2-6-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR ROBERT M. "BOBBY"DYER,At Large �r11A BEq
VICE MAYOR ROSEMARY WILSON-District s
MICHAEL F.BERLUCCHI-District 3 pk
BARBARA M.HENLEY-District 2
DAVID HUTCHESON-District I 2
ROBERT W. "WORTH"REMICK-District 6
DR.AMELIA N.ROSS-HAMMOND-District 4
JENNIFER ROUSE-District 10
JOASHUA F. 'JOASH"SCHULMAN-District 9
CHRIS TAYLOR-District 8
SABRINA D. WOOTEN-District 7
CITY HALL BUILDING 1
CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE
CITYMANAGER-PATRICK A.DUFIANEY VIRGINIA BEACH, VIRGIN14 23456
CITYA7TORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303
CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669
CHYAUDITOR-LYNDONS.REMIAS February 6,2024 EMAIL:CITYCOUIVCIL@VBGOV.COM
CITY CLERK-AMANDA BARNES
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. CITY COUNCIL'S BRIEFING -Conference Room- 2:00 PM
A. 2024 GENERAL ASSEMBLY UPDATE
Brent McKenzie, Legislative Affairs Liaison
II. CITY MANAGER'S BRIEFINGS
A. 2023 CRIME STATISTICS UPDATE 2:30 PM
Paul Neudigate,Police Chief
B. VOTER REGISTRATION AND ELECTIONS SPACE UPDATE 3:15 PM
Monica Croskey, Assistant City Manager
Tim Copeland, Real Estate Agent, Public Works
C. PENDING PLANNING ITEMS 3:45 PM
Kaitlen Alcock, Planning Administrator
III. CITY COUNCIL LIAISON REPORTS 4:00 PNI
IV. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 4:15 PM
V. CITY COUNCIL AGENDA REVIEW 4:30 PM
VI. INFORMAL SESSION - Conference Room- 4:45 PM
A. CALL TO ORDER
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. INVOCATION Reverend Clark Cundiff— Senior Pastor
Baylake United Methodist Church
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
E. ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF CLOSED SESSION
G. MINUTES
1. INFORMAL AND FORMAL SESSION January 2, 2024
2. FORMAL SESSION January 9, 2024
3. INFORMAL AND FORMAL SESSIONS January 16, 2024
4. SPECIAL FORMAL SESSION January 23, 2024
5. SPECIAL FORMAL SESSION January 30, 2024
H. MAYOR'S PRESENTATION
AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION
I. FORMAL SESSION AGENDA
1. CONSENT AGENDA
J. ORDINANCES / RESOLUTION
1. Ordinance to AUTHORIZE acquisition of property in fee simple for the Centerville Turnpike
Phase II Project, CIP 100057 (formerly CIP 2-409), 100451 (formerly CIP 5-251), 100452
(formerly CIP 6-556), and the acquisition of temporary and permanent easements, either by
agreement or condemnation re enhanced safety and increase capacity
2. Resolution to AUTHORIZE and DIRECT the City Manager to Execute a Memorandum of
Understanding(MOA)between the City and the cities of Norfolk, Chesapeake,Portsmouth, and
Suffolk, re establish the Hampton Roads Computer Aided Dispatch Interoperability
Project
3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia
Beach School Board and APPROPRIATE miscellaneous revenue re use of the school buses
during the National High School Coaches Association Senior Nationals
4. Ordinance to APPROPRIATE $1.2-Million from the Parking Enterprise Fund Balance to the
FY 2023-24 Economic Development Operating Budget re continuation of authorized Freebee
services to complete FY 2023-24 previously approved scope
5. Ordinance to ACCEPT and APPROPRIATE $10,261,435 from the Virginia Department of
Transportation(VDOT)to the FY 2023-24 Department of Public Works Operating Budget,and
TRANSFER$9,861,435 as Pay-Go Funding to the FY 2023-24 Capital Improvement Program
re(a) PG100040, "Bikeway/Trails and Renovation I" - $1,124,279; (b) PG100268, "Major
Bridge Rehabilitation II" - $5.3-Million; and (c) PG100401, "Street Reconstruction II" -
$3,437,158 and AUTHORIZE $400,000 re purchase two (2) crash trucks with arrow
boards and related equipment
6. Ordinance to TRANSFER $305,294 from the General Funds Reserve for Contingencies and
ACCEPT and APPROPRIATE $457,941 from the Commonwealth of Virginia to the FY
2023-24 Voter Registrar and Elections Operating Budget re Presidential Primary Election on
March 5,2024
7. Ordinance to ACCEPT and APPROPRIATE $30,925 from the Virginia Marine Resources
Commission to the FY 2023-24 Public Work Operating Budget and AUTHORIZE $30,925
subrecipient grant to the Vessel Disposal &Reuse Foundation re the administration, removal,
and disposal of three(3) of abandon and derelict vessels (ADVs)
K. PLANNING
1. RUFFIN 86,LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish
three (3) dwelling units to construct one-single family dwelling at 109 A & B 861, Street &
8600 Ocean Front Avenue DISTRICT 6 (Deferred from January 2, 2023)
RECOMMENDATION: APPROVAL
APPLICANT REQUESTS DEFERRAL TO MARCH 5, 2024
L. APPOINTMENTS
90-DAY FESTIVAL TASK FORCE
ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY POLICY AND MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW BOARD
PERSONNEL BOARD
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN VA BOARD
SHORT TERM RENTAL ENFORCEMENT TASK FORCE
STORMWATER APPEALS BOARD
TRANSITION AREA/ INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
OPEN DIALOGUE
Non-Agenda Items
Each Speaker will be allowed 3 minutes
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and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
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2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on
February 6, 2024.
I. CITY COUNCIL'S BRIEFING - Conference Room- 2:00 PM
A. 2024 GENERAL ASSEMBLY UPDATE
Brent McKenzie, Legislative Affairs Liaison
II. CITY MANAGER'S BRIEFINGS
A. 2023 CRIME STATISTICS UPDATE 2:30 PM
Paul Neudigate,Police Chief'
B. VOTER REGISTRATION AND ELECTIONS SPACE UPDATE 3:15 PM
Monica Croskey, Assistant City Manager
Tim Copeland, Real Estate Agent, Public Works
C. PENDING PLANNING ITEMS 3:45 PM
Kaitlen Alcock, Planning Administrator
III. CITY COUNCIL LIAISON REPORTS 4:00 PM
IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:15 PM
V. CITY COUNCIL AGENDA REVIEW 4:30 PM
VI. INFORMAL SESSION - Conference Room- 4:45 PM
A. CALL TO ORDER
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer
B. INVOCATION Reverend Clark Cundiff—Senior Pastor
Baylake United Methodist Church
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
E. ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF CLOSED SESSION
G. MINUTES
1. INFORMAL AND FORMAL SESSION January 2, 2024
2. FORMAL SESSION January 9, 2024
3. INFORMAL AND FORMAL SESSIONS January 16, 2024
4. SPECIAL FORMAL SESSION January 23, 2024
5. SPECIAL FORMAL SESSION January 30,2024
H. MAYOR'S PRESENTATION
AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION
IA B �
C
s
9� of ouR_ __ `off 06
Vrodamation
%4ereas: qhe first Afncans in Virginia were a group of captive enslaved persons originally from modern
Angola who fandedat Old(Point Comfort in 91ampton,Virginia in 1619;and
%*erra.r. One of the fim schools forAfrican American students was esta6Gshed in 1868;and
"*ere" ghegenerafcommemoration of the historicalcontri6utions ofAfncanAmericans in Virginia and
elsewhere was first estabhshed as Negro 9listory Weekin 1926 6y a native'Virginian,Carter G.
