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The Virginia Beach City Council meeting on August 18, 2026, featured two main presentations. First, Ryan Angold, CEO of the Virginia Beach-headquartered defense contractor ADS, provided an overview of his company. He detailed its growth from a small dive shop, Atlantic Diving Supply, into a multi-billion dollar organization that has delivered over $7 billion in products in the last year, highlighting its significant local economic impact, including $175 million in revenue with over 50 local companies in 2025. The second major topic was a briefing by Dr. Richard Bishop from Virginia Tech on a proposal for offshore seabed mining for critical minerals. Following the presentation, several council members, led by Council Member Beluchcci, expressed significant concerns about the potential negative impacts on the environment, tourism, fishing, and other maritime activities. After a lengthy discussion and public comment from Dylan Mason of Linhaven River Now, the council reached a consensus to have the Mayor write a letter to the Bureau of Ocean Energy Management expressing the city's opposition to the exploration and mining proposal before the August 22nd public comment deadline. In other business, Mayor Dyer introduced a new public speaker policy to ensure civility and decorum during meetings, prohibiting disruptive behavior such as booing, heckling, and threats. The council also discussed creating an animal cruelty registry, approved a modified plan for a senior living facility on 33rd Street, and approved numerous appointments to various city boards and commissions. The consent agenda was passed 10-0, which included items related to workforce housing, a moratorium on new data center permits, and funding for a Sandbridge water tower mural.
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Haney, we got some very good presentation coming up.
0:11So, Mr. Mayor, members of council, at this time, mayor, at your request, we're going to have um the come and present an overview of your company. But first, he'll be introduced by Emily Archer, our economic development director.
0:24Welcome.
0:24Welcome. Good afternoon, mayor, vice mayor, members of city council. Uh, it's my distinct pleasure to introduce the CEO of one of the top federal government contractors in the nation located right here, CEO Ryan Angold of ADS, which is headquartered here in Virginia Beach.
0:40Ryan joined ADS in 2010, beginning as a naval sales vertical manager and advancing to serve as executive vice president of market sales before being named CEO in June 2022.
0:51Great. Prior to beginning ads, Ryan served as a naval special warfare officer for the United States Navy from 1997 to 2005 and was awarded a Bronze Star with V for Valer's actions during combat. After s significant spinal cord injury in 2004, cut his military career short, Ryan successfully transitioned to a career in the defense industry, leading business and product development
1:16efforts at Earl Energy LLC and Blackbird Technologies. Ryan has also worked with exos exoskeleton technology to support re rehabilitation mobility mobility and military applications has co-founded tradewind technologies a cyber security training company. Ryan earned his bachelor of science and mechanical engineering from the United States Naval Academy. Ryan, thank you for your service and thank you for being here
1:39today.
1:43Welcome, Ryan.
1:46Good afternoon. Thank you, Mayor Dyer.
1:48Thank you for the invitation to come and talk about our amazing company headquartered right here in Virginia Beach. Thank you for that introduction.
1:56I think I need to add that, you know, people go, "Okay, Ryan, you served in the SEAL teams." I guess I did. I love serving. If I didn't get hurt, I believe I'd still be serving today. Uh my service in the SEAL teams is what brought me to Virginia Beach. Uh but I want to highlight that my my spinal cord injury was a total recreational boating accident. People think it was combat
2:15related. So I'll never live this one down. But I was just back from Afghanistan.
2:19Uh very very busy, dangerous deployment, a lot of activity, a lot of action. Come back home and I break my neck. My son would say it was paraphailing instead of parasailing. But bad unfortunate injury on the Chesapeake Bay. I dislocated my C5C6 paralyzed from the neck down. Made a cover recovery no expected. a lot of time in the Richmond spinal cord injury VA, but a lengthy lengthy recovery
2:42process that forced me to start a new career, which led to me serving in the defense industry. So, CEO of ADS for four years, been at ADS for 15 years.
2:54Very unique relationship with ADS. Show of hands. Up until now, how many of you familiar with ADS?
3:01Some of you, a lot of you know us as that dive shop, you know, formerly Atlantic Diving Supply. Now we go by ads, but I was a ads customer in 1998, fresh out of SEAL training. Checked into Seal Team 2 and was told, "Hey, take this piece of paper, go down to the attic space above Liv Linhaven Dive Center off Great Neck Road and go get your wets suit." So I was an ADS
3:25customer. A lot of my initial equipment when I was at Seal Team 2 where I had three deployments, I was actually deployed during 911. A lot of my equipment came from ADS. Then I went over to Naval Special Warfare Development Group, but Damn Neck, same thing. Going through and getting issued great equipment, equipment from all these different awesome manufacturers and ADS behind the scenes supporting me.
3:45Fast forward, I have an injury in my naval career. I'm involved in different industry positions and I work with a company where I get the opportunity to work with ADS as a manufacturer. I was building hybrid offgrid hybrid power systems. Got to expose to ADS. I was like, "Wow, ADS is doing a lot more than selling just diving equipment." Well, they're involved with everything and I
4:05got to experience that value and what ads provides to manufacturers, giving me access to key customers within the Marine Corps and educating me more on the procurement side of the defense industrial base and supporting the military. So, very cool cool connection with ads. We have an internal theme called keep your head under the boat. As many of you seen, people going through SEAL training have to carry that boat on
4:27their head. And I tell my entire team, our job is to make sure we're supporting our customers. keep our head under the boat for the customers we support, the manufacturers we support and supporting each other, our teammates.
4:42Linhaven Dive Center. So many people still have that connection to ADS. Even Secretary of the Navy Hunga talks about how he received his initial equipment from ADS when he served in the EOD community. Our founder and chairman Luke Hillier developed created ads out of Linhaven Dive Center where they recognized that so many active duty personnel were going to Linhaven Dive Center to get better equipment than they
5:06were being being issued at their commands trying to buy the latest and greatest in commercial products, equipment and technology. That led to the idea to say, "Hey, let's create a business focused solely on supporting the war fighter to ensure they have the best equipment possible." And that's led to ads now evolving into one of the largest defense companies most people have never heard of. Uh headquartered
5:28right off Linhaven Parkway with an expansion warehouse taking place as well. So ads is growing. We have roughly 270 personnel headquartered here in Virginia Beach. We're 492 employees total. And I'll highlight I do have a hard cap at not being able to go over 500, but that's not going to be the case forever. So I think uh in telling the story to Mayor Dyer just highlighting what we're doing in the industry, how
5:53we're disruptive and how ads is going to continue to grow and we're on a trajectory to be able to exceed the right now government limitation of going over 500 employees. So technically right now ads is the largest defense small business in the history of America.
6:09We're a multi-billion dollar organization. We've delivered 7 billion in products, equipment, technology in the last 12 months. And we're doing that with under 500 personnel. There's nobody like us in the industry. So here I'll let you look at this and you have the slides in front of you, but we cover the full spectrum of products, equipment, and technology that the war fighters use, the men and
6:33women protecting our country and our freedom, what they use. And I will tell you with all these different areas, there's a story behind what got us into every one of these areas and why ADS is now the leading UAS or drone provider to the military in the entire country. The largest provider of counter UAS technology to the military. All the FIFA stadiums you saw those soccer games taking place. Did you see any drones
6:55landing on the field? Every single game I was a little nervous to make sure that didn't happen. But all that counter US technology supporting even our our state level FIFA games was provided came through ads. So this full spectrum of products, equipment, technology that the war fighter needs. And you've noticed recently a significant demand for the adoption of non-traditional manufacturers, companies that don't
7:19traditionally focus on supporting the war fighter. We make it extremely easy for them to insert their products, their equipment, their technology into the ecosystem.
7:28We are a 289 person sales team calling on the military across the entire country and the globe. We have folks in Japan, Hawaii, Guam, across Europe, Africa, and Sentcom. Everywhere our customers are, we are supporting primarily our US forces and our allies.
7:50So, everyone's like, "Got it. Ads global impact across the board supporting the war fighter." I want to highlight what we what we're doing here locally. So ads will transact with approximately 3,000 companies annually. Out of those about 450 core companies where we do a lot of our volume with helping them everything from sales, customer access to procurement support, leveraging rapid
8:13acquisition contracts to help them get their products to the to the war fighter quicker. But locally there's more than 50 plus companies that work good amount of their businesses with ads leveraging our team, our resources, our rapid procurement channels to get their products to the war fighter totaling 175 million total revenue associated with those companies just in 2025 alone and
8:33it's growing. So just think locally, you have this company that spawned out of Linhaven Dive Center that's now having that kind of impact locally along with the global impact of what will result this year probably in 7 and a half billion in uh in orders from DO and federal agencies.
8:53Mayor Dyer, you had a fun time at Warrior Expo, correct?
8:55Oh, got to meet Rob Gronowski, USA.
8:59I was like in a candy store. Are you kidding? Yeah, that's where I wore my marine tie today.
9:06So, our warrior ads warrior expo was where I first experienced it as a manufacturer showcasing my products on the show floor. ADS hosts the largest private industry defense trade show in the country right here in Virginia Beach. 1,500 active duty government personnel, more than 350 companies, all coming to Virginia Beach to access and give visibility and all the capabilities we can provide to our war fighters. So,
9:30it's a great event. It really started with just five companies 25 years ago and now it's evolved into what's now the largest taking place right at the convention center. So great opportunity to put the spotlight on Virginia Beach and what we do and how we support the war fighters.
9:46You can see our global impact again supporting primarily US forces globally.
9:50Our sales reps are either in Virginia Beach or they're located where our customers are located and we're supporting manufacturers across the country uh and supporting our allies.
10:02Now, a couple of the things I just want to highlight. So, I share this with our team all the time because I I highlight the fact that I love serving. I came from Northern California, got accepted to the Naval Academy. I'm one of seven boys Rob Ryan Russ Rory Ricky Ronnie, Rhett. My parents are like, "That place is free. you should go there. I got in. I wanted to play
10:21football. I did track. I was like Rudy.
10:23Actually, Rudy probably got more football playing time than I did at the Naval Academy. But I fell in love with serving and then fell in love with shooting and striving to become a Navy Seal. I went through SEAL training.
10:33Checked in here. I love what I was doing. I love Virginia Beach. I love being by the water. Career cut short.
