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MARCH 4, 2025 FORMAL SESSION MINUTES
IA- <J, v° 4 • S OF OUN 0 VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia MARCH 4,2025 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,March 4, 2025, at 1:00 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: Dr.Amelia N. Ross-Hammond -Personal Jennifer Rouse—Family Emergency G1NIA-B�4C �-- Cityof Virginia Beach c�994s ; ,5 0�G a OF OUR MAt%ON Dr.Amelia N. Ross-Hammond VirginiaBeach.gov District 4 MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 CELL:(757)B40-0735 AROSSHAMMOND@VBGOV.COM February 25, 2025 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be unable to attend the City Council meeting on Tuesday, March 4, 2025. Sincerely, �C Dr. Amelia Ross-Hammond Council Member- District 4 Cc: City Clerk City Attorney City Manager FOIA Officer 2 CITY COUNCILS BRIEFINGS FEDERAL GOVERNMENT AFFAIRS UPDATE ITEM#76 718 1:01 P.M. Mayor Dyer welcomed Anthony Bedell, Senior Corporate and Government Relations Director and Alfonso Lopez,Senior Corporate and Government Relations Consultant—Becker&Poliakoff. Mr.Lopez expressed his 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 Mr. Bedell and Mr. Lopez for the presentation. March 4, 2025 Becker Becker & Poliakoff 2024-2025 Federal Lobbying Report & Update for the City of Virginia Beach, VA Becker DC Team March 04, 2025 National Law & Lobbying Firm with over 50 years of experience. 15 Bicoastal Offices: Washington, DC, THE Florida, New York, New Jersey, California . Becker Diverse and bipartisan team of Virginia-experienced lobbyists ADVANTAGE Local knowledge. Regional ties. National reach. Named "Top Performing Lobbying Firm" by Bloomberg Government. YOUR FEDERAL LOBBYING TEAM -I ALFONSO LOPEZ ANTHONY BEDELL CO-LEAD LOBBYIST CO-LEAD LOBBYIST OMAR FRANCO AMANDA WOOD CLARENCE WILLIAMS PERRY ADAIR Bedw TEAM MEMBER TEAM MEMBER TEAM MEMBER TEAM MEMBER Becker & Poliakoff ALFONSO LOPEZ • Over 30 years of Federal and Virginia legislative experience • Former U.S. Senate staffer and Assistant Administrator of the U.S. Small Business Administration for Congressional & Intergovernmental Affairs during the Obama Administration • Director of Federal & Congressional Affairs for the Commonwealth of Virginia during the Administration of Governor Tim Kaine • Currently represents the 3rd District in the Virginia House of Delegates BecWr Becker & Poliakoff ANTHONY BEDELL • Former Deputy Assistant Secretary for Congressional and Intergovernmental Affa i rs at the U.S. Department of Transportation • Also served in key roles at the U.S. Department of Labor and U.S. Small y . k Business Administration • Over 24 years of federal, state, and local ' government experience • Called "Influential lobbying firepower" — Politico Becher Becker & Poliakoff A VERY SUCCESSFUL 2024 Working with Brent McKenzie, the City's Director of Legislative Affairs, and Andrew Damon, our team has pursued an aggressive strategy for taking advantage of unique federal opportunities available to support the City — including: • $13,714,404 in total federal grant funding. • $12.5 million in preliminary earmarks in pending FY25 appropriations bills.* • $7.993 million in FINAL in FY24 earmarks. Becker Should Congress pass a full FY25 appropriations bill rather than a CR, we expect all earmark funds to be disbursed o o d k o; BREAKDOWN OF 2024 FEDERAL AWARDS • Of the $7.,993,000 in FINAL FY24 earmarks: • $3,900,000: Rudee Inlet project through Army Corps • $3,000,000: Laskin Road Phase I-B project • $693,000: Creeds Training Facility Project • $400,000: Virginia Beach & Vicinity Coastal Zone Management Study through Army Corps • Of the $12.5 million in preliminary FY25 earmarks: • $10,000,000: I-264 Improvements • $1,500,000: Coastal Storm Risk Management Study • $1,000,000: Bow Creek Stormwater Park Becker Becker & Poliakoff AWARD BREAKDOWN CONTINUED • Of the $13,714,404 in federal grant funding: ct Grant Awards Formula/Block Grant Award $125,788.00 in HUD grants $6,394,425 in Housing & Urban Development grants • Continuum of Care funding Formula grants such as CBDG, Home Investment Partnership, • Family Self-Sufficiency Program project funding Housing Opportunities, and Emergency Solutions • Family Self Sufficiency Program grant $1.641 million in Homeland Security grants $418,550 in Energy Grants • Port Security Grant Program • Energy Efficiency and Conservation Block Grants • National Urban Search and Rescue Response System program funding $5.82 million in Education grants $51,604 in Justice Grants • Impact Aid Program, Title VII funding Edward Byrne Memorial Justice Assistance Grant for community- oriented policing Becher Becker & Poliakoff LOOKING AHEAD : 2025 PRIORITIES & OPPORTUNITIES • FY 2026 Appropriations Process — A diversified portfolio of top tier targets • THUD, LHHS, and CJS subcommittees for programmatic opportunities in transportation, emergency preparedness, community development, housing, resiliency, and public safety • Earmarks from VA congressional delegation members • The City-s Congressional delegation is expected to once again accept programmatic and earmark requests in FY26, and your Becker Team will keep the Council and City Manager's office updated on guidance and deadlines. • HOWEVER, the timing of the FY26 process remains an open question with FY25 appropriations still pending under a March 14th CR and slated budget cuts under the June 2023 debt limit agreement. • Key Annual Congressional Authorizations/Implementation — • Surface Transportation Reauthorization • Past WRDA Implementation — 10x6 "Comprehensive Regional CSRM Study" Update • WRDA 26 — Discussions on future of programs • Federal grants— A wide range of funding opportunities: • Flooding and storm resiliency, including BRIC funding •, „_ '',� . • Police & fire department projects (ex., COPS, AFG) • Infrastructure Bill opportunities, including surface transportation and connectivity Bec er Becker & PG11aKoi` FY25-26 APPROPRIATIONS PROCESSES • A typical appropriations cycle roughly mirrors Typical Timeframe Expected Action the timeframe to the right. • However, the FY26 process will likely be February/March FYguidance released; appropriations and impacted by the current FY25 stopgap bill earmark requests submitted extending government funding through March 14th. Members of Congress prioritize March/April submissions and send top picks to the • The FY26 process will be further affected by relevant appropriations subcommittee the expected Republican-led reconciliation package to advance the Trump Administration's Ma /June Subcommittees release draft y immigration and budgetary priorities. appropriations bills with selected submissions • The June 2023 debt limit agreement may also impose mandatory 1% budget cuts if Congress Fall/Winter Congress passes the annual appropriations bill fails to reach a full funding agreement by April 30th. Becker Becker & Poliakw TRUMP ADMINISTRATION GRANT AWARDING GOALS • Upon taking office, President Trump signed several executive orders (EC)) pausing the disbursement of IIJA and IRA energy project funds, meaning funding for other project categories can proceed. • This reflects the Trump Administration's goal of reprioritizing several existing grant programs to emphasize economic development and job creation rather than climate resilience and Environmental Justice 40 benchmarks sought by the Biden Administration. • We expect that funding allocated for this upcoming fiscal year to be generally unaffected after EO- mandated agency reviews, but future fiscal year funding opportunities will change to emphasize the new Administration's grant funding priorities. • Going forward, Congress must enact a Surface Transportation Reauthorization bill as the IIJA is set to expire at the end of 2026. • The Becker Team will work with the Trump Administration to ensure that IIJA and IRA funding are implemented to the City's advantage, or at least not scaled back to its disadvantage. We'll also continue to work with the City's delegation and appropriations staff in pursuing its FY26 funding priorities. Becker Becker & PChaKOff 3 CITY COUNCILS BRIEFINGS TO URISM AD VER TISING CAMPAIGN ITEM#76 719 1:23 P.M. Mayor Dyer welcomed Nancy Helman, Director—Convention and Visitors Bureau, Delceno Miles, Chair and John Zirkle, Vice Chair—Advertising Advisory Committee.Ms.Helman 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. Helman, Ms.Miles and Mr. Zirkle for the presentation. March 4, 2025 ' VISIT VIRGINIA BEACH TING UPDATE, City Council Briefing, March 4, 2025 1 _ virginia beach LIVE THE LIFE FOR TODAY: • Advertising Advisory :I. Committee Introduction • Year in review • Media Overview • Social Media + Content • Campaign Evolution virginia beach LIVE THE LIFE 2 ADVERTISING ADVISORY COMMITTEE Robert"Worth" Remick* Betsy Atkinson Jeanne Evans-Cox Deepak Nachnani City Council Liaison Member I Cottage &Rental Member I Central Business District Member ( Citizen Member Industry Association Dr. Amelia Ross- Sanjay Patel Hammond* Harshad Barot Amy Frostick Member I Virginia Beach Restaurant City Council Liaison Member I Resort Advisory Member I Shore Drive Corridor Association - Non Resort Area Commission Bayfront Area Delceno Miles Katherine Pittman Chair I Citizen with Advertising, Justin Beale Meredith Gray Member I Arts and Culture Marketing and Media Experience Member I Virginia Beach Hotel Member I Citizen with Advertising, John Zirkle Association Marketing and Media Experience Charles Thornton Member I Sports Industry Vice Chair I Virginia Beach Hotel Tyler Brown Daniel Heatwole* Association Member I Retail Association Hampton Roads Chamber of Teri Wiley* Nancy Helman* Commerce-Virginia Beach Division Executive Director of the Virginia Martha Davenport* Beach Hotel Association Director of the Virginia Beach Michael Mauch Executive Director of the Virginia Convention and Visitors Bureau Beach Restaurant Association Member I Virginia Beach Restaurant Samantha Renaud* Association *Ex-Officio/ Non-Voting Staff Liaison Members virginia beach —(; LIVE THE LIFE 3 is � ...• .i.. , a r .r. sr, "• > 1 1 e c Virginia Beach Convention and Visitors Bureau 5 virginia beach LIVE THE LIFE 6 REACHING OUR AUDIENCE Our media plan targets all of the key channels across the trip planning process. r u OUR TACTICS r TV Audio Online VideoAWARENESS DOOR M�Ir• Display, Native Online Travel Agency " Long Form Custom Content ENGAGEMENT Paid Social Media Retargeting In-Market Travel audiences CONVERSION Paid Social Media ER Content Advertising is also a big part of what we do. it virginia beach LIVE THE LIFE CORE DOMESTIC MEDIA MARKETS r Cleveland Primary Markets Secondary Markets P.NNSYC I Pittsburgh • OHIO Harris u NEW Washington, DC (9) Harrisburg New Philad Phia . 1kRSEY Charlotte (21) Greenville-New Bern (102) • Raleigh-Durham (22) 0 Johnstown-Altoona (112) M Y`AN° Baltimore (29) Wilmington (128) WEST IM I AW RI Greensboro (45) Salisbury (133) VIRGINIA was in Richmond (56) 0 Bluefield-Beckley (166) • Roanoke-Lynchburg (70) Harrisonburg (174) • Charlottesville (173) VIRGINIA Note: (number)represents DMA rank by overall population Virginia Be' NORTH ' Media to core markets tends to be where we focus higher- Charlotte CARouNA j cost media since it's such a large share of overall audience I but our Social, Display and Content Advertising have broad reach across the US and International markets to SOUTH CAROLINA virginia beach LIVE THE LIFE TARGET AUDIENCES BASED ON BEHAVIOR Primary Indicator: Consumers showing travel-interest and travel-ready indicators; travelers actively looking to book M Secondary Indicators: Travelers considering competitive destinations: p olncludes Myrtle Beach, SC, Ocean City, MD, Rehoboth Beach, DE and other Delaware beaches Interests that align with Virginia Beach's key offerings: oBeaches oOutdoors (including camping, biking, hiking, fishing, etc.) oWater Sports (including kayaking, paddleboarding, etc.) oRestaurants & Dining oShopping oArts & attractions (Aquarium, events, museums, history, etc.) KAYAK oFamily vacation activities virginia beach LIVE THE LIFE 9 DOMESTIC LEISURE MEDIA: FY24-25 SEM 8% ---.