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11-1-2022 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M "BOBBY"DYER,At Large �N1A-BEA VICE MAYOR ROSEMARY WILSON,At Large 8,4NN= c�'L� MICHAEL F.BERL UCCHI,Rose Hall—District 3 LINWOOD O.BRANCH,Lynnhaven—District 5 BARBARA M.HENLEY,Princess Anne—District 7 o w:I Z z N.D. "ROCKY"HOLCOMB,Kempsville—District 2 DELCENO C.MILES,Bayside—District 4 _ ? JOHN D.MOSS,At Large `'•*, - .t" AARON R.ROUSE,At Large j °°. NOW'S GUY K.TOWER,Beach—District 6 SABRINA D.WOOTEN,Centerville—District I CITYHALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICKA.DUHANEY VIRGINIA BEACH,VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(7 57)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS November 1, 2022 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY COUNCIL'S BRIEFING -Conference Room- 3:30 PM A. CANNABIS CONTROL AUTHORITY OVERVIEW Jeremy Preiss, Chief of Regulatory Policy& External Affairs Virginia Cannabis Control Authority Ngiste Abebe, Director of Public Policy Columbia Care II. CITY COUNCIL LIAISON REPORTS 4:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION -Conference Room- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Reverend Pastor Todd Woolston Real Life Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 18, 2022 2. FORMAL SESSION October 25, 2022 G. MAYOR'S PRESENTATIONS 1. COLOR THE WORLD ORANGE DAY PROCLAMATION 2. VB SIGN WARS RESOLUTION Brandon"Shaggy" Stokes 3. HOPE HOUSE FOUNDATION RESOLUTION Lynne Seagle H. PUBLIC COMMENT 1. 2023 PROPOSED LEGISLATIVE AGENDA I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Filling vacancies on City Council 2. ACQUISITION,BY AGREEMENT OR CONDEMNATION Winston-Salem Avenue Corridor Improvements Project 3. LEASE OF CITY PROPERTY—AGRICULTURAL PURPOSES 9+/- acres located at 2848 Indian River Road 186+/- acres located at 3419 North Landing Road J. FORMAL SESSION AGENDA 1. CONSENTAGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 9+/- acres of City- Owned Farmland at 2848 Indian River Road for up to five(5)years with Dawley Family Farms, LLC 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 186 +/- acres of City- Owned Farmland on Indian River Road and North Landing Road for up to five(5) years with Land of Promise Farms Partnership 3. Resolution to REQUEST the Virginia Beach School Board participate in the upcoming Disparity Study(Requested by Council Members Holcomb, Miles, and Rouse) 4. Ordinance to AWARD a $5,000 Community Services Micro-Grant to Speak Up for a Change re support hunger relief and other charitable activities (Requested by Council Member Miles) 5. Ordinance to AWARD a $5,000 Community Services Micro-Grant to Christian Resource Center re support its community resource center operations (Requested by Council Member Miles) 6. Ordinance to AMEND City Code Section 35-42 re administration of disabled veteran personal property tax exemptions (Requested by Commissioner of Revenue) 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Drainage and Maintenance Easements located at the rear of 780 Los Colonis Drive re construct and maintain two (2) wood docks, flexamat ramp, two (2) wood bulkheads, and a gravel driveway, and to convert an existing floating dock to a fixed dock, and to maintain an existing wood dock, gravel fire pit, and rip-rap DISTRICT 2 (Formerly District 7 —Princess Anne) 8. Resolution to ESTABLISH Pahala Park, LLC d/b/a Coastal Event Medical Management and AUTHORIZE annual EMS Permit re private ambulance services 9. Ordinance to ACCEPT and APPROPRIATE$126,000 from Federal Funds to the FY 2022-23 Police Department Operating Budget re training and travel to enhance law enforcement mental health and wellness programs 10. Ordinance to ACCEPT and APPROPRIATE $35,000 from State Funds to the FY 2022-23 Police Department Operating Budget re overtime, the purchase of equipment, travel, and training to enhance efforts to address internet crimes against children 11. Ordinance to TRANSFER $100,000 from the General Fund Reserve to the Department of Housing and Neighborhood Preservation re conduct an updated housing study with a focus on development of a strategy for affordable housing 12. Ordinance to TRANSFER four(4) positions and associated funding from the Department of Human Services re support purchasing and Public Works staffing needs for construction projects L. PLANNING 1. CARL JOSEPH&VICTORIA MATHER TREMAGLIO for a Street Closure re 7.5-foot by 50-foot portion of an unimproved alley adjacent to 209 55th Street DISTRICT 6 (Formerly District 5—Lynnhaven) RECOMMENDATION: APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMr1"1EE HEALTH SERVICES ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMI'1'1'EE PARKS AND RECREATION COMNIISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents)is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e 176f86a9e88bc9f78199b 1 d497da2466 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 1, 2022. I. CITY COUNCIL'S BRIEFING - Conference Room- 3:30 PM A. CANNABIS CONTROL AUTHORITY OVERVIEW Jeremy Preiss, Chief of Regulatory Policy & External Affairs Virginia Cannabis Control Authority Ngiste Abebe, Director of Public Policy Columbia Care II. CITY COUNCIL LIAISON REPORTS 4:30 PM III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Reverend Pastor Todd Woolston Real Life Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 18, 2022 2. FORMAL SESSION October 25, 2022 G. MAYOR'S PRESENTATIONS 1. COLOR THE WORLD ORANGE DAY PROCLAMATION 2. VB SIGN WARS RESOLUTION Brandon "Shaggy" Stokes 3. HOPE HOUSE FOUNDATION RESOLUTION Lynne Seagle _ 1 * At, op .,*woo rottama,t Conpkx fional(Pain Syndrome(CRPS, also bourn as q4ffeX.Sympathetic(Dystrophy ASO is a nertie drsOrderthat rouses chronic papa;and W hair: 'The symptoms of C`R.S/cJi)are des of the initial' and int�� cri6edas burning that is out of proportion to the severity jam' swelling and torente sensitivity to touck and max Whia MPSAR,S0 wasfirst identified*during the Civil.War,it remains a poorly understood cortion.2lrere is no cure;and `W nerrus 'The National Institute of Neumhogica(Drsortfers and.Strokf and other institutes of the National Institutes of Health support research rioting to CRSPSA90;and wceAas Wernher:of the CRSPS/.57)community wilt'spread'awareness in November;and Now,Threfoni I,c p6at 9K "Bo66y"(Dyer,JKayor of the City of'GSrginia Beach,Virginia,do hert6y proclaim: November 7, 2022 Color Vie Worlds Orange Oozy In ifruyitia oracf and encourage aIfcitizens,to join me in acknowledging the CCPSAR SAD community as they cek6rate the ninth-annual'Color'Ole World Orange Day to help spread-awareness of this painfiuf and deoigtating disease In Waxen 44 enof, I nave Hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, 4rginia,to 6e affixed mat(Day of?Irovember,Two gltousandaneTwerny-rlivo. 74rddfraael 4p6ert at 'Bobby"Dyer ;ayor �`f, iN1A'BEte Ar---..4.'4 v4i----:Z, r% 9+Sj IAF.jiNTO RESOLUTION WHEREAS:Most ofyou are probably aware of the Sign Wars that have been sweeping Virginia Beach lately. In August, the Sign Wars started with Cinema Cafe asking Haygood Skating Center if it wanted to have a sign war. The Haygood team responded with a message to Cinema Cafe that said, "Hey Cinema Cafe!No one falls asleep while skating."The Sign Wars is racking up views,and hilarious comments,on social media.Nearly 200 businesses have joined the "wars" and other cities are starting to chime in. Virginia Beach wants in on the fun and so instead of posting signage,we'd like to say that: WHEREAS:The City of Virginia Beach has no idea why two of our lifeguards thought they could make pizza,much less that Chichos would spread throughout the region;and WHEREAS:Fuddruckers is a Virginia Beach leader in Christmas Cards received from local cardiologists;and WHEREAS:H000000 really goes to Hooters just for the wings;and WHEREAS: Haygood United Methodist Church has had so many names, it is only by divine intervention that its parishioners have been saved from an identity crisis;and WHEREAS:The movie industry was so affected by COVID-19, Virginia Beach feels like any of the many things we could say about the Pembroke Meadows Cinema Cafe would be piling on;and WHEREAS:The Haygood Skating Center continues to provide great fun for the entire family that immediately precedes a trip to the emergency room. NOW THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to recognize VB Sign Wars for their efforts to promote small business and comradely.As we all know,these past few years have been filled with uncertainty and negativity. VB Sign Wars was created to lift spirits and bring some humor back into our community.Furthermore,every August there will be an annual VB Sign War to commemorate the resilience and unity of our City. Given by the Council of the City of Virginia Beach, Virginia the ISf day of November 2022 and present this Resolution duly signed by each Member of the Virginia Beach City Council. 144 / nLe D 61.„4,/,t_ CounciCryfem6er9tiichael E. 4,1,,,„04.11,,,14, / Ber(ucchi Council Mem6er Linwood O.Branch Counci[Mem6erBarbara M.7fenky Al "Ottitg. y b u Ai C.Q A CounctlMem6er .11 "9pcky"7fo(com6 Council'Mem6eriDe(ceno C.Miles f, nci[NVfem6erJohn I.Moss 0.----/.. --- (.9 e:i 7e....——-c.._ o em6erAaron R,Rpuse Counc Mem6er guy X. Tower Council Item6erSa6rina CD.Wooten 44,41440 Vice Mayor Wqs ry Wilson Mayor 6ert . `Bo66y"Dyer y�.s_ 50c. / ap DUR NATION .1 RESOLUTION WHEREAS:It is doubtful that one could find an individual who has impacted the disability field as demonstrably and for as long a period of time as Lynne Seagle, who joined Hope House Foundation in 1978 and has been the executive director since 1982.It is not an exaggeration to say that Seagle has devoted close to half a century to her passion—the full inclusion and participation in the community of people with intellectual and developmental disabilities;and WHEREAS:In the mid-1980s,Seagle led Hope House Foundation to move the agency from providing support to people in group homes to what they stated was their housing preference. The majority of people arrived at Hope House from state-run institutions. When asked how they would prefer to live, the majority indicated that they preferred their own apartments—an unheard concept at the time. Motivated by these passionately stated preferences, Seagle began what would become decades-long leadership on inclusivity and person-centered services.By 1995, all persons supported by Hope House lived in their own apartments,a first in Virginia;and WHEREAS: With the dearth of affordable,safe housing becoming increasingly challenging as the early 2000s wore on, Hope House knew it needed funding to purchase apartment buildings that would provide affordable housing not only to Hope House consumers,but to the community at large—an innovation that created inclusive communities where people with and without disabilities live and interact;and WHEREAS:As Lynne emerged as a leader in the inclusivity field well beyond Virginia, demand for her insights and assistance grew. Over the years,she has provided consulting services to organizations throughout the United States as well as in Canada,Asia and the UK.And, since its inception in 2006, she has been a leading partner in The National Leadership Consortium on Developmental Disabilities, which was formed to address a void in the leadership of organizations providing services to people with intellectual disabilities;and WHEREAS:It is one thing— and certainly not a small thing— to effect change within one's organization, and her accomplishments in closing group homes;galvanizing a board and staff to embrace massive challenges; and raising private funds to support people with disabilities when government funds proved insufficient or nonexistent is clear;and WHEREAS:In 2021,Lynne was awarded the Outstanding Lifetime Achievement Award by The Arc for her leadership resulting in a significant improvement in supports, services, opportunities, and community inclusion for people with intellectual and developmental disabilities and their families.Seagle's influence has also been applauded over the years by a multitude of professional organizations in the intellectual and developmental disability field: • 1986:Administrator of the Year, Virginia Community Living Association • 1990:Leadership Award,American Association on Intellectual Disabilities • 1995:Future Leaders,Joseph P.Kennedy Foundation • 2019:Advocacy Award, The Arc of Virginia • 2019:Honoree,National Historical Recognition Project NOW THEREFORE, BE IT RESOLVED: For those of us who have benefited from her leadership along with the thousands of people with disabilities who have benefited from her lifelong passion, we say a hearty Thank You!And, enjoy your well-deserved retirement. BE IT FURTHER RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Lynne Seagle and applaud her for her selfless contributions and nourishment that has aided in the success of individuals through the Hope House Foundation. Given by the Council of the City of Virginia Beach, Virginia the IS`day of November 2022 and present this Resolution duly signed by each Member f the jirinia Be City Council. a,/L St a 4 A M0,4, Council-Wernher Michae(E.Berlucchi Council.Wernher Linwood O.Branch Council WernherBar6ara M.Jfenley e i;2 01111 Council rN.�D. "Rgcky"J l fofcom6 CounciMem6er�Delceno C.Miles n cilMem6ein D.Moss Get , Co Went er ron R;Rouse Coun ilMem6er Guy 7X Tower ilMeniderSabrina D.Wooten Vice Mayor emary Wilson Mayor 1pdert . "Bo6 "Dyer H. PUBLIC COMMENT 1. 2023 PROPOSED LEGISLATIVE AGENDA ("154a‘ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Adopting the City's 2023 Legislative Agenda (2) A Resolution to Request the General Assembly Amend the City Charter to Provide a Process for Filling Vacancies in the Office of Member of City Council and Mayor PUBLIC HEARING/COMMENT DATE: November 1, 2022 MEETING DATE: November 15, 2022 • Background: City Council presents a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. • Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and the City Council's appointed boards and commissions. This year's Agenda includes a requested amendment to the City Charter to provide a special election process for the filling of vacancies on the City Council. If this resolution is adopted, the transmittal to the General Assembly will include the publisher's affidavit required of a request to amend a local government charter. • Public Information: A discussion was held with City Council on September 13 and October 25, 2022. A public comment upon the Agenda is scheduled for November 1, 2022. A public hearing for the City Charter request is scheduled for November 1, 2022 after advertisement in the Beacon. • Attachments: Resolutions (2); 2023 Legislative Agenda; Charter Change Exhibit A The 2023 Legislative Agenda is requested by the City Council. The City Charter amendment is requested by Councilmember Moss. REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING THE CITY'S 2023 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2023 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2023 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2023 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 31 day of , 2022. 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MOO LI HIM ._, I „, . , 1111 E MIRYINIIMMIO , 1I• MRS suasionam Mil ' MOM NM -I 11111.11 ..- , —• !1 liii .... lihi. i ,e, num=illli : - — if /-II 11 I 11111 11111 1 - . , ---.-. — III \ 1 111111111M, — , ,-- ,-= 7. - _1 ' II 1 i 11 . .. .. ... •im IN 1111 11111 I . .... . . .. : • GENERAL ASSEMBLY Legislative Agenda 2. 023 SESSION PROPOSED VERSION — October 25, 2022 \-- I Table of Contents CITY LEADERSHIP 3 VIRGINIA BEACH CITY COUNCIL MEMBERS 4 GENERAL ASSEMBLY DELEGATION 5 CONSTITUTIONAL AMENDMENT 6 REDEFINING MARRIAGE TO MATCH CURRENT FEDERAL LAW 6 VB CHARTER AMENDMENT 7 COUNCIL VACANCIES TO BE FILLED BY SPECIAL ELECTION 7 VIRGINIA CODE AMENDMENT 9 ALIGN HOUSING RELATED FOIA EXCLUSIONS WITH ZONING EXCLUSIONS 9 VIRGINIA CODE AMENDMENT 10 REPEAL OF 1% LOCAL TAX ON GROCERIES 10 VIRGINIA CODE AMENDMENT 11 PLAYGROUND EQUIPMENT COOPERATIVE PROCUREMENT 11 VIRGINIA CODE AMENDMENT 12 EXTEND OR MAKE PERMANENT SALES & USE TAX EXEMPTION FOR DATA CENTERS 12 VIRGINIA CODE AMENDMENT 13 SUSPEND CERTIFICATION REQUIREMENTS FOR EMPLOYEES ISSUING PERMITS 13 VIRGINIA CODE AMENDMENT 14 PUBLICATION REQUIREMENTS FOR PROFESSIONAL SERVICES RFPS 14 VIRGINIA CODE AMENDMENT 15 CLARIFICATION OF BONDS REQUIRED FOR ID/IQ CONSTRUCTION CONTRACTS 15 VIRGINIA CODE AMENDMENT 16 OBSTRUCTION OF RIGHT-OF-WAY VIOLATIONS 16 VIRGINIA CODE AMENDMENT 17 TAXATION ON VAPING AND CANNABIS PRODUCTS 17 VIRGINIA CODE AMENDMENT 18 LEAVING VEHICLES UNATTENDED AND RUNNING PROHIBITED 18 POLICY STATEMENT 19 RESILIENCY ISSUES 19 POLICY STATEMENT 20 PROPOSED Virginia Beach 2023 Legislative Agenda 1 CANNABIS RETAIL SALES, LOCAL CONTROL 20 POLICY STATEMENT 21 AFFORDABLE HOUSING 21 POLICY STATEMENT 22 WOMEN'S RIGHT TO REPRODUCTIVE HEALTHCARE 22 STATE BUDGET REQUEST 23 VIRGINIA BEACH MASS SHOOTING PERMANENT MEMORIAL 23 PROPOSED Virginia Beach 2023 Legislative Agenda 2 ‘kb 1 ry '1/2\i'a y N1 R,, CITY LEADERSHIP Patrick A. Duhaney City Manager Kenneth L. Chandler Deputy City Manager Taylor V. Adams Deputy City Manager Monica C. Chaparro Assistant City Manager PROPOSED Virginia Beach 2023 Legislative Agenda 3 ,.,„,,,,,!,,,,,, 1 (..-r: __, ,,A. . Li," ..„,,,, VIRGINIA BEACH CITY COUNCIL MEMBERS Robert M. "Bobby" Dyer Mayor, At-Large Rosemary A. Wilson Vice-Mayor, At-Large Michael Berlucchi District 3 (formerly Rose Hall) Linwood Branch District 5 (formerly Lynnhaven) Barbara M. Henley District 7 (formerly Princess Anne) Norman "Rocky" D. Holcomb District 2 (formerly Kempsville) Delceno Miles District 4 (formerly Bayside) John D. Moss At-Large Aaron R. Rouse At-Large Guy K. Tower District 6 (formerly Beach) Sabrina D. Wooten District 1 (formerly Centerville) PROPOSED Virginia Beach 2023 Legislative Agenda 4 • GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr. Senate District 6 Senator Jen A. Kiggans Senate District 7 Senator William R. DeSteph, Jr. Senate District 8 Senator John A. Cosgrove, Jr. Senate District 14 Delegate Kelly K. Convirs-Fowler House District 21 Delegate C.E. "Cliff" Hayes, Jr. House District 77 Delegate Barry D. Knight House District 81 Delegate Anne Ferrell Tata House District 82 Delegate Timothy V. Anderson House District 83 Delegate Glenn R. Davis, Jr. House District 84 Delegate Karen S. Greenhalgh House District 85 Delegate Angelia Williams-Graves House District 90 Delegate Robert S. Bloxom, Jr. House District 100 PROPOSED Virginia Beach 2023 Legislative Agenda 5 6r:C. b CONSTITUTIONAL AMENDMENT --);1 REDEFINING MARRIAGE TO MATCH CURRENT FEDERAL LAW jJ Sponsored by Councilmember Michael A. Berlucchi Background: The United Nations Universal Declaration of Human Rights proclaims that the right to marry is an inalienable right. The US Supreme Court has stated the right to marry is one of the basic civil rights of man and cannot be infringed upon based on sexual orientation. The right to marry for same-sex couples has been protected in Virginia since 2015. In Obergefell v. Hodges (2015), the Court held that the government may not infringe on a person's fundamental right to marry on the basis of their sexual orientation. Currently, this right to marry would not be protected in Virginia if the US Supreme Court were to overturn the Obergefell case because of Article I, Section 15-A of the Virginia Constitution. Request: The Virginia Beach Human Rights Commission has requested, and the Virginia Beach City Council supports: 1. Repeal of Article I, Section 15-A of the Virginia Constitution; or alternatively, 2. Revision of Article I, Section 15-A of the Virginia Constitution by striking "one man and one woman," and inserting "two consenting adults," as follows: "That only a union between one "nd one woma two consenting adults may be a marriage valid in or recognized by this Commonwealth and its political subdivision." PROPOSED Virginia Beach 2023 Legislative Agenda 6 try VB CHARTER AMENDMENT , COUNCIL VACANCIES TO BE FILLED BY SPECIAL ELECTION 4'0.yMN.° 4v�� Sponsored by Councilmember John D. Moss Background: When a vacancy occurs in a local governing body, the remaining members of the body or board have 45 days to appoint a qualified voter to fill the vacancy. If the governing body fails to make the appointment within the applicable 45 days, the vacancy would be filled by the judges of the circuit court. The person appointed holds the office until the qualified voters fill the vacancy by election and the person elected has qualified. Separately, the Virginia Code requires a local governing body to petition the circuit court for a writ of election to fill a vacancy within fifteen days of the occurrence of a vacancy. The court typically orders the special election for the date of the next general election. If the vacancy occurs within 90 days of the next date of a general election, the local governing body may request the special election be held on the date of the following general election. The local governing body could request a date for a special election earlier than the next general election so long as the date complies with the date requirements of a special election. The following are the applicable requirements of a special election: (a)every special election shall be held on a Tuesday; (b) no special election shall be held within 55 days of a general or primary election; (c) no special election shall be held on the same day as a primary election; and(d) a special election may be held on the same day as a general election. The Virginia Code includes additional limitations upon special elections to fill a vacancy in a local elected body. No special election is to be held if the general election at which the special election is held is scheduled within 60 days of the end of the term of the office or if the general election is scheduled in the same year as the year the term of office expires. The below proposal would replace the current process of interim appointment by the City Council. This request will require a special election to be called for all vacancies. Such special election would be held on the first Tuesday after 60 days of the occurrence of the vacancy. The request includes certain procedures required when the special election would occur in the quiet periods before primary and general elections. Request: The City Council requests Section 3.03 of the City Charter be amended to read as follows: Section 3.03. Filling vacancies in office of councilmember and mayor. Notwithstanding any provision to the contrary in § 24.2-226 of the Code of Virginia, all -vacancies in the office of councilmember men, from whatever cause arising, except where such vacancy occurs due to a resignation to run for the office of mayor, shall be filled by special election to occur on the first PROPOSED Virginia Beach 2023 Legislative Agenda 7 Tuesday after within sixty days of the occurrence of the vacancy. However, if a vacancy occurs within 120 days of the date of the next general election, the qualified voters will fill the vacancy by special election on the date of the general election. If the special election would occur within 55 days of a primary election, the special election to fill the vacancy shall be the Tuesday immediately following the primary election. The person so elected shall hold office for the unexpired portion of the term by a majority vote of the remnifti g members of the council, provided that so long as any of the councilmembers men are elected by and from wards or boroughs the vacancy shall be filled by a qualified voter residing in the same ward or borough. If a vacancy shall occur in the office of mayor, the unexpired portion of the term shall be filled by the same process described above. council shall choose mayor until his successor is elected and qualified in accordance with general Section 24.2-228 of the Code of Virginia regarding interim appointments shall not be applicable to a vacancy in the office of councilmember or mayor. PROPOSED Virginia Beach 2023 Legislative Agenda 8 te,.s.'