10:39Very frustrating to go. But I was optimistic throughout. I was paralyzed from the neck down. They said I'd never walk again. They thought I'd be in the VA up in Richmond, the spinal cord injury center for nine months. I walked out in three and a half. Upper body took a while. Was kind of like T-Rex arms for a couple years, but made a recovery not expected, but I still have that chip in
10:57my shoulder that I had a career cut short. Ads has given me a home. I get to work with amazing team where I feel like I still have the opportunity to serve.
11:05We are a for-profit business, right? I love to pay my employees, but I want you all to know I love to compete. And it's truly hard to understand from where you all sit what we do and how we're disruptive. We are the number 11 top US defense contractor on revenue.
11:24Definitely not on margins. Just know as a taxpayer, we compete in singledigit margins. Costco's average margins are 12 to 13% gross. We can do things and deliver capability to the war fighter at margins no other multi-billion dollar company can touch. How we've been disruptive in this ecosystem is it's phenomenal. And I think our limitation on our headcount capacity has driven those efficiencies forced us to be very
11:50lean. But just know that we compete for every single dollar we bring in. Working with all the companies here locally and globally. So I share this with the team all the time. Our customers win when we compete and ads competes for every single dollar to ensure we're providing the best technology, best product, best capability at the best price as quickly as possible. We're always doing one of
12:14those three. Ideally, it's all those three. So, I just want you all to know that because most of the time, our biggest competition is not all the other companies who we compete with, who I love to compete with. It's usually the legacy way of doing business and a process that's costs more and takes more time. So, I just want to foot stomp that a little bit because I got to share that
12:33with the mayor a few weeks ago. Uh, and I highlighted all the different things we're expanding into.
12:39uh different growth areas that are high priorities within the ecosystem that we support and also just acknowledge that Virginia Beach a pretty large or ads a large employer here in Virginia Beach and we're on a path to continue to grow beyond 2030 2031. I can highlight that we're not going to have the same headcount limitations we have right now.
13:00And my goal is to continue to ensure that we're as efficient as possible and if and when I can go over that 500 headcount cap and I know the rules better than anybody. Uh and the mo the the flywheel's moving. But ads is going to be a significant presence through that time period and even greater presence as we're able to grow beyond that. So I love living in Virginia Beach. My family loves it here. Love
13:21supporting the local community. Uh, and honestly, we haven't done enough time engaging with the city. You know, I love sharing the story, you know, across the country with all of our customer base, but I appreciate the opportunity to highlight with you all what this great company's doing, spawning out of a little dive shop off Great Neck Road.
13:39So, it's all I have. If you all have any questions, happy to share more thoughts and talk more about ads. But, yeah, turn over to you.
13:45Before I open it up, like I said, I was a kid in the candy store going at the expo. It was fantastic. two ballrooms full of uh updated equipment. And then uh he had a big conference. Ron Gronowski was there, my wife met him and that was a good thing.
14:04Big fan of his. But the thing is I really think when I met with you a couple weeks before, you know, just in the briefing, you know, you didn't mention that they're also in the business they're making prefabricated barracks and aircraft hangers, too. And you're talking about a very very diversified group. But I think it's important now we have a actual mayor's roundt for defense contractors. I think
14:30we have over 70 uh defense major defense contractors in the city of Virginia Beach right now. And th this was one.
14:40And then one of your subsidiaries, you know, I did the grand opening of their place the other day. Um and defense industry is very very key. But once again, when we hear about a company that started off in a dive shop and the opportunity that they stayed right here in Virginia Beach and went into a multi-billion dollar international, but it's not only that, it's the mission on what they do and making sure that our
15:10war fighters and and right here in Virginia Beach, we're very proud of our military presence, you know, Navy, all branches and everything, but you know, I just wanted to bring in Ryan to let folks know you were here and uh I'd like to open up to any questions or concerns or comments. Rosemary, just thank you so much for coming and sharing your story. I mean, it's amazing and must give a lot of people hope when
15:36they and have an injury like yours and look at look how you come out and flourished and you're heading up a major corporation now which right it it is Virginia Beach Homegrown and I remember Charlie and of course Luke and all the people in that started it. In fact, my family members several decades ago took scuba life lessons in the dive dive shop. Yeah.
16:02So, it's a wonderful story that you have and we're glad that you stayed here and haven't wanted to go anywhere else and we really appreciate you being part of Virginia Beach's family.
16:11Great. Thank you.
16:12Okay. Anybody else?
16:15Hey, Ryan. I just want to thank you and your magnificent team and uh you know, keep it going, keep it growing.
16:22Dave had a hand up. Oh, Dave.
16:27Thank you. Thanks so much.
16:46Okay.
16:52Okay. Next up.
16:54Okay.
16:55All right. So, Mr. Mayor, members of council, at this time, mayor, at your request, council member Beluchcci and Mr. Hutcherson's request, we're going to have a doc, Dr. Richard Bishop from Virginia Tech give city council a briefing on on seabed mining. Right. I do also want to thank Dr. Bishop for coming up like basically helping us out the last minute because Mr. Bluch, when you asked for
17:17this request, it was difficult for us to figure out who would actually give this and we really searched the entire Commonwealth and Dr. Dr. Bishop and his team at Virginia Tech was more than willing to come all the way down from Blackburg and give city council a briefing and an overview of a very complicated matter for us to discuss with you all. So, Dr. Bishop, thank you for your time.
17:36You're very welcome and and good afternoon, city council members. It's an honor to be here. Um I'm born and raised in Virginia, so it was certainly a pleasure to to get back from the mountains of Virginia to the the coast here. So, um you know, I was asked to basically give a kind of a neutral overview of of how I see offshore mining. I think it's a quite contentious uh subject right now here at Virginia
17:57Beach and the coast. Um but specifically the critical minerals associated with offshore mining and what Odyssey Marine Exploration has been proposing uh here.
18:07So um just by way of background, I did want to kind of talk about my background a little bit more. So I am a mining engineer. I'm a professor of practice at Virginia Tech. Uh my background actually started in sand and gravel in Northern California. So I was out there many years ago. I moved away from Virginia when I was 19 to do that. Uh then I worked in uh Heavy Mineral Sands. So
18:28near Petersburg, my hometown, there's a Heavy Mineral Sands operation that was previously owned by an Australian company. Now it's owned uh actually a friend of mine had co-founded that company called Atlantic Strategic Minerals. So we're actively mining and processing heavy mineral sands in the state of Virginia in the Petersburg uh Denwitty County, Stony Creek area of Virginia right now. Uh this is a little
18:49bit different in the sense that it's offshore. So it would be considered, you know, marine uh area. So basically what has happened is um there's this proposed area of of where there's been historic offshore exploration by the Virginia uh Department of Energy. So for the last 40 years, the Department of Energy has been collecting samples uh to try to better characterize offshore resources and
19:12they've identified heavy mineral sands.
19:14Heavy mineral sands are basically uh titanium, zirkcon, monazite minerals that have weathered from the mountains and moved through rivers and streams and and weather events to to be deposited on our beach. So, you've actually probably seen them when you've walked the beach at Virginia Beach and other places. And they've also deposited offshore. And we'll go over some of the geology here
19:34with you this afternoon. But essentially um this is the grey hatched area the the the you know the hatched area offshore there uh quite far actually from Virginia Beach itself but it represents um you know an area 3 to 6 to four miles offshore with a water depth of 15 to 300 ft. uh Virginia Energies collected over 600 samples uh of this area over over the historical time period about 40
19:59years. And then again uh Odyssey Marine Exploration which had had put out an RFI uh is proposing additional exploration work to better understand what minerals are there and and um you know what uh what are is the environmental quality that exists offshore today.
20:17So when we talk about critical minerals, you probably actually heard this quite a bit in the news today. There's a lot of bipartisan support uh to do exploration and characterization of critical minerals throughout the United States.
20:26And they're typically deemed critical because our over reliance on other countries throughout the world, primarily China in this case, who controls a monopoly of many of the different minerals that we're using for some of the high-tech applications that were were alluded to in the prior presentation with drones and other things, but the electric vehicles, you know, the motors that go in the electric
20:43vehicles, the battery materials. uh in the specific case of titanium and zirkcon for titanium you know certainly a lot of aerospace applications for titanium uh certainly even in the food industry we use a lot of titanium um you know zirkcon is used a lot in the nuclear industry for foundaries and and other uh high-tech industries and then monazite is known as a source of um rare earth elements. So again these these
21:08elements that are are very useful in upgrading the the material properties of things like electric motors uh navigation systems for GPS you know both for defense applications and high technology applications.
21:22So why now? So I think there's been a lot of questions from the public as to why why are we considering offshore mining or why are we considering critical minerals now especially in the state of Virginia. Well, this isn't something that that just happened overnight. This has basically been the buildup of many years of a lot of the sourcing for these materials from domestic sources to overseas sources.
21:42Not only that, there's um there's been a lot of issues over the last decade or so with supply chain risk for a lot of our manufacturing here in the United States as as some of the manufacturing for example for for cars that move from combustion based fuels to electric vehicles. It requires a different type of minerals to produce those uh those technology and those equipments. Cell
22:02phones, smartphones, things like that.
22:04same thing. So they're requiring different minerals and most of those minerals are being sourced from other countries and in some cases it's being used as a political tool uh to impact manufacturing here in the United States.
22:14So that that's another thing that's kind of been playing out over the last decade plus. Uh what brought this particular project I think to the public uh concern is basically a federal process that was opened up with BOM who received an unsolicited request uh in November of 2025 that was published uh the Virginia RFI in 2026 of June. So this past year uh the public comment window is coming up
22:39very soon I believe Saturday so August 22nd of this year. So I think that's the purpose of why we're speaking about it today. But the other thing that's also coincided with the work that I do at the university is a lot of this exploration characterization type work. So a lot of the technologies that we use today are far advanced and what we would have used 40 50 years ago in the resource
22:59industry. So that's allowed us to identify these minerals in many cases as co-products or byproducts of things that were already moving like sand for example throughout the world and certainly throughout the United States and the state of Virginia.