__ -._. _.......... _..- Events 3% Jul Aui Sep Oct _i Nov _b�i -i Jan Feb Apr a May.._....._._...._A{^...-...... Custom Content Always On 28% / I¢Q) 9% SLQJnIId �- , PUS mma/Fa115Nmu Custom Content � Events TlrWnq 780 SEM Seasonal Push 52% Core programmatic channels & top performers remain always-on, evergreen campaigns Media spend, particularly with more expensive channels, has been concentrated seasonally to drive impact during greatest need periods virginia beach LIVE THE LIFE a :. r Aso!IF WIN lwou NOW- I s _ ,,env:se - ,°"' ...re�R" .ate ,. ---••�C, �-,.. �, �� ��� �,� AVj •. .,... -- v""` .,.,,•'" +r.+sr., _ r - - _ `- „ate.» fm �. �l>-�_'`--s-'�' __ � �fi"'�_, .� �, :7 a � `- «�v. .y•�ia.. SIR �. �� -'`✓., .� ,.. '-- _.ti.=.r���\,... -+�"�r'..�.�-� ` t :.,� /'�r :,;:,. ,ter� -... •>�.�+►--�... ""+ii i,-� ' ?_ - ^- �_ � -�-^_~�Ada"."'T. ,�•,,,,� Z ���►-..•^,�T�'w�r _ ,�T �.. �.,r -_ •���` ' � � - �- � - ..'+tee► r :.Y • d F . ; CONTENT AS A FOUNDATION Social Media and Content are the foundations of our marketing strategy. While our ads expand our reach, it is here I , where we really get to tell the story of our destination. Here, we can: • Prioritize engagement • Focus on entertainment I I 911bi • Expanded upon destination offerings • Showcase diversity of the 1 . ti destination rx virginia beach LIVE THE LIFE CONTENT BRAND PILLARS From owned content in the form of articles on the Visit Virginia Beach Website to 25 minute episodes, we are connecting with visitors in the places they show up the most for trip planning. • Beach & Outdoors • Arts & Entertainment • Food & Drink • Shopping • History s Outside the Leisure Brand Pillars, we also focus on our core markets, such as Group Travel, Meetings & Conventions, and Sports. virginia beach LIVE THE LIFE 13 "W, virginia beach LIVE THE LIFE 14 HAPPINESS IS... CAMPAIGN EVOLUTION HAPPINESS IS A ?�at Our previous campaign, "Happiness Is A Real Place," performed very well PLACE in showcasing Virginia Beach as a destination that brings unparalleled joy to our visitors. Happiness is more than just a place however; it's a personal journey filled with unique experiences. .' r "Happiness Is..." allows us to celebrate this individuality. It embraces individuality, celebrating the idea that happiness looks different for x W Wl" everyone, and Virginia Beach offers a variety of experiences to ignite each individual's unique version of joy. And it expands possibilities, opening the door to a wider range of experiences and memories. HAPPINESS IS A Virginia Virginia beach beach 11VF THE LIFF 4�) A 7Q�at PLACE = y virginia beach LIVE THE LIFE 15 CAMPAIGN EXAMPLES Sports Center Video Ad ;k� , ;I •1= ;ERN �.� SPORTS CE --- TSCOMPI Meetings & Conventions Video Ad A AHAPPINESS It' HAPPINESS IS � .e, Digital Display HAPPINESS IS Travelzoo , - "yes HIUMSS 1S ® virginia Showcase Unit vit1vt is beach f 41 � �-'_ '' beach 11Vf 7Mf tiff virginia beach LIVE THE LIFE 16 AW A 1 r �. AMP." 1At �6= .�F virginia beach LIVE THE LIFE FOLLOW US FOR MORE! •� rr n vr W. 7� �. y'ti_1 �•• �� l�it �S � _ • ��. «. ''CI RUC k s. Instagram Youtube .� �� f= , r�llllll a ❑ � ��� 3 _� IIIIII+I ��' r• ® ,�; '�t y Facebook Blog virginia beach VIA- -44� LIVE THE LIfE ' '' 4 CITY COUNCILS BRIEFINGS ATLANTIC PARK UPDATE ITEM#76720 1:45 P.M. Mayor Dyer welcomed Emily Archer, Deputy Director—Economic Development. Ms. Archer 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.Archer for the presentation. March 4, 2025 4 � ATLANTIC PARK Atlantic Park Development Status Emily Archer, Economic Development Deputy Director City Council Briefing March 4, 2025 virginia beach • • . VENUE OPERATORS LIVE NAnc ®VG • - - - • • . DEVELOPMENT PARTNER'- • \ VENTUR= �Y�cril H2© ��[( C1AR R EA LTv GROUP COM4ANv INVESTMENTS SISI IARD • - • - - • • • - . FINANCE&INVESTMENT PARTNERS • • - • - 0 pf m PIPER I SANDLER GRANDBRIDGE (0) LASA LANG ASALLE SURF TECHNOLOGY&OPERATORS WAVE BEACH STREET CAa DEM DESIGN PARTNERS rd 1@9 • • • • • - Gensler r H A N B U R Y COOPER CARRY Kimley>»Horn Atlantic Park Project Cit VBDAAssets • 3,500-Person (5,000 with Outdoor • 300 Units of Multi-family Housing Amphitheater) Entertainment Venue • 106,000 Square Feet Retail/Restaurant • 2 Parking Garages (1,475 Spaces) • 10,000 Square Feet Office • 1/2 mile of rehabilitated public streets • 20 Surf Bungalow Units • 2.7 Acre Surf Lagoon Estimated Total Development Cost $350 Million L +A _ 'tic r a 4 1 q � _ e i it v. Construction Progress 4} Parking r Garages a , id r . �•. 89% Complete 11 J". 1 �, . Entertainment fLl. Venue b 75% Complete Off-Site Mixed-Use Infrastructure4. •• 79% Complete 49% Complete Surf Lagoon M r . 77% +ta _ Complete vlrginia beacF / ram- • - I 1 i 'i virginia bead- I a-,;,,,,,,� ! ".. ,�c� ail �'°�'R,"r'�fig'�e'arrrTr ''y�'l1RI .►Ar w V-,W—L Nif - �. � � $►.,.Sly. �. --- _ .�, ,-s - _ • 1 t� .:.... ,,.1 ., � .' ,(, �e °■may[. _ r a , r n a � q Anticipated Delivery Z7_ Parking Garages .. Opening, May 2025 R v . Entertainment �„ . � _�, �; Concert, First w : ,, ay 4, 2025 Off-Site - - „r. N `" Mixed-Use •�� r Infrastructure, � r. '" J ' q Residential Fall 2025 !r Opening, Spring- Fall 2025 Surf Lagoon ' Mixed-Use Retail Opening, ,- Opening, Spring- Summer - �. "' Summer 2025 2025 1 , 4 vIrginia be & c � I i p r r i TT- TF=1 , j LL r n-, 'ii UrrE f-r _.; .... Hild Z 1 • • . • �- �i r - --' • - ' _= N.LL - • • [[`E: Ir[ ED E•IE -VI dp rT 1 � E• .rM.4 it E 1 • �, t • • • C fE-T[[T �[[n Fi- rIIaim l6'f M..RTyC - L r E i [ - I.I .T.r[ E I E Thank you QUESTIONS ? virginia beach 9 ImprovementPublic Funding Overview Capital . • Contribution Atlantic Park Parking $47,750,000 Atlantic Park Entertainment Venue $54,797,614 Atlantic Park Streetscapes $6,off,000 Atlantic Park Off-Site Infrastructure $34,967,955 10 �Irqinis beach Atlantic Park Site Acquisition $9,194,182 Total $152,709,751 5 CITY COUNCIL LIAISON REPORTS ITEM#76 721 1:53 P.M. Council Member Cummings advised he and Vice Mayor Wilson attended the School Modernization Committee Meeting last week and received a very sobering budget briefing. Council Member Cummings advised there are fiscal and debt limitation concerns which will need to be addressed by both the City and School Board. Council Member Cummings advised the School Board acknowledged an understanding of the concerns and committed to doing their part as they prepare their budget. Vice Mayor Wilson complimented the School Board on a couple of cost-saving decisions they have made; the first is to move the Bayside Sixth Grade Campus to be combined with Bayside Middle School, saving approximately$1-Million in operating costs annually. Vice Mayor Wilson advised the second decision is to build additions on to other elementary schools to accommodate the students at Bettie F. Williams Elementary instead of replacing the school, estimated to save $143 Million. Vice Mayor Wilson advised the cost to replace Princess Anne High School is significant so the School Board will have to decide if they want to go forward with replacing it, and expressed she is hopeful they will find a way as the costs will only increase. Mayor Dyer advised this is reflective of the types of conversations the Body will have goingforward through the Budget process as the cost of government has significantly increased since 2018. Mayor Dyer advised in 2018, the cost to replace Princess Anne High School was estimated at$200 Million, now it could be as high as$500-Million, and is only one of the challenging Capital Improvement Projects that will need to be confronted and prioritized. March 4, 2025 6 CITY COUNCIL DISCUSSIONIINITL4TIVESI COMMENTS ITEM#76 722 1:58 P.M. Council Member Cummings advised he would like to formally recognize the Frank W. Cox High School wrestling team who won their second consecutive Class 5 State Championship. Mayor Dyer expressed his support to present the team with a formal Resolution. March 4, 2025 7 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#76 723 (Continued) Council Member Hutcheson advised last Saturday funeral services were held for the two(2)police officers and expressed his gratitudefor the outpouring supportfrom the community, including individuals and local businesses. Council Member Hutcheson expressed his sympathy for the families and all others who are hurting since the painful loss of two fine young men and described the powerful sight of first responders filling the church, which was packed to capacity, with a long line of emergency vehicles lining Kempsville Road. Council Member Hutcheson expressed it was a gut-wrenching moment when the last alarm sounded, with no dry eye in the church as the bagpipes played "Amazing Grace". Council Member Hutcheson advised while it was a tough day, the City should be proud in how well the service was organized and attended. Mayor Dyer advised it has been just over a week since the City's foundation was rocked and it is difficult to find the right words during times like this. Mayor Dyer expressed the response reflects the character of this community which includes the many faiths that act as the glue holding the City together in a magnificent way, adding, there is a reason the City has been recognized as the "Most Caring City" in the country. Mayor Dyer advised he arrived thirty(30) minutes before the viewing began and saw hundreds of people already in line and at the church, it was at capacity with 5,000 seated and more standing, it was an outpouring of love and support. Mayor Dyer advised it is important to recognize all of the Police Officers, Firefighters and EMS personnel who are the City's heroes. Council Member Schulman expressed his sorrow for the direct impact on the families and the indirect impact on so many others,specifically the law enforcement and public safety community. Council Member Schulman advised he has reached out to several over this past week to check on them and express his appreciation for them. Council Member Jackson-Green expressed his appreciation to the Virginia Beach Police Benevolent Association for all of their support. March 4, 2025 8 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#76 724 (Continued) Council Member Schulman advised Council Member Rouse sent the Body an email to request support for a Resolution recognizing April as "Month of the Military Child" and she would like to present it to the City's Armed Forces YMCA during the April 15"h City Council Meeting. Council Member Schulman expressed his support and asked the Body to reply to Council Member Rouse if they support the Resolution. Mayor Dyer advised the military community are also included in the City's community of heroes and believes military spouses are the unsung heroes who support them. March 4, 2025 9 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#76725 (Continued) Council Member Jackson-Green expressed his appreciation to Public Works employee,Morice Wellington, who went above and beyond in the performance of his duties. March 4, 2025 10 AGENDA REVIEW SESSION ITEM#76726 2:53 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCESIRESOL UTION 1. Ordinance to AMEND City Code Section 10-1 re change of polling location for Precinct 0016 to Old Donation School at 4633 Honey grove Road and REQUEST a waiver to administer a split precinct for Precinct 0069(Requested by the Virginia Beach Electoral Board) 2. Ordinance to AWARD a License for a portion of City-owned property at 4535 Commerce Street to a Federal Agency for a five (5)year term re installation and operation of radio transmission equipment 3. Ordinance to CONFIRM the Declaration of a Local Emergency re Winter Storm Kinston 4. Ordinance to AMEND City Code Section 34-70 re variances from the lifeguard requirement for certain condominium pools(Requested by Mayor Dyer and Council Member Cummings) 5. Ordinance to EXPAND the scope of the Towing Advisory Board re include review of police requested tows(Requested by Mayor Dyer and Council Members Remick and Schulman) 6. Ordinance to DIRECT the City Manager to proceed with School Zone Photo Speed Enforcement and DEDICATE any excess revenue from such program to Capital Project #100423 "Traffic Safety Improvements IV" 7. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Forestry and the City repurchase of Agricultural Reserve Program Easements 8. Ordinance to ACCEPT and APPROPRIATE $3,018,008.05 and $41,180.08 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Helene 9. Ordinance to ACCEPT and APPROPRIATE $929,280.37 and $19,292.80 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Milton 10. Ordinance to ACCEPT and APPROPRIATE $23,587.53 and $707.63 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Disturbance Invest 94L March 4, 2025 11 AGENDA REVIEW SESSION ITEM#76726 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. DAM NECK ASSOCL4TES, LLC,for a Conditional Change of Zoning from a A-18 Apartment District & B-2 Community Business District to a Conditional B-4 Mixed-Use District and a Modification oLProffers to a Conditional Change of Zoning re develop a mixed-use project at 872 & 1089 Dam Neck Road and 1064& 1080 Dam Neck Station Road DISTRICT 5 (Deferred from January 21, 2025) 2. VICTORL4 WALSH for a Conditional Use Permit re short term rental at 917 Pacific Avenue, Unit A DISTRICT 5(Deferred from February 4, 2025) K. PLANNING: COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM#1 March 4, 2025 12 ITEM#76 72 7 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: 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 2.2-3 711(A)(7). • Richard "RK"Kowalewitch v. City of Virginia Beach (Requested by City Attorney) • Linwood Branch, et al. v. City of Virginia Beach (Requested by City Attorney) • Latasha Holloway v. City of Virginia Beach (Requested by City Attorney) 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 S(Requested by City Manager) 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 2.2-3 711(A)(29) • Son Rise Festival(Requested by Council Member Jackson-Green) • Virginia Gentlemen Cost Participation Agreement(Requested by Vice Mayor Wilson) 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- 3 711(A)(1). • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees (Requested by City Council) March 4, 2025 13 ITEM#76 72 7 (Continued) Upon motion by Council Member Jackson-Green, seconded by Council Member Schulman, City Council voted to proceed into CLOSED SESSION at 2:17 P.M. Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse Break 2:17 P.M. — 2:37 P.M. Closed Session 2:37P.M. — 4:45 P.M. Break 4:45 P.M. — 5:59 P.M. March 4, 2025 14 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 4, 2025 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,March 4, 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond -Personal Jennifer Rouse—Family Emergency INVOCATION: Reverend Beth Anderson Pastor, Courthouse Community United Methodist Church MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34"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 oftransactions 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. March 4, 2025 15 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State andLocal Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a 'personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. March 4, 2025 16 VI.F CERTIFICATION ITEM#76 728 Upon motion Council Member Schulman, seconded by Council Member Jackson-Green, 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: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N.Ross-Hammond Jennifer Rouse March 4, 2025 ��Nv+•BFgc J�4�J yGp 04 J UW j 4u� S OF OURL""N PS N 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#76727 on Page 13 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. I Amanda Barnes, C City Clerk March 4, 2025 17 ITEM— VI.G.1 MINUTES ITEM#76 729 Upon motion by Council Member Jackson-Green, seconded by Council Member Schulman, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of Februaty 18,2025 Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 18 ITEM— VI.H.1 MAYOR'S PRESENTATION ITEM#76 73 0 PROCLAMA TION DEVELOPMENTAL DISABILITIES AWARENESS MONTH Mayor Dyer welcomed Dr. Joyce Harvey, Chair- Community Services Board and read the Proclamation declaring March 2025, "DEVELOPMENTAL DISABILITIES AWARENESS MONTH". Mayor Dyer called upon all citizens,families, and friends to celebrate this month and recognize the efforts to fight against developmental disabilities. On behalf of the Community Services Board, Dr. Harvey expressed her appreciation to City Council for their continuous support and valuing the work of the Community Services Board Members. March 4, 2025 U 1LIR �v i3rodamation Whereas Developmental Disabilities Awareness Month recognizes and celebrates the invaluable contributions that people with intellectual and developmental disabilities offer to our community.Individuals with a developmental disability of all ethnic,racial,social, educational,and economic backgrounds are treated equally,and all are valued members of society who find fulfillment in living everyday lives;and Whereas The City of Virginia Beach is committed to providing essential services to reduce barriers for people with developmental disabilities;and Whereas We encourage our community to support opportunities for individuals with developmental disabilities,including access to education,housing,employment,and recreational activities;and Whereas: We value opportunities for citizens with developmental disabilities to function as independently and productively as possible.with full inclusion;and Whereas: We value what is important to people with disabilities and their families who are striving for everyday lives no different than those of all other citizens;and Whereas: Early intervention,education, employment, and community-based services continue to be vital to enabling citizens with a developmental disability to lead full and purposeful lives;and Whereas: Increased public awareness about developmental disabilities will improve access to services,create new opportunities,and promote community integration and engagement. Now, Therefore,I,Mayor "Bobby"Dyer,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim: March 2025 (DevelopmentafOisa6ties Awareness W-Onth In Virginia Beach,I call upon all citizens,families,and friends to join us in celebrating this month and recognizing the efforts to fight against developmental disabilities. In Witness Whereof,I,have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this Fourth Day of March, two thousand Twenty-Five. Robert M. "Bobby"Dyer Mayor 19 ITEM— VI.I FORMAL SESSION AGENDA ITEM#76 731 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: Tim Anderson, 2492 North Landing Road, Phone: 301-3636, spoke in OPPOSITION of Ordinance J.6 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolution J.•1, 3, 4, 5, 6, 7, 8, 9 and 10 and Planning Items K:1 and 2 Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse J. ORDINANCESIRESOL UTION: ITEM#2 WILL BE CONSIDERED SEPARATELY K.PLANNING: COUNCIL MEMBER REMICK FILED A DISCLOSURE LETTER FOR ITEM#1 March 4, 2025 20 ITEM— VI.J.1 ORDINANCESIRESOL UTION ITEM#76732 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AMEND City Code Section 10-1 re change of polling location for Precinct 0016 to Old Donation School at 4633 Honey grove Road and REQUEST a waiver to administer a split precinct for Precinct 0069(Requested by the Virginia Beach Electoral Board) Voting: 9-0 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr. Amelia N.Ross-Hammond Jennifer Rouse March 4, 2025 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO CHANGE THE POLLING 3 LOCATION FOR PRECINCT 0016 AND TO 4 REQUEST A WAIVER TO ADMINISTER A SPLIT 5 PRECINCT FOR PRECINCT 0069 6 7 SECTION AMENDED: § 10-1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. Section 10-1 of the City Code is hereby amended and reordained to read as 13 follows: 14 15 Sec. 10-1. Establishment of precincts and polling places. 16 17 There are hereby established in the city the following precincts and their respective 18 polling places, as set forth below: 19 20 Precinct Polling Place 21 0001 Galilee Episcopal Church 22 3928 Pacific Avenue 23451 23 0002 Museum of Contemporary Art 24 2200 Parks Avenue 23451 25 0003 Ocean Lakes Elementary 26 1616 Upton Drive 23454 27 0004 Virginia Beach Community Chapel 28 1261 Laskin Road 23451 29 0005 Mount Olive Baptist Church 30 310 N. Birdneck Road 23451 31 0006 Alanton Elementary School 32 1441 Stephens Road 23454 33 0007 King's Grant Presbyterian Church 34 745 Little Neck Road 23452 35 0008 London Bridge Baptist Church 36 2460 Potters Road 23454 37 0009 Trantwood Elementary School 38 2344 Inlynnview Road 23454 39 0010 All Saints' Episcopal Church 40 1969 Woodside Lane 23454 41 0011 Edgar Cayce's Association for Research 42 and Enlightenment 43 215 67"' Street 23451 44 0012 Lynnhaven Elementary School 45 210 Dillon Drive 23452 46 0013 Windsor Woods Elementary School 47 233 Presidential Boulevard 23452 48 0014 Malibu Elementary School 49 3632 Edinburgh Drive 23452 50 0015 Calvary Baptist Church 51 4832 Haygood Road 23455 52 0016 Bayside Sixth GFade Campus 53 54 Old Donation School 55 4633 Honeygrove Road 56 0017 The Louis R. Jones Bayside Recreation Center 57 4500 First Court Road 23455 58 0018 Independence Middle School 59 1370 Dunstan Lane 23455 60 0019 Bayside Church of Christ 61 5025 Shell Road 23455 62 0020 Bayside Elementary School 63 5649 Bayside Road 23455 64 0021 Bettie F. Williams Elementary School 65 892 Newtown Road 23462 66 0022 Point O' View Elementary School 67 5400 Parliament Drive 23462 68 0023 Arrowhead Elementary School 69 5549 Susquehanna Drive 23462 70 0024 St. Andrews United Methodist Church 71 717 Tucson Road 23462 72 0025 Fairfield Elementary School 73 5428 Providence Rd. 23464 74 0026 Kempsville Presbyterian Church 75 805 Kempsville Road 23464 76 0027 Kempsville Middle School 77 860 Churchill Drive 23464 78 0028 Thalia Elementary School 79 421 Thalia Road 23452 80 0029 Holland Elementary School 81 3340 Holland Road 23452 82 0030 Seatack Elementary School 83 912 S. Birdneck Road 23451 84 0031 Red Mill Elementary School 85 1860 Sandbridge Road 23456 86 0032 Oak Grove Baptist Church 87 691 Princess Anne Road 23457 88 0033 Back Bay Christian Assembly 89 1212 Princess Anne Road 23457 90 0034 Blackwater Fire Station 91 6009 Blackwater Road 23457 92 0035 Kellam High School 93 2665 West Neck Road 23456 94 0036 Red Church Steeple 95 245 S. Rosemont Rd 23452 96 0037 Bayside Baptist Church 97 1920 Pleasure House Road 23455 98 0038 Bayside Presbyterian Church 99 1400 Ewell