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Home My WebLink AboutSEPTEMBER 3, 2024 FORMAL SESSION MINUTES CIA BBC �p (U . VA ono` 9�;s ABA;; <, O, OIN PP110,i5 Y VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia SEPTEMBER 3,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, September 3, 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 �v''BFa VM W S s� r r` VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia SEPTEMBER 3,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, September 3, 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 CITY COUNCILS BRIEFINGS • , WASTE AWARENESS I 'II P.M. Mayor welcomedKristiRines, Staff Liaison, MauryChair andTeny Stevens, ViceChair Virginia Beach CleanI I / expressed her appreciation tI City Councilfor their continued /II P4 pMERI(,� im iK BEAUTIFUL C CELEB o'r: Zero Waste Awareness Small Changes. Big Impact. VB Clean Community Commission Maury Hill,Chair and Terry Stevens,Vite Chair Knzti Rines,Staff Liaison VIRGINIA BEACH VB Clean Community Commission • Formed in 1980 to promote litter prevention, recycling, beautification, and general environmental awareness through educational projects designed to reach all segments of the community. • VBCCC Mission • To promote a cleaner, more beautiful City and to ensure our community's environmental vitality. A� • Encourage sustainable use of resources. • Increase Awareness of Environmental Stewardship (Litter Prevention,recycling,and beautification). ' • • Provide education to engage the community in environmental stewardship activities. 2ER0 WISTE AWARENESS 12 September CITY COUNCILS BRIEFINGS / WASTE AWARENESS WEEK ITEM /6' Here are the different types of waste collected during FY 23124, totaling 168,495 tons: Waste Wise Mrs. Rines turned the presentation over to Ms. Stevens. Each year the City recognizes thefirstfull week in • In FY 23/24,Waste Management collected 168,495 tons of household waste while the City's recycling contractor collected 22,847 tons of recyclables. Trash Yard Waste Bulk Items Recycling 148,158 tons 15,326 tons 5,011 tons 22,847 tons ZERO WASTE AWARENESS�3 September / "ZeroWaste / Zero Waste Awareness Week In 2023, the Virginia Beach City Council signed a resolution, on the recommendation of the VBCCC, that recognizes the first full week of September as Zero Waste Awareness Week. During Zero Waste Awareness Week, the City highlights all the ways that residents can work towards azero-waste lifestyle. Less waste in our landfills translates to a decrease in costs associated with managing this waste. ZERO WASTE AWARENESS',a VID September 2024 COUNCILSCITY BRIEFINGS ,O WASTE AWARENESS WEEK ITEM# i /6' Zero Waste Explained Here Zero Waste is the process of eliminating reusable or repairable materials from ending up in the landfill. Zero waste encourages manufacturers, municipalities, and consumers to evaluate current consumption patterns and minimize single-use items. To divert materials from the landfill we must share the responsibility of producing and consuming sustainable products while limiting our use of disposable items. ZERO WASTF AWARENESS 15 are the2024ZeroWaste / 2024 Zero Waste Initiatives ®V6 ClFAN�OMt,,,�,�T•��,M.�.z.:-�: • Distributing reusable grocery totes to ZERO WASTE citizens, with a focus of these going to AWARENESS WEEK underserved areas of our city. �� BOrTO^+s ua • Social Media and print media outreach ��`"'°�'° �-- • Education Campaigns that encourage -`� REDUCE. REUSE. RETHINK* residents to Recycle Right. 2EP0 W/31E AWARENESS 16 \� September 2024 CITY CO UNCILS BRIEFINGS O WASTE AWARENESS WEEK ITEM /69 Ms. Stevens turned the presentation over to Mr Hill to provide each initiative: Reduce/Reuse Buy less and use less! An important part of waste reduction is using natural resources wisely and avoid � the use of single-use products that end up in the landfill.Also reuse items whenever possible! • Reusable bottles,mugs,utensils,straws,and bags �y� • Cut down on yard waste by mulch mowing or composting 1 �� Investing in reusable and durable products will decrease the need for new ones. Keep resources from entering the waste stream and allow products to be used to their fullest extent. ZERO WASTE AWARENESS� Repair Focus on mending broken or malfunctioning items that we would normally want to recycle or toss. Find practical solutions to repair items to prolong product use. � ; Not only is repairing broken items good for the environment, in many instances it can save money. E ZERO WASTE AWARENESS�8 CITY COUNCILS BRIEFINGS / WASTE A RARENESS WEEK ITEM# /69 Repurpose/Donate - - Transform the value of items by turning them into other useful items. Remember to donate unwanted items that are �� still in good, workable condition to local organizations that redistribute goods to the public. DONA : • Consider local swap pages or Facebook Marketplace to find a new home for your unwanted items. 2EP0 WASTE AWARENESS 19 Recycle Recycling is the fast step in the zero-waste RECYCLE THIS! hierarchy because all the steps referenced in previous slides should be considered before = � recycling is an option. � _ - ��' s Recycling saves natural resources, reduces the 3 `® amount of waste in landfills, saves energy, � prevents pollution and creates jobs. "' —" - KNOW BEFORE YOU THR7 W .... ZEPO WASTE AWARENESS�10 \/Q September2024 CITY COUNCILS BRIEFINGS ZERO WASTE AWARENESS WEEK ITEM#76069 Food Waste The average household produces 650 pounds of organic � trash a year. X t EPA estimates that more food reaches Iandfllls than any other single material in our everyday trash, constituting `r 24 percent of municipal solid waste. Compost at home using food scraps from your kitchen and dry leaves and woody material from your yard. This one change can reduce your trash by at least 50%. 2ER0 WASTE AWARENESS I Sl Yard Waste In FY24, Waste Management collected and disposed of 15,326 tons of yard waste. Ways to minimize this waste • Mulch mow _ • Compost yard clippings � / • Take woody debris to the City's landfill where it can nn n be mulched and used throughout the city �:,�,��1Lx�4'4�I�,�auu.. ZERO WASTE AWARENESS�1Z September2024 8 CITY COUNCILS BRIEFINGS ZERO WASTE AWARENESS WEEK ITEM#76069 (Continued) THANKYOU • • VIRGINIA V-6 BEACH Mayor Dyer expressed his appreciation to Mrs. Rines,Mr. Hill and Ms. Stevens for the presentation. September 3, 2024 9 CITY COUNCIL'S BRIEFINGS REVIEW OF THE VIRGINIA AQUARIUM& MARINE SCIENCE CENTER ITEM#76070 2:36 P.M. Mayor Dyer welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to City Councilfor their continued support and distributed copies of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Remias for the presentation. September 3, 2024 City Auditor Review of the Virginia Aquarium & Marine Science Center September 3, 2024 Purpose and Scope This review focused on the current y 1 R d I N 1 A operating agreement between the AQUARIUM Aquarium and the Virginia Aquarium & Marine Science Center Foundation, Inc. (Foundation). This Audit is Part of the Scheduled Review Of City Assets FY 23 • Sports Center rl ll • Convention Center ilt • Sandler Center SPORTS ENTER FY 24 • VB National Golf Course FY25 • Virginia Aquarium - - � • Amphitheater Background Aquarium's Mission • The Aquarium opened June 14, 1986, and Education: Educating the public about began as a 41,500 square-foot facility on a 9- marine life and ecosystems through acre site for a total cost of $8 million and an engaging exhibits, interactive displays, and 800-visitor capacity. educational programs. • The Aquarium is now 172,000 square feet, Conservation: Supporting and promoting utilizing 48 acres, and has a daily visitor marine conservation efforts, both locally capacity of over 3,600. and globally. Research: Conducting and supporting • The City owns the Aquarium's buildings, scientific research to advance knowledge grounds, and related facilities. Funding for the about marine species and habitats. Aquarium comes from a combination of Tourism: Being an economic engine for the sources, including admission fees, retail store City. revenue, memberships, grants, and sponsorships. Table 1. City Revenue and Expenditures — FY22 Through FY24 Budget Actual Actual Actual FY24 FY24 FY23 FY22 Revenue: Operating Revenue $ 12,883,794 $ 15,047,136 $ 13,503,440 $ 18,224,79011 Admissions Tax $ 944,125 $ 912,776 $ 944,126 $ 992,126 Sales Tax (City Portion) $ 147,523 $ 159,019 $ 147,524 $ 151,773 Total Revenue _ $ 13,975,442 $ 16,118,931 $ 14,595,090 $ 19,368,689 `Expenditures: Operating Expenditures $ 16,021,491 $ 15,420,007 $ 14,075,348 $ 12,598,950 Utilities _ $ 960,720 $ 960,720 $ 960,720 $ 960,720 CIP Appropriations $ 2,818,840 $ 2,818,840 $ 2,034,540 $ 2,034,540 Debt Service (Estimated Principal) $ 621,741 $ 621,741 $ 621,741 $ 621,741 Total Expenditures $ 20,422,792 $ 19,821,308 $ 17,692,349 $ 16,215,951 Difference $ (6,447,350) $ (3,702,377) $ (3,097,259) $ 3,152,738; Source: OFC, Budget, and MLT Office of the City Auditor 5 The Foundation was formed and has functioned for many years for the purposes of: i. Supporting the Aquarium and its programs; ii. Acquiring, leasing or otherwise holding real estate necessary for the purposes of the Aquarium; iii. Assisting in the identification, acquisition and construction Foundation of exhibits, including the animals comprising such exhibits; iv. Providing financial support; v. Receiving gifts, bequests, monies, bonds, grants, scientific equipment, and objects of art in support of the Aquarium; and vi. Increasing public knowledge of the marine environment. Table 2. Foundation Revenue and Expenditures Preliminary Actual Actual FY24 FY23 FY22 Operating Revenue: Concessions* $ 729,182 $ 743,570 $ 839,642 Contributions- Cash $ 2,131,303 $ 1,752,172 $ 1,753,345 Contributions- Noncash $ 1,526,806 $ 1,273,850 $ 1,182,295 Facility Rental Income $ 97,441 $ 77,041 $ 48,396 Fundraising Events (Net) $ 208,232 $ 217,091 $ 171,357 Grant Revenue $ 179,221 $ 169,047 $ 177,588 Program Revenue** _ $ 1,191,288 $ 1,119,551 $ 996,595 Transfer of Board Reserves $ 12,359 $ 6,627 $ - Total Operating Revenue $ 6,075,832 $ 5,358,949 $ 5,169,218 Operating Expenditures: - Program Services Educational Programs $ 1,407,218 $ 1,441,511 $ 1,258,011 Exhibits $ 1,139,084 $ 973,319 $ 658,624 Research and Conservation $ 1,504,628 $ 1,352,431 $ 1,374,320 General and Administrative $ 670,163 $ 586,053 $ 559,657 Fundraising $ 527,696 $ 536,982 $ 491,624 -----._-.-----_.__- Total Operating Expenditures $ 5,248,789 $ 4,890,296 $ 4,342,236 Difference $ 827,043 $ 468,653 $ 826,982 Table 3. Combined Revenue and Expenditures — FY22 Through FY24 FY24 FY23 FY22 City Actual Actual Actual _---_ Total Revenue $ 16,118,931 $ 14,595,090 $ 19,368,689 Total Expenditures $ 19,821,308 $ 17,692,349 $ 16,215,951 Net $ (3,702,377) $ (3,097,259) $ 3,152,738 Adjusted for one-time ARPA grant_ $ - $ - $ (4,486,715)1 Adjusted Net $ (3,702,377) $ (3,097,259) $ (1,333,977) Sources: OFC and Budget Foundation Preliminary — Actual Actual Operating Revenue $ 6,075,832 $ 5,358,949 $ 5,169,218 Operating Expenditures $ 5,248,789 $ 4,890,296 $ 4,342,236 Net $ 827,043 $ 468,653 $ 826,982 ISources: Preliminary unaudited financial information for FY24; Audited F/S for FY23 and FY22 Combined Total Revenue $ 22,194,763 $ 19,954,039 $ 20,051,192 Total Expenditures vJ $ 25,070,097 $ �22,582,645 $ 20,558,187 Net $ (2,875,334) $ (2,628,606) $ (506,995) Finding 1. Operating Agreement Can Be Enhanced and Clarified 1. Include the Required Right-to-Audit Clause in the Agreement While the Foundation provided us with the required documents as stated in the agreement, additional information requested such as detailed revenue/expense transactions was not provided. Since the required right-to-audit clause was not in the signed agreement, we could not require the Foundation to provide this additional information. As a result, we could not review and test internal controls or determine the appropriateness of any Foundation revenue/expense. A review of these records would have been helpful because all activities of the Foundation impact the Aquarium, both directly and indirectly. Finding 1. Operating Agreement Can Be Enhanced and Clarified — contd. H. Review the Distribution of Concessions and Program Revenues and Expenditures Going Directly to the Foundation Instead of the City. Although the City is the operator, the agreement requires many operating activities to go directly to the Foundation, as opposed to the City. The following revenues and related expenditures, per the agreement, go directly to the Foundation: • Concessions: Cafe, vending, catering, Adventure Park, souvenir photos, penny smash machines, etc. • Program Revenue: Revenue from temporary exhibits, boat tours, behind-the-scenes tours, classroom programs, and various specialty programs. • The only operating revenue split between the Foundation and the City is facility rental income, which is one of the smaller revenue line items of the Foundation. The City's share for FY23 was $25,680. Finding 1. Operating Agreement Can Be Enhanced and Clarified — contd. Ill. Serving in Dual Roles as Aquarium Director and Foundation Executive Director Presents Inherent Risk The agreement calls for the Director of the Aquarium to also serve as the Executive Director of the Foundation. While the Director has successfully held both roles for many years this requirement inherently increases the risk, in fact, or appearance, of a conflict of interest. Finding 1. Operating Agreement Can Be Enhanced and Clarified — contd. IV. Accreditation Should Be Done Under the Name of the Aquarium and Not the Foundation The Aquarium is currently accredited by three professional organizations: ;E,Q� o • Association of Zoos and Aquariums (AZA) v� • Alliance of Marine Mammal Parks and Aquariums (AMMPA) • World Association of Zoos and Aquariums (WAZA) �gccati� ■ The City is the owner and operator of the Aquarium and pays all insurance coverage for the Aquarium, yet the accreditations are under the name of the Foundation ■ The Foundation covers all costs associated with the Aquarium's accreditations, including the fees for evaluation and the preparation of necessary documentation ■ The Foundation receives and owns the accreditation reports and access to the reports by the City, as well as the public, is controlled by the Foundation Finding 1. Operating Agreement Can Be Enhanced and Clarified — contd. Recommendations: City management should work with City Council and the Foundation to address all the issues specified in Finding 1 to include: Add City required audit clause (City Code Section 2-468) to the agreement so that the City Auditor can have access to all necessary information while ensuring the confidentiality of donors. Review the distribution of concessions and program revenue and expenditures. Review the pros/cons of the Aquarium Director and Foundation Executive Director serving in dual roles. Ensure accreditation of the Aquarium is done under the name of the Aquarium and not the Foundation. Make all necessary changes to update the agreement. u Operating Agreement Criteria Finding 1 Section 1 No definitions are listed for "Exhibit", "Temporary Exhibit", and "Permanent Exhibit". Section 2 states "Subject to the approval of the City Manager z and the Board of Trustees of the Foundation, the Director shall Section 13 contradicts this and