, and; 23 24 WHEREAS, the City of Virginia Beach provides the quality of life essential to 25 supporting the military community, including quality housing, ample spousal employment 26 opportunities, safe neighborhoods, an excellent school system, and award-winning 27 community recreational facilities; and 28 29 WHEREAS, the City of Virginia Beach has been recognized for its high quality of 30 life and support for the military community, having been repeatedly named a top 31 community for veterans to live and work, having been previously named the Active Base 32 Community of the Year by the Association of Defense Communities, and consistently 33 being named as one of the best cities in the nation to raise a family; and 34 35 WHEREAS, the City Council of the City of Virginia Beach understands and 36 appreciates that NAS Oceana is a vital centerpiece to naval air warfare and a key 37 component of our nation's defense; 38 39 WHEREAS, the City Council understands that the Department of Defense 40 continually evaluates military installations to ensure efficient, modern operations, with a 41 view toward streamlining its resources and enhancing national defense mission 42 requirements and military readiness; and 43 44 WHEREAS, for nearly two decades the City Council has undertaken significant 45 long-term measures to enhance the viability of NAS Oceana as an active military 46 installation in the City of Virginia Beach, including incorporating the Navy's compatibility 47 standards into the City's zoning ordinance, reviewing with Navy personnel any proposed 48 new developments in the Air Installation Compatible Use Zone footprint, and spending 49 over $130 million in state and city funds to acquire non-conforming homes and 5o businesses from willing sellers around the base (AICUZ Program); and 51 52 WHEREAS, the City's Mayor and City staff regularly meet with the NAS Oceana 53 Commanding Officer and staff to communicate, coordinate and understand each other's 54 operational activities and to address any concerns; 55 56 WHEREAS, in addition to its pledged ongoing support through its AICUZ Program, 57 the City wishes to invite the Department of Defense to count on Virginia Beach's support 58 as it considers the assignment of any present and future generations of defense aircraft 59 needed to keep NAS Oceana fully equipped for its important mission; 60 61 WHEREAS, the City of Virginia Beach takes great pride in and fully supports the 62 continued operation of NAS Oceana as the East Coast Master Jet Base; and 63 64 WHEREAS, the City Council believes it would be in the best interest of the citizens 65 of Virginia Beach, the region and the state to continue to show its unwavering support for 66 retaining Naval Air Station Oceana as the East Coast Master Jet Base, including 67 welcoming additional next generation and future aircraft to the City of Virginia Beach. 68 69 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 70 VIRGINIA BEACH, VIRGINIA: 71 72 That the City Council hereby affirms its continuing strong support for Naval Air 73 Station Oceana and welcomes the addition of next and future generation fleet aircraft or 74 other modernization to ensure NAS Oceana remains the East Coast Master Jet Base and 75 stays ready to handle all aviation mission requirements. 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on the end day 78 of July , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA16479 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d012\p048\00959202.docx R-1 June 21, 2024 �WBEt 04 -. Gi e '49 s tl OR WN N\l�Cli'' RESOLUTION WHEREAS:The City of Virginia Beach proudly serves as the location of Naval Air Station Oceana(NAS Oceana),which is the United States Navy's East Coast Master Jet Base;and WHEREAS:The Navy's presence and the more than 13,000 naval personnel stationed at NAS Oceana,their spouses and children,as well as Navy retirees who formerly served at NAS Oceana,are a source of pride for the City and a part of the fabric of the City of Virginia Beach;and WHEREAS:Retaining NAS Oceana as the East Coast Master Jet Base as the City's largest employer and the cause for the hundreds of specialized local and regional contracting companies supporting the base's operations,is vital to preserving the economic vitality of the City of Virginia Beach,the region,and the Commonwealth of Virginia;and WHEREAS:The City of Virginia Beach provides the quality of life essential to supporting the military community,including quality housing, ample spousal employment opportunities,safe neighborhoods,an excellent school system,and award-winning community recreational facilities; and WHEREAS:The City of Virginia Beach has been recognized for its high quality of life and support for the military community,having been repeatedly named a top community for veterans to live and work having been previously named the Active Base Community of the Year by the Association of Defense Communities,and consistently being named as one of the best cities in the nation to raise a family;and WHEREAS:The City Council of the City of Virginia Beach understands and appreciates that NAS Oceana is a vital centerpiece to naval air warfare and a key component of our nation's defense;and WHEREAS:The City Council understands that the Department of Defense continually evaluates military installations to ensure efficient,modern operations,with a view toward streamlining its resources and enhancing national defense mission requirements and military readiness;and WHEREAS:For nearly two decades the City Council has undertaken significant long-term measures to enhance the viability of NAS Oceana as an active military installation in the City of Virginia Beach,including incorporating the Navy's compatibility standards into the City's zoning ordinance,reviewing with Navy personnel any proposed new developments in the Air Installation Compatible Use Zone footprint,and spending over$130 million in state and city funds to acquire non-conforming homes and businesses from willing sellers around the base(AICUZ Program); and WHEREAS:The City's Mayor and City staff regularly meet with the NAS Oceana Commanding Officer and staff to communicate,coordinate,and understand each other's operational activities and to address any concerns;and WHEREAS:In addition to its pledged ongoing support through its AICUZ Program,the City wishes to invite the Department of Defense to count on Virginia Beach's support as it considers the assignment of any present and future generations of defense aircraft needed to keep NAS Oceana fully equipped for its important mission;and WHEREAS:The City of Virginia Beach takes great pride in and fully supports the continued operation of NAS Oceana as the East Coast Master Jet Base;and WHEREAS:The City Council believes it would be in the best interest of the citizens of Virginia Beach,the region,and the state to continue to show its unwavering support for retaining Naval Air Station Oceana as the East Coast Master Jet Base,including welcoming additional next generation and future aircraft to the City of Virginia Beach;and NOW,THEREFORE,BE IT RESOLVED BYTHE COUNCIL OF THE CITY OF VIRGINL4 BEACH,VIRGINIA:That the City Council hereby affirms its continuing strong support for Naval Air Station Oceana and welcomes the addition of next and future generation fleet aircraft or other modernization to ensure NAS Oceana remains the East Coast Master Jet Base and stays ready to handle all aviation mission requirements. Adopted by the Council of the City of Virginia Beach, Virginia the 2nd day of July 2024 and present this Resolution duly signed by each Member of the Virginia Beach City Council wiLb a copy spread upon the Minutes of this meeting. CouncdWem6er96chae(T.Bedlucchi Councd%em6erBar6ara 9K.7f q0uW.6erV idZutch.. CouncilJKe4er4tg6ertW'7Nosth" mick CouncilYfem6er Dr.