-uy� VIRGINIA CODE AMENDMENT ALIGN HOUSING RELATED FOIA EXCLUSIONS WITH ZONING �z- ;' EXCLUSIONS �w Sponsored by Councilmember Guy K. Tower Background: During the 2022 General Assembly session, Delegate Angelia Williams-Graves patroned HB980 on behalf of the City of Virginia Beach. On February 8th, 2022 before the House General Laws Committee, Del. Williams-Graves requested that this bill be laid on the table and that the Committee Chair send a letter to the FOIA Council requesting the Council review and take an official position on this legislation. On July 26, 2022 a special committee of the FOIA Council met for the purpose of discussing this proposed bill. The special committee completed its work and planned to make its recommendation at the next regularly scheduled meeting of the FOIA Council. At the October 3rd.2022 meeting of the FOIA Council, the legislation was further discussed among members who were present. However, the Council was 1 member short of a quorum and therefore no official business was able to be conducted. The matter was rescheduled to be introduced at the FOIA Council's next meeting. At that time, pending the presence of a quorum, the Council will vote on whether and in what form to make its recommendation to the General Assembly during the 2023 session. Request: The City Council requests that HB980 from the 2022 General Assembly session be re- introduced, and further requests the endorsement of the FOIA Council for its adoption. PROPOSED Virginia Beach 2023 Legislative Agenda 9 as�e` 0VIRGINIA CODE AMENDMENT --- REPEAL OF 1% LOCAL TAX ON GROCERIES Sponsored by Councilmember John D. Moss Background: The General Assembly recently adopted and the Governor has signed the biennial budget for FY2022-23 and FY2023-24. This budget included text amendments to Virginia Code § 58.1- 611.1 to remove the state sales and use tax on food purchased for human consumption and essential personal hygiene products. The state budget did not alter the local sales and use tax on food purchased for human consumption and essential personal hygiene products. The City Council desires the General Assembly provide enabling authority for a locality to adopt an ordinance to remove the local tax on food purchased for human consumption. At present the applicable provisions of Virginia Code §§ 58.1-605 and 58.1-606 do not provide an option to locally exempt certain classes of products from the local retail sales and use tax. Request: The City Council requests Virginia Code §§ 58.1-605 and 58.1-606 be amended to authorize the City Council to adopt an ordinance exempting food purchased for human consumption from the local retail sales and use tax. PROPOSED Virginia Beach 2023 Legislative Agenda 10 ^' M VIRGINIA CODE AMENDMENT (7 l � PLAYGROUND EQUIPMENT COOPERATIVE PROCUREMENT M A Sponsored by Councilmembers Linwood Branch and Norman "Rocky" D. Holcomb Background: Currently, the procurement statute § 2.2-4304 does not allow design and construction to be performed by the same entity. For playgrounds, installers must be certified to install a specific manufacturer's equipment for familiarity and to support warranty on products. The proposed change to include playground installations would enable localities to utilize cooperative procurement agreements for the concept planning/assembly drawings, purchase of materials/equipment and subsequent installation/assembly of playground equipment. This change would streamline procurement for playgrounds and make the entire process from concept planning to installation much more efficient. Request: The City Council requests that "playground installation" be added as an exemption under Virginia Code § 2.2-4304 from construction limitation under the cooperative procurement statute. PROPOSED Virginia Beach 2023 Legislative Agenda 11 e..,,,,..„.„ VIRGINIA CODE AMENDMENT • , 10, --�_ EXTEND OR MAKE PERMANENT SALES & USE TAX EXEMPTION L'I� s r;, P FOR DATA CENTERS Sponsored by Councilmember John D. Moss Background: Data centers are a primary driver of economic growth in Virginia, comprising $6.8 billion or 62% of all major economic investments announced last year by the Virginia Economic Development Partnership, according to a report released by the Northern Virginia Technology Council (NVTC). Data centers accounted for as many as 5,550 operational and 10,230 construction and manufacturing jobs, $1.6 billion in employee pay and benefits and $7.5 billion in economic output in 2021, the NVTC report found. Data centers had an approximate total impact of about 45,460 jobs, $3.6 billion in pay and benefits, $15.3 billion in economic impact and generated about$174 million in revenue for the state and about$1 billion in local tax revenue. Currently there is an exemption from taxation in Virginia for equipment leased or purchased for use in data centers. The current exemption sunsets in 2035. Realizing that this is indeed 12 years away, it is important for data center owners and developers to have this certainty when deciding to locate in Virginia, so that as their equipment reaches obsolescence, they can be assured that this incentive will remain. Request: The City Council requests that Virginia Code Section 58.1-609.3, subsection 18.a, be amended to extend or eliminate the sunset provision to allow exemption from taxation equipment leased or purchased for use in data centers. PROPOSED Virginia Beach 2023 Legislative Agenda 12 r�B .. VIRGINIA CODE AMENDMENT {1 : SUSPEND CERTIFICATION REQUIREMENTS FOR EMPLOYEES . � ISSUING PERMITS Sponsored by Councilmember John D. Moss Background: Current law requires new employees issuing permits to have at least 3 years' experience and undergo a certification process per the Virginia Construction Code("VCC"). The VCC is only updated every 3 years, and the next cycle is not until 2024. Temporary suspension of this requirement would widen the pool of applicants during the present statewide hiring crisis for these hard-to-fill positions. Request: The City Council requests that the General Assembly direct the overseeing agency, the Department of Housing and Community Development ("DHCD"), to suspend this requirement immediately, recognizing that this is in advance of next 3-year cycle for updating of Virginia Building Codes. City Council further requests that if adopted, a requirement be included that all employees hired to issue permits that do not hold such certifications be subject to supervisory and oversight restrictions, including but not limited to direct supervision by a VCC certificated employee, and such other oversight and training requirements as deemed necessary and appropriate by DHCD to ensure the integrity of the permit-issuing system throughout the Commonwealth. PROPOSED Virginia Beach 2023 Legislative Agenda 13 ' VIRGINIA CODE AMENDMENT PUBLICATION REQUIREMENTS FOR PROFESSIONAL SERVICES REQUESTS FOR PROPOSALS Sponsored by Councilmembers Delceno Miles and Aaron R. Rouse Background: The General Assembly prescribes the manner of advertisement for certain types of procurement. For construction, it is permissible to post an invitation to bid on the Virginia Department of General Services central electronic procurement website or the locality's website, and the locality retains the option of publishing the invitation to bid in a newspaper of general circulation. For professional services,such as architecture and engineering services, a locality may avoid publication in the newspaper only through the posting on the Department of General Services central electronic procurement website. The City desires to align the statutory requirements for posting professional services solicitations with those requirements for construction. The use of the City's website allows for more targeted solicitation and avoidance of unnecessary costs associated with publication in the newspaper. Request: The City Council requests Virginia Code § 2.2-4302.2 be amended to mirror the publication requirements in § 2.2-4302.1(2). For reference, the applicable text of§ 2.2-4302.1(2) is as follows: 2. Public notice of the Invitation to Bid at least 10 days prior to the date set for receipt of bids by posting on the Department of General Services' central electronic procurement website or other appropriate websites. In addition, public bodies may publish in a newspaper of general circulation. PROPOSED Virginia Beach 2023 Legislative Agenda 14 e},csr3•-�„),k-, VIRGINIA CODE AMENDMENT r: CLARIFICATION OF BONDS REQUIRED FOR INDEFINITE DELIVERY 41,,, / INDEFINITE QUANTITY CONSTRUCTION CONTRACTS Sponsored by Councilmembers Delceno Miles and Aaron R. Rouse Background: The General Assembly has recently acted to reduce the bonding requirements for certain types of construction contracts. Most recently, SB258 and SB259 in the 2022 General Assembly increased the bond thresholds for transportation projects and removed the prequalification requirement for other bond waiver projects. One specific type of construction contract that has heretofore not been addressed is indefinite delivery / indefinite quantity (IDIQ) construction contracts. IDIQ contracts make no guarantee of work,but these contracts allow a public entity to establish pricing and issue task orders on an "as-needed" basis. IDIQ contract establish an annual not-to-exceed cap for the total work that can be authorized for such contract. The Virginia Public Procurement Act and specifically § 2.2-4337 require performance and payment bonds "in the sum of the contract amount" for any public construction contract above the statutory thresholds. In the context of IDIQ,there have been two approaches. One approach requires performance and payment bonds in the amount of the annual not-to-exceed cap for the total work that can be authorized. The other approach is to require bonds for the dollar amount of the individual tasks. The City of Virginia Beach, in concert with the Minority Business Council, continues to look for opportunities to remove potential barriers to participation in City contracts by Small, Women, and Minority-owned (SWaM) businesses. Because large bond amounts can create a barrier to participation by SWaM businesses, the City seeks clarification regarding the required bonds for IDIQ contracts. Request: The City Council requests Virginia Code§2.2-4337 be amended to authorize the City Council to adopt an ordinance regarding the performance and payment bonds for indefinite delivery / indefinite quantity construction contracts. If adopted, the ordinance would elect to require performance and payment bonds to be provided by contractors based on the dollar amount of the individual tasks instead of the annual not-to-exceed cap. PROPOSED Virginia Beach 2023 Legislative Agenda 15 c-. VIRGINIA CODE AMENDMENT 4. r+J, OBSTRUCTION OF RIGHT-OF-WAY VIOLATIONS •11yy�� Sponsored by Councilmember Guy K. Tower Background: The City's Resort Advisory Commission has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However, the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket, with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City Council requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety- related offenses and violations during the pendency of a court hearing or other final disposition. PROPOSED Virginia Beach 2023 Legislative Agenda 16 0..1k:IL VIRGINIA CODE AMENDMENT TAXATION ON VAPING AND CANNABIS PRODUCTS CdL N�ea Sponsored by Councilmember Guy K. Tower Background: In the 2020, 2021, and 2022 State Budgets, the General Assembly approved a statewide tax on liquid nicotine (aka "vape juice") at a rate of 6.6 cents per milliliter. It has been in effect since July 1, 2020 as a source of state revenue. House Bill 30 from the 2022 General Assembly session also directed the Joint Subcommittee to Evaluate Tax Preferences to continue studying options for the modernization of Virginia Code§58.1-1001(A)to reflect advances in science and technology in the area of tobacco harm reduction, and the role innovative non-combustible tobacco products can play in reducing harm. In addition, the Joint Subcommittee has been tasked to study possible reforms to the taxation of tobacco products that will provide fairness and equity for all local governments and also ensure stable tax revenues for the Commonwealth. It is expected that there may be legislation in the upcoming session that addresses adult use cannabis for retail sale. The City wishes to have included in this legislation a mechanism for collection of a local tax on these products in order to address locality-specific issues arising from such legalization and use of these products. Request: The City Council requests the General Assembly grant statewide authority for local governments to establish an excise tax on the sale of vaping products and the sale of cannabis and cannabis-related products. PROPOSED Virginia Beach 2023 Legislative Agenda 17 &r.f. • )1 44,E , VIRGINIA CODE AMENDMENT LEAVING VEHICLES UNATTENDED AND RUNNING PROHIBITED Sponsored by Councilmember Norman "Rocky" D. Holcomb Background: The Virginia Beach Police Department has been experiencing a significant number of auto thefts due to drivers leaving their cars running and unattended in such places as convenience store parking lots. As a matter of public safety, keeping unattended cars secure is a priority, and the City supports legislation that would give the police a tool that would deter this dangerous practice that has become quite commonplace. Request: The City Council requests the General Assembly adopt legislation to allow localities to impose a civil penalty for leaving vehicles unattended and running on a highway or in a public place (e.g., parking lot) in order to promote public safety and deter auto theft. PROPOSED Virginia Beach 2023 Legislative Agenda 18 ,, 0 ; POLICY STATEMENT RESILIENCY ISSUES Sponsored by Councilmember Barbara Henley Policy Statement: The City Council supports statewide and regional resiliency efforts that benefit Virginia Beach by submittal of grant applications, implementation of projects, participation in studies, etc. including but not limited to: - Implementation of local projects in the JLUS Study - HRSD Climate Resilience Study - Partnership with Volpe Center on integrating resilience into transportation modeling and planning - Roadway Flooding Sensors Project funded by Implementation Grant from Office of Local Defense Community Cooperative - Regional Resilient Stormwater Management Design Guidelines PROPOSED Virginia Beach 2023 Legislative Agenda 19 0utv paw'_ 1 ,.,z, POLICY STATEMENT � �� CANNABIS RETAIL SALES, LOCAL CONTROL Sponsored by Councilmembers Sabrina Wooten, Michael Berlucchi, Guy Tower Policy Statement: While medical-use and personal use cannabis is legal in certain circumstances in Virginia, localities have no zoning or local taxing authority or ability to hold a referendum to decide whether or not a community wants marijuana retail businesses to operate in its boundaries. The City Council is in support of legislation that: - Gives localities liberal local ordinance and zoning authority - Provides a statutory role for localities in the licensing process - Allows for expanded taxation for localities PROPOSED Virginia Beach 2023 Legislative Agenda 20 1,,,,.. rtif.0.1 POLICY STATEMENT ` AFFORDABLE HOUSING Sponsored by the Virginia Beach City Council Policy Statement: The City Council is in support of legislation that: - Enables localities to incentivize affordable housing, as defined by the locality, in site development and the City's comprehensive plan - Preserves and promotes local planning and zoning authority - Creates a statewide portal to attract and assist developers PROPOSED Virginia Beach 2023 Legislative Agenda 21 e5C‘ C r1 POLICY STATEMENT „J WOMEN'S RIGHT TO REPRODUCTIVE HEALTHCARE Sponsored by Councilmembers Aaron R. Rouse and Guy K. Tower Policy Statement: Virginia law provides that an abortion can be performed during the first two trimesters of a woman's pregnancy. After that, it can only be performed if the patient's life is at risk or if three physicians certify that the continuation of the pregnancy is likely to substantially and irremediably impair the patient's mental or physical health. (Va. Code §18.2-72 and 73). Bills are expected to be introduced in the 2023 session to restrict a woman's right to reproductive healthcare. The Virginia Beach Human Rights Commission has requested support of the current law and objection to any changes that would take away these rights. The City Council supports the Virginia Human Rights Commission's request to keep intact the present law in Virginia regarding women's rights to reproductive healthcare, specifically the provisions of Va. Code §18.2-72 and 73. PROPOSED Virginia Beach 2023 Legislative Agenda 22 ce.:..Z.N. ii: , ;,, ;I STATE BUDGET REQUEST ' = '' VIRGINIA BEACH MASS SHOOTING PERMANENT MEMORIAL Sponsored by Virginia Beach City Council Background: In the aftermath of the 5/31/2019 mass shooting in Virginia Beach, victims' families, survivors, members of the public and recovery professionals advised City Council that installation of a permanent memorial is a critical component for the community to heal, recover, and move forward. Following this advice, the City Council established the 5/31 Memorial Committee and hired consulting firm Kearns & West to facilitate the memorial planning process. In September 2022, the City issued a nationwide Request for Qualifications (RFQ) from professional design teams, and from the submissions the 5/31 Memorial Committee will select two finalists to submit conceptual design proposals and budgets for the memorial. Each finalist will be awarded a $10,000 stipend. The Committee will select one design team for recommendation to City Council based on their written and visual conceptual design and qualifications. This will occur in early Spring 2023, with construction anticipated to begin in FY24. Research has revealed that budgets of comparable memorials range from $2-5 million, with funds comprised of state, local and private support. The City has been funding the memorial efforts for the consultant, staff and administration for the Committee as well as associated incidentals, and is at the point where further financial resources are necessary. Request: For the upcoming December Governor's budget amendments, the City requests an allocation of$2 million to assist the City in the construction of a permanent memorial in remembrance of the victims of 5/31. PROPOSED Virginia Beach 2023 Legislative Agenda 23 is t Vi 4)---i M, •• „‘ ,,„, i „,,, ,, ,...,--------4 L-----„' ----t ...._,..., „ ,"„,„„,,„ 41 "II' rlri 1" \\� /rrr rrr r r ; tit 1 .. i. lifiEni E , ,,,,,,,,,. :. 0 II 0 II r—it III one witoigm.• IMMO IN A IP, s<j)3 ii -lut ft mr ) ! , _, , ! .6 i to LJ fl 1 ;� _al c il 1 !1 IL11 m •iL] tr:t illb ff,), • ft ti ii I �� it m.. 3,t - _ -G�r1IA•B Office of the City Manager �ti4 4' Debra M. Bryan, Esq. Municipal Center— Bldg 1 ok ` ' 3 Legislative Affairs Liaison 2401 Courthouse Drive r 1. > Office: (757) 385-4242 Virginia Beach, VA 23456 v .>" §_ .. �; Cell: (757) 375-6630 www.vbgov.com C. c' '...,.> dbryan@vbgov.com S Op OUR NAr0,0 . I. PUBLIC HEARINGS 1. PROPOSED CHARTER AMENDMENT Filling vacancies on City Council 2. ACQUISITION, BY AGREEMENT OR CONDEMNATION Winston-Salem Avenue Corridor Improvements Project 3. LEASE OF CITY PROPERTY—AGRICULTURAL PURPOSES 9 +/- acres located at 2848 Indian River Road 186 +/- acres located at 3419 North Landing Road 4 49Th; Public Notice Proposed Charter Amendment Filling Vacancies on the City Council On Tuesday,November i,2022,at 6:00 PM in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia,the Virginia Beach City Council will hold a public hearing to provide citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter.The following is an informative summary of the proposed amendment. The text of the amendment is posted at www.vbgov.com under the topic'Legislative Agenda'. This proposed amendment to the City Charter will amend Section 3.03 to change the method of filling vacancies in the office of member of the City Council and Mayor.If adopted,all vacancies except those occurring within 120 days of the next general election will be filled by special election called within 60 days of the occurrence of the vacancy. The amendment includes technical language to avoid the holding of such special election during the period of time prior to and including the date of a primary election wherein special elections are prohibited. If this item is approved by the Council,it will become part of the City's Legislative Agenda. The hearing is open to the public and all interested citizens will have an opportunity to be heard.Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at(757)385-4303. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the Webex at J1ttDsJJvbecv.webex.conVvbgov/onstage/e.ohp ?MT1D.e176f86a9e88bcM7 3.192. da24 2. Register with the City Clerk's Office by calling (757)385-4303 prior to 5:00 PM on November 1,2022. If you are physically disabled or visually impaired and need assistance at this meeting,please call(757)385- 4303.For hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-October 16,2022 REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO PROVIDE A PROCESS 3 FOR FILLING VACANCIES IN THE OFFICE OF MEMBER 4 OF CITY COUNCIL AND MAYOR 5 6 WHEREAS, the City Council held a public hearing at its November 1, 2022 meeting 7 to receive input from the residents regarding a proposed amendment to the City Charter; 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA, THAT: 11 12 The City Council hereby requests the General Assembly amend § 3.03 of the City 13 Charter to provide a process for filling vacancies in the office of member of the City 14 Council and mayor. The attached Exhibit A, which is incorporated herein, provides the 15 requested text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15960 R-1 October 26, 2022 EXHIBIT A FILLING VACANCIES IN THE OFFICE OF COUNCILMEMBERS AND MAYOR SPONSORED BY COUNCILMEMBER JOHN MOSS Background: When a vacancy occurs in a local governing body, the remaining members of the body or board have 45 days to appoint a qualified voter to fill the vacancy or, in the case of the City where a local charter provision applies, there are 60 days to fill the vacancy. If the governing body fails to make the appointment within the applicable period, the vacancy would be filled by the judges of the circuit court. The person appointed holds the office until the qualified voters fill the vacancy by election and the person elected has qualified. Separately, the Virginia Code requires a local governing body to petition the circuit court for a writ of election to fill a vacancy within fifteen days of the occurrence of a vacancy. The court typically orders the special election for the date of the next general election. If the vacancy occurs within 90 days of the next date of a general election,the local governing body may request the special election be held on the date of the following general election. The local governing body could request a date for a special election earlier than the next general election so long as the date complies with the date requirements of a special election. The following are the applicable requirements of a special election: (a) every special election shall be held on a Tuesday; (b) no special election shall be held within 55 days of a general or primary election;(c)no special election shall be held on the same day as a primary election; and (d) a special election may be held on the same day as a general election. The Virginia Code includes additional limitations upon special elections to fill a vacancy in a local elected body. No special election is to be held if the general election at which the special election is held is scheduled within 60 days of the end of the term of the office or if the general election is scheduled in the same year as the year the term of office expires. The below proposal would replace the current process of interim appointment by the City Council. This request will require a special election to be called for all vacancies. Such special election would be held on the first Tuesday after 60 days of the occurrence of the vacancy. The request includes certain procedures required when the special election would occur in the quiet periods before primary and general elections. Request: The City Council requests Section 3.03 of the City Charter be amended to read as follows: Section 3.03. Filling vacancies in office of councilmember-men and mayor. Notwithstanding any provision to the contrary in § 24.2-226 of the Code of Virginia, all vacancies in the office of councilmember men, from whatever cause arising, except where such vacancy occurs due to a resignation to run for the office of mayor,shall be filled by special election to occur on the first Tuesday after within sixty days of the occurrence of the vacancy. However, if a vacancy occurs within 120 days of the date of the next general election, the qualified voters will fill the vacancy by special election on the date of the general election. If the special election would occur within 55 days of a primary election, the special election to fill the vacancy shall be the Tuesday immediately following the primary election. The person so elected shall hold office for the unexpired portion of the term by a vote-of the-r i„g me ers of- u„eili provided that so long as any of the councilmembers men are elected by and from wards or boroughs the vacancy shall be filled by a qualified voter residing in the same ward or borough. If a vacancy shall occur in the office of mayor, the unexpired portion of the term shall be filled by the same process described above. council shall choose by a majority veto o f the remaining memboers t hereof en of its members to mayor Section 24.2-228 of the Code of Virginia regarding interim appointments shall not be applicable to a vacancy in the office of councilmember or mayor. are,�t 44‘ z ; s, r 4 M.Va° PUBUC HEARING ACQUISMON.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday, November 1,2022 at 6:00 p.m.in the Council Chamber of the City Hall (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia on the proposed acquisition, by agreement or condemnation,of the easements necessary for the Winston- Salem Avenue Corridor Improvements Project,CIP 100489 (formerly CIP 9- 006).The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for this project. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385.4303; Hearing Impaired, call 1-80G-828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building #23, 2473 North Landing Road, at the Virginia Beach Municipal Center,(757)385-4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: pttps//vhgnv wPh'x r.nmjvheu, ictaee/g4thpt'7MTIIl=P 7 76fRFvrt APRRhr9f7R199hl r1497rta94Rf 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on November 1, 2022. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk BEACON-OCTOBER 23,2022 i: v" ce ti,,�v i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize acquisition of temporary and permanent easements for the Winston Salem Avenue Corridor Improvements Project, CIP 100489 (formerly CIP 9-006), either by agreement or condemnation. PUBLIC HEARING DATE: November 1, 2022 MEETING DATE: November 15, 2022 • Background: The Winston Salem Avenue Corridor Improvements Project, CIP 100489 (formerly CIP 9-006) (the "Project") will provide improved vehicular and pedestrian access and connections along Winston-Salem Avenue and create a safer transition from the resort area to the adjacent residential neighborhood. The Project will construct a two-lane roadway with the potential for on-street parking and a 5-foot-wide sidewalk on the north side and a 9-foot sidewalk on the south side of Winston Salem Avenue within a 50-foot right-of-way along Winston Salem Avenue, between Pacific Avenue and Mediterranean Avenue. In addition, the Project will include improvements to the stormwater system and public utilities (water and sewer). • Considerations: The Project will require the acquisition of temporary and permanent easements from 6 properties. No people or businesses will be displaced by the Project. Authority is requested to acquire the necessary easements (temporary and permanent) by agreement or, if necessary, by condemnation. • Public Information: A Citizen's Update meeting was held on November 23, 2019. A public hearing was held on November 1, 2022, and public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Ordinance, which will delay the Project. • Recommendations: Approval. • Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineerin City Manager: ern) 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE 4 WINSTON SALEM AVENUE CORRIDOR 5 IMPROVEMENTS PROJECT, CIP 100489 6 (formerly CIP 9-006), EITHER BY AGREEMENT 7 OR CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City, enhance pedestrian safety, improve the stormwater system, 12 upgrade public utilities and for other related public purposes for the preservation of the 13 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 14 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., and Title 25.1 of the Code of 21 Virginia of 1950, as amended, of all those certain temporary and permanent easements 22 (the "Property"), as shown on the plans entitled "WINSTON SALEM AVENUE CORRIDOR 23 IMPROVEMENTS" (the "Project"), and more specifically described on the acquisition plats 24 for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on 25 file in the Engineering Division, Department of Public Works, City of Virginia Beach, 26 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 day of 35 , 2022. CA15809 PREPARED: 10/11/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d022\p049\00832989.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY C, SI A URE CITY ATTORNEY p " e„\ DEPARTMENT • - N `� .' 8 H 81b^ , ‘44C`, It W .. .__ 7 i\,1 k e Jam. y .>- 4 i 4"1111164,4 I illig . r vi VI 1 L_,.. .1111, 4C3111°4:11‘ ,. *I.:- -••'''A 0 it tt n Op � ` sK ,} } r � i 3 O -# 9 sARC7\C PVE : , a O. E < t. t . r Q CO as t. - ' ' '7,,.4,-;:ia a Z Ne•`C Z il ll .-. >- is r t t i -t rF - ;C..g �� • CCO D �-� +0 - A�� 4 -\, .,f .t w a 4'II ti , ..;. , .':et, . • 11 %lit , ` _ e r�Al ., 'j.._s Sr \ h ,„..... _ # • ...'i,.it . ..1., - we 1 7T . 9°-; ..." - .. - , ''''.1.":,..v... A ,,,,„, :s6 ,� ;" t ffi O V ._. ♦.. w mot" 7 *fe\ ' `.� ami S Z -) 8 v^l8rHloO`tea N4 _ (et.\.(4) \.,,..„ ilit,,, p 1,c7.: . ....*-- ........ - ...,.v. ,..,-,,-...,,,,,2,. , ,- * ram 'A - ,J ins *; L , , I# •%::---' iii 001-_ iii- 1 • __,.... ik 4911 fL 4: 111 i , k,-.:7. .,__,i,,., ,. . o PRGj\G P'E ff„C ct I- --,...„ 40.. --'"\-- - ' --'* et 4,,,41 L` 1, Nic • 1�. � r4 'i LT 7Ja ;r , a Q , Wig °' a� Z - " 'Ifs," f z . V ° - a _i ,, V 2 o ' \ li itit -.i �� p T`t- TT r 1 r ‘It- "ic, ./... ,,,, _;. 11161-;'eli4-. ' .," It i Si t. . ...., , Alltje �' ; s aPL1`G PVE r ' ' ,; ' ' - I I I iiiil 1 4.-111- -.141 t "`-'- • vil .. -.„--„L, , _ .......... , _ . _ - .1, ... I .,,_. ,_. . , ,i,.. is :.,4:v.:-.:;,_. , . .. _ _ M.+_ .4•. ; - -fir i Q ok ill • W ILI F-,! ,_ dir ems' H %1st lie „. . „ _ , ..,,ok. .. ....‘.. „ ' rn• e' U. a "5 _ '• LL ; 4/1' "' r "[y i.--V 1 O W I' -I 1 TT d at� V �` Z .Ait ,,, V. „., 4 �' ^'t` p11 F S c m 'aF e t f s.. ME ' Mi C 0_ v W Q d 4 , C)- 40,...,.. , ,-.....---4, f.,:l • •-,,t (ems,.. ,Iii ,,,,i::,....e.,.,c..„;:o..,y ,... ....„.„ PUBUC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday. November 1,2022.at 6:00 p.m.in the Council Chamber,City Hall-Bldg.1,at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the following: 1) Lease to Dawley Family Farms,LLC of City-owned land consisting of approximately 9 acres located at 2848 Indian River Rd (Part of GPINs: 1493-43-2693 and 1493-43- 0050) for agricultural purposes. 2) Lease to Land of Promise Farms Partnership of City- owned land consisting of approximately 186 acres located at 3419 N. Landing Road (GPIN: 1483-95-6756) for agricultural purposes. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CRY CLERK'S OFFICE at 385-4303; Hearing impaired.call 711(Virginia Relay). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office,Municipal Center, Bldg. 18. Room 228. phone number (757)385 5659. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at rift nsJ1vhgov-wehtx rnrriivbgav/ pnctage/Q nhp?MTIr)-e17RfRM 9pRRhr4f7R1 ggh1 d497da24M 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on November 1, 2022. All interested parties are invited to participate. Amanda Barnes.MMC City Clerk BEACON-OCTOBER 23,2022 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 9+/- acres of City- Owned Farmland at 2848 Indian River Road for up to five(5)years with Dawley Family Farms, LLC 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease for 186 +/- acres of City- Owned Farmland on Indian River Road and North Landing Road for up to five(5) years with Land of Promise Farms Partnership 3. Resolution to REQUEST the Virginia Beach School Board participate in the upcoming Disparity Study(Requested by Council Members Holcomb, Miles, and Rouse) 4. Ordinance to AWARD a $5,000 Community Services Micro-Grant to Speak Up for a Change re support hunger relief and other charitable activities(Requested by Council Member Miles) 5. Ordinance to AWARD a $5,000 Community Services Micro-Grant to Christian Resource Center re support its community resource center operations (Requested by Council Member Miles) 6. Ordinance to AMEND City Code Section 35-42 re administration of disabled veteran personal property tax exemptions (Requested by Commissioner of Revenue) 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Drainage and Maintenance Easements located at the rear of 780 Los Colonis Drive re construct and maintain two (2) wood docks, flexamat ramp, two (2) wood bulkheads, and a gravel driveway, and to convert an existing floating dock to a fixed dock, and to maintain an existing wood dock, gravel fire pit, and rip-rap DISTRICT 2 (Formerly District 7 — Princess Anne) 8. Resolution to ESTABLISH Pahala Park, LLC d/b/a Coastal Event Medical Management and AUTHORIZE annual EMS Permit re private ambulance services 9. Ordinance to ACCEPT and APPROPRIATE $126,000 from Federal Funds to the FY 2022-23 Police Department Operating Budget re training and travel to enhance law enforcement mental health and wellness programs 10. Ordinance to ACCEPT and APPROPRIATE $35,000 from State Funds to the FY 2022-23 Police Department Operating Budget re overtime, the purchase of equipment, travel, and training to enhance efforts to address internet crimes against children 11. Ordinance to TRANSFER $100,000 from the General Fund Reserve to the Department of Housing and Neighborhood Preservation re conduct an updated housing study with a focus on development of a strategy for affordable housing 12. Ordinance to TRANSFER four (4) positions and associated funding from the Department of Human Services re support purchasing and Public Works staffing needs for construction projects I•NM E4; 111 kr' V-i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease For 9+/- Acres of City-Owned Farm Land Located at 2848 Indian River Road (the "School Farm") for Up to Five (5) Years with Dawley Family Farms, LLC MEETING DATE: November 1, 2022 • Background: The City of Virginia Beach (the "City") owns property located at 2848 Indian River Road (GPINs: 1493-43-2693 and 1493-43-0050) consisting of 26+/- acres (the "Property"). The City acquired the Property in 2014 as part of the Oceana and Interfacility Traffic Area Acquisition Program and funded the acquisition in partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing 50% of the funds. The City has no immediate use for the Property and recognizes that farming the Property would be of benefit to the City, since it would alleviate the City's maintenance responsibilities and further keep the Property from devolving into wetlands in an undesired area. The City issued a Request for Proposals ("RFP") for a 9+/- acre portion of the Property (the "Premises") and received one submittal from Dawley Family Farms, LLC, a Virginia limited liability company ("Dawley"). Dawley offered annual rent of$270, along with payment of leasehold taxes. Dawley has been leasing the Premises from the City for the past five years and desires to enter into a new lease agreement to utilize the Premises for farming and related agricultural purposes. • Considerations: The term of the Lease would be for five (5) years. The City has the right to terminate the Lease with ninety (90) days' notice. For more specific terms, see the Summary of Terms attached to the Ordinance. • Public Information: A public hearing was advertised in The Virginian Pilot on October 23, 2022 and will be held on November 1, 2022. Public information will also be provided through the normal City Council agenda process. • Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the Premises. • Recommendation: Approval • Revenue restrictions: The proceeds from each annual rent payment in the amount of $270 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #100282, Oceana & ITA Conformity & Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. Should the City sell the Property in the future, the grant agreement provides that the amount to be refunded to the Commonwealth will be reduced by the interim payments made. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: /' 'ik ' 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 9+/- 3 ACRES OF CITY-OWNED FARM LAND LOCATED 4 AT 2848 INDIAN RIVER ROAD (THE "SCHOOL 5 FARM") FOR UP TO FIVE (5) YEARS WITH 6 DAWLEY FAMILY FARMS, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2848 9 Indian River Road in Virginia Beach, Virginia, consisting of 26+/- acres (GPINs: 1493- 10 43-2693 and 1493-43-0050) (the "Property"); 11 12 WHEREAS, the City acquired the Property pursuant to the ITA Acquisition 13 Program, an element of the City's BRAC response program through a partnership with 14 the Commonwealth of Virginia (the "Commonwealth"), with each party contributing 50% 15 of the funds; 16 17 WHEREAS, a portion of the Property consisting of 9+/- acres (the "Premises") 18 has been used for farming and agricultural purposes since its acquisition, and continued 19 farming of the Premises would benefit the City by alleviating the City's maintenance 20 responsibilities and keeping the Property from devolving into wetlands in an undesirable 21 area; 22 23 WHEREAS, the City issued a Request for Proposals ("RFP") for continued 24 farming of the Premises and received one submittal from Dawley Family Farms, LLC, a 25 Virginia limited liability company ("Dawley"); 26 27 WHEREAS, Dawley has been leasing the Premises from the City for the past five 28 years and desires to continue leasing the Premises for farming and related agricultural 29 purposes; and 30 31 WHEREAS, Dawley has agreed to pay the City rent in the amount of $270 32 annually, along with payment of leasehold taxes. 33 34 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 1. That the City Manager is hereby authorized to execute a lease for up to 38 five (5) years between Dawley Family Farms, LLC and the City for the Premises, in 39 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 40 hereof, and such other terms, conditions, or modifications as may be acceptable to the 41 City Manager and in a form deemed satisfactory by the City Attorney. 42 43 2. That revenue from the lease of the Premises in the annual amount of $270 44 shall be received and fifty percent (50%) of this amount shall be deposited for 45 appropriation in future Capital Improvement Program capital budgets in #100282, 46 Oceana & ITA Conformity & Acquisition II, and fifty percent (50%) shall be deposited for 47 future payment by the City Manager to refund the Commonwealth's portion in 48 accordance with the grant agreement. 49 50 This ordinance shall be effective from the date of its adoption. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 53 , 2022. APPROVED AS TO CONTENT APPROVED AS TO CONTENT D4 J41 ,(,s.i 1 1 r L. Public WorksIFacilitI s Management Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY AND FORM l ,.// / Odir- 4. CA15632 1lvbgov.comldfsl lapplicationslcltyiavelcyicom321wpdocsld0171p042100837803.doc R-1 October 18, 2022 EXHIBIT A SUMMARY OF TERMS LEASE FOR A 9+/- ACRE PORTION OF CITY-OWNED FARM LAND LOCATED AT 2848 INDIAN RIVER ROAD LESSOR: City of Virginia Beach LESSEE: Dawley Family Farms, LLC PREMISES: 9+/- acres of farm land located at 2848 Indian River (Portion of GPINs: 1493-43-2693 and 1493-43-0050) TERM: Five (5) years (January 1, 2023 through December 31, 2027) RENT: $270/annually (approximately $30/acre per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Pay all leasehold taxes. • Use Premises for agricultural purposes such as farming, and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean, and orderly condition. • Purchase and maintain insurance coverage acceptable to the City. RIGHTS AND RESPONSIBILITIES OF CITY: • City may enter upon the Premises without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City may terminate upon: (a) thirty (30) days' notice if the Premises is not maintained in a farm-like manner or if allowed to deteriorate; and (b) ninety (90) days' notice for any reason, subject to a mutually agreed upon sum to cover any planted crop unable to be harvested due to the City's termination. LOCATION MAP i,6 Az. 1 , *I--7.7.„ fr, -,i+'• :lam " f , ••1 - ,„,, l_,', k_. Z : ;4d•:.0. ., •. - r , ` - , -',felt.. '' • ,.ts: . '.' Wi-&;:•-,'."‘;;":01-••'.1 *.l'--'4.*:-:kr'-; •r , • • '� Y ' ;' R . F x r i -. IP.711F ''•' a 4 A' R 'i l Zl �- 'ri{, t ,-i' • - ---.-, - '* .: s- ?k ..a. , . , •is • • rc� , '+3 7 i- '' it; t F f-. 4 . ,..... ..::4, 11 4 4, .0- 41 ) School Farm 2848 Indian River Road _'�' '-� ;_, :.,,, . • Portions of GPINs: ,. '=' 1493-43-2693 & 1493-43-0050 f. ' y Yv` :.'br'''',. :: -4,”fir- ' t >+ 4 4 4. r > ., p,K r-i $ `lam"' -.7 `_ �`__ _ J ' - • a bliii•, To North Landing Road` ' ``" `;. '. ,. l ndlan Riper :. .:lo , ,� Road \ 4. 1 i . •' �" 3 r ti• • ,•.. ,; •*; 'tea,tt jZ • .` ti• ' 7 �. Y 1? '�• 't •�^ f '.4. K';'b ;'.• �.,''Y 1 ' r►' - ',J a ..: : `'� it S 2 EXHIBIT B— DISCLOSURE STATEMENT Disclosure Statement .411.tyvao U _-- Planning & Community -_ Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Dawley Family Farms, LLC Does the applicant have a representative? ❑ Yes 0 No • If yes, list the name of the representative. W.Jason &Lindsay Dawley Is the applicant a corporation, partnership,firm, business,trust or an unincorporated business? IJ Yes ❑ No • If yes,list the names of all officers, directors,members,trustees,etc.below. (Attach a list if necessary) W. Jason Dawley Lindsay Dawley • If yes, list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) 15I Pag '"Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1F, I Paa Disclosure Statement11/4B City of Vuliulia Blur. Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes Pt. No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes CS No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Paul Catalfamo, CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes M No • If yes,identify the purchaser and purchaser's service providers. 17 I D Disclosure Statement11/4/3 Cu;of Yapudu&,tw. Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. plica► 5ignature W. Jason Dawley, Owner Print Name and Title 9/15/2022 Date ie applicant also the owner of the subject property? ❑ Yes ) No • If yes,you do not need to fill out the owner disclosure statement. OR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting hat pertains to the applications ►�� •changes as of yor.2e n�� ignature f- !Print Nance 10 I n _ _ rJ� fq ' .BNLiy f= jj �u � T S! -,,,,. ..,,,b./ Yz.:., .A CITY OF VIRGINIA BEACH \ AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease with Land of Promise Farms Partnership for Five (5) Years for 186+/- Acres of City-owned Farm Land Located on Indian River Road and North Landing Road MEETING DATE: November 1, 2022 • Background: The City of Virginia Beach (the "City") is the owner of 186 +/- acres of farm land located on Indian River Road and North Landing Road, formerly known as Brenneman Farm. The City acquired the farm land on November 19, 2014 as part of the Oceana and Interfacility Traffic Area Acquisition Program, which was designed to acquire property situated in the flight path between Naval Air Station Oceana and Naval Auxiliary Landing Field Fentress. On July 5, 2016, City Council authorized the lease of the entire 186 +/- acres of the former Brenneman Farm (GPIN: 1483-95-6756) (the "Premises"), by ORD- 3454N, to Land of Promise Farms Partnership ("Land of Promise"). City Council authorized the extension of the lease by ordinance ORD-3680B, and the lease will terminate on December 31 , 2022. The City issued an RFP for the Premises and received two (2) responses. Responses were evaluated by a committee consisting of staff from the Agriculture, Parks & Recreation, City Attorney and Public Works Departments (the "Committee"). Each submittal was evaluated based on the following components: Agriculture Plan, Crop Land and Property Maintenance/ Improvement Plans, Farm Security, and Proposed Terms and Rent Offered (the "Criteria"). Based on its overall response to the Criteria, and satisfactory stewardship of the Premises in the past, the Committee recommends awarding the lease (the "Lease") to Land of Promise. • Considerations: The term of the Lease would be for (5) years. The City has the right to terminate the Lease with ninety (90) days' notice. For more specific terms, see attached Summary of Terms. The City acquired the Premises for $3,728,132.00, funded through a partnership with the Commonwealth of Virginia. In total this Lease will yield $148,730.00, 50% of which ($74,365.00) will be remitted to the Commonwealth. Should the City sell the Premises in the future, the amount to be refunded to the Commonwealth will be reduced by the interim payments made. • Public Information: Advertisement of Public Hearing, Advertisement of City Council Agenda • Alternatives: Approve the Lease as presented, change conditions of the Lease, or deny leasing of the Premises. ■ Recommendation: Approval ■ Revenue restrictions: The City funded the acquisition of the Premises through the partnership with the Commonwealth of Virginia. The total proceeds from the rent payment in the amount of $148,730.00 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in PG100282 (formerly CIP 9-059), Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Location Map, Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH LAND OF 3 PROMISE FARMS PARTNERSHIP FOR FIVE (5) 4 YEARS FOR 186+/- ACRES OF CITY-OWNED 5 FARM LAND LOCATED ON INDIAN RIVER ROAD 6 AND NORTH LANDING ROAD 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 186+/- acres of 9 farm land located on Indian River Road and North Landing Road, formerly known as 10 Brenneman Farm, in Virginia Beach, Virginia (the "Premises"); 11 12 WHEREAS, the City acquired the Premises pursuant to the ITA Acquisition 13 Program, an element of the City's BRAC response program through a partnership with 14 the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty 15 percent (50%) of the funds; 16 17 WHEREAS, Land of Promise Farms Partnership, a Virginia general partnership 18 ("Land of Promise Farms"), has been leasing the Premises from the City for agricultural 19 purposes and desires to enter into a new lease agreement to continue to utilize the 20 Premises for agricultural purposes, and for no other purpose; and 21 22 WHEREAS, Land of Promise Farms has agreed to pay the City a rental rate of 23 $27,900.00 for the first year of the lease; $28,830.00 for the second year of the lease; 24 $29,760.00 for the third year of the lease; $30,620.00 for the fourth year of the lease 25 and $31,620.00 for the fifth year of the lease, along with payment of leasehold taxes. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for five (5) years 31 between Land of Promise Farms Partnership and the City for the Premises, in 32 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 33 hereof, and such other terms, conditions or modifications as may be acceptable to the 34 City Manager and in a form deemed satisfactory by the City Attorney. 35 36 That the total revenue from the lease of the Premises, in the amount of 37 $148,730.00, shall be received and fifty percent (50%) of this amount shall be deposited 38 for appropriation in future Capital Improvement Program capital budgets in PG100282 39 (formerly CIP 9-059), Oceana Interfacility Traffic Area Conformity and Acquisition II, and 40 fifty percent (50%) shall be deposited for future payment by the City Manager to refund 41 the Commonwealth's portion in accordance with the grant agreement. 42 43 This ordinance shall be effective from the date of its adoption. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 46 , 2022. APPROVED AS TO CONTENT APPROVED AS TO CONTENT Budget and- anagement Services Public Work 'Facilities Management APPROVED AS TO LEGAL SUFFICIENCY AND FORM LIAC14, 4. Glifr zovi City Attorney CA15633 R-12021.11vbgov,com1dfs 11applicationslcitylawlcycom321wpdocskd0271p042100760736.doc October 19, 2022 EXHIBIT A SUMMARY OF TERMS LEASE FOR 186+/- ACRES OF CITY-OWNED FARM LAND LOCATED ON INDIAN RIVER ROAD AND NORTH LANDING ROAD LESSOR: City of Virginia Beach LESSEE: Land of Promise Farms Partnership, a Virginia general partnership PREMISES: 186+/- acres of farm land located on Indian River Road and North Landing Road (GPIN: 1483-95-6756) TERM: January 1, 2023 — December 31, 2027 RENT: $27,900.00 for the first year; $28,830.00 for the second year; $29,760.00 for the third year; $30,620.00 for the fourth year and $31,620.00 for the fifth year. TAXES: Lessee shall receive a rent offset credit from Lessor in an amount equal to the annual real estate tax assessed by City and paid by Lessee upon the Lessee's leasehold interest in the Property, pursuant to Section 58.1-3203 of the Code of Virginia. For 2023, that amount is $462.34 based on the current tax assessment. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration and waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean and orderly condition. • Purchase and maintain workers compensation insurance, commercial general liability insurance and automobile liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • May enter upon the Premises without written prior notice after it has been determined that an emergency exists. TERMINATION: • City may terminate by giving ninety (90) days' advance written notice, with payment for any growing crops unable to be harvested as a result of the termination. EXHIBIT A -, - - _.. , North Landing Road `" '�'''- ,' �. t At _— : -0. 1.....erlh 1 4 -..,:, 0 a. A'. b:.:**4 .i......* .� `_ ' ..rr .mil'•+:♦ �. r . ". icy"'b'4 •. 1 • k :- ' �r; b...xM r I i I 3 w tit.fir,Y '[} •- e : ,nd•-- . 'an • T• . L .,� f , ,, n/ e i ; �. - �." roaci ti -'' "f-* '',-, r...-,, , , , ft, , 44, 1 i,„_.... 11-1.._7 -,.. , ..''L•� k 4. _ r 4., 11 *:,I j 1 - - fry': ' ,t% Approximately 186 Acres of Farmland (GPIN: 1483-95-6756) to be Leased to Land of Promise Farms Partnership by the City of Virginia Beach , Disclosure Statement .'k ylrgsa A h _ _- Planning& Community Development _ Owner Disclosure Owner Name Land of Promise Farms Partnership Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? © Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Donald H. Horsley, Manager; Diane F. Horsley, Manager; D. Shane Horsley, Member; B. Ryan Horsley, Member • If yes,list the businesses that have a parent-subsidiary or affiliated business entity°relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ID Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Donald H.Horsley serves as an appointed member of the Virginia Beach Planning Commission 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, VA. Code §2.2-3101. a"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 17IPag • Disclosure Statement \113 Nanning Community 2- Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes f] No • if yes,identify the financial institutions providing the service. Not Applicable 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. Not Applicable 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?ED Yes ❑ No • if yes,identify the firm and individual providing the service. Rossie Brock; Barnes,Brock,Cornwell&Painter, PLC 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes El No • If yes,identify the firm and individual providing the service. Not Applicable 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes El No • if yes,identify the purchaser and purchaser's service providers. Not Applicable 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes El No • If yes,identify the firm and individual providing the service. 18JPag Disclosure Statement \43 Planning & Coziiniututy Development 8, Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? CD Yes ❑ No • If yes,identify the firm and individual providing legal the service. R. Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahem&Levy, P.C. Owner Signature !certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee In connection with this application. Land o• Promise Farms Partnershi Olt.n94 AL Owner Signature Donald H. Horsley,Manager Print Name and Title 9—/y-- 20ZZ Date o - ` 1011a12Z J06 Page 19 of 19 c u ems, if14 :gar ,,r_r- ":-_;, `y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Request the Virginia Beach School Board Participate in the Upcoming Disparity Study MEETING DATE: November 1, 2022 • Background: The City completed a disparity study (the "Study"), and the results were provided to the City Council in January 2019. The written report included ten policy recommendations for advancing the City's efforts to increase minority business participation in City contracts. The recommendations from the Study have provided the City with concrete measures that seek to improve the participation of minority-owned, woman-owned, service-disabled veteran-owned, and small businesses. To ensure the continuity of the City's initiatives, the FY 2022-23 Operating Budget includes funding for the City to undertake a second disparity study. The City's Minority Business Committee (MBC) was presented with a report from the Virginia Beach City Public Schools (VBCPS) regarding small and minority business participation in VBCPS contracts at the MBC's September meeting. The MBC observed the reporting of VBCPS contracts did not provide the level of detail or information the MBC has come to expect in reporting of City contracts. At its October meeting, the MBC adopted a motion requesting the City Council formally request the participation of the School Board in the upcoming disparity study. • Considerations: The attached resolution formally requests the Virginia Beach School Board adopt a resolution indicating the willingness of the School Board to participate in the City's upcoming disparity study. The School Board's participation in the disparity study would provide more robust reporting and detailed information regarding spending on VBCPS contracts. Moreover, there may be efficiencies and shared contracting opportunities through a joint disparity study. The City's funding in FY 2022-23 is $500,000 for the disparity study. If the School Board agrees to participate in the disparity study, the City Council would request a 50/50 cost share for any amounts above the $500,000. • Public Information: Normal Council Agenda process. • Attachments: Resolution Requested by Councilmembers Holcomb, Miles, and Rouse REQUESTED BY COUNCILMEMBERS HOLCOMB, MILES, AND ROUSE 1 A RESOLUTION TO REQUEST THE VIRGINIA BEACH 2 SCHOOL BOARD PARTICIPATE IN THE UPCOMING 3 DISPARITY STUDY 4 5 WHEREAS, the City completed its first disparity study, and the results of this study 6 were released in January 2019 and have provided the impetus for the City to undertake 7 various actions to improve the participation of minority-owned, woman-owned, service- 8 disabled veteran-owned, and small businesses; 9 10 WHEREAS, the FY 2022-23 Operating Budget includes funding for the City to 11 undertake a second disparity study; 12 13 WHEREAS, the City's Minority Business Council (MBC)was presented with a report 14 from the Virginia Beach City Public Schools (VBCPS) regarding small and minority 15 business participation in VBCPS contracts at the MBC's September meeting; 16 17 WHEREAS, at its October meeting, the MBC adopted a motion requesting the City 18 Council formally request the participation of the School Board in the upcoming disparity 19 study; 20 21 WHEREAS, the City Council has provided $500,000 for the second disparity study 22 and, if the School Board agrees to participate in the disparity study, the City Council would 23 request a 50/50 cost share for amounts above the $500,000; 24 25 WHEREAS, the City Council believes the School Board would benefit from 26 participation in the City's upcoming disparity study; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council requests the Virginia Beach School Board adopt a resolution 32 indicating the willingness of the School Board to participate in the City's upcoming 33 disparity study. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: ity ey's Office CA15949 R-1 October 18, 2022 rJ��' '+► yL ik �u - s! �% - rJ � iJ v�J i�� CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Transfer $5,000 from the General Fund Reserve for Contingencies to Non-Departmental "Opportunity Grants" and to Authorize a Community Service Micro-Grant to Speak Up For A Change MEETING DATE: November 1, 2022 • Background: Speak Up For A Change is a Virginia non-stock corporation. Speak Up For a Change has submitted a request for a Community Service Micro-Grant in the amount of $5,000. Speak Up For A Change has been active in the community since 2016 and has partnered with several organizations within the City. One of its partnerships is with the Judeo-Christian Outreach Center at the Virginia Beach Oceanfront to feed the homeless. The non-profit has also collaborated with "Giving with a Golden Hand," another Virginia Beach organization, to donate food and clothing supplies. The non-profit's back-to-school program donated school supplies to elementary and middle school students and hygiene products to high schoolers. The organization has also provided self-image and self-esteem development to girls at the local elementary with the plan of expanding the program into the Green Run, Lynnhaven, Oceanview, Chimney Hill, Kempsville, Salisbury and Lake Edwards neighborhoods of the City. The organization is in the process of finalizing a partnership with the "United Order Tent" an organization that supports widows to donate food, clothing, and comfort baskets. It is also initiating an outreach program to support elderly residents living in retirement and assisted living facilities. • Considerations: Speak Up For A Change is seeking this micro-grant to support its outreach program to the elderly residents of Virginia Beach. The organization plans to visit retirement and assisted living facilities and provide residents with home-cooked meals, toiletries, games and to hire entertainers to cheer up the residents. The requested grant will help fund some of the cost of the meals, toiletries, games, and entertainment during the visits. The total estimated cost for the project is $9,000 and the organization's board of director's intends to raise $1,500 of the total amount from dues. This grant, if awarded, will help the organization fund another two-thirds of the amount needed to execute the outreach program to benefit the elderly residents of the City and improve their quality of life. The total FY 2022-23 Operating Budget line item for Community Service Micro-Grants has a $0 balance because all of the funding has been awarded this fiscal year. Funding for this grant is recommended to be a $5,000 transfer from the General Fund Regular Reserve for Contingencies to the Non-Departmental "Opportunity Grants" For FY 2022- 23, to support the community service micro-grant request. There are two micro-grants on the November 1, 2022 agenda. If both requests are approved, the balance of the General Fund Regular Reserve for Contingencies will be $1,249,301. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Application, Disclosure Form Requested by Councilmember Miles REQUESTED BY COUNCILMEMBER MILES 1 AN ORDINANCE TO TRANSFER $5,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 NON-DEPARTMENTAL "OPPORTUNITY GRANTS" AND 4 TO AUTHORIZE A COMMUNITY SERVICE MICRO-GRANT 5 TO SPEAK UP FORA CHANGE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $5,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to Non-Departmental "Opportunity Grants." 12 13 2. A Community Service Micro-Grant in the amount of$5,000 is hereby awarded 14 to Speak Up For A Change to support hunger relief and other charitable 15 activities. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A Af-N CteddIDUO Budget and Management Services Cit orn 's ffice CA15952 R-1 October 19, 2022 City of Virginia Beach COMMUNITY SERVICES MICRO-GRANTAPPLICATION Organization Name: Speak CA p C cr Address: r35 05 Chrrr €c P-I ,I Ccuft+ Ap-f4201 1/i i rl.i-C4 Phone: r 'a j `V i 2`- Li ,r� - 7 2 - - 131 _ �t Email: p€ak �� aQ.c Ocxr) Amount of funding requested: $_ ,00 4 _($250 minimum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potential approval by the City Manager. Bta,36 X2' u City Council Member Printed Name/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3) organization: Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. ❑Recognized government entity: state, county, or city agency, including law enforcement, fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. ❑K-12 public/private school, charter school, community/junior college, state/private college, or university. ❑Nondenominational organization, if authorized by Virginia State Code, Section 15.2-953, with a proposed project that addresses and benefits the needs of the community at large. Page 1of3 on-profit organization having state, regional, or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes'CG No ❑ If yes, please select the organization. ❑American Cancer Society❑ American Diabetes Association ❑ United Way ❑America eart Association❑ Children's Miracle Network ❑ N/A ther Supporting Documentation Please type and attach the following information with your application. Applications without the following attachments will be incomplete, and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how (500 words or less). 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost, other sources of funding (name, organization, 501(c)(3) status, the amount of funding provided), and the program/project implementation time line (No more than 1,000 words). 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or project you are proposing via this application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnershiphas existed. 4 Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been providedto date, and how long the funding partnership existed. Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized. I further commit that the use of grant funds authorized for my program, service, or project will be used for the designated purpose. The City of Virginia Beach reserves the right to hold me and/or the organization I represent, via Page 2 of 3 my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures, prepared by a Certified Public Accountant (CPA), within 12 months of receiving the grant award from the City Organization Name: Cal ' elk? (Printed Name) _ _ 6ek Authorized Agent: a AcIe4 (Printed Name) Authorized Agent: F€2U f dei1 (Printed Title) Authorized Agent: /%0/k (Signature) Date: h2/ `y c, Page 3 of 3 Virginia Beach Community Service Micro-Grant Application Supporting Documentation Speak Up For A Change 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach?Please explain how(500 words or less). Benefits To the Virginia Beach Community Our program has helped communities in Virginia Beach through feeding,donating and motivation. We have also worked with communities with our back-to-school programs where we donated school supplies and hygiene products to high school students. We are currently working on other projects that involve the elders in our community. 2. Program/Project Description: Briefly describe your program or the service you intend to provide. Please include the following: Total project cost,other sources of funding (name,organization,501(c)(3)status,the amount of funding provided), and the program/project implementation timeline(No more than 1,000 words). Program/Project Description Feeding the homeless people in Virginia Beach has been our most popular project.We recently added another project that includes the elderly citizens of Virginia Beach. We plan to go to these group homes and provide them with toiletries and home cooked meals. If we had enough funds,we intend to add fun and interactive games. The total cost of these projects is estimated to be around $9,000 and the board of Directors have decided to raise up to$1,500 from dues. We plan to implement these projects during this 2022 Thanksgiving period. 