Road 23455 100 0039 Pembroke Elementary School 101 4622 Jericho Road 23462 102 0040 Union Baptist Church 103 4608 South Boulevard 23452 104 0041 College Park Elementary School 105 1110 Bennington Road 23464 106 0042 Brandon Middle School 107 1700 Pope Street 23464 108 0043 Salem Middle School 109 2380 Lynnhaven Parkway 23464 110 0044 Centerville Elementary School 111 2201 Centerville Turnpike 23464 112 0045 White Oaks Elementary School 113 960 Windsor Oaks Boulevard 23462 114 0046 Green Run Elementary School 115 1200 Green Garden Circle 23453 116 0047 King's Grant Elementary School 117 612 N Lynnhaven Road 23452 118 0048 WAVE Church 119 1000 N. Great Neck Road 23454 120 0049 John B. Dey Elementary School 121 1900 N. Great Neck Rd. 23454 122 0050 The Gathering at Scott Memorial 123 United Methodist Church 124 409 First Colonial Road 23454 125 0051 Kempsville Area Library 126 832 Kempsville Road 23464 127 0052 Providence Presbyterian Church 128 5497 Providence Road 23464 129 0053 Kempsville Elementary School 130 570 Kempsville Road 23464 131 0054 Landstown High School 132 2001 Concert Drive 23456 133 0055 Virginia Beach Moose Family Center 134 3133 Shipps Corner Road 23453 135 0056 St. Aidan's Episcopal Church 136 3201 Edinburgh Drive 23452 137 0057 St. Matthew Catholic Church 138 3314 Sandra Lane 23464 139 0058 Glenwood Elementary School 140 2213 Round Hill Drive 23464 141 0059 Shelton Park Elementary School 142 1700 Shelton Road 23455 143 0060 WAVE Church 144 2655 Seaboard Road 23456 145 0061 Ebenezer Baptist Church 146 965 Baker Road 23455 147 0062 Restoration Church at Landstown 148 3220 Monet Drive 23453 149 0063 Ocean Lakes High School 150 885 Schumann Drive 23454 151 0064 Rosemont Forest Elementary School 152 1716 Grey Friars Chase 23456 153 0065 Colonial Baptist Church 154 2221 Centerville Turnpike 23464 155 0066 Princess Anne Recreation Center 156 1400 Nimmo Parkway 23456 157 0067 Eastern Shore Chapel 158 2020 Laskin Road 23454 159 0068 Providence Elementary School 160 4968 Providence Road 23464 161 0069 Unity Church of Tidewater 162 5580 Shell Road 23455 163 0070 Corporate Landing Middle School 164 1597 Corporate Landing Parkway 23454 165 0071 Salem High School 166 1993 Sun Devil Drive 23464 167 0072 W. T. Cooke Elementary School 168 1501 Mediterranean Avenue 23451 169 0073 Green Run High School 170 1700 Dahlia Drive 23453 171 0074 Rosemont Elementary School 172 1257 Rosemont Rd. 23453 173 0075 Lynnhaven Colony Congregational Church 174 2217 W. Great Neck Road 23451 175 0076 Thalia Lynn Baptist Church 176 4392 Virginia Beach Boulevard 23462 177 0077 Plaza Annex 178 641 Carriage Hill Rd 23452 179 0078 Indian Lakes Elementary School 180 1240 Homestead Drive 23464 181 0079 Emmanuel Episcopal Church 182 5181 Singleton Way 23462 183 0080 Kingdom Cathedral 184 3820 Stoneshore Road 23452 185 0081 Salem Elementary School 186 3961 Salem Lakes Boulevard 23456 187 0082 Christopher Farms Elementary School 188 2828 Pleasant Acres Drive 23453 189 0083 Strawbridge Elementary School 190 2553 Strawbridge Road 23456 191 0084 Tallwood Elementary School 192 2025 Kempsville Road 23464 193 0085 Three Oaks Elementary School 194 2201 Elson Green Avenue 23456 195 0086 Haygood United Methodist Church 196 4713 Haygood Road 23455 197 0087 New Castle Elementary School 198 4136 Dam Neck Road 23456 199 0088 Hope Haven 200 3000 North Landing Road 23456 201 0089 New Covenant Presbyterian Church 202 1552 Kempsville Road 23464 203 0090 Morning Star Baptist Church 204 4780 First Court Road 23455 205 0091 Larkspur Middle School 206 4696 Princess Anne Road 23462 207 0092 Lynnhaven United Methodist Church 208 1033 Little Neck Road 23452 209 0093 Enoch Baptist Church Family Life Center 210 5685 Herbert Moore Road 23462 211 0094 Plaza Middle School 212 3080 S. Lynnhaven Road 23452 213 0095 Corporate Landing Elementary School 214 1590 Corporate Landing Parkway 23454 215 0096 Freedom Fellowship 216 836 Regency Drive 23454 217 0097 San Lorenzo Spiritual Center 218 4556 Indian River Rd. 23456 219 0098 Windsor Oaks Elementary School 220 3800 Van Buren Drive 23452 221 0099 Parkway Elementary School 222 4180 O'Hare Drive 23456 223 0100 Tabernacle United Methodist Church 224 1265 Sandbridge Rd. 23456 225 0101 Luxford Elementary School 226 4808 Haygood Road 23455 227 0102 Diamond Springs Elementary School 228 5225 Learning Circle 23462 229 0103 Kempsville Meadows Elementary School 230 736 Edwin Drive 23462 231 0104 Woodstock Elementary School 232 6016 Providence Road 23464 233 0105 Pembroke Meadows Elementary School 234 820 Cathedral Drive 23455 235 0106 Thalia United Methodist Church 236 4321 Virginia Beach Boulevard 23452 237 0107 Linkhom Park Elementary School 238 977 First Colonial Road 23454 239 0108 The Gala 417 240 2105 W. Great Neck Road 23451 241 Central Absentee Voter Agriculture/Voter Registrar Building 242 Precinct 243 244 Notwithstanding the preceding, for the June 2024 primary and-November 2024 election, 245 the Central Absentee Voter Precinct will be located at Building 23 within the Municipal 246 Center, which has a street address of 2473 North Landing Road. The Building 14 247 location, which is also known as the Agriculture/Voter Registrar Building, shall remain 248 open to the public during the customary hours required for an office of the voter registrar 249 on the date of an election. 250 251 2. The City Council hereby requests the State Board of Elections provide a waiver to 252 administer a split precinct for Precinct 0069, which contains Senate Districts 20 253 and 22 and House Districts 95 and 100. 254 255 3. The Voter Registrar and the City Attorney are hereby directed to seek a 256 certification of no objection from the Office of the Attorney General using the 257 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct 258 change authorized herein. The precinct change shall not be administered unless 259 and until the Attorney General has provided such certification or if 60 days lapses 260 without the Attorney General interposing an objection. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4 t h day Of March _ , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar rney's Office CA16803 R-1 January 23, 2025 21 ITEM— 117 J.2 ORDINANCES/RESOL UTION ITEM#76733 The following registered to speak.- Joe Johnson, 1720 Woodhouse Road, Phone: 633-5192, spoke in OPPOSITION Melissa Lukeson, 1884 Wolfsnare Road,Phone:289-9003, spoke in OPPOSITION Upon motion by Council Member Remick, seconded by Council Member Schulman, City Council ADOPTED Ordinance to AWARD a License for a portion of City-owned property at 4535 Commerce Street to a Federal Agency for a five (5)year term re installation and operation of radio transmission equipment Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 1 AN ORDINANCE TO AWARD A LICENSE OF A 2 PORTION OF CITY PROPERTY LOCATED AT 3 4535 COMMERCE STREET INSIDE THE 4 COMMUNICATIONS ROOM AND UNDER THE 5 SPIRE ATOP THE WESTIN TOWER 6 7 WHEREAS, the City of Virginia Beach ("City") owns a condominium unit on the 8 top of the Westin tower at 4535 Commerce Street ("Communications Room"); 9 10 WHEREAS, the City purchased the Communications Room for the purpose of 11 installing and utilizing communications equipment to benefit the needs of the City; 12 13 WHEREAS, to support the equipment used in the Communications Room, the 14 City licenses ("License") from Town Center Associates 7, L.L.C. use of all of the space 15 underneath the spire on the roof of the Westin tower ("Spire Space"); 16 17 WHEREAS, pursuant to the terms of the License, the City has the right to 18 sublicense use of the Spire Space to third parties; 19 20 WHEREAS, the City received a request from a federal agency ("FA") to 21 sublicense a portion of the Spire Space for a five (5) year term; and 22 23 WHEREAS, the proposed use by FA would not interfere with the City's use of the 24 Communications Room or the Spire Space. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a license agreement, for 30 the term of five (5) years, between FA and the City, for space within the 31 Communications Room and the Spire Space, in accordance with the agreement and 32 such other terms, conditions and modifications as may be acceptable to the City 33 Manager and in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h 36 day of March , 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A,., - Information Technology City Attorney's Office CA16806 R-1 February 3,2025 SUMMARY OF TERMS AN ORDINANCE TO AWARD A LICENSE OF A PORTION OF CITY PROPERTY LOCATED AT 4535 COMMERCE STREET INSIDE THE COMMUNICATIONS ROOM AND UNDER THE SPIRE ATOP THE WESTIN TOWER LICENSOR: City of Virginia Beach ("City") LICENSEE: Federal agency ("FA") PREMISES: Approximately 11+/- sq. ft. of space within the communications room in the Westin tower and 15+/- sq. ft. of space under the spire atop the Westin tower, located at 4535 Commerce Street (Town Center— Block 7) TERM: Five (5) years LICENSE FEE: FA will not pay a license fee. FA will pay the costs of any maintenance and operation of its equipment at Town Center-Block 7. PROPOSED USE: Installation and operation of radio transmission equipment to support FA's communications operations. RESTRICTIONS ON USE OF LICENSED AREA: The placement and operation of all equipment shall not interfere with the City's equipment and operations at the Westin tower in either the communications room or on the roof. City to approve, in advance, all equipment and the placement of all equipment of Licensee. 22 ITEM— VI.J.3 ORDINANCESIRESOL UTION ITEM#76 734 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to CONFIRM the Declaration of a Local Emergency re Winter Storm Kinston Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO WINTER STORM 3 KINGSTON 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), the City 11 Council, by adoption of §§ 2-411 through 2-413 of the City Code, created the Office of 12 Emergency Management and appointed the City Manager as the Director of Emergency 13 Management; 14 15 WHEREAS, in response to the imminent threat of severe wind, freezing rain, 16 heavy snow, and ice accumulation, the City Manager, as the Director of Emergency 17 Management, issued a Declaration of Local Emergency on February 18, 2025, effective 18 on February 19, 2025, at 6:00 a.m. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 24 the Declaration of Local Emergency issued by the City Manager on February 18, 2025, 25 a copy of which is attached hereto and incorporated by reference; and hereby ends the 26 declared emergency, effective February 22, 2025, at 6:00 a.m. Adopted by the Council of the City of Virginia Beach on the 4th day of March 2025. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency Management Coordinator City ttorney's Office CA16823 R-1 February 18, 2025 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as Director of Emergency Management for the City of Virginia Beach,find the imminent threat of severe wind,freezing rain,heavy snow, and ice accumulation,along with the loss or interruption of vital City services posed by Winter Storm Kingston to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss,hardship or suffering. Therefore,pursuant to Code of Virginia§ 44-146.21,as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning February 19,2025, at 0600 hours. In accordance with this Declaration,the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out,all powers,duties,and functions prescribed by State and local laws,rules, regulations,and plans as may be necessary to adequately and appropriately respond to said Local Emergency. f to- Patrick A. Duhaney, City Manager Director of Emergency Management February 18,2025 Date 23 ITEM— VI.J.4 ORDINANCES/RESOLUTION ITEM#76735 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to AMEND City Code Section 34-70 re variances from the lifeguard requirement for certain condominium pools(Requested by Mayor Dyer and Council Member Cummings) Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 Requested by Mayor Dyer and Councilmember Cummings 1 AN ORDINANCE TO AMEND SECTION 34-70 2 OF THE CITY CODE PERTAINING TO 3 VARIANCES FROM THE LIFEGUARD 4 REQUIREMENT FOR CERTAIN 5 CONDOMINIUM POOLS 6 7 SECTION AMENDED: § 34-70 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Section 34-70 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and reordained to read as follows: 15 Sec. 34-70. Lifeguards. 