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OCTOBER 19, 2021 FORMAL SESSION MINUTES _,,`Nu aE„t cy o rs � e6 Fiy of ouRR0,0 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 19, 2021 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday, October 19, 2021, at 2:30 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson - Vacation 2 CITY MANAGER'S BRIEFINGS FY2021-22 INTERIM FINANCIAL UPDATE ITEM#72134 2:30 P.M. Mayor Dyer welcomed to Letitia Shelton, Director-Finance. Ms. Shelton expressed her appreciation to City Council for their continued support: - FY 2022 Interim Financial Statements General Fund Overview-through September 30,2021 (Cash Basis and Unaudited) '( October 19,2021 �/�j Here are the FY 2022 General Fund Revenues and Expenditures through September 30, 2021: FY 2022 General Fund Revenues and Expenditures through September 30,2021 ($Amounts in Millions) YTD Actual as Budeet YTD woof Budeet FY2021. EYZ424 Revenues Local S 1,039.0 S 87.9 8.5% S 73.0 S 68.5 State(includes PPTRA) 167.3 29.7 17.8% 25.7 26.7 Federal 24.1 4.3 17.8% 4.2 5.5 Total Revenues S 1,230.4 S 121.9 9.9% S 102.9 S 100.7 Expenditures City Operations S 788.8 S 187.0 S 601.8 S 187.3 S 176.0 City Capital Projects-Cash Funding 74.6 74.6 - 48.8 53.9 Transfer to Schools 456.9 114.2 342.7 109.7 112.0 Transfer to School Capital Projects 9.0 9.0 - 2.8 0.9 Total Expenditures S 1,329.3 S 384.8 S 944.5 S 348.6 S 342.8 Appropriated from Fund Bala tto S (98.91 $ (262.9) Department of Finance.October 19.2021,FY2022 Interim Financial tllateane 2 October 19, 2021 3 CITY MANAGER'S BRIEFINGS FY2021-22 INTERIM FINANCIAL UPDATE ITEM#72134 (Continued) Here are the FY 2022 General Fund Highlights-Local Revenues through September 30, 2021: FY 2022 General Fund Highlights - Local Revenues through September 30, 2021 (5 Amounts in Millions) YTD Actual YTD as%of Local Revenue YTD Budget Actual Budget FY 2021 FY 2020 Real Estate Tax $ 592.6 $ 3.5 0.6% $ 5.1 $ 2.1 Personal Property Tax 119.0 7.0 5.9% 5.7 5.9 General Sales Tax 72.8 16.7 22.9% 13.8 135 Business Licenses 53.2 1.1 2.1% 2.2 1.1 Utility/Telecom Tax 44.5 9.8 22.0% 9.5 9.9 Restaurant Meal Taxes 39.8 15.7 39.4% 8.3 12.9 Hotel Taxes 7.2 5.7 79.2% 3.6 3.2 Other Local Taxes 33.4 6.6 19.8% 7.3 5.6 Charges for Services 43.9 12.2 27.8% 8.1 9.7 Other Revenues 17.8 6.0 33.7% 4.7 1.8 Total $ 1,024.2 $ 84.3 8.2% $ 68.3 $ 65.7 Department of Finance.Se pte mber 21.2021,FY2022 Interim rinandd 11 3 Here are the FY 2022 General Fund Highlights-Expenditures through September 30, 2021: FY 2022 General Fund Highlights - Expenditures through September 30, 2021 ($Amounts in Millions) YTO Actual as%of Expenditure Types: YTD Budget YTD Actual Budget FY 2021 FY 2020 Personnel: General Government $ 280.1 $ 58.3 20.8% $ 59.0 $ 58.2 Public Safety-Fire 56.3 14.4 25.6% 13.2 11.8 Public Safety-Police 95.4 21.7 22.7% 22.4 20.2 Public Safety-EMS 9.4 2.4 25.5% 2.3 2.0 Public Safety-ECCS 9.6 1.7 17.7% 2.1 2.0 Other Operating Cost 239.2 60.1 25.1% 57.0 53.6 Debt Service 59.3 18.2 30.7% 20.9 19.7 Trsf to Schools-Operating and OP 465.9 123.2 26.4% 112.5 112.9 Other Transfers 114.1 84.8 74.3% 59.2 62.4 Total $ 1,329.3 $ 384.8 28.9% $ 348.6 $ 342.8 Department of Finance.October 19.2021.FY2022 Intenm Financidlliy 4 October 19, 2021 4 CITY MANAGER'S BRIEFINGS FY2021-22 INTERIM FINANCIAL UPDATE ITEM#72134 (Continued) Here is the FY 2022 General Fund Summary: FY2022 General Fund Summary ' ACTUAL EXPENDITURLS YTM 221M.J M/$1,229.2 M MM —f-- ' SLIMY�/ /� ,'nay. r ., WAYS/ ———'��9► a2r F--- — s9w -- ---liiM—— - K_ --'asin , •ALL sin um 111011. AR Department o'F t -.October 19.2021.FV2022 tntenm Fra^.0 a statements 5 Summary — FY 2022 General Fund through September 30, 2021 • Total Revenues for FY 2022 are $19.1M greater than PY • Sales Tax($2.9M)continues to outperform prior years • Hotel Tax($2.OM)and Meal Tax($7.4M)exceeding prior year and also exceeding pre-pandemic collections • Total Expenditures for FY 2022 are $36.2M greater than PY • Personnel Cost up 5.9%(less Hazard Pay and Appreciation Pay) • Transfer to CIP projects-$74.6M in FY22, $48.8 in FY21 Department of Finance.September 21,2021,FY2022 Intenm Ftnancistalbuy 6 October 19, 2021 5 CITY MANAGER'S BRIEFINGS FY2021-22 INTERIM FINANCIAL UPDATE ITEM#72134 (Continued) Here are the Next Steps: Next Steps FY 2022 October Update FY 2021 Audited Financial Statements Update FY 2022 November Update December 21 2021 T!!:IiiiiggSgi.a Deperment o!Finance.September 21.2021,FY20221n1erim m8, 7 Mayor Dyer expressed his appreciation to Ms. Shelton for the presentation. October 19, 2021 6 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 2:35 P.M. Mayor Dyer welcomed Toni Utterback,Administrator and C. J. Bodnar, P. E. -Stormwater Engineering Center. Ms. Utterback expressed her appreciation to City Council for their continued support and turned the presentation over to Mr. Bodnar: Stormwater Master Plan Update October 19, 2021 V:fJ Here is the Agenda: Agenda • Background Data • Process for Master Plan Update • Master Plan Development • Model Demonstration 2 October 19, 2021 7 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Background Data The current Stormwater Master Plan was completed in the 1990's: Last Approved Stormwater Master Plan Vftrivol -nob Ow* STORMWATER $ 411 A ", �j - MANAGEMENT PLAN 441iia5�4a101 „_, m mop CDM Current Master Plans completed in the 1990s 4 October 19, 2021 8 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Here is an overview of the reasons to update the Stormwater Master Plan: Stormwater Master Plan — Why update? • Update stormwater system inventory • Create models of the existing stormwater system • Assess performance of stormwater system o Flood control o Stormwater quality • Identify deficiencies in the stormwater system • Determine needed improvements • Provide information for project designs • Create Comprehensive Stormwater Management Plans ; .;�.R s Process for Master Plan Update "NM 1.11111 6 October 19, 2021 9 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Here is an example of the Data Collection Process: Data Collection • Continuous Process o Verify existing information - - _ <�<. rrPE o New pipes and structures '• "• cta- • City survey crews collecting data every day since October 2015 o Located over 23,000 structures to date If— Man rnw A•('.S'. . • Integrated structure information from Norfolk, Chesapeake, JEB Little Creek- , -' — Fort Story and NAS Oceana •0 a•. •` +STRUCTURE INSPECTION & EVALUATION REPor The next three (3)slides provide an overview of Model Construction: Model Construction 1 • Modeling all 15 drainage basins • All models prepared in PCSWMM — �� except Lower Southern Rivers • PCSWWM uses EPA SWMM as its 10iiralik 8engine • Lower Southern Rivers models prepared in MIKE suite of programs o Allows effects of wind into the modeling parameters - g October 19, 2021 10 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Model Construction • Models include the Primary Stormwater System o Stormwater pipes larger than 24-inches in diameter oStormwater management facilities(ponds and lakes) o Natural conveyance systems(ditches/swales/canals) • Models prepared for 1-, 2-, 10-, 25-, 50-, 100- and 500-year storm events using the new stormwater design standards adopted in 2020 • Models prepared for 1.5-ft and 3-ft sea level rise s Comparison of 1990 Modeling to Current •._._ - o.ate..w.:, s . 4 t 2018 Model Schematic.3.184 nodes 13.762 conduits 0 October 19, 2021 11 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Validation/Calibration Photographs I Ill - � l, Photographs provided by citizens of flooding events were used to provide the Calibration/Validation Results below: Calibration/Validation Results Table 3-4 September 19,2016 Flood Elevations M 10100 AM(Revised Model) Flood Elevations(feet ID Location NAND) Delta Observed Model (feet) 2 N Rosemont Road between Old Forge Road and 5.7 5.7 0.0 Club Rouse Road 2 S Rosemont Road between Old forge Road and 5.7 5.7 0.0 Club Nouse Road 3 Rosemont Road near St.Francis Church 5.7 5.7 0.0 5 South Plata Trail and Palace Green Boulevard 5.9 5.8 -0.1 6 Salina Drive and Palace Green Boulevard 5.7 5.8 0.1 7 Start4Mer Drive east of Palace Green Boulevard 5.8 SA 0.0 8 SBna Dove north of Windsor Wood,Boulevard 6.0 5.11 -0.2 9 Slone Drive north of Colonial Parkway 5.7 6.0 0.3 10 Brentwood Crescent south of Cortland Lane 6.5 6.a .0.1 11 South Boulevard west of Brentwood Crescent 6.6 6.4 -0.1 12 lake Windsor near South Boulevard 5.2 5.1 -0.1 13 South Boulevard near uke Wmd,or 5.1 5.1 0.0 14 South Plata Trail south of the President al Canal 6.1 5 8 -0 3 Average delta - .US 12 • October 19, 2021 12 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Master Plan Development 13 Here is an overview of the Master Plan Development: Dam Neck&Upper West Neck Creek Drainage Baains Master Plan Development • Models identify areas where simulated w , ?, flooding occurs ` rt 2-, 10-,25, 50-and 100-year storms .:�,.+_• ��. J to+Y u. • fi • Master plan evaluates simulated ! j flooding areas to determine impacts - � A1 • Multiple alternatives developed for each simulated flooding area to mitigate flooding Selection Criteria used to evaluate ....« ` =- alternatives to select preferred alternative 14 October 19, 2021 13 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Criteria Establishment was developed to prioritize projects: Criteria Establishment • Workshop held to develop analytic approach Virginia Beach Stormwater to prioritize projects Master Plan crkera o National Best Practice for Stormwater Master Technical Memorandum Plan Development J • Criteria developed across multiple City departments cM a Wpm Desch Mp•Nront al Pubic Warta o City Manager's Office HtarnwaaE Ergnsene Canker o Public Works—Stormwater Engineering Center, Stormwater Regulatory,Transportation, October 2019 Operations o Public Utilities .... o Planning o Economic Development """°"'` o Agriculture o Housing o Emergency Management 15 The Criteria Flow Chart is used to prioritize projects in one(1)of the three(3) tier groups: IIIIMIJAEDSOW 51MUkAl(U fL0f101114 APIAS E&FAj Criteria I Sr ma MIRO Flow h '1f.. 1f ( ( 1( 1 ( ( ( 1( 1l Chart ,hAl SFEfCtHNi Sf EEC1XN1 • PM&C1120A PNOJECI 4O$ PRO L1 OIL nArfMMAN,.111, i�enrc •blEM � Mr°nY 1HP I IEEp 11Es ����``I{{I��nn b October 19, 2021 14 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Here is the Linkhorn Bay Drainage Basin as an example of the Master Plan Development Analysis: Example Analysis e14.7 • ar • Linkhorn Bay Drainage Basin selected for case study c« + _'AlEir '� • Area circled in pink is _ �a�'i' 'ate} Seatack neighborhood ' ; yam . Modeling shows flooding begins i 4. during a 25-year storm event �`�+ �' .r. 64. • 2 alternatives evaluated to , ,_ 10101, mitigate flooding +' � , ' Additional storage n'\ New outfall pipe system The modeling system incorporates the project and provides a visual after improvements have been made: Seatack 100-year storm After Improvements Master Plan Results �-� October 19, 2021 15 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Seatack Master Plan Results 100-year Storm Before Improvements 100-year Storm After Improvements 1/ • Y Here is the Master Plan Schedule: Master Plan Schedule Linkhorn Bay Completed—October 2020 Upper West Neck Creek Estimated Completion— November 2021., Broad Bay/Atlantic Ocean Estimated Completion—April 2022 Little Creek/Lake Taylor Estimated Completion—May 2022 Dam Neck Estimated Completion—July 2022 Elizabeth River Estimated Completion—November 2022 Upper North Landing River Estimated Completion—January 2023 Western Lynnhaven River Estimated Completion—March 2023 Lower Southern Rivers Estimated Completion—April 2023 Thalia Creek Estimated Completion—May 2023 Eastern Lynnhaven River Estimated Completion—November 2023 London Bridge Creek Estimated Completion—December 2023 Wolfsnare Creek Estimated Completion—February 2024 20 October 19, 2021 16 CITY MANAGER'S BRIEFINGS STORMWATER MASTER PLAN UPDATE ITEM#72135 (Continued) Model Demonstration 2, Mayor Dyer expressed his appreciation to Mrs. Utterback and Mr. Bodnar for the presentation. October 19, 2021 17 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72136 3:08 P.M. Council Member Wooten advised she is planning the Ignite Pitch Competition to showcase the City's young adult entrepreneurs and provide an opportunity for them to share their ideas with others in the region. The event will be held on November 20, 2021,from 8:30 A.M. to 12:30 P.M., location information will be forthcoming. Mayor Dyer asked Council Member Berlucchi to share information about an entrepreneur who was recently recognized. Council Member Berlucchi advised Dr. Angela Reddix was honored yesterday at the Chrysler Museum where she received a variety of federal and state accolades for her work as an entrepreneur, leader and founder of the Envision Lead Grow(ELG)Program. Council Member Berlucchi advised the ELG Program is a nonprofit organization dedicated to promoting entrepreneurism and business leadership for young women. Council Member Berlucchi advised Mayor Alexander of Norfolk stated he had never seen anyone receive so many Proclamations and accolades at one time. Council Member Berlucchi advised the event was held in recognition of Dr. Reddix being named to Ebony Magazine's, Ebony Power 100 List under the category of Innovation Leader, expressing it was a historic moment he was proud to be part of Council Member Berlucchi expressed his appreciation to Mayor Dyer for presenting Dr. Reddix the Proclamation naming October 18, 2021 as Angela D. Reddix Day. Mayor Dyer expressed his appreciation to Council Member Berlucchi for hosting the event, stating it was a point of pride for the City. Mayor Dyer also applauded Council Member Wooten for her Ignite initiative to promote young entrepreneurs Council Member Henley advised a fundraising dinner will be held on October 30, 2021,from 12:00—5:00 P.M., at the Creeds Ruritan Community Complex. Council Member Henley advised tickets for the barbeque dinner are $20.00 with all proceeds going towards the restoration project for the historic Pleasant Ridge School. Council Member Henley advised the school has a lot of history, originally founded in 1886 and later served African American children until 1955, when the Seaboard Elementary School opened. Council Member Henley advised she was part of the school's restoration project thirty (30)years ago and when funds ran out,former Sheriff, Frank Drew, stepped up to finish the project and is how the partnership with the Sheriff's Department first began. October 19, 2021 18 CITY COUNCIL COMMENTS ITEM#72137 3:16 P.M. Council Member Moss advised the School Board is currently reviewing their regulations to determine what the boundaries are for their parking lot and requested once the School Board makes a final determination, the Body has a briefing to understand how to administer the changes. October 19, 2021 19 CITY