-Amelia 2jpss-Hammond in 9Vlem6er er use CouncdWem6er Joashua E Schulman CourudWem6er kris Taylor C ncd9Kem6erSa na iD.`Wooten ,1,6 Mayor 4egs Airy`Wilson Wayor Ro6ert ."Bo66y "Dyer 41 ITEM— VI.K2 ORDINANCESIRESOL UTIONS ITEM#75910 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DIRECT the City Manager to proceed with a plan for distribution of Arts and Culture dedicated funds and to AUTHORIZE two full time positions(Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond, Schulman, and Wooten) 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 July 2, 2024 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, HUTCHESON, REMICK, ROSS-HAMMOND,SCHULMAN,AND WOOTEN 1 AN ORDINANCE TO DIRECT THE CITY MANAGER TO 2 PROCEED WITH A PLAN FOR DISTRIBUTION OF ARTS 3 AND CULTURE DEDICATED FUNDS AND TO AUTHORIZE 4 TWO FULLTIME POSITIONS 5 6 WHEREAS, the City Council has dedicated funds for arts and culture in the amount 7 of 20% of the City's admissions tax; and 8 9 WHEREAS, the City Council directed the City Manager to propose a plan for the use 10 of the funds dedicated to arts and culture; and 11 12 WHEREAS, the City Manager presented a plan to the City Council at its Informal 13 Session on June 18, 2024: 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1) That the City Council hereby adopts the plan for distribution of funding for arts and 19 culture, which includes the following initiatives: 20 a) Creating a new grant pilot to support local artists and to bring the arts into 21 communities ($200,000); 22 b) Expanding public art, placemaking and programming efforts ($350,000); 23 c) Increasing support to cultural non-profit organizations ($896,839). and 24 d) Adding two FTEs to Cultural Affairs Department to implement new programs 25 ($166,685). 26 27 2) As a result of the above action, 2.0 FTEs are hereby authorized within the FY2024- 28 25 Operating Budget of the Department of Cultural Affairs. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 n d day Of July 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16660 R-1 June 21, 2024 42 ITEM— VI K.3 ORDINANCESIRESOL UTIONS ITEM#75911 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Michael A.and Tabitha L.Roman(57.70+/-acres), the issuance by the City of its contract obligations in the maximum principal amount of$905,890 and TRANSFER funds to purchase U.S. Treasury Strips 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 July 2, 2024 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MICHAEL A. AND TABITHA L. 4 ROMAN (57.70+/- ACRES), 2) THE ISSUANCE BY THE 5 CITY OF ITS CONTRACT OBLIGATIONS IN THE 6 MAXIMUM PRINCIPAL AMOUNT OF $905,890, AND 3) 7 TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $905,890; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.839% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.839% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on,the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $276,206 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 2 n d day of 72 July 92024. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: i Agriculture Department get and nagemen Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OFTFND . Director of Finance City Attorney's Office CA16235 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d010\p050\00965501.doc R-1 June 4, 2024 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO.2023-169 SUMMARY OF TERMS SELLER: Michael A. and Tabitha L. Roman PROPERTY: 3645 Muddy Creek Road/GPIN: 2422-01-4591 PURCHASE PRICE: $905,890 EASEMENT AREA: 57.70 acres,more or less DEVELOPMENT POTENTIAL: 4 single-family building sites(0 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.839%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.839%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. 43 ITEM— VI.K.4 ORDINANCESIRESOL UTIONS ITEM#75912 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement from Venable Real Estate Limited Partnership (66.79+1-acres), the issuance by the City of its contract obligations in the maximum principal amount of$514,283 and TRANSFER funds to purchase U.S. Treasury Strips 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 July 2, 2024 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM VENABLE REAL ESTATE LIMITED 4 PARTNERSHIP (66.79+/- ACRES), 2) THE ISSUANCE 5 BY THE CITY OF ITS CONTRACT OBLIGATIONS IN 6 THE MAXIMUM PRINCIPAL AMOUNT OF$514,283,AND 7 3) TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $514,283; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.202% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.202% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on,the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $156,872.80 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 2nd day of 72 July , 2024. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and anagement Services CEREEC LABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF F 4��lt WV Director of Finance City Attorney's Office CA16487 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d010\p050\00965501.doc R-1 June 4, 2024 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2023-170 SUMMARY OF TERMS SELLER: Venable Real Estate Limited Partnership PROPERTY: 3141 Land of Promise Road/ GPIN: 1480-72-4833 4700 Block of Blackwater Road (no address assigned)/GPIN: 1480-71-4857 PURCHASE PRICE: $514,283 EASEMENT AREA: 66.79 acres, more or less DEVELOPMENT POTENTIAL: 10 single-family building sites (0 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.202% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 6.202% without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of the IPA. 44 ITEM— VI.K.5 ORDINANCESIRESOL UTIONS ITEM#75913 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE the properties at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place to be in