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program,service,or project you are proposing via this application? Has your organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding,and how long the funding partnership has existed. Grants And Project Costs No,our organization is not currently receiving grants from the city of Virginia Beach,nor have we received any funds in the past for our previous projects. We have not received any funding for these new projects that we are proposing through this application. We are seeking funding in the amount of$7,500. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three(3)above?If so,please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been provided to date,and how long the funding partnership existed. Funding From the City Of Virginia Beach We have never received funding from the City of Virginia Beach. i • • " E • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: )c.A., ter (j � vE� SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answ to any item is YES, please identify the firm or individual providing the service: YE PROVIDER use additional sheets if NO SERVICE needed ' =" ❑ n Accounting and/or preparer of your ED tax return • Financial Services(include El © lending/banking institutions and current mortgage holders as applicable) ❑ © Legal Services dal © Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. , 11 g at, QZ,v1.4..„ A4(ZookiV+ 41640( APPLICANTS SIGNATURE 0/8 � PRINT NAME DATE t •� rRy'A�'.gG��y p �N, a. .4„,.... ._, „ -tk„......„, %.,..,.,./ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $5,000 from the General Fund Reserve for Contingencies to Non-Departmental "Opportunity Grants" and to authorize a Community Services Micro-Grant to Christian Resource Center MEETING DATE: November 1, 2022 • Background: Christian Resource Center (C.R.C.) is a Virginia non-stock corporation. C.R.C. has submitted a request for a Community Services Micro-Grant in the amount of $5,000. The C.R.0 operates in an underserved area along Newton Road in the Bayside district of Virginia Beach where there is no local library, YMCA, or any other resource center within a two-mile walking radius of the facility. The C.R.0 is a 1400 square foot facility with ten computer stations that is available for use by anyone who needs internet and computer access. Residents can use the computer facilities for self-development, training, employment applications, and other activities requiring a computer. Additional services provided by the center include free printing, notary services, fax, student tutoring, and ESL classes. The center also provides free bus passes to residents in need, and information on city-wide programs and resources, while also making available 46 shelves of spiritual and education books and DVD's free to the public. The C.R.0 was created as a platform for the local community to receive services and benefits that help them better themselves, enhance learning and establish positive relationships among Virginia Beach residents. • Considerations: The C.R.C. currently relies upon support from "Christian Way Ministries" to fund its operations and activities. C.R.0 is seeking this grant to help defray some of its operational costs so that it can continue to provide its services to the residents of Virginia Beach. The monthly cost of running the C.R.0 is $5,594.38, which includes the cost of the lease, two full-time staff to keep the center open 10 am — 6 pm, Monday through Friday, and utilities. If awarded, the funding from this grant will help to approximately cover the cost of one month of operations at the center. As a bilingual center, the C.R.0 provides an important service to the Hispanic community (third largest demographic) in Bayside district. The total FY 2022-23 Operating Budget line item for Community Service Micro-Grants has a $0 balance because all of the funding has been awarded this fiscal year. Funding for this grant is recommended to be a $5,000 transfer from the General Fund Regular Reserve for Contingencies to the Non-Departmental "Opportunity Grants" For FY 2022- 23, to support the community service micro-grant request. There are two micro-grants on the November 1, 2022 agenda. If both requests are approved, the balance of the General Fund Regular Reserve for Contingencies will be $1,249,301. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, Application, Disclosure Form Requested by Councilmember Miles REQUESTED BY COUNCILMEMBER MILES 1 AN ORDINANCE TO TRANSFER $5,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 NON-DEPARTMENTAL "OPPORTUNITY GRANTS" AND 4 TO AUTHORIZE A COMMUNITY SERVICE MICRO-GRANT 5 TO CHRISTIAN RESOURCE CENTER 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $5,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to the Non-Departmental "Opportunity Grants." 12 13 2. A Community Service Micro-Grant in the amount of $5,000 is hereby awarded 14 to Christian Resource Center to support its community resource center 15 operations. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Budget and Management Services C. y s Office CA15953 R-1 October 19, 2022 L �• City of { Virginia Beach COMMUNITY SERVICES MICRO-GRANT APPLICATION Organization Name:Christian Resource Center (C.R.C.) Address: 549 Newtown Road#105,Virginia Beach,VA 23462 Phone: (757)985-3451 Email: christianresourcecenter757@gmail.com Amount of funding requested:$5,000($250 minimum/$5,000 maximum) City Council Sponsorship: As a member of the Virginia Beach City Council, I hereby authorize my support of this application only for consideration and potential approval by the City Manager. C,d; to V •? City Council Member Printed Name/Signature Date Organization Status/Category Please select the option below that best describes your 501(c)(3)organization: ® Tax exempt under Section 501(c)(3) of the Internal Revenue Code with a valid tax exempt number. D Recognized government entity:state,county,or city agency,including law enforcement,fire, or EMS departments (including volunteer organizations) requesting funds exclusively for public purposes. ❑ K-12 public/private school,charter school, community/junior college, state/private college, or university. ❑ Nondenominational organization,if authorized by Virginia State Code,Section 15.2-953,with a proposed project that addresses and benefits the needs of the community at large. Page 1 of 4 ® Non-profit organization having state,regional,or local services benefiting the residents of the City of Virginia Beach. Are you applying for funding for any of the organizations listed below?Yes ❑/No If yes, please select the organization. ❑ American Cancer Society ❑ American Diabetes Association ❑ United Way 0 American Heart Association 0 Children's Miracle Network 0 N/A ❑ Other Supporting Documentation Please type and attach the following information with your application.Applications without the following attachments will be incomplete,and not considered for approval. 1. Does your organization and the proposed program/service directly benefit the communities within the city limits of Virginia Beach? Please explain how (500 words or less). The Cristian Resource Center is a non-profit 501©3 tax exempt organization located at Newtown Plaza, 549 Newtown Road Suite 105, Virginia Beach, Virginia 23462 in the 4th Bayside District that is opened Monday through Friday from 10:00 AM through 6:00PM and available free to anyone within the,local community who desire,to better themselves and access available resources - - • ;•, 2. Program/Project Description: Briefly describe your program or the service you intend to provide.Please include the following:Total project cost,other sources of funding(name, organization,501(c)(3)status,the amount of funding provided),and the program/project implementation time line(No more than 1,000 words). The Christian Resource Center C.R.C. is a 1400 square foot center that currently operates under the Christian Way Ministries 501(c)3 non-profit tax-exempt status (IEN 47-2345030) and is officially recognized by the City of Virginia Beach and the State Corporate Commission's Office. The C.R.C.contains 10 desktop computers that anyone within the local community can use freely to better themselves,to apply for employment,for student development,and to access certain virtual resources.The CRC also has free limited printing,free notary,free access to fax,free bus passes for those who are in need of transportation,free student tutoring on Wednesday evening, free ESL learning, contains free information on city-wide programs and resources, and contains 46 shelves of spiritual and educational books and DVD's free to the community. The C.R.C.also contains a conference area in the back with 4 conference tables,20 chairs,and a touchscreen 55- inch smartboard.Additionally,the director of the C.R.C., Ms. Maria Lorenzi is bilingual who can speak both English and Spanish providing the center an opportunity to reach the third largest demographic in the Bayside District, the Hispanic Community. Since its inception on August 22, Page 2 of 4 2021,the center has hosted a number of programs free to the community to include a monthly bereavement support group, mental health, financial literacy, first-time homebuyers course, women empowerment,resume writing,hosted a book release,and partners with Department of Social Services for their annual Thanksgiving Basket Drive to give free meals to needy families. The CRC is available to provide many services to anyone who has a need of a place where members in the community can obtain essential resources, establish relationships, and provide local businesses with a business address. Our philosophy is simple: "Making The Most Of Every Opportunity,"and there are no words to describe how excited we are to make the most of this new opportunity to give back to the community;a community that lacks a local library,a YMCA, or any other resource center within a two-mile walking radius of 549 Newtown Road. With the help of the City of Virginia Beach,other churches,and community partners,this resource center can have a lasting impact, increase literacy,and build a stronger community. As mentioned previously, the C.R.C. is a non-profit organization and a non-revenue generating center that is financially supported by the church at Christian Way Ministries.To keep the center opened from 10AM-6PM Monday through Friday cost a sum of$5,594.38 a month; $1,400 for the lease of the center in Newtown Plaza Shopping Center and $3,726 for two full-time staff members.This sum does not include other expenses such as utilities($151.65),Verizon Internet ($157.58), security monitoring ($79.99), rental insurance ($79.16), and supplies. Nor does this expense include the over$10,000 required to renovate the center,furnish it, and prepare it for its grand opening on August 22, 2021. Documentation can be supplied for every single expense. The C.R.C. is seeking funding from the City of Virginia Beach and other community partners to collaborate with us to keep the CRC operational and fully staffed to assist with the overall betterment of the community. We are not only seeking monetary donations to keep the center functional, but we are also seeking partnerships to join us in this once in a lifetime endeavor in providing opportunities of growth for the community at Bayside. :r 3. Is your organization currently receiving any funding from the City of Virginia Beach for the current program, service, or projectyou are proposing via this application? Has your P g P j P P g PP organization previously? If so, please provide a written explanation. Any explanation should note the City related entity providing funding, how much funding, and how long the funding partnership has existed. The C.R.C. has not received any funding from the City of Virginia Beach since it was opened over a year ago on August 22,2021. 4. Has your organization currently or previously received any funding from the City of Virginia Beach for any past program, service, or project outside of the item proposed in question number three (3) above? If so, please provide a written explanation. Any explanation should note the City related entity that provided the funding, how much funding had been provided to date,and how long the funding partnership existed. The C.R.C.has not received any other additional funding outside of the item proposed in question number three above. Page 3 of 4 Organization Authorization/Signature: I attest that the information provided in this application is factual to the best of my knowledge and understand if such information is determined to be false, that such action is grounds for termination and revocation of all funding authorized.I further commit that the use of grant funds authorized for my program,service,or project will be used for the designated purpose. The City of Virginia Beach reserves the right to hold me and/or the organization I represent, via my signature below, as the responsible and accountable recipients of funding to repay all or part of the funding granted as determined by the City of Virginia Beach. I further understand that my organization is responsible for providing an annual financial report on the total grant expenditures,prepared by a Certified Public Accountant(CPA),within 12 months of receiving the grant award from the City. Organization Name: Christian Resource Center(C.R.C.) (Printed Name) Authorized Agent: Dr. David Cruz Martinez (Printed Name) Authorized Agent: President&Bishop (Printed Title) J • Authorized Agent: _ (Signature) Date: September 30,2022 • I � Page4of4 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Qkf\ _-tsr d� SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) n in Accounting and/or preparer of your tax return Financial Services (include lending/banking institutions and ❑ current mortgage holders as applicable) ❑ [ Legal Services ❑ d Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Q CirOt Ma(4111 ez APPLICANT'S SIGNATURE PRINT NAME DA E 's , ftt' Tj [ ,i6r1A-ep,i, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 35-42 of the City Code Regarding Administration of Disabled Veteran Personal Property Tax Exemptions MEETING DATE: November 1, 2022 • Background: In the November 2020 election, the voters of the Commonwealth approved an amendment to the Virginia Constitution to provide an exemption from personal property taxes upon one motor vehicle owned and used primarily by or for a veteran with a "one hundred percent service-connected, permanent, and total disability." In its 2021 session, the General Assembly enacted Virginia Code § 58.1-3668, and this legislation allows the City to enact an ordinance for the administration of the personal property exemption. After a year and a half of administration of this exemption program, the Commissioner of the Revenue has suggestions to improve the application process and avoid potential confusion for applicants. The specific situations giving rise to this request include when the disabled veteran owns and primarily uses more than one vehicle and when the disabled veteran desires to transfer the exemption between vehicles when, for example, the disabled veteran purchases a new vehicle without selling the other vehicle. • Considerations: The attached ordinance seeks to provide modifications to the application process described in the City Code. If there are multiple vehicles owned by and used primarily by the disabled veteran, the application will allow the applicant to note which vehicle is subject to the tax exemption. If there is a desire to change the exemption among the vehicles owned and used primarily by the disabled veteran, the applicant will make a re-application noting the exemption change, and the change will be prospective. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Requested by the Commissioner of Revenue 1 AN ORDINANCE TO AMEND SECTION 35-42 OF 2 THE CITY CODE REGARDING THE 3 ADMINISTRATION OF DISABLED VETERAN 4 PERSONAL PROPERTY TAX EXEMPTIONS 5 6 Section Amended: § 35-42 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT 10 11 Section 35-42 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 35-42. - Administration of tax exemption program for disabled veterans, 15 surviving spouses of servicemembers killed in action, and surviving spouses of 16 certain first responders killed in the line of duty; application of exemption 17 programs to special service districts; disabled veteran personal property 18 exemption. 19 20 (a) The disabled veteran real property tax exemption, surviving spouse of 21 servicemembers killed in action, and surviving spouse of certain first responders killed 22 in the line of duty programs shall be administered by the commissioner of the 23 revenue. The commissioner of the revenue shall administer these programs in 24 accordance with the Virginia Constitution and the Virginia Code. 25 26 (b) For the programs described in subsection (a), the exemption or partial exemption 27 authorized by the General Assembly shall extend in the same manner to any 28 additional levies imposed by special service districts. 29 30 (c) The disabled veteran personal property exemption authorized by Virginia Code § 31 58.1-3668 shall be administered by the commissioner of the revenue. The 32 commissioner of the revenue shall administer this program in accordance with the 33 Virginia Constitution and the Virginia Code. Any applicant seeking such exemption 34 shall make an application to the commissioner of the revenue. The application shall 35 allow the applicant to note which vehicle is owned and used primarily by or for the 36 eligible veteran, and a re-application is required if the veteran desires to change the 37 vehicle subject to the exemption among the vehicles owned and used primarily by or 38 for the eligible veteran. The effect of such re-application and the resulting change of 39 vehicle subject to the exemption shall be prospective only. Such application shall 40 include information sufficient for the commissioner of the revenue to determine initial 41 eligibility, and the commissioner shall confirm continuing eligibility for such exemption 42 every three years thereafter. 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of Revenue CC y tt ey's Office CA15940 R-1 October 3, 2022 Sr;*:.% i1f i. � re CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City-Owned Drainage and Maintenance Easements, located at the rear of 780 Los Colonis Drive MEETING DATE: November 1, 2022 • Background: John Payne (the "Applicant") has requested permission to construct and maintain two (2) 4' x 12' wood docks, 10' x 20' flexamat ramp, two (2) 2.5' x 16' wood bulkheads, and a 10' x 43.97' gravel driveway, and to convert an existing 11' x 23' floating dock to an 11' x 23' fixed dock, and to maintain an existing 12' x 16' wooden dock, 16.20' x 16.24' gravel fire pit, and riprap, collectively, the "Temporary Encroachment" into City-owned drainage and maintenance easements, adjacent to his property located at 780 Los Colonis Drive (GPIN: 2424-01-3570). • Considerations: The City has reviewed the requested Temporary Encroachment and has recommended approval of same, subject to certain conditions outlined in the attached Agreement. There are similar encroachments into the City's drainage and maintenance easements, which is where the Applicant has requested to encroach. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public WorksKe City Manager: (V 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY-OWNED DRAINAGE 6 AND MAINTENANCE EASEMENTS, 7 LOCATED AT THE REAR OF 780 LOS 8 COLONIS DRIVE 9 10 WHEREAS, John Payne (the "Applicant") has requested permission to 11 construct and maintain two (2) 4' x 12' wood docks, 10' x 20' flexamat ramp, two (2) 2.5' x 12 16'wood bulkheads, and a 10' x 43.97' gravel driveway, and to convert an existing 11'x 23' 13 floating dock to an 11' x 23' fixed dock, and to maintain an existing 12' x 16' wood dock, 14 16.20'x 16.24' gravel fire pit, and rip-rap(collectively,the"Temporary Encroachments")into 15 a portion of City-owned drainage and maintenance easements, located at the rear of his 16 property at 780 Los Colonis Drive (GPIN: 2424-01-3570); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize Temporary Encroachments into the 20 City's easements subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, his heirs,assigns 27 and successors in title are authorized to erect and maintain the Temporary Encroachments 28 in the City's easements as shown on the map entitled: "'EXHIBIT A ENCROACHMENT 29 EXHIBIT SHOWING EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND 30 PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & 31 GRAVEL DRIVE FOR JOHN PAYNE LOCATED ON LOT 112, LAGOMAR, SECTION 6, 32 PHASE 2, PART A D.B. 2552, PG 1803 CITY OF VIRGINIA BEACH, VIRGINIA" having a 33 Scale of 1" = 50', dated July 28, 2021, and prepared by Gallup Surveyors & Engineers, a 34 copy of which is attached hereto as Exhibit A, and on file in the Department of Public Works 35 and to which reference is made for a more particular description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 38 expressly subject to those terms, conditions and criteria contained in the agreement 39 between the City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 1 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicant and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL IE Y AND FORM: 4ulidc WOR S, REAL STATE H RMEYER S IOR CITY ATTORNEY CA15401 R-1 Prepared: 10/10/2022 2 10 S ��ALTN O� G1 / ieji\ EXISTING DOCK (-)O DA - UTLER EXISTING EXISTING FLOATING ` c.No. 38395 DOCK CONVERTED ,w RIP RAP TO FIXED DOCK �0 - -- 44' s S SEE SHEET 2 �' — 1� °°' a'' FOR DETAIL �s'SJ �� o z CD~ CD L..n % O0 ONALE Li. w .0.t4.6. +6. OO�CD LiJ CN •: Q I ?� TOP OF BANK a N / �. EDGE OF WATER/ Z o m to\ •kt TOE OF SLOPE N Is, o . < ti \ O • ,zoo j2 6p. Q s <`' \ ?moo- 4 I•—n m m Ti- `� \ GRAVEL \ft:Ns , / Q � p FIRE PIT Tot. J'F cN DECK \ !r• \ �,.'� 4 r;. In z \ . • /` / HVAC • \SEE SHEET 3 ' \ 'S SEE SHEET 4 FOR NOTES HVAC• 2 STORY FRAME FOR DETAIL • RESIDENCE =z \`,‘ 5 A DE CE \ 0 &ADJACENT ��- #780 ir .