states the Foundation is not also serve as Executive Director of the Foundation but shall have subject to the control of the City. no voting rights with respect to Foundation business or affairs." Section 4 states "With the City Manager's approval,the Director 3 and City employees authorized by the Director may,at the Section 13 contradicts this and states the Foundation is not request of the Foundation, solicit donations on behalf of the subject to the control of the City. Foundation." Section 5 states "Revenues collected by the City in the Aquarium Store directly from the sale of Foundation merchandise, less any The section is no longer applicable. Foundation merchandise is no 4 applicable taxes, shall be remitted by the City to the Foundation longer sold. at the end of the fiscal year in which such revenue is received by the City." Section 5 states "The portion of the revenue from Conservation 5 Society purchases in excess of the cost of the corresponding The section is no longer applicable. All membership revenue Membership Level benefits included in Conservation Society belongs to the City. memberships shall belong to the Foundation." Section 5 states in part "The City shall operate the Aquarium The section is no longer applicable. The IMAX theater is no longer 6 admission facilities and sell admission tickets and theater tickets in operation. to the Aquarium and shall receive the revenue therefrom..." Section 5 states "The Foundation shall be responsible for, and These are common operational functions, yet the City neither shall retain all revenues it receives from, Food and Beverage � operates nor receives revenue from these activities, despite Services, boat trips, photo concession, and Adventure Park owning the land. activities." Section 5 states in part "The Foundation shall reimburse the The reimbursement is currently made through Program 28908 and 8 City, no less frequently than quarterly, for the cost of the salaries paid through Budget Unit 27029, (Aquarium Found not 27029.ation)..." Office of the City Auditor Section 7 states "The Foundation shall be responsible for the operation and maintenance of all Attractions and Concessions, These are common operational functions, yet the City neither 9 or contracting for the same, except as may be specifically operates nor receives revenue from these activities, despite designated to be operated by the City in this Agreement or an owning the land. amendment thereto." Section 7 states in part "With the prior written permission of the to City Manager, the Foundation shall be authorized to utilize such Section 13 contradicts this and states the Foundation is not portion or portions of the Park and Entertainment Land and subject to the control of the City. other property identified in Section 1 of this Agreement..." Section 7 states "The Foundation shall be responsible for the operation and maintenance of the Adventure Park as an Section 13 contradicts this and states the Foundation is not 11 Attraction, or contracting for the same, on so much of the Park subject to the control of the City. and Entertainment Land or other property as shall be approved in writing by the City Manager." Section 8 states the City shall operate and maintain the Aquarium and shall repair and, as necessary, replace at its sole 12 expense, any item, facility, or portion of the building occupied by The Aquarium is not the accredited entity even though the City the Aquarium that is part of the original or subsequent capital operates and maintains the Aquarium. improvement projects to construct the buildings that constitute the Aquarium and are funded and constructed by the City. 13 Section 8 Location and Address of Stranding Center The property located at 1213 Southern Boulevard is no longer used. The property at 1008 Bells Road is now being used. 14 Section 12 states the City shall provide liability insurance The Aquarium is not the accredited entity even though the City coverage for the Foundation. provides liability insurance coverage for the Foundation. Section 13 states "The City and the Foundation acknowledge The City and the Foundation commonly refer to each other as 15 that neither entity is the agent, employee, partner, joint venture "partners," this is contradictory to Section 13. or associate of the other." ffice of!Ih- Finding 2 : City City has invested about half a million dollars Must Work with annually in operating the DMACC. This building, which is not available for the public to visit, State/Federal functions as a: Governments to 1. Rehabilitation center for injured marine Seek Additional animals 2. Provides crucial acquisition and quarantine Sources of space for all Aquarium animals Funding 3. Serves as a hub for scientific research and education Table 4. Darden Marine Animal Conservation Center Operating Costs FY24 FY23 FY22 Animal Care, Veterinary Services & Related Equipment 18,414 30, 990 20, 669 Utilities 9,369 11, 359 678 Supplies 28,355 761143 391949 Risk Management Internal Service Fund Charges - - 21499 Permits & Fees 579 - - Payroll Expenses 427t7211 400,5601 4991390 Total Expenses 484,4381 519,052 563, 185 Although acquisition and Stranding quarantine make up the majority of operating ing costs, stranding response ' 92 113 79 programs are vital and iResponse reach beyond the borders of Virginia Beach. 333 156 213 Response The Stranding Response Team's area of Sea Turtles Rehabilitated 79 45 27 and Released responsibility for stranded marine mammals and sea turtles encompasses over Recommendation: City management should work with City Council 7,200 miles of the state's to include an initiative in the next Legislative Agenda Package to coastal shorelines. seek Federal/State funding to further augment the City's cost of providing statewide education, conservation, stranding, and research efforts. Finding 3. Survey and Discussions Reveal Concerns About Morale, Condition of the Aquarium, and Communication Morale • "Short staffed — can't replace many staff as some won't take jobs while unsure about future." Physical Condition of Facility • "From an infrastructure standpoint, the North Building is aging. Ceilings leak, guests comment on how "outdated" we are, and we have to take the criticism with little means to fix the situation." Communication • While there are currently two City Council liaisons, this has not always been the case. This has led to a lack of communication and proper understanding of the status of the needs of the Aquarium. Office 1. To address low morale stemming from concerns about the future of the aquarium, City leadership should engage in transparent communication, actively involve employees in strategic planning, and provide reassurance through clear, actionable steps that demonstrate a commitment to navigating challenges together. 2. To address concerns about the longevity of the Recommendations building, leadership should proceed with obtaining a detailed assessment of the building's condition, outline any planned maintenance or upgrades, and ensure ongoing communication to reassure employees. 3. Continue to annually appoint City Council liaisons to the Foundation. THANK YOU COMMENTS OR QUESTIONS ? CITY OF VIRGINIA BEACH city Auditor Cinre r I City ,01'r 10 CITY MANA GER'S BRIEFINGS ECONOMIC DEVELOPMENT INVESTMENT PROGRAM(EDIP)POLICY UPDATE AND PROPOSED SMALL BUSINESS GRANT PROGRAM ITEM#76071 3:07P.M. Mayor Dyer welcomed Amanda Jarratt, Deputy City Manager. Ms. Jarratt expressed her appreciation to City Council for their continued support and distributed copies of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms.Jarratt for the presentation. September 3, 2024 � 3 .may. !� • � ti< iAg Economic Development Investment Policy Amendments AMANDA JARRATT, DEPUTY CITY MANAGER I September 3, 2024 CITY OF VIRGINIA BEACH 1 Purpose • Provide an overview of the EDIP Program • Provide an overview of recommended changes adopted by the City of Virginia Beach Development Authority (VBDA) • Seek City Council Direction on next steps 2 EconomicVBDA — EDIP Policy Background The Development - Program . resource the Submit Application Staff Review and, Contact VBDEE}* and Project Recommendation `"" administers. provides discretionary Summary (2 3 days) grants to qualifying businesses that are Submit relocating • • g to or expanding • • • g • , VBDn$ iefing . Fudbl�icDActtrrn. . ---� � Performance . Beach • • • of projects t . t create dmo cumentatian new jobs and capital investments. Staff Review Grant Last (up w 3(7 days) Disbursement - • in 2020 «VBDF.D-Yir�nifl 13caclt Department of Economic Development «"VBllA—Gity of Vtr�inisx}3ench Uevclopment rluthorit>• VBDA EDIP PolicyBackground • Part A — qualifying new businesses to locate and existing businesses to remain or expand operations • Awards based on (i) jobs created or retained and/or (ii) capital investment • Part B — covers development or redevelopment of properties in Strategic Growth Areas, Special Economic Growth Areas, Economic Redevelopment Areas, or Opportunity Zones. • Awards based on capital investment • Part C — covers the development or redevelopment of properties in APZ-1 or Clear Zones • Awards based on capital investment • Part D — covers general provisions applicable to Parts A, B, and C. 4 EDIP — Policy Amendments • February 20, 2024 — VBDA approved the amendments to the EDIP Policy: 1. More closely align with the State policies; 2. Adjust the thresholds for job creation awards to be at or above the Average Annual Wage; 3. Clarify the required documentation for the disbursement of awards; and 4. Remove Part E from the Policy as the local pandemic emergency justifying the inclusion of Part E has ended. • June 18, 2024 - VBDA approved the addition of Part F to the Policy: • Part F would provide for grants, in an amount up to ten thousand dollars ($10,000) each, to increase access to funding for historically underserved and marginalized small businesses Proposed EDIP PolicyAmendments 1. Capital Investment Definition and Coordination with State . • When the Project is being incentivized by the State, VBDA may approve an EDIP varying from the Policy to ensure it matches the requirements provided by VEDP • Cost of the acquisition of land and existing buildings will not count toward the required capital investment, unless being purchased from a governmental entity and being returned to the tax rolls • Add Qualifying Jobs definitions such as • Remote Jobs - Residence not to exceed 115 miles • Contractors - located in Virginia Beach and provide dedicated full-time service to the Applicant 6 Proposed EDIP Policy Amendments Cont. 2. Wage levels for New or Retained Jobs Incentive above the Average Annual Wage (AAW) • Tier 1: $1,000 for an employee paid at least 1.2x the AAW • Tier 2: $3,000 for an employee paid at least 1.7x the AAW • Average Annual Wage determined by Virginia Employment Commission's Quarterly Census of Employment and Wages report. Currently $58,032 — equating to Tier 1 at $69,638.40 and Tier 2 at $98,654.40 7 Proposed EDIP Policy Amendments Cont. 3. Clarify the Required Documentation for Disbursement of Awards: • Funds based on capital expenditure must include invoices and evidence of payment • Funds based on Jobs must include the Applicant's Virginia Employment Commission Quarterly Tax Report • Funds based on remote worker jobs, must include: • Individual titles and salaries • Hire Date • Zip code of residence or remote work site 4. Remove Part E from the Policy that was adopted in 2020 for temporary emergency assistance during the COVID-19 pandemic. • All awards made under Part E have been fully administered s EDIP Addition of Part F : Small Business Grant In response to a 2023 City Council Winter Retreat request for small business assistance, staff is proposing a Small Business Grant Program to qualifying small, women-owned, minority-owned, veteran-owned, and service-disabled veteran-owned businesses. • Size of Grants and Funding: grants up to $10,000 per approved business • Available funds for first round: $150,000 • Future rounds dependent on performance and direction by VBDA and City Council • Source of Part program will be funds remaining from Part E, emergency fund program enacted during the COVID-19 pandemic 9 EDIP Addition of Part F : Small Business Grant Qualifying Businesses: • Micro-business with fewer than twenty-five (25) employees • Hold a valid Virginia Beach business license • Operated in the City for at least one year WA • Current on the payment of all local taxes and fees '"" R • Have not received any other grant from VBDA or the City for the past 12 months • Does not employ an officer, official or employee of the City of Virginia Beach, VBDA, and the Minority Business Council 10 EDIP Addition of Part F : Small Business Grant The Proposed Application and Program Schedule • Interested Businesses must attend a pre-application workshop Aw and submit a complete application - 4 • City Council Authorizing Vote: September 17, 2024 SMALL BUSINESS • Press Release and Marketing Kickoff: September 18, 2024 DEVELOPMENT GRANT • Pre-Application Workshops: September 30, October 2, 8, and 10, 2024 _ o • Eight sessions (four in-person and four virtual) *I All"NM��N oao Mill � b • Begin Accepting Applications: October 21, 2024 - until funds Fo,oiul��uta a6g"ty,ogmrems * are depleted, at least 10 days' notice will be given before +Vh nL Mnoh NME Bft aua Cee er subsequent rounds open 11 VB EDIP Addition of Part F : Small Business Grant Selection Committee -- -M • Four members, with one representative from VBDA, g The Minority Business Council, The Department of 9V Economic Development and the City Manager's , , Office .,, TM • Selection Committee will review applications and .. Yh score based on points system of eligibility criteria stated in the application : Businesses must commit to attending business — counseling sessions at the HIVE if awarded the ~ -° grant --'� 12 Use of Funds Permitted Uses: Not Permitted Uses: • Working capital (purchase of Payroll inventory or renewables) • Salaries • Marketing & advertising Insurance • Development of online or mobile Lease payments presence Personal expenses • Equipment/supplies purchase • Business expansion • Real estate acquisition • Other business development purpose approved by VBDA 13 Recommendation The VBDA requests City Council adopt an ordinance approving the Amended Policy, to include the February 2024 Amendments and addition of Part F as presented. 14 .. _ kil Questions ? CITY OF VIRGINIA BEACH 15 11 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#76072 3:28 P.M. Mayor Dyer welcomed Carrie Bookholt, Deputy Director — Planning. Ms. Bookholt expressed her appreciation to City Council for their continued support and distributed copies of the presentation,attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms. Bookholt for the presentation. September 3, 2024 ��t I ill s M , x PLANNING ITEMS September 3rd & 17th CITY COUNCIL MEETINGS SEPTEM BER 31 2024 CITY OF VIRGIN ,.fir BEACH SUMMARY - September 3rd 3 Planning Items Scheduled for City Council's Consideration 1. Thalia Plaza, LLC • Conditional Rezoning and Subdivision Variance • Recommended for Approval by Planning Commission & Staff Diamond Farrow 2. Diamond Farrow • Conditional Use Permit (Assembly Use) Thalia Plaza,LLC • Recommended for Approval by Planning Commission & Staff 3. Green Clean Holland, LLC Grcen CILan Holland,LLC • Conditional Use Permit (Car Wash Facility) • Recommended for Denial by Planning Commission & Staff 2 . B Council:Item 1 — THALIA PLAZA, LLC I City • •n: 4317 Virginia Beach Boulevard & 216 N. Fir Avenue -- CARPORATION LN NON� �pq C �� a -.. 