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Home My WebLink AboutMAY 13, 2025 SPECIAL FORMAL SESSION MINUTES (PUBLIC BRIEFINGS) a; �6 ks or OUR%o" VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia May 13, 2025 Mayor Robert M. Dyer called to order the CITY COUNCIL SPECIAL FORMAL SESSION in the City Council Conference Room, City Hall, on Tuesday,May 13, 2025, at 3:30 P.M. Council Members Present: Stacy Cummings, Mayor Robert M. Dyer, David Hutcheson, Barbara M. Henley, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond and Rosemary Wilson Council Members Absent: Michael F. Berlucchi Jennifer Rouse—Arrived at 3:41 P.M. Joashua F. "Joash"Schulman—Arrived at 3:36 P.M. 2 MAYOR'S CALL FOR SPECIAL FORMAL SESSION ITEM#77025 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code, Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the HRGINIA BEACH CITY COUNCIL: Tuesday,May 13,2025, at 3:30 P.M. City Council Conference Room 2034 Building I-2nd Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to conduct PUBLIC BRIEFINGS and CITY COUNCIL COMMENTSIDISCUSSION as listed in the attached and published agenda. City Council will then convene into a Closed Session at the conclusion of the public briefings and City Council comments/discussion where the following matters will be considered: • Lesal Advice—Atlantic Park(Requested by Mayor Dyer) • Personnel Matters - Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies, Task Forces and Appointees (Requested by Mayor Dyer) At the conclusion of the Closed Session, the City Council will reconvene into Open Session for the purpose of certifying the Closed Session. This Special Formal Session will be broadcast on Cable TV, virginiabeach.gov and Facebook Live. Sincerely, 1— 'p4o J Robert M. Dyer Mayor" cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office May 13, 2025 .,B U -= Cityof Virginia Beach 9 0�J 01.OUR N0"TZ5 Robert M. "Bobby" Dyer VirginiaBeach.gov MAYOR MUNICIPAL CENTER,BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 OFFICE:(757)385-4581 CELL:(757)749-4659 BDYER aAVBGOV.COM May 8, 2025 HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code, Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL: Tuesday, May 13, 2025, at 3:30 P.M. City Council Conference Room 2034 Building 1 - 2°d Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to conduct PUBLIC BRIEFINGS and CITY COUNCIL COMMENTS/DISCUSSION as listed in the attached and published agenda. City Council will then convene into a Closed Session at the conclusion of the public briefings and City Council comments/discussion where the following matters will be considered: • Legal Advice—Atlantic Park(Requested by Mayor Dyer) • Personnel Matters - Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies, Task Forces and Appointees (Requested by Mayor Dyer) At the conclusion of the Closed Session, the City Council will reconvene into Open Session for the purpose of certifying the Closed Session. This Special Formal Session will be broadcast on Cable TV, virginiabeach.gov and Facebook Live. Sincerely, Robert M. Dyer Mayor cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Office Communications Office 3 CITY MANAGER'S BRIEFINGS CHARTER CHANGE REFERENDUM PUBLIC EDUCATION CAMPAIGN ITEM#77026 3:31 P.M. Mayor Dyer welcomed Tiffany Russell, Director — Communications. Ms. Russell 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. Russell for the presentation. May 13, 2025 Charter Change Referendum Public Education Campaign CITY COUNCIL PUBLIC BRIEFING Tiffany Russell, Communications Director May 13, 2025 CITY OF VIRGIN IA BEACH Communications 1 1 Purpose Receive City Council's direction on potential advertising investment for public education campaign to further inform residents on the referendum question to enhance voter confidence heading into the polls. Background • Feedback from 4/29 Council meeting presentation on public education opportunities: more discussion after Council vote on May 6; efforts not to exceed $200,000 • City Council passed a resolution on May 6 to request the Circuit Court to order a referendum election on November 4, 2025: "Should the method of City Council elections set forth in the Virginia Beach City Charter be changed from a modified 7-3-1 system to a 10-1 system" Outreach Options Presented 4/29 . ctiviti es Considerations No Additional Costs/Current Resources - City website/intranet social media, email, - Reaching those already engaged with AccessVB and shared displays the City - Local media outreach - Community