-• OWNERS �� • \ PC \*VPNiP eiir.,' c 2gJ \ (6. �� P 1a ass •00• 0•1 EXHIBITA LOS COLONIS 86' T S ENCROACHMENT EXHIBIT SHOWING DRIVE (50' R/VN) EXISTING RIP RAP, GRAVEL FIRE PIT & D.B. 2552, PG. 1803 Q\ WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, 0 50 100 FLEXAMAT RAMP & GRAVEL DRIVE WININII FOR JOHN PAYNE GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A 323 FIRST COLONIAL ROAD D.B. 2552, PG. 1803 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1��=50' l Date: JULY 28, 2021 I Sheet: 1 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11 02:10 AM In (13 1 37.66' CONVERT EX. 11'x23' /ir :;' 0A) V 10.02' FLOATING DOCK TO i % FIXED DOCK EXISTING o '12'x16' DOCK/ OP ham, ��v,NLTH OF X �h �O36.91' c&7\ ,�: �,�� co./ cy DA - UTLER v ',, Al_�0 ��% O ` c.No. 38395 ,\ IQe2Y;I ,..441 /Ej r ^lib‘' vil �, o°° �SSI�NAL �41 / / •� o,(s py .O /// \ ,1/4. IA, iw o v• ,� o�, .9 �p Fyn ; 6) c .40 / C\1 J' \ I \\o.. Flati \ . goo°� C 4 °'O • o F�o'‘ C) I \ bt*. <9 E \ LOT 112 .61 GPIN:2424-01-3570 „LN.c) C o�., \ PROPOSED o Mo\,o , ° \if. RIP-RAP 0 ..' 94* C ,...',0 .,, \ V) . • ti \ \ N,,,, ,, \ v• r- \ \ EXHIBIT A \ ENCROACHMENT EXHIBIT SHOWING \ EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, 0 20 40 FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A 323 FIRST COLONIAL ROAD D.B. 2552, PG. 1803 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: JULY 28, 2021 I Sheet: 2 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM P RppOs 60 /0 'rip FO S D F Top • R s 22 j R'qp C 60 0�, OP F.674/4ce 0 of / „it/up) F� 'IA/ 00,, <7SS2 61 SFM O • F t 11��F,T r •. c � (o PROPOSED�03 0 `. do. E w� 4'x12'WOOD \ro • • r •�._ Toe- OF w 33 DOCK / of- ` ,`o F qTF 0 PROPOSED 10'x20' �X/a.� S4o'°FRV OS, FLEXAMAT RAMP ;... '. e4ii--)0.aVf 0 filb, '0 00 EX. GRAVEL h 4 . I� 'ik � ! �� FIRE PIT Z. '621' , PROPOSE' ��:::'-'. \A �° 4'x12'WOODArAIVP', / �� Q2.5,x16' DOCKPROPOSED .WOOD a" /j BULKHEAD �. � ky 4`, 0-4 / a_ .3i 10,. Av \ N N la y� h�° PROPOSED �;"),,f V a o,. 2.5'x16'WOOD cV ��co`O'! � h BULKHEAD 4VP. oxi LOT 112 IINGPIN:2424 01 3570 .e-• �`� siiit NLTII 0.4, .: •411' t(ZTh vl ' -s. • 0 CP .2 0 • ��4 Ir' �� o DA UTLER 4/ A f '` 2 STORY FRAME A,QO�p�,_ ��.,yg7j� 41.- ' c.No. 38395 2\ RESIDENCE#780 • O v• 2s TFN 28 w Q- ' AG ,c-A tss jA .� 803 '�1F'NT ONA L E �r•g.;•� �t`tx EXHIBIT A �� :ii4.r �,;N ENCROACHMENT EXHIBIT SHOWING �o=� � ! EXISTING RIP RAP, GRAVEL FIRE PIT & o WOOD DOCK AND PROPOSED RIP-RAP, 0 20 40 WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE I) GALLUP LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD D.B. 2552, PG. 1803 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: JULY 28, 2021 [ Sheet: 3 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM ADJACENT OWNERS KEY OWNER'S NAME DEED REFERENCE LEGAL DESCRIPTION MAP BOOK GPIN 1� SHELTON N.CLOUGH, LOT 113, LAGOMAR,SECTION 6, JR.&MICHELLE I.N.200501180007953 PHASE 2, PART A 2552, 1803 2424-01-2458 CLOUGH '2 RENE A.BATEMAN LOT 218, LAGOMAR, SECTION 6, SPECIAL NEEDS I.N.20200730000673290 PHASE 3,PART B 238, 36 2424-01-1722 TRUST ®3 GREGORY FENTON& LOT 83, LAGOMAR, SECTION 6, CHRISTINE FENTON I.N.20190514000385530 PHASE 2, PART C 2555,805 2424-01-4719 �4 JOANNE L. ROACH I.N.200212093076594 LOT 84, LAGOMAR,SECTION 6, 2555,805 2424-01-5733 PHASE 2, PART C OPDANIEL ELIAS MUNIZ& LOT 85, LAGOMAR, SECTION 6, MARIBEL MUNIZ I.N.202103043811 PHASE 2, PART C 2555,805 2424-01-6617 NATHAN A.BALLOU& I.N.20120725000831680 LOT 111, LAGOMAR, SECTION 6, 2552, 1803 2424-01-4473 BETH ANN BALLOU PHASE 2, PART A 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THE PHYSICAL FEATURES SHOWN WERE TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY STEPHEN BOONE & ASSOCIATES, P.C. DATED OCTOBER 21, 2020. �ALT1Y O , 4. 5' PRIVATE DRAINAGE EASEMENT ALONG ALL SIDES AND REAR PER O�� G D.B. 2552, PG. 1803-1808. f 5. THE PROPOSED BULKHEAD, WOOD DOCKS, FLEXAMAT RAMP, GRAVEL DRIVE, G',.� AND RIPRAP SHALL NOT ENCROACH IN THE NAVIGATIONAL PART OF THE O WATERCOURSE. THE RESIDENTS MUST BE AWARE THAT IF CITY FORCES C.) DAB UTLER MUST PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY EASEMENT, c.No. 38395 THAT THE PIER WILL HAVE TO BE REMOVED AT THE OWNER'S EXPENSE. ,2 6. THE PROPOSED STRUCTURES SHALL NOT BE A PERMANENT STRUCTURE �0 1,2� ��4 CONSTRUCTEDWITHIN THE TY IN AA MEMENT. THE ANNER THAT CAN OBEDREMOVED STRUCTURES IF CITYSHALL NEEDS �SSjONAL E�� ACCESS TO THE WATER'S EDGE FOR MAINTENANCE ISSUES. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE 10GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A 323 FIRST COLONIAL ROAD D.B. 2552, PG. 1803 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: NA Date: JULY 28, 2021 I Sheet: 4 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:11 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 /Onday of (, ./ , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN PAYNE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee." WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 112" as shown on the certain plat entitled: "SUBDIVISION OF LAGOMAR SECTION 6 PHASE 2 PART A PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA," dated May 30, 1986, Scale: 1" = 50', and prepared by Talbot & Associates, Ltd., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2552, at page 1803, and being further designated, known, and described as 780 Los Colonis Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain two (2) 4' x 12' wood docks, 10' x 20' flexamat ramp, two (2) 2.5' x 16' wood bulkheads, and a 10' x 43.97' gravel driveway, and to convert an existing 11' x 23' floating dock to an 11' x 23' fixed dock, and to maintain an existing 12' x 16' wood dock, 16.20' x 16.24' gravel fire pit, and riprap, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY DRAINAGE AND MAINTENANCE EASEMENTS — NO GPIN ASSIGNED) 2424-01-3570 (780 LOS COLONIS DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of City drainage and maintenance easements located at the rear of 780 Los Colonis Drive, 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 EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A D.B. 2552, PG. 1803 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated July 28, 2021, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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 3 the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 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 4 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John Payne, the said Grantee, has caused this Agreement to be executed by his signature. 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 , 2022, 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 , 2022, 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 4 , HN PAY e E, Owner . STATE OF V r s t�►l ..— CITY OF VIRGINIA BEACH, to-wit: A-- The foregoing instrument was acknowledged before me this - day of , 2022, by John Payne. (SEAL) ary P DONALD A.TROISI NOTARY PUBLIC Notary Registration Number: 7_�.2� - y/, REG.#7522846 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES.12/31/2025 My Commission Expires: /.t. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 4& S N TURF r . A EVER SE IOR CITY ATTORNEY .\)) ( -Q_(A) DEPARTMENT 7 4vip,LTIj pp 2 O Gf EXISTING DOCK ,O DAMUTLER EXISTING EXISTING FLOATING ` c.No. 38395 , DOCK CONVERTED RIP—RAP TO FIXED DOCK `'PO 2$,2�,�,`g - J' SEE SHEET 2 �� 1— 6'�, FOR DETAIL SSIONAL — zi_-, z o AF.,;,--.4 70-.6 .z... 0 () r \ , u.., O (n 6Ai \ ,••.., OOS caw c,i F ,` / ` TOP OF BANK I N �� EFR/ /co v l0\ ri�:+� TOE OF SLOPE ''Yy � 0 Z w q \ v�y >> �l '• O•N r? _4.,\ 1% -z.ek;._ ki (AO m . `�V GRAVEL ��`ie.. / Q pRE PIT �; q; SF m N \ =• •;•c DECK � ''''•'t �?�`�l :, In z \ P'• let HVAC • \ SEE SHEET 3 0` SEE SHEET 4 HVAC• �, FOR NOTES 2 STORY FRAME FOR DETAIL _;; ; - Of /4) RESIDENCE \ 7��., &ADJACENT , 780 ='` ,� OWNERS 1 (6)l'\a IL C,\RCS �� gd \ t \NF �, $2• \ �\ c,,Z = o SS�OO, p� .�5 Dry 5•86, S �� EXHIBIT A LOS COLONIS ENCROACHMENT EXHIBIT SHOWING DRIVE 50' R/W �� EXISTING RIP RAP, GRAVEL FIRE PIT & cN WOOD DOCK AND PROPOSED RIP-RAP, D.B. 2552, PG. 1803 WOOD DOCKS, WOOD BULKHEAD, 0 50 100 FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE .j GALLUP LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A SURVEYORS & ENGINEERS D.B. 2552, PG. 1803 li 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=50' Date: JULY 28, 2021 Sheet: 1 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM In 40 r`' DO 37.66' CONVERT EX. 11'x23' Op 10.02' r FLOATING DOCK TO �� FIXED DOCK �• ' EXISTING -47 Q ,EN.LTIIO /// K� ham, �'`� FG c1:�h O 1 36.91' S "? '� • O ,. _ o v DAZ- UTLER 9 / -�, "W' O ` c.No. 38395 Ej — r -(0-..., \ , ss SS ��/ �� 0Bo<, IONAL / � �� ` a , x' ? °, , 0 E ,(.4\1\IC _, viii;* 0 lc5,0% 0 4;\• \ it / \,.,* / \ I \ .° ("c454, O Ci I \ \ LOT112 « GPIN:2424-01-3570 NOs . C a��s, \ PROPOSED r4 °- � RIP-RAP O .� 2� ° \ 4- C EXHIBIT A \ ENCROACHMENT EXHIBIT SHOWING \ EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, 0 20 40 FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE GALLUP LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A SURVEYORS & ENGINEERS D.B. 2552, PG. 1803 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: JULY 28, 2021 I Sheet: 2 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM P /O 60' Rjp Os S10 D 'F ropy??�,�p C 60 D.�Ngcel 0' OF s^l •�A 00,, �ssr� &IsC / Citfi O• 4Nt cci�r, - PROPOSED''3 •` . 0. — (oywj 4'x12'WOOD • .0,._- N. Tct ac- 3, DOCK / TOP 'Piro• ,`o °' S wglF 0 , PROPOSED 10 x20 of •/a. _ (O'°f R' OS FLEXAMAT RAMP • . O . .. • `V• � . 5 10 EX. GRAVEL :ii,4 4 • S. P, FIRE PIT •,ii ` "pi ,Vo " �62 ' , PROPOSE' 0*1.�j� 4'x12'WOOD � •°` M.: DOCK /./ *. 1.e PROPOSED o•' i/t, Vii / (07 /2.5'x16'WOOD cam' ii�/�`4' �� BULKHEAD �� h��g �� h'`° PROPOSED Lo 'II: ;- \ �;., -o'\,- 2.5'x16'WOOD cV - ��;`• f, BULKHEAD m :0;;0"/a LOT 112 6v,- , HGPIN:2424-01-3570 ti!r� .,,, \ , 4..4, LT p NIo . ' -%. • 0 C) '' ' �o Jt�, Nq) \ DA B UTLER co • . 7S' • c.No. 38395 2 STORY FRAME a,QO O� Os 'y4/4/T 521 hr RESIDENCE . O v• e4,4 'A $ w 1780 iQ�,�_4c 2Ss2 4/Ce p..P 1�2 . . Q' C. `�� 1803 "feNT s`sIpNAL�� ,I�..: , i=:Wr .1.� EXHIBIT A 41 r—��9 ENCROACHMENT EXHIBIT SHOWING �� 1/4 �.11r � EXISTING RIP RAP, GRAVEL FIRE PIT & i co WOOD DOCK AND PROPOSED RIP-RAP, o 0 20 40 WOOD DOCKS, WOOD BULKHEAD, 6111.11 FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE • R7 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A D.B. 2552, PG. 1803 CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=20' Date: JULY 28, 2021 1 Sheet: 3 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment.dwg,3/30/2022 11:02:10 AM ADJACENT OWNERS KEY OWNER'S NAME DEED REFERENCE LEGAL DESCRIPTION MAP BOOK GPIN Q1 SHELTON N. CLOUGH, LOT 113, LAGOMAR,SECTION 6, JR.&MICHELLE I.N.200501180007953 PHASE 2,PART A 2552, 1803 2424-01-2458 CLOUGH (J) RENE A.BATEMAN LOT 218, LAGOMAR,SECTION 6, SPECIAL NEEDS I.N.20200730000673290 PHASE 3,PART B 238,36 2424-01-1722 TRUST ®3 GREGORY FENTON& I.N.20190514000385530 LOT 83, LAGOMAR,SECTION 6, 2555,805 2424-01-4719 CHRISTINE FENTON PHASE 2,PART C LOT 84,LAGOMAR,SECTION 6, '4JOANNE L.ROACH I.N.200212093076594 PHASE 2,PART C 2555,805 2424-01-5733 '0 DANIEL ELIAS MUNIZ& I.N.202103043811 LOT 85, LAGOMAR,SECTION 6, 2555,805 2424-01-6617 MARIBEL MUNIZ PHASE 2,PART C NATHAN A.BALLOU& I N.20120725000831680 LOT 111, LAGOMAR,SECTION 6, 2552, 1803 2424-01-4473 BETH ANN BALLOU PHASE 2,PART A 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THE PHYSICAL FEATURES SHOWN WERE TAKEN FROM A TOPOGRAPHIC SURVEY PREPARED BY STEPHEN BOONE & ASSOCIATES, P.C. DATED OCTOBER 21, 2020. t- ,LTH-O 4. 5' PRIVATE DRAINAGE EASEMENT ALONG ALL SIDES AND REAR PER le 1s t D.B. 2552, PG. 1803-1808. f 5. THE PROPOSED BULKHEAD, WOOD DOCKS, FLEXAMAT RAMP, GRAVEL DRIVE, S AND RIPRAP SHALL NOT ENCROACH IN THE NAVIGATIONAL PART OF THE O WATERCOURSE. THE RESIDENTS MUST BE AWARE THAT IF CITY FORCES DAB UTLER MUST PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY EASEMENT, c.No. 38395 THAT THE PIER WILL HAVE TO BE REMOVED AT THE OWNER'S EXPENSE. 5 6. THE PROPOSED STRUCTURES SHALL NOT BE A PERMANENT STRUCTURE �0 1-?-46 44' WITHIN THE CITY EASEMENT. THE PROPOSED STRUCTURES SHALL BE �ssl �G1+ CONSTRUCTED IN A MANNER THAT CAN BE REMOVED IF CITY NEEDS ONAL ACCESS TO THE WATER'S EDGE FOR MAINTENANCE ISSUES. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING RIP RAP, GRAVEL FIRE PIT & WOOD DOCK AND PROPOSED RIP-RAP, WOOD DOCKS, WOOD BULKHEAD, FLEXAMAT RAMP & GRAVEL DRIVE FOR JOHN PAYNE GALLUP LOCATED ON LOT 112, LAGOMAR, SECTION 6, PHASE 2, PART A SURVEYORS & ENGINEERSST COLONIAL ROAD D.B. 2552, PG. 1803 323 FIR CITY OF VIRGINIA BEACH,VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: NA I Date: JULY 28, 2021 I Sheet: 4 of 4 W:\Payne,John-780 Los Colonis Drive\20-110 Encroachment dwg,3/30/2022 11:02:11 AM . .. / "•• '.:,... .- -.-- -Z4":...'-..,- ''. -1-7,Tt,.;‘, ._-::-.•...: ..... lot. .... . _ .. __ _._,...-- ........--,.. .. X.,-.,-' —'..>• .., ',.. ,. _ 1 , lb. - ..... . • .. .,, ...„....•.,.•„... ., .• ... -_, ... _ _„ .... . , 7 • .....,„,, ., . , 01. ... ,. :'-.'".I.:-.'- . . • , •. _ . ,. ailr ff p P • '1 . , • :•::- . . Or .WIP 41°41. , • . • - . .... ,..g.t.t:.4....: :. ' "-' - ,.-,,e...--ISIAr: • * Jr ' •:.....'i''."t,..1.4.4111. ':', 'f^--.'"-- :.----7:".`,..:-.4"` - -,` -''.- ..,',....- --,14 . ... . . _ ..-,..., im.... -„, hl ,,,,, - II .11 : - • , : • . . .. ,., - - "7;1.0., 417. '''''.:".,,,,!, r .....". - • . , . .., „. ,...,. . . .., ... - .. .„, . .. - ,. . .. ' clik •. . .. ,Ilitil\..r,,.., \. I • I ,,,,,,/ ),/,4;•,,-,7' ' r 4., • ..- ;;; ' '7::..,,.I 1 - :,'"':-..:-:',;., ,,,,,- •, ..._ , ... .„ v.,. '' v.,,. I . , ..... . ' '''''. .. Aill.-- - - .. -01 . i • i _.,., 4 ... ... . ., --*-s.'".\iv ' • .-. • 1 0.• , • •' .., . ;1 ,', many. 1 , ..,, . - .. , • ,. . ,. . . . - ,001/ 110 . . • . . . • sub .. . . . . ,v .. T1. . . ,,.,,_ • .. •• . — ..— :-- •4;.:., , • t , : I 71''A `. t tee" ' ,p7' ! �. R �: y i 'f' � . 1, _ 4 -s'' I it ' f ` • ,,,,,, _ . ; •'A's;1 ilit .I e. i • . -4'4..- 4•9' 1 .,-,IL,-.4 I ‘' . 1,:.. • e►;� ,� } ' 4*--' '' !: , .....--.. _ t. . , • bl # •t K 0 ' ',,i1/. ,.. 4114 •s a y a .'{. ; • ' •'-'-'- r" — te . 4. • r .Y /- R4 I �— w C CI. • I I ' ' woo - I • f � a0r' • I t zzzJ � o, , 4 , � = oN o • t J- C) t 0QWOz o moo a . .� 7 O • w • .1 0 a ' /.....0.*_ 4, t ,. A „„ : • . el 4.-j II.gf xi-4P - a.„- II eo s�I O • 7O0 . . j . ;1111111k t:' ...0t• ''.., "1110.. • -.44 -- , , . , .....4 , 40; :!L..) •-,. 1111.1111114) ii. • _ O * , \ s r, Q y • c„,„4 ° O 6 K ,' G� N Lsclasu re state,,tent Cit9 of Liryuti-a Paid; Planning & Community Development 2 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure _ p Applicant Name D 0 VI J aco, a t)-1^ ---- Does the applicant have a representative? L(d'Yes 0 No • If yes, list the name of the representative. Dai , 4 g44 CPV— CI1 Suiveyor5 �- Is the applicant a corporation,partnership,firm, business,trust or an unincorporated business? ❑ Yes td'tVo • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1 "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Stat. .nent z City of Vrrgirttg Beams - -- , Planning & Community', �s Development tigar,.....7-:,-7.— ,, .- -_ ,....,- , iiirio-,‘ Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Bea have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing i onnection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the financial institutions providing the service. 2. Does the appli nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided i connection with the subject of the application or any business operating or to be operated on the property? 0 Yes K No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land plan►er provided in connection with the subject of the application or any business operating or to be operated on the property? Z Yes 0 No • If yes, identify the firm and individual providing the service. )uU;c( 6,4 t1e.. j Go(ttp SUrv ',jpiS 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes No • If yes, identify the purchaser and purchaser's service providers. Revised11.0_0.2020 2I Page 'NBv lscuvsure state►M 1ent City of Vuyiniu Bud �r ; Planning &Community Development Ilk _.., 6. Does the applicant have a construction contractor' connection with the subject of the ap plication or any business operating or to be operated on the property? ❑ Yes o • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/age 'n connection with the subject of the application or any business operating or to be operated on the property?[] Y s ❑ No • If yes, identify he firm and individual providing the service. geld 10� 3 c, iivpçurveoS 8. Is the applicant receiving legal services in con tion with the subject of the application or any business operatingto operated on the property? El Yes L� 1Vo or be • If yes, identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA, CBPA,Wetlands Boa or any public body or committee in connection with this application. rd Applicain ignature d/' i 00/15-q(-o P 6 ty /ye_ 0 (Ai 4-0 v--- Print Name and Title .i, O \2L -L k9‘ Date 9c12 G6 Is the applicant also the owner of the subject property? ❑ Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and Cit Council mee that pertains to the applications Y ting ❑ No changes as of Date Signature Print Name Revised 11.09.2020 M age Disclosure Stat ment WM.Alk ‘46-, -- - cityofeirginia Beams Planning&Community Development , Continueg to Next Page for Owner Disclosure 41 Page Revised 11.09.2020 DiscIO ure Statet.ient -1,43 ,, _ city ofVirgil/xi Beath Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization, etc)or are they considering any financing in conn tion with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes, identify the financial institutions providing the service. 2. Does the Owner h e a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes o • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided' connection with the subject of the application or any business operating or to be operated on the property? 0 Yes No • If yes, identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner ovided in connection with the subject of the application or any business operating or to be operated on the property? L''(Yes ❑ No • If yes,identify the firm and individual providing the service. Via a&i /G o f- q ( G s (A (VP� 07-5 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes li'1V0 • If yes, identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in nection with the subject of the application or any business operating or to be operated on the property? ❑ Yes o • If yes, identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyo gent in connection with the subject of the application or any business operating or to be operated on the property? es ❑ No • If yes, identi the firm and individual providing the service.Ot V 1 a 3,, )-I P r .D C cil (1 p Revised 11.09.2020 61 Page Disclosure Star, ment _'- City am buu Reath Planning & Community Development v Owner Disclosure Owner Name % 6 t1 v ) Q (O b n e t Applicant Nam li nt L9 4 /I -J 0(0 �1 Name �� (f,-,-Q--- "-- Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes Cd NO • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beac ve an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? 3 "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I i •• g L)Psuosure btatt..i1ent 1445 _ = City of Virginal Beath . Planning & Community Development 8. Is the Owner receiving legal services in conn ion with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owne ignature —5 hvv. AtLi vu Print Name and Title ci-76-) le 0-- Q Date Revised 11.09.2020 7 Page . r' Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of Pahala Park, LLC d/b/a Coastal Event Medical Management in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: November 1, 2022 • Background: Code of Virginia Section 15.2-955 requires the City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain an annual permit authorizing its operation. The annual permit may only be granted by the City Council. • Considerations: Pahala Park, LLC d/b/a Coastal Event Medical Management's application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of Pahala Park, LLC d/b/a Coastal Event Medical Management in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. If granted, this permit will be effective immediately and until June 30, 2023. The City Code provides that permits shall be valid until June 30th, regardless of when they are issued. If the applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to the City Council for its consideration each June. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. • Attachments: Resolution and application. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services, City Manager: 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 PAHALA PARK, LLC D/B/A COASTAL EVENT MEDICAL 3 MANAGEMENT IN VIRGINIA BEACH AND TO APPROVE AN 4 ANNUAL EMS PERMIT FOR PROVIDING PRIVATE 5 AMBULANCE SERVICES 6 7 WHEREAS, in accordance with Code of Virginia § 15.2-995, the City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 12 10.5-2, any individual or organization that desires to operate an emergency medical 13 services agency in Virginia Beach must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Pahala Park, LLC d/b/a Coastal Event Medical Management; and 17 18 WHEREAS, this request and application has been recommended for approval by the 19 Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, the City Council finds the approval of this request and application is in 22 the best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Pahala Park, LLC d/b/a Coastal Event Medical Management for 30 the establishment of its emergency medical service in the City of Virginia Beach, and its 31 application for an annual EMS permit for providing emergency medical services in the City 32 of Virginia Beach is hereby approved and granted, effective immediately and until June 30, 33 2023. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ` 7f-6-- . e /<ar Emergency Medical Services Ci Attorneys Office CA15955 R-1 October 17, 2022 _" i t:y c f Vi i- .i r3 i s tc I 4 id tiff 5 S:: • "i eJ DEPARTMENT OF EMERGENCY MEDICAL SERVICES COMMERCIAL EMS AGENCY PERMIT APPLICATION FOR CYCLE BEGINNING JULY 1 OF YEAR: i 2D22 mar 1 AGENCY COMMON NAME: Coastal. Event Medical Management a_31)p±arirsaprl Your vehic$ec _ LEGAL NAME: Pahala Park LLC if different FED TAX ID#: 88-1898538 J WEB ADDRESS: Coastaleventned.com 1 VA DOH OEMS AGENCY > : 50616 EXPIRES: Pending CLASSIFICATION OF LICENSE: 1 AlS-Non-Transport HAS YOUR AGENCY EVER SEEN PERMITTED TO OPERATE IN VIRGINIA BEACH? ' L No, never: X Yes, currency:_ _ Yes, but not currently: 1 FOR PERM:i ►iNG& EXECUTIVE CONCERNS, WHAT IS YOUR CHIEF EXECUTIVE OFFICER'S.