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HomeMy WebLinkAboutJANUARY 14, 2025 SPECIAL FORMAL SESSION MINUTES o®� u +i k B op OUII N�To� VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia JANUARY 14,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL SPECIAL FORMAL SESSION in the City Council Conference Room, Tuesday,January 14, 2025, at 2:00 P.M. Council Members Present: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse-Maternity Dr.Amelia N. Ross-Hammond—arrived at 2:11 P.M. 2 MAYOR'S CALL FOR SPECIAL SESSION ITEM#76541 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,January 14, 2025 2:00 P.M. City Council Conference Room 2034 Building 1, City Hall, 2"d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to allow City Council to convene into a Closed Session at the conclusion of the regularly scheduled Formal Session where the following matters will be considered: • Publicly Held Property District 3;District 6;District 6 • Personnel Matters - Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies, Task Forces and Appointees At the conclusion of the Closed Session, the City Council will reconvene into Open Session for the purpose of certifying the Closed Session. Sincerely, Robert M. Dyer Mayor" cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office January 14, 2025 tA•B�F,,gc� L Cityof Virginia Beach r= L �0f`oLR ,1%0 5 Robert M."Bobby'Dyer VirginiaBeach.gov MAYOR MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)-385.4581 CELL:(757)-749-4659 BDYERaVBGOV.COM January 9, 2025 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-2 1, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday,January 14,2025 2:00 P.M. City Council Conference Room 2034 Building 1, City Hall, 2nd Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to allow the City Council to convene into a Closed Session at the conclusion of the regularly scheduled Formal Session where the following matters will be considered: • Publicly Held Property District 3; District 6; District 6 • Personnel Matters - Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies, Task Forces and Appointees At the conclusion of the Closed Session, the City Council will reconvene into Open Session for the purpose of certifying the Closed Session. Sincerely, Robert M.Dyer Mayor cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Office Communications Office 3 CITY COUNCILS BRIEFINGS GENERAL ASSEMBLY UPDATE ITEM#76542 2:02 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 today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. McKenzie for the presentation. January 14, 2025 �`4G��IA,Bs�q•� o� 1. OF BUR N1{�O 2025 General Assembly Week 1 update Brent McKenzie, Legistative Affairs Director VIRGINIA v-B- CITY OF 2025 General Assembly Update Today's update: • Key dates and organizing information • Status of Legislative Agenda items • Legislation of interest • Bill position requests Goal of today's presentation is to provide an update on the General Assembly session and to ascertain the Council's position on key bills coming up for a vote. 2 2025 General Assembly • 2025 is a 46-day "short" session; (60 days in even-numbered years) • Filing deadline for legislation is Friday, January 17th at 3:00pm • 1 ,762 pieces of legislation (and counting!) • 1 , 136 in House 1 626 in Senate • VML Local Government Day, Thursday, January 30th • Crossover; Wednesday, February 5th • Chamber of origin to complete its Budget; Wednesday, February 12th • Sine die; Saturday, February 22nd • Reconvene Session; Wednesday April 9th at noon 3 VB I Code • Resolutions • "Good Friday" First Responders Fund HB 2494 Delegate Askew HB 2494 Committee Referral Pending SB 972 Senator Rouse SB 972 Referred to Committee on General Laws and Technology ABC Store Larcenies HB 1925 Delegate Ward HB 1925 Committee Referral Pending SB 1297 Senator Craig SB 1297 Referred to Committee on Rehabilitation and Social Services Increase the Fire Programs Fund HB 2069 Delegate Garrett Committee Referral Pending Property Title Report in Eminent Domain HB 1690 Delegate Convirs- Assigned Courts sub: Civil Proceedings Fowler Obstruction of Right-of-Way Violations HB 1966 Delegate Tata Committee Referral Pending Short-Term Rental Delisting HB 1688 Delegate Convirs- Referred to Committee on Counties, Fowler Cities and Towns Zero Waste Awareness Week HJ 446 Delegate Feggans Committee Referral Pending Affordable Housing HB1701 ; HB2048: Housing Opportunity Tax Credit — Increasing the annual SB828 threshold and the extending the sunset Economic Development HB1616 Workforce Development for Offshore Wind Industry Education SB1307 Local authority to call for a referendum on a 1% sales tax for school construction Fiscal Responsibility and S131312; HB2164 Reimbursement to localities for 100% disabled veteran's tax Budget Impacts deduction Fiscal Responsibility and HB2488 HB 2488; Local tax authority; nicotine vapor products. Budget Impacts Flooding and Stormwater SB1337; HB1949; Commonwealth to study state support for local CSRM projects HJ434 Public Safety SB852; SB1233; All are legislation that would expand a localities authority to HB1664; HB1673; utilize speed cameras including legislation that would expand HB1666; HB2041 that technology to stop signs and pedestrian crossings Public Safety HB2461 Disaster Assistance Fund; established.P . Energy HB2113 Solar Interconnection Grant Fund and Program; established Energy HB2126; S131190 Virginia Energy Facility Review Board established; localities; comprehensive plan and local ordinances related to siting of critical interconnection projects; planning district commissions; regional energy plans; Virginia Clean Energy Technical Assistance Center established. Transportation SB1097; HB1982 Commonwealth Mass Transit Fund Transportation HB2466 Hampton Roads Interstate Highway Corridor Improvement Program and Fund; Hampton Roads Highway Coastal Resilience Program and Fund; sales and use tax; Planning District 23. Land Use HB1832; SB932 Zoning; development and use of accessory dwelling units Land Use SB975 Statewide Housing Targets Land Use SB1330; HB1557 Short Term Rental Registry • • AN • HB1793; Delegate Captain Matthew "Chevy" This legislation would name the bridge near 1-264 and Feggans Chiaverotti Memorial Bridge. Rosemont Road after Captain Chiaverotti. HB1868; Delegate Real property tax exemption; This legislation seeks to allow localities to provide a 