Woodson;and
U&7r" President GerafdP,TordeVanded this commemoration andcefe6ration to encompass BlackNutory
Month in 1976;and
%4errar. ?he theme of the commemoration in 2024 is AfricanAmericans andtheArts;and
4td4erras AfncanAmerican artists poets venters,visualartists and dancers have historically servedas
change agents through their crafts;and
U&79". Nttah literary,visuaC or performing arts,Blacktrailblazers and innovators revolutionized their
fiefds,often transforming them 6y pioneering new techniques and styles;and
vv*emax rlhrough art,important issues andfigures inAfncanAmerican history are eVIted and
underrepresentedstories are preserved.
Now,4Xerrfvrr I,W96ert 9W. "Bobby'(Dyer,9Kayor of the City of Virginia Beach,Virginia,do hereby proclaim.•
F'e6mary 2024
African American%eritage W onth
In l isginis B" I caQ'upon all citizens, government agencies, public and private institutions, 6usinesses, and
schools in Virginia Beach to join us in cerebrating art and its relationship with justice. Art plays a role in
communicating emotions, 6udding community,and inspiring action.
In 50iness 4M6rof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,
Virginia, to 6e affizedthisSivh q)ay of February,Two 7liowandandTwenty-Four.
,;�Fal4tw-P,401�
W96ert9K. Bo66y-Dyer
9Kayor
I. FORMAL SESSION AGENDA
1. CONSENT AGENDA
J. ORDINANCES/RESOLUTION
1. Ordinance to AUTHORIZE acquisition of property in fee simple for the Centerville Turnpike
Phase II Project, CIP 100057 (formerly CIP 2-409), 100451 (formerly CIP 5-251), 100452
(formerly CIP 6-556), and the acquisition of temporary and permanent easements, either by
agreement or condemnation re enhanced safety and increase capacity
2. Resolution to AUTHORIZE and DIRECT the City Manager to Execute a Memorandum of
Understanding(MOA)between the City and the cities of Norfolk,Chesapeake,Portsmouth,and
Suffolk, re establish the Hampton Roads Computer Aided Dispatch Interoperability
Project
3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement with the Virginia
Beach School Board and APPROPRIATE miscellaneous revenue re use of the school buses
during the National High School Coaches Association Senior Nationals
4. Ordinance to APPROPRIATE $1.2-Million from the Parking Enterprise Fund Balance to the
FY 2023-24 Economic Development Operating Budget re continuation of authorized Freebee
services to complete FY 2023-24 previously approved scope
5. Ordinance to ACCEPT and APPROPRIATE $10,261,435 from the Virginia Department of
Transportation(VDOT)to the FY 2023-24 Department of Public Works Operating Budget,and
TRANSFER$9,861,435 as Pay-Go Funding to the FY 2023-24 Capital Improvement Program
re (a) PG100040, "Bikeway/Trails and Renovation I" - $1,124,279; (b) PG100268, "Major
Bridge Rehabilitation II" - $5.3-Million; and (c) PG100401, "Street Reconstruction II" -
$3,437,158 and AUTHORIZE $400,000 repurchase two (2) crash trucks with arrow
boards and related equipment
6. Ordinance to TRANSFER $305,294 from the General Funds Reserve for Contingencies and
ACCEPT and APPROPRIATE $457,941 from the Commonwealth of Virginia to the FY
2023-24 Voter Registrar and Elections Operating Budget re Presidential Primary Election on
March 5,2024
7. Ordinance to ACCEPT and APPROPRIATE $30,925 from the Virginia Marine Resources
Commission to the FY 2023-24 Public Work Operating Budget and AUTHORIZE $30,925
subrecipient grant to the Vessel Disposal & Reuse Foundation re the administration, removal,
and disposal of three (3) of abandon and derelict vessels (ADVs)
uI
N
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize acquisition of property in fee simple for the
Centerville Turnpike Phase II Project, CIP 100057 (formerly CIP 2-409),
100451 (formerly CIP 5-251), 100452 (formerly CIP 6-556), and the acquisition
of temporary and permanent easements, either by agreement or condemnation
PUBLIC HEARING DATE: January 16, 2024
MEETING DATE: February 6, 2024
Background: The Centerville Turnpike Phase II Project, CIP 100057, 100451 and
100452 (collectively, the "Project") will widen this urban arterial roadway from its current
two-lane configuration to a four-lane divided highway for enhanced safety and increased
capacity. The current existing two-lane road carries 19,078 vehicles per day and has a
projected volume of 36,000 in 2040.
■ The Project improvements will span approximately 1 .85 miles, from Indian River Road
to Kempsville Road. The posted speed limit will remain at 35 mph. The proposed roadway
will consist of 11-foot-wide travel lanes and 4-foot-wide dedicated bike lanes with curb
and gutter. Sidewalks will be provided along both sides of the roadway. The west side
will have an 8-foot-wide sidewalk and the east side will have a 5-foot-wide sidewalk.
Intersections will be improved to enhance turning movements, pedestrian accessibility,
and signal performance. Water and sewer upgrades will be constructed within the Project
corridor. The Project will also include stormwater improvements for water quality and
quantity.
■ Considerations: The Project will require property and easements from 50 privately
owned parcels and approximately 9 City-owned parcels. Authority is requested to acquire
the necessary property and easements (temporary and permanent) by agreement or
condemnation.
In 2016 City Council approved an ordinance (ORD-34520) authorizing acquisition by
agreement or condemnation to acquire two properties that were known early to be needed
in their entirety. Both of those properties have been acquired.
■ Public Information: A Citizen's Information meeting was held on January 22, 2015.
A public hearing will be held on January 16, 2024, 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/Real Estate
City Manager:^9
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE SIMPLE
3 FOR THE CENTERVILLE TURNPIKE PHASE II
4 PROJECT, CIP 100057 (FORMERLY CIP 2-
5 406), 100451 (FORMERLY CIP 2-251), 100452
6 (FORMERLY CIP 6-556), AND THE
7 ACQUISITION OF TEMPORARY AND
8 PERMANENT EASEMENTS, BY AGREEMENT
9 OR CONDEMNATION
10
11 WHEREAS, the Centerville Turnpike Phase II Project, CIP 100057(formerly CIP 2-
12 409) includes widening of Centerville Turnpike from its current two-lane configuration to a
13 four-lane divided highway for enhanced safety and increased capacity. The current existing
14 two-lane road carries 19,078 vehicles per day and has a projected volume of 36,000 in
15 2040; and
16
17 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
18 public necessity exists for the construction of this important roadway project to improve
19 transportation, public utilities and stormwater within the City and for other related public
20 purposes for the preservation of the safety, health, peace, good order, comfort,
21 convenience, and for the welfare of the people in the City of Virginia Beach.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 Section 1. That the City Council authorizes the acquisition by purchase or
27 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.2-1007, et seg., and
28 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee
29 simple, including temporary and permanent easements and entire tracts upon which such
30 rights of way or easements shall be located within the limitations and conditions of Section
31 33.2-1007 of the Code of Virginia 1950, as amended (the "Property"), as shown on the
32 plans entitled "CENTERVILLE TURNPIKE PHASE II CIP 100057 (FORMERLY CIP 2-
33 409), 100451 (5-251), 100452 (6-556) PWCN 11-0212 FROM: KEMPSVILLE ROAD TO:
34 INDIAN RIVER ROAD" (the "Project"), and more specifically described on the acquisition
35 plats for the Project (plats and plans collectively referred to as the"Plans"), the Plans being
36 on file in the Engineering Division, Department of Public Works, City of Virginia Beach,
37 Virginia.
38
39 Section 2. That the City Manager is hereby authorized to make or cause to be made
40 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
41 offer to the owners or persons having an interest in said Property. If refused, the City
42 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to
43 condemn said Property.