events $190,125 - All the above - Low frequency of message for those - Direct mail ($182K) not engaged with the City - Water/Sewer bill inserts ($3.1K) - May not reach non-registered but - Printed materials and translation ($5K) eligible voters - Not all registered voters receive water/sewer bills from City $229,125 - All the above - Expands reach and frequency with (+$39,000 from tier above) - Radio ads ($15K) non-engaged, non-registered, and/or - Digital ads ($15K) multilingual audiences - Print ads ($9K) $279,125 - All the above - More inclusive reach (+$50,000 from tier above) - TV ads ($50K) - Increased frequency, awareness - Increased cost closer to election Public Education Recommendation $200,000 • Increase reach and frequency of message to the public requires a mix of grassroots outreach, owned media channels, earned media coverage and paid media Estimated Impressions or—IM Timeline YouTube pre-roll video 420,000 $5,000 June-August Direct Mail 348,643 $182,000 Early September Traditional/ 148,000 $10,000 Mid Sept.- Nov 4 Streaming Radio Print Brochures & 10,000 $3,000 June-November Translation TOTAL 926,643 $200,000 Ave. Cost Per View (CPV) _ $0.21 cents City Council Questions/Discussion/Direction 5 x Public Education • Total # of Registered Voters: 348,643 (as of January 1, 2025) - 66% voter turnout Nov. 2024 • Past public education campaign budgets: $383,174.85 for election system input; $251,263.66 for redistricting • Increase in early voter turnout impacts communication efforts/timeline • 2022 Resident Survey: Top Four Preferred Communication Sources from City • #1 -- Local TV • #2 -- City Website • #3 -- Facebook • #4 -- Direct Mail 4 CITY MANAGER'S BRIEFINGS OCEANA DREDGED MATERIAL MANAGEMENT PLAN ITEM#77027 3:47 P.M. Mayor Dyer welcomed LJ Hansen, Director—Public Works. Mr. Hansen expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. May 13, 2025 F } 3 F .. 3 �I� if9Y • r S�q�� Oceana Dredged Material Management Area City Council Briefing U Hansen, P.E. May 13, 2025 t ,•. ,,� B EAC H What is a Dredged Material Management Area ( DMMA) ? • A DMMA (Dredged Material Management Area) is used for the long-term storage or disposal of dredged material. • Dredged material consists of silts, clays, and sand removed from the bottom of waterways. • DMMAs are crucial for effective management of dredged material and promoting positive environmental outcomes. • Today, the City utilizes the Whitehurst DMMA for disposing of dredged material. 2 VB Why we are here • Whitehurst DMMA is reaching its capacity • City staff submitted a Modification of Conditions to the existing Conditional Use Permit (CUP) for a Borrow Pit at 560 Oceana Boulevard to create a new DMMA • Planning Commission voted to deny the request on April 9, 2025 • Public Works is requesting City Council approval to modify the CUP at 560 Oceana Boulevard for a new DMMA at the meeting on May 20, 2025 3 vs PlanningCommission Hearing, April 9 2025 • Planning Commission voted 9-0 ( 1 abstained) to recommend denial of the modification of the CUP. • Denial reasons: • There are concerns that the material used to fill the pit (e.g., clay, silt, sand) will differ from the material that was excavated (mainly sand). • Even though the material will be tested before dredging, there are ongoing concerns about the potential leaching of contaminants into the subsurface. • Before considering any modifications to the CUP, the proposed east/south perimeter berm should be constructed to ensure stormwater runoff is contained. 4 VB 49 Dredging Projects OLakes/Canals Completed ( 2018 2024) � ,�'�� Disetiet9 � ® O Navigation �� DistrOB Distritt6 SSD M District 1: 3 District 4 projects d ~ i •D�Met 3• 1�80 __ �'-s N vex Av Statt projects s �� f -. District 5 L` Dfstrlet7 • projects iKG iR9 projects District 7: 3 projects District 2 District i projects District '"` • • projects CRE E[7S +ae � r�+1NDEN projects Rlvtar dAarst VB Wheltehurst DMMA 6VB Whitehurst DMMA ,W 4 rj H _ 1 • 31 acre site • Conditional use permit for filling the site was approved in 2007. • The site became operational in 2012 with a fill � p capacity of about 650,000 cubic yards. • Initial intended uses included • Private dredging s • Stormwater lake dredging ; • City navigation dredging projects .