100% Feggans surviving spouses of members tax exemption for the surviving spouse of members of the SB895; Senator Rouse of the armed forces who died in armed forces who died in the line of duty and to allow SB900; Senator the line of duty. those who died from suicide to qualify for the exemption. DeSteph HB1687; Delegate Virginia Beach, City of; This is the same charter legislation from last year that the Convirs-Fowler amending charter, transition of Governor vetoed that would have codified the 10-1 system city council. into the charter. SB814; Senator Rouse Election of certain governing This is the same legislation from last year that the bodies; conversion to single- Governor vetoed that would have provided additional member districts. authority for the city to change its election system to the 10-1 system. SB1087: Senator New Maintenance of vegetative Authorizes a locality to require an owner of property that Craig growth on certain property was formerly used as a golf course but where such use has been discontinued to cut or maintain the vegetative growth • Bill • HB2153; SB1178 Faith and housing; comprehensive plan; zoning; Department of Housing and Community Development. Grants authority to localities to adopt a variety of strategies intended to encourage and facilitate the development of affordable housing on property owned by religious organizations or tax-exempt nonprofit organizations. The bill allows localities to request administrative support from the Department of Housing and Community Development in the preparation of a faith and housing ordinance. HB2438; SB1114 Local regulation of solar facilities; special exceptions. Provides that a ground-mounted solar energy generation facility to be located on property zoned agricultural, commercial, industrial, or institutional shall be permitted pursuant to various criteria to be included in a local ordinance, such as specifications for setbacks, fencing, solar panel height, visual impacts, and grading, and a decommissioning plan for solar energy equipment and facilities. HB1711 Mass Violence Care Fund established. Creates within the Criminal Injuries Compensation Fund the Mass Violence Care Fund as a subfund for the purpose of reimbursing victims or claimants of mass violence, defined in the bill, for unreimbursed medical expenses related to a mass violence event, defined in the bill. The bill directs the Virginia Workers' Compensation Commission to promulgate guidelines and criteria for the payment of claims from the Fund within one year of the effective date of the bill. ' • . • • ' • '40 • • • • • Bill & Patron WIM1111t.-M HB1963 — Virginia Military Community Infrastructure Grant Program; In the event that federal Delegate Tata matching funds are not available, the bill provides that such grants may be made to other projects that promote the objectives of the Program. HB1726; SB757 Trespass with an unmanned aircraft system; contracted defense facility; penalty. Creates a Class 4 felony for any person who knowingly and intentionally causes an unmanned aircraft system to enter the property of a contracted defense facility HB1901 ; SB927 Virginia Sports Tourism Fund. Creates the Virginia Sports Tourism Fund, to be Administered by the Virginia Tourism Authority S131086 — HOT lanes; high-occupancy requirement; law-enforcement vehicles. Expands the Senator New currently permitted uses of high occupancy lanes by law-enforcement vehicles regardless Craig of the number of occupants in the vehicle to include responding to a call for law- enforcement services and patrolling HOT lanes within the law-enforcement officer's jurisdiction while such law-enforcement officer is on duty. Ah • Alk SB1158 Eminent domain; condemnation proceedings. Makes various changes to provisions governing eminent domain, primarily relating to procedures in condemnation proceedings and the transfer of a defensible title by certificate. HB2127 Telework by local government employees. Establishes a framework for localities to establish and implement a telework policy for local government employees. The bill specifies that such policy shall require all employees applying for telework to submit a standard telework agreement as provided by the locality and shall include provisions requiring (i) department head approval for any telework agreement where one telework day per week is requested, (ii) chief administrative officer approval for any telework agreement where two telework days per week is requested, and (iii) local governing body approval for any telework agreement where more than two telework days per week is requested. The bill has a delayed effective date of July 1 , 2026. HB2094 High-risk artificial intelligence; development, deployment, and use; civil penalties. Creates requirements for the development, deployment, and use of high-risk artificial intelligence systems, defined in the bill, and civil penalties for noncompliance, to be enforced by the Attorney General. The bill has a delayed effective date of July 1 , 2026. Discussion & Questions v� 4 CITY COUNCILS BRIEFINGS INNOVATION PARK UPDATE ITEM#76543 2.27 P.M. Mayor Dyer welcomed Amanda Jarratt, Deputy City Manager. Ms. Jarratt expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms.Jarratt for the presentation. January 14, 2025 V 0 0 0 irginia Beach Innovat *ion a r Amanda Jarratt, Deputy City Manager City Council Briefing January 14, 2024 Purpose • Provide a history of Virginia Beach's Innovation Park • Review the current status of the Park and Industrial Land in the City Pro Jorl gim NN .. dKEss r 1 A' 1 e�;a n; w is f , r t yye�tt m" Location • The Innovation Park is located with => ` Princess Anne Commons Special Ur Economic Growth Area (SEGA) 4 of the current Comprehensive Plan. - o • Princess Anne Commons is ---------- designated as a SEGA in recognition of its economic development ` r ' opportunities based on the existing -� it.. r. medical, research, entertainment, recreation, and athletic facilities in the area and the suitability of such LEGEND I INNOVATION PARK uses within the Interfacility Traffic - ECoNOM GO(NTHAREA r� ( ). ..INTERFAOOTY TRAFFIC AREA(ITA) Area (I TA). PROPERTY LINES j k' AIRCRAFT NOISE LEVELS R l 6S70 d8 70-75 dS 175 d8 -�� 0 0 S 10 �� . •���. I I ES Background • 2014 - Mayor Sessoms established the 'Virginia Beach Biomedical and Health Sciences Task Force' P to explore the creation of a biomedical and