HomeMy WebLinkAboutOCTOBER 1, 2024 FORMAL SESSION MINUTES 7
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
OCTOBER 1,2024
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference
Room, Tuesday, October 1, 2024 at 1:00 P.M.
Council Members Present:
Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David
Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
2
CITY COUNCIL'S BRIEFINGS
VB THRIVE UPDATE
ITEM#76198
1:02 P.M.
Mayor Dyer welcomed Mark Uren, CEO- United Way of South Hampton Roads. Mr. Uren expressed his
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 Mr. Uren for the presentation.
October 1, 2024
- asew�Mnnpen noM.
WNW
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Val
i
1- � ' +
•1
Where
We are
Now
VNH d�ee� novas
1
Q'— OF Workforce
=4 00 Development
(180 degrees obtained,
$839,001.65 funding)
Apply for 000
Services Intake #� rr0-,�� f
& Needs /n
_�nnl I�
Assessment One-on-One f
(3,882 applications Individual Goals
received) Mentoring Long-Term ,s
(238) Input in (784 goals met) Housing
Centralized (housing assistance
System
$3,533,841.80)
The future success of our community �� •�
is directly tied to the long-term financial stability of ALICE Wraparound Assistance
($105,016.70 funding provided)
households. Thriving families invest back into their community.
United
Way
sWhere We are Now
..
aaenn Hammon aoaes
VUHRIV DEW
Apply for
Services Intake 0
& Needs
Assessment Short-Term Case Management
(3,882 applications One-on-One (2,792) g
(information & referral/housing and wrap-
received) Mentoring
around supports to reduce barriers)
5,183 referrals to community partners
When we invest in resources like education,job training, and
financial literacy, we empower families to build a stable future.
By nurturing families today, we are creating a legacy of
empowerment and resilience that benefits entire communities
for years to come.
Where We are Now MTHRIV MW
• VBthrive Grant total: $11 ,3389258.00
• Total Grant Funds Spent to date: $8,213,875.68
• Current Spending FY 24-25: $809,804.58
• Remaining Funding: $ 39065,612.94
Year 1 Jan 22-June 22 Year 2 July 22-June 23 Year 3 July 23-June 24
$405,980.00 $3,817,642.13 $3,239,218.35
. Y
$ o
Current Outcomes
1
238 Long-Term $99684.85 17 points $548.11
Participants average annual average increase average increase
income increase in credit score in savings
•
$49167.68 93% 165
average decrease participant total closures
in debt engagement rate (76 successful)
1
Demographics
URMed Wey
el South Hampton RoMf
Ethnicity (Hispanic/Latin X) Gender
Yes No Prefer not to answer
0 1000 2000
t�
` Female 2261
354
n;,
Male 450
yr..
t
,s Not Answered 6
Gender Non Conforming ! 3
Trans Fremale 1
Doesn't Know 1
Trans Male 0
Unite
. Y
Demographics
Race Age
18-25 26-34 35-44 45-54
0 500 1000 1500
55-64 0 65+
Black or African American 1988 I
f
White - 381 253
Multi Racial . 192
Not Answered ' 85
Asian ' 38 805
American Indian or Alaska Native ( 25
Islander 18
8.4
Native Hawaiian or Other Pacific 5 LL--
. Y
Demographics - Zip Codes VllJHRIVE)M>
22453 23320 23362 23364 23445 23450 23451
4040004000
23452 23453 23454 23455 23456 23457 23462
00000040
23463 23464 23465 23466 23504 23505 23513
0000000
23517 23562 23564 24451
uexse w.Y
VBThrive
Testimonials
e19oNh Mamp�on RoaA�
Shanita Hawkins Sonja Johnson
Long Term Mobility Mentor, Virginia Beach, City
UWSHR Resident
•
Ili
'Y
United
Way
Rent
Burdened
Severe
Rent
Burdened
uneewsr
019ou1h Nampon RoaAs
Rent Burdened Severe Rent Burdened
Spending more than 30% of Spending more than 50% of
your income on rent & utilities your income on rent & utilities
Not Rent Burdened
Owner Burdened 18%
24%
Rent Burdened
29%
Severe Owner Burdened
40%
Not Owner Burdened
36% Severe Rent Burdened
53%
Predictions for Grant
V9HRIV DID
• Remaining Funding: $ 3,065,612.94 as of 9/30/2024 (NEED to VERIFY!!!)
• Average participants per month: 190, Housing support per person: $1,500
Total Monthly $285,000.00 (Deficit of $4,899,387.06)
• 7 months left — if spending at current rate, VBthrive will make it to April 2025
United A110
Way
Thank you to our Partners ! u�.e way
d lm.lh Hampton Ponds
CATHOLIC HAMPTONROADS
CHARITIES WORKFORCECOUNCIL
Of Eastern Virginia ONE REGION,ONE WORKFORCE. ONE ECONOMY.
Since 1932
Vir na Beach �i�I'�"`',; To"E 1Jtil�K Urban League of
•h 1�)- Hampton Roads, Inc.
COMMUNITY DEVELOPMENT CORPORATION Serving Others.Enriching Lives® —�-�-
C ATH O L I C Financial dignity changes everything.
Support the work of HOPE. w
C 1-1A R I T I IF-7S operationhopeorg/donate ,*
svnce 1932 O.f Eastern T/ZYgll'tZU
Questions?
of so�nn M.mgon goads
Mark Uren Vivien McMahan Kimberly Heath
President & CEO Vice President, Community Impact Sr. Director, Financial Stability
V muren@unitedwayshr.org u vmcmahan@unitedwayshr.org V kheath@unitedwayshr.org
m act of the M u Iti -Generational A roach Unway
p pp
Bullseye to Self Sufficiency VaTNRIV�»
EARNINGS Navigating Wellness •
LEVEL HOUSING
Long-Term Mobility
EDUCATION. Mentoring
TRAINING
Care
&CAREER
MANAGEMENT FAMILY
•• • . •
'/ ' / , /
.00
SAVINGS2 4 68 10 ► . TRANSPORTATION
,1
DEBT CHILDCARE _ _ _
&SPENDING • • • .
$ 111 1
SOCIAL PHYSICAL
NETWORKS &MENTAL0 Administration:
&SUPPORT HEALTH
SYSTEM $ , , , , , , ,
ilk
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3
CITY COUNCILS BRIEFINGS
BY-RIGHT VERSUS DISCRETIONAR Y DE VEL OPMENT
ITEM#76199
1:48 P.M.
Mayor Dyer welcomed Kathy Warren, Director and Kevin Kemp, Zoning Administrator-Planning. Mrs.
Warren 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 Mrs. Warren and Mr. Kemp for the presentation.
October 1, 2024
Y
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By- Right Versus DiscretionaryDevelopment
Kathy Warren, Director, Planning & Community Development
Kevin Kemp, Zoning Administrator
City Council Briefing, October 1, 2024
CITY OF
VIRGINIA
BEACH
MonthlyReportland Use
• Included in Friday Package
(generally 3rd Friday of the
month) SEPTEMBER 2024
• Includes information from : MONTHLY
LAND USE
• Permits & Inspections REPORT
Section 1—Permits&Inspections Report
• Development Services Center (DSC) (Reporting Period August 2024)
Section 2—Development Services Center Report
(Reporting Period August 2024)-
9 Planning Administration Section 3—Planning Commission Report
;Reporting Period September 2024)
• Updated to include :
• Designation for discretionary items
in DSC Site Plan approval section
Meeting Log
BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENTS 2
Presentation Overview
• Zoning Ordinance Overview
• Zoning Evaluation of Land Use Applications
• By-Right versus Discretionary Development
• Definitions
• Land Use Tables
• Establishing the type of development
• Development Application Review Process
• Examples of Land Use Applications' Evaluation
1. Owl's Creek Oyster Bar
2. Proposed multi-family, Sandbridge- 3713 Sandpiper Road
3. 525 Kempsville Apartments
4. Pa n e ra Bread - Lyn n h ave n Mall BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENT 3
Zoning Ordinance Overview - Intent
Intent of the Zoning Ordinance
"...to promote and protect the health, safety and general welfare of
the people of the city."
"... by encouraging the most desirable use of the land . . . and by
encouraging the most appropriate use and occupancy of buildings..."
BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENTS 4VL
Zoning Ordinance Overview - Provisions
The Zoning Ordinance provides...
Specific uses
permitted in each
zoning district
Parking Density
Requirements Requirements
and more!
Dimensional
Signage Requirements (lot
Requirements area, lot coverage, lot
widths,setbacks, etc.)
Landscaping
Requirements
BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENTS 5
Zoning Ordinance Overview — Basic Elements
The Basic Elements of the Zoning Ordinance
1. Uses
2. Development Standards
3. Nonconformities
4. Discretionary Applications
S. Procedures
6. Definitions
7. Official Zoning Map
BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENTS 6 VV3
Zoning Evaluation of land- Use Applications
Step 1. Zoning Map
• Establishes the official Zoning District
Step 2. Establish Use
• Principal Uses (By-right)
y Primary uses and accessory uses
• Conditional Uses (City Council approval required)
Site-specific conditions may be required
Step 3. Development Standards
• Minimum requirements of the Zoning Ordinance
• Exceptions or special criteria (Variance or City Council approval)
BY-RIGHTVERSUS DISCRETIONARY DEVELOPMENTS 7
By-Right versus Discretionary Development - Definitions
1. Principal Uses (By-Right)
• Uses that are allowed automatically and are typical/desired for the zoning district.
• Examples: single-family dwellings in residential districts; retail in business districts.
• Typically, by-right uses only have to meet the minimum standards of the
ordinance.
2. Conditional Uses (Discretionary Applications)
z
• Uses that may create adverse or unique impacts on surrounding properties.
• Require special consideration and conditions to promote desired outcome.
• City Council can impose appropriate regulations in addition to the ordinance
requirements.
3. Accessory Uses
• Uses that are clearly incidental and customarily found in connection with the
primary use.
BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENT 8
By- Right versus Discretionary Development — Land
Use Tables
• Establishing the difference between by-right and conditional uses and
structures is the premise in which land use tables are built upon.
• Every permitted use or structure (by-right or conditional) is listed in the
land use tables.
• The Zoning Administrator has the responsibility to interpret uses that are
not clear or do not fit into a specific category.
BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENT 9 "416
By- Right versus Discretionary Development —
Permitted Uses
Permitted uses are listed in the Land Use Table for each specific zoning district.
• Uses and structures permitted by-right (principal) are indicated with a "P"
• Uses and structures permitted as conditional are indicated with a "C"
• Uses and structures that are not listed or indicated with an "X" are prohibited
Eating and drinking establishments with drive-through windows, except
specified •- •
Eating • drinking establishments • drive-through windows,
except as specified below
BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENTS 10
Rd0 A2B R76 OR
1
B - Right versus Discretionary Development
Types of Uses
Establishing the type of development:
A11
R4BR70 \OR t i�. Zoning' Map: Establishes • ' district
R40 ^•. �98 Al 't' •
Use
Rd0 ➢ OR S_
R2B tVR� Table: Establishes • is permitted.
R40 A73 L
_ A11.p 81 OR Op
OR t
OR �
Agricultural and horticultural u8e5 e><Cept iM the keeping of ppUltry.Ifves[Ock,bees.fish ppnd5 and Rsh haKheries i'
BY-RIGHT VERSUS
R54 V�,--�Bp � A53lTbhJ USeS C
v _
to
8orraw pits C
AtB J t gq y. OR i
DISCRETIONARY
pp
Development A lication Review Process
Discretionary development only
1. Application submitted to Planning Department
2. Staff evaluation and recommendation
3. Planning Commission recommendation (public comment available)
4. City Council decision (public comment available)
Discretionary and by-right development
1. Site plan submitted to Planning (DSC)
2. Building Plans submitted to Planning (Permits and
Inspections), may be concurrent with site plan
3. Zoning review
4. Site plan approval
5. Post approval conditions addressed (sureties, plats,
easements, etc.)
6. Site plan released
7. Permits obtained BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENTS 12
Example #1 - Owls Creek Oyster Bar - location
• Zoning: B-4
• Noise Zone: >75 dB
• Flood Zone: AE, BFE=8'
BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENTS 13
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gek tane- `
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_
fee M
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To
on Piles
•�`}-�'�'s -- ^^s�� f '�„�.•�,6��>�.: � �� Myrrh Morh
------ - --- -- ----.- - .__ _ _ -- -- -- -
1
Use fl-1 IWA 5-2 11-3 fY4 04C BdK
Eating and drinking establishments without drive-through windows,when not freestanding and incorporated inside a mixed use building except as I X X X X X P P
i
otherwise specified in this secdon
ng and drinking establishments with drive-through windows.except as specified below — X X P P P X C
I
Eating and drinking establishments without drive-through windows.except as specified below P P P P D X P
ya..x e.en ',�y�ww,w nn nwn.
Example #2- Sandbridge Multi- Family - Location
,xn H '•2yaa vw.m
• • i (Mixed-Use District)
Proposed Use: Multi-family dwellings
- is a principal use • •
s.- BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENT 1 15
g., 3-lk B-3 �9-4 B•4C B-rK
OWelfings,Attdcntb �X � X �P r X G
'I Owetlings.Muni-tdmiy X X X P C C
Example #2- Sandbridge Multi- Family - Proposal
Zoning Ordinance regulations:
.... ......
• Density
All r
a
�.. • Parking
® • Setbacks
• Height
�' ' • Lot Coverage
-' �""""""" • Landscaping/buffering
BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENTS 16 '`'
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Example #3 - 525 Kempsville Apartments - Proposal
r�
Specific Conditions of Approval :
,����°o ,o,�, ati. o o • Elevations
`��� °��'•.� ,� '�' �;o ° ' I • Site layout
Finish materials
Traffic study
�I O
��{� • Nature trails
i ,, • Signage
• Archaeological survey
I� '% -
LANDINGS BY-RIGHT VERSUS DISCRETIONARY DEVELOPMENT 18 V8
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ILgOa
Panera Bread Location
Example #4
t,
Zoning:
s BI `z i
Z ]Q ; 2 2 4 nn,tM ]I00-t Proposed • •
urant with drive-through
76 v t
window
INTERN47IONAt pKk'Y
_� RNA ifp NAt pNtt'Y
70
169
BI
.Use 8.1 6tA b2 83 E-4 E-K 6-OK
Eating anQ Qrrnkirp estaWlshment]without driveahrpugh wutdows.when not freestanding and incorporated insure a mixed use buildutg.except as x x X X % P P
otnetrvse specified in this section
Eating an0 dunking establishments vnthdnve-through wmdovrs.except as speafetl bNow X X P P P X C
Fatlng and drinking establishments vnthoUt drive-through windows.except as 5pedfied below P P P P P % p
BY-RIGHT VERSUSDISCRETIONARY DEVELOPMENT19
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CITY OF
VIIRGINIA►
BEACH BY-RIGHTVERSUS DISCRETIONARY DEVELOPMENT1 21
4
CITY COUNCIL'S BRIEFINGS
DIRECTION ON ITA STUDY/PASSIVE RECREATION
ITEM#76200
2:31 P.M.