44
45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
46 , 2024.
CA16254
PREPARED: 12/5/23
R-1
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
J.j
P BLIC WOR S REAL ESTATE CITY ATTORNEY
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LOCATION MAP
Legend ; CENTERVILLE TURNPIKE PHASE II PROJECT
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Project Area CIP 100057.
City Property ® Feet
e 0 600 1,200 2,400
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Legend CENTERVILLE TURNPIKE PHASE 11 PROJECT
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Nu
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing and Directing the City Manager to Execute a
Memorandum of Understanding among the Cities of Norfolk, Chesapeake,
Portsmouth, Suffolk, and Virginia Beach for the Hampton Roads Computer Aided
Dispatch Interoperability Project
MEETING DATE: February 6, 2024
■ Background: Public Safety Answering Points (PSAPs) utilize a Computer Aided
Dispatch system (CAD) to receive, process, and dispatch information regarding
emergency incidents to appropriate fire, emergency medical and/or law enforcement
agencies. The Hampton Roads CAD interoperability project will establish an interface to
allow Hampton Roads cities to link their CAD system through the interface agreement.
This allows the ability for partnered cities to receive and process emergency incidents for
individual contracted cities to include monitoring and dispatching of received incidents.
This MOU allows streamlined processing of emergency incidents received for partnered
cities that would otherwise have to be transferred for processing without the MOU or
interface capability.
■ Considerations: Yearly funding has been established within the Operating
Budget for interface subscription renewal, with an estimated yearly increase of 5%.
■ Public Information: Public Information will be provided through the normal
Council Agenda process.
■ Recommendations: Adopt Resolution
■ Attachments: Resolution; Hampton Roads Computer Aided Dispatch
Interoperability Project Memorandum of Understanding
Recommended Action: Approval
Submitting Department/Agency: Department of Emergency Communications and
Citizen Services
City Manager: //Z /�
1 A RESOLUTION AUTHORIZING THE EXECUTION OF
2 A MEMORANDUM OF UNDERSTANDING
3 ESTABLISHING THE HAMPTON ROADS COMPUTER
4 AIDED DISPATCH INTEROPERABILITY PROJECT
5
6 WHEREAS, the cities of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia
7 Beach desire to enter into a Memorandum of Understanding ("MOU") to establish a
8 Hampton Roads Computer Aided Dispatch Interoperability Project;
9
10 WHEREAS, each city operates an emergency services dispatching center which
11 utilizes a computer aided dispatch system ("CAD System");
12
13 WHEREAS, each city desires to link with the CAD System of the other cities to
14 create a real time dispatch and information sharing system between the city dispatch
15 centers to more effectively and efficiently coordinate and dispatch emergency resources
16 within Hampton Roads;
17
18 WHEREAS, each city has individually contracted with CentralSquare
19 Technologies, a third-party hosted CAD-to-CAD Interoperability System to link the cities'
20 CAD systems; and
21
22 WHEREAS, the City is authorized to enter into this MOU pursuant to Code of
23 Virginia §15.2-1300;
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA, THAT:
27
28 The City Manager is hereby authorized to execute the Memorandum of
29 Understanding between the City and the cities of Chesapeake, Norfolk, Portsmouth and
30 Suffolk to establish the Hampton Roads Computer Aided Dispatch Interoperability Project
31 attached hereto. The final Memorandum of Agreement is attached and approved by the
32 City Attorney.
33
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
—� ---- 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
/421
_- '
pa ment of Emergency Communications Office t
the City Attorney
CA13052
R-3
December 21, 2023
Hampton Roads Computer Aided Dispatch Interoperability
Project (HRCIP) Memorandum of Understanding
This Agreement(the"Agreement")made and entered into as of this day of ,
2023 by and between the localities of the City of Chesapeake, the City of Norfolk,the City of
Portsmouth, the City of Suffolk, and the City of Virginia Beach(herein after referred to as
"Member Agencies").
WHEREAS each Member Agency operates an emergency service dispatching center,which
utilizes a computer aided dispatch system("CAD System")to receive, process, and dispatch
information regarding emergency incidents to the appropriate fire, emergency medical, and/or
law enforcement agencies.
WHEREAS, each Member Agency has individually contracted with CentralSquare
Technologies, a third-party hosted CAD to CAD Interoperability System("System"),to link with
the CAD System of each Member Agency to create a real time dispatch and information sharing
system between Member Agencies' dispatch centers;
WHEREAS each Member Agency is an equal participating member that contributes to the
Hampton Roads Computer Aided Dispatch Interoperability Program("HRCIP");
WHEREAS,the CAD to CAD connection provided by CentralSquare allows Member Agencies'
Public Safety Answering Points(PSAPs)and other agencies that are approved private entities or
non-governmental agencies who have entered into agreements with the Member Agencies and/or
HRCIP to have access and who desire to contract with CentralSquare to receive CAD to CAD
connection and support("Contract Agencies")to more effectively and efficiently coordinate and
dispatch emergency resources within Hampton Roads;
WHEREAS, the Member Agencies are authorized to enter into this Agreement pursuant to Code
of Virginia § 15.2-1300.
NOW, THEREFORE,in consideration of the mutual obligations contained herein it is agreed by
and between the Member Agencies as follows:
I. SCOPE OF RESPONSIBILITIES
a. Each Member Agency shall at all times comply with standards established by
federal laws and regulations and the laws and regulations of the
Commonwealth of Virginia.
b. Each Member Agency agrees to be bound by this Agreement and by the
procedures adopted by the Advisory Panel within the powers granted to it by
this Agreement as outlined in Section III.
c. Each Member Agency shall maintain a plan of insurance or self-insurance
including coverage for comprehensive liability.
d. Each Member Agency is responsible for purchasing and maintaining a secure
network connection with CentralSquare Technologies. Each Agency must
have a high speed(IOMbps)network connection, firewalls,ports,network
security, and must grant CentralSquare the ability to remotely access all
project related systems.
e. Each Member Agency will comply with all Federal, State, and local laws and
regulations regarding the access,use, storage, and release of confidential
information.
f. Each Member Agency will decide which information to share with other
Member Agencies.
g. Each Member Agency is listed in Attachment A, attached hereto.
h. Each Contract Agency is listed in Attachment B, attached hereto.
II. TERM
a. This Agreement shall commence on , 2023, and shall
continue for a term of five(5)years. Thereafter,the Member Agencies may
renew the Agreement for a period of time agreed upon by the Member
Agencies. Such renewal will also be made by ordinance, in the same
formality as this Agreement, and may include amendments the Member
Agencies deem appropriate.