healthcare hub in Princess Anne Commons. After a , Jo conducting a market study, the Task Force examined the benefits of diversifying the City's economy with biomedical and healthcare industry growth. The Task Force determined that the m� Vim. T._� •" o A� creation of a Biomedical Park in Princess Anne . Commons would be an effective method for the promotion of those industries. .a yvYs s. w i • April 2016 - 150-acre conveyance to VBDA to CONCEPTUAL MASTER PLAN-OPTIONA /\ ETA CORPORATE PARK DEVELOPMENT 214'J!M promote the expansion of the biomedical and ''.17 Y OF VIRGINIA RFACH FCONOMIC OEVELOPMEN I KIMLEY-HORN AND ASSOCIATES/WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS healthcare industry in the City • December 2016 - Conditional Rezoning from AG-1 2014 Conceptual Park Master Plan & AG-2 to 1-1 with Design Guidelines and Proffers Adopted Background Cont. 2017 ITA Plan Park Vision : `. -;, • Regional trail network to be g incorporated throughout park • Wooded area adjacent to Princess Anne Road to be preserved Bio-7e h • Development to be consistent with ExII)and e`' �Pa Recreational Fields The 2016 Princess Anne Commons ` lop Design and Development Guidelines • Park to incorporate stormwater , best practices and incorporate low- {��a impact development principles 2017 ITA Plan Vision for the VA Beach Bio Park Background Conte, Biomedical Industry in Virginia Beach 0 May 1 Beach • Infrastructure ' ' Economic Development pivoted in 2020 from the • 1 1 adopted by VB Beach Bio Park to the Innovation Park based Council • 111 to design and on a number of factors: construct phase o • The biomedical ecosystem (work force & Infrastructure o support - P" rk higher ed) in Virginia Beach was not developed 0 May 1 Beach Bio Infrastructureenough to attract biomedical companies Phase I CIP . 1 1 - to $3,71 • / / / adopted by o Biomedical attraction is ongoing, but has shifted to smaller domestic recruitment and 1 • to 2020 phase of Parkretention efforts that are aligned with an Infrastructure construction completed office rret - July 2020 — 14.4 acres sold to YCH LLC for • The pandemic caused a surge in advanced medicalthree office buildings formanufacturing markets, causing the expansion Mil (was never constructed . • of the Park's focus to keep and grow key recaptured by 1 businesses in Virginia Beach Background Cont. • Oct. 2020 — Growth and Opportunity VA State Site Readiness INNOVATION Grant received from Commonwealth for $866,900 to help fund PARK sanitary park infrastructure expansion DESIGN AND DEVELOPMENT • May 2021 — VA Beach Innovation Park Infrastructure II CIP GUIDELINES (#100576) is adopted by City Council for $6,000,000 the second phase of infrastructure to extend Hudome Way and long-range planning for the entire park. • May 2023 - VA Beach Innovation Park Infrastructure II CIP -- (#100576) project cost increased is adopted by City Council for $18,659,000 %- • June 2023 — Innovation Park Design and Development = , Guidelines and Proffer Updates adopted by City Council to provide more guidance for contemporary light industrial/advanced manufacturing buildings and add aNUnR�20:3 / virginia additional protections for the Princess Anne corridor viewshed ADOPTED ON'UNE20.2023 beach • Oct. 2023 — Phase 11 Infrastructure construction began Innovation Park Context Map w �:„ �.� Innovation Park Context Map January 3,2025 711 Interfacility Traffic Innovation Park Area(ITA)Overlay Silo Project Area # VB National Golf Area outside of ITA 0 600' 1,200' 04, Ti � • 1 a i O'kYZ �, �9I e Innovation Park Current Status - (Signal coming PRINCESS ANNE RD spring 2025) VBDA ` VBDA~', ! 3.9 AC �� t5.8 ACRES`. � I ;3.75DEV.( VBDA s t ±17.1 ACF ES �.� — — VBDA TOURNAMENT DR (s12 6 p ) t4.8 ACRES ACOUSTI AL — ~F SHEETM TAL _ ��-- PUMP STATION VB --�`� ll/ VB NATIONAL FIELDHOUSE ti GOLF CLI18 W - MULTI-PURPOSE ` 0 2�0 SQO t,000 N 2 TRAIL FEET 3 INNOVATION PARK VS SPORTSPL EX N MASTER DEVELOPMENT PLAN DECEMBER 20.2024 virginia beach LEGEND INNOVATION PARK LIMITS EXISTING STORMWATER POND �e EXISTING BUILDING 7 FUTURE STORMWATER POND 0 c2�v. AVAILABLE PROPERTY WETLANDS/PRESERVATION AREA e (ZONED 1-1) 'o Innovation Park Businesses Acoustical Sheetmetal Company (ASC): PF2 m • Manufactures sound-reducing weather-protective enclosures for power equipment • Dec. 2020 — ASC purchased 19.3 acres for $1.35 Mil First 100,000 SF facility completed in 2021 (Land Incentivized as City s Commonwealth Opportunity Fund Match) for a $16.5 Mil A manufacturing facility. • March 2023 — ASC purchased 5.1 acres for 350k for jo parking needed to accommodate their second, $26.4 A ` y Mil manufacturing facility "t �r • Total of 380 new jobs created and $43 Mil invested to date • Generates approx. $250k/year in real estate taxes NG3 Second 135,725 SF facility completed in 2024 Innovation Park Businesses . a Architectural Graphics Inc. (AGI) : PFo , { r • Provides branding services and signage solutions to a diverse set of clients • May 2022 — 40.1 acres sold to AGI for $4.6 Mil (Incentive Contribution) for a multiphase, First 210,000 SF facility construction underway 410,000 SF manufacturing facility and corporate headquarters • Oct. 2023 — AGI facility and Innovation Park AD* Infrastructure Phase II construction began 500 retained jobs anticipated • Phase one capital investment: $41 Mil • A second 200,000 SF addition is being planned, estimated at $28 Mil Completion anticipate Fall 2025 PF1 Industrial Demand • 4,237 Acres of Industrial PF2 PFo Zoned Land in Virginia Beach i BeMach • 115 Acres, or 2.7%, of Average Vacancy Rate 4.6% 3.6% industrially zoned land is 12 Month New Absorption SF 198,200 SF 770,378 SF currently undeveloped and Average Market Asking Rent/SF $11.85 $10.42 for sale Industrial-Zoned Land For Sale 115 Acres 2,438 Acres • 27% of the undeveloped Average Size of Industrial- industrially zoned land for Zoned Parcel For Sale 9.6 Acres 14 Acres sale in the City is within the Largest Industrial-Zoned Parcel Innovation Park For Sale 38.6 Acres 708 Acres NG3 Smallest Industrial-Zoned 3.0 Acres 0.4 Acre Parcel For Sale Source: Costar December 2024 Innovation Park Potential Expansion Options Contiguous: PRINCESS ANNE RD • Would require ITA Amendment ; VBDA \ 1 (3.75 DEV.) VBDA and conditional rezoning from AG _ t17.,AC4S (±�z.6 DE'V.) x to Industrial L • Rough Order of Magnitude ; ` AGE i Infrastructure Costs = $5-$7 Mil - - \'\ � t�� ! Q: PUMP ST, • Conflicts