Mayor Dyer welcomed Michael Kirschman, Director and Chad Morris, Planning Design &Development
Administrator—Parks&Rec.Mr.Kirschman expressed his 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 Mr. Kirschman and Mr. Morris for the presentation.
October 1, 2024
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ITA Master Plan Update
City Council Briefing
Chad Morris, PLA
Parks and Recreation, Planning, Design & Development Administrator
October 1st, 2024
CITY
VIR INIA
BEACH
"The City Manager shall provide a report to City Council by
October 1, 2024, using the Interfacility Traffic Area and Vicinity
Master Plan as the guide, that shall include an implementation
05/07/2024 plan and estimated costs to develop the ITA and Vicinity in
terms of recreational uses, to enhance the existing Princess
Budget Anne Commons recreation area, and to preserve the natural
Reconciliation areas designated in the Plan. Subsequent implementation can
occur as existing funds are identified and available."
Letter
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ITA PLAN UPDATE 2 vs
2017 ITA Plan Summary
1 F y
'y{Z Sy,
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The 2017 ITA Master Plan identifies eight initiative ,°AM'NE°K i ,,. �� ►`Y
areas:
1. Historic Princess Anne Center
2. Municipal Center ,px ;
3. Bio-Tech Park Innovation Park)
4. Sports Lenter (Princess Anne Commons Athlef'
r
Village)
5. Preservation and Passive Recreation
6. City Municipal Services Facilities
7. Agricultural Production
wkA
8. North Landing Park
ITA PLAN UPDATE 3 VB
#4 Sports Center Area Athletic Village)
• Ideal place to create a major active sports center, w
building on the existing athletic facilities that are
there
• With construction of Landstown Road, access to
additional large flat land areas will enable the City to
build more athletic fields and specialized facilities
• Tremendous demand for baseball, softball, soccer
and football fields _._ _--
• Southeastern Expressway alignment should be
protected. Temporary uses including parking and
access drives may be considered
ITA PLAN UPDATE) 4 Vg
#5 Preservation and Passive Recreation Area
• Opportunities for recreation, exploration, and = '
education are abundant
• Canoeing, kayaking, fishin hiking and bird watching
n
g, g g
are all supported
• Would also be accessible to bicycles and other non-
motorized vehicles
• Alternate modes of travel would play a specific role
in the transportation network
• Wetland restoration and enhancement and increaseP ,�@ w
in trees shrubs and herbaceous lant life to
Y
p
support an array of ecological, cultural, and
recreational opportunities .x :
x
ITA PLAN UPDATES 5 va
Eas Destination for All
v
• Opportunity for highest quality
•. Recreation
sports and recreation venues for
Vir inia B h r rea
Virginia Beach
g eac esidents
Council Districts • % hour drive max. for most
` 0MinuteDriveresidents
20 Minute Drive Time
� . ' _ O ortunit for cham ionshi
15 - . - Time pp Y p p
,� �, ,��, level sports tourism and
`'�� ecotourism
ITA PLAN UPDATE� 6
Master Planning Process 015
z � .
• Determine master plan limits (May)
• Review existing plans and studies (June)
• Identify and meet with various
stakeholders/subject matter experts (June/July) fit
• Work with ATAC, Open Space, TA/ITA and Green
Ribbon Committee chairs (June-August)
• Create use diagrams and draft preliminary '
concept plan (June/July)'
• Develop psupporting overall master Ian and
documents (August)
• Create preliminary cost estimates (September) `
• Complete master plan (October 1st)
• Present master plan to City Council (October = =
1st) ,
ITA PLAN UPDATE 7 VB
Review of Other Plans/Studies
w.
ti
City of Virginia Beach .
V I C T U S ACTIVE TRANSPORTATION PLAN I ink
The Bikeways& Trails Component of the
Comprehensive Master Plan
k.r,
FINAL REPORT:
EXISTING FACILITY REINVESTMENT SRJD' FGR Virginia
VIRGINIABEACH SPORTS FACILITIES �../ beach
MARCH 5 2024
E '
v
TA PLAN UPDATE J 8 V6
81% 6 1 31VOdn NVId Vll pn0Y LV,/p-4 u(,l SIX-7
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pasn Buiaq Apeaale si legnn uodn pline
SAM aalennwaols leuoilippV 0 � t �
Adouea aaal leuoil!ppV
(AJ!AIJaauuoa) slieal ljos pue llegdsb .
asn leaol JOI splaiJ DVVd leuoilippb'
splail/sailivawe :)bbd 2uilsixa apejOdn
DilalglV aoj paipjuapi sailiunlaoddp1*1
SuluOlSIA/luaw8SeSU3as lo a els � el
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Staff Stakeholder g (cont'd )
En a ement/Visioning g
• Opportunities identified for the
Preservation/Passive Recreation Area
� m
r n Mou tain bike trails
•
Soft trails hiking
• • ••�
Wildlife observation
�.
• Conservation and preservation education
• p� ��� = PINCAWooden boardwalks
• •
• Kayak launch/water access
... ' Additional tree canopy
•` 11QNAIA Preserving natural stormwater function
• Preserving and showcasing natural and
agricultural identity below the green line
FXrStrng Fdi`i" Roerd ITA PLAN UPDATE 10 VQ
Existing Assets
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Existing BMX Jump
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Existing trails(both formal and informal) already being used by acent to Golf Course
iTa PLAN uaDarE 11 `/a
cyclists, runners and walkers
aw
CHAMPIONSHIP
18 HOLE CHAMPIONSHIP
DISC GOLF PICKLEBALL FACILITY
COURSE 4 UPGRADED 'ifit P t�I
Plan
P' SYNTHETIC
CHAMPIONSHIP FIELDS 21 OUTDOOR COURTS
8 COVERED LCURTS
Master BMX TRACK/TRAILS / CLUBHOUSE AND .,
&PUMP TRACK _
2 CHAMPIONSHIP COURTS
1fit P BASEBALL/ X.,
SOFTBALL �FIELDS " P Site Data +It P Ae, ICHAMPIONSHIP
BASEBALL
e° FACILITY Key
PA Commons Athletic NATURE
TRAILS _k � West1. Athletic Village
Village
I COLLEGIATE LEVEL
PHASE
470 Acres SK PRACTICE CROSS CROSS COUNTRY COURSES(1K-IOK) Athletic2. • -
COUNTRY COURSE
Preservation/Passive
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FOR TRAILS '` naM sK
-6K
Recreation • • 3.
Passive
1,130 Acres \�Jl M MMn Recreation
gy�N
.600 total acres of ■� I s9
r �Fa 4 Passive
active • passive KAYAK LAUNCH
P �,�IRecreationSouth
recreation Pa rt 2
a RYPEa MOUNTAIN BIKE
Fn AND NATURE
TRAILS
Ni
LEBENO -T-
STUDY EXTENTS NEW ROADS AS PER MTP IKt NEW RESTROOM
ITA P NEW PARKING IS'PICNIC SHELTER
E%I STING WATEREI-EG SW PRESERVED FORESTED AREA it BOTTLE FILLING STATION
NATURE TRAILS PRIVATE PROPERTYHIKING WILDLIFE O
-I..PATHS CITY RIGHTOF WAY SEPG MOUNTAIN BIKING `�
MOUNTAIN BIKING TRAILS EXISTING FI ELDS SMALL BOAT LAUNCH OBSERVATION z
BM%TRAILS TRAIL CROSSING(NON-VEMICULAR) FISHING AREAS ITA PLAN
WETLAND BOARDWALK ® CRO ROAD SSING 16 WILDLIFE VIEWING AREA �1. •D
ATE 12
- NEW ROADS S PARKING CULVERT OR BRIDGE
i TREE PLANTING AREAS
2 CHAMPIONSHIP �t`4
18 HOLE "
DISC GOLF .
Z COURSEAo
• • • • • •
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UPGRADED • • ' • • •
z viz
CHAMPIONSHIP SYNTHETIC
BMX TRACK/TRAILS FIELDS + r •
& PUMP TRACK
RESTROOM � Z • • • • . ' • • • • • ' •
BMX TRACKS �G 2
'BASEBALL/ • • • •
F D P M SOFTBALL
FIELDS � .'" • • • • •
�Es RESTROOM
NATURE
TRAILS ❑ _ ES-
R PKINCE55 ANNE
FORESTED BMX� `"`� r `'� • • • • • • • •
TRAILS ^
5EpO p E SEMENT
vEP� PHASE 1
5K PRACTICE CROSS CONNECTION TO
COUNTRY COURSE PRESERVATION
AREA
D S T D W
Athletic Village West Renderings
zl.
�4 R1wi
Proposed bike path, ditch crossing and 5K practice
course at PAAC
s
4 d�
v
w
,
n _k
Proposed two additional baseball/softball fields at PAAC with championship BMX
facility, SK practice course and other trails
Proposed parking and entrance into new
baseball/softball fields at PAAC
vleclNwOeACR CHAMPIONSHIP
FIELDHOU5E PICKLE BALL , •
P FACILITY
8 COVERED COURTS
VIMINItA OCACH CLUBHOUSE AND / •
SPORfSmPLExE%
CHAMPIONSHIP COURTS
21 OUTDOOR COURTS
,` � • • • � • • •
AGfICE
�ACII CHAMPIONSHIP BASEBALL
I?
FIEL�JS `��``� 1�4 � FACILITY _
MAINTENANCE BUILDING&RESTROOM • • • • • • • • • • •
FIELP ND'KEY h. 6 LITTLE LEAGUE FIELDS
FIELnS �° ✓ 6 FULL-SIZE SYNTHETIC FIELDS
y yy j� CONCESSIONS&RESTROOM •
o kll }�
r
COLLEGIATE LEVEL •
CROSS COUNTRY
i
COURSES •
RAISED MOUNDS
-RESTROOM • • • • • • • • • • • • •
STARTING LINE/SPECTATOR AREA
MAINTENANCE BUILDING
t,
exlsn Fo LeAS FA � . • • • . • •
FARM
\\ exl5nNG�A I?
FARZ
Athletic Village East Renderings
WW�W-
W
71
h. S,
-
Proposed cross country trail n y around the
winding'n
baseball complex
w r.
n � ,
Proposed twelve field championship baseball complex, collegiate level cross country
course to accommodate many course lengths with shared parking and amenities
Proposed cross country course with elevation
changes behind baseball complex
Preservation/ Passive Recreation South Part 1
• Site Data
• 450 Acres (north of Salem Road) �w
• Proposed improvements t, {
• Parking and supporting infrastructure
(restroom, shelters, etc.) off Salem .
�.. Road
Separated mountain bike and nature
trails
• Connection to athletic village .
Indian River Park
• Preservation, conservation and
enhancement of existing tree canopy
ITA PLAN UPDATE 17 VB
Preservation/Passive Recreation South Part 2
Site Data
• 680 Acres (south of Salem Road)
• Proposed improvements
rW Water access off Indian River Road
I ,y
•
Separated mountain bike and
nature trails
Elevated boardwalk trails through '
,_. wetlands x
Preservation, conservation and
enhancement of existing tree
canopy
ITA PLAN UPDATE 18 vs
Connectivity and Tree Planting
w
• Trail goals
• Paved trails (4 miles)
• Soft trails (32 miles):
j
1. ` 4 ..
• Walking or running — 9 miles t
• Disc golf — 1 mile
• Cross country — 10 miles
• BMX - 3 miles '
• Mountain bike — 9 miles ' "'
• Tree preservation and planting goals
• Provide an additional 20 acres of new
tree canopy
• Tree preservation of over 90%
• Live oak grove 100% preserved
.
• Any trees removed will be mitigated on
site ITA PLAN UPDATE 19 VB
OF AR V Ak
4 PAAC turf field $8,500,000 Pickleball facility $18,000,000 Parking and $2,500,000 Water access $2,000,000
upgrades restroom
2 new PAAC $10,500,000 Baseball facility $49,500,000 Soft trails $3,300,000 Soft trails and $22,000,000
baseball/softball boardwalks
fields
5K cross country $500,000 Cross country $6,000,000 Design $580,000 Design $2,400,000
practice course facility
BMX facilities $12,000,000 I Access road $8,000,000 I I
Disc golf facility $1,500,000 I Other trails $1,500,000 I I
Other trails $800,000 I Design $8,300,000 I '
Design $3,500,000
• • 1 1 1 1 1 • • 1 1 oil • • : 1 off • • 1 1 1 1 1
Funding Consideration
• Assuming the full $161 million were to be bond financed, the estimated annual debt
service payment will be around $16 million annually (not including annual operating
and maintenance cost).
• If desire is to utilize dedication capacity, annual support of this level would necessitate
the redirection of not just dedication capacity above known obligations, but potentially
scaling back.
• For context, annual debt exceeds or is nearly 100% of following FY 2024-25 budgeted
dedications:
• Tourism Advertisement Program- $19 million
• Open Space- $7.8 million
• Agriculture Reserve Program- $7.1 million
• Outdoor Initiative- $3.7 million
ITA PLAN UPDATE 1 21
Future Ope ratio ns Ma i ntena nce
• Ongoing General Fund expenses as buildout of facilities
expand for:
• Disc golf, cross country, trails, PAAC and entire
preservation/passive recreation areas 1 and 2
• Minimal or no maintenance for (privately operated
facilities): rip `
BMX facility, baseball complex, and pickleball facility
• Estimated operations/maintenance cost upon full
y• 1. 'Rkl .
1
buildout is $900K/yr. which includes: Mead n e'nt"AreaY
• Three restrooms, cross country, PAAC baseball fields, disc golf
course and preservation area trail head
• Different trail types, and boardwalk costs were developed on a
per mile cost to maintain (36 miles)
ITA PLAN UPDATE 22 VII
M
Sports Tourism ( Baseball
• Baseball facility:
Victus study completed with financial and economic feasibility
--- .;
• Potential usage depends on operating model and type of fields 6 �7 "" -
abethtown Sports Park Kentucky"`
Exclusive Operator Model: Non-Exclusive Operator Model:
• Features: 12 turf baseball fields with lights, adaptable for both • Features: 9 turf baseball fields with lights, adaptable for both
youth baseball and adult baseball youth baseball and adult baseball
• The complex would also feature portable mounds and adjustable • The complex would also feature portable mounds and adjustable
fencing to adapt to various age groups. fencing to adapt to various age groups
• Usage: The operator would run its own programming including • Usage: A mix of local weekday use and weekend tournament
camps, showcases, and tournaments, with a heavy emphasis on usage for baseball groups
destination events • The operator would primarily rent out the facility to local,
• 2-Day & 3-Day Tournaments— estimated 20 such tournaments regional, and national baseball event organizers
per year, occurring in the fall, summer, and spring • Estimated 20 annual tournaments, primarily on the weekends or
• Week-Long Tournaments —estimated eight (8) standard week- during holidays
long tournaments during the summer
• Spring Training—estimated that spring training camps for high
school and collegiate teams will be held each year in the spring ITAPLANUPDATE Z3 `/
Sports Tourism ( BMX and Pickleball )
• BMX facility:
• Venue requirements: Approximately two-thirds of the 30 national
events are hosted at USA BMX sanctioned tracks, while the rest are r�•.
hosted in arenas, civic centers, expo halls and equestrian arenas.