'RGFg4 q�FOgp VIRGINIA BEACH BIYD a Np�h Cry $ ( /�YCKOfF Dq I SEP 1 aIYES00000ME, 01 CONDITIONAL JJ W Q 4 4 N n BONNEY RU O _. � — v J J N y m j REZONING i CommunityBusiness District ' / Residential Duplexto Conditional iMixedUseBusinessSUBDIVISION VARIANCE (Section • ofthe SubdivisionRegulations) Staff Recommends Approval Item 1 — THALIA PLAZA., LLC • Deferred at the August 20, 2024 CC Hearing • Requests to rezone properties from B-2 & R-5D to Conditional B-4 Mixed Use Business & a Subdivision Variance to Section 4.4(b) of Subdivision Regulations for lot width, street A line frontage • Located between Pembroke SGA and Rosemont SGA; utilizing SGA Design Guidelines & reduced setbacks Seeks to combine two lots & develop with a 4-story mixed use building with retail and y apartments Deficient in lot width, street line frontage, r and lot area Lot Width — deficient by 80 feet JRBIS • Street Line — deficient by 40 feet • Lot Area — deficient 20,766 sq ft THALIA PLAZA, LLC 4 Item I - THALIA PLAZA,, LLC • Proposed building elevations show high . -. quality materials that enhance the ._ .. surrounding area RN IM i rjj7 1st floor - retail space, 2nd & 3rd - apartments (4 apartment units on each floor), and the 4t" floor — recreation IM-M space and roof deck 1 letter of opposition from adjacent neighbor concerned about impacts to property values THALIA PLAZA, LLC 1 5 Vb City Council: District Item 2 — DIAMOND FARROW Location: 4604 Pembroke Lake Circle,, Suite 104 CONDITIONAL USE PERMIT O��µMP HV��4`�` 4rOJ4 FPh'NO Bd ��1 P m y� V C NiLIMAG IN 2 7° Qv ._. 1R ;0 a t KE�AK B� 2 m NFt-trFt 0 OR ,82 2 (Assembly Staff Recommends A• • • Item 2 — DIAMOND FARROW • Deferred at the August 20, 2024 CC K ^ Hearing ".. Request to operate an Assembly Use within an existing suite in the . Pembroke Lake Shopping Center No more than 49 guests proposed; g ` 4_ maximum occupant located to be .t determined by Building Official 4.. • 44 parking spaces required; 35 provided • Parking study approved by Zoning Administrator DIAMOND FARROW1 7 %6 Item 2 — DIAMOND FARROW Hours of operation: • 6:00 p.m. to 12:00 a.m., Monday through Fridays Noon to 12:00 a.m., Saturdays T and Sundays • No exterior changes proposed, except signage • No known opposition DIAMOND FARROW 8 VB Item 3 - GREEN CLEAN HOLLAND, LLC City • i ' • • • n: 4245 Holland ' • . • . y�f QRpp CONDITIONAL USE PERMIT n iti9 yQ �Q � WIT�I D �AWAL REQUESTED m i ti 1S ,C r • sh • Staff Recommends Item 3 - GREEN CLEAN HOLLAND, LLC • Deferred at the July 9, 2024 & August 20, 2024 City Council Hearings • Request for a Conditional Use Permit for a Car Wash Facility • Proposes to adapt existing former Rite-Aid building for reuse as car wash �•� er`_'r;:!-1 - cess from Holland h� _ _ . .�e Shopping Center • Robust landscaping proposed, including shade r trees for existing sidewalk from S. Plaza Trail • Intends to retain existing access points on Holland Road and S. Plaza Trail • 17 exterior vacuum stations proposed; S interior vacuum stations proposed GREEN CLEAN HOLLAND, LLC1 10 VB Item 3 — GREEN CLEAN HOLLAND, LLC • Adding overhead garage doors on primary elevation and on southern elevation for ingress/egress • Staff recommending denial: • , Counter to recommendations in cial Area Pattern Book for WITHDRAWAL REO $Pr rr un f large shopping centers and in Comprehensive Plan Would further entrench auto- oriented uses on a prominent corner in the Holland Road corridor owl • Immediately opposite apartments on S. Plaza Trail • No known opposition GREEN CLEAN HOLLAND, LLC 1 11 SUMMARY — September 17th 8 Planning Items Scheduled for City Council's Consideration 1. City of Virginia Beach • Ordinance Amendment • Recommended for Approval by Planning Commission & Staff '44 4wY Danielle Good 2. Mary Lively p • Subdivision Variance • Recommended for Denial by Planning Commission & Staff Mary Llvely,, 4 Robert Jessup Our Lady of PerpetuarHelp Health Center.Inc 3. Gordon R. Crenshaw & Hannah I. Crenshaw • Street Closure • Recommended for Approval by Planning Commission & Staff 4. Dogs Real Estate • Condition Use Permit (Residential Kennel) • Recommended for Approval by Planning Commission & Staff 12 VB _. . SUMMARY — September 17th 5. Our Lady Perpetual Help Health Center, INC. f • Modification of Conditions (Nursing Home) °. • Recommended for Approval by Planning Commission & Staff 6. Danielle Good Danielle Good. Timothy Paasch • Conditional Use Permit (Tattoo Parlor) • Recommended for Approval by Planning Commission & Staff Mary Lively* Robert Jessup 7. Robert Jessup Our Lady of Perpetual Help Health Center.Inc • Conditional Use Permit (Home Occupation) • Recommended for Approval by Planning Commission & Staff 8. Timothy Paasch • Alternative Compliance • Recommended for Approval by Planning Commission & Staff Dogs Real Estate.LLC 13 VB Item 1 — CITY OF VIRGINIA BEACH An ordinance to adopt a new Official Zoning Map, which shall replace the existing Office Zoning Map, due to a change in the computer mapping format used to store the map data and develop the printed copies. There are no changes to the zoning districts or to their existing locations between the current and proposed maps CITY OF VIRGINIA BEACH 1 14 VS Item 1 — CITY OF VIRGINIA BEACH Authority to make the change: • Section 102(b)(3) of the Zoning Ordinance gives City Council the ability to adopt a new official zoning map, or portion thereof. • May correct drafting or other errors or omissions but shall not have the effect of amending the official zoning map. Reason for the new map: • To facilitate new software upgrades (ArcMap 10.8 to ArcGIS Pro 3.3). • Make the official zoning map ADA compliant. CITY OF VIRGINIA BEACH 1 15 Item 1 — CITY OF VIRGINIA BEACH u 1 luau � ' ljMl illilll'IIIIIII � �v�I� •• ,IIN� ` ! ♦� ,,,.r �i «' II,4II�II r�a,l (lam, ///,� ��///// PA- Ali uul �� .y i�f /'•�y=.� �` `` .�{.]ry�lr�r�� 1�;� ..�mw+,;.'.�III�IIII��- A �� j 1,�� ,1 . � o �� '� err �� .y•��/ ��`f� '�i�_�*�MFar1"A� �IIII � �i �q �� { � *, s ..:,; ;,ate ►�Q,i,9r ,.� _� At All •,� • �_�� ,_� ire � \ • i r� �' r ' ► •= 1988-Current New CITY OF VIRGINIA BEACH 1 16 Council:Item 2 — MARY LIVELY City • • • Parcel directly east of 1 Rollingwood Arch and north of 989 �Lo / `aoaJ��cr - -- u• - r Mq OG r._ ��¢ _"'�-....nRoh hoRpR 9 rry4egkh �hqR R,e r �qOw c01 SUBDIVISION VARIANCE (Section 4.4(b) of the Subdivision Regulations) Staff O Recommends Item 2 — MARY LIVELY • Request for a Subdivision Variance to Section 4.4 (b) of Subdivision Regulations for Lot Width & Street Line Frontage Z. • Variance for Lot 15-A of the Bellamy Manor Subdivision — no direct access to a public street • 0-feet lot width & street line : k frontage • 80 feet lot width & 64-feet street line frontage required • This section of Bellamy Manor recorded in 1969, subsequent plat recorded in 1979 • Plat note states Lots 11-A through 16-A were not residential building sites and were subject to becoming part of Lots 11, 121 131 141 15-R, & 16-R MARY LIVELY 1 18 VS ' • . . IF • • • i • • . • • • • • M33HO C IW. US 11ii - 1!-ST' bT £i Zi TT OT 6 _T it-9T y4 's ., .yY < `_ C ,, V�T �VYI V-OTj,-V'£I V ZT . V-TT . i a a..'�. ., .•.�...,.w u-.x,.w.�s!«..m a:»..... , ... ._.,..,..,tea..,.. ,. w Item 2 - MARY LIVELY 0 Between 1996 & 2002, Lots 12-A, .. r consolidated with respective parcels on • • • • • Arch resubdivided but remains under common ownership applicant in 2007 r l 12 A1�3 Al 4-A1 `� v 7O�D • • landlocked without frontage to public street, after sale of Lot 15-R . • Item 2 — MARY LIVELY In 23, Circuit ' Court order .•:.q0.•tM OM ew,./t,S w>Y,r.)><!Y K O•...fXw>[,•I.C!).2 Y.KN.]Cf eCoee(t FC4>.FT.ifi KwMt2 M.Y.•eFN established - location of I foot-wide driveway easement the fl 47IYY7'(IItx' 1�•.^ '�' through parcel to south 1 AXV.O YU1fIWM' �. Order • • • grant rye•.A.At•'. 1 � construction of a residential � 1 EXHIBIT A F lar on P ti F�'Fi: dwelling E 1 Oi UI?S ISR16 "" � 1 1'p1.wYy,A • • Bf1AW MMIOR 8 I �� a of pro•Y • I • PARCR B(ElIIAABEIIH YMIIE}.,. r. .v. »y 1 o,;Vw.-1. .,..rtn race' Hann ems. "'" I st.7r result is of • I • of • • I !L;-YFM1� r e^'_-.�_ it./•�r Rle ti.[X 1:YG 4•. I.iw 5 letters of opposition, ' µfR1M1 HARVE5T a,i>Ap pRIyE o signatures • opposition • pta erl.r nls.+uro '� surrounding property owners .�• _,✓Wit.:•� k speakers opposition • • negativeconcerns related to impacts to property values • safety of road L Item 3 — GORDON R. CRENSHAW & HANNAH I . CRENSHAW City Council: District 6 (Remick) Location: 1217 & 1223 N. Bay Shore Drive wig DS70W Au 114ycokolyy, 4 STREET CLOSURE Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 22 Item 3 — GORDON R. CRENSHAW & HANNAH I . CRENSHAW Deferred at the August 13, 2024 CC Hearing ` r Request to close 6,327 SF of an unimproved road adjacent to1217 x & 1223 N. Bay Shore Drive _ - Will incorporate area into adjacent ,+ m lot • Existing private driveway within closure area GORDON R.CRENSHAW& HANNAH I.CRENSHAW 123 c� No proposed changes for closed • _ m AREA Q�li4rX�OSfO S7REE-7 N� • `�� LYOSURf (Q J?/50. r!. 0001L7 F M[dt Z O./�5 AQQLSJ io• sers,rc.exs! Viewers' Meeting • • • - 1 L�5LI9' o' •' ro� 2024requested • / public � • - • - • R_rp9o" drainage• • . • 1 • • T Z�,o 7 ,riJ R-rron' Q •iv — �"Y ft'��l_�:�l:.�R t'�(�r4 t,� •..* L-9t.I8'�� g �mway retention. Applicant accepted both requests. 1 ' 2 letters m Portion to be Closed if ' m of • • • �, Easement & ROW dedicated / • 1 STREET CLOSURE E?®TT NOTES: �F speaker opposition +. n•s ewer is•/rt>rxo ro s+or nc �I� OP NAA O�warasc sort-o�-wry K f��A A 8,327 SQ. FT. a�+•r wn aax�+a T x nr ��(D� concernsabout • ' ' • �ssocw>Eo a�uoa.rrrr(sl re IC RNER-' • cu+r+K x[Js?orcc. Ilo. 2D04 public • • access - 1fINDSOR ROAD z nnL atwa rrn BCU o6ilsilol. (D.H. 2230, PC. 14pB, k PG. 1411) DA•OMA[D'�j'�'a~ Qp 4 O ","„°'� VIItGINIA BEACH VIRGINIA +'_so' rem •� ra• •��• i VL Item 4 - DOGS REAL ESTATE, LLC City Council: District 2 (Henley) Location: 3449 Robinson Road AGI . . AW CONDITIONAL USE PERMIT (Residential Kennel) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 25 Item 4 — DOGS REAL ESTATE, LLC Request for a Conditional Use Permit for a Residential Kennel to keep up to 12 adult dogs as pets in a ` single-family house _ s Seeks to create a sanctuary for old and disabled dogs - � - ' Intends to adopt new dogs when : . others pass on • Animals to be kept indoors except when let out for exercise and relief DOGS REAL ESTATE, LLC 126 M Item 4 — DOGS REAL ESTATE, LLC • Animals to be monitored when outdoors • Rear yard enclosed with fencing ` No calls for service or other 'fit",. � � • complaints on record with Animal Services Bureau 12 signatures and letters of support y -A = --- No known opposition DOGS REAL ESTATE, LLC 1 27 Item 5 — OUR LADY OF PERPETUAL HELP HEALTH CENTER, INC City Council: District 1 (Hutcheson) • • • • PrincessRoad �c aq O t c \\yam g. r 1 MODIFICATION OF • • • • - Staff Recommends A• • •Planning Commission • - • 10 to 0 to recommend Approval Item 5 — OUR LADY OF PERPETUAL HELP HEALTH CENTER, INC • Request for a Modification of Conditions for a Conditional Use Permit for a Nursing Home • Seeking to increase the number of allowed beds from 120 to 124 • Modifying conditioned site layout and building elevations • Addition to affect existing driveway/fire lane and existing parking • Sufficient parking provided on site OUR LADY OF PERPETUAL HELP HEALTH 1 29 Item 5 — OUR LADY OF PERPETUAL HELP HEALTH CENTER, INC • Proposed addition to match existing building design and -- -- materials 7S • Addition to accommodate rearrangement of existing . ., .. '� .... �` . ..F` - suites that will provide ¢: w1. w � wu • w w w R additional privacy for residents • No changes to hours of ��k=►k�� ,� ,� operation 4 letters of support • No known opposition OUR LADY OF PERPETUAL HELP HEALTH 30 Item 6 — DANIELLE GOOD City Council: District 8 (Taylor) Location: 397 Little Neck Road, Suite 303 CONDITIONAL USE PERMIT (Tattoo Parlor) Staff Recommends Approval Planning Commission voted 10 to 0 with to recommend Approval 31 ,vt, P !C� . ~ F, s � Ilk V, t t� • -0- All • • • At , � 1V Item 6 — DANIELLE GOOD • The applicant intends to allow licensed students to charge for services in the space. • Hours of operation • 10 a.m. until 3:30 pm Monday through Wednesday 5:00 pm until 9:00 pm on Tuesdays t _: ,; ° � .s_ �►,- t' .. ,, : , and Wednesdays No exterior changes are proposed to the building or the existing signage. 3 letters of o position p • 2 speakers in opposition with concerns about how the owner operates the business DANIELLE GOOD 133 Council:Item 7 - ROBERT JESSUP City Location: 2940 Dante Place N JONN HAYCOCK OR SILy F p( NO , � DANTE P 4 V tJ pELAWARE XfNG OOµ57 \ CONDITIONAL USE ' ERMIT (Home Occupation) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval Item 7 - ROBERT JESSUP Request for a Conditional Use A } Permit for Home Occupation to • operating a gunsmithing business - Seeks to repair gun stocks for "^ = hunting firearms and educate on safe hunting practices. AP • No manufacturing, reloading, or selling of ammunition and weapons, only selling parts when necessary 4 Sufficient parking provided on site e AIT ' > ROBERTJESSUP 35 " Item 7 — ROBERT JESSUP * Meets Zoning Ordinance requirement wolerN � (, 3� ro•sr a+uNE'it�i.