16 (a) There shall be at least one (1) lifeguard on duty at all times when the type 2 pool is 17 of two thousand (2,000) square feet (185.79 square meters) of water surface or 18 more and when open for use. 19 . . . . 20 (e) Variance procedure for type 2 condominium pools: Owners of type 2 condominium 21 pools greater than two thousand (2,000) square feet and less than three thousand 22 three hundred (3,300) (3,000) square feet may apply for a variance to the lifeguard 23 requirements of this section. 24 (1) Variances to the requirements of this section may be granted by the 25 administrative authority where: 26 a. The pool area is access controlled; 27 b. The entrance to and the pool area are under surveillance at all times when 28 the pool is open without a lifeguard, 29 c. Pool rules, which are distributed to all members of the condominium, state 30 that no minors under the age of 16 shall be in the pool area unless 31 accompanied by an adult when no lifeguard is provided; and 32 d. There are conspicuously posted legible signs that contain the following 33 language: 34 WARNING: NO LIFEGUARD ON DUTY. 35 MINORS UNDER THE AGE OF 16 ARE NOT ALLOWED TO USE THE POOL 36 UNLESS ACCOMPANIED BY A RESPONSIBLE ADULT. 37 (2) The application for a variance to the administrative authority shall be on forms 38 provided by the administrative authority and must include: 39 a. A statement requesting specific times for the variance to apply and the 40 reasons for those times; and 41 b. The reasons why the public health and safety will not be jeopardized if the 42 variance is granted. 43 (3) Within a reasonable time, not to exceed sixty (60) days from the receipt of a 44 complete written application the administrative authority shall grant, deny or 45 grant with conditions such variance. The administrative authority shall 46 consider, in addition to the requirements of subdivision (e)(1), the following 47 factors: 48 a. Any circumstances unique to the applicant's facility; 49 b. The effects that the variance would have on the health and safety of the 50 public; and 51 c. Any other health and safety factors, as determined by the administrative 52 authority. 53 (4) The administrative authority shall notify the applicant in writing of the approval 54 of the variance, the effective date of the variance and the conditions attached 55 to the approval of the variance. Failure to comply with the conditions shall 56 result in the immediate revocation of the variance. 57 A denial of the variance shall also be in writing giving the reasons for the 58 denial. 59 (5) Each variance approved shall be conspicuously posted in public view in the 60 pool area. 61 (6) Variances expire on October 1 and must be applied for on a yearly basis. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day of March , 2025. APPROVED AS TO LEGAL SUFFICIENCY: i City Attorneys Office CA16664 R-1 February 11, 2025 24 ITEM— VI.J.S ORDINANCES/RESOLUTION ITEM#76736 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to EXPAND the scope of the Towing Advisory Board re include review of police requested tows(Requested by Mayor Dyer and Council Members Remick and Schulman) Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 REQUESTED BY MAYOR DYER AND COUNCILMEMBERS REMICK AND SCHULMAN 1 AN ORDINANCE TO EXPAND THE SCOPE OF 2 THE TOWING ADVISORY BOARD TO 3 INCLUDE REVIEW OF POLICE REQUESTED 4 TOWS 5 6 WHEREAS, in 1993, a change to state law required local governing bodies to 7 appoint an advisory board prior to adopting or amending any ordinance that regulates the 8 use of tow trucks to enforce parking restrictions on private property; 9 10 WHEREAS, on July 6, 1993, the City Council established the Virginia Beach 11 Towing Advisory Board for the purpose of (1) reviewing any proposed City Code 12 amendment pertaining to the removal of unauthorized vehicles from private property 13 (including the fees charged for such removal); and (2) making recommendations to the 14 City Council regarding the provisions of any such amendment; 15 16 WHEREAS, the City Council subsequently amended the City Code to regulate the 17 use of tow trucks to enforce parking restrictions on private property, but the City Council 18 has not adopted an ordinance to regulate police-requested tows of unattended, 19 abandoned, or immobile vehicles; 20 21 WHEREAS, state law requires the City Council to seek the advice of a towing 22 advisory board prior to adopting any ordinance regulating the removal of vehicles upon 23 police request; and 24 25 WHEREAS, the Virginia Beach Towing Advisory Board has requested that the City 26 Council expand the Board's authority to include reviewing any proposed ordinance 27 pertaining to the removal of vehicles upon police request and making recommendations 28 to the City Council regarding the provisions of any such ordinance. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the scope of the Towing Advisory Board is hereby amended to include: 34 35 (1) reviewing any proposed ordinance pertaining to the removal of unauthorized 36 vehicles from private property and any ordinance pertaining to the removal of vehicles 37 upon police request; and 38 39 (2) making recommendations to City Council regarding the provisions of any such 40 ordinance(s). Adopted by the City Council of the City of Virginia Beach, Virginia on the 4th day of March , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys Office CA16407 R-1 January 29, 2025 25 ITEM— VI.J.6 ORDINANCESIRESOL UTION ITEM#76 73 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to DIRECT the City Manager to proceed with School Zone Photo Speed Enforcement and DEDICATE any excess revenue from such program to Capital Project#100423 "Traffic Safety Improvements IV" Voting: 9- 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,Joashua F. `Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 1 AN ORDINANCE TO DIRECT THE CITY MANAGER 2 TO PROCEED WITH SCHOOL ZONE PHOTO SPEED 3 ENFORCEMENT AND TO DEDICATE ANY EXCESS 4 REVENUE FROM SUCH PROGRAM TO A TRAFFIC 5 AND PEDESTRIAN SAFETY CAPITAL PROJECT 6 7 WHEREAS, the General Assembly has authorized localities to undertake photo 8 speed enforcement in highway work zones and school crossing zones; 9 10 WHEREAS, the City Council desires to empower its public safety agencies to 11 make efficient use of technology to enhance traffic and pedestrian safety; 12 13 WHEREAS, Capital Project #100423, "Traffic Safety Improvements IV," provides 14 for modification of existing roadways to enhance traffic safety, install sidewalks, and other 15 traffic safety improvements; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1. The City Manager is hereby directed to pursue inclusion of photo speed 21 enforcement in school zones in addition to the current stop light enforcement 22 program (PHOTOSafe). Such photo enforcement program shall be undertaken in 23 conformity with Virginia Code §46.2-882.1. 24 25 2 The revenues in excess of expenses from photo speed enforcement in school 26 zones in hereby dedicated to Capital Project#100423. 27 28 BE IT FURTHER RESOLVED, THAT: 29 30 Prior to pursuing photo enforcement in work zones, the City Manager is to seek 31 further direction of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day ofMarch , 2025. APPROVE4 TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police D artment e City Attorney CA1682 R-2 February 21, 2025 26 ITEM— VI.J.7 ORDINANCESIRESOL UTION ITEM#76738 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Forestry and the City repurchase of Agricultural Reserve Program Easements Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF FORESTRY AND 5 THE CITY OF VIRGINIA BEACH REGARDING THE 6 PURCHASE OF AGRICULTURAL RESERVE 7 PROGRAM EASEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 12 within the City; 13 14 WHEREAS, since its inception of the ARP, approximately 10,786 acres of land 15 have been placed under easements restricting development of the land to agricultural 16 uses; 17 18 WHEREAS, the General Assembly, by Chapter 1 of the 2024 Special Session 1 19 Acts of Assembly, appropriated $437,500.00 in the fiscal year ending June 30, 2025 to 20 the Virginia Farmland Preservation Fund for the continuation of a state fund to match 21 local governmental purchases of development rights program funds for the preservation 22 of working farms and forest lands; 23 24 WHEREAS, Section 10.1-1119.3 of the Code of Virginia authorizes the Virginia 25 Department of Forestry Office of Working Lands Preservation ("VDOF") to develop 26 methods and sources of revenue for allocating funds to localities to purchase agricultural 27 conservation easements; 28 29 WHEREAS, VDOF has determined that the City is eligible to receive contributions 30 of funds from VDOF in reimbursement for certain costs the City will incur in the course of 31 purchasing ARP easements; 32 33 WHEREAS, the City and VDOF desire to enter into an agreement wherein VDOF 34 will agree to reimburse the City for certain costs incurred by the City in the course of 35 purchasing ARP easements, up to a cumulative maximum amount of $161,128.57 for a 36 period of two (2) years from the date of the agreement; 37 38 WHEREAS, a copy of the proposed agreement between the City and VDOF, 39 entitled "Intergovernmental Agreement Between Virginia Department of Forestry and 40 The City of Virginia Beach," dated January 1, 2025 (the "Agreement"), is on file in the 41 City Clerk's Office; 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 46 WHEREAS, the City Council finds that the terms of the said Agreement are fair 47 and reasonable and would be of significant benefit to the City and its citizens by 48 providing an additional source of funds for the purchase of ARP easements. 49 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 51 OF VIRGINIA BEACH: 52 53 That the City Manager is hereby authorized and directed to execute the 54 Intergovernmental Agreement between the Virginia Department of Forestry and the City 55 of Virginia Beach, dated January 1, 2025, so long as the terms are in accordance with 56 the Summary of Terms attached hereto as Exhibit A and incorporated herein, and such 57 other terms, conditions, or modifications as may be acceptable to the City Manager and 58 in a form deemed satisfactory by the City Attorney, and to take such measures as are 59 necessary or advisable to implement the Agreement, 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Forestry for their continued 66 commitment to the preservation of agriculture within the Commonwealth of Virginia and 67 the City of Virginia Beach. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day 70 of March , 2025. Approved as to Content: Approved as to Legal Sufficiency: uw�/ Dept.of Agriculture City Attomey� CA16596 Rvbgov.comWfs I lapplicatonsVAylowtcycom32lwpdoesWO30IP042=941816.doc R-1 February 18, 2025 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Forestry and the City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Forestry ("VDOF"). Background: Since 2008, the City has been approved to receive a total of $2,549,412.95 from Virginia Department of Agriculture and Consumer Services ("VDACS") for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 2/07/17 - 86,950.00 2/20/18 - 61,615.23 6/6/19 - 111,618.52 2/18/20 - 58,333.00 4/19/22 - 156,476.00 2/21/23 - 175,000.00 2/20/24 - 165,400.00 In 2024, the General Assembly transferred the duties of the office of Working Lands Preservation from VDACS to VDOF. City is now eligible to receive an additional $161,128.57 in VDOF funds. VDOF Responsibilities: VDOF will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $161,128.57 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDOF. • Utilize state funds to further protect agricultural lands by purchasing development rights to preserve working farm or forest lands. • Submit an annual progress report to VDOF each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDOF in an amount proportional to the VDOF contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (January 1, 2025 through January 1, 2027). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. 2 • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 3 27 ITEM— VI.J.8 ORDINANCES/RESOLUTION ITEM#76739 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT,Ordinance to ACCEPT and APPROPRIATE$3,018,008.05 and$41,180.08 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Helene Voting: 9- 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,Joashua F. `JJoash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL CYCLONE 3 HELENE DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $3,018,008.05 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for Tropical Cyclone Helene. 12 13 2) $41,180.08 is hereby accepted from the Federal Emergency Management 14 Agency and appropriated, with federal revenue increased accordingly, to the 15 FY 2024-25 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Cyclone 17 Helene. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of March , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services �+ty orney's Office CA16820 R-1 February 18, 2025 28 ITEM— VI.J.9 ORDINANCESIRESOL UTION ITEM#76 740 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$929,280.37 and$19,292.80 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Cyclone Milton Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr. Amelia N.Ross-Hammond Jennifer Rouse March 4, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL CYCLONE 3 MILTON DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $929,280.37 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for Tropical Cyclone Milton. 12 13 2) $19,292.80 is hereby accepted from the Federal Emergency Management 14 Agency and appropriated, with federal revenue increased accordingly, to the 15 FY 2024-25 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Cyclone 17 Milton. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day Of March 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Qit orney' ffice CA16821 R-1 February 18, 2025 29 ITEM— 1/7 J.10 ORDINANCESIRESOL UTION ITEM#76 741 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRL41E $23,587.53 and $707.63 from the Federal Emergency Management Agency (FEMA) to the FY2024-25 Virginia Beach Fire Department Operating Budget re administration and mobilization of Virginia Task Force 2 for Tropical Disturbance Invest 94L Voting: 9- 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, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR COSTS RELATED TO THE TROPICAL DISTURBANCE 3 INVEST 94L DEPLOYMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $23,587.53 is hereby accepted from the Federal Emergency Management 9 Agency and appropriated, with federal revenue increased accordingly, to the 10 FY 2024-25 Operating Budget of the Virginia Beach Fire Department for the 11 mobilization of Virginia Task Force 2 for Tropical Disturbance Invest 94L. 12 13 2) $707.63 is hereby accepted from the Federal Emergency Management Agency 14 and appropriated, with federal revenue increased accordingly, to the FY 2024- 15 25 Operating Budget of the Virginia Beach Fire Department, for the 16 administration of Virginia Task Force 2's mobilization for Tropical Disturbance 17 1 nvest 94L. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of March , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City orney's ffice CA16822 R-1 February 18, 2025 30 ITEM- VI X I PLANNING ITEMS ITEM#76 742 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS MODIFIED,AS PROFFERED,BY CONSENT, application of DAM NECK ASSO CL4 TES,LLC,for a Conditional Chan-ae of Zoning from a A-18 Apartment District& B-2 Community Business District to a Conditional B-4 Mixed-Use District and a Modi ication of Proffers to a Conditional Change of Zoning re develop a mixed-use project at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road DISTRICT 5(Deferred from January 21, 2025) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DAM NECK ASSOCL41ES, LLC,for a Conditional Change of Zoning from a A-18 Apartment District & B-2 Community Business District to a Conditional B-4 Mixed-Use District and a Modification of Proffers to a Conditional Change of Zoning re develop a mixed-use project at 872 & 1089 Dam Neck Road and 1064 & 1080 Dam Neck Station Road (GPINs 2415757941, 2415653990, 2415665412, 2415662427)DISTRICT 5 The following conditions shall be required: An agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of March Two Thousand Twenty Five. Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 1Z.11A BEAc�$'. City of Virginia Beach U r r � R �d OF BUR NA10 ROBERT W.°WORTH"REMICK CELL:(757)840.5855 COUNCIL MEMBER EMAIL:WRemick(dvba0v.c0m DISTRICT 6 File No. 0092746 January 21, 2025 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the application of Dam Neck Associates, LLC for a conditional rezoning and modification of proffers to a conditional rezoning for property located at 872 and 1089 Dam Neck Road and 1064 and 1080 Dam Neck Station Road. 2. Franklin Johnston Group Management & Development, LLC was identified by the applicant as an affiliated entity or a business with a parent-subsidiary relationship with the applicant. Franklin Johnston Group is a client of Colliers International Virginia, LLC ("Colliers"). I have a personal interest in Colliers because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100, Norfolk, Virginia 23510. 3. 1 do not personally provide services to the client, and the City Attorney's Office has advised me that the Act provides that I may participate in the City Council's consideration of this application. 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. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs.Amanda Barnes -2- January 21,2025 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) 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, Irth Remick Councilmember RWR/RRI DAM NECK ASSOCIATES,LLC,a Virginia limited liability company; TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia AGREEMENT THIS AGREEMENT(this"Agreement"),made this 31"day of May,2024,by and between DAM NECK ASSOCIATES,LLC,a Virginia limited liability company("Grantor",to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee",to be indexed as grantee), WITNESSETH: WHEREAS, Grantor is the current owner of those certain parcels located in the City of Virginia Beach, Virginia, identified by GPIN Nos. 2415-75-7941-0000 (portion), 2415-65-3990-0000, 2415-66- 5412-0000, and 2415-66-2427-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference(the"Property"); and WHEREAS,Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to the Grantee, so as to change the classification of the Property from A-18 and B-2 to Conditional B-4;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes,including mixed-use purposes,through zoning and other land development legislation; and WHEREAS,Grantor acknowledges that competing and sometimes incompatible uses conflict,and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B4 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the c publi hearing before the Grantee conditional amendment to the Zoning Map,in addition ,as part of the proposed to the regulations provided for in the existing B4 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property,all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force GPIN Nos.2415-75-7941-0000(portion);2415-65-3990-0000;2415-66-5412-0000;2415-66-2427-0000 Document Prepared By: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided,however,that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument;provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE,the Grantor, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid rho quo for zoning,rezoning,site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled"THE FARM Conceptual Development Plan",dated June Virginia Beach City Council and is on file with the Virginia Beach Department of 3,2024,and prepared by Timmons Group(the"Concept Plan"),a copy of which has been exhibited to the incorporated herein by reference. Planning and 2. When developed, the landscaping on the Property shall be developed in substantial conformity with the conceptual landscape plan entitled"THE FARM Conceptual Landscape Plan", dated June 3,2024,and prepared by Timmons Group(the"Landscape Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference. 3. The quality of architectural design and materials of the buildings constructed on the Property, when developed, shall be in substantial conformity with the conceptual architectural exhibit prepared by Dam Neck Associates,LLC,entitled"Mixed-Use Building Character Imagery",and dated May 29,2024(the"Conceptual Elevation"),a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council and incorporated herein by reference. 4. The number of dwelling units developed on the Property,when developed,shall not exceed a total of two hundred eighty-three(283). A portion of the dwelling units to be developed on the Property under this Agreement are previously authorized dwelling units that are being relocated to the Property from a contiguous property pursuant to Section 1804 of the City Zoning Ordinance,and the proposed 283 units reflects the five percent(5%)reduction required by Section 1804(ex2)(ii). 5. A multi-purpose path and wooden pedestrian foot bridge shall be constructed by Grantor across the natural area to Redwing Park in a location and pursuant to plans to be determined during site plan review (with the approval of the Director of the Department of Parks and Recreation), subject to the issuance of necessary state and federal permits and approvals. The cost of any associated mitigation for 2 trees removed or damaged on City-owned property resulting from the construction of the referenced path and bridge will be the responsibility of Grantor. Any mitigation area associated with impacts to floodplain or wetlands areas,together with any stormwater infrastructure associated with such path and bridge, will be located on the Property. 6. Buildings on the Property that are located within one hundred feet(100')of the adjacent A-18 zoning lot(to the east of the Property)will be permitted to be up to seventy-five feet(75')in height, in lieu of the thirty-five feet(35')otherwise permitted under Section 904(b)of the Zoning Ordinance. 