-. NAME? Michael: Lewis MAILING ADDRESS? 2200 East Admiral Dnve ssee;address or Po box,city,state,zia Virginia Beach,Virginia 23451 EMAIL ADDRESS? mikeVcoastaleventmed.com PHONE #? Work: 757-373-8815 Cell: 7E7-373-8815 4 FOR OPERATIONS IN THE VIRGINIA BEACH AREA. PLACE OF OPERATIONS ADDRESS: 2240 West Great Neck Road street ecwres5 city,state,r.G Virginia Beach,Virginia no PO box 23451 OFFICER IN CHARGE(O1C) NAME: Michael Lewis OIC EMAIL ADDRESS: mike gcoastaleventmed.com OIC PHONE #: Work: 757-373-8815 Cell: 757-373-8815 DO YOU KEEP ONE OR MORE AMBULANCES FULLY STAFFED 24/7? Yes: , No: X HAVE WE ISSUED YOU A RADIO ON OUR RADIO SYSTEM? Yes: _ X_ No: I 1 FOR CALLS FOR SERVICE IN THE VIRGINIA BEACH AREA, WHAT IS THE PHONE 4 FOR.. VB EMS DEPT /911 CENTER USE? 757-373-8E 15 1 HOSPITAL USE? 757-373-8815 OTHER HEALTH FACILITY/OFFICE/CLINIC USE? 757-373-8815 MEMBER OF THE PUBLIC USE? 757-373-8815 WHO IS YOUR OPERATIONAL MEDICAL DIRECTOR?I NAME: Ashley Fox EMAIL ADDRESS: OMDOcoastaleventmed.com PHONE #: Work: 845-641-6284 Cell: 845-641-6284 4 1,the undersigned,am IegaGy authorize:to sign the application for the compu-i. The in`ormattan contained herein is true arid cc4rect. The company compt,es with the minimum requirernei as se':forth In the current Virginia E ier9enry Miiiica'Se-vices Reguiabbris. 12 VAS 5-31,as amended. The company understands thr it may not provide any EMS service;within the City of Virginia Beach withou,a current,valid City of Virginia Beach Commercial EM$Agency Permit and Virginia OEMS EMS Apncy License. The corr,pany understands tha:should Virgin:a Beach Commercial EMS Agency Permit to operate wltNn the City of Virginia Beach be Issued,it does rot authorize a response area witTin the City. Should the company need to change its operae3na' or administrative officers,corporate Or contact Information,or level of service;or termIrtate service;or have a change in its stoic i;sared license(s);the company shay notify the Virg of t!eac t•.EMS Department within 1C days ce th.event(s). by submitting this agency pf.rmk application,the company agrees that it shah submit to the Virginia Beads EMS Department amy renewals,charges,or enforcement actions asso:ated with the company's OEMS Agency License within.10 days of sod ctkm;s). The company under5tands that failure to comply with thew ter r may res5uh in its perrnt to operate in Virginia Beads bang susoenied or reoaked. //,..; Your signature: , . DATE: 9/1/2022 I AM THE: LCEO listed above: X Operations Officer listed above: 7 _ : _, h Return this forrr to: Division Chief Kevin Lipscomb, NRP k1ip c o 7.fia+pov_ccn Regulation &Suppot Services Virginia Beach EMS Department 4160 Virginia Beach Blvd Vii ginia Beach VA 23,152 Va Beach commer oai EMS agency classification: BLS ALS NEONATAL AIR NON-EMERGENCY EMERGENCY NEW RENEWAL REINSTATEMENT DISCLOSURE STATEMENT FORM - The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Pahala Park LLC "DEA" Coastal Event Medical Management Indicate if you receive any of the following services, and if so, from whom: YES ' NO SERVICE ( PROVIDER(use additional sheets if needed) u e .'r.,'-r;tor: �2' Lords Land r.::' X Accounting and/or preparation of V=r it A Reach, Vd tax returns 23454 Financial Services(include hank nt:-irirc.:i nia X institutions, lending institutions, i and current mortgage holders as ^'gyp Fc::r . C- eed?l r r-- applicable) X Legal Services c .:i ri.--P J an-1 St ''irg?r is Each, VA . _ / ._-. ..- _ _ - CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is ;complete, true, and accurate I understand I am responsible for updating the information provided herein if it changes prior file6rcil action upon this Application. i( {iGNA,i:R' LLC PRINT NAME u.;I E NIA.-`nC ��Q'��1h�.p7 ,V CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Federal Funds to the Police Department for Law Enforcement Mental Health and Wellness Programs and Training MEETING DATE: November 1, 2022 • Background: The Public Safety Partnership and Community Policing Grant is a program from the United States Department of Justice, Office of Community Oriented Policing Services. This grant supports a broad range of activities for safe policing for safe communities. The authorizing legislation, the Law Enforcement Mental Health and Wellness Act, provides funding to support law enforcement mental health and wellness programs. • Considerations: The grant provides $126,000 of funding. There is no local match requirement for this grant. The funding supports the following initiatives: • $10,000 for Mental Health First Aid Safety Instructor Training; • $10,500 for Peer Support Training; • $24,000 Mental Wellness and Mindset Training; • $45,000 Resilience Training; • $7,500 Pastoral Crisis Management Training; • $26,000 Mindfulness based Peer Coach Training; and • $3,000 for travel. This funding must be spent by August 31, 2024. • Public Information: Public information will be provided though the normal Council Agenda process. This grant requires a public comment, which will occur at the November 1, 2022 meeting. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: /I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS TO THE POLICE DEPARTMENT FOR 3 LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS 4 PROGRAMS AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $126,000 is hereby accepted from the United States Department of Justice, Public 10 Safety Partnership and Community Policing Grant, and appropriated, with federal 11 revenue increased accordingly, for training and travel to enhance law enforcement mental 12 health and wellness programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: IL;•/•iiarbiC)CX _-------- Budget and Management Services or 's ice CA15956 R-1 October 20, 2022 Ica akl. rorigS .r ..**N‘A5...tit +1, `-r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the Police Department for Internet Crimes Against Children Investigations and Related Activities MEETING DATE: November 1, 2022 • Background: The County of Bedford and more specifically, the Southern Virginia Internet Crimes Against Children (ICAC) Task Force, has been awarded funding from the ICAC Fund. This funding has been made available by the Virginia Department of Criminal Justice Services. The Police Department has been approved as a sub-recipient for $35,000 of this funding. This grant will fund equipment needed for ICAC investigations, overtime for ICAC related travel, training or other approved events, and training needed to investigate ICAC cases. • Considerations: There is no local match requirement for this grant. The grant period is from September 7, 2022 through June 30, 2023. • Public Information: Normal Council Agenda process • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE POLICE DEPARTMENT FOR INTERNET 3 CRIMES AGAINST CHILDREN INVESTIGATIONS AND 4 RELATED ACTIVITIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $35,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services via the Southern Virginia Internet Crimes Against Children Task Force (ICAC) 11 and the Bedford County Sheriffs Office and appropriated, with revenue from the 12 Commonwealth increased accordingly, for overtime, the purchase of equipment, travel, 13 and training to enhance efforts to address internet crimes against children. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r+A ' B dget and Management Services ttorney's Office CA15954 R-1 October 20, 2022 r \111A �• r> x d�J itLt`Mv� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds to the Department of Housing and Neighborhood Preservation to Conduct an Updated Housing Study MEETING DATE: November 1, 2022 • Background: At the September 27, 2022 City Council briefing, staff from the Department of Housing and Neighborhood Preservation (DHNP) provided an overview of key findings and recommendations from the Virginia Beach Housing Needs Assessment, Market Analysis, and Reinvestment Study (the "Housing Study") conducted by the Virginia Center for Housing Research (VCHR) at Virginia Tech in 2016. Staff also presented a possible scope and timeline for VCHR to provide an analysis of the current housing market, updated recommendations, and a housing strategy and implementation plan. The 2016 Housing Study provided information on the City's household demographics, housing stock, homeownership, rental rates, and neighborhood characteristics. Various stakeholders provided input for the Housing Study, and it revealed trends, housing needs, and opportunities for achieving the City's goals for affordability and the preservation and enhancement of existing housing. In 2019, staff began planning the development of a housing strategy that would have become the housing policy in the 2020 Comprehensive Plan. However, the pandemic and demographic changes have had a major impact on the housing market over the last several years, necessitating an updated study. Also, staff needs assistance in researching potential strategies and tools for consideration by the Council and the City's leadership to address housing needs in the City. Staff from DHNP contacted VCHR to obtain a proposal for services that would include an analysis of the current housing market, stakeholder and public engagement opportunities, and the identification of strategies to address the housing needs in the City. The estimated cost of such services is $100,000. Staff recommends the General Fund Reserve for Contingencies as the funding source for the study. Adequate funding is available in the Reserve. If this ordinance is approved, the balance of the reserve will be $1,175,201. • Considerations: Approving the ordinance will allow VCHR to conduct an updated Housing Study and avoid further delays in developing and implementing a strategy for affordable housing in Virginia Beach. If this transfer is approved, the final report and recommendation should be ready for the City Council's consideration and policy direction in the Summer of 2023. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: p) 12 1 AN ORDINANCE TO TRANSFER FUNDS TO THE 2 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 3 PRESERVATION TO CONDUCT AN UPDATED 4 HOUSING STUDY 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $100,000 is hereby transferred from the General Fund Reserve for Contingencies 10 to the Department of Housing and Neighborhood Preservation for an updated housing 11 study with a focus on development of a strategy for affordable housing in the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iget and Management Services ty A s O le CA15941 R-1 October 3, 2022 roA r.1 da l,i•- v'r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Four Positions and Associated Funding from the Department of Human Services to Support Purchasing and Public Works Staffing Needs for Construction Projects MEETING DATE: November 1, 2022 • Background: Over the past few years, the City's Purchasing Division staff have experienced a steady increase in workload due to a confluence of factors: American Rescue Plan Act (ARPA) projects with a construction commitment deadline of December 2024, the influx of Flood Protection Program projects supported by the bond referendum, increased workload associated with the review of Small, Women-owned, and Minority- owned Business initiatives/contracts. Additionally, while ARPA is one-time funding, the City anticipates additional ongoing construction workload due to the passage of the Infrastructure Investment and Jobs Act and release of millions in federal funding. To meet existing demands for service and to ensure the Purchasing Division is able to process contracts in a timely manner, it is recommended to increase the number of positions within the Purchasing Division of Finance Department and the Contracts Office in Public Works, which assists in the preparation of documents for construction projects. • Considerations: To help manage this increased workload, Human Resources and Budget and Management Services identified four long term vacancies within the Department of Human Services that can be redirected for this purpose. Three FTEs would be transferred to Finance and one to Public Works. The proposed positions to transfer are shown in the table below, along with their budgeted compensation. Any additional amount needed by Finance and/or Public Works once these positions are reclassified will be absorbed through General Fund vacancy savings. Human Services — FTEs Transferred Out Position Budgeted Salary and Benefits Quality Assurance — Clerk $46,410 Accounts Payable — Account Clerk $49,773 Juvenile Detention Center— Counselor $61,604 Emergency Services — Office Assistant $47,675 Total Salary and Benefits $205,462 Reclassified FTEs Position Estimated Salary and Benefits for the Remainder of FY 2022-23 Finance, Procurement Specialist II $51,101 Finance, Procurement Specialist III $57,512 Finance, Procurement Specialist III $57,512 Public Works, Contract Specialist $39,337 Total Salary and Benefits $205,462 Human Services currently has a total of 266 vacancies. Redirection of these four FTEs is not anticipated to negatively impact service delivery. Staff service levels will be closely monitored throughout the remainder of the fiscal year. Additionally, backfilling these transferred FTEs will be given consideration, and will be reevaluated as part of the FY 2023-24 Operating Budget process. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Services City Manager: 1 AN ORDINANCE TO TRANSFER FOUR POSITIONS AND 2 ASSOCIATED FUNDING FROM THE DEPARTMENT OF 3 HUMAN SERVICES TO SUPPORT PURCHASING AND 4 PUBLIC WORKS STAFFING NEEDS FOR CONSTRUCTION 5 PROJECTS 6 7 WHEREAS, the American Rescue Plan Act, Flood Protection Program, and SWaM 8 initiatives has increased the service delivery demands upon the Purchasing Division of 9 the Finance Department and the Contracts Office within Public Works; 10 11 WHEREAS, additional federal funding for construction project is anticipated due 12 to the passage of the Infrastructure Investment and Jobs Act; 13 14 WHEREAS, there are four long-term vacancies in the Department of Human 15 Services identified as candidates to transfer to meet the additional requirements in the 16 Purchasing Division and Contracts Office; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1. Three FTEs and $166,125 are hereby transferred from the Department of 22 Human Services to the Finance Department. 23 24 2. One FTE and $39,337 is hereby transferred from the Department of Human 25 Services to the Department of Public Works. 26 27 3. The City Manager is hereby authorized to transfer funds from General Fund 28 vacancy savings to provide any additional funding necessary to fill the four 29 positions transferred by this action. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LW) i.k_..----------- -------- B. dget and anagement Services ity rn s Office CA15957 R-1 October 20, 2022 L. PLANNING 1. CARL JOSEPH & VICTORIA MATHER TREMAGLIO for a Street Closure re 7.5-foot by 50-foot portion of an unimproved alley adjacent to 209 55' Street DISTRICT 6 (Formerly District 5 —Lynnhaven) RECOMMENDATION: APPROVAL „.....,4,,,,, t' .-"t, ) ,„„„,„;:,__.,) NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, November 1,2022 at 6:00 p.m.In the Council Chamber at City Hall,2^a Floor at 2401 Courthouse Drive,Building 1, Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV, and via WebEx. Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at: h nos://v_tgov,webex.com/vbgov/ Q n stagel¢.ohD?M TI D-e 17 6f86a 9e88bc9f78199b1d497da2466 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on November 1, 2022. The following requests are scheduled to be heard: Carl Joseph Tremaglio & Victoria Mather Tremaglio (Applicants) Street Closure Adjacent Address: 209 55' Street Adjacent GRIN(s):2419708246. 24197084102081, 24197084102082, 241970841 Council District District 6 Copies of the proposed plans. ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at www.vbgov.com/pc. For information call 757-385-4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, www.vbgov.com and Facebook Live. Please check our website at www.vbgov.com/governmentjdepart ments/city-clerk/citycouncil for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Cierk BEACON-OCTOBER 16&23,2022- 1 TIME EACH 0 .0x. \__„--- - \ \_- rest_ R5R(N E) \ (F ) 5 h- -- ' \3 °--\ \ r\ i, St ' I66 ,_ - t 0 ..,,,, \6 \„,\ \\„ ,___ ___ , \ c St,�ee _ ._ ______ , —73 a 56t,,,, -'� % ,, \ „ 0 R:5R(N:E-) R5R(N E) R5R\ \,-,_i(N E)) ss --" ., 0-0-,('', ;\__-\ \, _ , , , \ 0.1i fo-\--'0P----- \\ o ,,-,• •••iii..• •••• , iM\ \g, , i r , , .7g , — tree \R5R(NE1) ' '\\ 0- ----A .„, it ii RR�. N�E 55th- \-- \ \ R5R(NIE,) ' I -:-' -----n . kfCSI'T!---°------ \ __R�5R N.E, , 55 (.� ) R5R(N,�E) ---. \ ,_-, _ r'\ \ „--\ \ ,-----, r----1 ----\ V A Site w./A&�- Carl Joseph Tremaglio & Victoria Mather Tremaglio v4 Property Polygons �,�' 209 55th Street s Zoning Building Feet 0 1530 60 90 120 150 180 I -^^'-,y� 1 \'!��M sus 0,..,..4,AY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Carl Joseph and Victoria Mather Tremaglio for the Closure of a Portion of an Unimproved Alley Adjacent to the Rear of 209 55th Street MEETING DATE: November 1, 2022 • Background: Carl Joseph and Victoria Mather Tremaglio (the "Applicants") requested the closure of approximately 375 square feet of an unimproved alley (the "Right-of- Way") adjacent to the rear of their property located at 209 55th Street, (GPIN 2419- 70-8246), for the purpose of incorporating the closed area into their adjoining property. In 2008, City Council approved a multi-party application to close parts of the alley in this block between 55th Street and 56th Street. The portion of the alley that is the subject of this application was included as part of the approved 2008 multi-party application. Condition 2 of the 2008 approval required the Applicants to resubdivide their properties to vacate interior lot lines to incorporate the area into the adjoining parcels and to record the resubdivision. The previous owner of 209 55th Street did not meet this condition; therefore, the Applicants resubmitted this application. • Considerations: Other street closure requests similar to this request have been approved for portions of the alleys between 52nd and 57th Streets, including the 2008 closure of portions of the alley between 55th and 56th Streets. The Viewers determined that the closure of the Right-of-Way, with the conditions set forth below, will not result in any public inconvenience. There was no opposition to the request. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. • Recommendation: On September 14, 2022, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request, subject to the following conditions: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall Carl Joseph & Victoria Mather Tremaglio Page 2 of 2 be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants or the Applicants' successors or assigns shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. • Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. --?P?Submitting Department/Agency: Planning Department City Manager: 1 ORDINANCE APPROVING THE APPLICATION OF 2 CARL JOSEPH AND VICTORIA MATHER 3 TREMAGLIO FOR THE CLOSURE OF A PORTION 4 OF AN UNIMPROVED, UNNAMED LANE 5 ADJACENT TO THE REAR OF 209 55TH STREET 6 7 WHEREAS, Carl Joseph and Victoria Mather Tremaglio (the "Applicants") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described portion of an unimproved, unnamed right-of-way discontinued, closed, and 10 vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of unimproved, unnamed right-of-way (the 22 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 23 met on or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (375 SQ. FT. OR 0.009 ACRES)", and shown as the cross- 29 hatched area on that certain street closure exhibit entitled: 30 "STREET CLOSURE EXHIBIT OF A 7.5' X 50' PORTION 31 OF THE 15' WAY (PUBLIC R/W) ADJACENT TO LOT 16, 32 BLOCK 10 UBERMEER (M.B. 7, PG. 150) VIRGINIA 33 BEACH, VIRGINIA", Scale: 1" = 30', dated June 24, 2022, 34 prepared by WPL, a copy of which is attached hereto as 35 Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1. The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets No GPIN assigned (City Right-of-Way) Adjacent GPINs: 2419-70-8246 45 Pursuant to Street Closures", approved by City Council. 46 47 2. The Applicants shall resubdivide the property and vacate the internal lot 48 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must 49 be submitted and approved for recordation prior to the final street closure approval. 50 Said plat shall include the dedication of a public drainage easement over the Right-of- 51 Way to the City of Virginia Beach, subject to the approval of the Department of Public 52 Works, and the City Attorney's Office, which easement shall include a right of 53 reasonable ingress and egress. 54 55 3. The Applicants shall verify that no private utilities exist within the Right-of- 56 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 57 company must be provided. 58 59 4. Closure of the Right-of-Way shall be contingent upon compliance with the 60 above-stated conditions within 365 days of approval by City Council. If the conditions 61 noted above are not accomplished and the final plat is not approved for recordation 62 within one (1) year of City Council approval, said approval shall be considered null and 63 void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before October 31, 2023, 68 this Ordinance will be deemed null and void without further action by the City Council. 69 70 2. If all conditions are met on or before October 31, 2023, the date of final 71 closure is the date the street closure ordinance is recorded by the City Attorney. 72 73 3. In the event the City of Virginia Beach has any interest in the underlying 74 fee, the City Manager or his designee is authorized to execute whatever documents, if 75 any, that may be requested to convey such interest, provided said documents are 76 approved by the City Attorney's Office. 77 78 SECTION IV 79 80 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 81 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 82 VIRGINIA BEACH (as "Grantor") and CARL JOSEPH TREMAGLIO and VICTORIA 83 MATHER TREMAGLIO, (collectively, as "Grantee"). 