Loading...
HomeMy WebLinkAboutJANUARY 7, 2025 INFORMAL AND FORMAL SESSION MINUTES 'gyp, 51 `s e° u rr fiyr ate S Or OUR Rol\O\P VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia JANUARY 7,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,January 7, 2025, at 3:35 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, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse-Maternity 2 CITY COUNCIL LL4ISON REPORTS ITEM#76508 3:36 P.M. Council Member Remick advised on January Is`, the Active Transportation Advisory Committee (ATAQ hosted the inaugural "Holiday Lights First Night Holiday Hike"event on the Boardwalk with over 3,000 people walking down the Boardwalk to enjoy the last night the holiday lights were displayed. January 7, 2025 3 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76509 3:37 P.M. Council Member Schulman advised the Central Business District Association (CBDA) hosted the "Last Night on the Town"New Year's Eve celebration on December 31"', and for the first time was able to have it at the fountain in Town Center. Council Member Schulman advised even though there was some rain, it was a wonderful and well attended event. Council Member Schulman expressed his appreciation to the CBDA. January 7, 2025 4 CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS ITEM#76510 (Continued) Council Member Henley encouraged the public to participate in the Comprehensive Plan sessions and provide their input. Council Member Henley advised there is a session this Thursday and future sessions will be posted and emphasized the importance of having the community engage and share their feedback on the proposed plans for the City. January 7, 2025 5 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76511 (Continued) Council Member Hutcheson advised he was approached by Delegate Feggans who shared he is working with VDOT to dedicate a sign near one of the City's overpasses in memory of Matthew R. Chiaverotti, one of the City's firefighters who recently passed away. Council Member Hutcheson asked the Body if they can adopt a Resolution to show support and advised the cost would be minimal. Mayor Dyer directed City Manager Duhaney to prepare the Resolution and include the funding for the sign dedication. January 7, 2025 6 AGENDA REVIEW SESSION ITEM#76512 3:40 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS I. Ordinance to DECLARE approximately 3.18 acres of City property at the intersection of Princess Anne Road and Community Collage Place in EXCESS of the City' needs and AUTHORIZE the City Manager to execute an Option Agreement with Virginia Beach Community Development Corporation 2. Ordinance to DECLARE City-owned property at 2656 Lishelle Place in EXCESS of the Citys needs and AUTHORIZE the City Manager to TRANSFER the property to the Virginia Beach Development Authority 3. Resolution to PROVIDE continuance dates re cancelled regular meetings (Requested by Mayor Dyer) 4. Resolution to DIRECT the City Manager to PROVIDE Something in the Water,LLC(SITW)with Notice of Breach of Sponsorship Agreement and Opportunity to Cure(Requested by Mayor Dyer) 5. Ordinance to TRANSFER$25,000 from the General Fund Reserve for Contingencies to the Non- Departmental Operating Budget and A UTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads,Inc. re 41'Annual Martin Luther King,Jr. Awards(Requested by Mayor Dyer) 6. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Pride Industries(Deferred from December 10, 2024) 7. Ordinance to ACCEPT and APPROPRIATE funds totaling $636,105 from the Virginia Opioid Abatement Authority to the FY2024-25 Human Services Operating Budget($278,500)repurchase a community engagement Prevention Van,contract a provider to conduct substance use disorder services within the Juvenile Detention Center and Police Department Operating Budget ($140,000) re implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS), purchase the Youth Services Unit a community engagement vehicle, trailer, and mascot and Health Department Operating Budget ($132,605) re provide _funding to the Public Health Foundation for two contractual Community Engagement Specialists to oversee a Teen-to-Teen social media campaign and provide outreach in the City and Virginia Beach City Public Schools Operating Budget (VBCPS) ($70,000) repurchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense and Park and Recreation Operating Budget ($15,000) re purchase the "This is Not About Drugs" curriculum to be taught within the recreation centers to youth January 7, 2025 7 AGENDA REVIEW SESSION ITEM#76512 (Continued) 8. Ordinance to ACCEPT and APPROPRIATE Grant Funds totaling $51,604 from the Edward Byrne Justice Assistance Grant (JAG) to the FY 2024-25 Police Department Operating Budget ($19,000)repurchase two(2)canines for Community Policing Activities, ($2,281)re bicycle and steering wheel locks and Police Department,Mounted Patrol Unit, Operating Budget($1 7 433)re training and health & safety equipment and Police Department, Special Events, Unit Operating Budget($1,110)re televisions and stands for command and General/Juvenile Domestic Relations Courts Operating Budget ($6,315) re Virginia