COUNCIL COMMENTS ITEM#72138 (Continued) Council Member Moss reminded the Body of his request to have the January 1S` to June 30`n1 revenue information included in the five year forecast to compare the variance between recorded sales prices and the property tax assessment. October 19, 2021 20 CITY COUNCIL COMMENTS ITEM#72139 (Continued) Mayor Dyer advised he had discussions with Senators Kane and Warner, as well as and Congresswoman Luria, concerning the request for$20-Million to fund the Nimmo Parkway Project. Mayor Dyer advised there were environmental concerns raised that are being addressed and will provide further updates as he receives them. Mayor Dyer further advised the Senate is movingforward in their deliberations on providing $6-Million to fund Phase—III of the Centerville Parkway Project. October 19, 2021 21 AGENDA REVIEW SESSION ITEM#72140 3:20 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Bonnie Woodhouse Crane(50.15+/-acres) b. Issuance by the City of its contract obligation in the maximum principal amount of$561,680 c. TRANSFER fund to purchase U.S. Treasury Strips 2. Resolution to RATIFY Amendments to the Bylaws re Community Services Board(CSB) 3. Ordinance to AUTHORIZE acquisition ofproperty in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Sandbridge Road — Nimmo Parkway Phase VII-A Project, CIP 100356 4. Ordinance to AUTHORIZE acquisition of temporary and permanent easements, either by agreement or condemnation re Thalia Creek Greenway Phase 3 Project, CIP 100415 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Treasure Canal located at the rear of 2224 Windward Shore Drive re construct and maintain rip rap,boat lift,aluminum ramp, two wood piers and a floating wood dock 6. Ordinance to ACCEPT and APPROPRL4TE$1,256,276 from the State Compensation Board to the Sheriff's FY 2021-22 Operating budget re$3,000 bonuses to Deputies 7. Ordinance to ACCEPT$136,429,703 from the American Rescue Plan Act(ARPA) Coronavirus State and Local Fiscal Recovery Funds and APPROPRIATE$82,063,098 re Storm water,Parks and Recreation Infrastructure, and Facilities Capital Projects K ORDINANCES/RESOLUTION: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HOLCOMB WILL ABSTAIN ON ITEM#6 ITEM#7 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER BRANCH WILL ABSTAIN ON ITEM#7 October 19, 2021 22 AGENDA REVIEW SESSION ITEM#72140 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. MURPHY'S OF VIRGINL4 BEACH/STEPHEN YUEN YEE FAMILY, LLC for a Special Exception for Alternative Compliance re convert a portion of parking lot into permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6—BEACH 2. VIRGINL4 BEACH DEVELOPMENT AUTHORITY/VIRGINIA BEACH DEVELOPMENT AUTHORITY& FROB, LLC for a Modification of Proffers to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE(Deferred from September 21, 2021) 3. JTR,LLC/JTR,LLC/BAYLINER BUILDING,LLC&SHORE DRIVE AREA PROPERTIES for Street Closures of partially improved and unimproved portions of right-of-way known as Clipper Bay Drive (approximately 26,414 square feet) and Ocean Tides Drive (approximately 12,252 square feet)DISTRICT 4—BAYSIDE 4. MP SHORE DRIVE,LLC/JTR,LLC,BAYLINER BUILDING,LLC,SHORE DRIVE AREA PROPERTIES,LLC, & CITY OF VIRGINL4 BEACH for a Conditional Change of Zoningfrom PD-HI and B-2 Districts to Conditional B-4 Mixed Use and Conditional Use Permit re multi- family dwellings at 3829&3785 Shore Drive and adjacent parcels between Marlin Bay Drive and 3829 Shore Drive DISTRICT 4—BAYSIDE L.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS FILED A DISCLOSURE FOR ITEMS#3 AND#4 October 19, 2021 23 ITEM#72141 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Lynnhaven District • Beach&Princess Anne Districts LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Adams Outdoor Advertising v. City of Virginia Beach • City of Virginia Beach v. W. C. Capital,LLC PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Atlantic Park PERSONNEL MATTERS:Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies, Task Forces and Appointees • City Council Lynnhaven Seat October 19, 2021 24 ITEM#72141 (Continued) Upon motion by Council Member Tower, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 3:28 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson Closed Session 3:28 P.M. — 5:55 P.M. October 19, 2021 25 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL OCTOBER 19,2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, October 19, 2021, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson - Vacation INVOCATION: Pastor Tim Dryden New Covenant Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34M Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. October 19, 2021 26 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters ofwhich she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act(the `Act'), it is her practice to thoroughly review each City Council agenda to identifi)any matters in which she might have an actual or potential conflict. If,during her review of an agenda,she identifies a matter in which she has a `personal interest",as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. October 19, 2021 27 ITEM— VLE CERTIFICATION ITEM#72142 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 coal.A.B cy cCj I! t: \t ,1 5 0• 00, Ifl RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#72141 on Page 24 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. A 71aBa el!MMC City Clerk October 19, 2021 28 ITEM— VLF MINUTES ITEM#72143 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED the MINUTES of the SPECIAL SESSION of September 28, 2021 and the INFORMAL and FORMAL SESSIONS of October 5,2021 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 29 ITEM— VLG.la MAYOR'S PRESENTATIONS ITEM#72144 RESOLUTION IN RECOGNITION OF REBA MCCLANAN On behalf of Mayor Dyer, Council Member Jones welcomed Ann, Martin and Glenn McClanan, children of the Honorable Reba McClanan, and read the Resolution recognizing Mrs.McClanan's twenty-four(24) years of combined service, representing the Princess Anne District for fourteen (14)years and Rose Hall District for ten (10)years, as well as serving two (2)years as Vice Mayor. Mrs. McClanan was the first woman elected to serve on City Council and is fondly remembered for her dedication to the beautification of the City. On August 29, 2021, Mrs. McClanan passed away leaving a rich living legacy as a champion for maintaining greenspaces and flora as well as her decades of civic leadership and dedication. Glenn McClanan expressed his appreciation to City Council for honoring his mother and advising it is an honor for him and his siblings, who all traveled from out of state, to be here together. Mr. McClanan advised his mother never considered her service as work because she loved the City so much and was driven by the spirit of the community. October 19, 2021 oxNtA•BPgc 4`4 . yLi U t a 6 s °`OUR Now. RESOLUTION WHEREAS: Reba S.McClanan earned a bachelor's degree from Berea College and a master's degree from Virginia Tech;and WHEREAS: Reba taught school for several years before seeing the impact that a committed public servant could make when she was the first woman to run for office in the City of Virginia Beach;and WHEREAS:After being unsuccessful in her first attempt to serve on City Council,Reba built a base of support through civic engagement that led to her being the first woman elected in the City of Virginia Beach representing the former Princess Anne Borough from 1980—1992 and 1996-1998, the Rose Hall District from 1998—2008, as well as served 2 years as the Vice Mayor,a total of 24 years;and WHEREAS: Reba served as Past President of the Virginia Beach Council of Civic Organizations, Virginia Beach Friends of the Library and Friends of the Francis Land House; as chair of both the Hampton Roads Planning District Commission and the Southeastern Planning District Commission; and as a Virginia Beach court docent for 20 years;and WHEREAS: Reba's dedication to the beautification of our City is unsurpassed and her efforts include service as past president of the Virginia Beach Council of Garden Clubs and Virginia Urban Forest Council,founder of the Virginia Beach Clean Community Commission and on the Virginia Beach Beautification Commission;and WHEREAS: On December 9, 2008, the Fragrance Garden at Red Wing Park created in 1972 to provide a public garden for sight-impaired individuals with the plant materials selected for the fragrance of the foliage or blossom was renamed "The Reba S.McClanan Fragrance Garden";and WHEREAS: Reba's dedication and contribution to the community have been recognized through numerous awards including the Virginia Beach Human Rights Award, the Virginia Beach Council of Gardens Award of Distinction, the NAACP Image Award for Community Service, the "Most Valuable Person Award"from the Princess Anne Plaza Civic League and the Toastmasters District 66 Award for Leadership in Public Service; and WHEREAS: Reba was known as "the voice for the underdog"as she was resolute in her convictions that the city could both grow and do it with standards as her ideology was not partisan and was based on the idea of a more engaged and livable community. NOW THEREFORE,BE IT RESOLVED: On August 29,2021,Reba passed away leaving a rich living legacy as a champion for maintaining greenspaces and flora as well as her decades of civic leadership and dedication that is duly recognized and applauded;and NOW THEREFORE,BE IT FURTHER RESOLVED: That the City Council hereby honors the memory of Reba S.McClanan and extends condolences to her family,friends and loved ones. IN MEMORY OF REBA S. McCLANAN Adopted by the Council of the City of Virginia Beach, Virginia the 19th day of October, 2021 and present this Resolution duly signed by each Member of the Virginia Beach City Council with a copy spread upon the Minutes of this meeting. A. eiA,[0,...c" (-3/.....p 0. .....e___, .6641,,,,,c-i),). Council'limber.9ifichae(T Berfucchi Counci(Mem6erLinwoodO.Branch n CouncilMem6erBar6ara M.7f Isto� V`r , I ill Council her .`4Zpcky'7folcom6 CouncifMem6erLKuis Jones Ret ' outwit afemberJohn 0. oss �. --- 4 .,. JA1,4,.. .� , Council Member Aaron It cRpuse Council'atemfer Guy X'rower Council'Mem6erSa6rina D.Wooten Vice Mayor Sep ry GVifson Mayor R.p6ert Bob er �y 30 ITEM— VLG.lb MAYOR'S PRESENTATIONS ITEM#72145 RESOL UTIONINRECOGNITION OF DALE SNODGRASS This presentation has been postponed to November 9, 2021, at the family's request. October 19, 2021 31 ITEM— VL G.1 c MAYOR'S PRESENTATIONS ITEM#72146 RESOLUTION IN RECOGNITION OF THE KIRIT SHAH TEMPLE PREMIER LEAGUE On behalf of Mayor Dyer, Council Member Berlucchi welcomed Manan Shah and read the Resolution recognizing the game of Cricket and the Kirit Shah Temple Premier League(TPL),founded by Jenish Patel and Sanjay Patel,President of the Hampton Roads Cricket Organization. Members of TPL were recognized for their efforts to bring awareness of the game and develop community relationships with the players,fans, sponsors and the community at large. October 19, 2021 ,}T' : g . '' l fi X4'}(�3"`, `', Fin•.., ,,} a ;T ` ' G'T31A'aert k 2 � 5��'�`7J1� { ',- .,-,.....-.. .,„ 0-.,1A.kif -,.,417tM,,..-kie -„,....4C--,f.z ..0 0._ L 't.) ,$,,,74. ,241 ,Li.,:z.. 4z.,.,....-„4:,-,,.,;•,,,,kt, ..,..,---Z:1;17...7‘, ).''''- ".-.1 -:?:::1-1::.:4- t.R4- -,4- - u ''' ,c-- -.04. 'Cr„,.......- -..-q7.;. 5:::47.7.1-4W-41,4q-4&-.,..,--7.,!...,:;,.... {,- ry x',qp'-'t s y F ou.N�t,o �_ „,t! -*' o ert4fmr Y^ yam", _ • Y u, 4 ' RESOLUTION .- -� 4 . WHEREAS: Cricket is a bat-and-ball game played between two teams of eleven players on a field at the center of which is a 22-yard pitch with a wicket at each end,each comprising two bails balanced on three stumps. This game can be compared with the popular American game of baseball. The batting side scores runs by striking the ball bowled at the wicket with the bat(and running between the wickets), while the bowling and fielding side tries to prevent this(by preventing the ball from leaving the field, and getting the ball to either wicket)and dismiss each batter(so they are out);and WHEREAS: Currently the growing Cricket market in the United States consists of approximately 30- Million fans. The sport is followed primarily in the Indian subcontinent,New Zealand, Australasia,the United Kingdom,southern Africa and the West Indies;and WHEREAS: Hampton Roads Cricket Organization (HRCO) is an amateur cricket club located in Chesapeake operating under the Hindu Temple of Hampton Roads. Under this club,two teams TWCC and TACC participate in Mid-Atlantic Cricket Conference(MACC)as well as other local tournaments in the area;and WHEREAS: Kirit Shah Temple Premier League(TPL)is a professional T20 Cricket league founded by HRCO in 2021. Inspired by world's Biggest T20 Cricket Tournament, the Indian Premier League.HRCO President Sanjay Patel and TPL Founder Jenish Patel brainstormed this idea after i Tidewater Cricket Club (TWCC)won the Mid-Atlantic Cricket Conference(MACC) Championship in 2019. The inaugural season has 5 teams participating and supported by more than 20 vendors;and WHEREAS: The TPL will continue to increase the awareness of the game of Cricket in the Hampton Roads area.The fast-paced tournament matches,with the high-quality level of the players,in each of the 5 teams are aimed to offer an exciting morning or afternoon to the spectators in hopes to market and 1.0 attract visitors to these games and bring awareness to the game of cricket;and WHEREAS: The future of TPL looks bright with plans to host charity games/tournaments and thereby At promote sports activities and community service. The long-term intent of the League is to see that the , community at large will be benefited both in terms of financial support for the regional sports chapters, and to provide quality tournaments and entertain the crowd with the exciting game of cricket. :r,; NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize The Kirit Shah Temple Premier League(TPL)for their efforts to grow the game of Cricket while developing community relationships with the players, fans, sponsors and the community at large. -*Tit Adopted by the Council of the City of Virginia Beach, Virginia the 19th day of October, 2021 and present this Resolution duly signed by each Member of the Virginia Beach City Council with a copy is spread upon the Minutes o •s meeting. A. scV____:_co. A_ .(_ Zakioc...Th. Council'Yember911ichaeflE.Berfuccfii Councif91fem6er Linwood'O.Branch Council 9Kem6erBar6ara9K. enley i j j .0 '-go,; a,, x4z‘_, Council-Mem6erN. cky°7fofcom6 Cou " 9Kem6er uis c;Jones Co T WernherJohn El.91oss ' ei ... ..............--, ,A i 045. Council'9Kem6erAaron`R•.cpuse Council-9Kem6erGuy?