excess of the City's needs and to AUTHORIZE the City Manager to sell the properties to the adjoining property owners 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 July 2, 2024 1 AN ORDINANCE DECLARING THE 2 PROPERTIES LOCATED AT 1452 BARTOW 3 PLACE, 1456 BARTOW PLACE, AND 207 4 WEBSTER PLACE TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND AUTHORIZING 6 THE CITY MANAGER TO SELL THE 7 PROPERTIES TO ADJOINING PROPERTY 8 OWNERS 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located at 1452 Bartow Place (GPIN: 2417-15-1311), 1456 12 Bartow Place (GPIN: 2417-15-0311), and 207 Webster Place (GPIN: 2417-15-2322) 13 (collectively, the "Properties") more particularly described on Exhibit "A" attached 14 hereto and made a part hereof; 15 16 WHEREAS, the City acquired the Properties pursuant to the APZ-1 17 Acquisition Program on January 28, 2010 for $195,000, November 14, 2008 for 18 $210,000, and October 9, 2009 for$200,000, respectively; 19 20 WHEREAS, the City funded the acquisition of the Properties through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 22 contributing fifty percent (50%)of the funds; 23 24 WHEREAS, the Properties are in the midst of other residences and at the 25 time of acquisition were improved with single-family homes that have since been 26 demolished; 27 28 WHEREAS, adjoining property owners have requested to purchase the 29 Properties in order to utilize them in a manner compatible with the APZ-1 Ordinance; 30 31 WHEREAS, adjoining property owners, Jacqueline E. Godfrey and Eugene 32 C. Hunt, desire to purchase the Properties in accordance with the Summary of Terms 33 attached hereto as Exhibit "B" and made a part hereof; 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that City 36 Council declare the Properties to be in excess of the City's needs and sell the 37 Properties to the adjoining property owners; and 38 39 WHEREAS, the City Council is of the opinion that the Properties are in 40 excess of the needs of the City of Virginia Beach. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 That the Properties are hereby declared to be in excess of the needs of 46 the City of Virginia Beach and that the City Manager is hereby authorized to execute 47 any documents necessary to convey the Properties to the adjoining property owners in 48 accordance with the Summary of Terms attached hereto as Exhibit_"B" and such other 49 terms, conditions or modifications as may be acceptable to the City Manager and in a 5o form deemed satisfactory by the City Attorney. 51 52 Further, that revenue from the sale of the Properties in the amount of 53 $31,737 shall be received and fifty (50) percent of this amount shall be deposited for 54 appropriation in future Capital Improvement Program capital budgets in Capital 55 Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana & ITA Conformity 56 $ Acquisition II Project, and fifty (50) percent shall be deposited for future payment by 57 the City Manager to refund the Commonwealth's portion in accordance with the grant 58 agreement. 59 60 This Ordinance shall be effective from the date of its adoption. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 3 2 n d day of July , 2024. CA16077 R-1 08/04/2023 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d0111p044\00905304.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT s P�bliC Works Peal Estate B dget & Marx6gement Services APPROVED AS TO LEGAL SUFFICIENCY Clty orn y's OffIC0 EXHIBIT "A" LEGAL DESCRIPTION 1452 & 1456 BARTOW PLACE (GPINS: 2417-15-1311 and 2417-15-0311) ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, being known, numbered and designated as Lots Twenty-eight(28) and Twenty-nine (29)as shown on the plat entitled, "BARTOW HEIGHTS," which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 54, at page 45, to which reference is made for a more particular description. RESERVING UNTO THE CITY, all underlying fee in and to the streets, alleys, and other rights-of-way abutting said City Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from William A. Potter, Jr. and Richard A. Potter, dated January 21, 2010, and recorded in the aforesaid Clerk's Office as Instrument No. 20100128000089040. IT FURTHER BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Douglas O. Gilbert, dated October 23, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20081114001315010. 207 WEBSTER PLACE (GPIN: 2417-15-2322) ALL THAT certain lot, piece or parcel of land, with the buildings and improvement thereon, situate in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot Twenty-seven (27) as shown on the plat entitled, "BARTOW HEIGHTS, SUBDIVISION OF PARCELS 41 & 42, PLAT OF OCEANA GARDENS, VIRGINIA BEACH, VIRGINIA," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 54, at page 45, to which reference is made for a more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said City Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from George R. Kusner, III and Sherry L. Kusner, husband and wife, dated September 29, 2009 as Instrument Number 20091009001189680. EXHIBIT "B" SUMMARY OF TERMS SELLER: City of Virginia Beach BUYER: Jacqueline E. Godfrey PROPERTIES: 1452 Bartow Place (GPIN: 2417-15-1311) and 1456 Bartow Place (GPIN: 2417-15-0311) consisting of a total of approximately 20,735 square feet (0.48 acres), more particularly described on Exhibit A SALE PRICE: $20,735.00 BUYER: Eugene C. Hunt PROPERTY: 207 Webster Place (GPIN: 2417-15-2322) consisting of approximately 11,002 square feet (0.25 acres), more particularly described on Exhibit A SALE PRICE: $11,002.00 CONDITIONS OF SALE: • Properties are purchased "As is, Where is," and will be conveyed by Special Warranty Deed. • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Properties for accessory structures, or Buyers may otherwise utilize the Properties for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • In the event of development or redevelopment by Buyers, Buyers will be required to address stormwater quantity and quality on site. • Seller shall resubdivide the Properties to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Buyers shall adhere to all zoning ordinances and City Code requirements. • Buyers shall be responsible for their own closing costs, recording fees, and attorney's fees. • Closing shall occur on or before 60 days from the approval of the resubdivision plat, unless extended by the City Manager. • Approval of the sale shall be revoked if closing has not occurred on or before December 31, 2026, unless extended by the City Manager prior to such date. 45 ITEM— VI.K.6 ORDINANCESIRESOL UTIONS ITEM#75914 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 110 of Appendix F of the Chesapeake Bay Preservation Area Ordinance re notices ofpublication 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 July 2, 2024 1 AN ORDINANCE TO AMEND SECTION 110 OF 2 APPENDIX F, CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE 4 PERTAINING TO NOTICES OF PUBLICATION 5 6 Section Amended: § 110 of the Chesapeake Bay 7 Preservation Area Ordinance 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 110 of the Chesapeake Bay Preservation Area Ordinance is hereby 13 amended and reordained to read as follows: 14 15 Sec. 110.Variances. 