with ITA Sports Center r l ` ter U1 V.S n MULTI-PURPOSE TRAIL LU � ` 29 Acres 21 developabll 'PLEX ti U �% 1 1 1 01 ,,� Innovation Park Potential Expansion Options Non-Contiguous: SS • Would require ITA t s .. Amendment and F`kRo s Innovation ',Sports Complex conditional rezoning 4 : Park y°p v from AG to Industrial - " " ��"� � • Rough Order of PHASE, Magnitude SK PRACTICE CROSS Virginia Beach COUNTRY COURSE '` f i r� National Infrastructure Costs _ $25-$30 M i I - _ •' °Municipal Center Acreage: 605.1 (+/-450 developable) SEGA 4 �Interfacility KA'.AA LAUNCH a{ Brown (Princess Traffic Area Farm ao ",VAG NO",A t' Anne Parcels Commons) city Property Questions 5 CITY MANAGER'S BRIEFINGS TOWN CENTER SSD UPDATE ITEM#76544 3:40 P.M. Mayor Dyer welcomed Emily Archer, Deputy Director—Economic Development. Ms. Archer expressed her appreciation to City Council and distributed copies of today's presentation, attached hereto and made a part of the record. Council Member Schulman advised he is a tenant at Town Center and has filed a Disclosure Letter with the City Clerk, attached hereto and made a part of the record Mayor Dyer expressed his appreciation to Ms.Archer for the presentation. January 14, 2025 Jti4G�NkBE9c� 04 U City of Vi rgi rii a B each 2 1a �r u �p BUR NAS00N xum JOASHUA F."JOASH"SCHULMAN CELL:(757)840-1291 COUNCIL MEMBER EMAIL. DISTRICT 9 File No. 0092623 January 14, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion of the Town Center SSD. The Council received a briefing on shortfalls in the SSD, and a potential budget ordinance to address the SSD shortfall was discussed. 2. I have a personal interest in Town Center Office Suites, LLC, which has a principal office address of One Columbus Center, Suite 600, Virginia Beach, Virginia 23462, and Joashua F. Schulman, P.C., which has a principal office address of One Columbus Center, Suite 637, Virginia Beach, Virginia 23462. Both businesses are within the SSD. 3. I am a member of a group—tenants within Town Center—and the members of the group are affected by the shortfall. 4. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 5. If a budget ordinance is brought forth to address the shortfall, I will supplement this initial disclosure with a disclosure that is specific to that ordinance. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Amanda Barnes -2- January 14, 2025 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Joashua F. Schulman, Esq. Councilmember RWR/RRI AL F f �wnwwwwwrrwwt .• .:N�11"► .,, _ _. �.. ..,. .. Ewwrace,� ,y�,+�� �irwwwwnwwww , i�.;_. .Iw . _. "`*. : 'Mon • Purpose • Provide a background Town Center Special Service District (SSD) Fund tom. Review current status and challenges with the SSD Fund Present alternatives for City Council s - M, i K consideration to make the SSD sustainabler R :w SSBackground . • The Town Center SSD was created by Council action A$� on May 14, 2002 to fund operating expenditures related to Town Center maintenance and operations. • Funded through a real estate surcharge tax rate: - s • FY 2002-03 of 57 C • FY 2007-08 of 50 C • FY 2008-09 of 45 C00 • Base year assessments = $18.51VI `� >.. ► • FY 24 assessments = $535.91M • $87.91VI (Residential) • $448M (Commercial) N v i �• V / fA 1 Q65 a 14 lot 2440 ., IA[ k 4� 4-4-1 To � a r 5n6 :, k. , - � _ ... ,. •.� °� � wmtl4 MiF+tt,a,�nt+�a6'tX�` • 4611 40 �. 117 • 4: • 4535-200 g• 52 1000 M 6 a; 4 u s 45-600 r 4605 SSD Fund Utilization Transfers to Other- Landscape Services Funds 4% 17% Garage Maintenance 23% Utilities, Custodial_ & Insurance 14% Plaza Maintenance 4% Block by Block Entertainment-,-," 12% Services 11% ----- Security Services 15% 5 Projections : FY2024 — FY2029 $4,500,000 - $4,101,829 $43$4,99- 98 $3,936,245 $3,866,576 $3,942,688 $4,021,082 $4,000,000 - -- 3,415,280 $3,466,684 19,068 $3,500,000 3 315 329 $3,364,834 7 — r i $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 - $500,000 $0 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 ■ Expenditures Revenue - FY24 FY25 FY26 FY27 FY2.8 FY29 Revenues Less o 62 1 2 8 (605,803) 1 66 Expenditures (g3 9) (55 47) (577, 53) (635, 45) ( 5�934) Cumulative Fund Balance 3,132,224 580�977 3,123 (602,680) (�,2371825) (1,903�758) 6 Challenges and SqS Guidance To Date • Trend of costs outpacing growth first noted in 2023 Five Year Forecast • At Briefing Nov. 21, 2023, City Council directed staff to monitor the SSD for another year and ` provide updated options for consideration in r the FY 2025-26 Budget 4. 4 • Based on actual spend and current revenue assumptions, J rojections still indicated the SSD p will be in a negative position in FY 2025-26 .w . 4 J L ;� A Alternatives for Consideration a r 1. Service Reduction: ,. • Primary focus on infrastructure maintenance 2. Rate Right-Sizing: • Ensure the surcharge tax rate is sustainable for all current services 3. Blended Approach . • Moderate reductions to service delivery and increase to ° r surcharge rate ,,,,,,. 4. Temporary Funding: • Alternative funding source(s) for immediate needs while further study is conducted and public input gathered 4 . TemporaryFundingAlternative Potential Temporary Funding from the Central Business District —South Tax Increment Financing (TIF) Fund • Current $12.9 Mil fund balance • Could declare a one-year $1,000,000 surplus for the SSD During the year evaluate Town Center public space maintenance needs and services comprehensively: • Conduct workshops, surveys, and public forums for input with commercial and residential stakeholders to reflect diverse perspectives • Gain feedback on community priorities for maintenance and services • Prioritize funds for impactful sustainable projects, avoiding short-term fixes • Address revenue generation with innovative and future-proof solutions Alternatives for - -- - Consideration 1. Service Reduction: ' • Primary focus on infrastructure maintenance 2. Rate Right-Sizing: • Ensure the surcharge tax rate is sustainable for all current services - 1 �. 3. Blended Approach : = • Moderate reductions to service delivery and increase to surcharge rate 4. Temporary Funding: • Alternative funding source(s) for immediate needs while further study is conducted and public input gathered rr; � Few ,a• n' n-e� ,n k s � .___.v®^s is 1► N➢�F7 �� :. { w F.s.■- .,-..-,. .a, �' r �=w a w w w w w w w na '_�. "' •,v No s ,r ■■.w.r a ns c • JIL. - *e,+k,ry 90 ■xrr y ; .. ........ ....