Criminal Information Network workstations, monitors, badge readers and Community Corrections Operating Budget ($5,465) re iPads, keyboards,and warranties(Requested by the Community Criminal Justice Board) 9. Ordinance to ACCEPT and APPROPRIATE$33,267 from the Library of Virginia,State Aid Grant to the FY 2024-25 Library Department Operating Budget repurchase books and other materials for the print and digital collections 10. Ordinance to ACCEPT and APPROPRIATE$10,000 from the Public Library Association to the FY 2024-25 Public Library Operating Budget re purchase teaching equipment and incentives 11. Ordinance to ACCEPT and APPROPRIATE$1,061 from the Virginia Beach Library Foundation to the FY 2024-25 Public Library Operating Budget repurchase technology resources 12. Ordinance to TRANSFER funds within the Capital Improvement Program for the Pleasure House Point Mitigation Bank re provide limitations upon the use of the mitigation credits created by the Pleasure House Point Mitigation Project and to provide for efforts to reduce tree loss J. ORDINANCES I RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED FOR DENIAL ITEM#12 WILL BE CONSIDERED SEPARATELY January 7, 2025 8 ITEM#76513 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: 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 body pursuant to Section 2.2-3711(A)(29) • Princess Anne Village Cost Participation Agreement • Burton Station Cost Participation Agreement LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding speck legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(8). • Camera Assisted Traffic Program 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). • DeLauney v. City of Virginia Beach 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 7, 2025 9 ITEM#76513 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 3:46 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 3:46 P.M. — 3:56 P.M. Closed Session 3:56 P.M. — 5:47 P.M. January 7, 2025 10 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JANUARY 7,2025 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,January 7, 2025, at 6:00 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, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Absent: Jennifer Rouse-Maternity INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA 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 303 341"Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a 'personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. January 7, 2025 11 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a 'personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. January 7, 2025 12 VI.F CERTIFICATION ITEM#76514 Upon motion Council Member Schulman, seconded by Council Member Ross Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 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 7, 2025 04 OP OUR s 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#76513 on Page 9 and in accordance with theprovisions 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. h�4 Am n Barnes, MM City Clerk January 7, 2025 13 ITEM— VI.G.I MINUTES ITEM#76515 Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 10, 2024 Voting: 8- 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, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Abstaining: Stacy Cummings Cal "Cash"Jackson-Green Council Members Absent: Jennifer Rouse January 7, 2025 14 ITEM— VI.H.1 PUBLIC COMMENT ITEM#76516 Mayor Dyer DECLARED a PUBLIC COMMENT: EDWARD BYRNE JUSTICE ASSISTANCE GRANT(JAG) There being no speakers, Mayor Dyer CLOSED the PUBLIC COMMENT January 7, 2025 15 ITEM— VI.I FORMAL SESSION AGENDA ITEM#76517 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 to speak. Daline Bolinna Zero, 325 North Rosemont Road, Phone: 954-740-2537, spoke regarding Item J.8 and requested a portion of the grant funding is used to provide all police officers sensitivity training. Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions J.-2,3, 5, 6(DENIED), 7, 8, 9, 10 and I 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 J. ORDINANCES I RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#12 WILL BE CONSIDERED SEPARATELY January 7, 2025 16 ITEM— VI.11 ORDINANCESIRESOL UTIONS ITEM#76518 The following registered to speak.- Teresa Stanley, 143 Castilian Drive, Phone: 286-5858, spoke in SUPPORT Kay Flohre, 1286 Brigantine Court, Phone: 718-1752, spoke in SUPPORT Upon motion by Council Member Henley, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to DECLARE approximately 3.18 acres of City property at the intersection of Princess Anne Road and Community Collage Place in EXCESS of the Citys needs and AUTHORIZE the City Manager to execute an Option Agreement with Virginia Beach Community Development Corporation 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 7, 2025 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 3.18 2 ACRES OF CITY PROPERTY LOCATED AT THE 3 INTERSECTION OF PRINCESS ANNE ROAD AND 4 COMMUNITY COLLEGE PLACE TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 6 MANAGER TO EXECUTE AN OPTION AGREEMENT 7 WITH VIRGINIA BEACH COMMUNITY DEVELOPMENT 8 CORPORATION 9 10 