(,Tower Council'9Hem6erSabrtna a)./Wooten 441.,A4—eGt..1,01141. Nice Mayor Rg. mary`Wilson Mayor Rp 94. Bo "(Dyer 32 ADD ON MAYOR'S PRESENTATIONS ITEM#72147 PROCLAMATION DECLARING OCTOBER 15,2021 AS WHITE CANE AWARENESS DAY Mayor Dyer advised he was unable to present, "PROCLAMATION DECLARING OCTOBER 15, 2021 AS WHITE CANE AWARENESS DAY",on October 15th but wanted to read it for the record to bring awareness to the "white cane", which symbolizes the ability of blind citizens to achieve a full and independent life and the capacity to work productively in competitive employment. Mayor Dyer called upon schools, colleges and universities to offer full opportunities for training blind persons; upon employers and the public to utilize the available skills of competent blind persons and to open new opportunities for the blind in our rapidly changing society; and upon all citizens to recognize the white cane as a tool of independence for blind pedestrians on our streets and highways. October 19, 2021 • 1 gb err ' .* Ws 'C '`,Y �' .y j,e a �} �� ' ' il) tirtItititl:''' s '" 141' ., 'Whereas The white cane; which every 66 ,. , of our state and city has the right toy carry, demonstrates and sym6ofizeethe a6ifity to.achieve a.full and independent ' fife and the ca ;to alieompetitive employment, and '• •) h' u�ork,prvdttctev�ely , Ae; , r 'Whereas 'The white cane, 6find freely to move and sa, -' x to lace, it ssi6le- the 6find to participate: cons` , < :� placep �►� � � '' y� p �. to our society and to five the fives lair:ic+ant,and t" Whereas: Every citizen"should 6e aware that the law requires that motorists and e?Cercise appropriate caution when approaching a.6find person carrying;a state cane,-and • i fe Whereas 'Virginia law also calls upon emp(oje4S,:Loth pu6fu and private, to 6e aware of and utilize the employment skirls'of our 6find citizens 6y recognizing their worth as individuals and their proirsaive capacities;and Whereas The State of,Virginia, through its pu6fc agencies and with the cooperative assistance of the Chesapeake Bay chapter of the National Federation of.the Band,,. .. of Virginia, can and should facihitate the ecnansion of employment opportunities • for am(greater a R.tancce.if hind persons in the competitive la6or market, , Now, ?ferefot� I, cg6ert 9Vt:;Tfyer,• Mayor the City of Virginia B ' ' ;Virginia,'do fiere6y ., '" Proclaim: "I. • l f Octo6er 15;2021 ti White Cane Awareness4Day In Virginia Beach, I calf upon our schools, colleges, and universities to offerfultopportunities for training to 6lind persons; upon employers and the pu6fic to utilize the availa6le skills of competent blind persons and to open new opportunities for the 6Cind in our rapidly changing society; and upon all citizens to recognize the white cane as a tool of independence for blind pedestrians on our streets and highways. In Witness Whereof I have hereunto set my hand and caused'the Official Seal of the City of Virginia Beach, Virginia, to 6e affixed this'Fieenth day of October, Two Thousand Twenty- One. ,` • / r 1 C ' Ro6ert 9bt. "Bo66y"Dyer `` `` 9Kayor 33 ITEM— VI.H.1 PUBLIC COMMENT ITEM#72148 Mayor Dyer DECLARED a PUBLIC COMMENT: 2022 PROPOSED LEGISLATIVE AGENDA The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION LaTasha Holloway, 826 Tuition Way, Phone: 348-0456, spoke in SUPPORT of term limits for Council Members Brock Beckstedt 349 East Chickasaw Road, Phone: 985-0281, spoke in SUPPORT of prohibiting City Employees from serving on City Council Dorothy Patterson, 824 24`h Street, Phone: 422-3337, spoke in SUPPORT of term limits for Council Members and prohibiting City Employees from serving on City Council There being no additional speakers,Mayor Dyer CLOSED the PUBLIC COMMENT October 19, 2021 34 ITEM— VLI.1 PUBLIC HEARING ITEM#72149 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION OF AGRICULTURAL LAND PRESERVATION(ARP)EASEMENT Installment Purchase Agreement for 50.15 +/-acres at 1808 Nanneys Creek Road The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION LaTasha Holloway, 826 Tuition Way, Phone: 348-0456, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 19, 2021 35 ITEM— VL1 FORMAL SESSION AGENDA ITEM#72150 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three(3) minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on Ordinances/Resolution K: 1 a/b/c, 3, 4 and 5 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council APPROVED, BY CONSENT,Agenda Items K:la/b/c,3, 4 and 5 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson K ORDINANCES/RESOLUTION: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HOLCOMB WILL ABSTAIN ON ITEM#6 ITEM#7 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER BRANCH WILL ABSTAIN ON ITEM#7 L.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS FILED A DISCLOSURE FOR ITEMS#3 AND#4 October 19, 2021 36 ITEM— VLK.1a/b/c ORDINANCES/RESOLUTION ITEM#72151 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Bonnie Woodhouse Crane(50.15+/-acres) b. Issuance by the City of its contract obligation in the maximum principal amount of$561,680 c. TRANSFER fund to purchase U.S. Treasury Strips Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM BONNIE WOODHOUSE CRANE 4 (50.15+/- ACRES), 2)THE ISSUANCE BY THE CITY OF 5 ITS CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $561,680, AND 3)TRANSFER 7 OF FUNDS TO PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $561,680; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 1.442% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 3.442% unless the approval of the City Council by 39 resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $328,639.63 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 19 t h day of 72 October , 2021. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: /Ai i 2"------ _,11_ --- Agriculture Department Budget and Management Services CE TIFIED AS T AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF UND . — az-- - 6f- Director of Finance City t me 's Office CA15412 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d001\p035\00755186.doc R-1 October 6, 2021 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2020-161 SUMMARY OF TERMS SELLER: Bonnie Woodhouse Crane PROPERTY LOCATION: 1808 Nanneys Creek Road GPIN: 2410-27-1930 PURCHASE PRICE: $561,680 EASEMENT AREA: 50.15 acres,more or less DEVELOPMENT POTENTIAL: 5 single-family dwelling sites(0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 1.442% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 3.442%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. 37 ITEM— VI.K.2 ORDINANCES/RESOLUTION ITEM#72152 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Brock Beckstedt 349 East Chickasaw Road, Phone: 985-0281, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADOPTED Resolution to RATIFY Amendments to the Bylaws re Community Services Board(CSB) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 1 A RESOLUTION TO RATIFY RECENT AMENDMENTS TO 2 THE BYLAWS OF THE COMMUNITY SERVICES BOARD 3 4 WHEREAS, the Community Services Board recently completed a review of its 5 bylaws; 6 7 WHEREAS, after considering the proposed changes, during its September 8 30,2021 meeting, the Board approved several amendments to its bylaws; 9 10 WHEREAS, the Board's bylaws provide that amendments to the bylaws must be 11 reviewed and ratified by the City Council; and 12 13 WHEREAS, the City Council has reviewed the recommended amendments to the 14 bylaws of the Community Services Board and finds them to be acceptable. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby ratifies the amendments to the bylaws of the 20 Community Services Board, as approved by the Board, and attached hereto as Exhibit 21 "A". Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th, day of October , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Human Services City Attorney's Office CA15553 R-2 October 7, 2021 Adopted September 6, 2016 Revised:September 30, 2021 EXHIBIT A Y- LAWS Virginia Beach Community Services Board ARTICLE I - NAME The name of this Board shall be the Virginia Beach Community Services Board, hereinafter referred to as the"Board." ARTICLE II -FURPOSE The purpose of this Board shall be to act as an administrative policy community services board and as the agent of the City of Virginia Beach, Virginia in the establishment and operation of community mental health, developmental, and substance abuse services as provided for in Title 37.2 of the Code of Virginia. The Board shall serve as the single point of entry into publicly funded mental health, developmental, and substance abuse services in Virginia Beach. ARTICLE III - MEMBERSHIP AND TRAINING Section 1. The membership of the Board shall consist of no less than six and no more than eighteen members appointed by the City Council of the City of Virginia Beach, Virginia, hereinafter referred to as the "City Council." Prior to making appointments, City Council will disclose the names of those persons being considered for appointment. The membership will be as broadly representative of the community. One-third of the appointments to the Board shall be individuals who are receiving or who have received services or family members of individuals who are receiving or who have received services, at least one of whom shall be an individual receiving services. No employee of the Board or employee or board member of an organization that receives funding from any community services board may be appointed a member of the Board. Members will be appointed in accordance with Virginia Code § 37.2-501. Section 2. The term of membership will be for three years from January 1 of the year of appointment. No person will be eligible to serve more than three full terms; however, a person first appointed to fill an unexpired term may serve three additional full three-year terms. However, after a one-year period has elapsed since the end of the member's last three-year term, the City Council may reappoint that member. Section 3. Board member vacancies will be filled for unexpired terms in the same manner as original appointments. Section 4. Any Board member may be removed by City Council for cause after being given a written statement of the causes and an opportunity to be heard thereon. Section 5. Board members will receive training on their legal, fiduciary, regulatory, policy, and programmatic powers and responsibilities and an overview of the Performance Contract within one month of their appointment. Upon request, new board members will be assigned to an 1 Adopted September 6, 2016 Revised:September 30, 2021 experienced board member to serve as a mentor. ARTICLE IV - POWERS AND DUTIES The Board, as an administrative policy board and agent, of the City of Virginia Beach, shall be subject to the laws and regulations relating to City agencies and shall have the general powers, duties and responsibilities of a Board as outlined in Virginia Code § 37.2-504. 1. Review and evaluate public and private community mental health, developmental, and substance abuse services and facilities that receive funds from it and advise the City Council as to its findings. 2. Pursuant to Virginia Code § 37.2-508, submit to the City Council a performance contract for community mental health, developmental, and substance abuse services for its approval prior to submission of the contract to the Department of Behavioral Health and Developmental Services (hereinafter referred to as the "DBHDS"). 3. Within amounts appropriated for this purpose, provide mental health, substance abuse and developmental services authorized under the performance contract. 4. In accordance with its approved performance contract, enter into contracts with other providers for the delivery of services or operations of facilities. 5. Make policies or regulations concerning the delivery of services and operation of facilities under its direction or supervision, subject to applicable policies and regulations adopted by the Board. 6. Participate with the City in the appointment and annual performance evaluation of an executive director of community mental health, developmental, and substance abuse services who meets the minimum qualifications established by the DBHDS, and prescribe the director's duties. The compensation of the executive director shall be fixed by the City Council in consultation with the Board within the amounts made available by appropriation for this purpose. 7. Prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the Board and establish procedures for the collection of those fees. All fees collected shall be included in the performance contract submitted to the City Council and shall be used only for community mental health, developmental, and substance abuse services purposes. The Board shall institute a reimbursement system to maximize the collection of fees from individuals receiving services under its jurisdiction or supervision, consistent with the provisions of Virginia Code § 37.2-511, and from responsible third party payors. The Board shall not attempt to bill or collect fees for time spent participating in commitment hearings for involuntary admissions pursuant to Article 5 (Section 37.2-814 et seq.) of Chapter 8 of the Code of Virginia. 2 Adopted September 6, 2016 Revised:September 30, 2021 8. Accept or refuse gifts, donations, bequests, or grants of money or property from any source as allowed by City Policy and as authorized by the City Council. 9. Seek and accept funds through federal grants. In accepting federal grants, the Board shall not bind the City Council to any expenditures or conditions of acceptance without the prior approval of the City Council. 10. Notwithstanding any provision of law to the contrary, disburse funds appropriated to it in accordance with such regulations as may be established by the City Council. 11.Apply for and accept loans as authorized by the City Council. 12. Develop joint written agreements, consistent with adopted by the Board, with local school divisions; health departments; boards of social services; housing agencies, where they exist; courts, sheriffs; area agencies on aging; and regional offices of the Department for Aging and Rehabilitative Services. The agreements shall specify the services to be provided to individuals. All participating agencies shall develop and implement the agreements and shall review the agreements annually. 13. Develop and submit to the DBHDS the necessary information for the preparation of the Comprehensive State Plan for Behavioral Health and Developmental Services pursuant to Virginia Code § 37.2-315. 14.Take all necessary and appropriate actions to maximize the involvement and participation of individuals receiving services and family members of individuals receiving services in policy formulation and services planning, delivery, and evaluation. 15. Institute, singly or in combination with other community services boards or behavioral health authorities, a dispute resolution mechanism that is approved by the DBHDS and enables individuals receiving services and family members of individuals receiving services to resolve concerns, issues, or disagreements about services without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the Board. 