- • Whitehurst DMMA is nearing capacity sooner than projected. v_B • • • • � . . • Ito • • �• ` • • • • . • • ` • • • ' • FILL VOLUME(CY) m ► 8 3 8 0 8 8 0 8 0 0 o b o 0 S i d�J �d7 �d0 10 I r � MI �d'�s s I D U; D Z d7� 8 1 I I d73 f 1 D ! S i = _ �+ 6 New DMMA 560 Oceana Boulevard 9 VP s New DMMA Location itehurst DMMA • 560 Oceana Boulevard • City Council District 6 a • Zoned 1-1 Light Industrial • 19.50 Acre Site • Noise Zone — greater than 75 Db DNL • Currently an Inactive Borrow Pit (lake) • Requires a modification to the existing m ,l Conditional Use Permit (CUP) to fill the Borrow Pit 560 Oceana Blv 10 VB L V - �� •x�`fig i�'-a E'sOL�v"��; �a� 3�. Y �" `.�" R y y�Cq. S K x�J yf��✓�l \,\ i t L.. BY A.w s's.t s R 1. ry•.< 7 f4 A+.:. �'^A'v-i �Y-£c:•�M�Y�a-�K i $ '�Jlt.lC�,b�-.5.: .-AC€i.�Yfbv3'�'f11:��AsI.�a:4N�."Sw�� 560 Oceana Boulevard History (continued • In 1985, a CUP was 2014 4. granted allowingarw the site to be used as an 11-acre borrow pit. • In 2001, an expansion of the borrow pit was `r s approved, A increasing the borrow pit size to . 16.5 acres 12 VB 560 Oceana Boulevard History (continued In 2016, excavation ` within the borrow pit was completed, and it remained a =- lake in accordance L,r with the approved conditions. e t a 'f#. t 13 VS Why 560 Oceana Boulevard ? Site was identified as a potential Dredged Material Management Area (DMMA) site due to the following: • Like the Whitehurst DMMA, it was a borrow pit and can provide capacity for City dredge projects. • The borrow pit is not a stormwater facility — it does not receive or discharge stormwater. It is an appropriate use. • It is in the same truck trip corridor as the Whitehurst DMMA (less than 2,000ft to the south). • Its proximity allows planned/future dredging projects to remain economical as trip distances will be similar. 14 vs 560 Oceana Boulevard Site Acquisition • An agreement for the sale of the property was submitted to the City in December 2015 on behalf of the seller. • City Council approved the acquisition of the property by Ordinance dated January 19, 2016. • The purchase of the 19.5-acre site was finalized in March 2017. i5 vs Conditional Use Permit Process • May 9, 2018: Planning Commission voted 6-3 to modify the CUP (Borrow Pit - Fill). • May 22, 2018: City Council requested more information on well monitoring for stormwater and groundwater. • June 2018 to October 2024: Studies conducted on well water and stormwater runoff. • Feb 12, 2025: Planning Commission deferred the modification, seeking clarification on well water issues. • April 9, 2025: Planning Commission voted 9-0 ,M/2 � (1 abstained) to recommend denial of the modification of the CUP. • April 14, 2025: Monitoring wells installed to address Planning Commission concerns. 16 VB CO NTAI N M E NT� DMMA Design Monitoring I • to address � I concerns . • by Planning ' +23' ,tNcnurr a tact Commission Q N<Mz +23' EIUED TO aii� s - 3 wells extend 30 feet below the ground seepagesurface to evaluate water - Wells will determine direction of ,.as•mw `�ze.o.°` OCEANA DMMA groundwater flow and collect baseline N asom EXHIE�IT 1 �FlFl samples to develop . monitoring program /"�/lA�� CfTY OF NRGINIA BF11CH OTC: NOVrNFlfF 13. 2024 iG".�-. t'-200' 200 0 200 400 32/Gavebnd Race,uvglnb RaecN.Va.2341i2 _ • material . , tested • ELEVATIONS ARE IN FEET AND REFERENCED TO NAVDLM tisn aap-,�, cw..tn,n•Be,3,e Scal¢ Beet Dredge contaminants beforeusingthe pit Alternatives — costs impacts : • No other City-owned DMMA sites available to receive non-beach quality dredged material. • Local privately owned fill sites are available but are located at a +20mile one-way travel distance from most planned dredging projects. • Cost to dredge/haul/dispose to Whitehurst DMMA averages $53/cy. • Cost to private fill sites is about $140/cy. (Travel + Disposal) • Example: NavigationWestern Branch Lynnhaven Creek Dredging* * Bids received in January 2025. Total bid price = $2.9Mil. Project will begin in May 2025. 18 IB Next Steps : I ZPA W-"31 ' W.• Request approval of modification to the CUP to allow filling at Oceana DMMA — May 20th. • If approved, site work will begin on the east perimeter berm and access roads. • Oceana DMMA to be operational by late fall 2025. wJ • Current lake and navigation dredging projects can transition from Whitehurst DMMA to Oceana DMMA without disrupting their schedules. • PW Engineering staff will research future DMMA sites. 