16 17 . . . . 18 19 (D) Not later than sixty(60) days after the receipt of an application, the Board shall hold 20 a public hearing on such application. Notice of the time and place of the hearing 21 shall be published ae-less-aka eese-eeF-week-f6F-A G-Q4-sensese#iYe-weeks-ems 22 te-su&-hearlag twice in a newspaper having a general circulation in the City. The 23 first notice shall be published no more than fam4een-414) twenty-eight 528? days 24 before the meeting iF#en adeptien and the second notice shall be published not 25 less than sic seven f7) days a#eF the-€►rat before the date of the meeting. The 26 cost of the public notice shall be charged to the applicant. 27 28 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 n d day Of July , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attomey's Office CA16496 R-2 April 18, 2024 46 ITEM— VIE 7 ORDINANCESIRESOL UTIONS ITEM#75915 The following registered to speak.- Ramsay Smith, 4433 Corporation Lane, Phone: 490-3141, spoke in SUPPORT Akhil Jain did not respond Frederick Napolitano, 4433 Corporation Lane, Phone: 490-3141, spoke in SUPPORT Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council ADOPTED Resolution to APPROVE modifications to a Term Sheet re redevelopment of Pembroke Mall; AUTHORIZE execution of definitive project documents and Support Agreement;and REQUEST approval by the City's Development Authority of Modified Term Sheet Voting: 9- 1 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 and Vice Mayor Rosemary Wilson Council Members Voting Nay: Chris Taylor Council Members Abstaining: Sabrina D. Wooten Council Members Absent: None July 2, 2024 I FAe 04 .. x City of Virginia Beach 2 P Of- OUR NA3%ON9 July 2, 2024 VBgov.com Sabrina D.Wooten CELL:(757)797-5625 Council Member P.O.Box 6665 District 1-Centerville VIRGINIA BEACH,VA 23456 Refer to File No. 0089416 EMAIL:swooten@vbgov.com Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the resolution (1) approving modifications to a term sheet relating to the redevelopment of Pembroke Mall; (2) authorizing the execution of definitive project documents and support agreement; and (3) requesting approval by the City of Virginia Beach Development Authority of the final term sheet. 2. The developer, Pembroke Square Associates, LLC, has disclosed that TowneBank is a service provider with respect to this transaction. I have business dealings with TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. I will abstain from voting on this matter. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, r abrina D. Wobten Councilmember SDW/RRI 1 RESOLUTION 1) APPROVING MODIFICATIONS TO A 2 TERM SHEET RELATING TO THE REDEVELOPMENT 3 OF PEMBROKE MALL; 2) AUTHORIZING THE 4 EXECUTION OF DEFINITIVE PROJECT DOCUMENTS 5 AND SUPPORT AGREEMENT; AND 3) REQUESTING 6 APPROVAL BY THE CITY OF VIRGINIA BEACH 7 DEVELOPMENT AUTHORITY OF MODIFIED TERM 8 SHEET 9 10 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 11 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 12 have engaged in extensive negotiations with representatives of Pembroke Square 13 Associates, LLC, a Virginia limited liability company (the "Developer"), and its affiliates, 14 regarding the redevelopment of Pembroke Mall; 15 16 WHEREAS, the proposed project is a mixed-use, multi-level development, 17 consisting of senior housing, retail, residential apartments, a hotel, and parking (the 18 "Project"); 19 20 WHEREAS, on April 19, 2022 by RES-04154 City Council approved a term sheet 21 (the "Original Term Sheet"), which outlined the comprehensive development plan for the 22 Project, including all public participation; 23 24 WHEREAS, Developer has continued to refine its plans for the Project, and has 25 requested modifications to the Original Term Sheet to reflect the final plans for 26 development of the Project; 27 28 WHEREAS, staff and Developer have revised the Original Term Sheet to reflect 29 the amended terms in a revised term sheet (the "Final Term Sheet"); 30 31 WHEREAS, the changes between the Original Term Sheet and the Final Term 32 Sheet are shown in a blackline comparison attached hereto as Exhibit A, and the Final 33 Term Sheet is attached hereto as Exhibit B; 34 35 WHEREAS, the obligations of the Authority outlined in the Final Term Sheet 36 would be supported by a support agreement between the City and the Authority (the 37 "Support Agreement"); 38 39 WHEREAS, the Support Agreement obligations would be structured to be paid, 40 subject to annual appropriation, using real estate taxes generated at the Project, with 41 the proposed special service district funds serving as an initial backstop for any 42 shortfalls; 43 44 WHEREAS, the City Council finds that the Project will stimulate the City's 45 economy, increase public revenues, enhance public amenities and further the City's 46 development objectives for the Pembroke area of the City; and 47 WHEREAS, the City Council desires that the Authority approve the Final Term 48 Sheet and authorize the execution of definitive project documents in substantial 49 conformity with the terms outlined in the Final Term Sheet, including, but not limited to a 50 development agreement and the Support Agreement (collectively, the "Definitive Project 51 Documents"). 52 53 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 56 1. That City Council hereby approves the Final Term Sheet between the 57 Authority and the Developer, a copy of which is attached hereto as Exhibit B and made 58 a part hereof. 59 60 2. That the City Council authorizes the execution of the Definitive Project 61 Documents so long as such documents are in substantial conformity with the terms set 62 forth in the Final Term Sheet and such other terms, conditions or modifications as may 63 be acceptable to the City Manager and in a form deemed satisfactory by the City 64 Attorney. 65 66 3. That City Council requests and recommends that the Authority adopt a 67 Resolution consistent with this Resolution approving the Final Term Sheet and 68 authorizing execution of the Definitive Project Documents. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 n d day 71 of July , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Wing / Economic Development City Attorney (Kathy M. Warren) CA16557 \\vb9ov.com\dfs 1\appl ications\cityiaw\cycom321wpdocsld0241p043100974340.doc June 20, 2024 R-1 I6/24/24 EXHIBIT A PEMBROKE MALL REDEVELOPMENT TERM SHEET Staff of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") were approached by Pembroke Square Associates and its affiliates (the "Developer") about public participation in the redevelop%*Ipf portions of the existing Pembroke Mall. Pembroke Square Associates owns the Pembr ee Mull and intends to replace portions of the existing indoor retail and surface parking with~a nulti phased project that will expand the commercial tax base in the City and provide add' 'c al ameni# e for the citizens of Virginia Beach. As set forth below, the Developer proposes the developm mixed-use velopment project consisting of senior housing, multifamily resi 1,`i etail, ho d parking uses. The Developer has requested the Authority and the Ci o publicly participa a Project (further defined below)primarily in the form of the acq . rti f structured pkin cilities. In addition, the Developer has requested the establis of a special service district (as further described below, the "SSD") to offset certain coss re to the pj p ng facilities and to provide enhanced services within the project aka. These s of pa ation will allow the Developer to address public parking needs, rovide public am s an dramatically enhance the density and quality of development, istent with the City's in the Town Center area of Virginia Beach. This Term She 1 outline of terms. M ver,this Term Sheet is not,nor is it intended to be, an offer, an cept ce, or a binding agreement of any kind. To the contrary, this Term Sheet is only the basic terO of a possible transaction, which may be agreed in principle o . Although" et identifies many of the material issues, any possible transacti is omplex and ssues y arise during preparation and negotiation of definitive doc tation kt have not een discussed in this Term Sheet. Accordingly, legal obligations am n arti 11 y as specified in any definitive agreements that ultimately may be approved Ncn City Couil, the Authority's Board of Commissioners and the Developer's principals,ancut by all of the parties. Any and all obligations of the City and the Authority are subject topation of sufficient funds to meet those obligations by the City Council of the City of Virginia,Beach. Additionally, none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate a transaction or any related documentation or, if such negotiations commence, to continue such negotiations. Nonetheless, by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and their respective willingness to commence negotiation and preparation of definitive documentation toward that end. 1 I6/24/24 -h Project Description: The project will be constructed in three(3)phases(described below) on approximately 5.273 acres of property currently owned by Developer and operated as the-Pembroke Ma4Square (the "Property"). The Developer intends to construct a mixed-use development project containing multiple buildings and use categories generally as described below. The Project will involve demolition of portions of the existing indoor mall, some surface parking and certain existing outbuildings. The following elements will constitute the "Project", with all numbers approximated and subject to refinement: a. Phase I: a 7-story, apprw6ineAely-1-58153-unit senior living community to be eeestr-eswd in what 4*ewwas formerly surface parking at the northe ern corner of the Pembroke MaM uare. Phase I will be supported by surface parking.' Developer's anticipated investment is approximately$ 643001000 . b. Phase II. aka 7-story multi-use structure with approximately 35,0 square feet of ground floor retail, "Phase 11 Gaffige"), and-76 levels of apartments with 1.)�272 market rate units. There will also be a 7-story varkipharage "Phase II Gara e" adjacent to the multi- use structure consistingof a rox' el 611 s a . Phase . will be in the area that is safei4yformerly the central a of Pemb M . Developer's anticipated investment in Phase II is imate 500,0 for the retail and approximately $6668,600 00 . e artments. The anticipated public investment in the par ' in Phase proxi ly $'9,674,366.W.18,330,000 plus a ortion of the SSD in ect b elow. Phase II will be a multi-unit condominium w' each el of the Ph a separate condominium unit. c. Phase III. A 4-47-story -ate,parking garage-,and restaurant.The ground floor will be a a 1rant12levels of p ,and appreximately,209 Opaeas eve ar ' ara a(the"Phase III Garage"and;collectively with the a II Garage,the "Gars s!} ")will consist of approximately 134 spaces and the 4 els o otel, ,will consist of approximately 156 r s.In add to the structured 12arking,there will be avyroximately 29 surface aces ag in the immediate vicinily of the Phase III structure. Phase III wil -be adjacen Virginia Beach Boulevard -where athe SunTrust/Truist bank was ioi-Tnerl` . Developer's anticipated investment in Phase III is approximately$4-" ,,,:" ,,. t.31,883,000. The public investment in the parking is Phase III is anticipated to be approximately$ ,020,000 plus a portion of the SSD monies per Section 3(b)below. Phase III will also be a multi-unit condominium with each element of the Phase a separate condominium unit. 2. Developer Obligations. a. The Developer will construct,or cause to be constructed,all elements of the Project. All components above are subject to mutual collaborative refinement. 2 6/24/24 b. Developer acknowledges that its proposed private investment, and the proposed uses in the Project are the basis for the level of financial support offered by the Authority. Material deviations in investment or form resulting in a reduction of Developer's private investment could require the public investment be likewise reduced. Alternatively, any increase in Developer's private investment could result in the public investment likewise being increased. c. The Developer's construction of the Project shall comply with the City Council's Small Business Enhancement Program. In addition, the Developer acknowledges the City Council's 4-012% minority subcontractor goal and will work with the City to identify and use minority subcontractors to the extent commercially reasonable. (Please provide a copy of the City's Small Business Enhancement Program.) 3. _City/Authority Participation. a. To satisfy the expressed need for additional public parking, the Developer shall construct and sell to the C-4y uth9M, and thq.