►: �r+'w•ovrtiYraof less than 20% of Total Floor Area dedicated to Home Occupation (at 8%) 0 Hoursof Operation: /�1ROR+MIriH Lof,AT+oN i 29 lo'vQPCo E�MT.OP 1g/W R/w �caT�Cvl�s v1a t,p.SK) oK u E 1Tuesday • Wednesday • 1 w a Existing _____ 3 • to : 11 • v N•� _ S Dwelling Saturdayfrom : 11 a.m. to 11 • Z Proposed •�jf By appointment only one Work Spaeo wosq ai►,c pencecustomer Will obtain a Federal Firearms License Ott t� •'n• PRoP>-cRxY et�� -, prior to operating 8 letters of support from surrounding neighbors No known A•y�.qv ¢� t) � DPJ�tT E c�`i P LAGS opposition City Council: District 6 Item 8 — TIMOTHY PAASCH - Location: : 14 Arctic Avenue ALTERNATIVE 1�8t Y t � V1RG\Na� t N _ • ' LIANCE (LOW-SPEED VEHICLE STORAGE Staff Recommends A• • • Planning Commission voted 10 to 0 to recommend Approval Item 8 — TIMOTHY PAASCH F. Request to store Low-speed Vehicles at the subject location No customers coming to facility to i rent the vehicles Vehicles delivered directly to _kn customers from this facility TIMOTHY PAASCH 38 1I I O 00 Arctic Avenue O (1) D O O c� cn 0 (D 0 o 3 m `« N (D o (D fi N O (D O LI) --% Q O• (D O �. OO � r-r (D (D O (D —+, �N-r w (D D D. e-r Drq cn 12 CITY COUNCIL LIAISON REPORTS ITEM#76073 3:58 P.M. Council Member Taylor advised after the Chair of the Open Space Advisory Committee (OSQ provided a recommendation for a citizen to fill the current vacancy Vice Mayor Wilson nominated a different citizen. Council Member Taylor advised he spoke with the Chair to see if he knew who Vice Mayor Wilson nominated but the Chair did not and had not reviewed their Talent Bank Application. Council Member Taylor asked that the Body respect the Chair's recommendation. Mayor Dyer advised this should be discussed during Closed Session. September 3, 2024 13 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76074 4:00 P.M. Council Member Wooten advised she wanted to follow up on the issue concerning firefighters receiving cancer prescreenings and feedback she has received from Max Gonano, President of the local firefighter and EMS union, on behalf of firefighters. Council Member Wooten believes it is important the Body provides the necessary assistance by enhancing what is currently provided. Council Member Wooten advised this is a priority and suggested the Body have a discussion during the next City Council Retreat. Council Member Hutcheson advised it is nice when the Body recognizes and compliments firefighters but when the City loses someone of Master Firefighter Gillians'worth and personality, it makes him feel that the City should be leading the country when it comes to taking care of Public Safety personnel. Council Member Hutcheson expressed his appreciation and belief that the Body does care, however, sometimes things fall through the cracks and encouraged the Body to be diligent in ensuring the men and women in Public Safety are protected. Council Member Hutcheson advised this issue is on the forefront right now with two(2)recent deaths due to cancer and two(2)cardiac events and complimented the RiskManagement Manager for providing gallery testing and requested the City Manager provide a proposal on going forward that will put the City in a position where this no longer has to be discussed. City Manager Duhaney advised City Council previously provided funding for the gallery testing and Risk Management is currently working on plans on how to best use the next round of allocated funds. City Manager Duhaney advised he has also tasked staff with providing several options to enhance cancer screenings, as Mr. Gonano requested, and will provide options to the Body for policy decision making. Mayor Dyer advised the funeral services for Mr. Gillian were very sad and has since spoken to wife, Michelle, who is advocating for cancer testing. Mayor Dyer advised he has spoken to Senators who have requested the City's Legislative Package include support for cancer screenings. Mayor Dyer advised he has spoken with local cancer authorities who have found higher incidents of colorectal,prostate and breast cancer cases in some African-American communities and believes it is very important to get the message out for people to have early cancer screenings conducted. Council Member Wooten is hopeful key stakeholders are included in developing the plan City Manager Duhaney is working on to ensure theplan includes what is needed such as ultrasound screenings that detect cancer, enhanced cardiac care screening and funding for out-of-pocket expenses. September 3, 2024 14 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#760 75 (Continued) Council Member Ross-Hammond advised she and Council Member Schulman recently attended a meeting concerning homelessness and vagrancy in the Town Center area with Chief Neudigate, Captain Elliott, staff from the Housing Resource Center and other stakeholders. Council Member Ross-Hammond advised the group is looking at ways to improve the situation. September 3, 2024 15 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#760 76 (Continued) Council Member Ross-Hammond advised this morning she received several phone calls advising information was on Facebook that ticket sales started for the Something in the Water (SITW) Festival. Council Member Ross-Hammond advised she contacted representatives from Live Nation and SITW to verify and was told tickets are not yet on sale, however,sometime this week the lineup will be released and then tickets will go on sale afterwards, but no date has been announced. September 3, 2024 16 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#76077 (Continued) Council Member Schulman advised Deepak Nachnani from Coastal Edge, hosted the 4rh Annual event in District 9 to honor the City's Public Safety personnel and it was a fantastic event for everyone involved. Council Member Schulman explained there were safety vehicles for kids to "touch a truck"and it was very nice to see so many Public Safety professionals there and thanked them for all they do for the City. Council Member Schulman expressed his appreciation to Coastal Edge for hosting such a great event. September 3, 2024 17 AGENDA REVIEW SESSION ITEM#76078 4:13 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES 1. Ordinance to AMEND City Code Section 21-230 re traffic calming 2. Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 3. Ordinance to PROVIDE direction to the City Manager regarding the partnership with the Virginia Aquarium Foundation and AUTHORIZE a Cost Share Agreement re Facility Inspection Contract 4. Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of'an unimproved right-of way adjacent to the rear of 317 45`"Street 5. Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of-way known as Ocean View Avenue at the front of 4724 Ocean View Avenue re maintain an existing landscaping planting bed with timber border DISTRICT 9 6. Resolution to APPROVE the FY-2025 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE $1,823,209 from the Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget re Mental Health, Developmental and Substance Use Disorders 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Tourism Authority and ACCEPT and APPROPRIATE $100,000 donation from the Authority to the FY 2024-25 Cultural Affairs Operating Budget re development of the Hampton Roads African American Heritage Trail Guide and EXECUTE a Memorandum of Understanding(MOU) with Hampton Roads African American Heritage Trail, Inc. refund the development of the Trail Guide 8. Ordinance to ACCEPT and APPROPRIATE $22,500 from the Virginia Department of Historic Resources and to the FY 2024-25 Planning and Community Development Operating Budget and AUTHORIZE a $25,000 grant match re update up to five (5) National Registrar of Historic Places nominations 9. Ordinance to ACCEPT and APPROPRIATE$4,280 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget and AUTHORIZE a $1,412.40 local match re Project of Assistance in Transitioning from Homelessness Program September 3, 2024 18 AGENDA REVIEW SESSION ITEM#760 78 (Continued) 10. Ordinance to ACCEPT and APPROPRLATE$1,500 from the Virginia Department of Forestry to the FY 2024-25 Parks and Recreation Operating Budget and AUTHORIZE a$1,500 local match re Wesleyan Park Tiny Forest Project 11. Ordinance to CARRY FORWARD and APPROPRIATE $6,463,792 into the FY 2024-25 Operating Budget re purposes previously approved in FY 2023-24 12. Ordinance to TRANSFER $8,441,844 to Capital Project 100291 "Operations Facilities Renovations" and APPROVE the Modification of a Construction Contract with MEB General Contractors for Buildings 3, 11 and 33 re address the prospective change order limitations provided by Virginia Code Section 2.2-4309(A) J. ORDINANCES. COUNCIL MEMBER WOOTEN WILL ABSTAIN ONITEM#3 COUNCIL MEMBER ROSS-HAMMOND FILED A DISCLOSURE FOR ITEM#7 September 3, 2024 19 AGENDA REVIEW SESSION ITEM#760 78 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. THALIA PLAZA, LLCfor a Conditional Change ofZoning from B-2 Community Business&R- 5D Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b)of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4 2. GREEN CLEAN HOLLAND.LLC/ALP&ALEXASLANfor a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10(Deferred from July 9, 2024) 3. DIAMOND FARROW/STAR REAL ESTATE,LLCfor a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9 K.PLANNING ITEMS: COUNCIL MEMBER WOOTEN WILL ABSTAIN ONITEM#1 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED FOR WITHDRAWAL ITEM#3 WILL BE CONSIDERED SEPARATELY September 3, 2024 20 ITEM#76079 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY. Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(3). • District 1, 3, 4, S, 6, 8 • District 6 PROSPECTIVE BUSINESS OR INDUSTRY.- Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3 711(A)(5) • Project Dust 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 2.2-371](A)(]) • Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees September 3, 2024 21 ITEM#760 79 (Continued) Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:17 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 4:17 P.M. — 4.31 P.M. Closed Session 4:31 P.M. — 5:49 P.M. September 3, 2024 22 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 3, 2024 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, September 3, 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: Pastor Thomas Powell Calvary Church MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 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 or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. September 3, 2024 23 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. September 3, 2024 24 VILF CERTIFICATION ITEM#76080 Upon motion Council Member Schulman, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11 - 0 Council Members Voting Aye: Michael E Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua E `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None *Vice Mayor Wilson stepped out of the Closed Session during the Publicly Held Property discussion due to a conflict of interest(4.46—5:35 P.M.). September 3, 2024 �N1A•BEA o ?+ OF OUR NWON RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINLA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#76079 on Page 21 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 4N---- A Wnda arnes, MC City Clerk September 3, 2024 25 ITEM— VII.G.1 MINUTES ITEM#76080 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS ofAugust 13, 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 September 3, 2024 26 ITEM— VII.G.2 MINUTES ITEM#76081 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 20,2024 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: David Hutcheson Council Members Absent: None September 3, 2024 27 ITEM— VII.G.3 MINUTES ITEM#76 082 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the FORMAL SESSION of August 27, 2024 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: David Hutcheson Council Members Absent: None September 3, 2024 28 ADD ON MAYOR'S PRESENTATIONS ITEM#76083 Mayor Dyer welcomed Maury Hill, Chair and Terry Stevens, Vice Chair — Virginia Beach Clean Community Commission to speak regarding the recognition of Zero Waste Awareness Week during the first full week in September 2024. Ms. Stevens expressed her appreciation to City Council for their continued support and advised the proposed 2025 waste management budget is over$50-Million and on behalf of the Clean Community Commission, looks forward to educating citizens on ways to refuse, reduce, reuse and rethink wastes. September 3, 2024 29 ITEM— VII.III MAYOR'S PRESENTATIONS ITEM#76084 PROCLAMA TION MASSOUD DAY Mayor Dyer welcomed Robert Jordan, Representative of Vets4NRF, Chief Warrant Officer— U.S. Navy (Retired), Pastor, Author, Podcast Host — The Veterans Outlook and Jazz Cannon, Spokesperson - Vets4NRF and read the Proclamation recognizing Ahmad Shah Massoud as the National Hero of Afghanistan for his major contributions towards securing an independent Afghanistan and declared September 3, 2024 as, "MASSOUD DAY". Mayor Dyer encouraged all residents to stand in solidarity with the freedom loving people of Afghanistan and provide hope to those in need. Ms. Cannon expressed her appreciation to City Council for this recognition and their continued support and read a prepared letter by an unnamed member of Vets4NRF expressing appreciation. Mr.Jordan expressed his appreciation to City Council, advising it is his honor and privilege to accept the Proclamation on behalf of the Vets4NRF Organization which continues to support veterans of the Afghanistan War and the Afghanistan people. September 3, 2024 �I Lk-BPA C P �o�99�s o -a �0�v� ), OUR NA1lo ,prodamatton Whereas. AhmadShah Wassoud is recognized as the Nationaf9fero ofAfghanistan for his majorcontii6utions towards securing an independent Afghanistan;and I+Wereas. AhmadShah Wassoud was a founding father of the resistance against the Soviet Vnion invasion in the 1980s and then against the TaC6an and a(--Qaeda in the 1990s; and WL-reas: AhmadShah 94assouXs unrivaleddevotion to his people andcountry allows his legacy to live on after he was assassinated 6y a(--Qaeda two days prior to the infamous Septem6er 11, 2001,attacks;and Whemas. AhmadShah Wassoud's aspiration fora(Free Afghanistan, that is an ally to the VnitedStates ofAmerica and the Free wor(f, fives on in the NationaIRSsistance Front of Afghanistan, now led 6y his son CommanderAhmadWassoud;and %44reas. AhmadShah Wassoud courageously defended the ideals of freedom, democracy,and human rights, which ho(fan even greater significance today as ourwor(fconfronts unprecedented threats to these very values;and Whereas. AhmadShah Wassoud inspired the formation of Vets49V1ZE, a V.S.veteran organization supporting the NationafWgsistance Tront, which strives to improve the relationship 6etweenAfghanistan andthe VnitedStates ofAmerica. Now,2fierefore, by the authority vested in me,I, W96ert 9K. (Dyer, 9Kayor of the City of Virginia Beach, 'Virginia, here6y proclaim: September 3, 2024 JKassoud Day in tfm City of Virginia Beack,I encourage all residents to stand in sofularity with the freedom laving people ofAfghanistan andprovide hope to those in need. In 'Witness Wte►e ,, I have hereunto set my hand and caused the Official Sea(of the City of Virginia Beach, Virginia, to 6e affixed on this Third(Day of Septem6er, Two Thousand and Twenty- 'Four. W96ert 9K. `Bobby"(Dyer Mayor r 30 ITEM— VU H.2 MAYOR'S PRESENTATIONS ITEM#76085 PROCLAMATION CHILDHOOD CANCER AWARENESS MONTH On behalf ofMayor Dyer, Vice Mayor Wilson welcomed Patty Furco and read the Proclamation declaring the month of September 2024 as, "CHILDHOOD CANCER AWARENESS MONTH". Vice Mayor Wilson called upon all citizens to observe Childhood Cancer Awareness Month and support this cause that so deeply impacts families in every community across the country. September 3, 2024 rJ� C'S'•L� t� Cr <U r�0Or j►tr DUR Ng%% U*emu ChWoodcancer is the leafing cause of death 6y disease in children;and 'Whereas: 1 in 285 children in the VnitedStates wiQ6e dutgnosed6y their20tfi birthday;and i0wrear 46 children per day or 16,790 children per year are duignosedwith cancer in the 41.5 and 'Whereas: 80%of chddhoodcancerpatwnts are diagnosed-fate andwith metastatic disease;and "&rws: Two-thirds of childhood cancer patients will have chronic health conditions as a result of their treatment toxicity,with one quarter being classifud as severe to fife-threatening;and UTWrws. In the last 30 years only six new drugs have been approved by the TF(DA to specifically treat childhood cancer, and %*erws: 91undreds of non-profit organizations at the localand national kw[including theAmeriutn Childhood Cancer Organization are helping children with cancer and their families cope through educationa4 emotiona4 and financialsupport•and U*erzas: qhe National Cancer Institute recognizes the unique research needs of childhood cancer and the associated need for increasedfunding to carry this out;and Ufwreac Asearchers and healthcare professionals work diligently dedicating their e.Vrertise to treat and cure children with cancer,and U4ereas: Too many children are affected 6y this deadly disease and more must be done to raise awareness and find a cure. Now,gTre►tfim I,Ebert A 'Bo66y'(Dyer,Mayor of the City of Uginia Beach,Virginia,do hereby proclaim: Septem6er 2024 Childhood CancerAwareness -W onth In$*yinia Beaclr,I call upon all citizens to observe Childhood Cancer.4wareness Month and support this cause that so deeply impacts families in every community across the country. In Witness%Nerwf, I have hereunto set my hand and caused the Official Seaf of the City of'Virginia Beach, 'Virginia, to be affixed this'Ihird(DayofSeptem6er, IwoThousandandTwenty-Tour. 4?p6ert W. "Bobby'(Dyer Wayor 31 ITEM— VI.H FORMAL SESSION AGENDA ITEM#76086 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items. The City Clerk called the following speaker: Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, spoke to request other types of unlicensed vehicles are included in Ordinance J.1 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolution J. 1, 2, 3, 4, S, 6, 7, 8, 9, 10, 11 and 12 and Planning Item K. 2(WITHDRAWN) 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.