23:12uh you know one of the things I just wanted to leave you with today it's certainly not my my role here to convince you either way but what has been proposed is expiration not mining right so this is basically to do an evaluation of what those resources are offshore um and then you know eventually that would be a whole different decision that needs to be made of whether mining or dredging would be allowed uh what
23:35would expiration look like so some type of shipbased mapping would would be on order as well as you know desktop top studies looking at the existed information provided by the Virginia Department of Energy. Uh grab samples could be collected. This is geologists that I've actually done a lot of work with who retired from the Virginia uh energy office uh using a clamshell sampler. So ve very minimally evasive
23:56just picking up sand uh from the seafloor, seeing what minerals are in it, what could come later. So again after after review of of what information is is there with these offshore um deposits uh there would be permits there would be approvals that would need to be decided on later and certainly the processing method proposed would need to be reviewed. So as far as what I think that you know the city
24:20should ask for is transparent baseline studies. to what information is out there today, what information would be collected as part of this process and making sure that monitoring studies are being done and the the local people here are engaged in this process.
24:34Uh why offshore Virginia? Of course, the geology, which I'll go over and highlight with you all this afternoon.
24:40Uh there's ancient shorelines here that are underwater. They're also on the coast or on the beach. If you've seen black sand on the beach, that's titanium sand. Um there's an existing resource base. So again there's been a lot of studies over the last four decades on this topic. So there's existing information that has enticed a company to to want to do additional uh information gathering here. The
25:01strategic minerals we'll talk about the titanium minerals again the zirkcon and the possible rare earthbearing monazite that remain you know relevant for the strategic minerals investigations that we're doing across the country right now. Uh, I think a really important part as it pertains to Virginia Beach is the coastal resilience because we're talking about sand and you're you're typically
25:21sourcing sand from offshore to to use to replenish beaches. I think this is another important topic here. And then, you know, the other interesting thing here is, you know, there's great marine infrastructure in Virginia Beach and the surrounding area. Uh, but one of the questions that would need to be answered in the future is where would any potential processing be located? Right?
25:40That's an important question for you all.
25:43So um what are the the heavy mineral sands of interest? I mentioned the titanium, the zirkcon and the rare earths. So again these are are weathered sediments that have moved down from the mountains through millions of years and deposited by gravity here along the coast and also further upshore as I mentioned around the u like the Petersburg area of Virginia for example.
26:03Uh but very wellknown and understood sources of of uh these specific critical minerals. And then you can see in this lower photo here, you can see that black sand. That's the heavy mineral sands naturally deposited on the on the beach surface.
26:18Uh the deposit model as I mentioned. So you have this weathering of these very weatherresistant minerals, but again over a period of millions of years, they've moved into sand grain sizes deposited, you know, on along the beach, offshore from the beach. But because of their density, they tend to concentrate.
26:36So waves and currents actually naturally with gravity concentrate these into sometimes economic deposits, sometimes not. So that's another important distinction here. It very naturally concentrates itself in these beach sand environments.
26:53What might offshore exploration actually look like? So again, as I mentioned, there will be plenty of desktop studies looking at existing information that was produced by the state of Virginia. uh identifying what other constraints there might be. Military areas for example that would need to be uh you know oluded away from any potential future studies looking at fisheries you know shipwrecks
27:15things like that. There could be other you know um um you know things that we would need to avoid with part of this process. Geoysical studies would be done. So you could do things like baometric surveys doing topography of the ocean floor for example. seabed sampling. So again, collecting samples, analyzing what's in those samples, uh looking at, you know, how how far does that mineralization go into the sand
27:39below the laboratory work. So we obviously do a lot of this at Virginia Tech as well. This is one of of our research associates here looking at minology, looking at different grain sizes and and grain uh minerals to determine what's associated with those different particles. And then of course very importantly, environmental baseline studies. So experts would look at the current situation offshore or or in any
28:01type of resource investigation. Uh do a a a expert study of what's actually there. You know, what marine life, what fish would be associated in in any particular area that would be investigated, water quality as well.
28:15So if resource recovery ever came later, what might that process look like?
28:19Again, we're kind of speculating here, but you know, heavy mineral sands are quite well understood. the processing for them is quite easy because it's very much a physical separation process. So Bowam actually said that if dredging were to occur, the material would be likely collected using a hopper dredge.
28:34So something you would have similarly seen with sand movement in this area uh particularly in like the navigational channels and coastal protection dredging and then likely taking somewhere onshore for processing. Uh where that is I don't know. I don't think anybody would know at this point. That would be something that engineers would study and decide later. And so what some of the key
28:55technical questions that could follow after that expiration phase that's been being decided now is where would the dredging actually occur? How deep, how often? Uh what fraction is returned as sand versus shipped as a heavy mineral sand concentrate for processing of the titanium zirkon and potentially the monazite as well. Would that sand be able to be used for beach uh reourishment? and where would the
29:17processing, water handling, and residue management actually occur? So, I I think it's really, you know, another thing you should consider as part of this is, you know, could uh a process like this where you're recovering a valuable mineral out of the sand, would this help offset the cost of some of the beach reourishment uh projects that may impact communities here.
29:37As far as the processing, it's it's quite straightforward. You may or may not have ever seen a spiral, but it's essentially like a slide that minerals move down with water. And just because of their density, those heavier dense uh particles, that titanium sand, the zirkcon sand, and the monazite, because it's a denser particle, it moves out along that spiral. And we can make a very easy separation process with water.
29:59So very straightforward, very well understood that that plant could produce u you know the the enrichment of the titanium sands and the zirkcon sands that would be processed somewhere else likely outside of the state of Virginia.
30:12Um, you know, as far as, you know, other materials that would would be produced, obviously sand. So, the the waste from this particular process would be that sand that may be a product for somebody else here that wants to do beach renourishment. Um, as far as questions for future processing, I think you should consider again where would that plant actually be located? How much water would be used? How will the fines
30:34be managed? And can that sand be returned to where it was collected from or can it actually be beneficially used for restoration projects? for example.
30:44So, these are a few examples just pulled from the internet, uh, some of Virginia Beach, but something that you're probably quite aware of and have seen.
30:50Some people like it, some people don't, but it's certainly a process of keeping beaches in a useful form. And so, I think this is a real opportunity. I think I think, you know, for better or worse, people are used to seeing dredges offshore. This isn't anything new here.
31:03Um, and they're widely being used for beach reourishment, for keeping channels deep and navigable. Uh, but this is an opportunity. I mean being able to off potentially offset the cost of these types of projects by you know having royalties or having uh some type of um economic incentive to recover this sand and and and separating out the heavy mineral sands the zirkcon and titanium sands is is something I think that
31:26should be considered.
31:28Um another thing I was asked is you know where has this been done in other locations uh in the United States or throughout the world. So there's there's a lot of international examples of where dredges and other uh you know large uh equipment is being used to recover heavy mineral sand certainly in Australia North Strad broke island. So the company that was doing this this type of work
31:47near Petersburg has an island uh in the northern part of Australia where they were using u dredges to actually recover the heavy mineral sands there. Richard's Bay in South Africa is al also quite famous for heavy mineral sand recovery.
32:01uh the Nakqua Sands project in South Africa as well. And then something that might be a little bit more similar because it is offshore is diamond recovery off off the coast of Namibia.
32:11So these would be some other international examples that you could look at.
32:17Again, um with environmental impacts, again, this would be studied as part of a process like this. We don't know everything today, right? This would be part of experts coming in doing these types of studies. But you know potential downsides would be there could be additional traffic, additional boats offshore doing this type of work. Some noise associated with that. Uh you know lights, different things like that. Uh
32:38the geohysical surveys you there could be acoustic effects that would need to be studied. Uh timing restrictions on where those studies would when and where they would actually occur. The sampling footprint in the exploration phase this is very minimal. These are these are small um disturbances that are usually quite temporary in nature. Collecting sand, analyzing what's in that sand. The
33:00cultural resources I mentioned previously, you know, if there might be archeological sites offshore that need to be studied, these these would be documented as part of this process as well. Uh shipwrecks, things like that. I think if you look at the history of the company that's making this application, they actually are quite famous for doing uh shipwreck uh expiration offshore. And
33:18then data transparency. This is always important. So, you know, making sure that baseline studies are available and the maps and methods that are proposed are disseminated and available for public consumption.
33:32So, uh I just put together a quick slide on on some you know potential questions that you could ask here uh you know from the project stage and forward. So, what is actually permitted now? What would require a separate approval later? So, again that recovery that extraction later would be a whole different study.
33:49a whole different vote. Uh the local baseline, so what environmental, tourism fisheries military cultural and sediment baseline data already exist today? Uh public transparency, will the maps, methods, sample results, and monitoring data be released in a usable form? The design for dredging, if the extraction is actually proposed later, will the location, depth, duration, seasonality, and plume limits be
34:15disclosed? The processing plan, where would that material go? How would water and or fines be handled and who regulates it? And six, benefit sharing.
34:24So those can those nonvaluable or in some cases very valuable uh sand actually be used to to support beach nourishment and what direct local benefits or protections uh apply. And the bottom line here is a city doesn't have to decide whether to support mining or dredging for these minerals today. uh it should insist on a transparent evaluation before any future extraction decision is made. So
34:51um I'll leave it there, but uh I I I recently did a couple podcasts. Some people might want to see some extra information where we talk about some of these minerals, not knowing this would ever come up, but uh there is a podcast done by a geologist in Utah. And I was actually speaking at a a Virginia geology conference a few months ago. So you can learn a little bit more about Titanium Zirkcon, what's happening in
35:12parallel throughout the United States right now uh via these podcasts.
35:17So I'll leave it there, but I think there is some time for questions.
35:21And then um thank you, Mayor. Um I have a lot to say about this topic. Um and I'm very concerned about the impact of potential seabed mining off of our coast. Um, I do have a couple questions for you and then at a future time when when others have had a chance to ask their questions, I'd like to make a request and share some additional information. Mayor.
35:48Sure.
35:49Um, but first of all, thank you for coming here all the way from Blackburg.
35:52And I understand from our conversation before the meeting that, you know, you're able to enjoy a couple days in Virginia Beach, and I'm I'm really thrilled about that. And I appreciate you sharing your expertise and and perspective with us today. Um, but I have to say I personally disagree with the with the recommendation that you made that we don't have to do anything today. Um, as a lifelong
36:17resident of Virginia Beach and as a person who um is aware of both the enjoyment that our uh residents and visitors uh take from our oceanfront and from the natural resources that the Chesapeake Bay and the Atlantic Ocean are. um as well as um when considering which which wasn't included in your slides um the impact of tourism, commercial and recreational fishing, uh the Port of Virginia maritime
36:48traffic, the offshore wind uh turbines and supporting infrastructure, the activity at the of the US military, and that includes activity that we're aware of and activity that is classified and and that we're not aware of that we know is happening just off off our coast. Um the Wallup Wallup Island flight activity that occurs there. Um and and certainly the uh undersea communications infrastructure that's in
37:18place um that is connecting us with the with the globe digitally um and is an industry sector that we've invested in fostering here. U we don't know where that's going to take us in the future.