• .... .an .,,. •..At , � - 6 CITY MANAGER'S BRIEFINGS SHORE DRIVE PHASE 3 PROJECT UPDATE ITEM#76545 4:02 P.M. Mayor Dyer welcomed L.J. Hansen, Director—Public Works. Mr. Hansen expressed his appreciation to City Council and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. January 14, 2025 ,g Vim► P F , ° . •j T � AL ,i y c M 4 f��' • r Fi< � C�' i, *" P r x J Purpose of Project • The purpose of this project is to improve safety for motorists, pedestrians, and bicyclists while providing the corridor with aesthetic elements such as landscaping, hardscape, and lighting. • Does not increase roadway capacity - no new lanes of travel. 2 VS Today' s Presentation — Cost Increases • October 10, 2024: Project advertised for construction bids • November 12, 2024: Bid Opening — ( Price Holds for 90 Days — Feb 11th) • Two bids were received above the Engineer's Estimate: • Engineer's Estimate (Combined PW, PU & HRSD): $48.2M • Excluding Contingencies • Bidder #1 : $68.7M - Low Bidder — Deemed to be a qualified bid • Bidder #2: $93.4M • Lowest Bidder Exceeded the Engineer's Estimate 3 VB Project History � • 2008: First appeared in the FY 2007-2008 CIP • 2010 & 2023: Funding transferred from Shore Drive Phase IV to this project • 2012-2014: Design suspended during flood study of Cape Henry Canal • 2014-2016: Stormwater modeling and design • 2016-Present: • Design revised in coordination with the Eastern Shore Drive Drainage Flood Protection Program projects to meet new SW design • Private Utility relocations • Real Estate acquisitions 4 VB Current Project Scope • 1.2 miles of new road with curb and gutter from Vista Circle to Beech Street • Raised medians with landscaping/hardscape materials • 5-foot-wide on-street bike lane • 5-foot-wide concrete sidewalk, except between Lesner Bridge and Jade Street • 10-foot-wide shared-use path from the Lesner Bridge to Jade Street to provide a connection to the Cape Henry Trail • New drainage pipes and structures • Property entrances consolidated and oriented to the side streets where practical • Raised roadway profile to address areas of known flooding 5 eProj1ect Sco p • Overhead utilities will be relocated and placed underground at the intersections and mid-block crossings to improve visibility as well as aesthetics • New streetlights and upgraded traffic signals with mast arm signal equipment • Stamped asphalt crosswalks and improved signage • Landscaping between the curb and the sidewalks "4 iy! Project FundingDeficit Engineer's Estimate: $48.2M Bidder #1: $68.7M * Bidder #2: $93.4M * DPW Roadways Deficit: $21.8M (includes 10% contingency) DPU Betterments Deficit: $4.2M HRSD Betterments Deficit: $1.6M Total Deficit: $26.OM — (Does not include HRSD Portion) *Bid prices expire February 10, 2025 7 4 ham_ Large Cost Drivers • Signals & Lighting: $6.7M • Contractor could only obtain one sub-quote (from Richmond) • Pavement & Patching Items: $2.OM • Concrete Pipe: $1.5M • Ductile Iron Water Main : $1.OM • Ductile Iron Sewer Force Main : $600K • Contaminated groundwater/soil : $800K • Landscaping: $500K • Maintenance of Traffic: $7.5M • Contractor attributes to night work, traffic control s Contractor Challenges • Constructing the project on an active roadway with limited ROW • Maintaining four lanes of traffic, pedestrian access, and drainage • Daytime and Seasonal work hour constraints • Night Work: two full crews, daily lane shifts/traffic control, concrete & asphalt difficult to obtain • Detour -18 miles • High water table complicates excavations, requires dewatering • Utilities crossing multiple live traffic lanes 9 VB Market Challenges • Recent bid tabulations are not directly comparable due to night work • Saturated Local Construction market: • HRBT expansion, CBBT expansion, CV Off-Shore Wind, State and Local projects competing for resources • Received only two bids • Inflation, interest rates, and labor shortages (American Rescue Plan 2021, Infrastructure Investment & Jobs Act 2021, CHIPS and Science Act 2022, Inflation Reduction Act 2022) • Cost of Highway Materials National Inflation (2021 Q1 — 2024 Q1) 91%* *National Highway Construction Cost Index 10 Potential Savings Discussion with Low Bidder • $2M if daytime lane closures are permitted for 8+ hours (no reduction in contract time offered) • $1.2M if Ductile Iron Sewer Force Main changed to directionally drilled High-density polyethylene ( HDPE) pipe • Would require design revisions: -$50K, up to 8 weeks • $1.7M in reduced unit prices for select Signals & Lighting items • $300K if City provides a laydown area for materials, trailers, equipment Alternatives for City Council to Consider 1. Do nothing, cancel the project, reallocate funds to other projects + Positive impact to other CIP projects - Project strongly supported by Advisory Groups for 20+ yr - Impacts Eastern Shore Drive Drainage Improvements projects 2. Defer project until market conditions improve and/or additional funding is appropriated + No impact on CIPs - Delay will not meet expectations of residents and stakeholders - Costs likely to increase with time 12 VS Alternatives for City Council to Consider 3 . Modify Scope and Rebid the project + Can provide longer bid window to attract contractors + Potential to include cost-saving design revisions - Delays project, bids could increase, could receive no bids 4. Fund Deficit from PW Roadway and PU CIP projects or another Council Funding Source + Allows project to advance - Impacts donor project delivery schedule - Requires Ordinance — Feb 4th 13 VB Potential Donor Projects Potential Project • • Available Indian River Road VII-A $ 36,776,661 Rosemont Road Phase V $ 14,329,473 Centerville Turnpike III $ 41,982,274 Cleveland Street IV $ 13,377,949 Discussion Questions . VBCITY OF VIRGINIA %.� BEACH 100381-Shore Dr Phi-Funding Summary Description Cost Budgeted Funding Needs Budget Summary Project Funding Deficit Details Roadavays Budget for Construction 5 40,799,211 Public Utility Betterments $ 5,300,000 HRSD Betterments S 2,062,628 Total Project Funding $ 48,161,839 Cost Summary Bid Summary Low Bid Roadway 5 55,529,446 $ 40,799,211 S 14,730,235 Public Utility Betterments S 9,494,000 5 5,300,000 5 4,194,000 HRSD Betterments S 3,697,450 S 2,062,625 S 1,634,822 Subtotal: $ 68,720,896 $ 48,161,839 $ 20,559,057 Remaining Roadway CIP Items Outstanding Private Utilities $ 75,000 $ - $ 75,000 Outstanding Acquisition 5 2,853,252 $ - $ 2,853,252 - Construction Manager $ 1,600,000 S - 5 1,600,000 FOR CN Services $ 364,000 $ 5 364,000 Roadway Contingency (10%of CN $ 5,560,445 $ - S 5,560,445 Roadway Funds Available $ (3,382,346) $ (3,382,346) Subtotal $ 7,070,350 Shortfall Summary Road�•vay CIP: S 21,500,585 Public Utility CIP: 5 4,194,000 HRSD: S 1,634,822 Total Shortfall: $ 27,629,407 7 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#76546 4:38 P.M. Mayor Dyer welcomed Kaitlen Alcock, Planning Administrator. Ms.Alcock expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms. Alcock for the presentation. January 14, 2025 PLANNING ITEMS JANUARY 21ST CITY COUNCIL MEETING JANUARY 14, 2025 CITY OF VIRGINI .