Seating for at least 1,500 and preferably for 3,000; night lighting
• USA BMX :r ,
• UCI (Union Cycliste Internationale) BMX
• Estimated number of participants: 800-2,000 Rock Hill South Carolin
• Pickleball facility:
• Venue requirements: Events are held over seven days, at least 30
pickleball courts and one "center court" with seating for 2,000, locker _ ,�0 ` ,
rooms, restrooms, pro player lounge, referee lounge and media
room, internet and vendor and sponsor area
• P PA
• USAPA Daytona Beach Florida Pickleball
• Estimated number of participants: 1,000-1,500 ITA PLAN UPDATE 1 24
Sports Tourism Disc Golf and Cross Country)
• Disc golf facility: �p a
4 f +r y
• In 2023, there were over 10,480 competitive events for professional and . n ±
amateur players with six national and/or world championship events ,
• Venue requirements: At least one 18-hole championship-caliber course,
ability to create two 9-hole loops, parking for 500 cars, satellite competition
venues, additional meeting venues and a vendor marketplace
• PDGA
• Estimated number of participants: 300-800 �TM
• Cross country facility:
• Could be the home venue for local colleges and high schools and host other
meets and races �5-��.t _.�USE--
• gym
� sn•..-„..e�rxrsx �•�:�_ .:�N,
Other running and walking events at the oceanfront (which require road
closures) could be transferred to this facility
......
• Venue requirements: Flexibility for running varying distances, 350' wide Irk$ `
starting line, and other supporting infrastructure (restrooms, parking, tents,
etc.) , f
• NCAA
USA Track & Field University of Iowa Cross Country
• ITA PLAN UPDATE 1 25 Ma
• Estimated number of participants: 500-650
ri
Ecotourism
7 �t
• Mountain bike trails: °` -
, •' A `
• Miles of mountain bike trails with various levels of
difficulty become attractive to out of town visitors and
their families.
• Soft trails:
• Miles of soft trails become the accessways to experience Cake Lcvson/tpke Smith
Ma' s w►ew ark'
nature and the purposeful preservation of an
environmentally sensitive area special to Virginia Beach
• Water trails: Y
• Multiple water access points along the North LandingM
River create an amazingopportunity for visitors to
p p Y
spend extra day or two exploring on the water (ITA,
.R
future North Lancing Park, Pungo Ferry Landing Park, = —
Munden Point Park)
f
ITA PLAN UPDATE 26 V�
Plan Implementation
• Short term/low cost
• Plant trees on fringes of Athletic Village West where they will not conflict with future development (including
disc golf/possibly construct course)
• Design and construct 5K practice course at PAAC
• Activate and maintain additional "ad hoc" temporary cross-country trails at Athletic Village East
• Conduct an economic/feasibility study on all sports tourism and ecotourism aspects of the master plan (and
other potential sports; lacrosse, rugby, cricket, etc.)
• Medium term/moderate cost
• Design and construct master plan "infrastructure" (access road with trail, minimal parking, and combined
stormwater facilities)
• Entertain partnerships and proposals from the private sector that align with the master plan and/or issue
RFP for select amenities (baseball, BMX, pickleball)
• Design preservation area(s), PAAC amenities, and cross country
• Long term/higher cost
• Build preservation area(s), PAAC amenities, and cross country
• Build out rest of plan; trails and additional tree canopy
Master plan is a guide and is intended to be flexible for the build out of
active and passive recreation needs ITA PLAN UPDATE 1 27 116
Next Steps/Considerations
• CIP retreat and FY26 budget discussion topic
• Conduct a feasibility study/economic impact study
• Public comment and feedback
• Consideration for small incremental steps toward plan implementation (short
term, medium term, long term, etc.)
, y
n
_ oINT
fro oS ntr Co h unei -
°° �� 7 ITA PLAN UPDATE Z8
• • • •
r
- r ,
r�
e11 IVt.
74,
- i
w �M1
w `
w
5
CITY COUNCILS BRIEFINGS
2025 DRAFT LEGISLATIVE AGENDA
ITEM#76201
3:35 P.M.
Mayor Dyer welcomed Brent McKenzie, Legislative Affairs Director. Mr. McKenzie expressed his
appreciation to City Council for their continued support and distributed copies of the presentation,attached
hereto and made a part of the record. Mr.McKenzie noted a correction to the Legislative Agenda Timeline
concerning the Public Hearing advertised for October 15, 2023, the ad will be corrected to reflect the
Public Hearing will be held on October 15, 2024 and will run a second time. Mr. McKenzie apologized
for the error and will schedule an additional Public Hearing on November 12, 2024, to ensure the public
has an opportunity to provide input.
Mayor Dyer expressed his appreciation to Mr.McKenzie for the presentation.
October 1, 2024
1
e
The CityVirginiaof Beach
Draft General Assembly Legislative Agenda
October 1 2024
CITY OF
VIRGINIA
BEACH
Today's Presentation
1. Today's ask
2. Legislative Agenda timeline
3. 2025 General Assembly session background information
4. Policy Priorities
5. City Charter Amendments
6. Virginia Code Amendments
7. Budget requests
8. General Assembly Reception
9. Questions and Guidance moving forward
V
Guidance
At the conclusion of today's presentation, we are looking for:
1. Any initial guidance on issues that should be added/changed/removed
2. Guidance on moving forward with a legislative reception on the
proposed date
Legislative Agenda Planning
In September of 2023, Council adopted a policy regarding the process and
adoption requirements for the City's Legislative Agenda.
• A legislative agenda item for the draft legislative agenda may be proposed in
one of three manners:
1. Proposed by the Mayor
2. Proposed by at least three members of the City Council
3. Proposed by a City Department and approved by the City Manager
• Legislative Agenda items require 2/3s majority for approval
• Charter amendments to the legislative agenda requires 3/4s majority for
approval
v�
0 0
Timeline
October 1 Present Draft Legislative Agenda
October 15 Public Hearings for Legislative Agenda and potential City Charter Amendment
October 22 Council provides feedback based on public input as to what they would like to
see in the final agenda
November 5 Election Day (No council meeting)
November 12 Legislative Agenda is brought to Council for adoption
November — December Legislative Agenda is communicated to Virginia Beach Delegation and bill
patrons are requested
2025 General Assembly Session
• Session begins on January 811
CURRENT MAJORITY
• Per the Virginia Constitution, odd year
sessions run for up to 45 days (aka a "short
51
session") House
49
• "Non-Budget year"
• Will amend existing budget
• Governor will introduce amendments to the 19
budget in December Senate
• 2025 is an election year! 21
• All three state-wide offices up for election
• All 100 members of the House of Delegates va
Policy Priorities
Affordable Housing
The City of Virginia Beach seeks to address the growing need for affordable housing with
the goal to ensure that all residents have access to safe, high quality, and affordable
housing and to promote inclusive and diverse communities.
• Because every locality has its unique challenges, the City of Virginia Beach encourages
the General Assembly to provide funding, incentives, and policy flexibility to allow
localities to tailor solutions that will fit their communities while maintaining the ability to
control land use decisions at the local level.
• The City of Virginia Beach supports the renewal of the Virginia Housing Opportunity Tax
Credit that is set to expire in December of 2025 and an increase in the annual cap from
$60 million to $100 million.
• The City of Virginia Beach supports the passage of a Constitutional Amendment that
gives localities, at their discretion, the authority to create tax abatement programs to
support affordable housing projects.
Economic Development
The City of Virginia Beach aims to implement a dynamic and forward-thinking economic
development strategy designed to foster sustainable growth, enhance economic
diversification, and promote innovation.
• The City of Virginia Beach encourages the General Assembly to support local and
regional efforts to attract and retain talent that will support the growing workforce
needs of Hampton Roads.
• The City of Virginia Beach encourages the General Assembly to support initiatives that
provide funding, incentives, and policy flexibility that aligns with the City's economic
growth strategy for redevelopment and revitalization, including additional funding for
the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund.
• The City of Virginia Beach requests support from the General Assembly to increase
access to affordable childcare.
fiw"AM�
Education
The City of Virginia Beach seeks to support the Virginia Beach School Board's efforts to
enhance educational resources, teacher support, and student development to foster a
robust educational environment and prepare students for future success.
• The City of Virginia Beach encourages the General Assembly to implement reforms to
increase the Commonwealth's share of education funding as was identified in the
2024 JLARC study regarding Virginia's K-12 Funding Formula, including eliminating
staffing caps and addressing compensation gaps for teachers and support staff.
• The City of Virginia Beach supports efforts by the General Assembly to provide
additional funding to support school construction. As construction costs continue to
increase, it is critical that localities have support from the Commonwealth to continue
to modernize our school facilities.
Energy
The City of Virginia Beach seeks to establish a forward-looking multi-pronged energy
policy designed to enhance energy sustainability, reliability, and resilience. This policy
aims to integrate renewable energy sources, improve energy efficiency, and prepare for
future energy demands while reducing the city's carbon footprint.
• The City of Virginia Beach supports efforts by the General Assembly to reduce the cost
and administration of renewable energy interconnectivity at municipal facilities.
• While the City of Virginia Beach supports the Commonwealth's goals to increase the
use of clean energy, it is critical to recognize the potential impact utility scale energy
projects have on communities and localities. Because of these potential impacts, the
City of Virginia Beach encourages the General Assembly to continue to support the
authority of localities to regulate the siting and development of energy facilities.
Fiscal Responsibility and Budget Impacts
The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts in a
responsible manner that effectively meets essential services and community needs.
• The City of Virginia Beach requests that the General Assembly refrain from capping, removing, or
restricting local government revenue sources without replacing the source with a sustainable
revenue source of equal rate.
• The City of Virginia Beach requests that the General Assembly refrain from creating additional
unfunded mandates. City staff have identified more than 75 mandates from the state and federal
governments that have created an unfunded burden of more than $125 million annually.
• The City of Virginia Beach requests that the Commonwealth provide financial support to fill the
gaps created by the Commonwealth for the Veterans 100% disabled tax relief program.
• The City of Virginia Beach requests that the General Assembly provide local government essential
taxing and regulatory authority, as they create new revenue streams for Commonwealth.
Flooding and Stormwater
The City of Virginia Beach aims to improve resilience to flooding, enhance stormwater
infrastructure, and promote sustainable practices to mitigate the impacts of extreme weather
events and climate change.
• The City of Virginia Beach requests that the Commonwealth develop a state funding program to
support the non-federal match requirements of localities for federal grants that support large-
scale flood relief projects. Multiple localities in the Hampton Roads region will soon join the City
of Norfolk with a completed U.S. Army Corps (USACE) Coastal Storm Risk Management (CSRM)
study and with tens of millions of dollars in obligated matching funds to implement the coastal
resilience solutions that are developed by the studies.
• The City of Virginia Beach supports continued investment in the Storm Water Local Assistance
Fund (SLAF) for improvements and installation of effective storm water management controls.
• The City of Virginia Beach supports increased funding for the Community Flood Preparedness
Fund and requests that the fund provide funding through grants rather than loan programs. va
land Use
The City of Virginia Beach aims to utilize a comprehensive land use and development
strategy to guide sustainable growth, optimize land utilization, and enhance the quality of
life for its residents.
• The City of Virginia Beach requests that the General Assembly refrain from passing
legislation that would reduce or eliminate the authority of the Commonwealth's
localities from making their own land use decisions.
• The City of Virginia Beach supports preserving local authority to regulate short term
rentals and to enhance enforcement of those regulations.
Public Safety
The City of Virginia Beach seeks to ensure a safe and healthy community for residents and
visitors through proactive measures, enhanced technology, and increased resources.
• The City of Virginia Beach requests that the General Assembly prioritize increased
dedicated funding to police, fire, and emergency medical services.
• The City of Virginia Beach requests that the General Assembly preserve existing local
authority to implement public safety technology and support expanding local authority
to install speed enforcement cameras beyond school and construction zones.
• The City of Virginia Beach supports Commonwealth-wide efforts to provide annual
cancer screenings for career and volunteer fire fighters.
Transportation
The City of Virginia Beach seeks to enhance mobility, reduce congestion, and improve sustainability of
transportation infrastructure through modernizing road networks, supporting public transit and multi-modal
options, and ensuring safety and accessibility for all users.
• The City of Virginia Beach supports efforts to improve sustainability in transportation infrastructure
projects.
• The City of Virginia Beach supports efforts to continue to improve highway and secondary roadway
infrastructure throughout Hampton Roads.
• The City of Virginia Beach supports efforts by Hampton Roads Transit to protect and enhance transit
programs and funding including appropriate essential, consistent funding to meet HRT's capital and
operating needs, including innovative transit options such as micro-transit.
• The City of Virginia Beach supports General Assembly efforts to continue investing in trail projects with a
request that the Virginia Beach Trail be considered for any future funding opportunities.
• The City of Virginia Beach supports efforts by the General Assembly to protect vulnerable road users,
including pedestrians and cyclists.
VB
City Charter Amendment
Single Member Voting Districts
Request that the General Assembly amend the City
Charter to adopt the City's ten single-member district
system
vs
Virginia o e Amendments
Single Member Voting Districts General Law
Requests that section § 15.2-1400 of the Code of
Virginia be amended to reflect the City's ten single-
member district system
■
vs
F
"Good Friday" First Fund
Request that the General
Assembly create and fund the
"Good Friday" First RespondersFund
tl
t
c I
VB
ABC Store Larcenies
Request that the General �
Assembly grant ABC Bureau of
Law Enforcement authority to act
as the primary law enforcement �-
agency for reporting purposes.
w
c
*r
Fire Programs Fund Aid to Localities
Request that the General
Assembly increase the annual
assessment levied on businesses
that sell fire insurance premiums
from the amount of one percents
of the total direct gross premiumDE
= `
income for such insurance to one
and a half percent.
vs
Property Title Report in Eminent Domain
Proceedings
Request that the General G�
Assembly make a minor E` IN
T1TL ilk
modification to Va . Code Section L? p�
25. 1-204( D)(iii) that will clarify
S�
that the documents to be r J
Key
provided to the landowner should
be those listed in the title report. ` r
"4tS
VB
Resolutions
Zero Waste Awareness Week
Request that the General t
Assembly designate the first full
week of September as Zero Waste :
Awareness Week
VB CLEAN COMMUNITY COMMISSION .
ZERO WASTE
AWARENESS WEEK
SEPTEMBER 1-7, 2024
REDUCE. REUSE. RETHINK.
Waste
V Management
VB
Budget men ments
Commonwealth Individual Assistance ( IA) Program
Study
Support Virginia Department of
Emergency Management proposal � � •
to fund a study that will
determine the feasibility of
creating a Commonwealth
Individual Assistance program •
that includes temporary housing,
housing repair and rebuild,
rebuild of private roads and
bridges, and other needs.