III. ADVISORY PANEL
a. The HRCIP and use of CAD to CAD connection shall be governed by an
Advisory Panel, which shall discuss and approve policies and procedures for the
oversight,management, and operation, of HRCIP. It shall include two standing
committees: the Administrative Committee and a Change Management
Committee. Each Member Agency shall select whether the individual appointed
to the Administrative Committee or one individual appointed to the Change
Management Committee to serve as a voting member on the Advisory Panel.
b. The Advisory Panel may establish additional committees as needed.
c. Each Member Agency's Advisory Panel member shall have one vote on any
matter requiring a vote of the Advisory Panel. If such member is absent, the
Member Agency's second member shall be entitled to vote in the voting
member's stead.
d. Each January,the Advisory Panel shall vote to select a Chair, Vice Chair, and
Secretary from amongst its members,whose responsibilities are as follows:
i. The Chair shall conduct all meetings of the Advisory Panel.
ii. The Vice Chair shall carry out the functions of the Chair in the absence of
the Chair, and any other duties as may be assigned later by the Advisory
Panel.
iii. The Secretary shall create and distribute an agenda for each meeting,
prepare minutes, and maintain the records of the Advisory Panel in a
common storage location accessible to all Member Agencies, and any
other duties as may be assigned later by the Advisory Panel.
e. The Advisory Panel members shall discuss and vote on agreed procedures for
operation, as well as procedures for the coordinated management of the HRCIP.
The Advisory Panel may also:
i. Provide recommendations to each Member Agency regarding its
performance and actions;
ii. Deal with other matters necessary to further the purposes of this
Agreement; and
iii. Identify matters that require approval of each Member Agency.
f. The Advisory Panel shall provide to the Member Agencies a written annual
report that shall include all matters the Advisory Panel determines are relevant to
the review and oversight of HRCIP and any other matters that may be required
by law.
g. The Advisory Panel and all committees shall comply with the public meetings
requirements of the Virginia Freedom of Information Act.
IV. ADMINISTRATIVE COMMITTEE
a. Each Member Agency shall select one employee to serve on the Administrative
Committee.
b. The purpose of the Administrative Committee is to recommend operational
policies and provide support and recommendations for the System.
c. It shall prepare reports requested by Member Agencies accounting for resources
given and received including but not limited to call types,unit types, etc.
i. It shall make recommendations to the Advisory Panel regarding
development and maintenance of operational guidelines.
ii. Review each Member Agency's internal policies regarding
use of the HRCIP and sharing of information with other Member
Agencies\("Business Rules").
V. CHANGE MANAGEMENT COMMITTEE
a. Each Member Agency shall appoint a minimum of one representative from their
IT Department to function as the CAD-to-CAD Application Administrator and
serve on the Change Management Committee.
b. The purpose of the Change Management Committee is to review requests and
provide recommendations for changes to the System received from Member
Agencies and/or the Administrative Committee. Its duties also include but are
not limited to:
i. Review recommendations from the Administrative Committee for changes
to the CAD-to-CAD system and providing its response.
ii. Review and provide recommendations in response to Member Agency
requests for technical changes of the System.
iii. Approve by majority vote any global changes to the system, for example
System Login Policy.
iv. Establish a process to notify Member Agencies in a timely manner
regarding global changes to the system.
v. Submitting all recommendations to the Advisory Panel. The members of
the Advisory Panel shall discuss and vote on the recommendations. If
technical changes are agreed to,the members of the Change Management
Committee will coordinate with their respective information technology
departments and CentralSquare to determine if the change(s) are possible,
and if so to implement the changes to the System.
VI. MEETINGS
a. A quorum shall be fifty percent(50%)plus one(1) of the voting members of the
Advisory Panel.
b. Votes,recommendations, and actions require approval by a two-thirds vote of
members of the quorum of the Advisory Panel that are present.
c. The Advisory Panel shall provide at least fourteen(14)days advance notice to all
Member Agencies of items the panel will be voting on for recommendation.
VII. WITHDRAWAL/TERMINATION
a. A Member Agency may withdraw from this Agreement for any reason. A
withdrawing Member Agency shall give the other Member Agencies sixty(60)
days' advance written notice of its decision to withdraw.
b. Withdrawal of a Member Agency shall be a partial termination, in that it shall
only serve to terminate the rights and/or obligations of the withdrawing Member
Agency and shall not alter the rights and/or obligations of the remaining Member
Agencies.
c. This Agreement shall terminate upon the date of the end of the agreed period or
any renewal thereof,upon a new Agreement by all Member Agencies that
terminates the present Agreement,or when all Member Agencies, or all but one
Member Agency, withdraws from the Agreement.
d. Upon the termination of this Agreement and the termination of any successor
Agreement, any joint property shall be returned to each of the Member Agencies,
if that property is intellectual or is otherwise property capable of being
distributed to multiple places. If there is physical property that can only be
returned to one Member Agency, it will be returned to the Member Agency most
closely associated with the property, or, if no Member Agency is most clearly
associated with that property,the property will be returned to the Member
Agency who appointed the most recent Chair of the Advisory Panel.
VIII. FINANCING/BUDGET
a. As this Agreement is for the sharing of real time dispatch and information
between Member Agencies,no budget is required pursuant to this agreement.
Each Member Agency shall bear their own costs associated with implementing
and maintaining their respective CAD systems.
b. In the event that this Agreement results in costs that are not attributable to
individual Member Agencies, the cost will be borne by all Member Agencies in
equal measure.
IX. APPROVAL OF AGREEMENT/AMENDMENTS TO AGREEMENT
a. This Agreement shall become effective once it has been approved by ordinance
from each Member Agency and signed by the Agent authorized to do so by such
ordinance.
b. Amendments to this Agreement shall be approved by the governing body of each
Member Agency through ordinance pursuant to Virginia Code § 15.2-1300.
As evidence of their agreement to the terms and conditions set forth herein,the Parties affix their
authorized signatures hereto:
(Signatures on Next Pages)
CITY OF SUFFOLK
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CITY OF SUFFOLK
By:
Signature
Name:
Title:
Date:
CITY OF PORTSMOUTH
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CITY OF PORTSMOUTH
By:
Signature
Name:
Title:
Date:
CITY OF CHESAPEAKE
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CITY OF CHESAPEAKE
By:
Signature
Name:
Title:
Date:
CITY OF NORFOLK
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CITY OF NORFOLK
By:
Signature
Name:
Title:
Date:
CITY OF VIRGINIA BEACH
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CITY OF VIRGINIA BEACH
By:
Signature
Name:
Title:
Date:
�Z)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Authorize the City Manager to Execute an Agreement with the
Virginia Beach School Board and to Appropriate Miscellaneous Revenue
MEETING DATE: February 6, 2024
■ Background: The National High School Coaches Association (NHSCA) Senior
Nationals (the "Event") will be held during the first weekend of April at the Virginia
Beach Sports Center. Over 5,000 athletes and close to 9,000 spectators are expected
to attend this event. Large-scale events taking place simultaneously at the Virginia
Beach Convention Center will cause traffic congestion and limited parking on the
campus. The NHSCA has requested the use of three school buses to move event
attendees from the oceanfront hotels to the Virginia Beach Sports Center to assist with
parking congestion on-site.