� thorif shall purchase each Garage from the Developer,at the co letion x .. Each pplica Phase, r`. Garage to be purchased pursuant ndomi parking nit purchase agreement in form and substance mutuallys isfacto '� the C1 -the Developer. The r;h, sha evide funding On Aiggion o structi yr of each Garage, the design, developffieH4 and e8fist. as you go basis.The City Authority will pw acquire the `� e for $3• ti per sace, inclusive of all hard and soft costs err. except as set forth Sec elow� In addition to the ' be a e$30 00 4 ace t 'City will also pay up to $2 750 per space for constructionoloan i erest incur, Developer during and attributable to the construction of the G itv shall have e option of paying construction costs of the Garages t-A 224 _Rf t_� 9 Iz This fee will be Payable OR mutdally agreeable to . prior to comption educe interest incurred during construction, provided any such payments shall be applicable to the purchase price of the applicable Garage upon completion'The Garages shall be free and open to the public for a period of 30 years from the date each gaffigeGarage opens. The f4tyAuthori shall grant to the Developer a mutually agreeable parking license wherein the Developer, or its successors and assigns, shall have the exclusive right to use a designated number of parking spaces throughout the Project, with the locations and cost of such Parking License to be established in the development documents. b. The Developer shall agree that the Project will be subject to a special assessment established pursuant to a Special Services District("SSD"). The initial amount of the SSD is anticipated to be an additional $0.45 to the real estate tax rate. It is anticipated that $5,500,000:40 of the SSD monies will be used to pay for costs of the Garages in excess of 3 6/24/24 $30,000.40 per space, including a total of$1,500,000 in design /soft costs for the Garages currently allocated as follows: (a) $ 0,000 for Phase II and (b) 640,000 for Phase III. Included in the $1,500,000 design/soft costs shall be a development fee for the Garages. The remainder will pay for certain enhanced services at the Project, and for maintenance and upkeep of the Garages. The SSD rate will be set by City Council after consultation with the Developer during the pre-development period described below. C. All obligations of the City and Authority to be expressly s ect to the City Council appropriating sufficient funds to the Authority to meet its ob ' ti 4. Guaranty of Assessed Value: IAs set forth in Section 3 above,the City/Authority intends to ce the cost o e Garages with (i) real estate and hotel taxes generated at the Project an j' a portion of the SSD monies. It is possible that the Ow-City) n will experience of certain of the material benefits of its bargain under rncludin , witho imitation, a material g J g reduction of anticipated tax revenu? rPhases f the private elements of the Project do not yield the anticipated assessed values, or are not mp a within the timeframes set forth below in Section 5. In consideration of such pote oss,Developer shall cause the entities owning the projec s to pay a reimburs t a unt(the"RA Amount")sufficient to restore any shortfall ' ctual taxes to the am o projected(based on the existing real estate tax rate). Th ill be secure on terms and in a foam acceptable to the ICity/Authority. ase pro copy of theeimbursement guaranty and there should be separate guarantie or each pr ` 5. Proposed Timeline: b:a.Til&.--- TT eaas4uetienwithia 16 months of appr-eval of Pr-E�eet by .Phase I is in progress and anticipate o be complete by Fall 2024. i .Pyasecommence construction within 16 months of approval of Project by Ccil. Completion*14-siin-2^ ,�,,, AH-0, �i ,. .�s anticipated by the end of 2 c. Phase Ill to commence construction within 16 months of approval of Project by City Council. d. In any event, the parties anticipate all three phases will be complete by July 1, 2028. 6. Next Steps 4 6/24/24 a. Public briefmg of revised Terns Sheet b. Public Comment and City Council and Authority vote on Term Sheet and authorization to execute Definitive Documents. Same. Sheet vnnn nt_.n Wr. nt W 22 a 1004C eex 6/24/24 EXHIBIT B PEMBROKE MALL REDEVELOPMENT TERM SHEET Staff of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") were approached by Pembroke Square Associates and its affiliates (the "Developer") about public participation in the redevelop of portions of the existing Pembroke Mall. Pembroke Square Associates owns the Pemb� e Mall and intends to replace portions of the existing indoor retail and surface parking wit `multi-phased project that will expand the commercial tax base in the City and provide add' 'cal amenies for the citizens of Virginia Beach. As set forth below, the Developer proposes the developmeftpf mixed-use velopment project consisting of senior housing, multifamily resgotitial,'tietail, ho d parking uses. The Developer has requested the Authority and the Ci o publicly participa a Project (further defined below)primarily in the form of the acq ' rti f struced n cilities. In addition, the Developer has requested the establis of a special service trict (as further described below, the "SSD") to offset certain cosi' re to the p g facilities and to provide enhanced services within the project ata. These ones of p ion will allow the Developer to address public parking needs, rovide public amenities an dramatically enhance the density and quality of development, istent with the City's�oaein the Town Center area of Virginia Beach. This Term Sh i n outline of terms. M ver,this Term Sheet is not,nor is it intended to be, an offer, an ceptance, or a binding eement of any kind. To the contrary, this Term Sheet is only a� y of the basic terps of a possible transaction, which may be agreed in principle o Although thi n° 'et identifies many of the material issues, any possible transacti is mplex andV es pay arise during preparation and negotiation of definitive doc tation t have non discussed in this Term Sheet. Accordingly, legal obligations am n part 'll lys specified in any definitive agreements that ultimately may be approved` City Co l; the Authority's Board of Commissioners and the Developer's principals,an ut y all of the parties. Any and all obligations of the City and the Authority are subject to ap ation of sufficient funds to meet those obligations by the City Council of the City of Virginia each. Additionally, none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate a transaction or any related documentation or, if such negotiations commence, to continue such negotiations. Nonetheless, by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and their respective willingness to commence negotiation and preparation of definitive documentation toward that end. 1 6/24/24 Project Description: The project will be constructed in three(3)phases(described below) on approximately 5.273 acres of property currently owned by Developer and operated as Pembroke Square (the "Property"). The Developer intends to construct a mixed-use development project containing multiple buildings and use categories generally as described below. The Project will involve demolition of portions of the existing indoor mall, some surface parking and certain existing outbuildings. The following elements will constitute the "Project", with all numbers approximated and