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 86 of , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lokj /0 (k1/14144 Planning D partme/nt City Attorne CA15796 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d013\p044\00837260.doc R-1 October 20, 2022 die A N/F I N/F I N/F LOT LOT 7 LOT 6 2419-708 A 7460 I M.B.7 PG.150) I 2419-70-8462 I.N.20091204001387280 12419(70-8410-2082 & I (M.B.7, PG.150) 10' VIRGINIA POWER 2419-70-8410-2082 COMPANY EASEMENT (M.B.300, PG.17 (I.N.20100617000596870) 7- CONDO) 15' WAY — N 74'33'55" E (M.B. 7, PG. 150) ti . - - - .50' (UNIMPROVED) N 74'33'55" E 50' BLOCK 10' VIRGINIA POWER COMPANY EASEMENT 10 J S (I.N.20100617000596830) 41(,,C) S ''� AREA OF PROPOSED N h N �� STREET CLOSURE "l iz-�� (375 SQ. FT. OR LOT 16 (0 0.009 ACRES) 2419-70-8246 e 71$! N/F N/F LOT 15 v LOT 17A 0 (M.B.7, PG.150) % 2419-70-8216 O I.N.20091204001387280 co N 2419-70-9207-5501 & ( ) 2419-70-9207-5505 #t!iIT}IOpj (I.N.20141119001100070 t- '-t cr - CONDO) • RIC . ARNER.-, Lic. . 2904 e 06/27/2022 ,4k. j `5) ' ) .1) SURs 50 S 74'33'55s' W 50.00' TO NOTES: MYRTLE AVENUE'— 1. THIS EXHIBIT IS INTENDED TO SHOW THE 55 th S TREE T AREA OF PROPOSED RIGHT—OF—WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED (40' R/W) (M.B. 7, PG. 150) RECORD DOCUMENT(S) AND IS NOT INTENDED 0 30 60 90 Feet FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED GRAPHIC SCALE 1” = 30' FOR THIS PROPERTY. STREET CLOOFSURE EXHIBIT i; A 7.5'x50' PORTION OF THE 15' WAY (PUBLIC R/W) ADJACENT TO LOT 16, BLOCK 10 UBERMEER r;t (M.B. 7, PG. 150) Civil Engineering VIRGINIA BEACH, VIRGINIA SHEET 1 OF 1 oom 757.431.1041 Ma0w61114 SIE 8 r 8f/ ,M 2% SCALE: 1"=30' AUGUST 10, 2022 CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA I F.B.932 PG.34-35 I PLAT: U-16 I IN:222-0161 INBApplicants Carl Joseph & Victoria Mather Tremaglio Agenda Item Planning Commission Public Hearing September 14, 2022 City Council Election District District 6 formerly District Beach Virginia Beach Request Street Closure Staff Recommendation �ds'`et ji Approval blosW,fie 144A Staff PlannerII 4z �°"'S` Elizabeth Nowak ��,hs" a��l ,..► Location F ; 7.5-foot by 50-foot portion of an unimproved r i t s { - alley adjacent to 209 55th Street \ r Adjacent GPIN sslhSl.tt1 SA,hSpen 2419708246 SO's�le` WI s�i4 r- \ f;yd Site Size �✓ Sa,,,svc` 375 square feet T { s' �a� ,St ;1 AICUZ s 5 Sows"ee ow Less than 65 dB DNL Q A'g90-V ` Watershed NOt Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling/ R-5R Residential, North -- 5eio,ss ,p4/110' * Alt t- ' .d :: End 0004 a i, Lk,. v ; Surrounding Land Uses and Zoning Districts F ,, . ' North ,,, �� . .� Single-family dwelling/ R-5R Residential, North ,%''' , is...(' 0End %-. , , �',;;7- ` ` ..- A4_,.:R,�:� lv .macSouth ,.., 7..1' - 1r ,55th Street _. t 4' -Single-family dwelling/ R-SR Residential, North 1' - It A '46 End . 0 . 4 East .' Myrtle Avenue • Single-family dwelling/ R-5R Residential, North ' •'" `s1 '� '� End ` . .I, - �-- t., West Single-family dwelling/ R-5R Residential, North End Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 1 Background & Summary of Proposal • The applicants are requesting to close a portion of the platted, unnamed, and unimproved alley that is adjacent to the rear lot line of 209 55th Street. As shown on the submitted street closure exhibit, the proposal includes closure of half of the 15-foot wide alley,totaling 375 square feet, and incorporating that land into their adjacent residential lot, identified as Lot 16, Block 10 of Ubermeer. • In 2008, City Council approved a multi-party application to close parts of the alley on this block of 55th Street and 56th Street.The portion of the alley that is the subject of this application was included as part of the approved multi- party application in 2008. Condition 2 of the 2008 approval required applicants to resubdivide their properties to vacate interior lot lines to incorporate the area into the adjoining parcels and to record the resubdivision.This condition was never met for Lot 16, Block 10 of Ubermeer,which is why the applicant is resubmitting this request. • The site has consistent development with other residential lots in the Ubermeer neighborhood with a single-family home and a fenced-in back yard. Currently,the area proposed to be closed is not fenced in by the applicant. Most of the alley to the immediate west of the subject area was closed in 2008.The remainder of the alley consists of mature,thick landscaping. 2S R(NE� \:„....\-- Stith oi 1111 3 ts F,E:------A Zoning History x # Request ;30' : ,S3 \-1_____ - _ i - ii \I 1 STC(Portions of 15-foot wide alley)Approved �/� \--1-13c1 07/08/2008 Q 2 NON (Replacement of two-family dwellings)Approved 0 ,......-- 10/09/2012 0 — - \____ \ _ ---1:!Ge R5 h. -,,''' '.\ r� y ' J�-J. R'.R;N1� Application Types CUP—Conditional Use Permit MODC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MODP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation & Recommendation As required by City Code, a Viewers' Meeting was held on July 29, 2022,that included City Staff from the Departments of Public Works, Public Utilities, Planning&Community Development, and the Office of the City Attorney,to consider this request.The Viewers determined that the proposed closure will not result in any public inconvenience; therefore, closure of this portion of the right-of-way is deemed acceptable. As evident on the Zoning History map above, many similar requests have been reviewed and approved by City Council for closure of alleys within the Ubermeer neighborhood, including a previous request for closing this portion of the alley. Consistent with many of those approvals, Condition 2 is recommended below whereby the City of Virginia Beach will retain a public drainage easement over the closed portion of the alley in the event that the property is required in the future for drainage of public water. Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 2 Based on the considerations above, Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Public Utility Impacts Water City water is connected to the site. Sewer City sanitary sewer is connected to the site. Natural & Cultural Resources Impacts The site is located in the Atlantic Ocean watershed.There do not appear to be significant natural or cultural resources associated with the site. Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on August 15, 2022. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,August 28, 2022 and September 4, 2022. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on August 29, 2022. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on September 8, 2022. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, October 16, 2022 and October 23, 2022. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on October 17, 2022. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on October 28, 2022. Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 4 Street Closure Exhibit I N/F LOT 7 N/F (M.B.7, PG.150) I N/F LOT 8A 12419-70-8410-2082 &I LOT 6 2419-70-7460 2419-70-8410-2082 2419-70-8462 (I.N.20091204001387290) (M.B.300, PG.17 (M.B.7, PG.150) - CONDO) L Z50' 7.50' 15' WAY _ N 74'33'55" E (AI.B. 7, PC. 150) 7.50' VIRGINIA POWER •>• *�. 50'•�1�* ,S (UNIMPROVED) COMPANY EASEMENT N 74'33'55" E 50' BLOCK (I.N.20091204001387290) �? 10 ki§S AREA OF PROPOSED N h %t STREET CLOSURE LOT tB iQ (375 SQ. FT OR 2419-70-8246 (0(04 0.009 ACRES) <- ?�o 0 0 Sty p�f W cS N/F �O�i N/F 3 : •� LOT 15 �' LOT 17A � 2419-70-8216 at:. p (M.B.7, PG.150) cp 2419-70-9207-5501 & �,I.H OF (I.N.20091204001387290) N N 2419-70-9207-5505 ' f�j (I.N.20141119001100070 ilcrl - CONDO) 1RiER►-4 Lie. . 2904 e 06/27/2022 ^5" k `5) \) SUR S 74'33'55" W 50.00' TO NOTES: MYRTLE AVENUE�~ 1. THIS EXHIBIT IS INTENDED TO SHOW THE 55m STREET AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED (40' R/W) (M.B. 7, PG. 150) RECORD DOCUMENT(S)AND IS NOT INTENDED 0 30 60 90 Feet FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED GRAPHIC SCALE 1" = 30' FOR THIS PROPERTY. STREET CLOSURE EXHIBIT ¢ - -= OF A 7.5'x50' PORTION OF THE -_ _ 15' WAY (PUBLIC R/W) ADJACENT TO = LOT 16, BLOCK 10 _- - UBERMEER ��A�rr .. (M.B. 7, PG. 150) a��y� VIRGINIA BEACH, VIRGINIA SHEET 1 OF 1 242 Wag sr I Mask MADE SCALE: 1"=30' JUNE 24, 2022 CAD/&BKII/eag CITY OF VIRGINIA BEACH. VA I F.B.932 PG.34-35 (PLAT:U-18 IIN:222-0181 Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 5 Site Photos •i.:r .r. >r i' iftic, __ fit. 5,' 11 yR . _ ti I ---. - _- 3 - i_._. .__-- ,. ' > • '4d x t V. 4 1 i.#, I. 4. 11r x , z. '-. 1 ,. ,3.. r �x>r . i 4,-4-2,Cellz .- -,• • A- �-,.„ ,: ' "T .. A...it 1 • Mr Mgr ,, - yo , ...,,. , Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 6 Disclosure Statement Disclosure Statement \1113 ('uy tiVuvirpo Bads - Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Carl Joseph Tremaglio&Victoria Mather Tremaglio Does the applicant have a representative? • Yes ❑ No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes U No • !r yes st th, r ames of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09.2020 Wage Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 7 Disclosure Statement Disclosure Statement NB City of Vaginio Bdeh Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes . No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? II Yes ❑No • If yes,identify the financial institutions providing the service. Atlantic Bay Mortgage 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ®No • If yes,identify the company and individual providing the service. 3 Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes iii No • if yes,identify the firm and individual providing the service 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ■No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ®No • If yes,identify the purchaser and purchaser's service providers Revised 11 09 2020 1 1 Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 8 Disclosure Statement Disclosure Statement .1B • cccq'it,v ieFod+ j _ ^ �. �,,,�,,,�,,,,w, Planning&Community • Development • 'ate 4. 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?Illi Yes 0 No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be • operated on the property?Ill Yes ❑No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or comm ee in connection with this application. 1WkAieZ Appli cat Slgnatu Carl Joseph Tr aglio Victoria Mather Tremaglio Print Name and Title June 2$,2022 Date Is the applicant also the owner of the subject property? ■Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications R] No changes as of Date 0 11 2022 signature a;,, il/e Print Name Elizabeth Nowak Revised 11.09 2020 3 fr f, Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 9 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Tremaglio Carl Joseph &Tremaglio Victoria Mather Agenda Item 11 Page 10 Virginia Beach Planning Commission September 14, 2022, Public Meeting Agenda Item # 11 Carl Joseph Tremaglio & Victoria Mather Tremaglio (Applicants) Street Closure Adjacent Address: 209 55th Street RECOMMENDED FOR APPROVAL— CONSENT Mr. Alcaraz: Thank you. Next item for consent is item # 11. Would the representative please come forward, and state you name? Mr. Bourdon: Mr. Chairman, members of the commission, for the record Eddie Bourdon,Virginia Beach Attorney, Mr. & Mrs. Tremaglio on this street closure application. All of the conditions as recommended by Staff are approved by the applicant. Mr. Alcaraz: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked John Coston to please read this item. Mr. Coston: The applicants are requesting to close a portion of the platted, unnamed, and unimproved alley that is adjacent to the rear lot line of 209 55th Street as shown on the submitted street closure exhibit. The proposal includes closure of half the 15-foot-wide alley totaling 375 square feet and is incorporated that land into their adjacent residential lot identified as lot 16, lot 10 of Ubermeer. In 2008, this action was presented and approved, but because we did not get some of the things done that that will require it has been resubmitted and the Staff has advised approval and the Commission concurs. Mr. Alcaraz: Mr. Chairman, that is the last item of the 10 items, and those on consent are 6, 7, 11, 14, 15, 16, 17, and 18 with modification, 19, and 20. Mr. Wall: Do I have a motion to approve by consent as read by the vice-chair? Mr. Alcaraz: Motion. Mr. Wall: A motion by Mr. Alcaraz. Do I have a second? Ms. Cuellar: Yes. Mr. Wall: Second by Ms. Cuellar. Madam Clerk: The vote is open. By vote of 10 in favor, and 0 against agenda items 6, 7, 11, 14, 15, 16, 17, 18 with conditions as modified, 19, and 20, have all been recommended for approval by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Bradley AYE Clemons AYE Coston AYE Cuellar AYE Frankenfield AYE Horsley ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. M. 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ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TCheliusgvbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e176f86a9e88bc9f78199b 1 d497da2466 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 1, 2022. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/18/2022 PAGE: 1 B E AGENDA R H ITEM# SUBJECT MOTION VOTE L B H 0 W W U R E L M R T I O C A D N C IMO 0 L 0 C N Y L 0 L OUWS T H C E EMF S S E OE I H R Y B S S E R N N CITY MANAGER'S BRIEFING A. OLD DOMINION UNIVERSITY Taylor V.Adams, INCENTIVE GRANT Deputy City Manager 11. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS III-V CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y A-E F. MINUTES 1. INFORMAL/FORMAL SESSIONS October APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y 11,2022 2. SPECIAL FORMAL SESSION APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y October 4,2022 G. MAYOR'S PRESENTATION 1. 60`h ANNIVERSARY AWARDS Pastor Mike Daniels Robert(Bob)Geis H. PUBLIC COMMENT 1. ALLOCATION OF EDWARD BYRNE I SPEAKER JUSTICE ASSISTANCE GRANT Law Enforcement Purposes I. PUBLIC HEARING 1. ATLANTIC PARK COMMUNITY 2 SPEAKERS DEVELOPMENT AUTHORITY DISTRICT(CDA) • Establish a Special Assessment and Special Property Taxes on the real property and to finance certain public improvements benefitting property within the CDA District • Approve the methodology for apportioning the Special Assessment among the real property comprising the CDA District K.1. Ordinance to ESTABLISH a Special Assessment ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y V Y and a Special Property Tax re Atlantic Park CONSENT Community Development Authority(CDA)and AUTHORIZE a Memorandum of Understanding (MOU) K.2. Ordinance to AMEND City Code Section Chapter DEFERRED TO 10-0 A Y Y Y Y Y Y Y Y Y Y 23, Article II re noise (Requested by Council DECEMBER 6, Members Tower and Moss) Deferred from July 2022,BY 12,2022—This item will be deferred to a later CONSENT date CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/18/2022 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L O L OUWS T HCEEME S S EOE I H R YBS S ERNN K.3. Ordinance to APPROPRIATE$1-Million from ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y } V the TIP Fund Balance to the Virginia Beach CONSENT Development Authority (VBDA) re Amphitheater roof repairs and renovations (Requested by Council Member Branch and Moss) Deferred from October 4,2022 K.4. Resolution to ESTABLISH a Virginia Beach ADOPTED 10-0 A Y Y Y Y Y Y Y Y V Y Cannabis Advisory Task Force (Requested by Council Members Berlucchi and Tower) K.5. Resolution to APPROVE the School Board's DEFERRED TO 5-3 A Y Y Y Y AA N N Y N entry into an Interim Agreement re the design FEBRUARY 21, BB s s work at Princess Anne High School, B.F. 2023 TT Williams/Bayside 6t°,and Bayside High School AA (Requested by Virginia Beach School Board) t i N N Deferred from September 6,2022 E E D D K.6. Ordinance to AUTHORIZE acquisition of ADOPTED,BY 10-0 A Y Y Y Y Y YYY Y V" property in fee simple, either by agreement or CONSENT condemnation re the Euclid Place Pump Station (Replacement of PS-357),CIP 100327(formerly CIP 6-153) K.7. Ordinance to AUTHORIZE the City Manager to ADOPTED 10-0 AN' YYY YYYYY Y Execute an Agreement between the City and individual property owners re permitting use of the City-Owned Lynnhaven Transfer Facility re private dredging projects K.8. Resolution to APPOINT Donna E.Hernandez as ADOPTED,BY 10-0 A Y Y Y Y Y YYY Y Y Assistant City Attorney,effective November 3, CONSENT 2022 K.9. Ordinance to APPROPRIATE$164,700 from the ADOPTED,BY 10-0 A Y Y Y Y Y YYY Y Y sale of surplus equipment to Capital Project CONSENT #100175,"Fire Apparatus IV"re purchase a new fire boat for the Fire Department K.10. Ordinance to APPROPRIATE$25,000 from the ADOPTED,BY 10-0 A Y Y Y Y Y YYY Y Y General Fund Balance re refund of MBCC CONSENT Development,LLC(MidAtlantic Broadband), cash deposit K.11. Ordinance to APPROPRIATE$7,198 from the ADOPTED,BY 10-0 A Y Y YYY YYYY Y Library Gift Fund Balance to the FY2022-23 CONSENT Public Library Operating Budget re purchase scanners for the Edgar T.Brown Local History Archive K.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y $851,149 from the Federal Emergency CONSENT Management Agency(FEMA)to the FY 2022-23 Fire Department Operating Budget re support the continued operations for the Virginia Task Force 2(VA-TF2)Urban Search and Rescue Team CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/18/2022 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L NI R T I O C A DNC I MOO L O C N Y L 0 I. OUW S T H C E E NI E S S E OE I H R Y B S S E R N N K.13 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y $214,663.37 from the Federal Emergency CONSENT Management Agency(FEMA)to the FY2022-23 Fire Department Operating Budget to support deployment and administrative costs for the Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team re mobilization to Kentucky K.I4. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y $181,350 from the Federal Emergency CONSENT Management Agency(FEMA)to the FY2022-23 Fire Department Operating Budget re to support equipment purchases for the Virginia Task Force 2(VA-TF2)Urban Search and Rescue Team K.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y Y Y $71,661 from the Edward Byrne Justice Grant CONSENT (JAG) to the FY2022-23 Police Department Operating Budget and Juvenile and Domestic Relations Court re law enforcement equipment K.16. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 A Y Y Y Y Y Y Y Y } $38,569 from the Department of Criminal Justice CONSENT Services to the FY2022-23 Human Services Operating Budget re support salary increases for full-time, state-funded positions providing Community Corrections and Pretrial Services 1..1. DARREN & MARCELLA KING JOINT APPROVED/ 10-0 A Y Y Y Y Y Y Y Y V Y REVOCABLE LIVING TRUST for a Variance CONDITIONED, to Section 4.4 (b&d) of the Subdivision BY CONSENT Regulations re properly record plat and to provide public street access at 3931 Richardson Road DISTRICT 8(Formerly District 4—Bayside) L 2. TAKE 5 PROPERTIES SPV, LLC, A APPROVED/ 10-0 A Y Y Y V Y Y Y Y Y Y DELAWARE LIMITED LIABILITY MODIFIED, COMPANY/FTB,LLC,for a Modification of CONDITIONED, Conditions re automobile repair garage at 3680 BY CONSENT Holland Road DISTRICT 3(Formerly District 3— Rose Hall) L.3. BUILD SENIOR LIVING, LLC, A APPROVED/ 10-0 A Y Y Y Y Y V Y Y } V MICHIGAN LIMITED LIABILITY PROFERRED/ COMPANY/KEITH L.SETZER,SHERYL CONDITIONED, SETZER MELVIN, BELINDA SETZER AS AMENDED HESTER, JSW HOLDINGS LLC, for a Conditional Change of Zoning from AG-1&AG- 2 Agricultural Districts to Conditional 0-1 Office District and Conditional Use Permit re housing for seniors&the disabled for properties on the North side of the intersection of Princess Anne Road&Tournament Drive,West of 2708 Princess Anne Road DISTRICT 2(Formerly District 7— Princess Anne) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/18/2022 PAGE: 4 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L O L OUWS T HCEEME S S EOE I H R Y B S , S ERNN L.4. ANTHONY LEE FRANCO/PROVIDENCE APPROVED/ 10-0 A Y Y YYY YYYY Y SQUARE ASSOCIATES, LLC, for a CONDITIONED, Conditional Use Permit re tattoo parlor at 1001 BY CONSENT Kempsville Road, Suites 1049, 1051, and 1053 DISTRICT 1(Formerly District 2—Kempsville) L.5. MIKE DAUBERT / BACK BAY FARMS, APPROVED/ 10-0 A Y Y YYY YYYY Y INC.,for a Conditional Use Permit re assembly CONDITIONED, use at 1833 Princess Anne Road DISTRICT 2 (Formerly District 7- Princess Anne) (Deferred from September 20,2022) L.6. BOING US HOLDCO, INC. / NMP-C4 APPROVED/ 10-0 A Y Y YYY YYYY Y FAIRFIELD S/C,LLC,for a Conditional Use CONDITIONED, Permit re car wash facility at 837 Kempsville BY CONSENT Road District 3(Formerly District 2—Kempsville) L.7 BEL AIRE,LLC,&TAKE 5 PROPERTIES APPROVED/ 10-0 A Y Y Y Y Y YYYY Y SPV,LLC/BEL AIRE,LLC,for Conditional CONDITIONED, Use Permits re automobile repair garage and car BY CONSENT wash at 1552 General Booth Boulevard DISTRICT 5 (Formerly District 7 — Princess Anne) L.8 SUSAN LIMOR for a Conditional Use Permit re APPROVED/ 10-0 A Y Y YYY YYYY Y short term rental at 303 Atlantic Avenue,Unit CONDITIONED, 1005 DISTRICT 5(Formerly District 6—Beach) BY CONSENT L.9 THOMAS CUNNINGHAM for a Conditional APPROVED/ 10-0 A Y Y YYY YYYY Y Use Permit re short term rental at 4005 Atlantic CONDITIONED, Avenue,Unit 207 DISTRICT 6(Formerly District BY CONSENT 6—Beach) L.10. GREG ZINIS for a Conditional Permit re short APPROVED/ 10-0 A Y Y YYY YYYY Y term rental at 304 261 ''A Street, Unit B CONDITIONED, DISTRICT 6(Formerly District 6—Beach) BY CONSENT APPOINTMENTS RESCHEDULED BYCO N S ENSU S 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/18/2022 PAGE: 5 B AGENDA E ITEM# SUBJECT MOTION VOTE R H L B H 0 W W U R E L M R T I O C A DNC I MOO L O C N Y L 0 L OUW S T II C E EME S S E OE I H R Y B S S E R N N BAYFRONT ADVISORY COMMISSION Reappointed: 10-0 A Y Y Y Y Y Y Y Y Y V Morgan Ayers 3 Year Term 12/1/2022— 11/30/2025 HOUSING ADVISORY BOARD Appointed: 10-0 A Y V V V V Y V V Y V Hannah Sabo— Planinng Department Unexpired Term thru 9/30/2025 INVESTIGATION REVIEW PANEL Reappointed: 10-0 A V Y Y Y Y Y V Y V } Cliff Rice 3 Year Term 12/1/2022— 11/30/2025 PROCESS IMPROVEMENT STEERING Appointed: 10-0 A Y V V V V V V V Y Y COMMITTEE Calvern Jackson— Green No Term L. UNFINISHED BUSINESS NI. NEW BUSINESS N. ADJOURNMENT 8:39 PM