44
Virginia Aquarium & Marine Science Center
Request $10 million to support
the renovation/expansion of the
aging infrastructure at the Virginia
Aquarium & Marine Science �- l
Center. The Virginia Aquarium .
would utilize funds from the
Commonwealth in their overall ` 'r
strategy in seeking funds through
AM
the Federal Government along j
with City and private funding.
m
vs
Legislative Reception
lvi�
Legislative Reception Proposal
• Recommendation :
1. Open reception in the evening
2. Here at City Hall
3. Targeting November 215t
4. Goal is to continue to strengthen relationships between City Council and
General Assembly delegation and to communicate legislative agenda
items
v
Guidance and Questions
1. Any initial questions and guidance on issues that should be
added/changed/removed?
2. Guidance on moving forward with a legislative reception on the
proposed date
CITY OF . BEACH ,
Legislat*ive Agenda
Alk
GENERAL ASSEMBLY
r' x
ttl ftl.fi !tt ttl tt i i t! tit itt It F � yy+�""9► �Ir�11Mh�
.. ■■ too ■■
R,
111
lei
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Al
t
•
.i
Proposed Version — October 2024
3
Table of Contents
POLICY PRIORITIES 3
Affordable Housing 3
Economic Development 3
Education 4
Energy 4
Fiscal Responsibility and Budget Impacts 5
Flooding and Stormwater 5
Land Use 6
Public Safety 6
Transportation 7
CITY CHARTER AMENDMENTS 8
Ten Single-Member Election System Adopted by City Council 8
VIRGINIA CODE AMENDMENTS 12
Amend Code to Reflect Election System Adopted by Council 12
"Good Friday" First Responders Fund 14
ABC Store Larcenies 15
Increase the Fire Programs Fund 16
Property Title Report in Eminent Domain Proceedings 17
RESOLUTION 18
Zero Waste Awareness Week 18
STATE BUDGET REQUESTS 19
Commonwealth Individual Assistance(IA) Program Study 19
Virginia Aquarium &Marine Science Center Renovation/Expansion 20
2
s y
•il.��` POLICY PRIORITIES
Affordable Housing
The City of Virginia Beach seeks to address the growing need for affordable housing with
the goal to ensure that all residents have access to safe, high quality, and affordable housing
and to promote inclusive and diverse communities.
• Because every locality has its unique challenges, the City of Virginia Beach
encourages the General Assembly to provide funding, incentives, and policy
flexibility to allow localities to tailor solutions that will fit their communities while
maintaining the ability to control land use decisions at the local level.
• The City of Virginia Beach supports the renewal of the Virginia Housing
Opportunity Tax Credit that is set to expire in December of 2025 and an increase in
the annual cap from $60 million to $100 million.
• The City of Virginia Beach supports the passage of a Constitutional Amendment that
gives localities, at their discretion, the authority to create tax abatement programs to
support affordable housing projects.
Economic Development
The City of Virginia Beach aims to implement a dynamic and forward-thinking economic
development strategy designed to foster sustainable growth, enhance economic
diversification, and promote innovation.
• The City of Virginia Beach encourages the General Assembly to support local and
regional efforts to attract and retain talent that will support the growing workforce
needs of Hampton Roads.
• The City of Virginia Beach encourages the General Assembly to support initiatives
that provide funding, incentives, and policy flexibility that aligns with the City's
economic growth strategy for redevelopment and revitalization, including additional
funding for the Virginia Brownfields Restoration and Economic Redevelopment
Assistance Fund.
• The City of Virginia Beach requests support from the General Assembly to increase
access to affordable childcare.
3
Y
POLICY PRIORITIES
Education
The City of Virginia Beach seeks to support the Virginia Beach School Board's efforts to
enhance educational resources, teacher support, and student development to foster a robust
educational environment and prepare students for future success.
• The City of Virginia Beach encourages the General Assembly to implement reforms
to increase the Commonwealth's share of education funding as was identified in the
2024 MARC study regarding Virginia's K-12 Funding Formula, including
eliminating staffing caps and addressing compensation gaps for teachers and support
staff.
• The City of Virginia Beach supports efforts by the General Assembly to provide
additional funding to support school construction. As construction costs continue to
increase, it is critical that localities have support from the Commonwealth to
continue to modernize our school facilities.
Energy
The City of Virginia Beach seeks to establish a forward-looking multi-pronged energy policy
designed to enhance energy sustainability, reliability, and resilience. This policy aims to
integrate renewable energy sources, improve energy efficiency, and prepare for future energy
demands while reducing the city's carbon footprint.
• The City of Virginia Beach supports efforts by the General Assembly to reduce the
cost and administration of renewable energy interconnectivity at municipal facilities.
• While the City of Virginia Beach supports the Commonwealth's goals to increase the
use of clean energy, it is critical to recognize the potential impact utility scale energy
projects have on communities and localities. Because of these potential impacts, the
City of Virginia Beach encourages the General Assembly to continue to support the
authority of localities to regulate the siting and development of energy facilities.
4
POLICY PRIORITIES
Fiscal Responsibility and Budget Impacts
The City of Virginia Beach seeks to address fiscal challenges and annual budgetary impacts
in a responsible manner that effectively meets essential services and community needs.
• The City of Virginia Beach requests that the General Assembly refrain from capping,
removing, or restricting local government revenue sources without replacing the
source with a sustainable revenue source of equal rate.
• The City of Virginia Beach requests that the General Assembly refrain from creating
additional unfunded mandates. City staff have identified more than 75 mandates
from the state and federal governments that have created an unfunded burden of
more than $125 million annually.
• The City of Virginia Beach requests that the Commonwealth provide financial
support to fill the gaps created by the Commonwealth for the Veterans 100% disabled
tax relief program.
• The City of Virginia Beach requests that the General Assembly provide local
government essential taxing and regulatory authority, as they create new revenue
streams for Commonwealth.
Flooding and Stormwater
The City of Virginia Beach aims to improve resilience to flooding, enhance stormwater
infrastructure, and promote sustainable practices to mitigate the impacts of extreme weather
events and climate change.
• The City of Virginia Beach requests that the Commonwealth develop a state funding
program to support the non-federal match requirements of localities for federal grants
that support large-scale flood relief projects. Multiple localities in the Hampton
Roads region will soon join the City of Norfolk with a completed U.S. Army Corps
(USACE) Coastal Storm Risk Management(CSRM) study and with tens of millions
of dollars in obligated matching funds to implement the coastal resilience solutions
that are developed by the studies.
• The City of Virginia Beach supports continued investment in the Storm Water Local
Assistance Fund(SLAF) for improvements and installation of effective storm water
management controls.
• The City of Virginia Beach supports increased funding for the Community Flood
Preparedness Fund and requests that the fund provide funding through grants rather
than loan programs.
5
L
v �
*� 7
�. ' POLICY PRIORITIES
Land Use
The City of Virginia Beach aims to utilize a comprehensive land use and development
strategy to guide sustainable growth, optimize land utilization, and enhance the quality of
life for its residents.
• The City of Virginia Beach requests that the General Assembly refrain from passing
legislation that would reduce or eliminate the authority of the Commonwealth's
localities from making their own land use decisions.
• The City of Virginia Beach supports preserving local authority to regulate short term
rentals and to enhance enforcement of those regulations.
Public Safety
The City of Virginia Beach seeks to ensure a safe and healthy community for residents and
visitors through proactive measures, enhanced technology, and increased resources.
• The City of Virginia Beach requests that the General Assembly prioritize increased
dedicated funding to police, fire, and emergency medical services.
• The City of Virginia Beach requests that the General Assembly preserve existing
local authority to implement public safety technology and support expanding local
authority to install speed enforcement cameras beyond school and construction
zones.
• The City of Virginia Beach supports Commonwealth-wide efforts to provide annual
cancer screenings for career and volunteer fire fighters.
6
POLICY PRIORITIES
Transportation
The City of Virginia Beach seeks to enhance mobility, reduce congestion, and improve
sustainability of transportation infrastructure through modernizing road networks,
supporting public transit and multi-modal options, and ensuring safety and accessibility for
all users.
• The City of Virginia Beach supports efforts to improve sustainability in
transportation infrastructure projects.
• The City of Virginia Beach supports efforts to continue to improve highway and
secondary roadway infrastructure throughout Hampton Roads.
• The City of Virginia Beach supports efforts by Hampton Roads Transit to protect
and enhance transit programs and funding including appropriate essential, consistent
funding to meet HRT's capital and operating needs, including innovative transit
options such as micro-transit.
• The City of Virginia Beach supports General Assembly efforts to continue investing
in trail projects with a request that the Virginia Beach Trail be considered for any
future funding opportunities.
• The City of Virginia Beach supports efforts by the General Assembly to protect
vulnerable road users, including pedestrians and cyclists.
7
N�
CHARTER AMENDMENT
Ten Single-Member Election System Adopted by City Council
Background:
The United States District Court for the Eastern District of Virginia ("the District Court")
previously ruled that the city's 7:3:1 election system as set forth in the City Charter does not
comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the
voting strength of minority voting groups. This ruling was later vacated on appeal by the
United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground
that it was rendered moot by an intervening amendment to state law. That amendment
changed the seven residence districts previously elected at large under the City's Charter to
single-member districts whose representative was elected by only the residents of those
districts. Although the District Court's judgment was vacated, the case was remanded to
that court for further proceedings. Subsequently, the District Court has indicated that any
system other than the 10:1 system with three (3)Minority Opportunity Districts would
likely be found to violate Section 2 of the Voting Rights Act.
On January 14, 2022, while the District Court's order was still in effect, the City obtained
preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney
General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November
2022 and 2024 City Council elections.
In 2023, the City Council undertook a public input initiative that included duly noticed,
public education and listening sessions in each of the ten districts. Two virtual listening
sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for
Public Service at the University of Virginia to conduct a statistically validated public
opinion survey within the city, which showed 81% support for a 10:1 system.
On August 15, 2023, the City Council adopted its decennial redistricting ordinance. This
ordinance uses the same 10-1 system and district boundaries that were previously ordered by
the District Court. Additionally, the decennial redistricting ordinance uses the same
schedule of elections that was recommended by the Special Master. It is desirable for the
City Charter to reflect the decennial redistricting ordinance, and this request does that.
8
Request:
City Council requests that the General Assembly amend the City Charter to adopt the ten
single-member district system used in the 2022 and 2024 elections and adopted by the City
Council in its decennial redistricting ordinance.
PROPOSED CHARTER UPDATE
Sec. 3.01. Division of city into districts.
A. The city shall be divided into ten single-member election reeve., residence districts of
approximately equal population which shall be numbered one through ten seve. The
council shall consist of eleven members, the mayor elected at large and iflehiding the
mayor;one member to be elected by and from each of the ten single-member election
districts. the e;ty t large tre« the-residents effe.,eb, ef'the seven distr;etn and tb,ree
members an the mayor to be eleete.f b y an from the e;ty t large
iiV 111 V1.1J ullu
B. The boundaries and names of such districts shall be established by ordinance error
before March SFr, and thereafter the boundaries shall be adjusted periodically as
may be necessary to ensure that the populations of the districts remain approximately
equal.
e;1 b, 11 T 1 1996 petition P-f�t�-E��ca�zia�ne-�crt�2ur �icirruur` , , ccrt36irthe eac c=it Eeurt t6 Order
an advisery referendum to be heldwhether e„ the questio eF the b,i,, �7,,
elected trem eaeh distriet shaJ4 be elec4ed by the qualified voters of that distriet rather
t large. The wording ofthe questio nb•n=T�'IiaJ4 be determined by ImZ1Aaj or'S1T�--rptCG�ftC'I 1,
e;ty a e;1 an nb,a be ; eha e.f i the petition. Upon the fling ef'tb.e pet:t:e., tl.e
\.11� \.V Klll.11 K111.L JI ,
ealeKlt a v„rt shallu order-that-ai ,dyisery refere, f, m be held on the in tb.e
.,t the r.. „n1 eleet;ens to be held May 1996
Sec. 3.01:1. Implementation of districts.
A. At the November 2026 May 1996 general election, the twee-members representing
district 2. district 4, district 6. district 8. district 9, and district 10 shall be elected_byte
edge from the residents of the Blaekwater, Princess Anne, and Virginiaueae
beraughs as-sueh bereughs existed en januaFy 1, 1995. The terms of the members so
elected shall commence January 1. 2027 and expire on December 31, 2030. Agy--,
1998 The terms of'tb.e mayor „,f e;l.ti.e.�.b,er eleete,f b...an f:.e,,., the t, t large
1 i iV. 1111� 1..I 111J VI lIl\.
B. At the November 2028 general election.,in , the members representing
district 1, district 3, district 5, district 7. and the mayor shall be elected_at large fFem
µ1JtrIe numbered one trough duough three sha4l be elected for torms of two years f the
members eleaed at large trern distrias numbered four thfeugh seven sha4l be eleL4ed
e terms of four years. The terms of the members so elected shall commence January
9
1, 2029 and expire on December 31. 2032.-,l\.^ eleL4ed by an �^m
the-eity at-large-in May of 1998 shag expife-on d ly1,2002. Thereafter--,
C. All members shall be elected for terms of four years.
Sec. 3.02:1. Election of councilmembers.
Pursuant to an-ordinance-adopted city eennEi} An June 27, 2006, City council
regular elections shall take place at November general elections. dur-ng the general elect ^H
111November- , and during the e even
e years ,
fe
couneil members whose tefms expire at the end of Pecember-of that year. Geoneil
members, i}eludingthemayor-, whose teFms expire as of june 30, 2008, or- u e 30, 2010,
januar-y 1 next following the date of eleetion and sha4l centiatie until his sueeesser-has b
duly elee4ed and qualified. Each candidate shall state, at the time of filing, whether he is
running at large, from the district of his residence or for mayor. Candidates for council shall
be nominated only by petition in the manner prescribed by general law.
Sec. 3.02:2. Election of mayor.
The mayor shall be elected at the general election in November 2008, and each fourth
year thereafter, to serve for a term of four years. Candidates for mayor shall run fer-ene ef
the-at-large seats. A candidate running for mayor shall not run for any other seat.
In the event any councilman member, including the mayor, shall decide during his
term of office to be a candidate for mayor, he shall tender his resignation as a councilran
member not less than ten days prior to the date for the filing of petitions as required by
general law. Such resignation shall be effective on December 31, shall constitute the
counciln%ars member's intention to run for mayor, shall require no formal acceptance by
the remaining councilnwn members and shall be final and irrevocable when tendered.
In the event the mayor shall decide during his term of office to be a candidate for one of
the single-member election districts, he shall tender his resignation as mayor not less than
ten days prior to the date for the filing of petitions as required by general law. Such
resignation shall be effective on December 31, shall constitute the mayor's intention to run
for one of the single-member election districts, shall require no formal acceptance by the
remaining council members and shall be final and irrevocable when tendered.
The unexpired portion of the term of any council member who has resigned to run for
mayor or mayor who has resigned to run for one of the single-member election districts shall
be filled at the same general election.
Sec. 3.02:3. Reserved. .