37:31So when when I consider um the impact of seabed mining even the exploration of it um in context of all those other uses in a very constrained area I just don't you know I'm no I'm not an engineer but I just don't know how all those things fit and none of those things um really even touch the impact of the ecology, the sea life, the environment, um the incredible investments that have
38:09occurred in seabed restoration just off the Eastern Shore. Um and for all of those reasons, maybe I'll just jump to it. Uh my recommendation and request, humble and respectful request of the council is that we have until August 27 22nd to formally provide our feedback on behalf of the city of Virginia Beach to Bureau of Energy Management. Um and so that's a very short window. I wish we would have an
38:39opportunity to take a vote or something like that, but we really wanted to get this briefing in. But but my request would be that we ask the city, whether it would be the mayor or city manager or Mr. Kenzie to express our opposition to Cabbed mining. I know there's more conversation that would have to occur there, but that's really what I'm going to. I see this as responsible stewardship, but I'm getting to a
39:00question, I promise. You're fine.
39:01Um I see this as responsible stewardship of um the resources that we've been blessed with in in Virginia Beach. And in in speaking with the people that I have the privilege to serve, I haven't met one person who thinks this is a good idea.
39:16um and that would have a positive impact on our on our community. Uh there's questions about what what would that activity look like? There's questions about as you noted where would that processing occur. Uh there's questions about the compatibility with all the other uses. Um, and I don't think you have to be an engineer to know that, you know, sucking up sand off of the bottom of the sea,
39:42um, would have a detrimental impact on, uh, the environment, the ecology, and our, and therefore our quality of life.
39:49There's sediment plumes that are associated with it. Um and this council in previous years has taken a position in opposition to um oil and gas exploration even the exploration side of it um as well as uranium mining in the western part of the state. I do recognize the um the necessity for rare earth minerals and I'm not in a position to to know where they're available on the earth and
40:20and where they're not. And I do know that as a country we have to make sure those we have accessibility to those resources for national security and other economic reasons. Um but I have a lot of concerns about it. Just want to note in addition that Akamak County, Northampton County, the town of Chinkati, Ocean City, Maryland have all taken oppositional positions as well as the Virginia Space uh Port Authority. Uh
40:45the Marine Virginia Marine uh Resource Commission has expressed concern and the Maryland Department of Natural Resources has um expressed opposition as well.
40:58I forgot my question.
41:01I forgot my question. Uh, but I don't know if you have any thoughts. Um, well, let me ask you a question. Why, so this is my question. In light of all that, why would we why would anyone pursue exploration if if, as I do, you believe that the mining would be incompatible with the with the uh with our quality of life and our economy and all the other uses that exists.
41:27So Barb, I appreciate all the things that you said very much. So um I'm not here to sway you one way or the other.
41:34I'm basically just here to explain what heavy mineral sands are, what critical minerals are, how this might look like, how we separate that. These are very objectives statements that I'm hopefully conveying to you all here today and and those that might be watching online. Um so I actually lead a large project across 11 states uh for Virginia Tech and other universities and through the
41:54US Department of Energy. This is all onshore but it's it's quite similar just on a much broader scale looking at characterization. So understanding what we have and where we have it. Um I do see value in those types of exercises.
42:06Again this never implies that anything would ever be recovered but understanding what we have and what concentrations is knowledge. And I think knowledge is very useful. Right. Um again it's not up to me. It's it's it's I'm not leaning either way on this particular topic offshore or with this particular company and what they're proposing. I I think um I just wanted to make the distinction that what they are
42:29proposing is to try to get more information and I think there's value in information, but it's certainly up to the people that live in this area to answer it.
42:36Thank you. Well, it so two questions.
42:38The first is as a followup. Um, but we're not talking about academic ecological mineral research on behalf of Virginia Tech for the purposes of science. The type of research that is being proposed is industrial research for the purposes of getting to a place to know whether or not CB mining could occur and be economically viable. Is that correct?
43:04There is some distinction there but I would say that whether it's you know funded by shareholders of one specific company or funded by the US department of energy or funded by my own pocketbook because I want to do you know research for the university. I think I'm just making that decision that information is of some value. Those environmental baseline studies are of value. um whether it proceeds from this moment
43:28forward is really not my decision or or I don't have any say one way or the other but to to be specific about it this particular proposal is being funded by industry being contemplated to be funded by industry could be um whether it is or it isn't I'm just saying that that information is useful and making sure the transparency of that information that's collected is also useful for local people here,
43:56but it's not scientific research for the purposes of science. It's for the purposes of industry. That that's a distinction that's important to me. But I would just make the distinction that, you know, all the information that they would collect would be reported to state and federal agencies and that is of some national defense importance.
44:15Understood. Finally, um just want to be clear about our constraints and limitations. We are free to have an opinion, but we have no formal jurisdiction over this. So that jurisdiction ends at the three mile. Uh is that correct? Could you tell us a little bit about where state local federal waters intersect and that any position conveyed on the part of Virginia Beach or any other locality
44:41isn't an authorizing position or or uh a denial. It's just simply an expression of a position. We have no formal jurisdiction in those waters. Is that is that accurate?
44:52I I don't want to misspeak here because I'm certainly not an expert in this particular area. But um but it's my understanding that this is an important commentary period as as you all know.
45:02That's all it is. Comment. Yeah. We we have no authority in this area jurisdictionally. That's correct.
45:12Council member, um Mark and I were just speaking about that in concept and theory. We know you're probably right.
45:18We don't necessarily know the details of where it's sat. We just generally kind of know Virginia Beach stops at a certain space and the state kicks in and then it's federal waters from there on.
45:26You you you certainly have no say so below mean low water. The state takes over at that point. But how the state and the federal government interact in that space on this issue I would have to look at to tell you definitively.
45:39That's my understanding. And and and just finally, we we may not have a formal jurisdictional um authority, but we certainly have an interest. And that's simply what I'm expressing on on behalf of the wonderful people I have the privilege to serve in Virginia Beach is is that interest. and uh and everyone I've spoken to, including representatives from other industries in the area. Many of them I
46:04listed, um have expressed concern even with the idea of exploration because it inevitably would be designed to lead toward that mining. Uh mayor, I mentioned to you earlier, we do have a representative from Linhaven River now.
46:16His name is Dylan Mason. I would love to invite him with your permission to say a few words about his research, but I I want to make sure that before I do that, I have the opportunity for uh can we watch the Q&A first? We go Hutch and then Josh.
46:32Hey, thank you for being here. Um my the one thing that um you struck me with a lot of same sentiment obviously anybody that goes to do this knows they're going to run into a lot of headwinds no matter where they try to do it, right? I mean that's nature of this. Um, you did say something about the sand though and this might be a question for our staff is is
46:54that I don't want to say we're kind of high flutin here, but you know, we like our sand to have a pretty high standard.
46:59I believe, right? Hasn't that caused us problems in the past? Like just because it is sand doesn't necessarily mean we can use it on our beaches, right? It's not the beach quality. We could use it, but it doesn't have the the aesthetic that we want in our at our beach, right?
47:15But it could it could be though. We don't know what it actually looks like down there or something like that.
47:20I'm just saying it sounds like that could be something, but it very likely is not for us is all and I know you weren't trying to say it one way or the other. I just was looking for some clarity on it. So, um yeah. And then obviously just like we said is that there would have to be a lot that goes into this to reassure a lot of fears
47:39before um before I think we bought in at all. But you definitely want to seek to understand. I get it. But um yeah, I really appreciate that thorough briefing though. That's excellent.
47:51You're welcome. Yeah, that's Thank you, Mayor. Um thank you very much for your presentation and for making your time for us. Uh and I like your tie, by the way.
48:03Um I've got just kind of two thoughts around this subject. Um, one is I guess I don't know just theoretical, but um, you know, I often times tell my own kids, why go looking for something when you don't know what you might find?
48:26And if you find it, you might not like it. And it's kind of like doing exploratory surgery on a patient that doesn't have an illness or um busting down a wall in your house, you know, in search of termites or structural damage and and not and and then not finding it. Um so I I just I'm I'm weary of this and I appreciate um all of what you said. Um environmental risks are of paramount
49:02concern to me. Um and then um and then I guess the other the other thing is is just a personal experience and I this completely coincidental um I just happened to be up on the Eastern Shore this past weekend and we my wife and I uh we took a boat cruise uh well actually we took a boat and we got dropped off like and it seemed like it was in the middle of the ocean on on
49:30the barrier islands. Um we left from watchri um and we were there for about four hours and and just there was there was nothing there and nothing but shells and um just pristine coastline and and that ever changing coastline too. uh the gentleman who uh took us out there um is tied to the Nature Conservancy and and uh and and I've got and and I know the Nature Conservancy owns a lot of those
50:02barrier islands out there. Uh they've been able to protect them and um what they what they do for coastal resiliency and what they what they do for our just natural ecological habitat. Um, I just I don't know if I want to go. I mean, and this is less for you. is more for everybody else. But I I I just don't know if you don't know what you're digging for and if you find something
50:26you don't like, I I just I don't know why we would why we would mess with or allow or encourage or suggest that we should mess with something that is so fragile and delicate and ever changing and so critical to um you know, not not not just the habitat there, but but the way of life up there. Um, so, so those are those are my kinds of thoughts around this issue. I'm glad that even if
50:55this does go forward that it's just exploration as opposed to a part of me feels like once you got one foot over the fence, like it's a lot easier, you know, for for for the other foot to kind of fall on with it. So, um I I share each and every concern that Council Member Beluchcci just raised moments ago and I just think we we you know, we got to
51:21tread carefully and we just got to be careful when we when we go when we go knocking down the drywall if we don't like what we find behind it. Um I don't think there's much way to kind of control what what the outcome might be on the back side of that.
51:38Okay.
51:39Okay, thank you again for your um presentation.
51:47But two things struck me looking at people are looking for certain things and you have shared with us all the different minerals. It's like there's gold out in the west that same feeling of people wanting to look and see. Also besides what they're looking at, I notice certain countries that you mentioned, media, South Africa, because sometimes these areas people may not understand the
52:20impact of this that they're searching for, but the researchers know what's in there. They know to do with the diamond.