The Virginia Code permits a school board to enter into an agreement with a local
governing body for the use of school buses. That law also requires that such
agreement provide for reimbursing the school board for the costs attributable to the use
of the buses, and the local governing body must indemnify and hold the school board
harmless from any liability related to the use of such buses. The Virginia Beach School
Board has a policy (Policy 7-52) that mirrors the requirements of the Virginia Code, and
this policy provides additional granularity as to the calculation of the costs attributable to
the use of the buses.
■ Considerations: The Event has agreed to reimburse the City for all of the costs
associated with the school bus agreement, and those reimbursement obligations will be
memorialized in an agreement between the Event and the City. At this time, the amount
of the estimated cost is $4,560, but the attached ordinance provides an appropriation
number with a substantial contingency, which recognizes (i) the exact amount will not
be known until the completion of the event and (ii) the Event is committed to
reimbursing all of the costs.
In addition to the appropriation, the attached ordinance authorizes the City Manager to
execute an agreement with the Virginia Beach School Board. This agreement will
comport with the requirements of the applicable laws and School Board policy. With
regard to the hold harmless, the ordinance requires the Event provide the City with
proof of liability insurance, self-insurance, or other indemnity satisfactory to the City's
Risk Manager for full liability coverage of the City at not cost to the City.
■ Public Information: Normal City Council agenda process.
■ Recommendations: Adopt the attached ordinance.
■ Attachments: Ordinance; Disclosure Form
Recommended Action: Approval
Submitting Department/Agency: Convention and Visitors Bureau
City Manager:
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO EXECUTE AN AGREEMENT WITH
3 THE VIRGINIA BEACH SCHOOL BOARD AND TO
4 APPROPRIATE MISCELLANEOUS REVENUE
5
6 WHEREAS, the safe and efficient movement of people is a public purpose; and
7
8 WHEREAS, Virginia law allows a local governing body to enter into an agreement
9 with the local school board to use school buses; and
10
11 WHEREAS, the National High School Coaches Association has committed to
12 reimburse the City for the actual costs of the use of school buses to transport attendees
13 of the National High School Coaches Association Senior Nationals (the "Event"),
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
16 VIRGINIA, THAT:
17
18 1. The City Council hereby authorizes the City Manager or designee to execute
19 an agreement with the Virginia Beach School Board consistent with the
20 requirements set forth in § 22.1-82 of the Code of Virginia and Policy 7-52 of
21 the School Board for the use of school buses during the National High School
22 Coaches Association Senior Nationals, provided the agreement is approved for
23 legal sufficiency by the City Attorney.
24
25 2. $6,000 in estimated reimbursement from the National High School Coaches
26 Association is hereby appropriated, with miscellaneous revenue increased
27 accordingly, for the costs associated with the agreement for the use of school
28 buses, provided the City Manager or designee is directed to reduce this
29 appropriation and the estimated revenue to the amount of the total costs of the
30 agreement authorized in#1, supra, when the amounts are known and the work
31 completed.
32
33 3. As a requirement of the City entering into the agreement with the Virginia Beach
34 School Board, the promoter of the Event shall provide the City with proof of
35 liability insurance, self-insurance, or other indemnity satisfactory to the City's
36 Risk Manager for full liability coverage of the City at no cost to the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2024.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: ZArney's
D AS TO LEGAL SUFFICIENCY:
Convention and Visitors Bureau Office
CA16400/R-1 /January 24, 2024
the completion and submission of this form is required for all applications
+vherein such applicant may utilize certain service providers or financial
nstitutions, and the City seeks to know of the existence of such
-elationships in advance of any vote upon such application.
SECTION 1 / APPLICANT DISCLOSURE
3rganization name:
SECTION 2. SERVICES DISCLOSURE
\re any of the following services being provided in connection with the applicant? If the
inswer to any item is YES, please identify the firm or individual providing the service:
YES NO SERVICE PROVIDER (use additional sheets if
needed)
Accounting and/or preparer of
your tax return
Financial Services (include
lending/banking institutions and
current mortgage holders as
applicable)
F-] EZf Legal Services
Broker/Contractor/Engineer/Other
Service Providers
i
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.
APPLICANT'S SIG ATURE PRINT NAME DATE
; s
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $1,200,000 from the Fund Balance of the Parking
Enterprise Fund for Continuation of Freebee Services
MEETING DATE: February 6, 2024
■ Background: The Resort Area Mobility Plan calls for enhanced shared mobility
services at the Resort to improve circulation. On April 19, 2022, the City funded a one-
year pilot program with Freebee for $550,000 from the Parking Enterprise Fund (PEF).
As of the end of March 2023, Freebee has provided rides for over 80,000 people at the
Resort. The average wait time is around 20 minutes during peak times. Ridership data
shows Freebee activated all the neighborhoods surrounding the beach as well as
businesses located west of Atlantic Avenue.
Based on the initial success of the pilot program, the Resort Area stakeholders expressed
a desire for the expansion of these services. As a result, on May 16, 2023, the City Council
appropriated an additional $1.2 million in the FY 2022-23 Operating Budget from the PEF
fund balance to continue the contract with Freebee for one more year. No decisions have
been made for future funding and continuation of services, beyond the current fiscal year.
■ Considerations: Due to the timing of the May 16th City Council meeting and the
closing of the Fiscal Year, a carry forward request of the funds was not included with the
normal carry forward process. As a result, the $1.2 million appropriation lapsed to the
fund balance of the PEF. Appropriating the funds from the fund balance of the PEF back
to the operating budget will support the continuation of the Freebee services until the
expiration of the contract and is consistent with the May 16, 2023 approval.
■ Alternatives: An alternative funding source could be the Tourism and Investment
Program (TIP) Fund.
■ Public Information: Normal City Council agenda process.
■ Attachments: Ordinance; Disclosure Form
Recommended Action: Approval
Submitting Department/Agency: Economic Development
City Manager:/&/,
1 AN ORDINANCE TO APPROPRIATE $1,200,000 FROM
2 THE FUND BALANCE OF THE PARKING ENTERPRISE
3 FUND FOR CONTINUATION OF FREEBEE SERVICES
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $1,200,000 is hereby appropriated, with revenue increased accordingly, from the
9 fund balance of the Parking Enterprise Fund to the FY 2023-24 Operating Budget of the
10 Department of Economic Development to continue micro-transit services in the Resort Area
11 using Freebee services.
Requires an affirmative vote by a majority of all of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CA� ca;kt� - - -
Budget and anagement Services it orney's Office
CA16403
R-1
January 24, 2024
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: Beefree LLC d/b/a Freebee
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 FNOF SERVICE PROVIDER (use additional sheets if
needed)
] ❑ Accounting and/or preparer of MKA CPA and Advisors
your tax return
Financial Services (include TD Bank and Lake Michigan
�x ❑ lending/banking institutions and Credit Union
current mortgage holders as
applicable)
Switkes and Zappala, Esq
Q Legal Services
❑ ❑x 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.
Jason Spiegel 1/31/24
APPLICANT's SIGNATURE PRINT NAME DATE
Hpg7
0 Ef
Z
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Virginia Department of Transportation
Funding and to Transfer a Portion of Such Funds to the Capital Improvement
Program for Eligible Roadway Work
MEETING DATE: February 6, 2024
■ Background: The City receives funding from the Virginia Department of
Transportation (VDOT) annually for the maintenance of roads based on a distribution
formula. The City's share of this supplemental payment for overweight permit fee revenue
is $40,721 . Separately, VDOT reimbursement rates for FY 2023-24 increased the mileage
payments for local and collector streets by $10,220,714. Therefore, the revised VDOT
contribution has increased $10,261,435. Historically, this revenue stream is split between
Public Works (89%) and Parks and Recreation (11%).