(a) in the event that any eatinei4 member-fiem one of t4e fesidenee distr-iL4s shag decide
to
tender-his r- a eouneil member net less than 10 days pner-te t4hiQ d;#p fAF
the filing of -e"4ed by general law. Such r-esignatien shal4 be e&etive on
1 b f to tie to F:„-the t l
eE f E6i�StEL�3(iE9ciiicmixcnzvci-siirccncivrrcvrTciirzvrcn�-uc-ncrgc
seat, il f
and sha4l
b final and-iffe eeable when tendered. The tinexpifed peftion of the teffn of any
eounei4 fnember-who has resigned to ma fer an at large seat shall be fil4ed at the safne
«a oleetio r by a eleetio if the at i�r�.e � �r:� r,be �11e.i by s -a1
��aia�,.a�.aa a.a�.�.uvaaf va v' .�"�
(b)
seat,
sha44 tender his resignation as a eeunei4 fnember not less than 10 days prior-to the da4e
fer-the filing of petitiens as required by genefa4 law. Sueh fesignation shall be effeetive
f shall constitute the couneil fnember-s •
f
seat, ntentien to fun for-the
fnember-sf
and shag be final and ii+evecable when teadefed. The unexpif;ed peftien of tb.ew te«.4. .,f any . ei .w.o....ber t. e ,,,�1 who has r F,• si enee dirt .t' sea
r
uaa,
shall be f�4ed at the same general
f
11
uK,P
? 4Jw�fjj.
�f �iTJ
VIRGINIA CODE AMENDMENT
Amend Code fo Reflecf Election System Adopted by Council
Background:
The United States District Court for the Eastern District of Virginia("the District Court")
previously ruled that the city's 7:4 election system as set forth in the City Charter does not
comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the
voting strength of minority voting groups. This ruling was later vacated on appeal by the
United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground
that it was rendered moot by an intervening amendment to state law. That amendment
changed the seven residence districts previously elected at large under the City's Charter to
single member districts whose representative was elected by only the residents of those
districts. Although the District Court's judgment was vacated, the case was remanded to
that court for further proceedings. Subsequently, the District Court has indicated that any
system other than the 10:1 system with three (3) Minority Opportunity Districts would
likely be found to violate Section 2 of the Voting Rights Act.
On January 14, 2022, while the District Court's order was still in effect, the City obtained
preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney
General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November
2022 and 2024 City Council elections.
In 2023, the City Council undertook a public input initiative that included duly noticed,
public education and listening sessions in each of the ten districts. Two virtual listening
sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for
Public Service at the University of Virginia to conduct a statistically validated public
opinion survey within the city, which showed 8 1% support for a 10:1 system.
Request:
Because a change to a locality's Charter requires a two-thirds vote of the General Assembly
and a general law change to the Virginia Code requires a majority of the members of the
General Assembly, the City Council requests that a dual track be taken to updating the
City's election system to better ensure that a proper update is made ahead of the 2024
election cycle. The City Council requests that section § 15.2-1400 of the Code of Virginia be
amended, with language to supersede a local charter, to reflect the City's ten single-member
district system.
12
Proposed language:
Amend Virginia Code Section§ 15.2-1400. Governing Bodies.
G. Notwithstanding any other provision of law,general or special, the governing body of a locality that
has been subject to a court order imposing a remedial election system under either the federal Voting
Rights Act of 1965 or Chapter 1.1(§24.2-125 et seq.)of Title 24.2, even if such order is later vacated,
may adopt an ordinance to convert one or more at-large seats of such body to single-member districts,
provided that the governing body also adopts and implements the remedial election system contained in
the court order. Members of such governing body in office on the effective date of such ordinance shall
complete their terms of office.
13
a �
� VIRGINIA CODE AMENDMENT
"Good Friday" First Responders Fund
Background:
On Good Friday, April 6, 2012, a catastrophic event took place in Virginia Beach as a Navy
F/A-18 Hornet jet fighter crashed just moments after take-off from Naval Air Station
Oceana into the Mayfair Mews apartment complex, injuring seven. Hundreds of Virginia
Beach first responders and employees were quickly on the scene of what came to be known
as the Good Friday miracle as there were no fatalities from the event despite the apartment
complex housing more than 100 residents. During this event, City staff were likely exposed
to burning composite materials like carbon fibers and other toxins released from the burning
fuel, hydraulic fluids, aircraft fuselage, and damaged structures including known "forever
chemicals" including perfluorooctane sulfonic acid(PFOS) and aqueous film forming foam
(AFFF), called forever chemicals because these toxic materials do not leave your system.
Research suggests firefighters are at higher risk of certain types of cancers when compared to
the general population. Earlier this year, the City provided a voluntary Galleri Cancer
Screening, an advanced type of testing that screens for more than 50 types of cancers, where
538 sworn Fire employees were tested. The Galleri Cancer Screening was provided to the
Fire Department due to their heightened risk of developing occupational cancer and the
existence of a presumption that many cancers are work related and can be a compensable
claim under Virginia Worker's Compensation.
Request:
The City Council requests that the General Assembly create and fund the "Good Friday"
First Responders Fund to support annual health monitoring and cancer screenings to all
Virginia Beach employees who worked the crash scene and to provide additional support for
out-of-pocket health care costs and other service gaps that may arise for these heroes.
14
y
s'~ -• � VIRGINIA CODE AMENDMENT
ABC Store Larcenies
Background:
In recent years, larcenies and shoplifting cases at Virginia ABC stores have significantly
increased across the Commonwealth and now represent a disproportionate percentage of
Part I crime and a grossly disproportionate percentage of property crime in several cities.
These larcenies accounted for 23% of all shopliftings in Virginia Beach for 2023 and for
2024 year-to-date, the percentage of all shopliftings from ABC Stores is currently sitting at
26%.
Law enforcement resources are disproportionately expended when deploying to these cases
and when follow-up investigations of Virginia ABC larcenies need to occur.
Liquor theft falls squarely in the Virginia ABC Bureau of Law Enforcement's area of
concern. Their agents are well qualified to investigate these crimes and well situated to
influence needed changes in their retail sector's protection of liquor inventory.
Request:
The City Council requests that the General Assembly designate the Virginia ABC Bureau of
Law Enforcement as the primary law enforcement agency responsible for reporting and
investigating crimes.
Proposed language:
Amend Virginia Code Section § 4.1-105. Police Power of Members, Agents, and Employees
of Board.
A. Members of the Board are vested, and such agents and employees of the Board
designated by it shall be vested, with like power to enforce the provisions of(i)this subtitle
and the criminal laws of the Commonwealth as is vested in the chief law-enforcement
officer of a county, city, or town; (ii) § 3.2-4207; (iii) § 18.2-246.14; (iv) § 18.2-371.2; (v) §
58.1-1015; (vi) § 58.1-1017; and(vii) § 58.1-1037.
B. The Board, its agents, and employees so designated shall serve as the primary law enforcement
agency for reporting,pursuant to§52-28, and investigating crimes and offenses under Title 18.2,
Chapters 5 and 6, that occur on its properties, whether owned or leased.
C. Nothing contained in this subtitle shall be construed as a restriction or limitation upon any powers
that the Board of Directors of the Authority might otherwise have under any other law of the
Commonwealth.
15
Y�
.� VIRGINIA CODE AMENDMENT
Increase the Fire Programs Fund
Background:
The Virginia Fire Programs Fund is derived from an annual one percent assessment of fire-
related insurance coverage. The Fund is used to provide an annual population-based
allocation to localities throughout the Commonwealth, through the Aid to Localities
Program (ATL). Funding supports the critical needs of Virginia Fire Departments, but with
the significant rise in the cost of equipment and fire apparatus, the funding is no longer
sufficient. According to a study conducted by the Virginia Fire Programs, across the
Commonwealth calls for service have increased by 40% over the last three years while
funding at the state level has remained relatively stable for 20 years.
The last increase in the Virginia Fire Programs Fund occurred in 1995, going from .8%to
1%.
Request:
The City Council requests that the General Assembly increase the annual assessment levied
on businesses that sell fire insurance premiums from the amount of one percent of the total
direct gross premium income for such insurance to one and a half percent.
Proposed language:
Amend Virginia Code Section § 38.2 Insurance, Chapter 4. Assessment for Administration
of Insurance Laws and Declaration of Estimated Assessments by Insurers § 38.2401. Fire
Programs Fund:
The Commission shall annually assess against all licensed insurance companies doing
business in the Commonwealth by writing any type of insurance as defined in §§ 38.2-110,
38.2-111, 38.2-126, 38.2-130 and 38.2-131 and those combination policies as defined in §
38.2-1921 that contain insurance as defined in §§ 38.2-110, 38.2-111 and 38.2-126, an
assessment in the amount of one per-eent one and one halfpercent of the total direct gross
premium income for such insurance. Such assessment shall be apportioned, assessed and
paid as prescribed by § 38.2-403. In any year in which a company has no direct gross
premium income or in which its direct gross premium income is insufficient to produce at
the rate of assessment prescribed by law an amount equal to or in excess of$100, there shall
be so apportioned and assessed against such company a contribution of$100.
16
YJ
L
1 _
ti ..Axes
VIRGINIA CODE AMENDMENT
Property Title Report in Eminent Domain Proceedings
Background:
Virginia Code section 25.1-204(D)provides the elements for a bona fide offer, which must be
followed by condemning authorities when private property needs to be acquired for public
projects. This code section was modified in 2022 by Senate Bill 694. The 2022 amendments
added requirements to the acquisition process related to title of the subject property. The
new requirements are worded in a manner inconsistent with the body of the statute and
have led to confusion.
Historically, when a condemning authority made its bona fide offer to a landowner, it was
required to obtain a title report and provide the report to the landowner. The modified
statute now specifies that(1)the title examination shall be for at least 60 years, and(2)
requires that copies of all recorded documents be provided to the landowner. However, it is
unclear from the statute whether the requirement to provide copies of the recorded
documents pertains to every document identified through the 60-year history of the
property, or whether the requirement pertains to the documents identified in the title report.
Request:
City Council requests that the General Assembly make a minor modification to Va. Code
Section 25.1-204(D)(iii)that will clarify that the documents to be provided to the landowner
should be those listed in the title report.
Proposed language:
Amend Virginia Code Section § 25.1-204(D). Effort to purchase required; prerequisite to
effort to purchase or filing certificate.
D. Notwithstanding any provision of law to the contrary, a condemnor, prior to making an
offer to acquire a fee simple interest in property by purchase or filing a certificate of take or
certificate of deposit pursuant to Chapter 3 (§ 25.1-300 et seq.) or§ 33.2-1019, shall (i)
conduct or cause to be conducted an examination of title to the property in order to
ascertain the identity of each owner of such property and to determine the nature and extent
of such owner's interests in the property, which examination of title shall be for at least 60
years; (ii)provide to such owner or owners a copy of the report showing the examination of
title; and(iii)provide to such owner or owners a copy of all recorded instruments within
> Feleases, liens,
deeds, e
thee-instf meats identified in the report showing the examination of title.
17
s �
RESOLUTION
Zero Waste Awareness Week
Background:
On Aug. 8, 2023, the Virginia Beach City Council signed a resolution that recognizes the
first full week of September as Zero Waste Awareness Week on the recommendation of the
Virginia Beach Clean Community Commission(VBCCC).
Request:
The City Council requests that the General Assembly pass a resolution declaring the first
full week of September as Zero Waste Awareness Week.
Proposed Language:
Whereas the first full week of September is recognized internationally as Zero Waste Awareness week;
and
Whereas the definition ofzero waste is 'producing little or no waste';•and
Whereas the Commonwealth of Virginia wants to encourage citizens to waste less by
refusing, reducing, reusing, recycling and repurposing;and
Whereas the Commonwealth of Virginia realizes that zero waste will benefit the
environment and land in the Commonwealth;and
Whereas the Commonwealth of Virginia acknowledges that zero waste will save the
citizens of Virginia financially;and
Whereas the Commonwealth of Virginia challenges all businesses in its community to
engage its employees and citizens to be more mindful regarding ways to decrease
waste;and
Whereas the Commonwealth of Virginia encourages all state agencies to participate
during Zero Waste Awareness Week by educating its citizens on ways to reduce waste;
and
Therefore, the Commonwealth of Virginia will designate the first full week of September
as Zero Waste Awareness week where it invites all its citizens to engage in education
and action toward a zero waste society.
18
N
STATE BUDGET REQUEST
Commonwealth Individual Assistance (IA) Program Study
Background:
The 2023 Great Neck Tornado highlighted a gap in the Commonwealth's ability to support
individuals and households recovering from non-federally declared disasters. Most disasters
do not reach the thresholds required to activate federal disaster assistance, as was the case
with the Great Neck Tornado.
Individual Assistance(IA)programs provide direct assistance to individuals and households
impacted by a disaster so they can begin their recovery. Currently, the Federal Emergency
Management Agency(FEMA) manages an IA program, which is only available to disaster
survivors after a federal disaster declaration is issued under the Stafford Act. Over the past
20 years, Virginia has requested an Individual Assistance declaration for over 30 disasters;
however, only nine requests were awarded federal IA funding. Without a state-level IA
program, communities across Virginia are left with very few resources to help repair or
rebuild their homes and begin the recovery process. This gap places additional economic
burdens on the individual and their communities.
In the Commonwealth's 2022-2024 Budget, the Virginia Department of Emergency
Management(VDEM)requested funding to conduct a Commonwealth Individual
Assistance Program Study, the crucial first step in creating a state-level IA program.
Unfortunately, this request was not funded.
Requests:
The City of Virginia Beach supports the Virginia Department of Emergency Management's
request of budget support to conduct a Commonwealth Individual Assistance Program
Study
19
f M 'YJ d
STATE BUDGET REQUEST
Virginia Aquarium & Marine Science Center Renovation/Expansion
Background:
The Virginia Aquarium and Marine Science Center is a jewel for both the City of Virginia
Beach and the Commonwealth, providing a world class tourism attraction, exciting hands-
on education opportunities for students around the region, and support for sea animal
rescue and rehabilitation across much of the East Coast. It is the third most visited
attraction in the Commonwealth, behind only amusement parks Kings Dominion and
Busch Gardens.
According to a recent economic impact analysis, the Virginia Aquarium contributes more
than $277 million in economic activity each year supporting more than 3,300 jobs. These
impacts provide more than $7.6 million in annual tax revenues for the City of Virginia
Beach and an additional $9+ million in annual tax revenues for the Commonwealth of
Virginia.
Unfortunately, the infrastructure is aging and nearing the point where it needs to be
replaced. For example, the main building is more than 37 years old, and the seal, turtle, and
shark habitats have reached end-of-life. For the protection of these animals, the habitat must
be replaced in the coming years, or the animals will have to be transferred to another
facility.
The Virginia Aquarium Foundation is setting course for an ambitious capital improvement
project that will allow the aquarium to continue to operate and generate economic activity
for the Commonwealth and keep the animals safe while expanding its footprint and creating
new updated exhibits for visitors that will draw larger crowds, and economic impact, in the
future.
Request:
The City Council requests support from the General Assembly for the Virginia Aquarium &
Marine Science Center's renovation/expansion of aging infrastructure. The Virginia
Aquarium would utilize resources from the Commonwealth in their overall strategy in
seeking funds through the Federal Government along with City and private funding.
20
a
a
Brent McKenzie
Legislative Affairs Director
757-837-9572 1 bmckenzie@vbgov.com
Office of the City Manager I Municipal Center Bldg 1
2401 Courthouse Drive I Virginia Beach,VA 23456
virginiabeach.gov
6
CITY COUNCIL LL4ISON REPORTS
ITEM#76202
4.01 P.M.
There were no City Council Liaison Reports.