16. Notwithstanding the provisions of Virginia Code § 37.2-400 or any regulations adopted thereunder, release data and information about each individual receiving services to the DBHDS so long as the DBHDS implements procedures to protect the confidentiality of that data and information. 17. Carry out other duties and responsibilities as assigned by the City Council. 18. Comply with all applicable laws and regulations, including but not limited to the 3 Adopted September 6, 2016 Revised. September 30, 2021 Virginia Freedom of Information Act and the Virginia State and Local Government Conflict of Interests Act. ARTICLE V- APPROVAL OF PROPOSED PERFORMANCE CONTRACT FOR MENTAL HEALTH, DEVELOPMENTAL AND SUBSTANCE ABUSE SERVICES Pursuant to Virginia Code § 37.2-508, the Board may apply for State assistance by submitting annually to the DBHDS the City's proposed performance contract for the next fiscal year once the performance contract has been (1) approved by the Board and (2) approved by a vote of the City Council. The Board shall make the proposed performance contract available for public review and solicit public comment for a period of 30 days prior to the Board's approval and subsequent submission to the City Council for approval. ARTICLE VI - OFFICERS OF THE BOARD AND THEIR DUTIES Section 1. The officers of the Board shall consist of a Chair, Vice-Chair, and Secretary. Section 2. The duties of the Chair shall be: (a) To preside at all meetings of the full Board and Executive Committee. (b) To establish ad hoc committees and appoint members and name chairs to all committees (excluding the Nominating Committee), as deemed necessary for the operation of the Board. (c) To work closely with the Executive Director of the Community Services Board and the City Manager. (d) To perform any other duties determined by the Board in furtherance of Community Services. (e) To ensure that all federal, state and local governments are informed as to the activities of the Board as requested and appropriate. (f) To collaborate with the Executive Director or his/her staff to ensure all meeting minutes are disseminated to Board members and there is Board compliance with the Virginia Freedom of Information Act. (g) To be responsible for the integrity of the Board's process and make decisions about Board process and delegation as provided by these By-Laws. (h) To be responsible for implementation of City Code § 2-3.1(a) of the City of Virginia Beach as it relates to Board member attendance requirements. (i) To serve as ex-officio member of all committees, except the Executive Committee and the Nominating Committee. The Chair shall have no authority over the committees in which the Chair is attending as an ex officio member. 4 Adopted September 6, 2016 Revised:September 30, 2021 Section 3. The Vice-Chair shall, in the absence of the Chair, perform the duties of the Chair and any other duties assigned by the Board orthe Chair. Section 4. The duties of the Secretary shall be: (a) To ensure the accuracy, integrity and maintenance of Board documents including records of all meetings of the Board and Executive Committee and a copy of the Board's By-laws, policy manual, and new Board member orientation notebook. (b) To (1) ensure that any closed meeting is held in accordance with the Virginia Freedom of Information Act, including the requirements for a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting, and (iii) makes specific reference to the applicable exemption from open meeting requirements provided in Virginia Code §§ 2.2-3707 or - 3711(A); and (2) ensure that at the conclusion of any closed meeting, the Board immediately reconvenes in an open meeting and takes a roll call or other recorded vote to be included in the Board's minutes certifying that to the best of each Board member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements under the Act and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered during the closed meeting. (c) To perform duties of the Chair in the absence of the Chair and the Vice-Chair. ARTICLE VII - OFFICER NOMINATIONS. ELECTIONS. TERMS OF OFFICE. VACANCIES AND REMOVAL Section 1. A Nominating Committee in accordance with Article IX, Section 2, shall recommend a slate of officers at the Board's meeting one month prior to its election month. Other nominations shall be accepted from any Board member at the time the slate is presented. Section 2. The Board shall elect its officers at the November or December Board meeting, whichever month is the Board's last meeting of the calendar year. A quorum must be present for voting and a vote of two-thirds of members present is required to elect an officer. Section 3. The term of office shall be for one year commencing on the first day of the calendar year or until a successor is elected. No officer may serve more than three consecutive terms in the same office The Board may suspend this provision of the by- laws and extend an officer's term upon an affirmative vote of two-thirds of its members to take this action. Section 4. Any vacancy occurring in the officers of the Board, regardless of the cause, shall be filled by the Board within 60 days of the vacancy. A quorum must be present for voting and a vote of two-thirds of members present is required. Duration of such appointments shall be limited to the unexpired term of office. Section 5. Officers shall serve at the pleasure of the Board and may be removed after prior notice by a vote of two-thirds of members present at any regular meeting of the Board. An officer may resign at any time by giving written notice to the Board or the Board 5 Adopted September 6, 2016 Revised: September 30, 2021 Chair. Any such resignation shall take effect on the date of the receipt of such notice or at any later time as specified in the note. ARTICLE VIII -MEETINGS AND ATTENDANCE Section 1. The Board shall adopt an annual meeting schedule that reflects, at a minimum, the frequency of meetings required by the Performance Contract. Board meetings shall be held at a time and place determined by the Board and pursuant to the requirements of the Virginia Freedom of Information Act. The Board may vote to cancel a scheduled meeting, or the Board's Chair, in consultation with the Executive Director or designee, may cancel a scheduled meeting. Public notice will be given of the cancellation of any Board meeting. Section 2. Special meetings of the Board may be called by the Chair or upon written request of three members. Section 3. The quorum for all Board meetings shall be the majority of the total appointed Board members. Section 4. As required by City Code § 2-3.1, no Board member shall accumulate an annual total of more than three absences or be absent from more than one-fourth of the total number of meetings held within a given calendar year, for reasons other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control. Additionally, if a member knows in advance that he or she is unable to attend a meeting for any reason, the member should promptly inform the Chair or the appropriate City staff member, so the Chair can determine in advance if a quorum will be present. Section 5. As permitted by Virginia Code § 2.2-3708.2 or its successor provision, and as adopted in CSB Policy for Remote Participation by Members in CSB Meetings, allow CSB members to ioin meetings from a remote location within the stipulated parameters. ARTICLE DC-COMMITTEES Section 1. There shall be a standing Executive Committee composed of the Board's three officers. In addition, the Board's chair, in accordance with Article VI, Section 2-6 b, may appoint to the Executive Committee an at-large member providing the Board is notified of the appointment. The duties of the Executive Committee include but are not limited to the following: (a) Establish Board agenda; (b) Act on the Board's behalf when directed to do so by the Board; (c) Provide meeting notes and any recommendations of the Committee to the Board; (d) Prepare in collaboration with staff and with review and approval by Board members, Board policies that comply with the Performance Contract; (e) Plan for and participate in the orientation of new Board members; and 6 Adopted September 6, 2016 Revised:September 30, 2021 (f) Identify, in collaboration with staff, Board member educational and training topics. Section 2. A Nominating Committee shall be constituted annually for the purpose of nominating a slate of officers. The Committee shall consist of at least three members and shall be appointed by a vote of the Board two months prior to the Board's annual election of officers. The Committee's slate of officers shall be presented to the Board one month prior to the Board's annual election of officers. Section 3. The Board's chair in accordance with Article VI, Section 2-6, may appoint ad hoc Board committees and prescribe the term, powers, and duties of ad hoc committees as may be necessary or useful in the conduct of the business of the Board. The Chair of an ad hoc committee shall be responsible for providing to the Board notes from committee meetings and ensuring compliance with the Freedom of Information Act. Ad hoc committees should report back to the full Board. ARTICLE X - OPERATING PROCEDURES The Board, in carrying out its powers and duties in accordance with Article IV of these By- Laws, shall utilize the following operating procedures: (a) All employees of directly operated programs shall be subject to the personnel policies and procedures of the City of Virginia Beach. Additionally, the Board hereby adopts the City of Virginia Beach's grievance procedure. (b) Pursuant to Virginia Code § 37.2 — 501, legal services to the Board shall be provided by the City Attorney's Office. (c) The City Treasurer shall receive those funds designated to the Board. (d) The City of Virginia Beach Director of Finance shall serve as the Board's fiscal agent. The City of Virginia Beach shall receive an independent annual audit of the total revenues and expenditures of the Board, a copy of which shall be provided to the DBHDS. (e) The Board shall comply with the City of Virginia Beach policies and procedures for purchasing equipment and supplies. (f) The Board may, following review by the City of Virginia Beach Director of Finance as to availability of funds and the City Attorney as to appropriate legal form, enter into such agreements and contracts as are necessary to carry out its approved programs. (g) The Board may revise its budget categories to meet program needs as provided in the budget ordinances of the City of Virginia Beach. When a budget revision is necessary, the Board Executive Director shall submit the request in writing to the City Finance Department prior to Board consideration of the proposed change. The Finance Department will review the request for conformance to the City's fiscal rules, regulations and budget ordinances and will notify the Executive Director that the request is in compliance with these rules and regulations or, if 7 Adopted September 6, 2016 Revised: September 30, 2021 not, why not and what procedures need to be followed to achieve compliance. (h) The Board shall be authorized to allocate all agency revenues in accordance with DBHDS guidelines and in compliance with the policies of the City of Virginia Beach. ARTICLE XI - ROBERTS RULES OF ORDER Roberts Rules of Order, Newly Revised, shall govern the conduct of all Board proceedings unless inconsistent with these By-Laws, in which case these By-Laws shall govern. ARTICLE XII - PREVAILING AUTHORITY In the event of any conflict between any provision of these by-laws and any provision of state lay of City ordinance, the provision of state law or the City ordinance (in that order of precedence) shall supersede such by-laws provisions. Additionally, if any Virginia Code or City Code section cited herein is amended subsequent to the approval of these by-laws, references to those code sections shall be interpreted to be references to the most recently amended version of those code sections. ARTICLE XIII — BY- LAWS The By-Laws may be amended at any regular meeting of the Board by two-thirds vote of the membership, notice having been submitted to each Board member in writing two weeks prior to the meeting. Such amendments shall then be reviewed and ratified by the City Council. 8 38 ITEM— VLIC 3 ORDINANCES/RESOLUTION ITEM#72153 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition of property in fee simple and acquisition of temporary and permanent easements, either by agreement or condemnation re Sandbridge Road—Nimmo Parkway Phase VII-A Project, CIP 100356 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. `Rocky" Holcomb, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE SANDBRIDGE 4 ROAD — NIMMO PARKWAY PHASE VII-A 5 PROJECT, CIP 100356 (formerly CIP 2-078), 6 AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS, BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation of 13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 14 people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1 . That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901 , et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements (the "Property"), as shown on the 23 plans entitled "SANDBRIDGE ROAD — NIMMO PARKWAY PHASE VII-A" (the "Project"), 24 and more specifically described on the acquisition plats for the Project (plats and plans 25 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 26 Department of Public Works, City of Virginia Beach, Virginia. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be made 29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 30 offer to the owners or persons having an interest in said Property. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day of 35 October , 2021 . CA-15394 PREPARED: 9/7/21 R-1 c:\users\ccva ug ha n\a ppdata\loca I\m icrosoft\windows\i netcac he\conte nt.outl ook\wy5jm m u 7\00742995.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY h cl&a4i IG NATU CITY ATTORNEY PIA/ Rcai 34 . DEPARTMENT 39 ITEM— VLK.4 ORDINANCES/RESOLUTION ITEM#72154 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition of temporary and permanent easements, either by agreement or condemnation re Thalia Creek Greenway Phase 3 Project, CIP 100415 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE THALIA 4 CREEK GREENWAY PHASE 3 PROJECT, CIP 5 100415 (formerly CIP 4-079), BY AGREEMENT 6 OR CONDEMNATION 7 8 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists for the construction of this important public project to extend the 10 Thalia Creek Greenway, a multi-modal public boardwalk and path; to provide safer 11 alternative transportation options within the City; to improve public access to Thalia Creek's 12 natural areas; to improve bikeways and trails connectivity; and for related public purposes 13 for the preservation of the safety, health, peace, good order, comfort, convenience, and for 14 the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seg. and Title 25.1 of the Code of 21 Virginia of 1950, as amended, of all those certain temporary and permanent easements 22 (the"Easements"), as shown on the plans entitled "THALIA CREEK GREENWAY PHASE 23 3" (the "Project"), and more specifically described on the acquisition plats for the Project 24 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Parks 25 and Recreation Administration Building, 2154 Landstown Rd., City of Virginia Beach, 26 Virginia 23456. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be made 29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 30 offer to the owners or persons having an interest in said Easements. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Easements. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day of 35 October , 2021. CA15384 PREPARED: 9/23/21 R-1 \\vbg ov.com\dfs 1\applications\city law\cycom32\wpdocs\d014\p039\00733796.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 3_4,v SIGNAT RE CITY, TTd 1)ekti K t Pee tkTtot DEPARTMENT 40 ITEM— VLK.5 ORDINANCES/RESOLUTION ITEM#72155 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Treasure Canal located at the rear of 2224 Windward Shore Drive re construct and maintain rip rap, boat lift, aluminum ramp,two wood piers and a floating wood dock Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2224 WINDWARD SHORE DRIVE 9 10 WHEREAS, Norbert Wilson and Evelyn Wilson (the "Wilsons") have 11 requested permission to construct and maintain 573 sq. ft. of rip rap, a 12' x 12' boat lift, 4' 12 x 12' aluminum ramp, two wood piers (5' x 31' and 5' x 25'), and 8' x 12' floating wood dock 13 (the "Encroachments") within the City's property known as Treasure Canal, located at the 14 rear of their property at 2224 Windward Shore Drive (GPIN: 2409-19-3201); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, That pursuant to the authority 25 and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 26 as amended, the Wilsons, their heirs, assigns and successors in title are authorized to 27 construct and maintain the Encroachments within the City's property as shown on the map 28 entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP, 29 BOAT LIFT, ALUMINUM RAMP, WOOD PIER AND FLOATING DOCK FOR NORBERT& 30 EVELYN WILSON LOCATED ON LOT 60, SECTION 1, BAY ISLAND M.B. 45, P. 37, 37A 31 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated January 15, 32 2021, and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto 33 as Exhibit A, and on file in the Department of Public Works and to which reference is made 34 for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions and criteria contained in the agreement between the City of 38 Virginia Beach and the Wilsons (the "Agreement"), an unexecuted copy of which has been 39 presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Wilsons and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h 50 day of October , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: '‘,. . 1)\ corieh-i I - iv,— UBL WORKS REAL ESTA {rrbANA H RMEYER SENI CITY ATTORN Y CA15212 R-1 Prepared: 08/20/2021 c:lusers\ccva ug hanlappd atav ocal\microsofttwindowsli netca chelcontent.outlook\wy5jmmu7100746457.doc TREASURE CANAL SEE SHEET 2 NOTES: NOW OR FORMERLY FOR DETAIL 1. THIS PLAN WAS PERFORMED CITY OF VIRGINIA BEACH WITHOUT THE BENEFIT OF A M.B. 45 P. 37, 37A " TITLE REPORT. OVERALL AREA OF S 66'55'53 E (PLAT) 2. THIS EXHIBIT IS INTENDED ENCROACHMENT 21.3' 75.6' 92.31' (PLAT) FOR AN ENCROACHMENT �_ r -L�- - _� 7 51 S 67'24'14" E (CALC.) REQUEST ONLY. j� 6.6' 94.92' (CALL.) EDGE OF WATER «� • —iiiii :�• : :'?,» �::�!!yi-�iYAuu!�:■y�7�.v5:)jtii%.41, EXISTING j�, TIMBER •'• -�" BULKHEAD _,-..fits. o U10 , cr is J v -0 N PIN(F) rr1 LA 9 EXISTING Q FRAME SHED NOW OR FORMERLY NORBERT & EVELYN WILSON Z I.N. 20200630000565440 w LOT 60, SECTION 1 Z NOW OR FORMERLY NOW OR FORMERLY BAY ISLAND 'o BRENTON RODGERS & JUSTIN WHEELER & N M.B. 45 P. 37, 37A , ASHLEY NICHOLE OSGOOD MARCIA WHEELER m GPIN: 2409-19-3201 o I.N. 20110721000735000 I.N. 20120910001031900 s LOT 61, SECTION 1 LOT 59, SECTION 1 N 9ORCN IA ---,soli GF� m BAY ISLAND BAY ISLAND N o M.B. 45 P. 37, 37A M.B. 45 P. 37, 37A o Y �,, GPIN: 2409-19-3199 GPIN: 2409-19-2203 ..o - NO&�RP.1 Q O gFt1#2224 w �4v,ALTIi O • �i PORGH - O O r v 11 .� N STEP 'art,: .. U �D Y • �'i 3 DA W. UTLER m :': �` c.No. 3813595 21 w� 5 • m• PIN(F) 0•P 1 + PIN(F) 2p10 g3 1VE SS1ONAL V'' R D SHARE DR 765 A,CIRCLE W 11\1DV�1 AR g h5 P i 31 A COMP AS EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP, BOAT LIFT, ALUMINUM RAMP, WOOD 0 40 80 PIER AND FLOATING WOOD DOCK FOR NORBERT & EVELYN WILSON GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 60, SECTION 1, BAY ISLAND 323 FIRST COLONIAL ROAD M.B. 45, PG. 37, 37A VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: JANUARY 15, 2021 I Sheet: 1 of 2 W:\Wilson,Bert-2224 Windward Shore Drive\Encroachment Exhibit\20-72 Encroachment.dwg,9/20/2021 11:52:25 AM NOTES: 1. ALL FRAMING LUMBER SHALL BE SYP SALT TREATED WITH A MINIMUM RETENTION OF 0.80 LBS. PER CUBIC FOOT. 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. 3. ALL PIER AND LIFT PILES SHALL BE SYP SALT TREATED WITH A MINIMUM RETENTION OF 2.5 LBS. PER CUBIC FOOT. TREASURE CANAL NOW OR FORMERLY PROPOSED 4'x12' CITY OF VIRGINIA BEACH ALUMINUM RAMP �m M.B. 45 P. 37, 37A PROPOSED s PROPOSED 5'x25'WOOD PIER 8'x12' FLOATING 'O PROPOSED 12'x12' BOAT LIFT WOOD DOCK "_.1 OVERALL AREA OF 75.6' — t— — — — 1 " ENCROACHMENT _ — — — EDGEIOF WATER 9 PROPOSED 5'x31' ry N `a�►�? WOOD PIER • I 00 N — .��--•�'11!♦� —.fib °' : tili - 1 .. eiiYi�� .,•a lit .1 1 itillWAMAdi ;11111/0.14. •g.,-41LIV•14,11,e,...,1:11i t ; S 66'55'53" E (PLAT)i 92.31' (PLAT) 2 S 67'24'14" E (CALC.) 94.92' (CALC.) a _ �1�i! PROPOSED VDOT ow •,—�'� i�� CLASS 1A RIP-RAP 71 k� EXISTING (573 S.F.) NOW OR FORMERLY TIMBER BRENTON RODGERS & m BULKHEAD ASHLEY NICHOLE OSGOOD NOW OR FORMERLY PIN(F) I.N. 20110721000735000 JUSTIN WHEELER & M LOT 61, SECTION 1 MARCIA WHEELER BAY ISLAND I.N. 20120910001031900 M.B. 45 P. 37, 37A LOT 59, SECTION 1 Z No GPIN: 2409-19-3199 N BAY ISLAND -> o n M.B. 45 P. 37, 37A w o NOW OR FORMERLY GPIN: 2409-19-2203 NORBERT & EVELYN WILSON (.P. EXISTING `W' FRAME I.N. 20200630000565440 �0 m SHED LOT 60, SECTION 1 BAY ISLAND ,J M.B. 45 P. 37, 37A �Ns,Ep,LTII OF GPIN: 2409-19-3201 O G1 G- 0 20 40 O u DABVTLER `Ic.No. 38395 EXHIBIT A 5 -21 4' ENCROACHMENT EXHIBIT SHOWING PROPOSED 04, 1-- 4' RIP RAP, BOAT LIFT, ALUMINUM RAMP, WOOD 4s`sIONAL E�G‘ PIER AND FLOATING WOOD DOCK FOR NORBERT & EVELYN WILSON GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 60, SECTION 1, BAY ISLAND 323 FIRST COLONIAL ROAD M.B. 45, PG. 37, 37A VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: JANUARY 15, 2021 I Sheet: 2 of 2 W:\Wilson,Bert-2224 Windward Shore Drive\Encroachment Exhibit\20-72 Encroachment dwg,9/20/2021 11:52:27 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this Q 1i day of v L/ , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NORBERT WILSON and EVELYN WILSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee" even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "60" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT", dated February, 1958, having a Scale of 1" = 100', and prepared by Frank D. Tarrall, Jr. and Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37 and 37A, and being further designated, known, and described as 2224 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain 573 sq. ft. of rip rap, a 12' x 12' boat lift, 4' x 12' aluminum ramp, two wood piers (5' x 31' and 5' x 25'), and 8' x 12' floating wood dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) GPIN: 2409-19-3201 (2224 WINDWARD SHORE DRIVE) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Treasure Canal, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP, BOAT LIFT, ALUMINUM RAMP, WOOD PIER AND FLOATING WOOD DOCK FOR NORBERT & EVELYN WILSON LOCATED ON LOT 60, SECTION 1, BAY ISLAND M.B. 45, PG. 37, 37A CITY OF VIRGINIA BEACH, VIRGINIA", having a Scale of 1" = 40', dated January 15, 2021, and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Norbert Wilson and Evelyn Wilson, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 tr-4" NORBERT WILSON, Owner r EV Y WILSON, Owner il STATE OF CITY/COUNTY OF Vi roj r i o,.. a to-wit: The foregoing instrument was acknowledged before me this ./Cpth day of ,A,-1 Ls , 2021, by Norbert Wilson and Evelyn Wilson. DAYLE FANNING 23-0,_n NOTARY PUBLICILICntR- (SEAL) REGISTRATION♦7808893 Notary ubIic COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30,2022 • Notary Registration Number: 1 CA-0 U29 3 My Commission Expires: Ls_. 30, 00a� APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 1, b LryLl g-CA-3)- /-------) S ATURE &OANA HAR EYER N tec , E� L` SENIOR CITY ATTORNEY DEPARTMENT t�T 7 TREASURE CANAL SEE SHEET 2 NOTES: NOW OR FORMERLY FOR DETAIL 1. THIS PLAN WAS PERFORMED CITY OF VIRGINIA BEACH WITHOUT THE BENEFIT OF A M.B. 45 P. 37, 37A TITLE REPORT. S 66'55'53" E (PLAT) OVERALL AREA OF 92.31' (PLAT) 2. THIS EXHIBIT IS INTENDED ENCROACHMENT 21.3' 75.6' FOR AN ENCROACHMENT — �� 7 8'� S 694.92'4(CALCC)LC.) REQUEST ONLY. EDGE OF WATER o01 6'6 ,_,_ Cep_�'�`�•:`iii7l. �;yP�•1:li ! EXISTING ����:�; TIMBER SO : ,3 v' No \-'5';?-9.\-'3 BULKHEAD 1% b. o U'-wcow j,v c.e PIN(F) rnrn EXISTING Q FRAME SHED NOW OR FORMERLY NORBERT & EVELYN WILSON Z I.N. 20200630000565440 4; LOT 60, SECTION 1 Z NOW OR FORMERLY NOW OR FORMERLYco BAY ISLAND 'o BRENTON RODGERS & JUSTIN WHEELER & �'' M.B. 45 P. 37, 37A w ASHLEY NICHOLE OSGOOD r? GPIN: 2409-19-3201 o I.N. 20110721000735000 MARCIA WHEELER m I.N. 20120910001031900 LOT 61, SECTION 1 LOT 59, SECTION 1 N PoacH NVPc, cue m BAY ISLAND BAY ISLAND wt•D N O M.B. 45 P. 37, 37A M.B. 45 P. 37, 37A o Y N GPIN: 2409-19-3199 GPIN: 2409-19-2203 rn o -jO S&�RRpME 6 5- 0 2224 w �pLTH op FG� mo11 ,PORCH O .ec,.z O 'may: DAL• UTLER •" R, ;: (` c.No.38395 m ,pO /15— 4f,' 1p5, PIN(F) 4, 1 & PIN(F) R,2p10 B3' ORE DR1vE 61ONAL E� �- D SN 165 p1 CIRCLE \NON°�PRe a5, p Wl, 3lP COMPp,SS M EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP, BOAT LIFT, ALUMINUM RAMP, WOOD 0 40 80 PIER AND FLOATING WOOD DOCK FOR NORBERT & EVELYN WILSON GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 60, SECTION 1, BAY ISLAND I L323 FIRST COLONIAL ROAD M.B. 45, PG. 37, 37A VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: JANUARY 15, 2021 [ Sheet: 1 of 2 W:\Wilson,Bert-2224 Windward Shore Drive\Encroachment Exhibit\20-72 Encroachment.dwg,9/20/2021 11:52:25 AM NOTES: 1. ALL FRAMING LUMBER SHALL BE SYP SALT TREATED WITH A MINIMUM RETENTION OF 0.80 LBS. PER CUBIC FOOT. 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. 3. ALL PIER AND LIFT PILES SHALL BE SYP SALT TREATED WITH A MINIMUM RETENTION OF 2.5 LBS. PER CUBIC FOOT. TREASURE CANAL NOW OR FORMERLY PROPOSED 4'x12' CITY OF VIRGINIA BEACH ALUMINUM RAMP �� M.B. 45 P. 37, 37A PROPOSED (.7-D PROPOSED 5'x25'WOOD PIER 8'x12' FLOATING 'O PROPOSED 12'x12' BOAT LIFT WOOD DOCK "1 OVERALL AREA OF 75.6' — — — — — -� '�, ENCROACHMENT _ a — — — EDGEIOF WATER9 PROPOSED 5'x31' �, rv1�11r.)WOOD PIER o III �, NIW c0 ® 0._ o_r _ _ IM•ird, .9'0 'jrz :�a 1 �':i�i�,�:`��`I�it��i��■.�4.4iY_ 35.63 •fdi N S 66'55'53" E (PLAT) 92.31' (PLAT) Z gi S 67'2414" E (CALC.) 94.92' (CALC.) . 0.) , ��i PROPOSED VDOT 4, vifigo ri o CLASS 1A RIP-RAP al Sill. EXISTING EXISTING (573 S.F.) NOW OR FORMERLY o TIMBER BRENTON RODGERS & m BULKHEAD ASHLEY NICHOLE OSGOOD NOW OR FORMERLY PIN(F) I.N. 20110721000735000 JUSTIN WHEELER & * LOT 61, SECTION 1 MARCIA WHEELER BAY ISLAND I.N. 20120910001031900 M.B. 45 P. 37, 37A LOT 59, SECTION 1 Z ''2) GPIN: 2409-19-3199 N BAY ISLAND p. M.B. 45 P. 37, 37A i o NOW OR FORMERLY w GPIN: 2409-19-2203 EXISTING NORBERT & EVELYN WILSON ^'= FRAME I.N. 20200630000565440 �o R` SHED LOT 60, SECTION 1 BAY ISLAND n> M.B. 45 P. 37, 37A N ‘14�pLTN OF GPIN: 2409-19-3201 O� Gro S 0 20 40 C . ER ` c.No. 38395 EXHIBIT A 5,21 ik 4' ENCROACHMENT EXHIBIT SHOWING PROPOSED o 1'1 - . RIP RAP, BOAT LIFT, ALUMINUM RAMP, WOOD -cs,,c, L ti,4G` PIER AND FLOATING WOOD DOCK FOR NORBERT & EVELYN WILSON GALLUP LOCATED ON F' SURVEYORS & ENGINEERS LOT 60, SECTION 1, BAY ISLAND 323 FIRST COLONIAL ROAD M.B. 45, PG. 37, 37A VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: JANUARY 15, 2021 I Sheet: 2 of 2 I W:\Wilson,Bert-2224 Windward Shore Drive\Encroachment Exhibit\20-72 Encroachment.dwg,9/20/2021 11:52:27 AM 41 ITEM— VI.K.6 ORDINANCES/RESOLUTION ITEM#72156 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE $1,256,276 from the State Compensation Board to the Sherds FY 2021-22 Operating budget re$3,000 bonuses to Deputies Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Abstaining: N. D. "Rocky"Holcomb Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE COMMONWEALTH OF VIRGINIA 3 STATE COMPENSATION BOARD TO THE VIRGINIA 4 BEACH SHERIFF'S OFFICE (VBSO) FY 2021-22 5 OPERATING BUDGET AND TO APPROVE BONUSES FOR 6 LOCALLY FUNDED SWORN OFFICER APPOINTEES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1) $1 ,256,276 from the Compensation Board of the Commonwealth of Virginia is 12 hereby accepted and appropriated, with funds from the Commonwealth increased 13 accordingly, to the FY 2021-22 Operating Budget of the Virginia Beach Sheriff's 14 Office for the purpose of providing one-time bonuses in the amount of $3,000 to 15 Sheriff Deputies. 16 17 2) The one-time payment of $3,000 bonuses to locally funded sworn officer 18 appointees of the Virginia Beach Sheriff's Office is hereby approved. These 19 appointees are not reimbursed by the Compensation Board and are therefore 20 ineligible for bonuses provided for by the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of October , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: qe.t,v,&IPMFOrrr. Budget & Management Services ' A rney's ffice CA15560 R-1 October 7, 2021 st- City of Virginia Beach �y ors i 0�9 z�9�S G` OF OUR WO5 VBgov.com N.D."ROCKY"HOLCOMB October 19, 2021 CELL PHONE:(757)416-2343 COUNCIL MEMBER rholcomb@vbgov.com DISTRICT 2-KEMPSVILLE In Reply Refer to 0073081 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to accept and appropriate funding from the Commonwealth of Virginia State Compensation Board to the Virginia Beach Sheriff's Office (VBSO) FY 2021-22 Operating Budget and to approve bonuses for locally funded sworn officer appointees. This transaction has applicability solely to the VBSO and employees thereof. 2. I have a personal interest in the VBSO because of my employment and income received by that governmental agency. The VBSO address is 2501 James Madison Blvd, Virginia Beach, Virginia. 3. I hereby disclose this interest, and I am abstaining from participation in the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, /1 D/ ' &L/L-. 