subject to refinement: a. Phase I: a 7-story, 153-unit senior living community i was formerly surface parking at the northeastern corner of the Pembroke Square. ase be supported by surface parking. The Developer's anticipated investme s ap roxima 64,300,000 . b. Phase II. a 7-story multi-use structure with pp ately 35,00 feet of ground floor retail and 6 levels of apartments with 272 mar to units. T e will also be a 7-story parking garage ("Phase II G .acent a multi-use structure consisting of approximately 611 spaces. a II wi the a at is formerly the central area of the Pembr oke Mall. ve 's ip inv ment in Phase II is approximately$2,500,000 for the re d appr ately$6 00,000 for the apartments. The anticipated public investme in th king in e II ' approximately $18,330,000 plus a portion of the SSD m per Se 3(b) b Phase II will be a multi-unit condominium with each a ement a Phase ara condominium unit. c. Phase III. A 7 ry hotel, ng gara and restaurant. The ground floor will be a restaurant, 2 le is rki gar a d levels of hotel. The parking garage (the "Phase III Gar a and col ely with t hase II Garage, the "Garages") will consist of approxim tely 4 spaces e 4 levels of hotel will consist of approximately 156 rooms. In 'on the structure ing,there will be approximately 29 surface parking spaces roun edia vicinity of the Phase III structure. Phase III will be ad' to Virgini ` Bea ulevard where the SunTrust/Truist bank was formerly Gated. Developer' ;antici ated investment in Phase III is approximately $31,883,000. e pub investme J the parking is Phase III is anticipated to be approximately 00 pus ion of the SSD monies per Section 3(b) below. Phase III will also be a ti-unit c_ ominium with each element of the Phase a separate condominium unit. 2. Develo eiI bli ations. a. The Developer will construct,or cause to be constructed,all elements of the Project. All components above are subject to mutual collaborative refinement. b. Developer acknowledges that its proposed private investment, and the proposed uses in the Project are the basis for the level of financial support offered by the Authority. Material deviations in investment or form resulting in a reduction of Developer's private investment could require the public investment be likewise reduced. Alternatively, any 2 6/24/24 increase in Developer's private investment could result in the public investment likewise being increased. c. The Developer's construction of the Project shall comply with the City Council's Small Business Enhancement Program. In addition, the Developer acknowledges the City Council's 12%minority subcontractor goal and will work with the City to identify and use minority subcontractors to the extent commercially reasonable. (Please provide a copy of the City's Small Business Enhancement Program.) 3. City/Authority Participation. a. To satisfy the expressed need for addition p lic pa , the Developer shall construct and sell to the Authority,and the Autho ' all purchase Garage from the Developer at the completion of the applicable Phase. ch Garage to urchased pursuant to a condominium parking unit pur gree in form d substance mutually satisfactory to the City and the Dev per. in ti co struction of each Garage, the Authority will acquire the G or $30 spac clusive of all hard and soft costs except as set forth in ction ow. dition to the $30,000 per space, the City will also pay up to , per spa r cons tion loan interest incurred by Developer during and attrib able to constru he Garages. The City shall have the option of paying con on cos -the Gar es prior to completion to reduce interest incurred during nstructi rovide , ch payments shall be applicable to the purchase price of plicab e upo completion. The Garages shall be free and open to the p lic f d of s from the date each Garage opens. The Authority shall t to the loper a tually agreeable parking license wherein the Developer, its s cessors an shall have the exclusive right to use a designated number aces throug t the Project, with the locations and cost of such Park' g License 'n the development documents. e Develop shall agree that the Project will be subject to a special assessment blis rs t t Special Services District ("SSD"). The initial amount of the SSD is ipated to n additional $0.45 to the real estate tax rate. It is anticipated that $5,5 0 of SSD monies will be used to pay for costs of the Garages in excess of $30,000 ace, including a total of $1,500,000 in design/soft costs for the Garages currently ocated as follows: (a) $860,000 for Phase II and (b) $640,000 for Phase 111. Included in the $1,500,000 design/soft costs shall be a development fee for the Garages. The remainder will pay for certain enhanced services at the Project, and for maintenance and upkeep of the Garages. The SSD rate will be set by City Council after consultation with the Developer during the pre-development period described below. 3 6/24/24 C. All obligations of the City and Authority to be expressly subject to the City Council appropriating sufficient funds to the Authority to meet its obligations. 4. Guaranty of Assessed Value: As set forth in Section 3 above,the City/Authority intends to finance the cost of the Garages with (i) real estate and hotel taxes generated at the Project and (ii) a portion of the SSD monies. It is possible that the City/Authority will experience a 1 of certain of the material benefits of its bargain under the Project (including, with imi ation, a material reduction of anticipated tax revenues)if the private elements o e Project do not yield the anticipated assessed values, or if the Phases are not com 1 within the timeframes set forth below in Section 5. In consideration of such poten ' los , Developet shall cause the entities owning the projects to pay a reimbursement a o he "RA Amount"),sufficient to restore any shortfall in actual taxes to the amou s rojec ased on the existing real estate tax rate). The RA Amount will be secur ,�. s and "a form acceptable to the City/Authority. (Please provide a copy of the reimbursement guaranty aid there should be separate guaranties for each project.)� 5. Proposed Timeline: a. Phase I is in progress and anticip o N116ths y Fall 2024. b. Phase II to commence construction withi of approval of Project by City Council. C pletion is anticipated by the end of 2027. c. Phase III to c ce co uction within 16 months of approval of Project by City Cou d. In any e e , the parti icipate all three phases will be complete by July 1, 20 6. Nex to s a. ""Public briefin` of rev ed Term Sheet b. Public Comment and City Council and Authority vote on Term Sheet and uthoriza 'on to execute Definitive Documents. 4 t a taw INDEPENDENCE BLVD. ou �jl I 6 a �r CONSTITUTION DRIVE Fs I g: AV O Z rD O 1 . #k D MD I I I • I . "47jd y i >2a \1 4`I p -dn � Y,. "f_ . � ,.t; ' . -k�- - ` i J 5,75 g ,pa • wnti 'i :.. v5 "; a�9 ?