52:28They know much about these others. But luckily for here we are very much careful about our environment and the impact to others.
52:41So you know what Michael is saying is important. We really need to look at that. We really need to look at our wildlife all of that. So, in my opinion, it looks nice like nice shiny items, but um I'm not really interested in seeing us going through that process for this.
53:11Thank you.
53:12Thank you. Anybody else? But, you know, sir, I sincerely want to thank you for coming. uh be assured that this council is not immune to controversial subjects these days.
53:24Um but but that being said, there's two sides of the story and I think you really articulated well a position but but once again I I've recently taught a course in uh international political economics and the fact this initiative is to due to international economics. Uh but once again it's in its symphasy. Uh it should but the idea like everything that we do should be thoroughly discussed, vetted. Uh look at the
53:55positives and ne negatives of SWAT analysis. But the fact that you came here from UVA but you know make sure that you I do projects with UVA though. They're okay slip. My goodness. Okay.
54:13From that college in Virginia. Um, no, but I'm just saying, you know, Virginia Tech has very renowned for engineering and you know, look, you you really do and uh but thank you so much for coming and enjoy your time here in Virginia Beach. Thank you.
54:28No, thank you all. As you know, Virginia born and raised u I I'm very happy to be here and and thank you for the opportunity to share my thoughts and hopefully provide different perspectives for you today. Thank you.
54:39And you did. Thank you. And you did it eloquently. Thank you.
54:42Thank you very much.
54:43Thank you, mayor. As mentioned previously, we're also joined by Dylan Mason from Linhaven River. Now, Dylan wasn't originally scheduled as part of theformational briefing here, but I think in light of um some of the questions that that uh have been raised here at the table, I I I know he's prepared to say a few words about it from the perspective of the um local initiatives that have been underway on
55:09this topic. Come up.
55:12Nothing like being on the spot, but welcome to our world.
55:22All right. Thank you so much, Mayor, Council, um Dr. Bishop as well. Awesome presentation. Um as Council Member Luchcci mentioned, I'm Dylan Mason. I'm the public policy manager with Lin Haven River Now here in Virginia Beach. Uh this proposal came on our radar in about November of 2025 when the unsolicited bid was sent through to BOAM. Um that just by virtue of it being an unsolicited B bid and ending up with a
55:48proposed sort of leasing process starting two months ago uh was caused for concern immediately for us. So even though that this is an exploratory phase right now, what we're weighing is the possibility of opening up an entirely new extractive industry. uh to waters that aren't really that far from Virginia Beach and in an area that's 2700 square miles wide um or large.
56:12Something of note with that too, we have had a lot of sand dredging and navigational dredging done around this country for about 70 years or so. Um the sand borrow areas that the federal government has managed um for that 70 years are about 130 square miles. Um, so we're looking at uh in the entirety of a 70-year sort of renourishment sand borrow pit offshore area um taking a 2700 square mile block and potentially
56:43moving towards resource extraction if that sort of exploratory phase was to move forward. Um being from the Eastern Shore originally, I'm from Shinkatig Island. Over the past two months, I've spoke with hundreds of people um from all sorts of different stakeholder groups from commercial and recreational fishermen um all the way to local city councils, town councils. Um the concern has been resounding. These are
57:05communities that have livelihoods that are dependent on healthy waterways and healthy ecosystems. Um, as Councilman Berluchcci also mentioned and and Councilman Schulman, these are very fragile ecosystems that are already sort of under threat from different sort of climate stressors, issues with resilience and and water quality stemming from agricultural runoff.
57:28adding another sort of untested, unproven, unprecedented industry to our waterways is something that I personally and Linhaven River Now personally as an organization um we do not support uh in any way, shape or form. And the conflicting use aspect when you look at the the economics of this proposal uh is is massive. the Virginia Spaceport Authority going on record within this first two-month period uh already with
57:54opposition is sort of a resounding example of the level of economic exposure that is presented by this sort of industry. Um so I really appreciate all your time. Thank you for giving me a couple minutes to speak.
58:05Thanks for your insight and you would help round out the conversation. Thank you.
58:09Awesome. Thank you. My um and thank you thank you uh Mr. information for your insight and um I think it's a really healthy discussion but we have to put a we have to put a fine point on this. We have four days uh I guess really three days um in about 30 minutes, three business days to express our position if we are going to um as I mentioned before um my request and my preference and and
58:41that of those I've spoken to in the community is that we take the opportunity to lend our voice to those of our neighbors across the shore and on the eastern seabboard to express opposition and I know we're not in a position to take a vote so it's sort of precarious thing but um Mr. Mayor and and Mr. manager. I guess you know this would be an opportunity if anyone disagrees with that position to say so.
59:06Otherwise, um I just have to ask if there's any objection to the city of Virginia Beach taking that position, an oppositional position to stand with our neighbors, to stand with the bay, to stand with the ocean, to protect the wildlife and um environment, ecology and economy that we hold so precious here at Virginia Beach.
59:26Mayor, so we can't take it on.
59:31But what we can do if there's consensus, we can ask the mayor to write a letter.
59:35That I would be willing to do. I think that would be the clearest path. And I can say, you know, with an overwhelming, you know, consensus from the council.
59:44Would that would that be okay, Mark?
59:46Yeah, let's let's go ahead and do that.
59:48Okay. Thank you.
59:50All right. There we go. Thank you.
59:52So, Mr. Mayor, we'll work to correspondence.
59:57Okay. Hey, uh with your permission, colleagues, I'm going to go ahead and get started uh with the council comments.
1:00:05You know, let's put it this way, folks.
1:00:07We all know that uh politics is a contact blood sport these days, not for the faint of heart.
1:00:14you know, whether you look at Washington, Richmond, you look at any city or what's going on in this country, you know, uh the level of civility and dignity, you know, going on with communication is not really present.
1:00:29And um ultimately I have the duty and responsibility of the guy with the gavl to make sure that when anybody comes to speak at our meeting, they are treated with respect and dignity. Whether they are for it or against it, pro or con, opponent, opponent, whatever way you want to push it, when people come into our council chambers, they have to know that they're going to feel safe when they're at that
1:01:05podium. You know, unfortunately, we had a couple meetings uh where, you know, civility was not the order of the day.
1:01:14And you know once again as I mentioned you know we come up with some hot potato items from time to time where people get very emotional and you know um and express their ab views. We want people to do that but once again it's a what's going on now with social media and everything. You know some people have think that they have the right to come in and act inappropriately.
1:01:44And uh you know once again I think maintaining a decorum and let me just say for a number of years uh I know now don't forget I spoke to every mayor in the 757 over the weekend. Everyone has a strict speaker policy and to be honest with you until recently I didn't think Virginia Beach would need one. But my friends I really think right now we need one. And you know, once again, you know,
1:02:12we as elected officials, you know, we take the heat, we take the heat at the dis, we take the heat in the media, we take the heat in social media, you know, that's part of the deal. That's what we sign up for. But when people come to speak and want to give their time and their opinion, these opinions have to be valued. And we cannot have people coming here in fear of speaking of being heckled
1:02:39uh and threatened and things of that nature. And all I'm asking for is mutual respect and dignity. Uh so I had a meeting uh with the vice mayor, city attorney, uh city clerk and everything. And but once again, I'm the guy with the gavl. I am the person that has to maintain order for everybody. Now once again, you know, we as a a collective body, we have order among ourselves. We have disagreement
1:03:12among ourselves and we treat each other with respect and dignity. We have different opinions and we had that on the final vote the other day. But we respect each other and then we move on because guess what? There's going to be more challenges coming. You know, when you think about it, every year we vote on literally thousands of ordinances, resolutions, and in this case, real estate things, most of which really
1:03:44don't, you know, come on the radar. But recently a couple things have come on the radar and you know we were subject to criticism but that comes with the turf. It'll be our duty going forward to do you know as Michael Baluchcci said you know give better explanations of things but once again you know local government is complex and you know uh we have a duty going forward but that being
1:04:12said what are we going to do now? And I'm I'm going to say we are in a position I am not and we should not tolerate you know you know toxic environments in our in our chambers. So that being said I'm going to add an addendum which will take effect today uh to our thing. I will read the normal two things but this is what I am going to include. Finally, I call upon all
1:04:43speakers and all persons in the chamber to be civil in their discussion and the quorum. Whatever views you hold and wish to express, the city council wants to hear from you and that means everyone.
1:04:58In order to ensure that all viewpoints and all persons are respected, clapping, cheering, booing, speaking loudly or making other disruptive sounds while a speaker has the floor is not permitted.
1:05:14All speakers have the equal right to be heard. Any member of the audience who interferes with a recognized speaker's time will be warned first. and if the disruptive behavior continues will be required to leave the chamber.
1:05:33Additionally, threats intimidation of others is prohibited at all times.
1:05:40I regret that I had to do this, but in all honesty, I had to.
1:05:47But once again, I'm we're going to throw it open for discussion. Rosemary.
1:05:53So Bobby, you have a very difficult job and last week was definitely one of those nights.
1:06:01But what I wanted to say is we we all are concerned about freedom of speech and freedom of speech when you're at the disk and when you're at the podium needs to be accepted. They can say whatever they want. That's their three minutes.
1:06:16But what's freedom of speech though is when they is they're against freedom of speech when they intimidate other people speaking.
1:06:26Intimidation is not freedom of speech.
1:06:29So when somebody's up there speaking and the audience is intimidating, jeering, yelling, saying terrible things, threatening, uh that infringes on their freedom of speech. Uh, I think we this is very important that we we do this and we support the mayor on this. Uh, there was a lot of things that happened last week. I mean, there was a pregnant lady that was threatened.
1:06:59They said, "We're going to get you."
1:07:03It's terrible.
1:07:04And I I'd like for us to consider one other thing.
1:07:10Remember the guy brought the box up to the podium?
1:07:15Fortunately, it was it was a box with nothing in it. Fortunately, it was innocent, but there could have been something dangerous in that box. And I'll just let your mind think about it.
1:07:27So, I'd like for us to consider adding to our to our policy that those kind of things cannot be brought up to the podium.
1:07:39You know, let me just say, you know, I went to St. University and from what I understand a number of years ago that there was violence against the council members and I think some lives were lost. Uh you know we live in a very dangerous you know you know toxic environment. We live in a powder cake envir environment where one spark and I just think we're just taking the precautions. But when you think about
1:08:06it, we want everybody in the chamber, everybody in the chamber to feel safe and I think that's why we're doing it.