■ Considerations: The additional $10,261,435 can only be used for work eligible
for VDOT urban maintenance payments. The proposed distribution of these additional
funds is as follows:
- PG100040, "Bikeway/Trails Repairs and Renovation I" - $1 ,124,279;
- PG100268, "Major Bridge Rehabilitation 11" - $5,300,000;
- PG 100401, "Street Reconstruction 11" - $3,437,156; and
- Public Works (Operating Budget) - $400,000 for the purchase of two crash trucks
with arrow boards.
Appropriating these additional funds as proposed above will allow for additional roadway
resurfacing and various infrastructure repairs/maintenance to bridges, bulkheads and
walkways. This additional funding will also provide funding for the purchase of street
maintenance support equipment within the operating budget.
■ Public Information: Normal City Council agenda process.
■ Attachments: Ordinance; CIP Detail Sheets
Recommended Action: Approval.
Submitting Department/Agency: Public Works
City Manager: fiv
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION FUNDING AND TO
3 TRANSFER A PORTION OF SUCH FUNDS TO THE CAPITAL
4 IMPROVEMENT PROGRAM FOR ELIGIBLE ROADWAY WORK
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1) $10,261,435 is hereby accepted from the Virginia Department of Transportation and
10 appropriated, with state revenue increased accordingly, to the FY 2023-24
11 Operating Budget of Public Works.
12
13 2) $9,861,435 of the amounts appropriated above are hereby transferred as a pay-go
14 funding to the FY 2023-24 Capital Improvement Program to the following projects in
15 the following amounts:
16 a. PG100040, "Bikeway/Trails Repairs and Renovation I" - $1,124,279;
17 b. PG100268, "Major Bridge Rehabilitation 11" - $5,300,000; and
18 c. PG 100401, "Street Reconstruction 11" - $3,437,156.
19
20 3) The remaining $400,000 is authorized to be used for the purchase of two crash
21 trucks with arrow boards and related equipment.
Requires an affirmative vote by a majority of all of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services orney's ffice
CA16404
R-1
January 24, 2024
Fiscal Years FY24 through FY29 Capital Improvement Program
Project:PG100040 [Title:Blkeways/Trails Repairs and Renovations I talus;Approved
Category:Parks and Recreation Department:Parks and Recreation
Project Type Project Location
Project Type:Rehabilitation/Replacement istrict:Citywide
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding To Date FY24 FY25 FY26 FY27 FY29 FY29 Future
3,420,000 1,740,000 280,000 280,000 280,000 280,000 280,00d280,
Description and Scope project funds capital maintenance of the bikeways and trails system including the repaving and repair of shared-use paths and wide sidewalks,repair
and renovation of pedestrian scale bridges and observation structures along the bikeways and trails system,and assuring the continued utility and
viability of the bikeways and trails system.Projects are based primarily on an annual review and assessment of the conditions of each component in the
system with prioritizing assistance by the Active Transportation Advisory Committee(fka Bikeways and Trails Advisory Committee).In FY 2023-24,
planned capital projects include trail repairs by priority,need,and available funding.
Purpose and Need
As of October 2020,the City has about 69.5 miles of shared-use paths and 10 structures that are part of the bikeways and trails system.These facilities
were constructed over the last 20 years and need ongoing repair similar to roads and traditional sidewalks.Funding of this capital project is required to
support the initiatives of the Virginia Beach Outdoors Plan and the Active Transportation Plan,both of which recommend funding the ongoing repair and
periodic renovation of the bikeways and trails system components that are located throughout the city.
History and Current Status
This project first appeared in the FY 2012-13 CIP,with funding beginning in FY 2014-15.Since FY 2014-15,the City has added 3 miles of shared use
paths(a 5%increase)and 9 miles of wide sidewalks(a 20%increase),plus 3,600 square feet of new widened outside lanes,bike lanes,striped
shoulders,paved shoulders and multi-use path connections(a 9%increase),with more of each being planned.Each newly constructed project adds to
the long-term burden on this project for repairs and renovations.
Operating
There are currently no identified operating budget impacts as a result of this project.
FY24 FY25 FY26 FY27 FY28 FY29
Total Operating Budget Impacts
Total FTE
Project Map Schedule of Activities
Project Activities From-To Amount
Construction 07/14-06/29 3,420,000
Total Budgetary Cost Estimate: 3,420,000
Means of
Funding Subclass Amount
NO MAP REQUIRED Local Funding 3,420,000
Total Funding: 3,420,000
FY 2023-24 to FY 2028-29 226 Capital Improvement Program
Fiscal Years FY24 through FY29 Capital Improvement Program
Project:PG100268 itle:Major Bridge Rehabilitation II tatus:Approved
Category:Roadways Department:Public Works
Project Type Project Location
Pro ect :Rehabilitation/Replacement Istrict:Citywide
Programmed
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future
22,580,284 13,820,284 1,460,0001 1,460,0001 1,460,0001 1,460,000 1,460,001A 1,460,00d-
Description
This program provides funding for inspection,maintenance,and rehabilitation of the City's major bridges,overpasses,and culverts,such as Long Creek
Bridge,Speed Fentress Bridge,and Pungo Ferry Bridge.Inspection is required in accordance with state and federal requirements and the National Bridge
Inspection Standards.Bridge Inspection and maintenance is an eligible expenditure of VDOT maintenance funds.Additionally,this program is responsible
for the engineering analysis associated with hauling permits.When an overweight permit is received in Permits and Inspections and the haul route
includes crossing a bridge or culvert,these crossings are analyzed for that specific vehicle configuration and load.
Purpose and Need
The City's bridges,overpasses,and culverts are aging and many require more than routine maintenance.This need for rehabilitation is identified during
the mandatory bridge inspections and load rating analyses.
History and Current Status
This program first appeared in the FY 2013-14 CIP.It is a continuation of project Major Bridge Rehabilitation I.Bridge inspections are required every one
or two years,depending on the condition;rehabilitation/maintenance work identified during the inspection is scheduled,as funding permits.The City has
two bridges that are structurally deficient,Laskin Road Bridge,which is currently being replaced,and Speed Fentress Bridge which beginning in FY 2023-
24 has a standalone project to begin the design phase.Additional bridge rehabilitation and maintenance projects include Long Creek Bridge,Rudee Inlet
Bridge,Nimmo Parkway Bridge,and Gum Swamp Bridge.