October 1, 2024
7
CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS
ITEM#76203
4:02 P.M.
Mayor Dyer advised, in response to Hurricane Helene, Senators DeSteph and Craig have an initiative,
"Bless Our Southwest"and are requesting donations for non perishable food items,food for animals and
paper products to help those impacted. Mayor Dyer advised Sheriff Holcomb has offered to accept
donations at the jail or they can be dropped off at Senator DeSteph's office.
October 1, 2024
8
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76204
(Continued)
Vice Mayor Wilson advised there are many concerns with the recent news of 3,400 longshoremen going on
strike and the impacts it will have on so many people in this area who can least afford it. Vice Mayor
Wilson is hopeful it will not last long.
Council Member Taylor advised he spoke with his wife's uncle who is a longshoreman and was told that
although not all longshoremen support the strike, they are standing together and protesting in shifts.
Council Member Taylor also relayed while on strike they will only earn one-third of their normal wages
and expect the strike to last two (2)months.
Council Member Ross-Hammond encouraged the public to get the supplies they need but be considerate so
there is enough to go around.
October 1, 2024
9
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#76205
(Continued)
Council Member Ross-Hammond invited anyone interested to attend the Virginia African American
Cultural Center's 4t1i Annual Fall Festival with a special Ribbon Cutting Ceremony for the Basketball
Court. Council Member Ross-Hammond advised last year the NBA provided $105,000 to refurbish the
court and have provided fifty (50) basketballs to be given away during the event. There will also be
performers,food trucks, vendors and activities for children. The Festival will be this Saturday from 12:00
—5:00 P.M.
October 1, 2024
10
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76206
(Continued)
Council Member Ross-Hammond advised she will host a District 4 Town Hall on October 3rd from 6:00—
7:30 P.M., at the Williams Farm Recreation Center and will discuss several topics including Schools,
Public Safety with a crime stats update, traffic calming and the Parks After Dark Program.
October 1, 2024
11
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76207
(Continued)
Council Member Henley advised she received information from the U.S. Army Corps of Engineers that
notices will be sent to the property owners in the Creed's area concerning military munitions that may be
on their property. Council Member Henley advised she understands City Manager Duhaney and Police
Chief Neudigate also received the information and asked if they can contact the U.S. Army Corps of
Engineers to determine what the plan is in order for her to stay ahead of the issue.
October 1, 2024
12
CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS
ITEM#76208
(Continued)
Council Member Taylor expressed his appreciation to City Manager Duhaney,Frank Fentress,Landscape
Services Administrator and additional Parks and Recreation staff who responded to a complaint from a
civic league concerning the City removing flowers and vegetation from a median in their neighborhood
without notice. Council Member Taylor commended the staff member who responded to the civic league
and accepted responsibility for not communicating with them prior to the work being done. Council
Member Taylor advised staff has committed to work with the civic league to replace the landscaping.
October 1, 2024
13
CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS
ITEM#76208
(Continued)
Council Member Schulman advised he was honored to be part of King Neptune's Court during the Neptune
Festival this year and expressed his appreciation to the Festival's organizers and volunteers. Council
Member Schulman advised he has never been in a parade before and enjoyed meeting so many locals and
tourists who traveledfrom all over for the Festival. Council Member Schulman added it was also wonderful
to all of the students artwork and was an overall amazing experience.
Council Member Remick congratulated Kit Chope,President and CEO of the Neptune Festival for another
successful event with thousands attending. Council Member Remick advised the next event is coming up
this weekend and invited anyone interested to attend the Boardwalk Art Festival at the Oceanfront.
October 1, 2024
14
AGENDA REVIEW SESSION
ITEM#76209
4:14 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCESIRESOL UTIONS
1. Resolution to DIRECT the City Manager to provide additional medical screenings republic safety
personnel(Requested by City Council)
2. Ordinance to AUTHORIZE the acquisition ofproperty in fee simple and acquisition of temporary
and permanent easements, either by agreement or condemnation re Robinson Road Improvements
Project, CIP 100347.032
3. Ordinance to A UTHORIZE the acquisition of an Agricultural Land Preservation(ARP)easement
from David W.Heafner,Jr. (152.96+/-acres), the issuance by the City of its contracts obligations
in the maximum principal amount of$1,171,582,and TRANSFER funds to purchase U.S. Treasury
Strips
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Management Agreement with
Hometown Sports Management, LLC, re the operation and management of the Sportsplex and
Field Hockey Complex
5. Resolution to formally RE ADOPT the Virginia Beach Emergency Operations Plan (EOP)
6. Ordinance to ACCEPT and APPROPRIATE $3.5-Million from the Virginia Department of
Transportation State of Good Repair/Primary Extension Program to Capital Project #100401,
"Street Reconstruction II"re road paving projects
7. Ordinance to APPROPRIATE $5,000 from fee revenue to the FY 2024-25 Commonwealth
Attorney Operating Budget repurchase supplies and support the operation of Drug Treatment
Court
J. ORDINANCES:
COUNCIL MEMBER TAYLOR WILL VOTE VERBAL NAY ONITEM#4
October 1, 2024
15
AGENDA REVIEW SESSION
ITEM#76209
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. ADEKOJE PJ 22001, LLC for a Conditional Change of Zoning from AG-1 Agricultural to
Conditional R-10 Residential re develop a ten (10)lot single-family subdivision West of Bluegrass
Lane&East of 2044 Aloma Drive DISTRICT 2(Deferred from July 9, 2024)
K.PLANNING ITEMS:
ITEM W WILL BE CONSIDERED SEPARATELY
October 1, 2024
16
ITEM#76210
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 2
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargainingposition or negotiating strategy of the public bodypursuant
to Section 2.2-3711(A)(29)
• Project Ramp
PR OPRIETAR Y INFORMA TION RELA TED TO BUSINESS TRADE
OR TOURISM DEVELOPMENT: Discussion or consideration of
proprietary information, voluntarily provided by private business
pursuant to a promise of confidentiality from a public body, used by the
public body for business, trade, and tourism development or retention;and
memoranda, working papers, or other information related to businesses
that are locating or expanding in Virginia, prepared by a public body,
where competition or bargaining is involved and where disclosure of such
information would adversely affect the financial interest of boy pursuant
to Section 2.2-3705.6(3)and Section 2.2-3 711(A)(40).
• District 5
• District 5 and 6
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice by
such counsel pursuant to Section 2.2-3711(A)(7).
• Atlantic Park Mediation Demand
October 1, 2024
17
ITEM#76210
(Continued)
Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council
voted to proceed into CLOSED SESSION at 4:30 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 4:30 P.M. — 4:44 P.M.
Closed Session 4:44 P.M. — 5:42 P.M.
October 1, 2024
18
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
OCTOBER 1,2024
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, October 1, 2024, at 6:00 P.M.
Council Members Present:
Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,
Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
INVOCATION: Mayor Dyer
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
CITY COUNCIL DISCLOSURES:
Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna
Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 341h Street Suite 102,
Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of
Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest
in numerous matters in which she is not personally involved and of which she does not have personal
knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for
each meeting of City Council for the purpose of identifying any matters in which she might have an actual
orpotential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies
a matter in which she has a 'personal interest," as defined in the Act, she will file the appropriate
disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly
makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record.
October 1, 2024
19
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 andLocal 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.
October 1, 2024
20
VI.F
CERTIFICATION
ITEM#76211
Upon motion Council Member Rouse, seconded by Council Member Ross-Hammond, City Council
CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 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 due to not participating in the Closed Session due to possible conflicts
Council Members Absent:
None
October 1, 2024
G���BFAC
U
J
a
e
4*S OFF^^ O�S E
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the
affirmative vote recorded in ITEM#76210 on Page 17 and in accordance with the provisions of The
Virginia Freedom of Information Act;and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
Na,
Ama d Ba es, A&q
City Clerk
October 1, 2024
21
ITEM— VI.G.1
MINUTES
ITEM#76212
Upon motion by Council Member Ross-Hammond, seconded by Council Member Remick, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 17,2024
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
October 1, 2024
22
ITEM— VI.G.2
MINUTES
ITEM#76213
Upon motion by Council Member Ross-Hammond, seconded by Council Member Remick, City Council
APPROVED the MINUTES of the FORMAL SESSION of September 24,2024
Voting: 10- 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 1, 2024
23
ITEM— VI.H.1
MAYOR'S PRESENTATIONS
ITEM#76214
PROCLAMATION
HISPANIC HERITAGE MONTH 2024
Mayor Dyer recognized the following representatives from the Chamber for Hispanic Progress; Patricia
Bracknell-Founder/CEO,Monica Nieves-Pestana-Community Engagement Director, Ursula De la Luna
— Treasurer, Carmen Sermini — Secretary and Ana Williams - Education Director and read the
Proclamation declaring September 1 S`h - October 1 Srh 2024 as, "HISPANIC HERITAGE MONTH".
Mayor Dyer encouraged all Americans to join in recognizing and celebrating the immeasurable
contributions of the Hispanic and Latino community, reflecting on the importance of embracing diversity,
and reaffirming the commitment to ensuring that all people, regardless of their background, have the
opportunity to achieve their dreams in this great nation.
October 1, 2024
G1�IA-BFAc
U
Iry
Up UUR NA,,V%Q
rodamation
Wfitrr= Wispanic.9feritage 9Nonth is celebrated annuaQy from September 15th to October 15th, honoring the rich cultures, vibrant
histories, and remarkable contributions of Ifispanics and Latinos in the Vnited States. ?fie Cham6er for Hispanic(Progress
recognizes the indelible impact of a community whose roots span across Spain, 94e*o, the Caribbean, Central and South
America,oral whose influence is deeply woven into the fabric of our nation;and
Whereas The theme for 9faspanic Iferitage Month 2024, 'Pioneers of Change:,Shaping the Shaping the'Future Together,"reflects the
resilience,unity,and strength that 7fispanic and Latino communities bring to the VnitedStates.'From the arts and sciences to
business,education and public service,?fupanic Americans have consistently enriched our country with their diverse talents,
innovative ideas,and unwavering commitment to building a more just andinclusive society;and
'Whereas We celebrate the 63+million Latinos andYlispanics who calf the`UnitedStates home. g)ieir contributions have shaped our
nation's culture,economy,andidentity. 'From trailblazing leaders in government, to groundbreaking entrepreneurs,educators,
healthcare workers, and essential workers, the 911spanic community continues to mak{indrspensa6fe contributions to every
sectorofAmerican life,and
WW iereas The 7Gspanic and Latino community faces ongoing challenges, including discrimination, disparities in education, healthcare,
economic opportunity,andimmigration reform.'Ibis month is not only a celebration of achievements but also a calf to action—
to work towards equality, opportunity, and justice for all We recognize the need to address these systemic barriers so that
future generations can thrive;and
%*emas: The 9fupanic and Latino community holds a deep respect for family,faith, and tradition, values that strengthen the social
fabric of the Vnited States. Tieir entrepreneurial spirit and hard work have driven economic growth and innovation,from
smallbusinesses andlocalrestaurants to large enterprises that contribute to the nation's prosperity.'Ihis is particularly reflected
in the growth of.7faspanic-awned businesses,which continue to be among the fastest growing segments of the`U.S.economy,•
and
`Whereas: During this month,we take pride in the cultural contributions of Ylispanic and Latino Americans. 'From music, dance, and
hterat ure,to food fashion,and film,these artistic eVressions have enriched the gfo6al cufturallandscape and have become an
integral part of our sharedAmerican story. We celebrate the writers,performers,artists,and cultural icons who have shared
theirgifts with the wonfdandinspiredcountless others to folfow in theirfootsteps.
.Now,I&nfom I,"ert 9N. "Bobby'Tyer,Wayor of the City of'Virginia Beach,'Virginia,do hereby proclaim.•
Septemd er 15th to October 15th, 2024,
as xispanic Meritage Month
In%*yi Mach, I encourage allAmericans to join me in recognizing and cellbratiog the immeasurable contributions of the 9fispanic and
Latino community,reflecting on the importance of embracing drversity,and reaffirming our commitment to ensuring that alfpeople,regardless
of their6ackground have the opportunity to achieve their dreams in this great nation.
in%&'ntss' furrof,I have hereunto set my hand and caused the OffcialSeal of the City of Virginia Beach,'Virginia,to be affixed this'First
'Day of October,Two gfaousandand7wenty-'Four.
(Rgbert 94. (Bobby"(Dyer
Wayor
24
ITEM— VI.H.2
MAYOR'S PRESENTATIONS
ITEM#7621 S
PROCLAMATION
NATIONAL ARTS AND HUMANITIES MONTH
On behalf of Mayor Dyer, Council Member Berlucchi welcomed Dr. Cynthia Romero, Chair—Arts and
Humanities Commission and read the Proclamation declaring the month of October 2024 as, "NATIONAL
ARTS AND HUMANITIES MONTH". Council Member Berlucchi called upon all citizens to celebrate
and promote the arts and culture in Virginia Beach through participation and support of artists and the
City's many arts and humanities organizations.
Dr. Romero expressed her appreciation to City Council for this recognition and their continued support,
additionally expressing appreciation to City Council for approving a dedicated revenue source for arts and
culture by allocating 20%of admissions taxes during the last budget cycle. Dr. Romero advised the newly
securedfunding not only underscores the City's commitment to fostering creativity also ensures that future
generation funds will continue to benefit from a thriving dynamic art ecosystem.
October 1, 2024
0�` �G$
it
ya r
ap OUR NAr0
ro a, ton
WkwYeas ghe month of October is recognized as National Arts aZ 7fumanities Wonth by thousands of arts and cultural
organizations, communities, and states across the country, as well as by the White Mouse and Congress since 1993;
and
Whereas' qhe arts and humanities enhance and enrich peoples'fwes through education, recreation, and creative work and by
inspiring the imagination of humankind and
`Whereas. The arts are accessibfe to alx andthe arts andhumanities are an essential component of quafiity of life,sense of place
andmentalheafth;and
'Whereas: Virginia Beach's vibrant arts community provides mynad opportunities for creative a7ression for aIT starting as
children andcontinuing throughout the twilight years;and
4ftereas.. The City of Virginia Beach esta6lished anArts eZMumanities Commission in 1979,and the Commission has remained
steadfast in promoting excellence in the arts and humanities by initiating and supporting programs, activities and
policies that inspire,nurture,andreAct the culturaldiversity of the area;and
4Nl�rtreas. In 2024, the City of Virginia Beach, at the behest of its citizens, established a fandmarkdedcated funding source,
directing 20 percent of amusement ta.X revenue to enhance the reach and distribution of arts throughout the City,
connecting neighbors and communities,both today and into the future,:and
Whereas: Countless residents and visitors eVerience the best of Virginia Beach thanks to our focal nonprofit arts and
humanities organizations,and the thousands of artists who share their talents with the community.
Now,q&refvre,I,Rg6ert 94.(Dyer,Mayor of the City of Virginia Beach,do hereby proclaim."