7. Subject to the B-4 zoning district use regulations contained in Section 901 of the Zoning Ordinance,those uses designated as compatible with the>75 dB DNL Noise Zone under Section 1804 of the Zoning Ordinance either(a)as of the date of this Agreement,or(b)by subsequent amendment to Section 1804, shall be permitted on the Property. 8. The Property may be developed in one or more phase(s). During the site plan review for each phase of development,an updated traffic analysis for such phase will be submitted to the City Traffic Engineering Department. At such time as warranted (as determined by the Planning Department in consultation with the Traffic Engineering Department based upon the information and data contained in the submitted traffic analysis), the following improvements shall be completed and dedicated to the City of Virginia Beach prior to the issuance of a final certificate of occupancy for such phase of development: (a) the remainder of the proposed Dam Neck Station Road extension(connecting General Booth Boulevard to Dam Neck Road),substantially as shown on the Concept Plan,and/or(b)improvements to the Dam Neck Station Road/General Booth Boulevard and Dam Neck Station Road/Dam Neck Road intersections that are described in the Traffic Study entitled"The Farm Traffic Impact Analysis", prepared by Timmons Group, and dated August 2024(the"Traffic Study"). 9. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the CZO or this Agreement,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 3 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: DAM NECK ASSOCIATES,LLC, a Virginia limited liability company By: , C 1 U Name:Robert . and Title: Authorized Si ng atory of Red Wing Associates LLC,Member of Dam Neck Associates LLC STAMCOMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was sworn to and acknowledged before me this 3 1"day of May, 2024 by Robert M. Howard, as Authorized Signatory of Red Wing Associates, LLC, Member of Dam Neck Associates,LLC, a Virginia limited liability company. He is personally known to me. Witness my hand and official stamp or seal this 3 1'day of May,2024. C of . ! U Notary Public (SEAL) My Commission Expires: 8-31-2026 7KEELLYA. NORDHUESRegistration Number: 7507965 TARY PUBLICRATION#7507965WEALTH OF VIRGINIAMION �CPIRES 08/31/2026 4 EXHIBIT A Legal Description Situate, lying and being all those certain pieces or parcels of land, located in the City of Virginia Beach, Virginia, as all or a portion of Parcel(s) 9, 11, 12 and 13 as shown on that certain plat of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument #200408170129717, said area being more particularly described as follows: Commencing at the northwest comer of parcel 2 as shown on the aforementioned plat, at the southeast intersection of General Booth Boulevard and Dam Neck Station Road, thence with the southerly line of said Dam Neck Station Road S67°22'35"E, a distance of 230.71'to a point, said point marking the true point and place of BEGINNING, thence from said point of BEGINNING, in a northeasterly direction crossing said Dam Neck Station Road N22° 37' 13"E, a distance of 80.00'to a point marking the southeast comer of Parcel 1 and the western line of Parcel 12,thence with the eastern line of said Parcel 1 N221 41' ITT,a distance of 328.46',thence turning and with the northerly hne(s)of Parce](s) 12, 13, 9 and 11 the following ten(10)courses: 1)N82°50' 16"E, a distance of 73.35',2)S88°59'44"E,a distance of 132.30',3)S881 49'44"E,a distance of 252.30', 4) S831 14' 44"E, passing a point marking the northeast corner of Parcel 12, and the northwest comer of Parcel 13 at 1.37', for a total distance of 134.00', 5) N88° 40' 16"E, passing a point marking the northeast corner of Parcel 13 at 7.57',passing a point marking the northeast corner of Parcel 9 an additional 402.86' for a total distance of 491.90', 6) N88° 45' 16"E, a distance of 308.30', 7) S750 19'44"E, a distance of 179.30', 8) S66° 59' 44"E, a distance of 282.20', 9) S741 59' 44"E, a distance of 298.90', 10) S80° 24' 44"E, a distance of 248.80' to a point, said point marking the northeast comer of the property herein described, thence turning and with the eastern line(s)of Parcel 11 the following two(02)courses: 1)S 10"36'44"E,a distance of 581.80',2)S08° 11'06"W, a distance of 462.04'to a point on the northerly right-of-way line of Dam Neck Road, thence turning westward following said northern line of Dam Neck Road N88° 52' 19"W, a distance of 83.00'to a point, said point marking the southeast corner of exception,thence fuming and departing said Dam Neck Road and with the eastern line(s) of said exception the following fifty four (54) courses: 1) NOI°22'19"W, a distance of 38.00', 2) N06°52'19"W, a distance of 129.00', 3) N69°26'50"W, a distance of 20.84', 4) S78°07'58"W, a distance of 30.58', 5) N00039'58"W, a distance of 8.36', 6) N82°35'02"E, a distance of 20.30', 7) N62°03'04"E, a distance of 29.81', 8) N06°25'38"W, a distance of 100.001, 9)N09°55'38"W, a distance of 15.81' 10)N08°19'22"E, a distance of 32.48', 11)N36°40'38"W, a distance of 21.381, 12)N79°42'53"W, a distance of 35.00', 13)N12°17'07"E,a distance of 88.94', 14)N86°26'06"E,a distance of 32.18', 15)N01°11'06"E,a distance of 165.00', 16)N17°03'54"W,a distance of 37.92', 17)N41°03'S4"W, a distance of 40.79', 18) N49°18'54"W, a distance of 110.001, 19) N48003'54"W, a distance of 145.00', 20) N70°03'54"W, a distance of 10.00' 21) S89°56'06"W, a distance of 17.50', 22) S87°41'06"W, a distance of 17.50', 23) S63°26'06"W, a distance of 51.34', 24) S59°59'47"W, a distance of 97.73',25)N85°06'40"W,a distance of 69.26',26)N48°48'51"W,a distance of 55.37', 27)N05°56'49"E, a distance of 58.10',28)N07°29'25"W,passing the approximate AICUZ line at 20.11', for a total distance of 72.74',29)N08°2237"W, a distance of 42.00, 30)N87°40'23"W, a distance of 5.18', 31) S43°07'23"W, a distance of 70.50', 32)N72°22'37"W, a distance of 51.011, 33)N59°52'37"W, a distance of 15.00', 34)N27°22'37"W, a distance of 20.00',35)N07°37'23"E, 5 a distance of 8.011, 36)N76007'23"E,a distance of 79.79',37)N50052'37"W,a distance of 25.001 , 38)N78°52'37"W,a distance of 15.00', 39) S67°07'23"W,a distance of 85.00,40) S6300712311W, a distance of 55.00,41)S57°07'23"W,a distance of 35.001,42)S75°07'23"W,a distance of 35.00, 43) N88°52'37"W, a distance of 17.50', 44) S22° 37' 23"W, a distance of 202.50', 45) S671 22' 37"E,a distance of 57.00',46)S22°37'23"W,a distance of 223.92',47)SO1°32' 15"W,a distance of 238.73', 48) S88127' 45"E, a distance of 63.99', 49) SO1° 32' 15"W, a distance of 18.56', 50) N88°27'45"W,a distance of 152.11',51)SO 1°32' 15"W,a distance of 56.94', 52)SOl°32' 15"W, a distance of 68.00, 53) S88° 27' 45"E, a distance of 71.46, 54) SO1° 32' 15"W, a distance of 104.41', to the aforesaid northerly right-of-way line of Dam Neck Road, said point marking the southwest corner of said exception, thence turning and following said Dam Neck Road the following thirteen (13) courses: 1) N84° 23' 47"W, a distance of 43.84, 2) N88° 52' 19"W, a distance of 300.00',3)N45° 14'09"W, a distance of 59.41',said point marking the future southeast terminus of Dam Neck Station Road, 4) N88° 52' 19"W, passing a point at 80.00' marking the eastern line of Parcel 9 for a total distance of 82.00', 5) SO1° 07' 41"W, a distance of 11.00', 6) S471 29' 31"W, a distance of 59.41', 7)N88° 52' 19"W, a distance of 48.978)N84°40'40"W a distance of 150.40' 9) N88° 52' 19"W, a distance of 150.001, 10) S84° 35' 29"W, a distance of 96.631, 11) N88° 52' 19"W, a distance of 84.001, 12) N84° 40' 40"W, a distance of 150.401, 13) N88° 52' 19"W, a distance of 220.02' to a point marking the southwest comer of Parcel 9 and the southeast comer of Parcel 10,thence turning and departing said northerly right-of-way line of Dam Neck Road and along the western line(s)of said Parcel 9 the following eight(8)courses: 1)NO ° 08" 01"E, a distance of 110.00'to a point of curvature,2)along a curve to the left having a radius of 45.00', are length of 70.69', delta angle of 90°00'00", chord bearing of N43° 51' 59"W, and a chord length of 63.64'to a point of tangency, 3)N88°51'59"W,a distance of 104.97'to a point of curvature 4)along a curve to the right having a radius of 154.00', are length of 57.76', delta angle of 21°29'24",chord bearing of N78°07' 17"W,and a chord length of 57.42'to a point of tangency, 5) N67° 22' 35"W, a distance of 139.63', 6)N22° 37'25"E, a distance of 487.83' to a point, said point marking the northeast corner of Parcel 3A and the southeast corner of Parcel 2, 7)N16°20, 32"E, a distance of 130.55', 8)N22° 37' 25"E, a distance of 50.00, to a point, said point marking the northeast corner of Parcel 2, said point marking the true point and place of BEGINNING and containing 2,338,266 square feet or 53.679 acres,more or less. 6 DAM NECK ASSOCIATES,LLC,a Virginia limited liability company; TO(SECOND MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia SECOND MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS SECOND MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 31' day of May, 2024, between DAM NECK ASSOCIATES LLC, a Virginia limited liability company, ("Grantor", and grantor for indexing purposes); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and grantee for indexing purposes). WITNESSETH: WHEREAS,Grantor is the owner of the real property described on Exhibit A attached hereto (the"Property"),which is subject to certain recorded proffered covenants,restrictions,and conditions pursuant to the Agreement by and between Bel-Aire, Incorporated, a Virginia corporation and Grantee dated March 25, 1994,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia(the"Clerk's Office") in Deed Book 3402 at Page 489, as amended by the Modification of Proffered Covenants, Restrictions and Conditions by and between Dam Neck Associates,LLC,a Virginia limited liability company and Grantee dated June 28,2022,and recorded in the Clerk's Office as Instrument Number 202203050886(the"Original Proffers"); and WHEREAS, in conjunction with the re-zoning of a portion of the Property to a separate zoning classification,Grantor desires to amend and modify certain of the covenants,restrictions, and conditions set forth in the Original Proffers as provided herein; and WHEREAS,the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2- 2204 of the Code of Virginia, 1950(as amended),which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or uid pro guo for zoning, rezoning, site plan,building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation and Prepared by and return to: Robert P.Beaman III,Esq. (VSB No.74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 GPIN: 2415-75-7941-0000 use of the Properly, and hereby covenant and agree that the terns of this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: l. A portion of the Property is hereby removed from the definition of"Property,,under the Original Proffers. Accordingly, the "Property" subject to the Original Proffers as modified by this Agreement)shall be as described on Exhibit B attached hereto. 2. Proffer 1 of the Original Proffers is hereby modified to read in its entirety as follows: "When developed,the improvements on the Property shall be developed in substantial conformity with the conceptual site plan entitled "THE FARM CONCEPTUAL SITE PLAN", dated June 3, 2024, and prepared by Timmons Group(the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and incorporated herein by reference." 