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land located 11 at the intersection of Princess Anne Road and Community College Place, consisting of 12 approximately 3.18 acres (GPIN: 1485-34-6667) (the "Property"); 13 14 WHEREAS, Virginia Beach Community Development Corporation ("VBCDC") 15 has approached the City with a proposed plan for the development of the Property into 16 a multi-family residential community; 17 18 WHEREAS, VBCDC development plans include 40-60 units to be reserved for 19 households with income levels at or below 80% of the area median family income as 20 published by HUD (the "Affordable Units") and also include reserving up to 15% of the 21 Affordable Units for persons with mental health diagnoses, along with office space for 22 the local headquarters of the National Alliance for Mental Illness (NAMI) (the "Project"); 23 24 WHEREAS, by City staff has negotiated the terms and conditions of an option 25 agreement with VBCDC for the conveyance of the Property, as set forth in the summary 26 of terms attached hereto as Exhibit A; 27 28 WHEREAS, construction of additional affordable housing units in Virginia Beach 29 remains a goal of City Council; and 30 31 WHEREAS, by the City granting the option, VBCDC would be able to pursue 32 financing and move the Project forward. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA, 36 37 1. That the Property, consisting of approximately 3.18 acres, as more 38 particularly described on Exhibit A attached hereto and made a part hereof, is hereby 39 declared to be in excess of the needs of the City of Virginia Beach. 40 41 2. That the City Manager, or his designee, is hereby authorized to execute 42 an option agreement with VBCDC, and all other documents necessary to complete the 43 conveyance of the Property to the VBCDC, so long as the documents are in substantial 44 conformity with the Summary of Terms, attached hereto as Exhibit A, and made a part 45 hereof, and such terms, conditions and modifications as may be acceptable to the City 46 Manager and in a form deemed satisfactory by the City Attorney. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h 48 dayof January , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planrnng & Community Development CA16593 %kvbgov.com%ftl%APPficatonstcitytawlcycom3ZwpdocsidO26W48W 1008787.d= R-1 11/27/2024 2 EXHIBIT A SUMMARY OF TERMS OPTIONOR: City of Virginia Beach OPTIONEE: Virginia Beach Community Development Corporation ("VBCDC") PROPERTY: Approximately 3.18 acres of unimproved property at the northwest intersection of Princess Anne Road and Community College Place (GPIN: 1485-34-6667), and designated as "AREA 1: 138,933 SQ. FT. OR 3.18946 AC.", as shown on that certain plat recorded as Instrument No. 2004081 701 2981 1 in the Clerk's Office of the Virginia Beach Circuit Court. PROPOSED PROJECT: VBCDC to construct 40-60 multi-family units for households with income levels at or below 80% of the area median income, with up to 15% of the units reserved for persons with mental health diagnoses. The project will also contain office space for the National Alliance on Mental Illness (NAMI). OPTION TERM: Three (3) years. CONDITIONS TO EXERCISE OF OPTION: a) VBCDC has obtained site plan approval for the Proposed Project; b) VBCDC has agreed to develop and operate the Property in a manner generally consistent with the Proposed Project; and b. VBCDC has agreed to a use restriction for at least thirty (30) years limiting the use of the Property to those contemplated by the Proposed Project. OPTION CONSIDERATION: To promote the construction of affordable units in the City of Virginia Beach, the City will grant the option and agree to the transfer of the Property to VBCDC at no cost if the conditions to exercise the option are met. 17 ITEM— VI.J.2 ORDINANCESIRESOL UTIONS ITEM#76519 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE City-owned property at 2656 Lishelle Place in EXCESS of the City' needs and AUTHORIZE the City Manager to TRANSFER the property to the Virginia Beach Development Authority 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 7, 2025 1 AN ORDINANCE 1) DECLARING THE CITY-OWNED 2 PROPERTY AT 2656 LISHELLE PLACE IN EXCESS 3 OF THE CITY'S NEEDS AND 2) AUTHORIZING THE 4 CITY MANAGER TO TRANSFER THE PROPERTY 5 TO THE CITY OF VIRGINIA BEACH DEVELOPMENT 6 AUTHORITY 7 8 WHEREAS, as part of the APZ-1 Use and Acquisition Plan adopted December 9 20, 2005, the City of Virginia Beach (the "City") acquired property located at 2656 to Lishelle Place (GPIN: 1496-54-4149) (the "Property") to eliminate a 150-person call 11 center; 12 13 WHEREAS, since 2008, the City's Department of Economic Development has 14 marketed the Property in an attempt to secure a party to operate at the Property with a 15 compatible use under the City Zoning Ordinance; 16 17 WHEREAS, City staff has been working with representatives of the 18 Commonwealth of Virginia (the "Commonwealth") and have identified a potential buyer 19 for the Property; 20 21 WHEREAS, the potential buyer intends to utilize the Property for uses permitted 22 by right under its current zoning. 