4517------7 N.D. Rocky Holcomb /a —/lj a/ Councilmember J NDH/DRH 2401 COURTHOUSE DRIVE.SUITE 281.VIRGINIA BEACH.VA 23456 O OI4W'EALTH OF ViG� Commonwealth's Attorney • Deputies Colin D.Stolle ( " • Wendy Alexander fi 5 Tabitha B.Anderson Chief Deputies Sara R.Chandler Susan G.Hooks t 'v'S' . : Patrick J.Connolly Scott M.Lang Janee D.Joslin David W.Laird OFFICE OF THE COMMONWEALTH'S ATTORNEY Paul J.Powers CITY OF VIRGINIA BEACH 2425 Nimmo Parkway Virginia Beach,VA 23456-9050 (757)385-4401 FAX(757)385-1288 TDD:711 www.vbgov.com/oca Direct Diat (757)385-8978 October 19, 2021 Council Member N. D. Holcomb Office of the City Clerk 2401 Courthouse Drive Virginia Beach,VA 23456 Dear Council Member Holcolmb: In a letter dated October 12, 2021 you requested an opinion under the Virginia Conflict of Interests Act regarding your participation in Virginia Beach City Council discussions and voting regarding"future transactions that may relate to the Virginia Beach Sheriff's Office (VBSO)." Specifically, given your employment as the Chief Deputy Sheriff, you ask what the application is of Virginia Code Section 2.2-3112(A), and does that section require you to disqualify yourself from participating in transactions that relate to the Virginia Beach Sheriffs Office? § 2.2-3112(A) states the following: A. Each officer and employee of any state or local governmental or advisory agency who has a personal interest in a transaction shall disqualify himself from participating in the transaction if (i) the transaction has application solely to property or a business or governmental agency in which he has a personal interest or a business that has a parent-subsidiary or affiliated business entity relationship with the business in which he has a personal interest or (ii)he is unable to participate pursuant to subdivision B 1,2,or 3.Any disqualification under the provisions of this subsection shall be recorded in the public records of the officer's or employee's governmental or advisory agency. The officer or employee shall disclose his personal interest as required by subsection E of§2.2-3114 October 19,2021 Page 2 or subsection F of§2.2-3115 and shall not vote or in any manner act on behalf of his agency in the transaction. The officer or employee shall be prohibited from(I)attending any portion of a closed meeting authorized by the Virginia Freedom of Information Act(§2.2-3700 et seq.)when the matter in which he has a personal interest is discussed and(ii)discussing the matter in which he has a personal interest with other governmental officers or employees at any time. Your letter asks what the implication is of the use of the word"or"between subsections(i)and (ii) of§2.2-3112(A). Generally,phrases separated by the disjunctive"or,"are independent.See, e.g.,Ruben v. Secretary of HHS, 22 Cl. Ct. 264,266(1991)(finding that, the word"or"connects two parts of a sentence, 'but disconnect[s] their meaning"); Quindlen v. Prudential Ins. Co., 482 F.2d 876, 878 (5th Cir. 1973) (noting disjunctive results in alternatives, which must be treated separately); United States v. Riely, 169 F.2d 542, 543 (4th Cir. 1948)(interpreting the use of a comma and the disjunctive "or" as implying two separate and independent phrases in a Virginia statute authorizing payment of dividends by corporation"out of net earnings, or out of its net assets in excess of its capital").See also, Smoot v. Commonwealth, 37 Va. App.495, 501, 559 S.E.2d 409, 412 (2002)(internal citations omitted). The use of the word"of'in§ 2.2-3112(A)thus sets out two independent situations under which officers and employees of a state or local governmental agency who have "a personal interest in a transaction"as that is defined in §2.2-3101 are required to disqualify themselves. Firstly, under(i) such an officer or employee would be required to disqualify themselves from transactions that applied solely to the property, business, or governmental agency in which the officer or employee has a personal interest. Secondly, under(ii) such an officer or employee would be required to disqualify themselves if they were prohibited from participating under subdivision B(1), (2),or(3). Virginia Code §2.2-3112(B) states: B. An officer or employee of any state or local government or advisory agency who has a personal interest in a transaction may participate in the transaction: 1. If he Is a member of a business, profession, occupation, or group of three or more persons the members of which are affected by the transaction, and he complies with the declaration requirements of subsection F of§2.2-3114 or subsection H of§2.2-3115. 2. When a party to the transaction is a client of his firm if he does not personally represent or provide services to such client and he complies with the declaration requirements of subsection G of § 2.2-3114 or subsection I of§2.2-3115.or October 19, 2021 Page 3 3. If it affects the public generally,even though his personal interest,as a member of the public, may also be affected by that transaction. In your letter you set out four(4) scenarios as examples of the types of transactions that may come before the Virginia Beach City Council for consideration that I will set out briefly: (1) A budget vote that would include raises for all City, Schools, and constitutional officer employees. (2) An appropriation that would provide bonuses to all sworn employees of VBSO. (3) An appropriation that would provide revenue to VBSO for operations at the Correctional Center. (4) An ordinance amending the City Code to change references to"police officer"to "law enforcement officer" so as to include, among others, Sheriffs Deputies,within the scope of the amended ordinance. As an employee of the VBSO,the provision of(B)(1)could have application to your participation as a Council member in the example transactions relating to the VBSO. The provision of(B)(2)would not apply to your situation and(B)(3)would also not apply as none of the example transactions apply to the public generally, but rather to specific groups of City employees, as well as the VBSO. In each of your examples the transactions would affect all sworn Sheriff's Deputies (among other people)employed by the VBSO. It is a given for the purposes of this opinion that there are more than three(3) sworn Sheriff's Deputies employed by the VBSO that would be affected by these transactions, of which you as chief deputy are included. Thus,you are clearly a"member of a ... group of three or more persons" which are affected by the transactions in all four(4) scenarios. As long as you comply with the declaration requirements of subsection H of§2.2-3115, which deals with disclosures by local government officers and employees, you would be within the exception provided for by §2.2-3112(B)(1). However, compliance with subsection B is not the end of the inquiry as the provisions of§ 2.2- 3112(A)(i) are independent and must also be complied with. As set out in the subsection, officers and employees having a personal interest in a transaction must disqualify themselves if "the transaction has application solely to a ... governmental agency in which he has a personal interest." As acknowledged in your letter dated October 12, 2021 your employment by VBSO results in your having a"personal interest" in the"governmental agency"of the VBSO. The distinction between the prohibition contained in§2.2-3112(A)(i)and the exemption provided for in § 2.2-3112(A)(ii)through reference to § 2.2-3112(B)(1), (2), and (3), is that the exemptions only would apply in circumstances where the transaction did not"have application solely to ... a governmental agency"in which you have a personal interest. Where the transaction applied solely with the VBSO, the terms of§ 2.2-31 I2(A)(i) would control and you would be prohibited from attending any portion of a closed meeting authorized by the Virginia Freedom of Information Act when the matter is discussed and discussing the matter with other governmental officers or employees at any time. October 19, 2021 Page 4 Because your personal interest arises solely from your employment with the Virginia Beach Sheriffs Department, a group that includes three(3) or more persons,you would be allowed to participate in transactions that do not solely affect the Virginia Beach Sheriff's Department as long as you comply with the declaration requirements of subsection H of§ 2.2-3115, which deals with disclosures by local government officers and employees. H.An officer or employee of local government who is required to declare his interest pursuant to subdivision 8 1 of§ 2.2-3112 shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer's or employee's personal interest affected by the transaction, (iii) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction,and(iv)that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. The officer or employee shall also orally disclose the existence of the interest during each meeting of the governmental or advisory agency at which the transaction is discussed and such disclosure shall be recorded in the minutes of the meeting. Virginia Code § 2.2-3115 (H) For these reasons, it is my opinion that in any transaction that would solely apply to the Virginia Beach Sheriffs Office, you would be prohibited by the terms of§ 2.2-3112(A)(i) from participating. You would be required to disqualify yourself and you would be prohibited from(i) attending any portion of a closed meeting when the matter is discussed and (ii)discussing the matter with other governmental officers or employees at any time. Further it is my opinion that in any transaction that applies to the Virginia Beach Sheriff's Office,but also has applications to property, businesses, or governmental agencies beyond the Virginia Beach Sheriffs Office you would be allowed by the terms of§ 2.2-3112(B)(1)to participate in the transaction as long as you comply with the declaration requirements of subsection H of§2.2-3115 by declaring(i)the transaction involved, (ii)the nature of your personal interest affected by the transaction, (iii)that you are a member of a group (employees of the Virginia Beach Sheriff's Department) that are affected by the transaction, and(iv)that you October 19, 2021 Page 5 are able to participate in the transaction fairly,objectively,and in the public interest during each meeting at which the transaction is discussed. I have refrained from offering an opinion on the specific"four potential transactions that may be coming before the Virginia Beach City Council." If and when a specific transaction comes before the Virginia Beach City Council,and you would like me to review whether or not you may participate in that transaction given your"personal interest in the Virginia Beach Sheriffs Office,"I will be happy to review that on a case by case basis. Finally,the Act recognizes"that our system of representative government is dependent in part upon...its citizens maintaining the highest trust in their public officers and employees." Virginia Code § 2.2-3100. To that end,the Act is construed liberally to accomplish that purpose. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented would affect the public's trust in its officers. S' ly, • Colin D. Stolle Commonwealth's Attorney /adh cc: Mark Stiles,City Attorney 42 ITEM— VLK.7 ORDINANCES/RESOLUTIONS ITEM#72157 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION LaTasha Holloway, 826 Tuition Way, Phone: 348-0456, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADOPTED Ordinance to ACCEPT$136,429,703 from the American Rescue Plan Act(ARPA) Coronavirus State and Local Fiscal Recovery Funds and APPROPRIATE $82,063,098 re Stormwater, Parks and Recreation Infrastructure,and Facilities Capital Projects Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones,John D. Moss,Aaron R. Rouse Guy K. Tower and Sabrina D. Wooten Council Members Abstaining: Linwood O. Branch Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 1 AN ORDINANCE TO ACCEPT$136,429,703 OF AMERICAN 2 RESCUE PLAN ACT CORONAVIRUS STATE AND LOCAL 3 FISCAL RECOVERY FUNDS AND TO APPROPRIATE 4 $82,063,098 FOR STORMWATER, PARKS AND 5 RECREATION INFRASTRUCTURE, AND FACILITIES 6 CAPITAL PROJECTS 7 8 WHEREAS, since March 2020, the coronavirus pandemic has impacted the 9 citizens of the City of Virginia Beach as well as the operations of the City of Virginia Beach; 10 11 WHEREAS, on March 11, 2021, the President of the United States signed the 12 American Rescue Plan Act into law (P.L. 117-2); 13 14 WHEREAS, Section 9901 (Title IX, Subtitle M) of the American Rescue Plan Act 15 created Coronavirus State and Local Fiscal Recovery Funds; 16 17 WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds allocated 18 direct federal funding to governments throughout the United States, including the City of 19 Virginia Beach; 20 21 WHEREAS, the City received allocations from both the city and county portions of 22 the Coronavirus State and Local Fiscal Recovery Funds as Section 9901 allowed that "a 23 unit of general local government that has formed a consolidated government may receive 24 a distribution under each...paragraphs..." 25 26 WHEREAS, the United States Treasury formula apportioned a total of 27 $136,429,703 to the City of Virginia Beach; 28 29 WHEREAS, in May 2021, the United States Treasury released guidance for the 30 funds under the Interim Final Rule (31 CFR Part 35, Subpart A); 31 32 WHEREAS, on May 25, 2021, the City Council established priorities for the use of 33 the City's funds and instructed the City Manager to prepare a Recommended Budget; 34 35 WHEREAS, the City Manager presented an American Rescue Plan Act 36 Recommended Budget on September 14, 2021; 37 38 WHEREAS, a public hearing on the proposed use of Recommended Budget was 39 held on October 5, 2021; and 40 41 WHEREAS, the City Council requested dividing the recommendations such that 42 only capital projects be voted upon at the October 19th Formal Meeting; 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA THAT: 46 47 1. $136,429,703 from the United States Department of the Treasury is hereby 48 accepted. 49 50 2. Of the $136,429,703, $82,063,098 is hereby appropriated into the FY 2021-22 51 Operating Budget, with revenue from the federal government increased 52 accordingly, and transferred, as pay-as-you go financing, to the FY 2021-22 53 Capital Improvement Program. The revenues from this pay-as-you-go transfer will 54 support the appropriations made for projects included in enactment clauses 4, 6, 55 8, 10, 12, 14, 16, and 18. 56 57 3. A new capital project (#PG100585, "Enhanced Neighborhood Rehabilitation — 58 ARPA") to provide stormwater neighborhood rehabilitation is hereby authorized 59 within the FY 2021-22 Capital Improvement Program. 60 61 4. $23,580,000 is hereby appropriated to Capital Project #PG100585 within the 62 Stormwater Section of the FY 2021-22 Capital Improvement Program. 63 64 5. A new capital project(#PG100586, "Lake Management—ARPA") to enhance lake 65 management in the City is hereby authorized within the FY 2021-22 Capital 66 Improvement Program. 