3. Proffer 12 of the Original Proffers is hereby modified to read in its entirety as follows: "The number of multifamily residential units developed on the Property,when developed, shall not exceed a total of three hundred fourteen (314). The remainder of the residential units previously authorized on the Property (as defined in the Original Proffers) will be relocated to one or more contiguous properties as permitted pursuant to Section 1804 of the City Zoning Ordinance." 4. Proffers 2,5,and 13 of the Original Proffers are hereby deleted in their entirety. 5. Proffer 4 of the Original Proffers is hereby modified to read in its entirety as follows: "A multi-purpose (jogging, walking, biking) path and seating areas shall be constructed on the Property substantially as shown on the Concept Plan." 6. Proffer 7 of the Original Proffers is hereby modified to read in its entirety as follows: "Landscaping on the Property, when developed, shall be substantially as shown on the Concept Plan." 7. Except as expressly modified by this Agreement,all other covenants,restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference with respect to the Property. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach,Virginia,in force as of the date the modification of proffered covenants,restrictions and conditions is approved by the Grantee. Page 2 The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance,unless,notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,including(i)the ordering in writing of the remedying of any noncompliance with such conditions,and(ii)the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages or other appropriate action,suit or proceedings;(2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] Page 3 GRANTOR DAM NECK ASSOCIATES,LLC, a Virginia limited liability company By: Name:Robert M.Howard Title: Authorized Signatory of Red Wing Associates LLC,Member of Dam Neck Associates LLC STATE/COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was sworn to and acknowledged before me this 31"day of May, 2024 by Robert M. Howard, as Authorized Signatory of Red Wing Associates, LLC, Member of Dam Neck Associates,LLC, a Virginia limited liability company. He is personally known to me. Witness my hand and official stamp or seal this 31'day of May,2024. LaAAF4-, Notary Public (SEAL) My Commission Expires: 8-31-2026 Registration Number: 7507965 =COREGISTRATION DHUES suC #7507%5OF\IRGINIARES 0&31 Page 4 1 I� EXHIBIT A ALL THAT certain lot,pieces or parcels of land with the improvements thereon, situate,lying and being in the City of Virginia Beach,Virginia and designated as"PARCEL 11"on that certain plat entitled"SUBDIVISION OF PROPERTY OF BEL-AIRE, INCORPORATED(D.B.2420,P.460) AND KING'S WAY CORPORATION(D.B.2420,P. 577)VIRGINIA BEACH,VIRGINIA", dated July 27,2004 which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument No. 200408170129717. Page 5 EXHIBIT B Situate, lying and being all those certain pieces or parcels of land, located in the City of Virginia Beach, Virginia, as a portion of Parcel 11 as shown on that certain plat of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument#200408170129717, said area being more particularly described as follows: Commencing at the southeast comer of Parcel 9 and the southwest corner of Parcel 11 as shown on the aforementioned plat, thence following the northerly right-of-way line of Dam Neck Road the following four(4)courses: 1) S88°52' 19"E, a distance of 80.00',2)S45° 14'09"E, a distance of 59.41', 3) S88° 52' 19"E, a distance of 300.00', 4) S84° 23' 47E, a distance of 43.84' to the southwest corner of the exception, said point being the true point and place of BEGINNING, thence departing said northerly right-of-way line of Dam Neck Road and following the perimeter of the exception, the following fifty four(54)courses: 1)NO1°32' 15"E, a distance of 104.41',2) N88° 27'.45"W, a distance of 71.46', 3) N01° 32' 15"E, a distance of 68.00', 4) N01° 32' 15"E, a distance of 56.94', 5) S88°27' 45"E, a distance of 152.11', 6)NOl°32' 15"E, a distance of 18.56', 7)N88°27'45"W, a distance of 63.99', 8)NO1°32' 15"E, a distance of 238.73, 9)N22°37'23"E, a distance of 223.92', 10) N670 22' 37"W, a distance of 57.001, 11)N221 37' 23"E, a distance of 202.50', 12) S88052'37"E, a distance of 17.50', 13) N75°07'23"E,, a distance of 35.00', 14) N57107'23"E, a distance of 35.00', 15) N63107'23"E, a distance of 55.001, 16) N67007'23"E, a distance of 85.00', 17) S78°52'37"B, a distance of 15.00', 18) S5005237"E, a distance of 25.00', 19) S76°07'23"W, a distance of 79.79', 20) S07137'23"W, a distance of 8.01', 21) S27022'37"E, a distance of 20.00', 22) S59°52'37"E, a distance of 15.00', 23) S72022'37"E, a distance of 51.011, 24) N43°07'23"E, a distance of 70.50', 25) S87°40'23"E, a distance of 5.181, 26) S08022'37"E, a distance of 42.00, 27) S07°29'25"E, passing the approximate AICUZ line at 52.63', for a total distance of 72.74', 28) S05°56'49"W, a distance of 58.10', 29) S48°48'51"E, a distance of 55.371 , 30) S85°06'40"E, a distance of 69.26', 31)N5905947"E, a distance of 97.73', 32)N63°26'06"E, a distance of 51.34', 33)N87°41'06"E, a distance of 17.50', 34)N89°56'06"E, a distance of 17.50', 35) S70°03'54"E, a distance of 10.00'36) S48°03'54"E, a distance of 145.00', 37) S49°18'54"E, a distance of 110.00', 38) 941°03'54"E, a distance of 40.79', 39) S 17°03'54"E, a distance of 37.92', 40)SO]°11'06"W,a distance of 165.00',41)S86°26'06"W,a distance of 32.18',42)S 12017'07'W, a distance of 88.94',43) S79°42'53"E, a distance of 35.00', 44) S36°40'38"E, a distance of 21.38', 45) S08°19'22"W, a distance of 32.48', 46) S09055'38"E, a distance of 15.81',47) S06°2538"E, a distance of 100.00',48) S62°03'04"W,a distance of 29.81',49)S82°35'02"W,a distance of 20.30', 50) S00°39'58"E, a distance of 8.36, 51) N78°07'58"E, a distance of 30.58', 52) S69°26'50"E, a distance of 20.84', 53) S06°52'19"E, a distance of 129.00', 54) SO1°22'19"E, a distance of 38.00' to a point, said point lying on the northerly right-of-way line of said Dam Neck Road, thence following ten(10)courses: 1)N88°52'19"W,a distance of 104.18',2)N87°34'40"W, a distance of 75.21', 3) N83°00'46"W, a distance of 150.62', 4) N87°35'09"W, a distance of 150.01', 5) N43°13'39"W, a distance of 57.18', 6) N88°13'44"W, a distance of 79.90', 7) SO1°08'22"W, a distance of 9.05', 8) S46°50'38"W, a distance of 58.85', 9) N87°34'48"W, a distance of 227.45', 10) N84°23'47"W, a distance of 107.21' to a point, said point being the true point and place of BEGINNING, and containing 761,938 square feet or 17.492 acres,more or less. Page 6 31 ITEM— VI K2 PLANNING ITEMS ITEM#76 743 Upon motion by Vice Mayor Wilson, seconded by Council Member Remick, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of VICTORIA WALSH for a Conditional Use Permit re short term rental at 917 Pacific Avenue, Unit A District 5(Deferred from February 4, 2025) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VICTORIA WALSHfor a Conditional Use Permit re short term rental at 917 Pacific Avenue, Unit A (GPIN 24272444111085) DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 917 Pacific Avenue Unit A, and the Short Term Rental (STR) use shall only occur in the principal structure. 2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO)or as approved by City Council. 5. The Conditional Use Permit (CUP)shall expire five (5)years from the date of approval. The renewal process of the Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit(CUP)for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. The Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes and to be physical present at the Short Term Rental(SIR)within one(1)hour. March 4, 2025 32 ITEM— VI.K.2 PLANNING ITEMS ITEM#76 743 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements 'a'through `c'below. The information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least $1-Million dollars($1,000,000) 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies theproperty as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million dollars ($1,000,000) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. March 4, 2025 33 ITEM— VIL2 PLANNING ITEMS ITEM#76 743 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7.00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. a) Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. b) Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. March 4, 2025 34 ITEM— VI.K.2 PLANNING ITEMS ITEM#76 743 (Continued) This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of March Two Thousand Twenty Five. Voting: 9- 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, Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 OR OR FOR I, OR OR OR I street OR OR R5S R5S Al O R C-a►R cv 8 � � ;R OR OR c� Str Norfolk �. \ th ee 0 Avenue �\ ,� 1 R1T3 o OR OR R5S R-SS CD ® site Victoria Walsh W Property Polygons 917 Pacific Avenue, Unit A S Zoning Building Feet 0 2040 80 120 160 200 240 35 ITEM— VI.L APPOINTMENTS ITEM#76 744 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY&MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES AD VISOR Y BOARD HISTORICAL REVIEW BOARD HOUSING ADVISORYBOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE March 4, 2025 36 ITEM— VI.M APPOINTMENTS ITEM#76 745 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: %IMBERLYKNIGHT (City Council Designee) Two year term 41112025—313112 02 7 COMMUNITY POLICY&MANAGEMENT TEAM Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 37 ITEM— VZM APPOINTMENTS ITEM#76746 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: AKHIL JAIN Unexpired term thru 813 112 02 7 DEVELOPMENT A UTHORITY Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 38 ITEM— VI.M APPOINTMENTS ITEM#76 74 7 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: REBECCA WHALEN (Property Owner in Old Beach Overlay District) Unexpired term thru 613012025 Plus three year term 71112025—613012028 OLD BEACH DESIGN REVIEW COMMITTEE Voting: 9- 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,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Dr.Amelia N. Ross-Hammond Jennifer Rouse March 4, 2025 39 ADJOURNMENT ITEM#76 748 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:25 P.M. r e e zus Chief Deputy City Clerk DA Amanda Barnes,MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia March 4, 2025 40 OPEN DIALOGUE The following registered to speak.- Ed Weeden, 2875 Sabre Street, Phone: 385-1397, expressed his appreciation to Mayor Dyer for recently speaking to honor first responders at American Legion#113. David Whitfield, 2255 Stepping Stone Square, Chesapeake, Phone: 945-7554, spoke concerning his daughter who he believes was fraudulently adopted. Clark Murphy, 406 54`h Street, Phone: 973-886-3825, spoke to request City Council provide resource information to immigrant communities. Bette Cornette-Smith, 1541 Fuller Lane, Phone: 717-4855, did not respond Kristin Escolastico, 5509 Susquehanna Drive,Phone:818-0112, requested City Council review the Zoning Ordinance regarding commercial vehicles parked in neighborhoods and re-define "commercial vehicle". Hanna Merk, 311 33'd Street, Phone: 804-729-5558, did not respond Karma Jade Miller, 3809 Parkside Drive #205, Chesapeake, Phone: 406-2361, requested City Council support and assist David Whiffleld Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, spoke concerning concealed weapon permit fees. Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, requested City Council suspend the Pleasure House Point project and purchase available wetlands mitigation credits. ADJOURNED AT 6.45 P.M. March 4, 2025