�,. BEAR'`' a' SUMMARY — January 21ST 9 Planning Items Scheduled for City Council's Consideration 1. The City of Virginia Beach Development Authority & Atlantic Park, Inc. Oevelopnient Authority&Atlantic Park • Major Entertainment Venue Sign FWM Residential Rental Properties.LLC Green Clean Holland,LLC • Recommended for Approval by Planning Commission & Staff 2. John Overstreet Dam Neck Associates,LLC • Change in Nonconformity John Overstreet • Recommended for Approval by Planning Commission & Staff 3. Dam Neck Associates, LLC • Conditional Rezoning (A-18 Apartment District & B-2 Community Business District to Conditional B-4 Mixed-Use District • Recommended for Approval by Planning Commission & Staff 2 VS ... _>, „5v,. a a,„a3:sib,: >✓ ..,... s z '1,,:',a" SUMMARY — January 21ST 9 Planning Items Scheduled for City Council's Consideration 4. Dam Neck Associates, LLC • Modification of Proffers :Development • Recommended for Approval by Planning Commission & Staff FVVM Residential Rental Properties.LLC Green Clean Holland,LLC 5. FWM Residential Rental Properties, LLC VeonC3 Evans Dam Neck Associates,LLC • Conditional Rezoning (R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District) John Overstreet • Recommended for Approval by Planning Commission & Staff 6. FWM Residential Rental Properties, LLC • Conditional Use Permit (Commercial Marina) • Recommended for Approval by Planning Commission & Staff 7. Green Clean Holland • Conditional Use Permit (Car Wash Facility) • Recommended for Approval by Planning Commission & Denial by Staff 3 SUMMARY — January 21ST 9 Planning Items Scheduled for City Council's Consideration EL 8. Veonca Evans • Conditional Use Permit (Family Day-care Home) • Recommended for Approval by Planning Commission & Staff 9. City of Virginia Beach • Code Amendment • Recommended for Approval by Planning Commission & Staff e�• tt..--rr nTH 5t � R �V 1i 1 � 4 t..._.,..�21 ST Hp�ST y '. It 5.� ➢t1� y 215t STNP�f 5t ' 19SH � ;� 18tH ST1T�HP4F 5� J:t l WRG�N t 16ZN i ITEM I - THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ATLANTIC PARK, INC. City Council: District 6 (Remick) Oth St, th St t MAJOR Staff Recommends • • • ITEM 1 - THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. t i Request for 4 Major Entertainment .�.r. Venue MEV Signs at Atlantic Park N; I �t . °., PurposeME of application is to V provide signage flexibility to larger sites- ,: M ;, y Request is in addition to MEV signs oil granted in 2022 THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY&ATLANTIC PARK, INC. 6 VS ITEM 1 - THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. ► Tj � - a Y r'd+ ry fi . a North and Northwest Parking Garage Signs THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY &ATLANTIC PARK, INC. 7 VB ITEM 1 - THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. �a x .l THE DOME I 9 Surf Operations Sign and "The Dome" Sign THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY &ATLANTIC PARK, INC. 18 VB ITEM 1 - THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & ATLANTIC PARK, INC. Proposed Condition 2 would allow for up to an additional 750 sf of MEV p signs to be reviewed and approved t administratively by the Zoning Administrator THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY &ATLANTIC PARK, INC. 9 VB ITEM 2 - JOHN OVERSTREET City Council: District 2 (Henley) Location: 2409 Holland Road Ail ,off,•► CHANGE IN NONCONFORMITY Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 1.0 ITEM 2 - JOHN OVERSTREET • Request to construct an addition to an existing legally non-conforming dwelling E • Site was developed in the early 19tn century prior to the adoption of the ■ City's Zoning Ordinance --; In the late 1970s, a structure, previously used as a sweet potato IIIIIIIIIIIIIIIM barn, was converted to a dwelling resulting in a total of 2 dwellings on - — ® the site where 1 is permitted JOHN OVERSTREET 1 11 NIB ITEM 2 - JOHN OVERSTREET • Proposed 732 sf addition to include a bedroom, bathroom, closet, office, and laundry room o 11, El B Vinyl siding will be installed on the entire structure in a color similar to the existing blue siding 2. • No known opposition JOHN OVERSTREET 12 VB ITEMS 3 & 4 - DAM NECK ASSOCIATES, LLC City Council: District 5 (Wilson) Location: 872 & 1089 Dam Neck Road, 1064 & 1080 Dam Neck Station Road kj ... . KLN �.. gg,EAGLEW000 CASUAL CT EDISO,RI) CONDITIONAL REZONING (A-18 Apartment District & B-2 Community Business to Conditional B-4 Mixed Use District) MODIFICATION OF PROFFERS Staff Recommends Approval 13 46 Planning Commission voted 9 to 0 to 1 to recommend Approval ITEMS 3 ' I DAM ASSOCIATES, • Conditional ' - • - portion of the property from m � Conditional A-1: : Conditional i to Conditional B-4 Mixed Use District Modification of Proffers — eastern most 17.5-acres of the property In 1994, two conditional rezoning �•�+ 1"�' j _ - JJ1J.,eJJ J" JJJJJ JJ O� � requests were approved to allow • 5 '"•' the development of • to 612 +. �ta ,f f s yet • apartment units and commercial THE FARM __ �� ''':'•• Conceptual Development Plan-June 3,2024 TINNONs GROU► development DAM ASSOCIATES, ITEMS 3 & 4 - DAM NECK ASSOCIATES, LLC 6 --------_ Modification of Proffers was '`- approved in 2022 to alter the 1994 site layout and building elevations 1 • Applicant seeks to amend the 2022 proffers to make slight adjustments � � t to site layout and specify that Phase 1 F„a ; 1 will include 314 residential units iii DAM NECK ASSOCIATES, LLC 15 VB ITEMS 3 4 DAM NECK ASSOCIATES, LLC Western portion of site w mix ill include of - - retail, recreation,i and multi - ,d ,.. . Site entirely within a high noise zone >75 clB noise zone (western portion) 70-75 clB noise zone (eastern portion) Units proposed for Phase 2 will be reduced by 5 percent in accordance f with Section • THE FARM — i units initially proposed CpncepWal Oevelopmen!Plan-Ju^.e�.2C2� •INNONS G•OU► 283 units now proposed (5% reduction) ::j DAM NECK ASSOCIATES, 16 VS ITEMS 3 & 4 - DAM NECK ASSOCIATES, LLC • 13.4% (approx. 