23 24 WHEREAS, the identity of the potential buyer must remain confidential until the 25 Governor has announced the business expansion and associated incentives from the 26 Commonwealth; 27 28 WHEREAS, the City of Virginia Beach Development Authority (the "VBDA") was 29 specifically created for the purpose of fostering and stimulating economic development 30 in the City; 31 32 WHEREAS, staff recommends that title to the Property be transferred to the 33 VBDA to better facilitate the marketing and negotiation aspects of the potential sale and 34 redevelopment of the Property; 35 36 WHEREAS, the net proceeds of the sale received by the VBDA would be 37 remitted to the City and appropriated as set forth below; 38 39 WHEREAS, if a sale does not occur within six months of the transfer to the 40 VBDA, the VBDA will be required to transfer the Property back to the City. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, 44 45 1. That the Property, more particularly described on Exhibit A attached 46 hereto and made a part hereof, is hereby declared to be in excess of the needs of the 47 City of Virginia Beach. 48 2. That City Council, subject to acceptance by the VBDA, authorizes the title 49 to the Property be transferred to the Authority. 50 51 3. That the City Manager, or his designee, is hereby authorized to execute 52 any and all documents to complete such transfer to the VBDA, so long as the 53 documents are in substantial conformity with the Summary of Terms, attached hereto as 54 Exhibit A, and made a part hereof, and such terms, conditions and modifications as may 55 be acceptable to the City Manager and in a form deemed satisfactory by the City 56 Attorney. 57 58 4. That the City Council requests and recommends that the Authority adopt a 59 Resolution accepting the transfer of the Property. 60 61 5. That all net proceeds from the anticipated future sale of the Property 62 received by the VBDA shall be returned to the City, with fifty percent (50%) deposited 63 for appropriation in future Capital Improvement Program capital budgets in Capital 64 Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana Interfacility 65 Traffic Area Conformity & Acquisition II Project, and fifty percent (50%) deposited for 66 future payment by the City Manager to refund the Commonwealth's portion in 67 accordance with the grant agreement. 68 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h 71 day of January _ , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY: City Attorney Eco is Development CA16592 \\vbgov.com1DFS1 UppliwEom\CiryLawProd\cyc 32\Wpd='D021 TO]910 0 224 5 95.DOC R-1 11/27/2024 2 EXHIBIT A SUMMARY OF TERMS TRANSFEROR: City of Virginia Beach TRANSFEREE: City of Virginia Beach Development Authority ("VBDA") PROPERTY: 16,500+/- square feet of space on a 1.5+/- acre lot located at 2656 Lishelle Place (GPIN: 1496-54-4149) PROPOSED USE: VBDA shall accept title to the Property for the purpose of finalizing the sale of the Property to a new compatible user to be identified by the Governor. SPECIAL TERMS: • The net proceeds from any sale shall be returned to the City as follows: o Fifty percent (50%) of the net proceeds will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 100282 (formerly CIP 9- 059), Oceana Interfacility Traffic Area Conformity and Acquisition II; and o Fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • If the VBDA has not sold the Property within six (6) months of the date the Property is transferred to the VBDA, the VBDA shall transfer title back to the City. 18 ITEM— VI.J.3 ORDINANCESIRESOL UTIONS ITEM#76520 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT,Resolution to PROVIDE continuance dates re cancelled regular meetings(Requested by Mayor Dyer) 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 7, 2025 REQUESTED BY THE MAYOR 1 A RESOLUTION PROVIDING CONTINUANCE DATES FOR 2 CANCELLED REGULAR MEETINGS 3 4 WHEREAS, state law authorizes a governing body to fix the day or days to which 5 a regular meeting shall be continued if the mayor or vice-mayor, if the mayor is unable to 6 act, finds and declares that weather or other conditions are such that it is hazardous for 7 members to attend the regular meeting; 8 9 WHEREAS, state law further provides "all hearings and other matters previously 10 advertised shall be conducted at the continued meeting and no further advertisement is 11 required;" 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. The continuance dates for 2025 regular meetings shall be: 17 18 a. For any cancelled January regular meeting: February 4, 2025. 19 b. For any cancelled February regular meeting: March 4, 2025. 20 c. For any cancelled March regular meeting: April 1 , 2025. 21 d. For any cancelled April regular meeting: May 6, 2025. 22 e. For any cancelled May regular meeting: June 3, 2025. 23 f. For any cancelled June regular meeting: July 1, 2025. 24 g. For any cancelled July regular meeting: August 12, 2025. 25 h. For any cancelled August regular meeting: September 2, 2025. 26 i. For any cancelled September regular meeting: October 7, 2025. 27 j. For any cancelled October regular meeting: November 18, 2025. 28 k. For any cancelled November regular meeting: December 2, 2025. 