1:08:12I'd like to hear some more comments.
1:08:14Hutch and then Stacy.
1:08:17Vice Mayor, I was just going to offer maybe a slight slight suggestion to what you're saying is clerk. Um, is is that when because somebody might have something that has something that pertains like if they want to bring I don't want it to be like all or nothing with the like it might be something they want to show or it could be something. So maybe if they when they
1:08:39check in with the you they get the box looked at or or maybe have our What are you shaking your head? No, for having Well, then then have Yeah.
1:08:51Yeah. Yeah. I mean, have it like cuz I don't I don't uh we had the one gentleman back um with uh Marlin Bay stuff, you know, he brought up the box with the asphalt in it and I thought it was a very powerful like this is what we're digging up back here. You know, we're making this better. you know, so I think that's an example of where the the picture was worth a thousand word. I
1:09:11mean, when I saw the big chunk of asphalt, I was like, "Oh, okay. Yeah, we definitely would probably not want that in our water." So, you know, I mean, it could be I don't know. Maybe it's I tell you what, as we discuss the possibility of making an adjustment to the ordinance, I think we could have a conversation, you know, you know, to find something out. But I, you know, I
1:09:31think you make a point, but by the same token, um, like I said, we live in a crazy world. Okay, we got Stacy, then Michael, and then Josh.
1:09:41I had a uh friend that came to speak in favor of the golf course of the Dragon Steel and didn't have any stake in the game, just thought it was the right thing to do. He works for an organization that is very supportive of um affordable housing. And so he came to speak in favor of the proposal.
1:10:05And he was his intent was to stay for the entire process, the entire hearing.
1:10:12But he was so intimidated by the crowd that after he spoke, he left directly because he was fearful that at the end of this this this whole uh thing was going to erupt and quite frankly sitting on the DAS I know some of us had that same feeling that this thing could erupt any at any time and that does not lead for open dialogue that we need to hear.
1:10:45There are many citizens, you know, goodnatured, good intending people to come and speak out uh either for a project or against a project that come for the right reasons. There's a small group that comes to disrupt no matter what the topic is, no matter what the controversy is, they're coming to disrupt. And you know, I think this will help to corral some of that. I do have a concern where it says that um all
1:11:18speakers have where we talk about um no clapping or sounds uh while a speaker has the floor because most of this a lot of this that goes on is between speakers when the clerk is trying to call the next speaker that they're they erupt and that that's when the comments come and the threats and the u the intimidation.
1:11:43So I would I would propose that we just make it during the entire course of the proceeding.
1:11:48And I think Mark, I think that might not be a bad idea because once again, it's like in between speakers and everything.
1:11:56We can I think we can modify.
1:11:57Well, we also can't hear who Amanda calls.
1:12:00Yeah.
1:12:00Because they're making so much noise, we can't Yeah. So, you know, I think no clapping in the See, that's what the other, you know, trust me when I say I spoke to all the other mayors and they're pretty strict about that. Um, you know, some people even have uh things that we're not going to do, uh, where they can't, uh, you know, uh, you know, verbally call out the council members, but we're
1:12:21not going to do that. But, uh, you know, the thing because that is a first amendment thing. You know, we talked about that prior, too. But I think, you know, I think any type of uh, you know, um, you know, clapping, booing, or anything, whether somebody's speaking or not, you know, what do you think?
1:12:41Um, I I think you can do that. I I um I think as long as it's enforced strictly and evenhandedly uh it's a it's a contentneutral uh enforcement then I think you can do that. It will be hard, I think, to prohibit people from expressing support or uh disagreement uh in that transitional period. U and so it's going to be it's going to make your job doubly hard because you're going to
1:13:23have to make sure that both sides get of an issue get treated exactly the same. I I will say that the addition of the last sentence uh to the policy was intended to in part address that concern. Uh and that is to say uh you know threats and intimidation of others is prohibited at all times in the chamber. But I if you want to go further you can but again it's it's the
1:13:53devil's in the detail and how you enforce that.
1:13:55Stacey, how about this? Why don't we try this and see how it works out and if it necessitates it, we can always modify.
1:14:04Wouldn't it worked on Tuesday night?
1:14:06Yeah. Oh, that's the whole thing. But now we have uh you know, we also met with our police and uh we're as I never want to ask anybody to leave, but if somebody forces me to compel that, I'm going to. And people have to know that uh you know I like I said I want to hear everybody and hey a lot of times hey they come after me personally heaven heaven knows that all right
1:14:37but I'm just saying I I just think the first amendment is the same in Norfick and Fort Smith and these other jurisdictions that have much tighter restrictions than we do.
1:14:46I I understand that. But by the same token, you know, I got to get something on paper now. And you know, if we can modify this as we go forward depending on the situation, but be assured now uh that hey, listen, I don't want anybody to be as sorted out. We will ask them to leave first and if they don't leave, then we're going to have to do that. But unfortunately,
1:15:14uh you know, let's take the first step and we'll go from there. Okay.
1:15:18Thank you, mayor. Um, and I support you on this. And something I tell people quite often is, um, we don't get to choose our choices.
1:15:31We just have to make them. Um, sometimes we get to, you know, try to work to make the choices we have to make a little easier um, and more palatable or different or smaller or less impactful or whatever they are. But at the end of the day, we got um two buttons up there, a red one and a green one. And we got to make a choice. And sometimes those are imperfect choices. And um I remember
1:15:58speaking to a group of scouts um and somebody asked me a tough question in council chambers. Um that was I guess a little bit more for the person who asked me the question as opposed to the kids who were there to learn. Um but um but I kind of backed off and I said, "Hey, you know, kids, um we got 11 seats up there.
1:16:22We got 350 seats out there and we got 460,000 people out there. And when you boil it down, we got two bunches." Uh and we all do the best we can. And I know that. Um, and my heart sank on Tuesday when I heard the booing, the hissing, the cheering of a pregnant woman trying to talk about daycare. Um, that that hurt my heart. Um, and and I know she was
1:16:53threatened on her way out the door. And I also know that there were uh people who had to be escorted to their vehicles because they were in fear for their own personal safety. So, um, and and I know folks will criticize us for even having this conversation, and what a shame that is. Um, but I also think it behooves us as council members not to misinform um and not to incite people um with the with that
1:17:27misinformation in mind because I think that gives them gas to come into chambers um thinking as though they're speaking the truth. truth when that isn't the case. So, um, those of us who are actually on social media and we see how things play out and we see how things are said and and who they're said about.
1:17:52Um, we're all human beings and just because you don't see it doesn't mean it doesn't happen.
1:18:00Anybody else? You know, I think an important thing to remember, you know, you know, we want people come in and tell us things, but when we have a full gallery, you know, you know, we have actually got to think about what 455,000 people that live in Virginia Beach and doing the right thing for them, too.
1:18:26And you know, people will come into our chamber with strong opinions, but we got to but the thing is we as a council have to see both sides and sometimes we got to make those tough what I call King Solomon decisions.
1:18:42But I tell you what, I think this will be at least the first step. And once again, we call it, you know, tough love in a way. But what can I tell you? I'm the guy with the gavl and it's up to me to make sure that things are right.
1:18:56Thank you all. Anybody else for council comments? Michael and Ben. Uh I'll defer to Mr. but then come back to me.
1:19:05Thanks. So um just want to congratulate Roit Baptist Church. Mayor, thank you for coming and reading the pro proclamation. Rahobit Baptist Church in historic Seac celebrated its 60th anniversary this uh past Sunday. A well attended service and appreciate it. Dr.
1:19:20James Allen, uh, and the person who gave the sermon, um, Pastor Keys. But thanks again, mayor, for coming.
1:19:29Michael, thank you, mayor. Um, last week the city of Chesapeake unanimously adopted um an a registry, an animal cruelty registry. And that registry is authorized by state code um to allow a municipality to share information about people who have been convicted of serious crimes against animals.
1:19:54And um I was interested in that. wasn't aware that that was an option, but um I had uh been in touch with the with council member Newans from Chesapeake who was the um who initiated and and led that initiative in Chesapeake. Um with some encouragement to contemplate whether or not that would be a good fit for Virginia Beach. Um there are a variety of adopting agencies. Of course, the city of Virginia Beach um animal
1:20:26shelter that's run by the city has, I think, a robust and comprehensive vetting policy and big established organizations such as, for example, probably the SPCA has a vetting policy that would would hopefully be able to identify this as part of the adoption process. But there's a variety of other smaller adoption and rescue agencies that don't have access to that that would benefit from um the idea of
1:20:56identifying a potential risk situation for one of these rescue animals. I think we all agree that abuse, whether it's animal abuse or human abuse, is terrible. and uh any resources that we may be able to provide that would make it um less likely for an animal or a human to find themselves in a situation like that. I think it's something we should explore and consider. I did reach out to Mr. Styles and Mr. Duhaney and
1:21:24ask them to review for appropriateness for um what administration of a registry like that would look like um and whether or not it would be useful in for Virginia Beach. Um I've and and I'm not asking you to comment on that now. I think we'll hear back um in a in a some reasonable amount of time on that this week.
1:21:45This week. Okay, that's good. Um but but I I do think it presents a unique opportunity to further protect um the animals the and these are you know those rescue animals in many cases have been through really horrific circumstances and we certainly don't want to be in a position to put them uh in a in a situation where they find themselves where something like that could would continue and um I think it's something
1:22:11worth looking at. So I'll I'll just leave it at that. I look forward to having that conversation. Um, I have been in touch as well. Uh, council member Hutcherson and I are leazison in the animal services division. So, I have been in touch with them and they are looking at it as well, I think, as part of this analysis. So, there'll be more to come, but I want to drop that on your
1:22:28radar. You could Google it. You could search it. It's been widely reported.
1:22:32But, if Virginia Beach added to that, it would begin to create a regional registry where that would protect animals and families um all across the region potentially.
1:22:41Okay. just get if I could dubtail on that, Council Member Beluchcci is that, you know, we're not talking about a a dog walking fine or something like that.
1:22:49This is heinous moving up to felony level um to where we're we're asking for this registry. Um we feel it'll be a good use um for us to help uh just just like I said, just in the most uh egregious harm of like Michael and I've said, these are animals, you know, they don't have a lot of control. they they get really brutalized uh if they are by someone that person should probably
1:23:14never be allowed to have a pet again an animal like that again. So, yeah. So, um we just we just felt like it was a good first move and to help with the regionalism.