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY September 3, 2024 32 ITEM— VII.J.1 ORDINANCESIRESOL UTION ITEM#7608 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,BY CONSENT, Ordinance to AMEND City Code Section 21-230 re traffic calming 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 September 3, 2024 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; 32 Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10) Bellamy Manor: Homestead Drive. 36 (11)Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. 38 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 39 (14) Milburn Manor: Davis Street. 40 (15) Lake James: Lake James Drive. 41 (16)Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 42 Effective as of April 6, 2004: 43 (1) Croatan: Croatan Road. 44 (2) Birdneck Point: Cardinal Road. 45 Effective as of April 5, 2005: 46 (1) Thoroughgood: Thoroughgood Drive. 47 (2) Hermitage Road. 48 Effective as of September 12, 2006: 49 (1) Kings Grant: Oxford Drive. 50 Effective as of January 27, 2009: 51 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 52 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 53 Effective as of August 10, 2010: 54 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 55 1900 block of Grey Friars Chase. 56 Effective as of September 5, 2018: 57 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 58 Effective as of November 12, 2019: 59 (1) Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 60 (2) Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 61 Drive. 62 Effective as of November 17, 2020: 63 (1) Kings Grant: Kings Grant Road between Little Neck Road and Edinburgh Drive. 64 Effective as of October 4, 2022: 65 (1) Bay Island: Broad Bay Road. 66 67 Effective as of April 16, 2024: 68 (1) Linkhorn Park: Pinewood Road between the Little Creek Culvert to Holladay 69 Point. 70 Effective as of September 3, 2024: 71 (1) Charlestown Lakes: Beaufain Boulevard. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3rd day of September , 2024. APPROVE S TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY- Police Department City Attomey Office APPROVED AS TO CONTENT: Public Work CA16636 R-1 August 21, 2024 33 ITEM— VII.J.2 ORDINANCESIRESOL UTION ITEM#76088 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation 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 September 3, 2024 1 AN ORDINANCE TO AMEND VARIOUS FEDERAL GRANT 2 PROGRAMS ADMINISTERED BY THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 WHEREAS, grant funding often spans fiscal years, and the City's financial system 6 keeps grants open in accordance with Section 8 of the Annual Appropriation Ordinance 7 to allow the appropriate accounting of such grants on a grant-by-grant basis; and 8 9 WHEREAS, the Department of Housing and Neighborhood Preservation requires 10 the adjustment of Community Development Block Grants, HOME Program Funds, 11 Emergency Shelter Grants, Housing Opportunities for Persons with AIDS Program, and 12 Continuum of Care Planning Grant; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1. The following adjustments are made in the Department of Housing and 18 Neighborhood Preservation's FY 2024-25 Operating Budget: 19 a. Increase appropriation by $67,037 for Community Development Block 20 Grant, with federal revenue increased accordingly; 21 b. Decrease appropriation by $155,722 for HOME Program with federal 22 revenue decreased accordingly; 23 c. Increase appropriation by $4,067 for Emergency Shelter Grant, with federal 24 revenue increased accordingly; 25 d. Increase appropriation by $60,097 for Housing Opportunity for Persons with 26 AIDS Program with federal revenue increased accordingly; 27 e. Increase appropriations by $48,448 for Continuum of Care Planning Grant, 28 with federal revenue increased accordingly. 29 30 2. The following adjustments are made in the Department of Housing and 31 Neighborhood Preservation's FY 2023-24 Operating Budget: 32 a. Increase appropriation by $88,161.61 for Community Development Block 33 Grant, with federal revenue increased accordingly; 34 b. Decrease appropriation by $39,054.16 for HOME Program, with federal 35 revenue decreased accordingly. 36 37 3. The following adjustments are made in the Department of Housing and 38 Neighborhood Preservation's FY 2022-23 Operating Budget: 39 c. Decrease appropriation by $1 ,942.92 for Community Development Block 40 Grant, with federal revenue decreased accordingly; 41 d. Increase appropriation by $34,815.84 for HOME Program, with federal 42 revenue increased accordingly. 43 44 4. The local match for the Continuum of Care Planning Grant is to be provided by 45 work performed by the existing staff at the Housing Resource Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day of September 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and a Bement Services o-mey's Office CA16633 R-1 August 22, 2024 34 ITEM— VII.J.3 ORDINANCESIRESOL UTION ITEM#76089 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to PROVIDE direction to the City Manager regarding the partnership with the Virginia Aquarium Foundation and AUTHORIZE a Cost Share Agreement re Facility Inspection Contract Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor and Vice Mayor Rosemary Wilson Council Members Abstaining: Sabrina D. Wooten Council Members Absent: None September 3, 2024 IA-BFA City of Virginia Beach �O�g9'fS OF O�0�0r OUR Np� VBg vxmn SABRINA D.WOOTEN CELL:(757)797-5625 COUNCIL MEMBER P.O.Box 6665 DISTRICT 7 VIRGINIA BEACH,VA 23456 September 3, 2024 EMAIL:Swoo1en(&vbaov.com Refer to File No. 0090560 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the ordinance to provide direction to the City Manager regarding the City's partnership with the Virginia Aquarium Foundation and to authorize a cost share agreement with the Virginia Aquarium Foundation for a facility inspection contract. 2. The Virginia Aquarium Foundation has disclosed that TowneBank is a service provider with respect to this transaction. I have business dealings with TowneBank, which is located at 600 22"a 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, u Sabrina D. Wooten Councilmember SDW/RRI 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 1 AN ORDINANCE TO PROVIDE DIRECTION TO THE CITY 2 MANAGER REGARDING THE CITY'S PARTNERSHIP WITH 3 THE VIRGINIA AQUARIUM FOUNDATION AND TO 4 AUTHORIZE A COST SHARE AGREEMENT WITH THE 5 VIRGINIA AQUARIUM FOUNDATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1 . The City Manager is hereby directed to further discussions with the Virginia Aquarium 11 Foundation (the "Foundation") to: 12 (a) Review financial information of the Virginia Aquarium and the Foundation and 13 to seek efficiencies in the operation of the Aquarium; 14 (b) Assess the condition of the Aquarium facility and exhibits; and 15 (c) Pursue State and Federal funding opportunities for the Aquarium. 16 17 2. In furtherance of 1(b), supra, the City Manager is hereby authorized to execute a cost 18 share agreement with the Foundation to participate in "not to exceed 50%" of the costs 19 associated with a facility inspection contract. The City's financial contribution shall be 20 provided from Capital Project PG100463, "Virginia Aquarium Renewal and 21 Replacement III." Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day of September 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- udget and Management Services City tto ey's Office CA16635 R-1 August 22, 2024 35 ITEM— VII.J.4 ORDINANCES/RESOLUTION ITEM#76090 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of an unimproved right-of way adjacent to the rear of 317 45`h Street 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 September 3, 2024 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 334 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 ADJACENT TO THE REAR OF 317 45TH STREET 6 7 WHEREAS, on September 7, 2021, the Council of the City of Virginia Beach 8 acted upon the application of Jeffrey and Paige Madrigal (the "Applicants") for the 9 closure of an approximately 334 sq. ft. portion of an unimproved right-of-way, adjacent 10 to the rear of their property located at 317 451h Street (GPIN: 2418-87-5164); 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3674A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 6, 2022; 15 16 WHEREAS, on August 2, 2022, the Applicants requested an extension of time to 17 satisfy the conditions to the aforesaid street closure and, by Ordinance ORD-3708E, 18 City Council approved the extension until September 6, 2023; 19 20 WHEREAS, on August 21, 2023, the Applicants requested an additional 21 extension of time to satisfy the conditions of the street closure and, by Ordinance ORD- 22 3751 R, City Council approved the extension until September 6, 2024; and 23 24 WHEREAS, on August 20, 2024, the Applicants requested an additional 25 extension of time to satisfy the conditions of the street closure. 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 28 Beach, Virginia: 29 30 That the date for meeting conditions of closure, as stated in the Ordinance 31 adopted on September 7, 2021 (ORD-3674A), upon application of Jeffrey and Paige 32 Madrigal, is extended to September 6, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 3rd day 35 of September 2024. No GPIN Assigned (Right-of-Way) Adjacent GPIN: 2418-87-5164 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY_: City Attorney Planning Department CA16568 \\vbgov.com\dfs 1\applications\citylawlcycom32\wpdocs\d021\p052\00987707.doc R-1 August 21 , 2024 36 ITEM— VII.J5 ORDINANCESIRESOL UTION ITEM#76091 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of-way known as Ocean View Avenue at the front of 4724 Ocean View Avenue re maintain an existing landscaping planting bed with timber border DISTRICT 9 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 3, 2024 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE 5 TEMPORARY ENCROACHMENTS INTO 6 A CITY-OWNED RIGHT-OF-WAY KNOWN 7 AS OCEAN VIEW AVENUE, LOCATED AT 8 THE FRONT OF 4724 OCEAN VIEW 9 AVENUE 10 11 12 WHEREAS, Ivan P. Morris and Janet M. Morris (the "Applicants") request 13 permission to maintain an existing ± 502 square foot landscape bed with a timber border 14 (the "Temporary Encroachment") into a City-owned right-of-way known as Ocean View 15 Avenue (the "Encroachment Area"), located at the front of 4724 Ocean View Avenue 16 (GPIN: 1570-52-9632); 17 18 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's right-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ivan P. Morris and Janet M. 27 Morris, their heirs, assigns and successors in title are authorized to maintain the Temporary 28 Encroachment within the City's right-of-way as shown on the map entitled: "EXHIBIT `A' 29 ENCROACHMENT REQUEST FOR EXISTING ± 502 SQ. FT. LANDSCAPE BED WITH 30 TIMBER BORDER LOT 30A, CHESAPEAKE PARK BLK 5 FOR IVAN & JANET MORRIS 31 4724 OCEAN VIEW AVENUE, VIRGINIA BEACH, VA 23455 GPIN: 15705296320000," 32 Scale: 1" = 25', dated June 28, 2024, prepared by Chesapeake Bay Site Solutions, a copy 33 of which is attached hereto as Exhibit"A"and on file in the Department of Public Works and 34 to which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach. 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as Ivan P. Morris, Janet M. Morris and the City Manager or his authorized 48 designee execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 r d 51 day of September 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 7 &UBIC WOR S / REAL ESTATE . DANA R.!L#ARM`tWR DEPUTY CITYATTORNEY CA 16481 R-2 Prepared: 07/12/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d01 Mp050\00978862.doc LOTS 12&13, LOTS 14&15, CHESAPEAKE PARK CHESAPEAKE PARK I CHESAPEAKE PARK N/F CHESAPEAKE BAY N/F MINTER iN/F CITY OF VIRGINIA BEACH RIDGE TUNNEL DISTRICTi GPIN: 1570-52-9781 i GPIN: 1570-62-0628 a 1570-52-9743 M.B. 4, PG. 47 D.B. 2203 PG. 1438 708, PG. 14 M.B. 4, PG. 47 ._4 PG. 47 _ _ S63' 58' 22"E_ NORTHAMPTON 50.00' BOULEVARD ' THIS DHBIT IS THE RESULT (VARIABLE WIDTH R/W) °�° - LOT 30A OF FIELD TES TO EXIS"W rn CHESAPEAKE BAY & o CHESAPEAKE PARK o _ MONUMENTS COMBINED WITH BRIDGE TUNNEL DISTRICT I o N/F MORRIS o I o THE COMPI.ATION OF DENS � AND PLATS SHOWN HEREON GPIN: 1570-52-9632 ►Q- (D.B. 708, PG.14) C-,I p� NOT M.B. 4 P.74 I c� J (M.B. 54. PG. 47) Z M.B. 6 P. 123 "' BOUNDARY SURVEY a (M.B. 4, PG. 47) INST: 20200103000009160 OWNER THE CITY OF VIRGINIA �°-w THE PROPERTYIF FWN ORCES �T PERFORM -- Dec _ - BEACH IS NOT L m O LU MAINTENANCE ACTNITES ACCESSING 'THE #4724 I VERIFICATION OF RESPONSIBLE IN I W BEACH THROUGH OCEAN VIEW AVE, THE ' 4-STY-FRM ! RESIRICTIONS RE W ul 0 STRUCTURES MUST BE REMOVED AT THE I BY OTHER ASSOCIATi0NS _ z OWNER'S EXPENSE IF R.O.W. IS NOTL OR AGENCIES N O CONDUCIVE LOTS 27 & 28, ♦1♦♦♦ CHESAPEAKE PARK It VAL OF♦s• N/F ABSAR 4 IL�� L� ! I GPIN: 1570-52-9681 � M.B. 4 P. 47 � Cony I M.B. 163 P. 42 U GREGORY 0. MILSTEAD 5* 1 0�l�22' r, l INST: 20170413000302500 E1 Lic. No. 047323 Q�� 50.00' �,0 6/28/2024 ; " oo *0 o'O• 220.49' IELD ® o • N63- 58 22-W ) :•0 I o•% w, 12, ° ® o j 50.00' 00 o1A1��,, l� O�® � ` EXISTING LANDSCAPE BED Conc. W/TIMBER BORDER ±502 S.F. 6" - OCEAN VIEW AVENUE �Cily of 11irginio Beoch ( Aspholf SS (70' RM) Survey Control Stotion -1� (M.B 54, PG. 47) E-02B THE MERIDIAN SOURCE OF THIS LOT 10A PLAT IS BASED ON THE NRIGINIA PLANT LEGEND #4721 N/F CHAPMAN STATE PLANE COORDINATE YUCCA GRASS GPIN: 1570-52-8472-4721 LOT F SYSTEM, SOUTH ZONE, NAD #4723 -N/F ATLANTIC DEV. #4715- N/F MOLINA 1983/1993 (HARN) KNOCK-OUT ROSES ASSOCIATES LLC GPIN: 1570-52-9307-471 PAMPAS GRASS M.B 4 PG. 47 COORDINATE VALUES EXPRESSED PIN1570-52-8472-4723 IN U.S. SURREY FEET ® OLEANDER M.B. 4 PG. 47 � CACTUS PRICK PEAR INST: 20160908000800340 #4713-N/F FITZGIBBONSGPIN: 1570-52-9307-4713 25 50 i INST: 20160930000877140 INST: 20191009000855110 Feet INST: 20180313000202450 INST: 20110316000271170 INST: 20180424000332290 M.B. 161 P . 