219 spaces) reduction in parking approved by Zoning , Administrator FEW �e , T� 1,638 parking spaces required 1,419 parking spaces provided �-- - Deviation to Building Height requested x ,r , • Up to 75 feet within 100 feet of property line adjacent to Apartment District, instead of max 35 feet. DAM NECK ASSOCIATES, LLC 1 17 VS ITEMS 3 & 4 - DAM NECK ASSOCIATES, LLC .... . Traffic Impact Study (TIS) approved H, depicting construction of require w right-of-way improvements • Phase 1—emergency point g Y access Timing of Phase 2 improvements to include extension of Dam Neck Station rir;l Road to be determined during site plan Y review and will require updated TIS w Ewa . • No known opposition DAM NECK ASSOCIATES, LLC 18 VS ITEMS 5 & 6 - FWM RESIDENTIAL RENTAL PROPERTIES LLC City Council: District 5 (Wilson) Location: 310 & 312 Winston Salem Avenue jp CONDITIONAL REZONING (R-5S Residential Single-Family District to Conditional RT-3 Resort Tourist District) CONDITIONAL USE PERMIT (Commercial Marina) Staff Recommends Approval 19 Planning Commission voted 11 to 0 to recommend Approval • �� Q • • • • • LLJ 0 • • • • • Ln • • • • • Ln :Lj • • • Ln • • • ' • • ' • • •� • •� • • • • • �� •� • , • LLJ Q • • • • • LL • u • • • • • • u u < • • � 1t tA co Ln LA ui ]'� .{� �M13AtlVMl31tlS•N018NM 9tr� ur${ Tl Yr r { ; • ( � .i i ` � !± aril ITEMS 5 & 6 — FWM Residential Properties LLC ....... .... r s-•. ` Setback deviations requested: 8-foot side yard setback required in RT-3 r —_� 12-foot side yard setback required in RT- FJ 3 when adjacent to a driveway • Existing single-family dwelling-7.22' side yard setback; 5.49' side yard setback adjacent to driveway • Existing duplex-7.33' side yard setback FWM RESIDENTIAL RENTAL PROPERTIES LLC 21 VB ITEMS 5 & 6 — FWM Residential Properties LLC • 3 parking spaces required; 8 provided on-site • 70-75 dB noise zone—Proffer 1 limits the residential density to the 3 units that currently exist • JRP determined proposed was in conformance with Article 18 • No known opposition FWM RESIDENTIAL RENTAL PROPERTIES LLC 1 22 VB ITEM 7 - GREEN CLEAN HOLLAND, LLC City Council: District 10 (Rouse) Location: 4245 Holland Road 02 PDHI CONDITIONAL USE PERMIT (Car Wash Facility) Staff Recommends Denial Planning Commission voted 7 to 3 to recommend Approval ITEM 7 - GREEN CLEAN HOLLAND, LLC • Request for a Conditional Use Permit for a Car Wash Facility to adapt an existing former Rite-Aid building for reuse as a car wash Similar application deferred at the July 9, 2024, and August 20, 2024, City Council hearings before being if av- withdrawn by the applicant • Applicant conducted additional public outreach and provided bike racks and Kimleyoftn benches at the southern portion of the site GREEN CLEAN HOLLAND, LLC 1 24 VB ITEM 7 - GREEN CLEAN HOLLAND, LLC • Proposed new pedestrian access from Holland Rd to Timberlake Shopping CAWASH MACAVA Center Robust landscaping proposed, f ` including shade trees for existing sidewalk from S. Plaza Trail Intends to retain existing access points on Holland Rd and S. Plaza Trail 17 exterior vacuum stations proposed; 8 interior vacuum stations proposed GREEN CLEAN HOLLAND, LLC 1 25 SIB ITEM 7 - GREEN CLEAN HOLLAND, LLC • Adding overhead garage doors on primary elevation and on southern elevation for ingress/egress _. a Staff recommending denial: } • Counter to recommendation in Commercial Area Pattern Book for redevelopment of large shopping centers and in Comprehensive Plan • Would further entrench auto-oriented uses on a prominent corner in the Holland Road corridor • Immediately opposite apartments on S. Plaza Trail LGreen Glean Express Auto • 13 letters of support GREEN CLEAN HOLLAND, LLC 1 26 VS ITEM i ♦ EVANS Council:City • Location: 5317 Canter • • Lane CONDITIONAL USE r Cra Qg, � Z m O JJ� �� Dq � .BONNEYDALE RD p0 � �., 0 �v'rd�'�`�/\ P h'FS F �•� J PERMIT (Family Day-care Staff Recommends • • • ITEM 8 - VEONCA EVANS • Request to operate a Family Day- Care Home for up to 12 children within a 2,080 sf townhome At•• - Proposed hours of operation 6:00 a.m. to 6:30 p.m., Monday through _ Sunday Stagged pick-up and drop-off times to avoid congestion Late-night/overnight care to be f provided on an as-needed basis VEONCA EVANS 28 VB ITEM 8 - VEONCA EVANS c ' Outdoor play area for the children : provided 4 r ..,� • 3 speakers in support y %'•` 1 speaker in opposition stating increased traffic concerns I A VEONCA EVANS 29 VB ITEM 9 - CITY OF VIRGINIA BEACH An Ordinance to amend and reordain the Airport Noise Attenuation and Safety Ordinance (Appendix 1 ) by amending Section 9 pertaining to required disclosures in Sales and Rentals of Real Estate ORDINANCE Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval CITY OF VIRGINIA BEACH 1 30 VB 8 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#76547 5:04 P.M. Council Member Remick advised the following City Council Appointive Agencies elected new Chairs and Vice Chairs: Resort Advisory Commission (RAC)—Chair, Charles Cayton and Vice Chair, Lori Overholt. Advertising Advisory Committee (AAC)—Chair, Delceno Miles and Vice Chair, John Zirkle January 14, 2025 9 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#76548 (Condnued) Vice Mayor Wilson advised members of the ViBe Creative District recently celebrated their 101h year and would like to provide the Body with a presentation of their work and accomplishments. Vice Mayor Wilson asked Mayor Dyer for his support to add the presentation to a future Agenda. Mayor Dyer requested City Manager Duhaney schedule the presentation. January 14, 2025 10 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#76549 (Continued) Council Member Schulman advised there will be a two (2) week road closure for through traffic at the intersection of Jeanne Street and Constitution due to roadway safety improvement work. Council Member Schulman explained when the Aviva Senior Livingproject was completed, there was a lack of visibility for eastbound traffic turning into the neighborhood. January 14, 2025 11 CITY COUNCIL DISCUSSIONIINITL4TIVESICOMMENTS ITEM#76550 (Continued) Council Member Schulman advised in response to the community concerns raised during the