1:23:24Yeah. We just you know schedule, you know, doing a work workshop, you know, presentation as I just wanted to bring to everybody's attention that we have a star in our midst who's going to be performing in Dancing of the Stars on Saturday night with Council.
1:23:43So, we want to wish him well. That's right. and that uh we can call him Twinkle Toes or whatever new name. I have a new name called Splash, but that's another story.
1:23:53Trust me when I say better you than me.
1:23:56We contribute to something.
1:23:58Okay, I'll just follow on. Um this wasn't my idea. It was actually they've been trying to give me for like six years and uh I kept saying no and then they cornered my wife and she gave a ambiguous no which they they took as a yes and I had to talk her out of it and I had to offer myself in exchange so um it'll be a great time. It's all in
1:24:24support of Virginia Musical Theater. Uh it's at the Sandler Center. Uh tickets are available online if you want to come cheer me on or or uh or uh we can boo you there, right?
1:24:35You can boo you there.
1:24:38They don't have those.
1:24:40But yeah, it's uh I think uh the the doors open at 6:30. It starts at 7 and it'll be uh and it's Saturday, August 22nd. Um and and it'll be forever for me, but it's only two hours.
1:24:57All right. Anybody else? Okay. How about consent agenda?
1:25:03You're having a vision. Right. So, under ordinance resolutions, anybody have any issues with anything there?
1:25:16Um, under planning number three, there's one speaker. So, is that speaker?
1:25:24Speaker.
1:25:25Yes.
1:25:26Is that the speaker's in support?
1:25:27Yes.
1:25:29So, consent.
1:25:30Okay. Um, anyway, this is district six's night.
1:25:36Number one, Allison Sitar and Anthony Sitar, District 6.
1:25:43No speakers.
1:25:45Consent, please.
1:25:45That's the only speaker.
1:25:46Consent, please.
1:25:49Number two, 33rd Street LLC, District 6.
1:25:53Consent, please.
1:25:58Uh, number four, 232 Jersey Avenue, District 4, approved.
1:26:06Number five, um, City View 2, District 4, approved.
1:26:13I'm going to vote no
1:26:21number six 1036 FP Road LLC District 9.
1:26:26Um yes, madam vice mayor and council um in the the staff report and the conditions that came out of planning um that there was a there's a fence for this bulky yard uh bulk storage yard. Um there was no height maximum height specified. Uh I went out there with uh community members, met with the applicant and the owner uh and their attorney and uh we we had a a conversation around just just making
1:26:56sure that the the height was delineated in the the condition. So, um, around the table there is a, um, just a red line just adding that the fence enclosing the bulk storage yard shall not exceed a height of 8 ft. So, um, I I'm I'm fine with that. Um, I'll say the amended version.
1:27:17The amended version. Yes. Yes.
1:27:20And then number seven, the ordinance to amend the city zoning ordinance um for workforce housing.
1:27:32That's it.
1:27:33Okay.
1:27:33So is is three not only consent but we are have a we have a speaker.
1:27:45Anything else Barbara?
1:27:51No, it's just that that I I think this whole issue with the um senior living facility is is an important issue for us to be concerned about. And I was just hoping we were going to hear a little bit more about it, but we're not going to hear anything. I guess we won't.
1:28:06Okay. You still know?
1:28:09That was four.
1:28:10I'm sorry.
1:28:11Yeah. No, I'm I'm I just wanted to know more about this whether this senior living facility is is being constructed or not and how but I guess you're a no on number four.
1:28:21Five.
1:28:22Five. I mean I had you down for five.
1:28:25Yeah, pardon me. Five.
1:28:28So if I could speak to number items two and three. This we did approve of this project uh earlier last year and this is actually better for I think the citizens. We had a couple of meetings.
1:28:39It's also better for the developer. So, um it is a senior living facility. It will remain one. They're just taking away the food and the medical attention.
1:28:48No health services provided. It's just a senior living right facility. Well, I I was concerned in reading this, you know, there was a lot of concern about being able to get across Pacific Avenue and so forth, and I was just hoping we were going to make sure we had some um concern for that because that's certainly an issue with the senior folks living in that area and that will be addressed after be a
1:29:12part of the site plan approval and the project approval.
1:29:15Okay, you're still on Noah number five.
1:29:18Yes.
1:29:20All righty. The chair will entertain a motion to recess into a closed session pursuant to the exemption of open meetings allowed by section 2.237A code of Virginia as amended for the following purpose. legal matters, consultation with legal counsel, briefings and staff members or consultants pertaining to the actual or probable litigation where such consultations or briefings in open space
1:29:45would adversely affect negotiating or litigating posture of the public body pursuant to the section 2.2 2 371187 and that's Carolyn Trible versus City of Virginia Beach public contract discussions or awards of public contract involved in the expenditure of public funds and discussions of terms or scope of such contract where discussion open session would adversely affect the bargaining position of uh negotiating
1:30:16strategy of the public body pursuant to section 2.2371829 23711829 and project peacock peacock and then personnel matters discussions considerations 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 assumed to section 2.23711A1 23711A1
1:30:45and that's for appointments of boards, commissions committees authorities agencies and appointees. Do I have a motion?
1:30:52Second.
1:30:55Iron C.
1:30:56Hi.
1:30:58Hi.
1:31:01Hi.
1:31:03Green.
1:31:03Hi.
1:31:05Hi.
1:31:06I we are requesting to close.
1:31:23I call this meeting to order. And if we can stand up for the uh if you're willing and a able for the invoc uh invocation.
1:31:33Heavenly Father, you are always with us and beside us. Be with us this evening as we consider the affairs of our great city. Give us the patience to listen, the wisdom to decide, and the strength to act. Amen.
1:31:51And if we may ask for a moment of silence for all of those who have paid the ultim ultimate price for our city and our nation.
1:32:09Okay. Pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
1:32:29Okay, madame clerk, do we have a roll call?
1:32:33Uh, yes, your honor. All present, excluding Council Member Rouse, who's absent tonight.
1:32:37Do I have a motion for the certification of the closed session?
1:32:41So moved. Second.
1:32:49The vote is open.
1:32:57Is that everybody? Oh, Council Hutchson, may I have your vote, please?
1:33:02I know you seconded, but I need your vote.
1:33:05Thank you.
1:33:08By vote of 10 to zero, you certify the close session of be in accordance with a motion to recess.
1:33:13Okay. Uh, at this point we're going to have a public hearing on the lease of property, Virginia Beach Farmers Market, building 1, space 10, TFK Delhi LLC, uh, to be determined TDK Delhi and General Store, buildings 8, spaces 23 and 24 to Wilds of Whimsy LLC, DBA, uh, Southern Branch Nursery. Do we have any speakers?
1:33:40No speakers, sir.
1:33:42Okay. At this point I am going to read uh the speakers um thing and you know uh you know in lie of a you know a couple uh things going on over the last couple meetings which will be discussed at length sometime in the future at immediate future. I may I've made some modifications to the speaker uh statement. I want to remind everyone that the city council speaker policy that allows certain representatives of
1:34:14groups to speak for 10 minutes applies only to planning items. All other speakers, whether speaking individually or on behalf of a group, will have up to three minutes to speak on a single item.
1:34:29Speakers are reminded that comments during the formal portion of the meeting must be limited to the subject of the item that is being considered by the council at the time you are called. For items placed on the consent agenda, a speaker will have up to three minutes to address any single item. If a speaker wishes to address multiple consent items, the speaker will also have cumulative total of six minutes to
1:34:56address those items. Again, the speaker must limit his or her comments to the subject matter of the items they have signed up to address. And finally, I call upon all speakers and all persons in the chamber to be civil in their discussion and the quorum. Whatever views you hold and wish to express, the city council wants to hear from you. In order to ensure all viewpoints and all persons are respected, clapping,
1:35:29cheering, booing, speaking loudly, or making other disruptive sounds while a speaker has the floor is not permitted.
1:35:39All speakers will have an equal right to be heard. Any member of the audience who interferes with a recognized speaker's time will be warned and the disruptive behavior continues will be required to leave the chamber. Additionally, threats and intimidation of others is prohibited at all times. Okay.
1:36:06Consent agenda.
1:36:08Uh yes, Mr. Mayor. We're going to be pulling for the council under planning items two and three.
1:36:14Mayor, I'm sorry to interrupt, but we do have a speaker on um one item for consent I3. We have one speaker.
1:36:22Okay, by all means.
1:36:24One speaker. Okay.
1:36:26Okay. Walter Walter Camp.
1:36:27Yep.
1:36:28Mr. Ham, go ahead.
1:36:33Thank you, Mayor Dyer, Madame Vice Mayor, members of council. I don't want to belabor the item or the consent agenda. U but I did want to bring to your attention two other things that are related that I don't think are going to arise in any other forum and this way you can consider them because there's some time ahead as these regulations are being drafted. These two items can be
1:36:54considered at the same time instead of taking more time later. That's the only reason I rise to speak tonight. Back in 2017, the industry was different and city council's view of the industry was different. Back in uh what was it?
1:37:08November 7th of 2017, council had a meeting with the and it adopted ordinances with the intention to attract data centers to Virginia Beach. But at that time, hyperscalers and the kinds of things we see today really hadn't emerged the way that they're now affecting land use in Virginia.
1:37:27Some of the things enacted back in 2017 are still here. And it seems to me that they ought to be looked at at the same time as the zoning code so that you get the results that you want. That everything is unified and aligned and speaks to one set of policy positions instead of discovering later, oh, there's another piece over here that maybe we wanted to think about but we didn't. Most specifically, uh, on
1:37:54November 7th of 17, council enacted an ordinance cutting the business property tax specifically on data centers by 90%.
1:38:04And that is just using a definition of data center, which is enacted in the code at a time when our other staff over in planning is searching for the right definition of data centers. It seems to me since we have a definition that it ought to be aligned, changed, or whatever we're going to do ought to use the same words when we're talking about the same land use. At the same time,
1:38:28staff may want to consult with the commissioner of the revenue about the taxation of data center property and ensure that it's being handled in again in an aligned fashion. And then lastly, the economic development department's website has a number of references to data centers, including just sort of blanket statements. Virginia Beach is a preferred location for data centers. I think things are more nuanced now, and
1:38:54it's probably time to look at the city's website and ensure that the messaging out there aligns with the policy positions that you're now considering.