55 r "EXHIBIT A" 'r ENCROACHMENT REQUEST FOR EXISTING t 502 SQ. FT. OMSAPEAM BAY LANDSCAPE BED WITH TIMBER BORDER SITE SOLUTIONS LOT 30A, CHESAPEAKE PARK BLK 5 FOR P.O.BOX 6663 IVAN & JANET MORRIS VIRGINIA BEACH,VA.23456 PH.:757-575-3715 4724 OCEAN VIEW AVENUE, VIRGINIA BEACH, VA 23455 WWW.CHESAPEAKEBAYSITESOLUTIONS.COM GPIN: 15705296320000 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and IVAN P. MORRIS and JANET M. MORRIS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "30A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 29 & 30 — BLOCK 5 CHESAPEAKE PARK M.B. 4 P. 47 M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated November 25, 2013, prepared by Gallup Surveyors & Engineers, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, Instrument Number 20140311000206660, and being further designated, known, and described as 4724 Ocean View Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain a 502 square foot landscape bed with a timber border, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a City-owned right-of-way known as Ocean View Avenue, the "Encroachment Area"; and GPIN: CITY RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE (NO GPIN ASSIGNED) 1570-52-9632 (4724 OCEAN VIEW AVENUE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' ENCROACHMENT REQUEST FOR EXISTING ± 502 SQ. FT. LANDSCAPE BED WITH TIMBER BORDER LOT 30A, CHESAPEAKE PARK BLK 5 FOR IVAN & JANET MORRIS 4724 OCEAN VIEW AVENUE, VIRGINIA BEACH, VA 23455 GPIN: 15705296320000," Scale: 1" = 25', dated June 28, 2024, prepared by Chesapeake Bay Site Solutions, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents, and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or 3 termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, IVAN P. MORRIS AND JANET M. MORRIS, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 Ivan . Morris Z�/j �v Ja et . Mod is STATE OF Virgin�� CITY/COUNTY OFyit( '11Y 14, etclto-wit: The foregoing instrument was acknowledged before me this day of L71 Y 2024, by Ivan P. Morris and Janet M. Morris. (SEAL) NotA Public LREGISTRATION ANITA AISKILL ARY PUBLIC My Notary Registration Number: C�0 a7 3� �,� 000273903 EALTH OF VIRGO AMy Commission Expires: �(� j 3 I J oLo 2 ,2 N EXPIRES10/31 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BLit WORK — REAL ESTATE R.ZHARMEYER DEPUTY CITY ATTORNEY 6 CHESAPEAKE PARK LOTS 12&13, LOTS 14&15, N/F CHESAPEAKE BAY CHESAPEAKE PARK !N/F CHESAPEAKE PARK RIDGE TUNNEL DISTRICT, N/F MINTER CITY OF VIRGINIA BEACH a.4 1570EL DISTR3 GPIN: 1570-52-9781 i GPIN: 1570-62-0628 i 7 70 PG. 14 M.B. 4, PG. 47 D.B. 2203 PG. 1438 PG. 47 _ _ S63' 58' 22"E M.B. 4, PG. 47 NORTHAMPTON 50.00' - - BOULEVARD =' THIS pTHIIBIT IS THE RESULT (VARIABLE WIDTH R/W) ° - LOT 30A OF FIELD 7ES TO EXIISTIING CHESAPEAKE BAY & - o CHESAPEAKE PARK o ro - MONNMIENTS COMHMED WRH BRIDGE TUNNEL DISTRICT �I o N/F MORRIS o01 — THE COMPLAT10N OF DEEDS (D.B. 708, PG.14) is 1 GPIN: 1570-52-9632 AND PLATS SHOWN HEREON g `„ M.B. 4 P.74 I N DOES NOT CONSTRUTE (M.B. 54. PG. 47) Z M.B. 6 P. 123 "' BOIJww SURVEY a (M.B. 4, PG. 47) INST: 20200103000009160 ,- THE PROPERTY OWNER MUST KNOW THAT THE CRY VIRGNINA .,on a w ec BEACH IS NOT �. a IF CRY FORCES MUST PERFORM RESPONSIBLE FOR I Z MAINTEWM ACTIVITIES ACCESSING THE Y #4724 VETiFM71ON OF w > BEACH THROUGH OCEAN VIEW AVE, THE 4-STY-FRM 1 RESTIRLMONS REQUDED Q> o STRUCTURES MUST BE FMAOVED AT THE 8Y 07FER ASSOCIA710NS OWNER'S EXPENSE IF R.O.W. IS NOT Conc. OR AGENCIES. w Z CONDUCIVE, N O LOTS 27 do 28, CHESAPEAKE PARK GPIN: 1570-52-9681 • �• M.B. 4 P. 47 'i,i Conc. I M.B. 163 P. 42 •8GREGORY 0. MILSTEAD�•° ll INST: 20170413000302500 • •d_ 1, Q�� 22*vt Lic. No. 047323 EAQ��l1 50.00' c r ♦ • wi ' o®00- 6/28/20124 • Ts 220.49' IELD)N63 58 22Wavt °®f•a o 50.00'�IO 0010�A N ISTING LANDSCAPE-BED >>, ® % ��-, I W/TIMBER BORDER ±502 S.F. 6 ' _ OCEAN VIEW AVENUE �Ciiy of Virginic Beoch Aspholr ss (70' PJW) Survey Control Stotion (M.B 54, PG. 47) E-O2B THE MERID14N SOURCE OF THIS PLANT LEGEND LOT 10A PLAT IS BASED ON THE VIRIGING4 #4721 N/F CHAPMAN LOT A, STATE PLANE COORDINATE YUCCA GRASS GPIN: 1570-52-8472-4721 _ SYSTEM, SOUTH ZONE, NAD KNOCK—OUT ROSES #4723 —N/F ATLANTIC DEV. GPIN 41570-52F 3V4471 198311993 (HARN) PAMPAS GRASS ASSOCIATES LLC M.B 4 PG. 47 COORDINATE VALUES EXPRESSED pl _ _ _ IN U.S. SURVEY FEET ® OLEANDER M.B. 4 PG. 47 #4713—N/F FITZGIBBONS 25 so CACTUS PRICK PEAR INST: 20160908000800340 GPIN: 1570E52-9307-4713 � INST: 20160930000877140 �Feet INST: 20180313000202450 INST: 20191009000855110 INST: 201 100900085 10 SCALE "_ 5' INST: 20180424000332290 ,c "EXHIBIT A" '� ENCROACHMENT REQUEST FOR EXISTING t 502 SQ. FT. MWEAM BAY LANDSCAPE BED WITH TIMBER BORDER SITE SOLUTIONS LOT 30A, CHESAPEAKE PARK BLK 5 FOR P.O.BOX6663 IVAN & JANET MORRIS VIRGINIA BEACH,VA.23456 PH.:757-575-3715 4724 OCEAN VIEW AVENUE, VIRGINIA BEACH, VA 23455 W W W.CH ESAPEAKEBAYSITESOLUT)ONS.COM GPIN: 15705296320000 v w F co t_ a f i '' �'.-�'.t• ��vi •_ a "�• •tom '. e - I C�c�� LOCATION MAP .P � j q 'gliF ENCROACHMENT REQUEST FOR IVAN P. MORRIS AND JANET M. MORRIS Legend ' , `* '�' jr 4724 OCEAN VIEW AVENUE Q 1570-52-9632 GPIN: 1570-52-9632 Feet City Property �; 4• A 0 25 50 100 Prepared by P.W./Eng./Eng.Support Services Bureau 08/07/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\1 570-52-9632\1 570-52-9632 Aerial ADA.mxd o I r 7 - 1 1 (D co I W CL to i 1�1 0 y w c: n m y v a m m cn a ill (p O NCR ON n N N m 0 CD rn n < W (Jl N c � � a CD . � 0 N� d N RrH MPT�N eCVD 0 0 N O N � f v / � I x / / ♦ ♦ / n / / ♦ I D 0 o / / CD C) ♦ m m CDr~ D n / z ,P Z -n v Z D z = 0 / CDy Z M Z ♦ ♦ . N o4 -i m p / rn � Zz / N W toD0 D 0 o N W < ^ /T V A -v / N o -N C � �nm D D m --I ✓. z 37 ITEM— VII.J.6 ORDINANCESIRESOL UTION ITEM#76092 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Resolution to APPROVE the FY-2025 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE $1,823,209 from the Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget re Mental Health,Developmental and Substance Use Disorders 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 September 3, 2024 1 A RESOLUTION TO APPROVE A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDERS, 4 AND TO ACCEPT AND APPROPRIATE STATE FUNDS 5 6 WHEREAS, the Virginia Department of Behavioral Health and Developmental 7 Services(DBHDS) provides funding for mental health, developmental, and substance use 8 disorder services through a performance contract with local community services boards; 9 10 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 11 Virginia mandated minimum local match share for these services; and 12 13 WHEREAS, the Virginia Beach Community Service Board, at its August 15, 2024 14 meeting, approved the FY 2025 Performance Contract between the Virginia Beach 15 Community Service Board and Commonwealth of Virginia. 16 17 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA THAT: 19 20 1. The City Council of Virginia Beach hereby approves the Fiscal Year 2025 21 Performance Contract with the Commonwealth of Virginia, a summary of which is 22 attached as Exhibit A, for a period concluding June 30, 2025. 23 24 2. In accordance with the Performance Contract $1,823,209 is hereby accepted from 25 the Department of Behavioral Health and Developmental Services and appropriated, 26 with revenues increased accordingly, to the FY2024-25 Operating Budget of the 27 Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of September 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 Mai nagement Services Ci orney's Office CA16629 R-1 August 22, 2024 Exhibit A:Mental Health Smirxs Funding Sow' n ZOSS Bagming Real" FY 20n Anticipated Revenues FY 2025 Tarmt-In/Out FY 2025 Estimated Eapenditann FY 7025 Eattmalad Ending B4laxe Cinnunenls Fees MH Medicaid Fees $4,159,316.W $0'W MH Fees:Othrr S4,159,316.W Sow Tobl Fees $598,W2.00 $588,(p2.W $0.00 $4,747.81111.00 $O.W $4,74],918.W Soo. $0 W Federal Fadah MNFBG Funds MH FSGSED Chnd&Adakscenl(93.%6) $225,G19110 $ MH FBG Young Adu t SMI 1919591 .W $129,J46.W 2225,019 019.00 �.W MN FOG Crisis Serwu6(%.958) $ $D DO MH FOG SMI(93.958) W $1100 $aw MH FOG Garland, $18,315.Wviu(93. 6) $18,315AD $a W MH FOG Peer Services(93.958) mm $0.00 MOD T.Wl MH FAG Funds Sam $D.W $D.W $373,080.W Wo $373,DM OD $0.00 $0.W Other MH Fedeal Funds MH Federal PATH 195.150) W MH Federal State&Local Fs I Rld-y Fund(21.027) $0,00 $0.00 MH Other Federal-DBHDS $0.00 $O,OO MH Other Palmas-COVID Support $0.00 MH abet federal-058 $0.00 $0W Total Other federal Furls $0.00 $47,405.W S47,405.00 MOO $47,405M $aoo $47,405.W Saw Total Feder.1F-11% $0.00 $4 Ams.W $0.00 $420,485A0 SOm State hrrds Re7JOBPI Furtds-Res(rsclea MH A-Care MR Som law $0.00 MH Cl�StabR ation $2,621.W $2 621= re $am 0,00 MH Tnslers m ite OBHDS Facilities $0.0] MH Elcunded Cornmunity Capacity $302,709.00 $aW MH First Aid and Suicide Preventlon $W2•709M $a W MH STEP-VA Outpatient $44,876.00 $11,5281W $11,52800 $0.00MH STEF-VA Crisis $687'936A0 $687.436.00 $44,876.W MH STEP-VA Marcus Alert $632,500.00 $632,5W W $327,078A0 $F0p•OOD,on $0.00 MR VA Ciinistan't Crisis Dispatch $600.000.00 $327,078.00 MH STEP VA Peer Support Sapp MH STEP-VA Veterans Servixs $]53,6O4.W $153 660110 $102,108-c10 $D.W MM STEP-VA Regional Management 5102,I08,W SO.00 MH Forendce Dhch.rge Planning $489,933.00 SOAO 'saw 50A0 MH Permanent5udperthe Housing $252'Rm'W $252,830.W $489 B33W $4,984530A0 $3,933.619.W MH CR-4sx[sment Ales $3,933,619.W $498253000 MN Crisis Response&Chid Ps cha $313,)65 W $34R,668.W S34W,6E&w y Vy $194,369.W $313,765.00 Toter Regional Funds-Restricted $144,3E9.00 $000 $6,158,18200 $7,171,992.W $0,00 $7,171,992.W 56,1S8,I82.00 Rlgfodai Funds LJnresonkred Mh Recovery MH Other Merged Regional' d, $1,468,833A0 $CL Mh State Regional Deaf 5erwces $1,4GGG33AD $GOO Teual Regional Funds-LJnr-:ded $O.W S1,468,833.00 $O.W sow $1,46OMR.W $.W Nun-Reglonoi Wnds-Resbk[ta MH Ch6d&Adoksces,Services InlMtiee $338,661.00 $336,66100 MH Children's Outpatient Services SO.Op MH Juvenile Detention $75'�'00 $I5,()00A0 Som $111,724.00 MH Law Refcrm $111,724.00 $D W MH Pharmacy 5397,790.00 $397,790.00 $0.00 MH jell DMersion Services $29,949A0 $29,949A0 SO,W MH Rural Jdl Dw.rdon $241,670A0 $241,670.00 50.00 MH porJet Pilot/MRCP Match Sow MH Adult OutPatlent COmpel-y Restoration Services $0.00 MH Expand Telepsydslatry Cepadry Sp,Op MH PAT $BSD,DDo.W Som MH PACT-Foredsc EnMncement $SWWDA0 $p-OO MH r-ftychiatric Services 52W'�-W $200,000.00 SOW MH STEP-VA Same Day Access SomMH STEP-VA Prim.ry Care Saeening $299,174.W $299,124 W WOO VA AncRlary Servisxs $218,602.W $218,&M.W $270.000.W $O TE .W MH-SP VA Psychlatrlc R<hab18la0pn Serdcea $270,OW,W $O W MH-STEP VA Care Coordm S95,500.00 $95,SWA0 $0.03 ce Servi $155 304 W MH-STEP VA Use Managemenmar t knitxs $155,3CAA0 $0 OO $103,W7.00 $101,%2.W $OAO MH-STEP VA Data Systems en!clinician,Processes MH Young Aduh SM! $000 MH One-Time Restricted State Funds $20 $0.00 8,815.W $208,825.00 $0.00 Total Non-Regional egil Funds-Restricted $3,594,101.00 $O.W Non-RegWal Funds-Llvestric ed MH State Children,Services $ 2$ � MH Demo Prof-System of Care(Child) $mixobo Som MH State Funds $3262824 O0 $D'W MH Stale NGRI Fu , , nds $3,262,924.00 $0 W MH G.HxUic 5ervioes $0.00 MH One-Time State Funds $O.W Totes N-S,91onal Funds-Undreed $0 CC $3,287,824.OD $0.00 $0.00S3,287,824.00 $O,OO Total White Funds $6,SSa,1R7.00 $15,522,T30-W SO.W $15,522.YSOAO $6,158,182.W Otlser Funds MH Other Funds Total Other Weds 51,557,088.W $1,W7,340.W $1,W7}40.W $3,557AW- $2p07.34O.W $0.00 $1.W7,34tum $1,557pg8.00 51,557.0u.W Loral Matching songs MH Local Government Appropriatlons $23.493.233.00 M H Philanthropic Cash Contributions $13,493 733.W $0.00 MH In-Kind Contributions $O.W MH Loral Interest Revonue SD.DD Total Loeal Meeching Funds $13,493,73&oo $0.00 $13,493,2310D $0..W $0.00 Todel MH Funds $],715,2]O.W 535,191,T28.W $O.W $3sa91,n6.au $7,7ss,zrOW Esddbit A:Developmer tal SeMeat Funding S-- N 2025 beginning balma "2025 Mdcipeted Revenuer FV 2025 TmMers In/Out Fv 2025 Estimated Egren®tures Fir=5 Estimated Fraling 6alame Co—nts Fee DV Mediald DD Waivers $B 83g a23110 $0.00 DV Other Medluld Fees $8•&98•d23m SD.m OV Medlald ICF/IDD Fec 5C.w DV Feet:Other $1 SS35,593.00 $31,533,593.00 $0.00 Total DV Fees SO.ao $20,821,52l.W � $537,507.00 Saw 520.911,523-00 So.00 FedoelFvndt DV Other Federal-ObH DS DV Other Federal-COVID Support S0.00 DV Other Federal-03 $000 Tote1 Fedarel Funds Woo $0,0p $0.00 $000 $0.00 S0.00 sloe Funds Regional Funds-Aesvicted DV Crisis Stablllratlan-Mull DV Crisis Stabilization-Children $0.00 DV Transfers from DEM05 Fat'10es Wo Total Regional Funds-Restrkted $0.00 $O00 S000 $0.00 $OM So.DD No-All in Fund,-Restrklao DV Trust Fund DV RarW Subddin $185,329.00 $0.w DV Guarmanahip Fundy $195,329.W DV OnrTime Restricted State Funds $am Total Non-Regional Funds-Restrlded $185,329M SDDD $0.00 $0'00 $000. $185,324.00 Non-R¢piono/Furls-Unrcbkffd DV State Funds DV ODRA Funds 51,382,S34.Oo $1,382yss.0o $0.00 DV One Time State Funds $0,M Total Nan-Aeglerrel Funds-U—.dded SO $0.00 $3,382,534,00 $000 $1,582,534.00 $0.00 Total Nate Funds $Ig5,329A0 $7,362,59e.00 S0.08 57,382,53000 $Ig5,929.Op Other Funds DV Worrshop Funds DV Other Funds $0.00 Total Other Fulls $323,750.00 sm,750AD $O.OD $323,750.00 SyOp $$DM $92S,750.op A0 lain)riatd ing F.b OV foal Government AppWriatiens $l0,_35.B55.c0 $16,19S,85S.00 DV Phgan-hMplc Cash Contributbrls $3 $0.00 DV In-Kind Contrlbutbm $3,ede.p7 $0.40 OV foal Interest Revenue $0.00 Total Leal M othlrrg Funds $0.00 50.00 $1D,i�,D9.D0 SO.DO $30.1S9,7Da.00 $0.00 Total DV funds $i85,S29.00 592.737,I118.00 SO.go 597,737,106.00 $igs,329.ao Exhibit A:Substance Use Disorder SerAces FndinE Source FY 2025 wdi.dn2 Sal- FY 2025 AnHclpated R4r4nu9r FY 2G25 Tnmf-fn/Out FY 2025 Estbsnatad Fen Exp-Altures iY 2025 Estimated EMma MI'm. CommMfs SUD MedlcaW Fees SUD Fees:Other $477.986A0 ",966.00 $ Total Fels0m S0,00 $7W $7"M Som S47a,T$S.OD Slim $47a,mmir Fedaof Funds 50.00 SUD FM Fends SLID FIG Ak h.1 and Drug Treatment(93.9S9) $1,376,01200 AID FOG R-."(13.959) $1,376,012.00 $0.00 5UD FRG Women(Includes LINK n 6 CSBs)(93.959) $155.507.00 $0.00 5UD FRG PrlVlntlOn(93.459) $155,507.00 Total SUD FBG Funds $301,342AD $301,342,00 SO" $0,00 $1,632A61M $0.00 51,932,662.00 50.00 So DD owow0 sederor Fpnds SUD Fodenl SOIRT Youth(93.243) MH FedMa)Stata6L l Fboal Recovery Fund(21.027) $a,m SLID federal Oplald Response-Recovery(93.789) $342,176= $DAD SUD Federal Opiold Response-Treatment(93.799) $342,17600 $D 00 SUD Federal OpWd Row--Preventh n(93.711B) $223,174DO 5223,174.03 $ MH Other Federal-DBHDS $102,676A0 616.00 $101,67a 00 $DAO MN Other Federal-[OVID Support $275, $275,81600 Som MH Other Federal-CSO $11,79140 $0A0 Total Other Fetlerel Funds $D.00 $956,635.00 Som $12,793A0 $D.W $956,635A0 Total Fodenl Fords $0.00 $2,769p9600 SO,DD Ssoee Funds $17a9,4o600 50.00 Repron4f Funds-Restricted SUD Fadnty Reime"- $396,07.00 SUD Tnmfers from DBHDS Fed'IHes $396,697.00 SUD Communlry DetO3i6otlon $C a SUD STEP-VA $0.00 Total R.81d"I Fund,-Restneted $396,697.00 $0.00 Mae �,� WD $196,697A0 Mors-Reylor 1 Furds-Resbkted SUD Communitreased SUD Treatment Services SUDW-(Includes UNK at4 C564) $12,303.26 532 3.26 $D D MAT •00 92 $O.OD251. SUD PemnaMMSupporTrye Housing $131, $131,251.62 SDm SUD Re- $0m SLIDRecawery $46,010,34 S46,010.34 $0.00 SUD DIDTnlnna/SUD Youth Senvkea/COMD $142,D73.70 50.00 SUD r2virTime Reshkled State Funds S142p73.70 5000 Total NomReaimnal Wrds-pesdeted $0,40 $341,639.12 $000 $34]63912 $Om SO.oD Non-RoplwraFunds.thuesrrkteA SUD State Funds $347,14900 $2,3a9,6%54 SUD Repon V Rnldend.1 $2,388,69654 $3a714900 suo tan Senelces/suven4e Detentbn $131,215.OD $131,215.00 $0 $22,267.63 .00 SLID HN/Aq5 $22,267.69 $0.00 SUD One-Tir-State Furls s30'892'00 W,,991.00 $0.00 Total Nan-Regional Funds-UnresMRed 00 $547.149.00 $2,573,271.17 $0.00 $D.00 Total Stata Fords $2,573,171.17 $347,199.00 S74MM.00 $2.914,93a29 So" $2.914,920.29 $748,a46.00 Other Funds wD Other Funds Total Other Fund: $0.00 $216,966.00 $216,966A0 $0.00 SZIaA69.Op $0.00 $216,%B.00 Sam Matching Funds SUD Local GOVNnment Appropriations $1605446A0 SUD Philanthropic Cash Contributions $1,fA5,44a00 SUD In-Kind Contributions So W SUD Local Interest Revenue Som Total loul744eGnhrE Fulls $0,00 $1.605g4F.00 $D•oD $0.00 Tests[suD Funds S3.6os,44a.aD $0.00 5741,646.60 $BAD5,6a7.74 So.00 SB,O05.607.29 $743,946.00 38 ITEM— VII.J.7 ORDINANCESIRESOL UTION ITEM#76093 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Tourism Authority and ACCEPT and APPROPRIATE $100,000 donation from the Authority to the FY 2024-25 Cultural Affairs Operating Budget re development of the Hampton Roads African American Heritage Trail Guide and EXECUTE a Memorandum of Understanding(MOU)with Hampton Roads African American Heritage Trail,Inc. re fund the development of the Trail Guide Voting: 11 - 0 Council Members Voting Aye.- Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None *Council Member Ross-Hammond filed a disclosure letter September 3, 2024 Gt��$FAc 0 �' � City of Vir 'a B each U 99�s Op OUR N 0 VBW%com DR.AMELIA N.ROSS-HAMMOND CELL:(757)840-0735 COUNCIL MEMBER EMAIL:arosshammond(tvbaov.com DISTRICT 4 September 3, 2024 In Reply Refer to 0090559 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Regarding the Hampton Roads African American Heritage Trail Dear Mrs. Barnes: I make the following declaration: 1. I am executing this written disclosure regarding the ordinance to authorize the City Manager to execute an agreement with the Virginia Tourism Authority, to accept and appropriate a $100,000 donation from the Authority to the FY 2024-25 Cultural Affairs operating budget for development of the Hampton Roads African American Heritage Trail Guide, and to execute an agreement with Hampton Roads African American Heritage Trail, Inc. to fund the development of the trail guide. 2. I am a director of Hampton Roads African American Heritage Trail, Inc. ("HRAAHT"), but I do not receive a salary or other compensation from the HRAAHT. 3. The City Attorney has advised me that the State and Local Government Conflict of Interests Act provides that, because I do not receive compensation from the HRAAHT, I do not have a "personal interest" in the HRAAHT, and therefore the Act places no restriction on my ability to participate in the City Council's discussion and vote on this agenda item. I nevertheless wish to make this public disclosure. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Dr. Amelia Ross-Hammond Councilmember ARH/RRI 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MEMORANDUM OF UNDERSTANDING WITH 3 THE VIRGINIA TOURISM AUTHORITY TO FUND THE 4 DEVELOPMENT OF A HAMPTON ROADS AFRICAN 5 AMERICAN HERITAGE TRAIL GUIDE, TO ACCEPT AND 6 APPROPRIATE FUNDING FROM THE VIRGINIA TOURISM 7 AUTHORITY, AND TO EXECUTE A MEMORANDUM OF 8 UNDERSTANDING WITH HAMPTON ROADS AFRICAN 9 AMERICAN HERITAGE TRAIL, INC. REGARDING 10 EXPENDITURE OF FUNDING FROM THE VIRGINIA 11 TOURISM AUTHORITY 12 13 WHEREAS, in the most recently adopted state budget, the Virginia General 14 Assembly, with the Governor concurring, authorized one hundred thousand dollars 15 ($100,000) ("Funding") to be appropriated by the Virginia Tourism Authority, doing 16 business as Virginia Tourism Corporation ("VTC"), to the City of Virginia Beach ("City") to 17 be used solely by Hampton Roads African American Heritage Trail, Inc. ("HRAAHT") to 18 develop an African American heritage trail guide ("Guide"); and 19 20 WHEREAS, the VTC and the City are proposing to enter into a memorandum of 21 understanding ("MOU") whereby the City will be the recipient of the Funding; and 22 23 WHEREAS, the City and the HRAAHT are proposing to enter into a separate 24 memorandum of understanding whereby the City will provide the Funding to the HRAAHT 25 for the purpose of developing the Guide ("HRAAHT MOU"); and 26 27 WHEREAS, under the terms of the proposed MOU between the City and VTC, the 28 City will 1) receive the Funding from the VTC to be used solely by HRAAHT for the 29 development of the Guide and not for any other purpose; and 2) submit an invoice to VTC 30 for the Funding; and 31 32 WHEREAS, the terms of the proposed HRAAHT MOU require HRAAHT to: 1) plan 33 and develop the Guide, and be fully liable and responsible to the City for development of 34 the Guide; 2) use the Funding solely for the development of the Guide and not for any 35 other purpose; 3) provide the City with a written final report listing activities and evaluating 36 its success no later than fifty (50) days after the end of the term of the HRAAHT MOU; 37 and 4) retain all reports relating to the project for five years after completion; and 38 39 WHEREAS, the MOU does not require an additional or matching donation from 40 the City. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, THAT: 44 45 1. The City Manager is hereby authorized to execute a Memorandum of 46 Understanding with the Virginia Tourism Authority to fund the development of a 47 Hampton Roads African American Heritage Trail Guide, in accordance with the 48 Summary of Terms, attached hereto as Exhibit A, and other such terms, conditions 49 and modifications as may be acceptable to the City Manager and in a form deemed 50 satisfactory by the City Attorney. 51 52 2. A $100,000 donation is hereby accepted from the Virginia Tourism Authority and 53 appropriated, with miscellaneous revenue increased accordingly, to the FY 2024- 54 25 Operating Budget of Cultural Affairs for the purpose of funding the development 55 of a Hampton Roads African American Heritage Trail Guide. 56 57 3. The City Manager is hereby authorized to execute a Memorandum of 58 Understanding with the Hampton Roads African American Heritage Trail, Inc. to 59 fund the development of a Hampton Roads African American Heritage Trail Guide, 60 in accordance with the Summary of Terms, attached hereto as Exhibit B, and other 61 such terms, conditions and modifications as may be acceptable to the City 62 Manager and in a form deemed satisfactory by the City Attorney. 63 64 Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day of September 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement Services ity Attorney's Office CA16627 R-1 August 21, 2024 EXHIBIT A SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING("MOU") PARTIES: The City of Virginia Beach ("City") Virginia Tourism Authority, d/b/a Virginia Tourism Corporation("VTC") TERM: The MOU expires on June 30, 2025. PURPOSE: The City will be the recipient of one hundred thousand dollars ($100,000), to be appropriated by VTC ("Funding"), to be used solely by Hampton Roads African American Heritage Trail, Inc. ("HRAAHT") to develop a Hampton Roads African American heritage trail guide ("Guide"). TERMS: The MOU requires VTC to: • Provide Funding to the City to be used by HRAAHT to develop the Guide and not for any other purpose. • Make payment within thirty (30) days of receipt of an invoice from the City. The MOU requires the City to: • Use the Funding solely for HRAAHT to develop the Guide. • Submit an invoice to VTC for the Funding. The MOU does not require an additional or matching donation from the City. EXHIBIT B SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING ("MOU") PARTIES: The City of Virginia Beach("City") Hampton Roads African American Heritage Trail, Inc. ("HRAAHT") TERM: The MOU expires on September 30, 2025. PURPOSE: City will provide one hundred thousand dollars ($100,000), to be provided by Virginia Tourism Authority, d/b/a Virginia Tourism Association ("VTC") ("Funding"), to HRAAHT for the purpose of developing a Hampton Roads African American heritage trail guide ("Guide"). TERMS: The MOU requires the City to: • Upon receipt of Funding, pay Funding to HRAAHT to be used solely for the development of the Guide. The MOU requires HRAAHT to: • Plan and develop the Guide and be fully liable and responsible to the City for development of the Guide. • Use the Funding solely for the development of the Guide and not for any other purpose. • Provide the City with a final written report listing activities and evaluating success no later than fifty(50) days after the end of the term of the MOU. • Retain all reports relating to the MOU for five years after completion of the MOU. 39 ITEM— VII.J.8 ORDINANCESIRESOL UTION ITEM#76094 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $22,500 from the Virginia Department of Historic Resources and to the FY2024-25 Planning and Community Development Operating Budget and AUTHORIZE a $25,000 grant match re update up to five (5)National Registrar of Historic Places nominations 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 September 3, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF HISTORIC 3 RESOURCES AND TO AUTHORIZE A GRANT MATCH 4 5 WHEREAS, in April 2024, the Department of Planning and Community Development 6 prepared and submitted a Certified Local Governments grant application, and 7 8 WHEREAS, a letter was received from the Virginia Department of Historic 9 Resources in August 2024 to notify the City of a grant award in the amount of $22,500, 10 and 11 12 WHEREAS, an amount of$25,000 of matching funds from the City is required. 13 14 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA, THAT: 16 17 1 . $22,500 is hereby accepted from the Virginia Department of Historic Resources and 18 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating 19 Budget of the Department of Planning and Community Development to update up to 20 five National Registrar of Historic Places nominations-, 21 22 2. A local grant match of$25,000 is hereby authorized from existing resources in the 23 Department of Planning and Community Development. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day of September _, 2024. Requires an affirmative vote of a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A udget A anagement Services orn s 6iffice CA 16634 R-1 August 22, 2024 40 ITEM— VII.J.9 ORDINANCESIRESOL UTION ITEM#76095 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $4,280 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget and AUTHORIZE a $1,412.40 local match re Project of Assistance in Transitioning from Homelessness Program Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 3, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT THE PROJECT OF ASSISTANCE IN 3 TRANSITION FROM HOMELESSNESS PROGRAM AND TO 4 AUTHORIZE A LOCAL MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $4,280 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with revenue increased 11 accordingly, to the FY 2024-25 Operating Budget of the Department of 12 Human Services for the Project of Assistance in Transitioning from 13 Homelessness Program. 14 15 2) A required local match in the amount of $1,412.40 is hereby authorized to be 16 provided from the Operating Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day of September 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iu�dg_et(and �nag�emen`tServ`ices ney's Office CA16628 R-1 August 22, 2024 41 ITEM— 1/71 J.10 ORDINANCESIRESOL UTION ITEM#76096 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $1,500 from the Virginia Department of Forestry to the FY 2024-25 Parks and Recreation Operating Budget and AUTHORIZE a $1,500 local match re Wesleyan Park Tiny Forest Project Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 3, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF FORESTRY'S 3 VIRGINIA TREES FOR CLEAN WATER GRANT PROGRAM 4 AND TO AUTHORIZE A LOCAL MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $1,500 is hereby accepted from the Virginia Department of Forestry and 10 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating 11 Budget of Parks & Recreation for the Wesleyan Park Tiny Forest Project. 12 13 2) A local match of $1,500 is hereby authorized from existing resources in the 14 Department of Parks & Recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day Of September 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget an nagement Services i y orney's Office CA16630 R-1 August 22, 2024 42 ITEM— VII.J.11 ORDINANCESIRESOL UTION ITEM#76097 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to CARRY FORWARD and APPROPRIATE$6,463,792 into the FY 2024-25 Operating Budget re purposes previously approved in FY 2023-24 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 September 3, 2024 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $6,463,792 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2023-24 INTO THE FY 4 2024-25 OPERATING BUDGET 5 6 WHEREAS, funding totaling $6,463,792 were unexpended at the close of Fiscal 7 Year 2023-24 and require re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2024-25 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $6,463,792 is hereby appropriated in the FY 2024-25 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A- FY 2023-24 15 Items Requested for Carry Forward into FY 2024-25," with a corresponding increase in 16 revenue from each respective fund stated therein. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of September 2024. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and ,Management Services 46� r CA16631 R-1 August 22, 2024 Exhibit A:FY 2023-24 Items Requested for Carry Forward into FY 2024-25 Department Amount Pur ose Public Works $250,945 Funding for the installation,annual subscription,and services for Masterworks project management software. Public Works $740,586 Funding from VDOT for the purchase of new and replacement vehicles for Public Works Operations. Voter Registration and Elections $356,548 Funding for the June Primary Election unable to be spent prior to June 30 due to timing of the election. Non-Departmental $498,784 Funding to replace city-wide vehicles,unable to be purchased due to supply chain issues. Non-Departmental $150,000 Funding for counseling support services. Budget and Management Services $62,550 Funding for ongoing cost of new city budgeting system. Emergency Medical Services $800,000 Funding for the implementation of a pharmacy program,as approved in April 2024. Human Services $237,658 Funding from the Commonwealth for Permanent Supportive Housing unable to be spent due to timing of the award. Human Services $156,282 Funding from the Commonwealth for Substance Use Disorder treatment services unable to be spent due to timing of the award. Human Services $77,250 Funding from the Commonwealth regional mobile crisis response unable to be spent due to timing of the award. General Fund $3,330,603 Public Works $143,383 Funding for Public Works vehicle replacements,unable to be purchased due to supply chain issues. Tourism Investment Program $143,383 Public Works $57,976 Funding for the purchase of replacement equipment for Sandbridge Beach. Sandbrid a Special Service District $57,976 Housing&Neighborhood Preservation $35,456 Funding for vehicles for rental housing inspectors. Federal Section 8 Program $35,456 Public Utilities $252,250 Funding for the purchase of two vehicles unabled to be purchased due to supply chain issues. Water and Sewer Enterprise Fund $252,250 Public Works $887,113 Funding for vehicles and equipment for the BMP Maintenance Crew,unable to be purchased due to supply chain issues. Storm Water Utility Enterprise Fund $887,113 Public Works $1,213,927 Funding for solid waste trucks,unable to be purchased due of supply chain issues Public Works $386,740 Funding for hazardous material storage lockers for the landfill. Waste Management Enterprise Fund $1,600,667 Public Works $120,336 Funding for a fuel site at Fire Station#12 unable to be finanlized due to supply chain issues. Fuel Internal Service Fund $120,336 Library $36,008 Funding for the final invoices related to the purchase of the Bookmobile. Library Gift Fund $36,008 43 ITEM— VILJ.12 ORDINANCESIRESOL UTION ITEM#76098 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to TRANSFER $8,441,844 to Capital Project 100291 "Operations Facilities Renovations" and APPROVE the Modification of a Construction Contract with MEB General Contractors for Buildings 3, 11 and 33 re address the prospective change order limitations provided by Virginia Code Section Z2-4309(A) 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 September 3, 2024 1 AN ORDINANCE TO TRANSFER $8,441,844 TO 2 CAPITAL PROJECT 100291, "OPERATIONS 3 FACILITIES RENOVATIONS,"AND TO APPROVE THE 4 MODIFICATION OF A CONSTRUCTION CONTRACT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $2,616,000 is hereby transferred from Capital Project #100260, "Beach 10 Maintenance Facility," to Capital Project #100291 , "Operations Facilities 11 Renovations." 