29 I. For any cancelled December regular meeting: January 6, 2026. 30 31 2. The time and location for any continued meeting shall be the time and location 32 provided by City Code § 2-20. 33 34 3. The findings underlying such cancellation shall be communicated to the members 35 and the press as promptly as possible under the relevant circumstances. 36 37 4. Nothing herein shall limit the ability of the Mayor or three members of the City 38 Council to call a special meeting pursuant to City Code § 2-21. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of January 2025. APPROVED AS TO LEGAL SUFFICIENCY: L rney's Office CA16780 R-1 December 26, 2024 19 ITEM— VI.J.4 ORDINANCES/RESOLUTIONS ITEM#76521 The following registered to speak.- Joey Dotson, 513 Marchella Road, Hampton, Phone: 352-682-1831, did not respond Craig Henson, 1825 Garden Drive, Phone: 377-5270, spoke in OPPOSITION Anthony Martin, 945 Legacy Landing, Phone: 652-6052, spoke in SUPPORT Upon motion by Council Member Ross-Hammond, seconded by Council Member Remick, City Council INDEFINITELY DEFERRED Resolution to DIRECT the City Manager to PROVIDE Something in the Water, LLC(SITW) with Notice of Breach of Sponsorship Agreement and Opportunity to Cure (Requested by Mayor Dyer) Voting: 8-2 Council Members Voting Aye: Michael F.Berlucchi, Stacy Cummings,Mayor Robert M. Dyer,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Cal "Cash"Jackson-Green Council Members Absent: Jennifer Rouse January 7, 2025 20 ITEM— VI.J 5 ORDINANCESIRESOL UTIONS ITEM#76522 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER$25,000 from the General Fund Reserve for Contingencies to the Non-Departmental Operating Budget and AUTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads,Inc.re 41'Annual Martin Luther King, Jr.Awards(Requested by Mayor Dyer) 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 7, 2025 REQUESTED BY MAYOR DYER 1 AN ORDINANCE TO TRANSFER $25,000 TO THE 2 NON-DEPARTMENTAL BUDGET AND TO 3 AUTHORIZE THE CITY MANAGER TO EXECUTE A 4 SPONSORSHIP AGREEMENT WITH THE URBAN 5 LEAGUE OF HAMPTON ROADS, INC. 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $25,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to the Non-Departmental Section of the Operating Budget. The City Manager is hereby 12 authorized to execute a sponsorship agreement with the Urban League of Hampton 13 Roads, Inc., for the 41s' annual Martin Luther King Community Leaders Awards. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of January 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16787 R-1 January 2, 2025 21 ITEM— VI.J.6 ORDINANCESIRESOL UTIONS ITEM#76523 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council DENIED,BY CONSENT, Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Pride Industries (Deferred from December 10, 2024) 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 7, 2025 22 ITEM— VI.J.7 ORDINANCES/RESOLUTIONS ITEM#76524 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE funds totaling$636,105 from the Virginia Opioid Abatement Authority to the FY 2024-25 Human Services Operating Budget($278,500) repurchase a community engagement Prevention Van,contract a provider to conduct substance use disorder services within the Juvenile Detention Center and Police Department Operating Budget($140,000) re implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS), purchase the Youth Services Unit a community engagement vehicle, trailer, and mascot and Health Department Operating Budget ($132,605) re provide funding to the Public Health Foundation for two contractual Community Engagement Specialists to oversee a Teen-to-Teen social media campaign and provide outreach in the City and Virginia Beach City Public Schools Operating Budget(VBCPS)($70,000) re purchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense and Park and Recreation Operating Budget($15,000) repurchase the"This is NotAbout Drugs"curriculum to be taught within the recreation centers to youth 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 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO ADDRESS THE OPIOID EPIDEMIC 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1) $636,105 is hereby accepted from the Virginia Opioid Abatement Authority, as 8 part of the State Opioid Response and appropriated, with revenue increased 9 accordingly, to the following departments, in the following amounts, and for the 10 following purposes in their Fiscal Year 2024-25 Operating Budgets: 11 a. $278,500 to the Virginia Beach Department of Human Services to 12 purchase a community engagement Prevention Van, to contract a 13 provider to conduct substance use disorder services within the Juvenile 14 Detention Center; 15 b. $140,000 to the Virginia Beach Police Department to implement the Law 16 Enforcement Against Drugs program within Virginia Beach City Public 17 Schools, purchase the Youth Services Unit a community engagement 18 vehicle, trailer, and mascot; 19 c. $132,605 to the Virginia Beach Department of Health to provide funding 20 to the Public Health Foundation for two contractual Community 21 Engagement Specialists to oversee a Teen-to-Teen social media 22 campaign and provide outreach in the City; 23 d. $70,000 to Virginia Beach City Public Schools to purchase an online 24 evidence-based curriculum to provide proactive education as well as 25 intervention when students have a substance-use related offense; and 26 e. $15,000 to the Virginia Beach Department of Parks and Recreation to 27 purchase the "This is Not About Drugs" curriculum to be taught within 28 the recreation centers to youth. 