1:39:03That's all I wanted to say about these items. Thank you.
1:39:05Thank you.
1:39:07Ma'am.
1:39:08Okay. Thank you, Mr. Mayor. Uh, under ordinance and resolutions number one is the ordinance to amend city code section 16-44 16-46 16-51 16-52 16-53 and 16-56 and add section 1651.1 regard regarding um workforce housing.
1:39:30Number two is a resolution to approve the 2026 plan of financing with the Virginia Beach Development Authority not to exceed 175 million to approve certain document prepared in connection with such financing and authorize the execution and delivery of the same.
1:39:55Number three is a resolution to establish a moratorum on the issuance of permits related to any new data center or uh for 12 months from the adoption of this resolution until the time the city council takes final action uh on the ordinance regulating data center uh whichever occurs first. Number four is the ordinance to authorize the temporary encroachments to a city-owned drainage
1:40:29and utility assembly uh located along the sides and rear of 700 uh Greensboro Avenue regarding construction and maintain a vinyl bulkhead uh return walls and maintenance existing timber bulkhead. That's in district five. Number five is the ordinance to authorize the use of $75,000 from the Sandbridge special services fund uh to creation of a Sandbridge water tower mural requested by Mayor Dyer and
1:41:05Council Member Henley. Number six is the ordinance to accept and approve and appropriate $55,515 from the Edward Burn Justice Assistant Grant to the FY202627 police operating budget uh regarding the purchase of narcotics tester and uh and and an equinine. I open the plan uh planning session.
1:41:33Uh number one is Allison H and Anthony J. SH for a street closure at 7.5 and 15 ft portion of an unnamed unimproved 15t lane in the uh eastern 15t and 12 1/2 ft unimproved portion of Holly Road along the rear of and adjacent to 252 Bay Colony Drive and that's in district 6.
1:42:06Number four is 232 Jersey Avenue LLC for conditional use permit Rayb Bulk Storage Yard at 233 and 241 uh Pennsylvania Avenue and that's in district 4. Number five, and this will be with Mrs. Henley voting no. City View 2 uh LLC for a conditional use permit Ray many warehouses at a parcel uh at directly north of 20 Constitutional Drive. And that is in district 4. Uh number six, uh 1036
1:42:42uh FP road LLC for conditional use permit Ray Mini warehouse and both storage at 10 36 Fairy Plantation Road.
1:42:51And that will be for the alternative version and that's in district 9. And lastly, n uh seven, ordinance to amend city zoning ordinance uh section 2100 and 21102 and add section 21107 Ray workforce housing.
1:43:10Move for approval.
1:43:11Do I have a second?
1:43:13Second, mayor. That was Ross Hammond on the second.
1:43:18Mayor, I'm sorry. I have a just one clarifying question. Um, number two, planning number two. We only have uh one. We didn't have any speakers signed up for that one. So, I believe that can be on consent.
1:43:33Okay. Put that on consent. Number two on consent.
1:43:36Okay. Well, um, number two is 33rd Street LLC for street closure.
1:43:41Approximately 3,680 square ft. improved portion of 33rd Street uh directly adjacent to 3300 and 3 3330 Pacific Avenue and 305 33rd Street and that's in District 6.
1:44:02Okay.
1:44:02Yep. Josh, Mr. Mayor, would you mind if I just spoke briefly to item six on the alternative version just for the benefit of the public?
1:44:10Yeah, go right ahead. Um, as part of the conditional use permit for a bulk storage yard at this property, um, a, uh, fencing was allowed, uh, the height of the fencing was not specified. So, after meeting with the applicant, the owner, uh, in the neighborhood, um, we we added a single sentence, the fence and closing the bulk storage yard not exceed a height of 8 ft. So, that's, uh, the only change.
1:44:38Okay. Thank you. Any other questions or concerns? Okay, let's open the vote.
1:44:47I'm sorry. Who was the second?
1:44:49Amelia Ross Hammond.
1:44:50Thank you.
1:44:54The vote is open.
1:45:00Go ahead and close it. By a vote of 10 to zero, you have approved the consent agenda as read by Vice Mayor Wilson, noting Council Member Henley's nay vote on planning number five and planning number six as amended.
1:45:14Okay. At this point, we'll hear planning number three, a 33rd Street LLC for modification of conditions, a special exemption for alternative compliance.
1:45:25Ray construct an 85 foot senior living facility at 3300 and 30 3330 Pacific Avenue. Uh 305 32nd Street property east of 3300 Pacific Avenue property west of 3053rd Street District 6.
1:45:52Eddie Pon representing the applicant.
1:45:53Hello Eddie. Good evening, uh, Mayor Dyer, Vice Mayor Wilson, honorable council members. This item is on the consent agenda. Um, Brian Stab with Marlin Development is here. Gray Mason, our architects here. Um, and Dave Jester wanted me to send along his apologies.
1:46:11He had a long, long ago planned trip out of out of the area and couldn't be here tonight. Uh, Bob, who signed up to speak, is actually in favor, and that's the person who signed up to speak. So, I wasn't planning on boring you all with something that was on consent and just let Bob come up and say what he'd like to say.
1:46:29Okay. Any questions for Eddie at all?
1:46:32Okay. How about a motion on this?
1:46:34Oh, I'm sorry. We have one other speaker.
1:46:36Oh, one other speaker.
1:46:37Yeah, there and he but he's not opposed.
1:46:39He's a neighbor who's not opposed.
1:46:41Okay.
1:46:41Robert Fatavik.
1:46:48Thank you, Mr.
1:46:50Welcome. Welcome.
1:46:52Good evening, Mayor Dyer, Vice Mayor Wilson, Councilman Remick, and remaining council members. My name is Bob Fatovich. I live at 33 and a half street at Artic Avenue.
1:47:06I'm sure you've all seen the TV commercial for Atlantic Shores where these jolly go-lucky seniors ride around in their golf carts to take advantage of all their amenities. Now imagine a Beach Tower commercial with their senior residents riding around in their Beach Tower golf court golf carts and walking to the boardwalk with their grandchildren and dining at the oceanfront. Well, that's not going to
1:47:34happen. Why? because they're going to be too afraid to cross Pacific Avenue as we all are now with the addition of over 200 senior citizens plus 60 or so citizens from an adjacent Bashard development on 34th Street, another 10 to 15 from a Bo development and all as advertised will try to make their way to the boardwalk.
1:48:01This along with the added volume of 370 cars by the new parking garage at 35th Street due to open early in 2027 and a rumored adjacent Mayflower parking lot development. 34th Street is becoming hot.
1:48:19One can even consider this stretch of Pacific like a school zone and reduce the speed limit.
1:48:27Well, a naysayer could say, "Well, you could go walk down Arctic to Alaskan for dining and shopping, but then you have to cross 32nd Street to get to Alaskan."
1:48:38Another situation in needs addressing, such as a four-way stop to be able to cross successfully.
1:48:45In closing, I'm supportive of this project. However, it will take two or three years to complete and that is the same time frame you all heard about last week from the farmhouse development to design and order a hawk system and it has taken over three years to install one at the Cavalier. I do not think we can wait that long for something to be done. Anything now will help. Mr. Bdon in his presentation to
1:49:13the planning commission agreed to cost sharing for infrastructure needed for this project and all we're asking for is that this pedestrian safety signalization is specifically included in any infrastructure profers with this development. Thank you.
1:49:31Thank you for coming.
1:49:33That's all the speakers, sir.
1:49:36Okay.
1:49:37U Thank you, mayor. Thank you, Mr. Fedic for your presentation there and for your involvement in this project. You bring a lot of design architectural skills to it. Um this body, this council approved of this project unanimously a year ago.
1:49:52And since that time, this project has actually improved for the betterment both of the community and the developer.
1:49:58It is senior housing. It's going from 12 stories to five to seven stories, less parking, and ladies and gentlemen, 10 affordable housing units, which was not in the program before. So, I do move for approval. Appreciate the community there meeting with the developer and the developer meeting and listening to what the needs of the community are. And Mr.
1:50:19Fedic is right. We should be talking about crossing the safety of crossing Pacific Avenue after this project is done. So, I move for approval. Thank you. Second.
1:50:31Second, Michael Baluchcci. Second. Any other discussion?
1:50:36Let's open the vote.
1:50:39No.
1:50:49One second. Open the vote. Terry is open.
1:50:52The vote is open and we will adjust to say council member Rimik and Mr. Belucci was a second.
1:51:00By vote of 10 to zero, you've approved the application.
1:51:05Thank you very much and I hope everybody has a wonderful Labor Day.
1:51:08Hey, God bless you. Take care.
1:51:12Okay. Do we have any appointments?
1:51:15Yes, Mr. Mayor. um uh the Chesapeake Bay Alcohol and U Safety Action Program to reappoint uh Paul Nudigate as the city representative and the COG review and allocation committee to appoint Michaela Hume and she represents the United Way. Uh, deferred compensation board appoint Jessica Wheelie from the sheriff's department. Uh, the development authority appoint uh, Martin Joseph and to reappoint William Brunkley
1:51:55Brunky and Esmail Meeks. the flood pre uh prevention and uh bond referendum is to appoint I iselin Jewis it's a high school student aselin excuse me aselin Jewis a high school student historic preservation committee uh two high school students Sam Ceino and Hattie Freriedman
1:52:30the housing advisory board to reappoint William Parks. The Human Rights Commission to reappoint Arnell Custo Custodio.
1:52:41Uh the Oceanana Land Use Committee uh to reappoint uh Council Member Robert Remick.
1:52:49uh the Open Space Advisory Committee to appoint Lily Bowman and to reappoint Tangela Green. Uh Parks and Recreation Commission to reappoint uh Benjamin Mezer, uh Katherine Moran, Myra Payne, and Eugene Tower uh public library board to reappoint Charlotte Zo.
1:53:19the Tidewater South Services Youth Services Board to reappoint Gregory Smith. The Cannabis Advisory Task Force to appoint Dominique Deboss Deboss. Uh the Virginia Beach Community uh Development Corporation to reappoint Christopher Brown and Robert Ule to move for approval.
1:53:45Okay.
1:53:47Okay.
1:53:59The vote is open.
1:54:02You got it done.
1:54:03By a vote of 10 to zero. You have appointed those read by Vice Mayor Wilson.
1:54:07Okay. And thank you. And any point is there unfinished business?
1:54:13No business. Thank you all. We are ajourned.