October 2O24
.a T&U eZ Mumanities Month
In`i�pginia Beach.,andl call on all citizens to celebrate andpromote the arts andcufture in Virginia Beach through participation and
support of artists and our many arts andhumanities organizations.
In 4 itness 4 L-wf, I have hereunto set my hand and caused the OfficialSeaf of the City of Virginia Beach, Virginia, to be affixed
this fFirst(Day of October Two grwusandand7wenty-Four.
z-'
W96ert 91f. "Bo66y"(Dyer
9Kayor
25
ITEM— 11I.H.3
MAYOR'S PRESENTATIONS
ITEM#76216
PROCLAMATION
NATIONAL BREAST CANCER AWARENESS MONTH
On behalf of Mayor Dyer, Vice Mayor Wilson welcomed Donna Rennick and Lisa Strader and read the
Proclamation declaring the month of October 2024 as, "NATIONAL BREAST CANCER AWARENESS
MONTH". Vice Mayor Wilson called upon all citizens and health providers in Virginia Beach to increase
awareness and follow the steps in advance for prevention.
Ms. Rennick expressed her appreciation for this recognition and City Council's continued support. Ms.
Rennick invited anyone interested to join her at the Boardwalk on November 2"d at 11:00 A.M.for the
annual Making Strides Against Breast Cancer walk.
October 1, 2024
.13
OF OUR NAra
4"
Vrodamat'toll
"4em . Breast cancer is the most prevalent cancer diagnosed among women in the`United States and stands as the
second leading cause of cancer-related deaths among women followed only 6y Tung cancer,-reported 6y the
American Cancer Society.Glo6aky,it remains the most commonly duagnosedcancer,and
'Whereas. 7Tie American Cancer Society helps people with breast cancer in our community,working tirelessly tofindnew
drugs and treatments as well as new ways to use existing treatments. (kesearch programs have advanced
prevention,screening,and treatment that save Caves,•and
low eas: According to Cancer(Facts eZ Figures,an annualACS publication, the female breast cancer death rate peaked
in 1989, then declined by 41%in 2018. This progress reflects improvements in eady detection and treatment
and translates to an estimated 403,200 fewer breast cancer deaths than would have been erected if the death
rate had remainedat its peak and
'Whereas• We need to continue to fund research to help save even more laves in the future. Each year in the V.S.,about
240,000 women are duagnosedwith breast cancer andabout 42,000 women willdae from it;and
WkMI s. October 2016 is National9fammography(Day. We encourage everyone to encourage those they love to schedule
their routine mammogram;and
'Whereas: 'Women ages 40 to 44 should have the choice to start annual breast cancer screening with mammograms;and
%4ereas: Women ages 45 to 54 shouldget mammograms every year,and
"4ereas: Women 55arafoldershouldswitch to mammograms every 2 years orcan continue yearly screening•and
Whereas. The City of'Virginia Beach and the American Cancer Society advocate to end cancer as we know it,for
everyone.
Now,TTuref m I,Ebert 9K. °Bobby'(Dyer,911ayor of the City of Virginia Beach,Virginia,do hereby proclaim:
uctober 2024
Breast CancerAwareness Month
In'Virginia Beach,I caQ-upon the citizens and health providers in Virginia Beach to increase awareness andfollmv the steps in
advance for prevention.
In W9nM Whawf, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be
affixed this(First(Day of October,Two?Tw=nd and7wenty-(Four.
$ybert X. 'Bobby'Dyer
%ayor
26
ITEM— VI.H
FORMAL SESSION AGENDA
ITEM#76217
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:
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION to Ordinance J.4
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,BY CONSENT,Agenda Items Ordinances/Resoludons J. 1, 2, 3, 4, S, 6 and 7
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
October 1, 2024
27
ITEM— VU I
ORDINANCESIRESOL UTIONS
ITEM#76218
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Resolution to DIRECT the City Manager to provide additional medical
screenings republic safety personnel(Requested by City Council)
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 1, 2024
REQUESTED BY THE CITY COUNCIL
1 A RESOLUTION TO DIRECT THE CITY MANAGER TO
2 PROVIDE ADDITIONAL MEDICAL SCREENINGS FOR
3 PUBLIC SAFETY PERSONNEL
4
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1) The City Manager is hereby directed to:
9 a. implement enhanced medical screenings for cardiovascular disease and
10 cancer for uniformed personnel within the Fire Department;
11 b. begin evaluating a plan to provide appropriate health screenings for
12 other public safety departments including EMS, Police, and the Sheriff's
13 Office; and
14 c. prioritize programming the ongoing costs for enhanced health and
15 wellness screenings into the City Manager's proposed FY2025-26
16 Operating Budget for City Council consideration.
17
18 2) To fund the additional medical screenings, the City Manager is directed to use
19 existing resources appropriated within the City's Risk Management Fund.
20 Should additional funds be needed in FY 2024-25 the City Manager is hereby
21 authorized to transfer funds from the General Fund Reserve for Contingencies
22 up to his delegated transfer authority. Should the City Manager need additional
23 funding beyond his delegated transfer authority, the City Manager shall provide
24 a funding request to the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day
of October 2024.
APPROVED AS TO LEGAL SUFFICIENCY:
y Att rney' O ice
CA16659
R-2
September 25, 2024
2s
ITEM— VI.J.2
ORDINANCESIRESOL UTIONS
ITEM#76219
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple and
acquisition of temporary and permanent easements, either by agreement or condemnation re Robinson
Road Improvements Project, CIP 100347.032
i
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 1, 2024
1 AN ORDINANCE TO AUTHORIZE THE
2 ACQUISITION OF TEMPORARY AND
3 PERMANENT EASEMENTS FOR THE
4 ROBINSON ROAD IMPROVEMENTS
5 PROJECT, CIP 100347.032, EITHER BY
6 AGREEMENT OR CONDEMNATION
7
s WHEREAS, the Robinson Road Improvements Project, CIP 100347.032 (the
9 "Project"), is a roadway improvements project to improve transportation, stormwater, public
10 utilities and safety within the City and for other related public purposes for the preservation
11 of the safety, health, peace, good order, comfort, convenience, and for the welfare of the
12 people in the City of Virginia Beach; and
13
14 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
i5 public necessity exists for the construction of this important roadway project to provide
16 improved functioning and connectivity, including the connection of Robinson Road at its
17 south end to Charity Neck Road. The Project will provide improved egress during wind-
18 driven flood events and will enhance the safety and accessibility for residents for the
19 affected areas. The Project will make the road more accessible and functional for the
20 preservation of the safety, health, peace, good order, comfort and convenience and for the
21 welfare of the people in the City of Virginia Beach.
22
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 Section 1. That the City Council authorizes the acquisition by purchase or
28 condemnation pursuant to Sections 15.2-1901, et seq., 15.2-2109, and Title 25.1 of the
29 Code of Virginia of 1950, as amended, of all those certain temporary and permanent
30 easements (the "Property"), as shown on the Project plans entitled "ROBINSON ROAD
31 PROPOSED IMPROVEMENTS CIP NO. 100347.032 PWCN-20-0139," and more
32 particularly described on the acquisition plats for the Project (plats and plans collectively
33 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department
34 of Public Works, City of Virginia Beach, Virginia.
35
36 Section 2. That the City Manager is hereby authorized to make or cause to be made
37 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
38 offer to the owners or persons having an interest in said Property. If refused, if the property
39 owners are unable to convey clear title, or if the owners cannot be identified or located, the
40 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings
41 to condemn to acquire title to the Property.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of
44 October , 2024.
CA16569
R-1
8/21/2024
\\vbgov.com\dfsl\appl!cation s\citylaw\cycom32\wpdocs\d023\p047\00988423.doc
APPROVED AS T CONTENT APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
P&BLIWORK REAL ESTATE CITY AT RN Y
29
ITEM— VI.J.3
ORDINANCES/RESOL UTIONS
ITEM#76220
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of an Agricultural Land
Preservation (ARP) easement from David W. Heafner, Jr. (152.96+/- acres), the issuance by the City of
its contracts obligations in the maximum principal amount of$1,171,582, and TRANSFER funds to
purchase U.S. Treasury Strips
Voting: 11 - 0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary
Wilson and Sabrina D. Wooten
Council Members Absent:
None
October 1, 2024
1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION
2 OF AN AGRICULTURAL LAND PRESERVATION
3 EASEMENT FROM DAVID W. HEAFNER, JR. (152.96+/-
4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS
5 CONTRACT OBLIGATIONS IN THE MAXIMUM
6 PRINCIPAL AMOUNT OF $1,171,582, AND 3)
7 TRANSFER OF FUNDS TO PURCHASE U.S.
8 TREASURY STRIPS
9
10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
12 presented to the City Council a request for approval of an Installment Purchase Agreement
13 (the form and standard provisions of which have been previously approved by the City
14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
15 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the
16 Installment Purchase Agreement) on certain property located in the City and more fully
17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
18 $1,171,582; and
19
20 WHEREAS, the aforesaid Development Rights shall be acquired through the
21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
22 compliance with, the requirements of the Ordinance; and
23
24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
25 purchase as evidenced by the Installment Purchase Agreement.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 1. The City Council hereby determines and finds that the proposed terms and
31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
32 Agreement, including the purchase price and manner of payment, are fair and reasonable
33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
34 is hereby authorized to approve, upon or before the execution and delivery of the
35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
36 balance of the purchase price set forth hereinabove as the greater of 4.473%per annum or
37 the per annum rate which is equal to the yield on United States Treasury STRIPS
38 purchased by the City to fund such unpaid principal balance; provided, however, that such
39 rate of interest shall not exceed 6.473% unless the approval of the City Council by
40 resolution duly adopted is first obtained.
41
42 2. The City Council hereby further determines that funding is available for the
43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
44 the terms and conditions set forth therein.
45 3. The City Council hereby expressly approves the Installment Purchase
46 Agreement and, subject to the determination of the City Attorney that there are no defects
47 in title to the property or other restrictions or encumbrances thereon which may, in the
48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
49 Manager or his designee to execute and deliver the Installment Purchase Agreement in
50 substantially the same form and substance as approved hereby with such minor
51 modifications, insertions, completions or omissions which do not materially alter the
52 purchase price or manner of payment, as the City Manager or his designee shall approve.
53 The City Council further directs the City Clerk to affix the seal of the City to, and attest
54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
55 incurrence of the indebtedness represented by the issuance and delivery of the Installment
56 Purchase Agreement.
57
58 4. The City Council hereby elects to issue the indebtedness under the Charter of
59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the
60 indebtedness a contractual obligation bearing the full faith and credit of the City.
61
62 5. The City Council hereby authorizes the transfer of $393,338.90 from the
63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the
64 City Manager is empowered to transfer sufficient additional funds or return funds not
65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the
66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States
67 Treasury STRIPS as described in the Installment Purchase Agreement.
68
69 Adoption requires an affirmative vote of a majority of all members of the City Council.
70
71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day of
72 October , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
, J J/L4-;�f"
Agriculture Department B dget and Management ervices
CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY:
OF UND
Director of Finance City Attorney's Office
CA16423
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September 3, 2024
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2024-172
SUMMARY OF TERMS
SELLER: David W. Heafner, Jr.
PROPERTY: 1368 Pleasant Ridge Road/GPINs: 2411-99-6130 and 2421-08-8304
PURCHASE PRICE: $1,171,582
EASEMENT AREA: 152.96 acres,more or less
DEVELOPMENT POTENTIAL: 5 single-family building sites (0 reserved by Seller
for future development)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price,but not less than 4.473% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.473%without
approval of City Council.
TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from
IPA date.
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate
Settlement Transfer) for one(1)year following execution and delivery of the IPA.
30
ITEM— VI.J.4
ORDINANCESIRESOL UTIONS
ITEM#76221
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
Management Agreement with Hometown Sports Management, LLC, re the operation and management of
the Sportsplex and Field Hockey Complex
Voting: 10- 1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David
Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer
Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
Chris Taylor
Council Members Absent:
None
October 1, 2024
I AN ORDINANCE TO AUTHORIZE THE CITY MANAGER
2 TO EXECUTE A MANAGEMENT AGREEMENT FOR THE
3 OPERATION AND MANAGEMENT OF THE SPORTSPLEX
4 AND THE FIELD HOCKEY COMPLEX
5
6 WHEREAS, On January 14, 2024 and January 21, 2024, City Council issued
7 Public Notice requesting Bids for Management of City Property for the management of
8 the Sportsplex and the Field Hockey Complex (the "Bid Request');
9
10 WHEREAS, Hometown Sports Management, LLC, a Virginia limited liability
11 company ("HSM") responded to the Bid Request, and City Council directed staff to
12 attempt to finalize negotiations with the principals of HSM for the management of the
13 existing Sportsplex and Field Hockey Complex facilities;
14
15 WHEREAS, staff has finalized a management agreement with HSM for the
16 management and operation of the Sportsplex and Field Hockey Complex, as set forth in
17 the Summary of Terms attached hereto as Exhibit A, and incorporated herein;
18
19 WHEREAS, a location map showing the property to be subject to the
20 Management Agreements as"Sportsplex Area" and "Field Hockey Complex" is attached
21 hereto as Exhibit B; and
22
23 WHEREAS, the City Council finds that entering into a management agreement
24 with HSM for the management and operation of the Sportsplex and Field Hockey
25 Complex will be in the best interest of the City and will promote the use of those
26 facilities.
27
28 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 That the City Manager is hereby authorized to execute a management
32 agreement for the management and operation of the Sportsplex and Field Hockey
33 Complex so long as such agreement is consistent with the Summary of Terms at
34 hereto as Exhibit A and such other terms and conditions deemed necessary and
35 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney;
36
37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day
38 of_October , 2024.
APPROVED AS TO CONTENT- APPROVED AS TO LEGAL
SUFFICIENCY A RM:
Parks & Recreation City Attorney
CA16265
cAusers\c king\appdata\loca I\microsoft\windows\inetcache\content.outtook\Oei9 pi22\00003288.doc
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9/9/24
Exhibit A
Summary of Terms
PROPERTY: Sportsplex: Area shown as "Sportsplex Area" on attached
Location Map.
Field Hockey Complex: Area shown as "Field Hockey
Complex" on attached Location Map
OWNER: The City of Virginia Beach (the "City")
MANAGER: Hometown Sports Management, LLC, a Virginia limited liability
company (the "Manager")
PURPOSE: Manager will operate and manage on behalf of the City both
athletic facilities.
TERM: 20 years.
REVENUE
SHARING: The Manager will pay City an annual amount equal to five
percent (5%) of the combined annual gross revenues of the
Sportsplex and the Field Hockey Complex in excess of
$1,100,000. Any revenue generated from the sale of
sponsorships or naming rights shall be included in the
calculation of gross revenues.
IMPROVEMENTS: Manager to invest up to $600,000 in in upgrades to the facilities.
The City will fund the replacement of(i) artificial turf fields at the
Sportsplex, (ii) install new lights for Field 2 of the Field Hockey
Complex, (iii) convert existing grass fields at the Field Hockey
Complex, and (iv) flatten the berm at the Sportsplex and create
a grass training area. The City funded improvements shall not
exceed $4,138,500.