29 30 2) 1.0 FTE is hereby authorized within the FY2024-25 Operating Budget of 31 Human Services. 32 33 3) Items purchased through these grant funds is not guaranteed to be replaced 34 by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of January 12025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: AP \ED AS TO LEGAL SUFFICIENCY: udget and Marragement Services ity- ney's Office CA16778/ R-1 / December 23, 2024 23 ITEM— VI.J.8 ORDINANCESIRESOL UTIONS ITEM#76525 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds totaling $51,604 from the Edward Byrne Justice Assistance Grant (JAG) to the FY 2024-25 Police Department Operating Budget ($19,000)repurchase two(2)canines for Community PolicingActivides, ($2,281)re bicycle and steering wheel locks and Police Department, Mounted Patrol Unit, Operating Budget ($17,433) re training and health & safety equipment and Police Department, Special Events, Unit Operating Budget ($1,110) re televisions and stands for command and General/Juvenile Domestic Relations Courts Operating Budget ($6,315) re Virginia Criminal Information Network workstations, monitors, badge readers and Community Corrections Operating Budget($5,465)re iPads,keyboards,and warranties(Requested by the Community Criminal Justice Board) 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 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE BYRNE 2 JAG GRANT FUNDS FOR LAW ENFORCEMENT 3 PURPOSES 4 5 WHEREAS, the City Council provided an opportunity for public comment upon the 6 proposed uses of federal funds at its January 7, 2025, Formal Session; 7 8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1 . $51 ,604 in federal funds from the United States Department of Justice, through the 12 federal Fiscal Year 2025 Edward Byrne Justice Assistance Grant, is hereby accepted 13 and appropriated, with federal revenue increased accordingly, to the following 14 departments, in the following amounts, for the following purposes in their Fiscal Year 15 2024-25 Operating Budgets: 16 a. $19,000 to the Police Department, to purchase two canines for Community 17 Policing activities; 18 b. $2,281 to the Police Department, for bicycle and steering wheel locks; 19 c. $17,433 to the Police Department Mounted Patrol Unit, for training and 20 health & safety equipment; 21 d. $1,110 to the Police Department Special Events Unit, for televisions and 22 stands for command; 23 e. $6,315 to General/Juvenile Domestic Relations Courts for Virginia Criminal 24 Information Network workstations, monitors, badge readers; and 25 f. $5,465 to Community Corrections for iPads, keyboards, and warranties; 26 27 2. The Mayor, in his capacity as chief elected official of the City of Virginia Beach, is 28 hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary 29 agreements, certifications, and assurances as instructed and required by the United 30 States Department of Justice. 31 32 3. The replacement of the above items purchased with these grant funds is conditioned 33 upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of January , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: =orney's LEGAL SUFFICIENCY: udget a Management Service CA16777 R-1 December 23, 2024 24 ITEM— VI.J.9 ORDINANCESIRESOL UTIONS ITEM#76526 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRUTE$33,267 from the Library of Virginia, State Aid Grant to the FY2024-25 Library Department Operating Budget repurchase books and other materials for the print and digital collections 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 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE DEPARTMENT OF PUBLIC LIBRARIES 3 FOR THE PURCHASE OF BOOKS AND MATERIALS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $33,267 is hereby accepted from the Library of Virginia, State Aid Grant, and 9 appropriated, with revenues increased accordingly, to the FY 2024-25 Operating Budget 10 of the Department of Public Libraries to purchase books and other materials for the print 11 and digital collections of the Department of Public Libraries. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of January , 2025. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Mar agement Services rty orney s Office CA16781 R-1 December 23, 2024 25 ITEM— VI.J.10 ORDINANCESIRESOL UTIONS ITEM#76527 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BYCONSENT,Ordinance to ACCEPT and APPROPRIATE$10,000from the Public Library Association to the FY 2024-25 Public Library Operating Budget repurchase teaching equipment and incentives 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 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE PUBLIC LIBRARY 3 ASSOCIATION'S DIGITAL LITERACY WORKSHOP 4 INCENTIVE TO THE DEPARTMENT OF PUBLIC 5 LIBRARIES FOR THE PURCHASE OF TEACHING 6 EQUIPMENT AND INCENTIVES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1 . $10,000 is hereby accepted from the Public Library Association and 12 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating 13 Budget of the Department of Public Libraries for the purchase of teaching 14 equipment and incentives. 