12 13 2. $5,825,844 is hereby transferred from Capital Project #100675, "Central Plant 14 Loop Replacement," to Capital Project #100291, "Operations Facilities 15 Renovations." 16 17 3. To address prospective change order limitations provided by Virginia Code § 18 2.2-4309(A), the City Council hereby approves the modification of the 19 construction contract for Buildings 3, 11, and 33 with MEB General Contractors 20 with a revised fixed contract price of $63,166,843.73. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day Of September , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Atforney's Office CA16632 R-2 August 27, 2024 44 ITEM— VII.K.I PLANNING ITEM ITEM#76099 The following registered to speak: Chris Patchta—Attorney for Applicant spoke in SUPPORT. Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, AS PROFFERED, application of THALIA PLAZA, LLC for a Conditional Changeof Zoning from B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b) of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THALIA PLAZA, LLC for a Conditional Change of Zoning from B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b) of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue(GPINs 1477857194, 1477857096)DISTRICT 4 The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. Conditions for Subdivision Variance: 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning& Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF THALL4 PLAZA, VIRGINIA BEACH, VIRGINIA",prepared by Orb is Landscape Architecture, dated Afareh 'a """ 4(4�Auggust 21, 2024 a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty(20)feet. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. September 3, 2024 45 ITEM— VILK.1 PLANNING ITEM ITEM#76099 (Continued) Adopted by the City Council of the City of Virginia Beach, Virginia, on the 3"d day of September Two Thousand Twenty Four. Voting: 8-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Chris Taylor Council Members Abstaining: Sabrina D. Wooten Council Members Absent: None September 3, 2024 ANIAI'BEAc9 U � City of Virginia Beach i �O r2 Op OUR NA310 N wxom SABRINA D.WOOTEN CELL:(757)797-5625 COUNCIL MEMBER P.O.BOX 6665 DISTRICT 7 VIRGINIA BEACH,VA 23456 EMAIL:Swoolen(a-�vbgov.com August 20, 2024 Refer to File No. 0090383 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 application of Thalia Plaza, LLC for a conditional change of zoning and a variance for property located at 4317 Virginia Beach Boulevard and 216 North Fir Avenue. 2. The applicant has disclosed that TowneBank is a service provider with respect to this transaction. I have business dealings with TowneBank, which is located at 600 22"d Street in Virginia Beach. 3. 1 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, 1 Sabrina D. Wooten Councilmember SDW/RRI Virginia Beach Boulevard Y, ❑- 0 ._on-MR z E— I B�2 B2 B2 a� 4� Q fL R5 D Br2 R5D� -- R-SID - N ® Site W .E Property Polygons Thalia Plaza, LLC . Zoning 4317 Virginia Beach Boulevard S Building & 216 N. Fir Avenue Feet 0 1020 40 60 80 100 120 THALIA PLAZA, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of April, 2024, by and between THALIA PLAZA, LLC, a Virginia limited liability company,party in the first part, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party in the second part, Grantee. WITNESSETH: WHEREAS,the party in the first part is the owner of two contiguous parcels of land located in the District 4 of the City of Virginia Beach, containing approximately 0.44 acres, as more particularly described as "Exhibit A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the party of the first part, as owner of the two parcels of land, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of one parcel of land within the Property from R-51) Residential Duplex District to Conditional B-4 Mixed Use District, and the other parcel of land within the Property from B-2 Business District to Conditional B-4 Mixed Use District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes though zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not GPIN NO.: 1477-85-7194-0000 Prepared by: Christopher A. Pocta, Esq. 1477-85-7096-0000 Wolcott Rivers Gates 200 Bendix Road Suite 300 Virginia Beach, VA 23452 Telephone: (757) 497-6633 Facsimile: (757) 554-0248 generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-4 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element or compulsion or quid pro quo for conditional use, site plan, or building permit, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claimed under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA", dated 08/21/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Concept Plan"), and is incorporated herein by reference. 2. When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning ("Building and Elevations"), and is incorporated herein by reference. 3. There will be no more than one (1) enclosed building as depicted on the Concept Plan. 2 4. When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property.Any outdoor lighting will not be erected any higher than fourteen(14) feet. 5. When the Property is developed, the rear yard of the Property will utilize a 15' Category IV landscaping buffer and the eastern border of the Property will utilize a 10' Category I landscaping buffer. 6. When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. 7. When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. 8. When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. 9. Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the conditional use and R-513 Residential Duplex Districts, B-2 Business Districts, and Conditional B-4 Mixed Use Districts, and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or 3 varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instruments as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory jurisdiction, abatement, damages, or other appropriate action, suit or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. [Signature Page Follows] 4 WITNESS the following signatures and seals: THALIA PLAZA, LLC, a Virginia limited liability company By: (SEAL) Name: p Title: MCl y CA q e Y ' COMMONWEALTH OF VIRGINIA /COUNTY OF y IYd iV11 n V) W&h , to-wit: 1, the undersigned, a Notary Public in and for my (:Z�County and State aforesaid, do hereby certify that M01VMm?ed �[ ni of Thalia Plaza, LLC, a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this 3 Dt day of "V11 , 2024, who is personally known to me or has produced sufficient identification documentation. Notary Public IOL My Commission Expires: •• NCrTAKY My Commission Number: PUBLIC O N7W517: L �C 5 EXHIBIT A Property Description for GPINNo. 1477-85-7194-0000 ALL THOSE certain lots,pieces,or parcels of land,with the buildings and improvements thereon, situate in Kempsville Mosquito District,numbered 4317 Virginia Beach Boulevard,(formerly 100 Fir Avenue), formerly in the County of Princess Anne, being known, numbered, and designated as Lots 12, 13, and the Northern 23 feed of Lot 11, in Block 23, on the plat of"Resubdivision of Lots Numbered 5 through 13, Block Numbered 23, Deal Tract No. 2, located near Jacksondale in Princess Anen County,Virginia",now Virginia Beach,Virginia,which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,formerly in the Clerk's Office of Princess Anne County, Virginia in Deed Bok 407 at page 435. LESS AND EXCEPT that portion conveyed to the Commonwealth of Virginia by deed dated November 5, 1950, recorded June 6, 1951 in Deed Book 287 at page 433, for street purposes. LESS AND EXCEPT that portion conveyed to the City of Virginia Beach, Virginia for drainage purposes as set out in Deed Book 2562 at page 1031, recorded November 6, 1986. Property Description for GPIN No. 14 77-85-7096-0000 ALL THOSE certain lots,pieces,or parcels of land,with the buildings and improvements thereon, situate, in the City of Virginia Beach, Virginia and being known,numbered, and designated as the Northern Twenty-seven (27) feet of Lot Nine (9), adjoining Lot Ten (10), all of Lot Ten (10) and the Southern Twelve(12) feet of Lot Eleven(11), adjoining Lot Ten(10), in Block Twenty-Three (23), as sown on the plat entitled, "Resubdivision of Lots #5 through #13, Block #23, Deal Tract No. 2, located near Jacksondale in Princess Anne Co., Va.", said plat having been recorded with deed dated June 24, 1955,to Robert G.Youn and recorded there with simultaneously to which plat reference is made for a more particular description thereof. 6 46 ITEM— VII.K.2 PLANNING ITEM ITEM#76100 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ALLOWED WITHDRAWAL, BY CONSENT, application of GREEN CLEAN HOLLAND. LLC/ALP &ALEX ASLANfor a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10 (Deferred from July 9, 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 September 3, 2024 47 ITEM— VII K 3 PLANNING ITEM ITEM#76101 The following registered to speak.- Diamond Farrow,Applicant, 4708 Pembroke Lake Circle,Phone: 685-5448, spoke in SUPPORT Upon motion by Council Member Schulman, seconded by Vice Mayor Wilson, City Council DENIED application of DIAMOND FARROW I STAR REAL ESTATE, LLC for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9 Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. `Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Chris Taylor—Stated he does not have a letter on file and abstained due to "double standard" Council Members Absent: None September 3, 2024 48 ITEM— VILL APPOINTMENTS ITEM#76102 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SER VICES BOARD EASTERN VIRGINIA INDUSTRML FACILITYAUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORYBOARD HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION STORMWATER MANAGEMENT IMPLEMENTATIONADVISORY GROUP TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN A GRICUL TURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD September 3, 2024 49 ITEM— VILL APPOINTMENTS ITEM#76103 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: CATHERINE SEEBAUER Three year term 91312024—813112027 ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: David Hutcheson—Stepped out during the vote September 3, 2024 50 ITEM— VILL APPOINTMENTS ITEM#76104 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: SANJAYPATEL (VB Restaurant Association not in the Resort Area) Three year Term 91312024—813112027 ADVERTISING ADVISORY COMMITTEE Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: David Hutcheson—Stepped out during the vote September 3, 2024 51 ITEM— VII.L APPOINTMENTS ITEM#76105 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: CHRISTOPHER BUHNER Unexpired thru 713112025 Plus four year term 81112025— 713112029 ARTS AND HUMANITIES COMMISSION Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: David Hutcheson—Stepped out during the vote September 3, 2024 52 ITEM— VILL APPOINTMENTS ITEM#76106 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JAMES REIDY (Environmental Attorney) Three year term 91312024—813112027 And REAPPOINTED: ROY FLANAGAN (Agriculture) CHRIS FREEMAN (Environmental Community) ALBERT HENLEY (Citizen Member) BARBARA HENLEY (City Council Member) HAROLD JONES (Environmental Community) EMILYSTEINHILBER (Environmental Consultant) Three year term 111112024—1013112027 GREEN RIBBON COMMITTEE Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: David Hutcheson—Stepped out during the vote September 3, 2024 53 ITEM— VII.L APPOINTMENTS ITEM#7610 7 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: FLORENCE REESE Unexpired term thru 1213112024 Plus three year term 11112025—121311202 7 VINCENT LYONS Three year term 91312024—813112027 HISTORIC PRESERVATION COMMISSION Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: David Hutcheson—Stepped out during the vote September 3, 2024 54 ITEM— VU L APPOINTMENTS ITEM#76108 Upon nomination by Vice Mayor Wilson, City Council REAPPOINTED: STEVENMCNAUGHTON (Registered Architect) RICHARD POOLE (Registered Architect) JAMES VACHON Three year term 111112024— 101311202 7 HISTORICAL REVIEW BOARD Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: David Hutcheson—Stepped out during the vote September 3, 2024 SS ITEM— VII.L APPOINTMENTS ITEM#76I09 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MIL VSKA E. CARLEVARINO ZEGARRA Unexpired term thru 313112026 HUMAN RIGHTS COMMISSION Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: David Hutcheson—Stepped out during the vote September 3, 2024 56 ITEM— VII.L APPOINTMENTS ITEM#76110 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JENNY C.PERRY Unexpired term thru 513112028 OPEN SPACE ADVISORY COMMITTEE Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: David Hutcheson—Stepped out during the vote September 3, 2024 57 ITEM— VILL APPOINTMENTS ITEM#76111 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: SHEA DEBERRY Four year term 91312024—813112028 PUBLIC LIBRARY BOARD Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: David Hutcheson—Stepped out during the vote September 3, 2024 SH ADJOURNMENT ITEM#76112 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.15 P.M. ' s Chief Deputy City Clerk �a / Ama a Barnes, Robert M.Dyer City Clerk Mayor City of Virginia Beach Virginia September 3, 2024 59 OPEN DIALOGUE The following registered to speak.- Dennis Jemison, did not respond Hanna Merk, did not respond Sally Gudas, 9419 Selby Place,Norfolk, Phone: 804-399-8342, expressed OPPOSITION to Israel/ Palestine conflict Saher Mirza, 3940 Meeting House Road,Phone: 919-302-2274, expressed OPPOSITION to Israel/ Palestine conflict Nihal Gokus, 4701 Hermitage Road, Phone:277-3884, expressed OPPOSITION to Israel/Palestine conflict Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, expressed OPPOSITION to the high cost of concealed carry permits ADJOURNED at 7.27 P.M. September 3, 2024