67 68 6. $21,300,000 is hereby appropriated to Capital Project #PG100586 within the 69 Stormwater Section of the FY 2021-22 Capital Improvement Program. 70 71 7. A new capital project (#PG100587, "Parks Capital Infrastructure Replacement — 72 ARPA") to provide additional neighborhood parks maintenance is hereby 73 authorized within the FY 2021-22 Capital Improvement Program. 74 75 8. $15,200,000 is hereby appropriated to Capital Project#PG100587 within the Parks 76 and Recreation Section of the FY 2021-22 Capital Improvement Program. 77 78 9. A new capital project (#PG100588, "Recreation Center HVAC Replacement / 79 Repair — ARPA") to provide recreation center HVAC improvements is hereby 80 authorized within the FY 2021-22 Capital Improvement Program. 81 82 10. $3,650,000 is hereby appropriated to Capital Project #PG100588 within the 83 Buildings and Assets Section of the FY 2021-22 Capital Improvement Program. 84 85 11. A new capital project (#PG100589, "Central Utility Plant Enhancements —ARPA") 86 to provide repairs and replacements to the Central Utility Plant is hereby authorized 87 within the FY 2021-22 Capital Improvement Program. 88 89 12. $6,100,000 is hereby appropriated to Capital Project #PG100589 within the 90 Buildings and Assets Section of the FY 2021-22 Capital Improvement Program. 91 92 13. A new capital project (#PG100590, "Courts Building Direct Digital Control — 93 ARPA") to purchase and install a digital direct control system for the Courts 94 Building is hereby authorized within the FY 2021-22 Capital Improvement 95 Program. 96 97 14. $2,070,000 is hereby appropriated to Capital Project #PG100590 within the 98 Buildings and Assets Section of the FY 2021-22 Capital Improvement Program. 99 100 15. A new capital project(#PG100591, "Parks and Rec Construction Yard Relocation 101 - ARPA) to construct a new Parks & Recreation Landscape Yard is hereby 102 authorized within the FY 2021-22 Capital Improvement Program. 103 104 16. $9,420,098 is hereby appropriated to Capital Project #PG100591 within the 105 Buildings and Assets Section of the FY 2021-22 Capital Improvement Program. 106 107 17. A new capital project (#PG100594, "Library Meeting Rooms Technology 108 Modernization —ARPA") to provide technology improvements in meeting rooms at 109 the City's Libraries is hereby authorized within the FY 2021-22 Capital 110 Improvement Program. 111 112 18. $743,000 is hereby appropriated to Capital Project #PG100594 within the 113 Information Technology Section of the FY 2021-22 Capital Improvement Program. 114 115 19_ $54,366,605 is herebt. reserved pending future action of the City Council to 116 appropriate such funds and direct the use thereof. 117 118 20. If a project approved by this ordinance is determined to be no longer be feasible 119 to be constructed within the timeframe allowed by the United States Department 120 of the Treasury, the City Manager or designee shall hold such project in abeyance 121 and seek direction by the City Council for an alternative use of the funds or 122 segmentation of such project to meet the applicable timeframe, or both. 123 124 21. If, at a subsequent date to this ordinance, further or refined guidance is issued by 125 the United States Department of the Treasury that disallows any of the projects 126 approved by this ordinance, the City Manager or designee shall hold such project 127 in abeyance and seek direction by the City Council for an alternative use of the 128 funds. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of October , 2021 . • Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: AP AS TO LEGAL SUFFICIENCY. udget and Management Services o y's Office CA15559 R-3 October 12,2021 G��� BEAC� U � City of V_irgi ni a 1E3 each Gam . `22 99+6' np BUR NAt\0 e4. VBgov.com LINWOOD O.BRANCH CELL:757-633-7094 COUNCIL MEMBER libranch@yb.00y.com DISTRICT 5-LYNNHAVEN In Reply Refer to 0073086 October 19, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to accept $136,429,703 of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds and to Appropriate $82,063,098 for Stormwater, Parks and Recreation Infrastructure, and Facilities Capital Projects. 2. I have a personal interest in Lynn-Dee Motel, Inc., which owns and operates the Days Inn at the Resort and related restaurant and gift shop. The corporate address of Lynn-Dee Motel, Inc. is 1000 Atlantic Avenue, Virginia Beach. 3. The transaction described above includes the acceptance of federal funds, and the disposition of some of these funds is intended to provide business assistance to the hospitality industry. 4. I have requested an opinion from the Commonwealth's Attorney as to whether I may participate in this transaction. Having not yet received this opinion and in an abundance of caution, I am hereby disclosing my interest, and I am abstaining from the City Council's consideration of this item. 2401 COURTHOUSE DRIVE,SUITE#281,VIRGINIA BEACH,VIRGINIA 23456 I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, 6/,.. ......0 ./4.4,215_ Linwood O. Branch, III Councilmember LOB/DRH 43 ITEM— VLL.1 PLANNING ITEM#72158 The following registered to speak: Billy Garrington, Attorney for Applicant, 471 Southside Road, Phone: 428-4245, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Morris Fine, 401 Parks Avenue#300, Phone: 422-1678, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Henley, City Council DEFERRED TO DECEMBER 7,2021,Application of MURPHY'S OF VIRGINIA BEACH/STEPHEN YUEN YEE FAMILY,LLCfor a Special Exception for Alternative Compliance re convert a portion of parking lot into permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6— BEACH Voting: 6-4 Council Members Voting Aye: Linwood O. Branch, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb and John D.Moss Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 44 ITEM— VI.L.2 PLANNING ITEM#72159 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Diana Plizga, 1805 Wandsworth Drive, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Jones, City Council DEFERRED TO NOVEMBER 9, 2021, Application of VIRGINL4 BEACH DEVELOPMENT AUTHORITY/ VIRGINL4 BEACH DEVELOPMENT AUTHORITY& FROB,LLC for a Modification of Proffer to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE(Deferred from September 21, 2021) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson October 19, 2021 45 ITEM— VLL.3 PLANNING ITEM#72160 The following registered to speak Lisa Murphy, 440 Monticello Avenue#2200,Phone: 628-5540,Attorney for Applicant,spoke in SUPPORT of applicants request to withdraw application Barbara Messner, P. O. Box 514, spoke in OPPOSITION Danny Murphy, 366 Segal Bluff Drive, Phone: 435-4389, spoke in SUPPORT of withdrawal Upon motion by Council Member Jones, seconded by Council Member Tower, City Council APPROVED WITHDRAWAL for Application of JTR, LLC/JTR, LLC/BAYLINER BUILDING, LLC& SHORE DRIVE AREA PROPERTIES for Street Closures of partially improved and unimproved portions of right- of-way known as Clipper Bay Drive (approximately 26,414 square feet) and Ocean Tides Drive (approximately 12,252 square feet)DISTRICT 4—BAYSIDE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, *John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson *Council Member Moss filed a disclosure October 19, 2021 W I L L C ❑ X SAVAGE Lisa M.Murphy (757)628-5540 lmurphy@wilsay.com 87644.001 October 15, 2021 VIA HAND DELIVERY & ELECTRONIC MAIL Ms. Amanda Barnes, MMC City Clerk City of Virginia Beach 2401 Courthouse Drive, Suite 281 Virginia Beach, Virginia, 23456 Street Closure Applications—JTR, LLC ("Applicant") 2020-PCCC-00315/00316 Conditional Rezoning& Conditional Use Permit Applications - MP Shore, LLC ("Applicant") 2020-PCCC-00122/00123—Bayside Planning Items #3 &#4 Dear Ms. Barnes: I am writing to you on behalf of the Applicants in connection with the referenced applications to notify you that we intend to withdraw the referenced applications at the City Council Meeting on October 19th, instead of seeking to defer these applications as we had indicated in our prior correspondence to Hoa Dao. Please do not hesitate to call or email me should you have any questions regarding these applications. With kind regards, I am Ve truly your,g, 1(k, ' Lisa M. Murphy ._ cc: Mr. John H. Peterson III(via email) Mr. William A. Wilcox II (via email) Mr. Terry L. Browning(via email) Reply to Norfolk Office 440 MONTICELLO AVENUE SUITE 2200 NORFOLK, VA 23510 757.62E1.5500 FACSIMILE 757.628.5566 222 CENTRAL PARK AVENUE SUITE 1500 VIRGINIA BEACH, VIRGINIA 23462 757.622.5600 FACSIMILE 757.62E1.5659 WWW.WILLCOXANOSAVAGE.COM 1-1 67 1 1 94.1 r2 City of Virinia. Beach t 9 O OUR moo" VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSSOVBGOVCOM October 19, 2021 In Reply Refer to 0073083 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on a proposed rezoning of a property and a street closure for a multi-family project(the "Project") on Marlin Bay Road. This transaction is L.3 and L.4 on the printed agenda for the October 19t City Council meeting. 2. I have a personal interest in Dominion Energy. The corporate address of Dominion Energy is 120 Tredegar Street, Richmond, Virginia 23219. 3. The Commonwealth's Attorney has concluded that I have a personal interest in the above-referenced transaction due to a reasonably foreseeable benefit or detriment to Dominion as a result of the approval or denial of the Project by the City Council. I have attached this opinion for reference. 4. The Commonwealth's Attorney has further concluded that I may make the declaration set forth in subsection H of § 2.2-3115, which permits members of a group to participate in a transaction notwithstanding their personal interest. 5. I am a member of a group—the shareholders of Dominion—that are affected by the transaction. 6. I am able to participate in the transaction fairly, objectively, and in the public interest. 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 Mrs. Amanda Barnes -2- October 19, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sin erely i ;� John A i ss Councilmember Enclosure JDM/DRH worAIEMMI OF A/MG Commonwealth's Attorney `1 `; ?°* Jr• r+s 7 Deputies Colin D.Stolle ,d( `°, :, � Wendy Alexander { e d• Tabitha B.Anderson Chief Deputies � Sara R.Chandler Susan G.Hooks � ' �,' Patrick J.Connolly Scott M.Lang Janee D.Joslin OFFICE OF THE COMMONWEALTH'S ATTORNEY Paula p � CITY OF VIRGINIA BEACH 2425 Nimrno Parkway Virginia Beach,VA 23456-9050 (757)385-4401 FAX(757)385-1288 TDD:711 www.vbgov.com/oca Direct Dial: (757)385-8978 October 19,2021 Council Member John Moss Office of the City Clerk 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Council Member Moss: In a letter dated October 14, 2021, you requested an opinion under the Virginia Conflict of Interests Act (the "Act") regarding your participation in Virginia Beach City Council discussions and vote regarding"a proposed rezoning of a property and a street closure for a multi-family project (the `Project')." You further advise that"the developer of the Project anticipates entering into one or more contracts with Dominion Energy, Inc. (`Dominion')to have electric vehicle charging stations and solar panels as part of the full build-out of the Project." You ask whether your personal interest in Dominion causes you to have a personal interest in the transaction. A"personal interest in a transaction"exists when an officer or employee or member of his immediate family has a personal interest in, among other things, a business and such business is (i)the subject of the transaction or(ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction." Va. Code § 2.2-3101. In the present situation,Dominion is not the subject of the transaction. As described in your letter, the transaction at issue involves rezoning property and closure of a street,neither of which are the property of Dominion, but rather necessary for the developer of the Project to move forward. The inquiry then falls to whether Dominion"may realize a reasonably foreseeable direct or indirect benefit or detriment." Id. As described in your letter,the developer "anticipates entering into one or more contracts with Dominion"to provide electric vehicle charging stations and solar panels. With this anticipation, even though a contract has not yet been entered into, it is reasonably foreseeable that Dominion may realize a direct or indirect benefit(income realized from the sale and/or installation of the October 19, 2021 Page 2 equipment) from the approval of the rezoning and street closure. Likewise they may suffer a detriment(loss of the business opportunity to sell and/or install the equipment to the developer) from the denial of the rezoning and street closure. As the Virginia Supreme Court stated in West v. Jones,228 Va. 409,415, 323 S.E.2d 96 (1984): Conflicts of interest are proscribed precisely because they may compromise or affect the judgment of public servants at the expense of private citizens. If, at the time the transaction is pending, it is reasonably foreseeable that the public servant's personal interest could benefit or suffer from his participation in that transaction, the conflict and the danger it poses to the public interest arise at the moment the transaction occurs. For this reason, it is my opinion that you have a"personal interest in the transaction"related to the Project as a result of the reasonably foreseeable benefit or detriment to Dominion as a result of the action taken by the Virginia Beach City Council. However, since the transaction before the Council does not solely affect Dominion,but rather affects a larger group including the developer, you would be permitted to participate in the transaction if one of the exceptions in § 2.2-3112(B)(1-3)applies. Virginia Code §2.2-3112(B) states: B. An officer or employee of any state or local government or advisory agency who has a personal interest in a transaction may participate in the transaction: 1. If he is a member of a business, profession, occupation, or group of three or more persons the members of which are affected by the transaction, and he complies with the declaration requirements of subsection F of§2.2-3114 or subsection H of§2.2-3115; 2. When a party to the transaction is a client of his firm if he does not personally represent or provide services to such client and he complies with the declaration requirements of subsection G of § 2.2-3114 or subsection l of§2.2-311.5..or 3. If it affects the public generally,even though his persona!interest,as a member of the public, may also be affected by that transaction. Although your letter does not contain any information to this effect, I can safely assume that Dominion has more than three(3)shareholders who would be affected by the transaction. Dominion is a publicly traded company on the New York Stock Exchange with more than 800 million shares outstanding. See Dominion Energy 2nd Quarter 2021 Earnings Release Kit (August 6, 2021). As