15 16 2. Items purchased with these funds are not guaranteed to be replaced by the 17 City of Virginia Beach. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day 20 of January , 2025. 21 22 Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services to ey's Office CA16783 R-1 December 23, 2024 26 ITEM— VI.J.11 ORDINANCESIRESOL UTIONS ITEM#76528 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $1,061 from the Virginia Beach Library Foundation to the FY 2024-25 Public Library Operating Budget repurchase technology resources 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 7, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA BEACH LIBRARY FOUNDATION TO 3 THE DEPARTMENT OF PUBLIC LIBRARIES FOR THE 4 PURCHASE OF TECHNOLOGY RESEROUCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $1 ,061 is hereby accepted from the Virginia Beach Library Foundation and 10 appropriated, with revenues increased accordingly, to the FY 2024-25 11 Operating Budget of the Department of Public Libraries to purchase technology 12 resources for the collection of the Department of Public Libraries. 13 14 2. Items purchased with these funds are not guaranteed to be replaced by the 15 City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of January , 2025. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: budget 9nd Man ement Services or ey s Office CA16782 R-1 December 23, 2024 27 ITEM— VI.J.12 ORDINANCESIRESOL UTIONS ITEM#76529 The following registered to speak.- Dr. William L.Duke, 2032 Grey Fox Lane, Phone: 581-0178, spoke in OPPOSITION Kim Mayo, 1408 Bradford Road, Phone: 450-3011, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION George Wall, 580 Brent Water Road, Phone:203-910-9282, spoke in SUPPORT Mary Carson Stiff,2601 Grandby Street, Norfolk,Phone:376-1364, spoke in SUPPORT Sandra Shinabarger, 168 Waverly Drive,Phone: 375-5886, spoke in OPPOSITION Martha Thereault, 4311 Blackbeard Road, Phone:278-2808, spoke in OPPOSITION Windy Crutchfield, 4016 Rampart Avenue, Phone: 646-8056, spoke in OPPOSITION Walt Stone, 1101 Miles Standish Road, Phone: 870-1998, spoke in OPPOSITION Jackson Martingayle, 211 51"Street, Phone: 995-3500, spoke in SUPPORT Ashley McLeod, 2224 Sun Vista Drive, Phone: 748-7084, spoke in SUPPORT Clay Bernick, 214 A 84`"Street, Phone: 377-3120, spoke in SUPPORT Chris Freeman, 5757 Normandy Avenue, Phone: 718-7968, spoke in SUPPORT Christy Everett, 3663 Marlon Bay Drive, Phone: 679-3566, spoke in SUPPORT Tim Solanic, 3612 Dupont Circle, Phone:287-0320, spoke in OPPOSITION Karen Forget, 3712 Holland Road, Phone: 962-5398, spoke in SUPPORT Jeff Waller, 1517 Adam Road, Phone: 409-7664, spoke in SUPPORT Steven Battle, 704 Cross Borough Court, Phone: 478-213-2975, spoke in OPPOSITION Michael Wood, 3018 East Stratford Road, Phone: 951-3134, spoke in OPPOSITION Jason Barney, 216 A 57`h Street, spoke in SUPPORT Ray Hetherington, 1787 Duke of Norfolk Quay, Phone: 619-8308, spoke in OPPOSITION Vic Nicholls, 1124 Mill Lake Quarter, Phone:410-0008, spoke in OPPOSITION Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to TRANSFER funds within the Capital Improvement Program for the Pleasure House Point Mitigation Bank re provide limitations upon the use of the mitigation credits created by the Pleasure House Point Mitigation Project and to provide for efforts to reduce tree loss 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 7, 2025 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE CAPITAL IMPROVEMENT PROGRAM FOR THE 3 PLEASURE HOUSE POINT MITIGATION BANK, TO 4 PROVIDE LIMITATIONS UPON THE USE OF 5 MITIGATION CREDITS CREATED BY THE 6 PLEASURE HOUSE POINT MITIGATION PROJECT, 7 AND TO PROVIDE FOR EFFORTS TO REDUCE 8 TREELOSS 9 10 WHEREAS, the Pleasure House Point Mitigation Project (the "Project') first 11 appeared in the FY2012-13 Capital Improvement Program; 12 13 WHEREAS, the Project is a component of the 2014 Pleasure House Point Master 14 Plan, and the Master Plan was supported by the stakeholders in the community including 15 the Bayfront Advisory Committee; 16 17 WHEREAS, other large public works projects in the region, such as the expansion 18 of the Hampton Roads Bridge Tunnel, have absorbed the private market for wetlands 19 mitigation credits leaving the City with limited options to obtain credits needed for critical 20 projects such as the Flood Protection Program approved by bond referendum; 21 22 WHEREAS, the City Staff has proposed resuming previous work on the Project to 23 provide the needed wetlands mitigation credits within the Lynnhaven River Basin. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 1. $2,593,508 is hereby transferred from Capital Project #100038 "Beach 29 Replenishment— Phase I l,"to project Capital Project#100304 "Pleasure House 30 Point Mitigation." 