CAPITAL
MAINTENANCE
& REPAIRS: The City will be responsible for all major capital expenditures
and repairs at the Sportsplex and the Field Hockey Complex;
the necessity and timing of such repairs to be in the sole
discretion of the City and subject to the appropriation of funds
by City Council.
2
Major capital expenditures to be defined as any expense with a
minimum cost of$10,000 and a life expectancy in excess of 5
years. Repetitive or multiple repairs not to be aggregated to
reach $10,000 but planned systemic repairs may be
aggregated.
The City Manager to request appropriation each year for capital
repairs, including $50,000 per year for unexpected capital
repairs.
The City's funding of repairs is subject to appropriation.
Manager shall have right to terminate the agreement if unfunded
repairs leave facilities unsafe or unusable.
ORDINARY
MAINTENANCE
& REPAIRS: The Manager is responsible for all non-capital repairs and
maintenance, including maintenance and replacement of all
lights.
TITLE TO
PROPERTY: Title to the Property shall remain vested in City. The Manager
shall not encumber the Sportsplex or the Field Hockey Complex
with any liens.
PERMISSIBLE
USES: A list of pre-approved uses of the Sportsplex shall be agreed on
by the City and the Manager prior to the execution of the
Management Agreement. City may object to any proposed use
of the Sportsplex not pre-approved.
PERFORMANCE
STANDARDS: The Sportsplex shall be operated in conformity with the
performance standards as set by the City of Virginia Beach
Parks and Recreation Department.
3
_
PRINCESS ANNE ATHLETIC Exhibit B
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31
ITEM— VI.J5
ORDINANCESIRESOL UTIONS
ITEM#76222
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Resolution to formally RE ADOPT the Virginia Beach Emergency
Operations Plan (EOP)
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
October 1, 2024
1 A RESOLUTION FORMALLY RE-ADOPTING THE
2 VIRGINIA BEACH EMERGENCY OPERATIONS PLAN
3 WHEREAS, the City of Virginia Beach Department of Emergency Management,
4 regularly and routinely publishes and updates an Emergency Operations Plan for the
5 City of Virginia Beach; and
6
7 WHEREAS, Code of Virginia § 44-146.19.E. requires the City Council to formally
8 review and re-adopt the City of Virginia Beach Emergency Operations Plan every four
9 years; and
10
11 WHEREAS, that last adoption of the City of the Virginia Beach Emergency
12 Operations Plan occurred in 2020; and
13
14 WHEREAS, the four-year review and revision of the City of Virginia Beach
15 Emergency Operations Plan is complete.
16
17 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 That the City of Virginia Beach hereby formally re-adopts the revised Virginia
21 Beach Emergency Operations Plan.
22
23 Adopted by the City Council of the City of Virginia Beach, Virginia, this 1 s t
24 day of October , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
D/'7#q"j
Dept. of Emergency Management City AttoOOffice
CA
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September 05, 2024
32
ITEM— VI.J.6
ORDINANCES/RESOL UTIONS
ITEM#76223
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $3.5-Million from the
Virginia Department of Transportation State of Good Repair/Primary Extension Program to Capital
Project#100401, "Street Reconstruction II"re road paving projects
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
October 1, 2024
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FROM THE VIRGINIA DEPARTMENT OF
3 TRANSPORTATION STATE OF GOOD REPAIR / PRIMARY
4 EXTENSION PROGRAM TO CAPITAL PROJECT 100401,
5 "STREET RECONSTRUCTION II," FOR ROAD PAVING
6 PROJECTS
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 $3,500,000 is hereby accepted from the Virginia Department of Transportation's
12 State of Good Repair / Primary Extension Paving Program and appropriated, with
13 revenues increased accordingly, to CIP #100401, "Street Reconstruction II," for road
14 paving projects with the local portion for such paving projects to be provided by Capital
15 Project #100401.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day
of October 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services i y orney ffice
CA16656
R-1
September 17, 2024
33
ITEM— VI 17
ORDINANCESIRESOL UTIONS
ITEM#76224
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council
APPROVED,BY CONSENT, Ordinance to APPROPRIATE$5,000 from fee revenue to the FY 2024-25
Commonwealth Attorney Operating Budget re purchase supplies and support the operation of Drug
Treatment Court
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
October 1, 2024
1 AN ORDINANCE TO APPROPRIATE REVENUE FOR THE
2 DRUG TREATMENT COURT
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, THAT:
6
7 Estimated fee revenue of $5,000 is hereby appropriated, with revenue increased
8 accordingly, to the FY 2024-25 Operating Budget of the Office of the Commonwealth
9 Attorney for the purchase of supplies and to support the operations of the Drug Treatment
10 Court.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day
of October , 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services r60 ftiue
CA16653
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September 17, 2024
34
ITEM— VI X I
PLANNING ITEM
ITEM#76225
The following registered to speak.-
Eddie Bourdon, 4429 Bonney Road#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT
and invited the applicant, Tunde Adekoje to briefly expand on the energy efficient housing he would like to
develop.
After City Council discussion, Council Member Henley made a motion, seconded by Council Member
Wooten, to DENY application of ADEKOJE PJ 22001, LLC for a Conditional Change of Zoning from
AG-1 Agricultural to Conditional R-10 Residential re develop a ten (10)lot single-family subdivision West
of Bluegrass Lane&East of 2044 Aloma Drive DISTRICT 2 (Deferred from July 9, 2024)
Voting: 7—4 (FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Mayor Robert M. Dyer, Barbara M. Henley, Robert W. "Worth" Remick, and
Sabrina D. Wooten
Council Members Voting Nay:
Michael F. Berlucchi, David Hutcheson, Dr. Amelia N. Ross-Hammond,Jennifer
Rouse, Joashua F. "Joash" Schulman, Chris Taylor and Vice Mayor Rosemary
Wilson
Council Members Absent:
None
*Council Member Berlucchi advised he incorrectly voted and requested his verbal Nay vote be recorded.
October 1, 2024
35
ITEM— VI.K.1
PLANNING ITEM
ITEM#76225
(Continued)
Council Member Schulman then made a motion, seconded by Council Member Ross-Hammond, in which
City Council APPROVED,AS PROFFERED,application ofADEKOJE PJ 22001,LLCfor a Conditional
Change ofZoniMfirom AG-1 Agricultural to Conditional R-10 Residential re develop a ten (10)lot single-
family subdivision West of Bluegrass Lane&East of 2044 Aloma Drive DISTRICT 2(Deferred from July
9, 2024)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ADEKOJE PJ22001,LLCfor a Conditional Change of Zoning from AG-
1 Agricultural to Conditional R-10 Residential re develop a ten (10) lot
single-family subdivision West of Bluegrass Lane&East of 2044 Aloma
Drive (GPINs 1494389822, 1494389445, 1494480354) DISTRICT 2
(Deferred from July 9, 2024)
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the I S`day of October Two Thousand
Twenty Four.
Voting: 9-2
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, Chris Taylor and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley
Sabrina D. Wooten
Council Members Absent:
None
October 1, 2024
ID a EI MADDo
o s7.5
i� R7.5
m -
O
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AG�1
AG 1 R1�0
AG2
N
® site Adekoje PJ 22001 , LLC
Property Polygons w E
Parcels west of Bluegrass Lane S
Zoning Building & east of 2044 Aloma Drive
Feet
0 4080 160 240 320 400 480
G�N�BFA
J�4` J� CAL
O4 ��
k CITY OF VIRGINIA BEACH
- _ INTER-OFFICE CORRESPONDENCE
OF OUR NPT10N5
In Reply Refer To Our File No. DF-10847
DATE: September 20, 2024
TO: Mark D. Stiles DEPT: City Attorney
FROM: Victoria Eisenberg DEPT: City Attorney
RE: Conditional Zoning Application; Adekoje PJ 22001, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 1, 2024. 1 have reviewed the subject proffer agreement, dated
April 22, 2024 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
VRE/ka
Enclosure
cc: City Manager
ADEKOJE PJ 22001, 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 2Z day of 2024, by and between ADEKOJE
PJ 22001, LLC,a Virginia limited liability company,party of the first part,Grantor; and THE CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the
second part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of three parcels of land located in the
Princess Anne District of the City of Virginia Beach containing approximately+/- 7.5 acres which
are more particularly described on Exhibit "A" attached hereto and incorporated herein by this
reference. Said parcels are herein referred to as the "Property"; and
WHEREAS,the party of the first part,as owner of the Property,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 the Property from AG-1 Agricultural
District to Conditional R-10 Residential District; and
WHEREAS,the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation;and
WHEREAS, the Grantor acknowledges that the 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
GPIN: PARCEL ONE 1494-38-9822-0000
PARCEL TWO 1494-48-0354-0000
PARCEL THREE 1494-38-9445-0000
Prepared by:
Mark R.Garrett,Esq.,VSB#96982
Sykes,Bourdon,Ahern&Levy,P.C.
4429 Bonney Road
Suite 500
Virginia Beach,Virginia 23462
are not generally applicable to land similarly zoned are needed to cope with the situation to
which the Grantors'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 Residential 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 apart 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 of
compulsion or " p-ro "for zoning, rezoning, site plan, building permit, or subdivision
approval, 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
covenant and agree that this declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantors, their successors, personal representatives, assigns, grantees, and other
successors in interest or title:
1. When the Property is subdivided and developed, it shall have the entrance,
neighborhood identification sign, street section, street trees, minimum front yard building
setbacks,neighborhood playground,and open spaces substantially as depicted and described on
the exhibits entitled,"Green Park Conceptual Master Plan,Virginia Beach, Virginia"dated April
3, 2024, prepared by Adekoje Architects, LLC,and "Signage Plan& Elevations,A2.0"dated June
15, 2022, prepared by Adekoje Architects, LLC, copies of which have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter collectively, the "Conceptual Subdivision Plans'), and are incorporated herein by
this reference.
2. When the Property is developed,it will be subdivided into no more than ten(10)
single family residential building lots. The ten (10) new homes will be built with a crawlspace
or a raised slab foundation and they will contain a minimum of 3,000 square feet of living area
and a two (2) car garage. The homes constructed on Lots 1 through 10 as designated on the
2
Conceptual Subdivision Plan shall have their front entry facing the street with the architectural
features and exterior building materials substantially as depicted and designated on the exhibits
designated "Green Park Home Elevations pages A1.0,A1.1,A1.2, and A1.3" dated July 20,2022,
prepared by Adekoje Architects, LLC, which have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department of Planning(hereinafter collectively
"Home Elevations"),and are incorporated herein by this reference.
3. When the Property is developed, the party of the first part shall record a
Declaration submitting the Lots,parcels,and where applicable any easements outside the public
rights of way to a mandatory membership Home Owners'Association which shall be responsible
for maintaining all open spaces, park areas, common areas, including any improvements and
equipment thereon, entrance feature signage and other improvements on the Property as
depicted on the Conceptual Subdivision Plan.
4. The final stormwater management plan submitted to the Development Services
Center(DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall
comply with the Stormwater Management Ordinance.
S. Further conditions may be required by the Grantee during detailed Subdivision
review and administration of applicable City Codes by all cognizant•City agencies and
departments to meet all applicable City Code requirements.
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, shall continue in full force and
effect 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 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
3
said instrument as conclusive evidence of such consent, and if not so recorded,said instrument
shall be void.
The Grantor covenant and agree 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 insure compliance with such conditions,including mandatory
or prohibitory injunction,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 the 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 name of the Grantors
and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
ADEKOJE PJ 22001, LLC, a Virginia limited liability
company
By: (SEAL)
Babatunde Adekoje, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this Z2A4 day of
2024, by Babatunde Adekoje, President of ADEKOJE PJ 22001, LLC, a Virginia limited liability
company, Grantor.
Notary Public ••��������"'��.,
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My Commission Expires:_ 1-31- 20 26 "WCGN
Notary Registration Number: I9-4430 iZ v 0:
s>- 197430 z
I was commitWoned as Cynfta G.F FAm to .�
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5
EXHIBIT "A"
Parcels 1 &2:
ALL THAT certain tract, piece or parcel of land, formerly situate, lying and being in Seaboard
Magisterial District, Princess Anne County, Virginia, now in the City of Virginia Beach, Virginia,
and being a part of the land which John T. Brown resided and described on a plat made by E.E.
Burroughs as follows:
BEGINNING at post in Gould's line and running S 81 E. 7.00 post,S 4 E. 1400 S 81 Y2 E.6.44 Ditch,
S. 19 W 6.29 Ditch N. 60 3/4 W. 1088 N. 27 (1/4 E. 352 N. 21 Y4 W 15.92 to the beginning and is
described in said plat as containing nine (9) acres,more or less.
LESS and EXCEPT those portions of property conveyed by deeds recorded in Deed Book 658 at
page 497, Deed Book 1090 at page 210 and in Instrument Number 20181219001039750.
GPINs: 1494-38-9822-0000; 1494-48-0354-0000
Parcel 3:
ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, formerly known as Seaboard Magisterial District and Princess Anne County, Virginia,
and designated as Parcel B containing 1.75 acres, more or less, on the Subdivision Bowen River
as shown on the Plat of William C. Etheridge and Herman and Vernell Rodgers,duly of record in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 83 at
Page 9,together with the building thereon.
GPI N: 1494-38-9445-0000
6
36
ITEM— VI.L
APPOINTMENTS
ITEM#76226
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA INDUSTRIAL FACILITYAUTHORITY
HEALTH SERVICES ADVISORYBOARD
HISTORICAL REVIEW BOARD
STORMWATER MANAGEMENT IMPLEMENTATIONADVISORY GROUP
URBAN A GRICUL TURE ADVISORY COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
October 1, 2024
37
ADJOURNMENT
ITEM#7622 7
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.08 P.M.
Terri heliu
Chief Deputy City Clerk
Ama ar es,WCA Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
October 1, 2024
38
OPEN DIALOGUE
The following registered to speak.-
Dennis Jemison, 4005 South Plaza Trail, Phone: 790-7972, did not respond
Saher Mirza, 3940 Meeting House Road, Phone: 919-302-2274, expressed OPPOSITION to Israel/
Palestine conflict
Tim Erskine, 2084 Shubert Drive, Phone: 614-354-2184, expressed his concern of situations when there is
a red flag warning in effect and when the lifeguard leaves, he/she takes the flag with them, leaving the
public with no way of knowing of the red flag warning in effect. Mr. Erskine requested permanent flag
poles to be placed at beach access points to allow a flag to be left up during weather conditions, with
a written description of the purpose of the red flag warning in several different languages
Joseph Mahachek, 1228 Graylyn Road, Phone: 845-239-7474, spoke about his initiative for cemeteries in
the City to participate in the annual Wreaths Across America event. Mr.Mahachek explained wreaths
are placed at the headstones of military veterans in 3,800 cemeteries all over America each year on
December 14'h at 9:00 A.M., in each prospective time zone to honor military veterans.
Sally Gudas, 9419 Selby Place, Norfolk, Phone: 804-399-8342, expressed OPPOSITION to Israel/
Palestine conflict
Nihal Gokus, 4701 Hermitage Road, Phone: 277-3884, expressed OPPOSITION to Israel/Palestine
conflict
ADJOURNED at 7.24 P.M.
October 1, 2024