_`t' U 45- , � 3&S I.r'' d6;. I PF 5u _ eba 4 ` `� \ 2 / aa5a ,4sGti 3W 3w 4fx' I QB!2� ",4PA7.A� :r+21 - 1 t�, . y"u^0Y'1t- \% d9t) 4405 �''y 3nC ,yFr rC 44Ut `:�633 4G2n , . � ' ��, 1 "4 , r LOCATION MAP ,, 4h, ,5 - 44,,5 � _. 403 4659 iiG4, d 2 i - ' S. 105 � ?(1 GS k `a 1 4� ' a.14 Ic7 d,24 � � .Y� . VALLEYF L d"=t _ � �a4arr ��N.� a5,t t e:, ab , 42q a a>za azM r -� 44 4 t3 4 r- - --�t, t�r F 446 r a6�2! la�i'9 s1 .�oa dE;>iJ;1 �. 1 � � - _ _ 412 ' 4I,,,4 II 33 i \!44E+�1 Eft 4Q8 �, �iS'"-4—`3�h t� `1,,•.i%�� a � ,;.,`Y aj' ,. 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Adopted by the Council of the City of Virginia Beach, Virginia, on the end day Of July , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA 16549 R-1 June 18, 2024 48 ITEM— VIM APPOINTMENTS ITEM#75917 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 COMMUNITY SERVICES BOARD HEALTH SERVICES AD VISOR Y BOARD HISTORIC PRESERVATION COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD S TOR MWATER MANAGEMENT IMPLEMENTA TION AD VISOR Y GROUP TRANSITIONAREA/ITA ADVISORY COMMITTEE VB CANNABIS ADVISORY TASK FORCE VB COMMUNITY DEVELOPMENT CORPORATION July 2, 2024 49 ITEM— VI.L APPOINTMENTS ITEM#75918 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: MELISSA YAE LIN CHANG YSABEL S. WELLS Student term 71212024—613012025 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 July 2, 2024 50 ITEM— VI.L APPOINTMENTS ITEM#75919 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ANNE MANNARINO Three year term 71212024—613012027 MILES PULLMAN Student term 71212024—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 July 2, 2024 51 ITEM— VI.L APPOINTMENTS ITEM#75920 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: ELLA MILLER BRYNN PSIMAS Student term 71212024—613012025 GREEN RIBBON COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None July 2, 2024 52 ITEM— VI.L APPOINTMENTS ITEM#75921 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MARY C.MALONEY Unexpired thru 513112026 HEALTH SERVICES ADVISORYBOARD 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 July 2, 2024 53 ITEM— VI.L APPOINTMENTS ITEM#75922 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: AMANDA JARRATT (Deputy City Manager of Economic Vitality) No Term OCEANA LAND USE CONFORMITY 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 July 2, 2024 54 ITEM— VI.L APPOINTMENTS ITEM#75923 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED all Commissioners with terms in order to be in compliance of amended requirements adopted by City Council on June 4, 2024: ELLIS HINNANT-WILL PATTY JARM (Representing Resident in Old Beach Overlay District) One year term 71212024—613012025 JEREMYMALONEY (Representing Licensed Architect) NANCYPARKER (Representing Resident in Old Beach Overlay District) Two year term 71212024—613012026 WILLIAMALMOND (Representing Resort Advisory Commission) Three year term 71212024—613012027 OLD BEACH DESIGN REVIEW 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 July 2, 2024 55 ITEM— VI.L APPOINTMENTS ITEM#75924 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: RORENA F. FINN Unexpired thru 513112025 Plus three year term 61112025—513112028 COOPER C.STUART Student term 71212024—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 July 2, 2024 56 ITEM— VI.L APPOINTMENTS ITEM#75925 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: KREMENA DIMITROVA (Representing Alternate Merit Service Employee) Unexpired thru 212812027 PERSONNEL BOARD Voting: 11 - 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None July 2, 2024 57 ITEM— VI.L APPOINTMENTS ITEM#75926 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED all Commissioners with terms in order to be in compliance of amended requirements adopted by City Council on May 7, 2024: WILLIAMALMOND WILLIAM A. COLEY CAL VERN F. JACKSON-GREEN One year term 71212024—613012025 SARAH R. WELCH BRUCE L. JOHNSON CLENISE R.PLATT DONNA S. TURNER Two year term 71212024—613012026 LAWRENCE B.DOTOLO RICHARD BOWIE MIKE EASON BRAD MARTIN Three year term 71212024—613012027 PROCESS IMPROVEMENT STEERING COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None July 2, 2024 58 ITEM- 1/7 L APPOINTMENTS ITEM#7592 7 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: RACHEL PERRY No Term SHORT TERM RENTAL ENFORCEMENT TASK FORCE 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 July 2, 2024 59 ITEM— VU APPOINTMENTS ITEM#75928 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: SADIE MIXER Student term 71212024—613012025 TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None July 2, 2024 60 ITEM— VI.L APPOINTMENTS ITEM#7592 9 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: STEPHEN B.BALLARD (Representing Alternate Member) Unexpired thru 913012025 WETLANDS BOARD Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None July 2, 2024 61 ADJOURNMENT ITEM#75930 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSIONADJOURNED at 7.23 P.M. Terri H. Chelius Chief Deputy City Clerk II)m� I ands B r s,M Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia July 2, 2024 62 OPEN DIALOGUE The following registered to speak: Urvi Jain, spoke to request City Council adopt Ordinance supporting a five (5) cent plastic bag fee Stellan Stafford, 1016 Old Canterbury Road,Phone:831-4087,requested fundingfor High School Students to attend the National Leadership Conference annually Vic Nicholls did not respond Teresa Kraus, 4692 Berrywood Road, Phone: 615-4915, spoke in SUPPORT of the Violet Bank Trail Katherine Howell, 5809 Coastal Pointe Drive, Phone: 817-524-5 73 7, requested City Council adopt a Resolution requesting a ceasefire in Palestine Sally Andrews Gudas, 9419 Selby Place, Norfolk, Phone: 804-399-8342, 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 SaherMirza, 3940MeetingHouse Road,Phone:919-302-2274, requested City Council adopt a Resolution requesting a ceasefire in Palestine Austin Martir, 4165 Rainbow Drive, Phone:275-3451, requested City Council adopt a Resolution requesting a ceasefire in Palestine Mike Dial, 1140 Kittery Drive, Phone: 202-3374, spoke in SUPPORT of the Violet Bank Trail and requirements for the Americans with Disabilities Act(ADA) Madeline Loss, 7 Thomas Drive, Poquoson, Phone: 912-7928, requested City Council adopt a Resolution requesting a ceasefire in Palestine Nihal Gokus did not respond Bartley Barefoot, 4700 Berrywood Court, Phone: 652-9668, spoke in SUPPORT of the Violet Bank Trail Tariq Jawhar, 3304 Elmhurst Boulevard, Chesapeake, Phone: 871-8525, requested City Council adopt a Resolution requesting a ceasefire in Palestine Walter Camp, 4692 Berrywood Road, Phone: 576-1006, spoke in SUPPORT of the Violet Bank Trail Holli Martir, 4165 Rainbow Drive,Phone:339-5325, expressed frustration concerning high cost of utilities ADJOURNED AT 8:05 P.M. July 2, 2024