31 32 2. $4,066,635 is hereby transferred from Capital Project #100617 "Rudee Inlet 33 Weir Replacement' to Capital Project #100304 "Pleasure House Point 34 Mitigation." 35 36 3. The use of the credits created by the Pleasure House Point Mitigation Project 37 are intended for public works projects including roadways, stormwater, and 38 flood protection. These credits shall not be used for public-private partnerships 39 or other economic development activities. 40 41 4. The City Staff and any contractor directed by the City are to make good faith 42 efforts to preserve any trees that are at least four inches in diameter, especially 43 live oaks. The City may work with nonprofit partners that focus on tree 44 preservation in its preservation and replanting work on the Project. Without 45 delaying and to the extent feasible for the Project, the City Manager is to bring 46 forward publicly a plan to mitigate tree loss for those trees that are at least four 47 inches in diameter. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day Of January 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- udget and Management Services City Attorney's Office CA16784 R-3 December 27, 2024 28 ITEM— VI.K APPOINTMENTS ITEM#76530 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE EASTERN VIRGINL4 REGIONAL INDUSTRIAL FACILITYAUTHORITY HISTORICAL REVIEW BOARD HOUSING ADVISORYBOARD INDEPENDENT CITIZEN REVIEW BOARD MILITAR Y ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEA CH DESIGN RE VIE W COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARYBOARD RESORT ADVISORY COMMISSION STORMWATER MANAGEMENT IMPLEMENTA TION AD VISOR Y GROUP TRA NSITION AREAIINTERFA CILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE January 7, 2025 29 ITEM— VI.% APPOINTMENTS ITEM#76531 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER ROSS-HAMMOND No Term 5131 MEMORIAL COMMITTEE 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 7, 2025 30 ITEM— VI.K APPOINTMENTS ITEM#76532 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER CUMMINGS Two year term 11712025— 1213112026 COUNCIL MEMBER JACKSON-GREEN Four year term 11712025—1213112028 ATLANTIC PARK COMMUNITY DEVELOPMENT A UTHORITY 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 7, 2025 31 ITEM— VI8 APPOINTMENTS ITEM#76533 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER JACKSON-GREEN Unexpired term thru 413012025 Plus three year term 51112025—413012028 AUDIT COMMITTEE 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 7, 2025 32 ITEM— VI.K APPOINTMENTS ITEM#76534 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER CUMMINGS Unexpired term thru 1213112025 BAYFRONT ADVISORY COMMISSION 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 7, 2025 33 ITEM— VI.K APPOINTMENTS ITEM#76535 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER CUMMINGS Unexpired term thru 313112026 COMMUNITY CRIMINAL JUSTICE BOARD 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 7, 2025 34 ITEM— VI.K APPOINTMENTS ITEM#76536 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER JACKSON-GREEN Unexpired term thru 813112027 COMMUNITY ORGANIZATION GRANT(COG) REVIEW AND ALLOCATION COMMITTEE 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 7, 2025 35 ITEM— VI K APPOINTMENTS ITEM#7653 7 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER CUMMINGS COUNCIL MEMBER REMICK No Term HAMPTON ROADS PLANNING DISTRICT COMMISSION 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 7, 2025 36 ITEM— VI.K APPOINTMENTS ITEM#76538 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER JACKSON-GREEN Unexpired term thru 313112025 Plus four year term 41112025—313112029 HOUSING ADVISORYBOARD 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 7, 2025 37 ITEM— VI.K APPOINTMENTS ITEM#76539 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LIAISONS: COUNCIL MEMBER CUMMINGS MILITAR Y ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SCHOOL MODERNIZATION COUNCIL MEMBER JACKSON-GREEN HEAL TH SER VICES AD VISOR Y BOARD HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD COUNCIL MEMBER ROSS-HAMMOND ARTS AND HUMANITIES COMMISSION COUNCIL MEMBER SCHULMAN BEACHES AND WA TER WA YS AD VISOR Y COMMISSION OPEN SPACE ADVISORY COMMITTEE VICE MAYOR WILSON RESORT ADVISORY COMMISSION 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 7, 2025 38 ADJOURNMENT ITEM#76540 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:41 P.M. Terri . elius Chief Deputy City Clerk 4&11� AmanW harnes, M C Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia January 7, 2025 39 OPEN DIALOGUE The following registered to speak.- Dennis Jemison, 4005 South Plaza Trail, Phone: 790-7972, did not respond Owen Rayfield, 947 Providence Square Shopping Center, Phone: 904-3618, spoke concerning Tidewater Skate and requested City Council's support for creating multiple skateboarding spaces at recreation centers to allow young children to start learning early Hanna Merk, 311 33`d Street, Phone: 804-729-5558, spoke regarding constitutional ethics and expressed her appreciation for all first responders Vic Nicholls, 1124 Mill Lake Quarter, Phone:410-0008, did not respond ADJOURNED AT 8:50 P.M. January 7, 2025