such,you would be a member of a group of more than three (3) members who would be affected by this transaction. See COI Adv. Op. No. 09-A01 (October 19,2009) October 19,2021 Page 3 (defining"group"as "a number of persons or things ranged or considered together as being related in some way."), COI Adv. Op. No. 04-A06(August 13, 2004) (authorizing Board of Supervisors member to vote on School Board Budget where his wife and son were employed by the School Board because he was among a group of three or more persons affected by the transaction). Because your personal interest arises solely from your income as a shareholder in Dominion, a group that includes three(3) or more persons, you would be allowed to participate in the transaction as long as you comply with the declaration requirements of subsection H of§ 2.2- 3115 which deals with disclosures by local government officers and employees. H. An officer or employee of local government who is required to declare his interest pursuant to subdivision B 1 of§ 2.2-3112 shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer's or employee's personal interest affected by the transaction, (iii) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and(iv)that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public Inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. The officer or employee shall also orally disclose the existence of the interest during each meeting of the governmental or advisory agency at which the transaction is discussed and such disclosure shall be recorded in the minutes of the meeting. Virginia Code§2.2-3115 (H) Accordingly, it is my opinion that you do have a personal interest in the transaction due to a reasonably foreseeable benefit or detriment to Dominion as a result of the approval or denial of the Project by the Virginia Beach City Council. Despite this personal interest in the transaction, it is also my opinion that the exception in 2.2-3112(B)(1) applies and would permit you to participate in the discussion and voting as long as you comply with the requirements of§ 2.2- 3115 (H) by declaring(i)the transaction involved, (ii)the nature of your personal interest affected by the transaction, (iii)that you are a member of a group (shareholders of Dominion) that are affected by the transaction, and (iv)that you are able to participate in the transaction October 19, 2021 Page 4 fairly, objectively,and in the public interest during each meeting at which the transaction is discussed. Finally,the Act recognizes "that our system of representative government is dependent in part upon...its citizens maintaining the highest trust in their public officers and employees." Virginia Code § 2.2-3100. To that end, the Act is construed liberally to accomplish that purpose. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented would affect the public's trust in its officers. Si =ely, i Colin . Stolle Commonwealth's Attorney /adh 46 ITEM— VI.L.4 PLANNING ITEM#72161 The following registered to speak: Lisa Murphy, 440 Monticello Avenue#2200,Phone: 628-5540,Attorney for Applicant,spoke in SUPPORT of applicants request to withdraw application Barbara Messner, P. O. Box 514, spoke in OPPOSITION Danny Murphy, 366 Segal Bluff Drive, Phone: 435-4389, spoke in SUPPORT of withdrawal Upon motion by Council Member Jones, seconded by Council Member Branch, City Council APPROVED WITHDRAWAL for Application of MP SHORE DRIVE, LLC/JTR, LLC, BAYLINER BUILDING, LLC,SHORE DRIVE AREA PROPERTIES,LLC, & CITY OF VIRGINL4 BEACH for a Conditional Change of Zoningfrom PD-HI and B-2 Districts to Conditional B-4 Mixed Use and Conditional Use Permit re multi family dwellings at 3829 & 3785 Shore Drive and adjacent parcels between Marlin Bay Drive and 3829 Shore Drive DISTRICT 4—BAYSIDE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. `Rocky" Holcomb, Louis R. Jones, *John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson *Council Member Moss filed a disclosure October 19, 2021 WILLCOX SAVAGE Lisa M.Murphy (757)628-5540 lmurphy@wilsay.com 87644.001 October 15,2021 VIA HAND DELIVERY & ELECTRONIC MAIL Ms. Amanda Barnes, MMC City Clerk City of Virginia Beach 2401 Courthouse Drive, Suite 281 Virginia Beach, Virginia, 23456 Street Closure Applications—JTR, LLC ("Applicant") 2020-PCCC-00315/00316 Conditional Rezoning& Conditional Use Permit Applications - MP Shore, LLC ("Applicant") 2020-PCCC-00122/00123—Bayside Planning Items#3 & #4 Dear Ms. Barnes: I am writing to you on behalf of the Applicants in connection with the referenced applications to notify you that we intend to withdraw the referenced applications at the City Council Meeting on October 19th, instead of seeking to defer these applications as we had indicated in our prior correspondence to Hoa Dao. Please do not hesitate to call or email me should you have any questions regarding these applications. With kind regards, I am iNtVruly ruts, C Lisa M. Murphy • cc: Mr. John H. Peterson III (via email) Mr. William A. Wilcox II (via email) Mr. Terry L. Browning(via email) Reply to Norfolk Office 440 MONTICELLO AVENUE SUITE 2200 NORFOLK, VA 23510 757.622.5500 FACSIMILE 757.628.5566 222 CENTRAL PARK AVENUE SUITE 1500 VIRGINIA BEACH, VIRGINIA 23462 757.622.5600 FACSIMILE 757.628.5659 WWW.WILLCOXANOSAVAGE.COM I-1671194.1 01.11A• BE40� 04 :a 0 City of Virginia Beach 9 OF OUR Nx-tO9 VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSS®VBGOV.COM October 19, 2021 In Reply Refer to 0073083 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on a proposed rezoning of a property and a street closure for a multi-family project (the "Project") on Marlin Bay Road. This transaction is L.3 and L.4 on the printed agenda for the October 191h City Council meeting. 2. I have a personal interest in Dominion Energy. The corporate address of Dominion Energy is 120 Tredegar Street, Richmond, Virginia 23219. 3. The Commonwealth's Attorney has concluded that I have a personal interest in the above-referenced transaction due to a reasonably foreseeable benefit or detriment to Dominion as a result of the approval or denial of the Project by the City Council. I have attached this opinion for reference. 4. The Commonwealth's Attorney has further concluded that I may make the declaration set forth in subsection H of § 2.2-3115, which permits members of a group to participate in a transaction notwithstanding their personal interest. 5. I am a member of a group—the shareholders of Dominion—that are affected by the transaction. 6. I am able to participate in the transaction fairly, objectively, and in the public interest. 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 Mrs. Amanda Barnes -2- October 19, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sin ely John . ss Councilmember Enclosure JDM/DRH COIsmssN EALTH OF VmG Commonwealth's Attorney �./ 'may ". ' '+" ATLI Deputies Cohn D.Stolle P Wendy Alexander Tabitha B.Anderson Chief Deputies "j o s, , Sara R.Chandler Susan G.Hooks - , Patrick J.Connolly Scott M.Lang ' ` `«. *'"' Jane D.Joslin OFFICE OF THE COMMONWEALTH'S ATTORNEY David W.Laird Paul J.Powers CITY OF VIRGINIA BEACH 2425 Nimmo Parkway Virginia Beach,VA 23456-9050 (757)385-4401 FAX(757)385-1288 TDD:711 www.vbgov.com/oca Direct Diet (757)385-8978 October 19, 2021 Council Member John Moss Office of the City Clerk 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Council Member Moss: In a letter dated October 14,2021,you requested an opinion under the Virginia Conflict of Interests Act(the"Act") regarding your participation in Virginia Beach City Council discussions and vote regarding"a proposed rezoning of a property and a street closure for a multi-family project(the `Project')." You further advise that"the developer of the Project anticipates entering into one or more contracts with Dominion Energy, Inc. (`Dominion')to have electric vehicle charging stations and solar panels as part of the full build-out of the Project." You ask whether your personal interest in Dominion causes you to have a personal interest in the transaction. A"personal interest in a transaction"exists when an officer or employee or member of his immediate family has a personal interest in,among other things,a business and such business is (i)the subject of the transaction or(ii)may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction." Va. Code § 2.2-3101. In the present situation,Dominion is not the subject of the transaction. As described in your letter,the transaction at issue involves rezoning property and closure of a street,neither of which are the property of Dominion,but rather necessary for the developer of the Project to move forward. The inquiry then falls to whether Dominion"may realize a reasonably foreseeable direct or indirect benefit or detriment." Id. As described in your letter,the developer"anticipates entering into one or more contracts with Dominion"to provide electric vehicle charging stations and solar panels. With this anticipation, even though a contract has not yet been entered into,it is reasonably foreseeable that Dominion may realize a direct or indirect benefit(income realized from the sale and/or installation of the October 19, 2021 Page 2 equipment) from the approval of the rezoning and street closure. Likewise they may suffer a detriment(loss of the business opportunity to sell and/or install the equipment to the developer) from the denial of the rezoning and street closure. As the Virginia Supreme Court stated in West v. Jones, 228 Va. 409, 415, 323 S.E.2d 96 (1984): Conflicts of interest are proscribed precisely because they may compromise or affect the judgment of public servants at the expense of private citizens. If, at the time the transaction is pending, it is reasonably foreseeable that the public servant's personal interest could benefit or suffer from his participation in that transaction, the conflict and the danger it poses to the public interest arise at the moment the transaction occurs. For this reason, it is my opinion that you have a"personal interest in the transaction"related to the Project as a result of the reasonably foreseeable benefit or detriment to Dominion as a result of the action taken by the Virginia Beach City Council. However, since the transaction before the Council does not solely affect Dominion, but rather affects a larger group including the developer, you would be permitted to participate in the transaction if one of the exceptions in § 2.2-3112(B)(1-3) applies. Virginia Code §2.2-3112(B) states: B. An officer or employee of any state or local government or advisory agency who has a personal interest in a transaction may participate in the transaction: 1. If he is a member of a business, profession, occupation, or group of three or more persons the members of which are affected by the transaction, and he complies with the declaration requirements of subsection F of§2.2-3114 or subsection H of§2.2-3115; 2. When a party to the transaction is a client of his firm if he does not personally represent or provide services to such client and he complies with the declaration requirements of subsection G of § 2.2-3114 or subsection i of§2.2-3115,.or 3. If it affects the public generally, even though his personal interest,as a member of the public, may also be affected by that transaction. Although your letter does not contain any information to this effect, I can safely assume that Dominion has more than three (3)shareholders who would be affected by the transaction. Dominion is a publicly traded company on the New York Stock Exchange with more than 800 million shares outstanding. See Dominion Energy 2nd Quarter 2021 Earnings Release Kit (August 6, 2021). As such, you would be a member of a group of more than three (3) members who would be affected by this transaction. See COI Adv. Op. No. 09-A01 (October 19,2009) October 19, 2021 Page 3 (defining"group"as "a number of persons or things ranged or considered together as being related in some way."), COI Adv. Op. No. 04-A06(August 13, 2004) (authorizing Board of Supervisors member to vote on School Board Budget where his wife and son were employed by the School Board because he was among a group of three or more persons affected by the transaction). Because your personal interest arises solely from your income as a shareholder in Dominion, a group that includes three(3) or more persons, you would be allowed to participate in the transaction as long as you comply with the declaration requirements of subsection H of§ 2.2- 3115 which deals with disclosures by local government officers and employees. H. An officer or employee of local government who is required to declare his interest pursuant to subdivision B 1 of§ 2.2-3112 shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer's or employee's personal interest affected by the transaction, (ill) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and(iv)that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. The officer or employee shall also orally disclose the existence of the interest during each meeting of the governmental or advisory agency at which the transaction is discussed and such disclosure shall be recorded in the minutes of the meeting. Virginia Code§2.2-3115 (H) Accordingly, it is my opinion that you do have a personal interest in the transaction due to a reasonably foreseeable benefit or detriment to Dominion as a result of the approval or denial of the Project by the Virginia Beach City Council. Despite this personal interest in the transaction, it is also my opinion that the exception in 2.2-3 112(B)(1) applies and would permit you to participate in the discussion and voting as long as you comply with the requirements of§ 2.2- 3115 (H) by declaring(i) the transaction involved, (ii)the nature of your personal interest affected by the transaction, (iii)that you are a member of a group (shareholders of Dominion) that are affected by the transaction, and (iv) that you are able to participate in the transaction October 19,2021 Page 4 fairly, objectively,and in the public interest during each meeting at which the transaction is discussed. Finally,the Act recognizes"that our system of representative government is dependent in part upon...its citizens maintaining the highest trust in their public officers and employees." Virginia Code § 2.2-3100.To that end,the Act is construed liberally to accomplish that purpose.In that respect,the Act places the burden on the individual officer to evaluate whether the facts presented would affect the public's trust in its officers. Si ely, fil'iltli e if Colin b. Stolle Commonwealth's Attorney /adh 47 ITEM— VLM APPOINTMENTS ITEM#72162 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 5/31 MEMORIAL COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD October 19, 2021 48 ADJOURNMENT ITEM#72163 Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:12 P.M. Terri H. elius Chief Deputy City Clerk Amand arnes, MMC Robert M. Dyer City Clerk Mayor October 19, 2021