Operating
FY24 FY25 FY26 FY27 FY28 FY29
Total Operating Budget Impacts
Total FTE
Project Map Schedule of Activities
Project Activities From-To Amount
Design 07/13-06/29 3,486,253
Construction 07/13-06/29 19,094,031
Total Budgetary Cost Estimate: 22,580,284
Means of Financing
NO MAP REQUIRED Funding Subclass Amount
Local Funding 22,052,111
Insurance Recovery 528,173
Total Funding: 22,580,284
FY 2023-24 to FY 2028-29 65 Capital Improvement Program
Fiscal Years FY24 through FY29 Capital Improvement Program
Project:PG100401 itle:Street Reconstruction 11 talus:Approved
Category:Roadways Department:Public Works
Project Type Project Location
Project Type:Rehabilitation/Replacement istrict:Ckywide
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding To Date FY24 FY2S FY26 FY27 FY28 FY29 Future
46,185,479 33,285,479 2,150,000 2,150,000 2.150,0001 2,150,000 2,150,00d 2,150,004
Description Scope
This program provides funding for the reconstruction of existing roadways.Reconstruction,involves the replacement of the existing pavement structure
and will be performed on roadways that have reached the end of their service life based on current survey and condition assessments.This annual
program includes reconstruction projects funded with Virginia Department of Transportation's(VDOT)State of Good Repair(SGR)/Primary Extension
Program resources.Local contributions that must be borne by the locality to use Commonwealth or federal pass through funds may come from this
project.This work may additionally include replacement of curb and gutter systems when needed for pavement performance and associated sidewalk
replacement.Street Reconstruction is an eligible expenditure for VDOT maintenance funds.
Purpose and Need
More than half of all the pavement in the City is over 20 years old.Even with optimum maintenance,eventually it reaches the point where maintenance is
no longer practical or cost effective.This program addresses the needs identified by the Aging Infrastructure Strategic Recommendations.
History and Current Status
This program first appeared in the FY 2013-14 CIP.it is a continuation of project Street Reconstruction I,which first appeared in the FY 2000-01 CIP.On
August 20,2019,Council accepted and appropriated$1 million in State of Good Repair Program funds to this project and on November 16,2021,Council
accepted and appropriated$1.5 million.
Operating
FY24 FY25 FY26 FY27 FY28 FY29
Total Operating Budget Impacts
TotaIFTE
Project Map Schedule of
Project Activities From-To Amount
Design 07/13-06/29 6,772,500
Site Acquisition 07/13-06/29 2,257,500
Construction 07/13-06/29 34,530,479
Contingencies 07/13-06/29 2,625,000
Total Budgetary Cost Estimate: 46,185,479
NO MAP REQUIRED
Means of Financing
Funding Subclass Amount
Local Funding 37,060,479
Federal Contribution 4,500,000
State Contribution 4,625,000
Total Funding: 46,185,479
FY 2023-24 to FY 2028-29 84 Capital Improvement Program
Z
_ vl
1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds and to Transfer Funds for the
March 5, 2024, Presidential Primary Election
MEETING DATE: February 6, 2024
■ Background: A primary election for has been ordered for March 5, 2024. This
is a quadrennial presidential primary. State law provides the locality is responsible for
the costs of the primary, but the General Assembly typically provides for the
reimbursement of a portion of the expenses of a presidential primary. The City has not
received notification as to the exact percentage of expenditures to be reimbursed.
However, the historic average is 60%.
■ Considerations: The total cost for the election is estimated to be $763,235. The
revenue from the state is estimated to total $457,941. The balance will be provided by
the General Fund Reserve for Contingencies. If approved, the balance of the General
Fund Reserve for Contingencies will be $721,226.
■ Public Information: Normal Council Agenda process.
■ Recommendations: Adopt the attached ordinance.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Voter Registration & Elections
City Manager:/*
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 AND TO TRANSFER FUNDS FOR THE MARCH 5, 2024,
3 PRESIDENTIAL PRIMARY ELECTION
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT-
7
8 1) $305,294 is hereby transferred from the General Fund Reserve for
9 Contingencies to the FY 2023-24 Operating Budget of Voter Registrar and Elections to
10 partially fund the Presidential Primary Election on March 5, 2024.
11
12 2) $457,941 is hereby accepted from the Commonwealth and appropriated, with
13 state revenue increased accordingly, to the FY 2023-24 Operating Budget of the Voter
14 Registrar and Elections to fund the Presidential Primary Election on March 5, 2024.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2024.
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget and Management Services City Attorne s Office
CA16397
R-1
January 24, 2024
y,7
)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Marine
Resources Commission Abandoned or Derelict Vessel Program and to
Authorize a Subrecipient Grant to the Vessel Disposal and Reuse Foundation
MEETING DATE: February 6, 2024
■ Background: The 2021-2025 Virginia Marine Resources Commission (VMRC)
Virginia Marine Debris Reduction Plan recognized abandoned and derelict vessels as a
leading marine pollution problem in Virginia's waterways. The plan established a strategy
to address this issue that includes prevention, research and monitoring, disposal
infrastructure, and removal of existing abandoned vessels. In 2021, Virginia's Coastal
Zone Management Program created the Abandoned and Derelict Vessels (ADV) Work
Group that was tasked with the goal of creating a comprehensive, sustainable, and robust
Virginia ADV Prevention and Removal Program. The work group recommended a general
funds allocation of $3 million to the Virginia Marine Resources Commission (VMRC) for
vessel removal and the creation of an ADV manager at the agency.
Consistent with these recommendations, the VMRC was allocated $3 million in FY 2022
to support the removal of abandoned and derelict vessels to be administered as a grant
program to localities. The VMRC established the Abandoned or Derelict Vessel program
to provide grants to local governments and other political subdivisions of the
Commonwealth to receive funding or to reimburse for the removal of abandoned and
derelict vessels from the public tidal waters of the state. The ADV Grant Program is
expected to accept applications on a rolling basis.
Previously, the City applied for and was awarded $275,000 for the administration,
removal, and disposal of 18 ADVs— 12 within the North Landing River in Southern Virginia
Beach, and 6 within the Lynnhaven River basin in northern Virginia Beach. The City is
currently working with a local non-profit, Vessel Disposal & Reuse Foundation,
specializing in vessel removal.
Vessel Disposal & Reuse Foundation requested reimbursement for work related to the
previous removal of an additional three abandoned and derelict vessels through the
VMRC ADV program. As such and consistent with the September 15, 2023 City Council
Staff Report, Public Works applied for and was awarded $30,925 for the administration,
removal, and disposal of the three ADVs through the ADV program, of which there were
two vessels within the Lynnhaven River basin in northern Virginia Beach and one within
Broad Bay.
■ Considerations: If approved, the funding will be appropriated to the Operating
Budget of the Department of Public Works. The subrecipient grant will be administered
on a reimbursement basis. No local match is required.
■ Public Information: Normal City Council agenda process.
■ Attachments: Ordinance, VMRC Reimbursement Application; September 15,
2023 City Council Staff Report; Disclosure
Recommended Action: Approval
Submitting Department/Agency: Public Works
City Manager:�&)
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDING
2 FROM THE VIRGINIA MARINE RESOURCES COMMISSION
3 ABANDONED OR DERELICT VESSEL PROGRAM AND TO
4 AUTHORIZE A SUBRECIPIENT GRANT TO THE VESSEL
5 DISPOSAL AND REUSE FOUNDATION
6
7 WHEREAS, the Virginia Marine Resources Commission established the Abandoned
8 and Derelict Vessel (ADV) program to provide grants to local governments for the removal of
9 abandoned and derelict vessels from the public tidal waters; and
10
11 WHEREAS, the City applied for and was awarded $30,925 for the administration,
12 removal, and disposal of three ADVs; and
13
14 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
15 VIRGINIA THAT:
16
17 1) $30,925 is hereby accepted from the Virginia Marine Resources Commission and
18 appropriated, with miscellaneous revenues increased accordingly, to the FY 2023-
19 24 Operating Budget of the Department of Public Works.