City Council Meeting last week regarding the Pleasure House Point Project, he wanted to form a working group made up of members from the community with an environmental background to help mitigate tree loss and neighborhood impacts. Council Member Schulman explained he was unable to include some of the people he wanted because they are appointed members to the same Appointive Agencies he is and by having more than two (2) members included in the working group, it triggers the Open Meetings Act requirements. Council Member Schulman advised he has not held any meetings so far, expressing his frustration that since he is an appointed member, he is limited in who he can hold meetings with without violating the requirements. Council Member Schulman proposed that Council Members should not be appointed as members to Appointive Agencies and should instead serve as Council Liaisons and aske the Body if there was a consensus? Vice Mayor Wilson advised this will be a topic discussed at the upcoming City Council Retreat. January 14, 2025 12 CITY COUNCIL DISCUSSIONANITL4 TI VESICOMMEN TS ITEM#76551 (Continued) Council Member Henley referenced a staff report the Body recently received regarding their request for the Body's consideration to include the Urban Forest Management Plan 2023 in the Comprehensive Plan. Council Member Henley emphasized the importance of the Urban Forest Management Plan and advised as the Planning Commission has already reviewed it, there should not be any conflicts and therefore she supports its inclusion. Council Member Henley explained the City has received funding to plant trees and the plan provides data that can be used to identify where the trees should be planted to mitigate flooding and increase the urban tree canopy. Mayor Dyer requested to have an ordinance prepared to formally include the Urban Forest Management Plan 2023 in the Comprehensive Plan and added to an upcoming agenda for consideration. January 14, 2025 13 CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS ITEM#76552 (Continued) Council Member Ross-Hammond advised she has been appointed by Governor Younkin to serve on the State Executive Council of Children's Services. Council Member Ross-Hammond advised she is the only member from the City and looks forward to serving in that capacity. January 14, 2025 14 CITY COUNCIL DISCUSSION SOMETHING IN THE WATER UPDATE ITEM#76553 5:14 P.M. Mayor Dyer welcomed back Amanda Jarratt, Deputy City Manager, and requested she provide an update. Ms. Jarratt advised City Staff and the Something in the Water Festival (SITW) team have been in communication over the past week regarding the April Festival with a focus on planning and logistics. Ms. Jarratt explained members of the SITW team have been severely impacted by the devastating fires in Los Angeles causing the discussions to be rescheduled to next week. Ms. Jarratt advised she plans to provide City Council a robust update on January 21'. Council Member Berlucchi asked if there is a sense of when ticket sales and line-up will be released? Ms. Jarratt advised that will be discussed this week with the SITW team and provided to City Council next week. Council Member Berlucchi asked what is the date the City needs in order to have enough time to put all of the Public Safety procedures in place? City Manager Duhaney advised the City has worked with many of the SITW team members and if there are no significant changes, he believes the plans used previously can be used again. City Manager Duhaney advised he will inform City Council if the process reaches the point that the Festival cannot be held due to a lack of time to have all of the safety plans in place. Council Member Henley expressed her main concern is Public Safety, as having such a high profile person can make the Festival a bigger target and believes the safety measures used this time need to surpass the previous ones. City Manager Duhaney advised the Public Safety Plan is a collaborative plan that includes all levels of local government in the Region including State and Federal Public Safety partners. Council Member Ross-Hammond advised she and Council Member Rouse serve as the SITW Council Liaisons and emphasized her commitment to transparency. Council Member Ross-Hammond acknowledged many people who reached out to her for information but right now Ms. Jarratt and City Manager Duhaney are tasked with providing updates,for which she expressed her appreciation. Mayor Dyer advised he has also been contacted and asked what his motivation is to extend grace for the SITW Festival and explained the City has given similar grace to others such as Amazon, Zim Shipping and Sentara and is in effort to get to "yes"and create revenue streams for the City. Mayor Dyer advised it also benefits the Resort, Hotel, Restaurant and Atlantic Avenue Associations economy as well as the positive energy for the whole City. Mayor Dyer believes holding the SITW Festival is worth the effort and yields to the liaisons to help build the bridge and get the message out that the City is open to business. Mayor Dyer acknowledged Public Safety is paramount, adding the Sheri s Office and the SITW team also provides support. January 14, 2025 15 ITEM#76554 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 3 • District 6 • District 6 • District 6 PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees January 14, 2025 16 ITEM#76555 (Continued) Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council voted to proceed into CLOSED SESSION at 5:21 P.M. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse Break 5:21 P.M. —5:27 P.M. Closed Session 5:27 P.M. — 6:33 P.M. January 14, 2025 17 CERTIFICATION ITEM#76556 Mayor Dyer RECONVENED the Formal Session in the City Council Conference Room at 633 P.M. Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10- 0 Council Members Voting Aye: Michael F. Berlucchi, Stacy Cummings, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse January 14, 2025 s�G�Nlp'88AC �G G4 _ 1 i +°p OUR xio RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#76555 on Page 16 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. A da Barnes, AWS City Clerk January 14, 2025 18 ADJOURNMENT ITEM#7655 7 Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSIONADJOURNED at 6:34 P.M. Terri ius Chief Deputy City Clerk A a hafnesY Robert M. Dyer City Clerk, MMC Mayor City of Virginia Beach Virginia January 14, 2025