19 THANK YOU ! Questions? CITY OF VIRGINIA �i� BEACH S CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#769 78 4:24 P.M. Council Member Remick advised he will host a District 6 Town Hall on Thursday, May I S'h, at the Law Enforcement Training Academy and doors will open at 6:00 P.M. Council Member Remick advised the meeting will start at 6:30 P.M. and will include briefings from Public Works and Public Safety and he will provide information on the budget. May 13, 2025 6 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#77079 (Continued) Council Member Ross-Hammond advised the Virginia Beach VA250 Committee is planning events to commemorate the City's achievements to celebrate the 250 anniversary of the Revolutionary War on July 4, 2026 and provided a few of the planned events: - May 17`h-Rising Sun Pow Wow to celebrate the culture of the Nansemond Tribe and Native Americans, at Mt. Trashmore 12:00 — 5:00 P.M. - May 22nd-Historic Preservation Month will be commemorated at Shore Break Pizza and Taphouse at 5:00 P.M. and will include a Virginia Beach history trivia contest, live music and 15%of food sales will be donated to the Historic Preservation and Lighthouse - "Flags of Freedom"-proposing to have large American flag flown over Mt. Trashmore and encouraging all residents to fly the American flag - November 151h—16`h—Skirmish of Kempsville reenactment Council Member Ross-Hammond asked Council Member Remick to share his connection with the Battle of the Capes. Council Member Remick suggested having the VB VA250 Committee provide the Body a presentation on the work they have planned for the July 4, 2026 celebration. Mayor Dyer asked City Manager Duhaney to add the presentation to a future Meeting Agenda May 13, 2025 7 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#77080 (Continued) Council Member Ross-Hammond advised the Minority Business Council(MBC) recently held their Spring Small Business Roundtable and the guest speaker, Floyd Miller, President and CEO of Metropolitan Business League, gave all attendees a free membership to the Metropolitan Business League. Council Member Ross-Hammond added, the MBC will host their Annual Retreat on June 9`h at the Hive. May 13, 2025 8 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77081 (Continued) Council Member Rouse advised the Clean Community Commission (CCC)previously requested to have Zero Waste Awareness Week included in the Legislative Package for the General Assembly's consideration and last week Delegate Feggans presented the Commission with House Joint Resolution 446 designating the first full week of September as Zero Waste Awareness Week across the Commonwealth. Council Member Rouse commended the CCC for their efforts. May 13, 2025 9 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#77082 (Continued) Council Member Jackson-Green advised the Joe Smith Basketball Academy will have a kick-off camp this Saturday,from 11:00 A.M. — 2:00 P.M., at Salem Middle School and is excited to have the NBA legends support and believes his involvement will help attract a lot of people and change the trajectory for District 7. Council Member Jackson-Green invited anyone interested to attend. May 13, 2025 10 ITEM#77083 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 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)(8). • Atlantic Park 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 May 13, 2025 11 ITEM#77083 (Continued) Upon motion by Council Member Ross-Hammond, seconded by Council Member Jackson-Green, City Council voted to proceed into CLOSED SESSION at 4.32 P.M. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, David Hutcheson, Barbara M. Henley, Cal "Cash" Jackson-Green, Robert W "Worth" Remick, Dr. Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi Break 4:32 P.M. —4:41 P.M. Closed Session 4:41 P.M. — S:47 P.M. May 13, 2025 12 CERTIFICATION ITEM#77084 Mayor Dyer RECONVENED the Special Formal Session in the City Council Conference Room at 5:47 P.M. Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10- 0 Council Members Voting Aye: Stacy Cummings, Mayor Robert M. Dyer, David Hutcheson, Barbara M. Henley, Cal "Cash" Jackson-Green, Robert W. "Worth" Remick, Dr. Amelia N. Ross- Hammond,Jennifer Rouse,Joashua F. "Joash"Schulman and Rosemary Wilson Council Members Absent: Michael F. Berlucchi May 13, 2025 S4G�N�BEq�,�Y Ok Lip y U s S�F ouR x� OM 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#77083 on Page Il and in accordance with the provisions of The Virginia Freedom of In formation 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. ands Barnes MC City Clerk May 13, 2025 13 ADJOURNMENT ITEM#77085 Mayor Robert M.Dyer DECLARED the City Council SPECIAL FORMAL SESSION ADJOURNED at 5:47 P.M. e s Chief Deputy City Clerk A nda Barnes Robert M.Dyer City Clerk,MMC Mayor City of Virginia Beach Virginia May 13, 2025