20
21 2) A subrecipient grant is hereby authorized in the amount of $30,925 to the Vessel
22 Disposal and Reuse Foundation. The provision of the subrecipient grant shall be
23 pursuant to a grant agreement providing for the orderly removal of the ADVs and
24 accounting for the grant funds.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2024.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget and Management Services Oi me s Oftice
CA16402
R-1
January 24, 2024
;4�46wz
VESSEL DISPOSAL
& 22 Aug 2023
REUSE FOUNDATION
To: Melanie Coffey, Engineer V, Public Works, City of Virginia Beach
From: Michael Provost, Vessel Disposal and Reuse Foundation
Enclosures:
1. Hodges& Hodges, Garbarino Construction, Patriotic Excursions Receipts
2. VDRF Invoice
3. Project Completion Pictures
Subj: Reimbursement Request for ADV Removal and Disposal
Dear Melanie,
Request: The Vessel Disposal and Reuse Foundation (VDRF) requests the City of Virginia
Beach reimburses VDRF $30,925 via Virginia Marine Resources Commission (VMRC) funding
for all costs incurred during VDRF's removal and disposal of three (3) Abandoned and Derelict
Vessels (ADV) inside Virginia Beach city limits. Please note, the funds requested are 20% less
than the USCG Sector Virginia's average price of$14,000 per each ADV removal and disposal.
Background: VDRF is a service-disabled veteran founded and operated 501(c)(3)
environmental nonprofit based in Virginia Beach, VA. VDRF's mission: Help waterways
achieve sustainable health through removal of Abandoned and Derelict Vessels, public outreach,
and education. From 02 Apr 2023-11 May 2023 VDRF used privately donated funding to
remove three ADVs in Virginia Beach to include:
1. 09 Apr 2023, VDRF Project 020: 18' Chaparral 180 on the Lynnhaven River. Disposed
at HRRC Landfill (1613 Centerville Turnpike, Virginia Beach, VA 23464).
2. 10 May 2023,VDRF Project 022: 28' Sloop sailboat on the Lynnhaven River. Disposed
at HRRC Landfill (1613 Centerville Turnpike, Virginia Beach, VA 23464).
3. 11 May 2023, VDRF Project 023: 30' Carver with flybridge on Broad Bay. Disposed at
HRRC Landfill (1613 Centerville Turnpike, Virginia Beach, VA 23464).
Reimbursement Amount: $30,925 will reimburse VDRF for all associated expenses to include:
investigation to identify vessel type, location and photograph (including internet research and
site visits), research to identify owner of vessel, contact contractors to obtain quotes for vessel
removal and disposal, draft contracts and obtain legal review of contracts, provide oversight of
removal and proper disposal, obtain photo/videos documentation of removal and disposal, and
maintain receipts and invoices.
Best regards,
Michael Provost
Founder and Executive Director I Vessel Disposal and Reuse Foundation
Cell: 757.985.5248 1 Email: mike@vesseldisposalreusefoundation.com
C*ity
Council
Staff Report
Subject: VMRC Abandoned and Derelict Vessel Grant Program
Author: Patrick A. Duhaney, City Manager
Departments: Public Works
Date: September 15, 2023
Type of Item: Informational
Summary
This report serves to notify City Council of the intent to apply for$30,925 to reimburse Vessel
Disposal & Reuse Foundation (VDRF) for three (3) previously removed Abandoned or
Derelict Vessels within Virginia Beach waterways through the Virginia Marine Resources
Commission (VMRC) Abandoned or Derelict Vessel (ADV) Grant Program. The City of
Virginia Beach will apply for and administer the grant and subsequently disburse the funds to
VDRF. Public Works will submit unless otherwise directed.
Executive Summary
The 2021-2025 Virginia Marine Debris Reduction Plan recognized abandoned and derelict
vessels as a leading marine pollution problem in Virginia's waterways. The plan established a
strategy to address this issue that includes prevention, research and monitoring, disposal of
infrastructure, and removal of existing abandoned vessels. In 2021, Virginia's Coastal Zone
Management Program created the Abandoned or Derelict Vessels Work Group that was
tasked with the goal of creating a comprehensive, sustainable, and robust Virginia ADV
Prevention and Removal Program. In their final recommendations, the work group
recommended a general funds allocation of $3,000,000 to the Virginia Marine Resources
Commission for vessel removal and the creation of an ADV manager at the agency.Consistent
with a part of these recommendations, the VMRC was allocated $3,000,000 in FY 2022 to
support the removal of abandoned and derelict vessels to be administered as a grant program
to localities. The Virginia Marine Resources Commission established this program to provide
grants to local governments and other political subdivisions of the Commonwealth to receive
funding or to reimburse for the removal of abandoned and derelict vessels from the public tidal
waters of the state. In FY 2023,VMRC plans to award the$3,000,000 in FY22 through FY23
funding with no cap on individual awards to jurisdictions. Jurisdictions may submit
applications for multiple vessels to be removed,applications will be accepted on a rolling basis.
Applications for the VMRC ADV grant program are required to be submitted by localities to
receive grant funds. As such,Vessel Disposal&Reuse Foundation(VDRF),a local non-profit
specializing in the removal of Abandoned or Derelict Vessels,has requested that Public Works
submit a grant application for reimbursement of three (3) previously removed Abandoned or
Derelict Vessels for a total of$30,925. Unless otherwise directed, Public Works will apply for the
grant through the VMRC ADV Grant Program.
City Council Staff Report
VMRC Abandoned and Derelict Vessel Grant Program
September 15, 2023
The City will administer the grant and disburse the funds to VDRF upon the approval of all
necessary agreements. Reporting requirements will be required between VDRF and the City
as well as between the City and VMRC including at minimum: photograph of each removed
vessel, signed documentation of removal from contractor/sub-contractor, and receipt from
disposal location for each vessel.
Background
Public Works recently submitted a separate application for the removal of eighteen (18)
abandoned or derelict vessels for a total of$275,000. VDRF was the sole respondent to the
Notice of funding Availability (NOFA) to perform the work of removing these vessels. An
Agenda Item is scheduled for the October 3, 2023 City Council meeting to accept and
appropriate the$275,000 grant and approve the selection of VDRF as the sub-recipient.
This application is the second proposed application for the VMRC ADV grant program and
is for reimbursement of three(3)vessels already removed that are not associated with the first
application. Important to note that the first application addresses vessels in need of removal
whereas this application is for reimbursement of already removed vessels. As such,the NOFA
is not required for this application.
Funding Source/Resource Impacts
As proposed,there are no immediate financial impacts to the City as no local match is required
and the City will serve as a pass-through entity to disburse the funds to VDRF.
Attachments
1. VMRC ADV Application
Page 2 of 2
CITY OF DEPARTMENT OF PUBLIC WORKS
VIRGINIAOffice of the City Engineer
BE AC H Oceana Center
�i 484 Viking Drive STE 200 1 Virginia Beach VA 23452
September 19, 2023
Ms. Rachael Peabody
Director of Coastal Policy
Virginia Marine Resource Center
380 Fenwick Road
Ft. Monroe, VA 23651
Re: 2023 Removal of Abandoned or Derelict Vessels within City of Virginia Beach Waterways
Dear Ms. Peabody:
In accordance with the 2021-2025 Virginia Marine Debris Reduction Plan, attached you will find
the City of Virginia Beach's application for the Virginia Marine Resources Commission (VMRC)
Abandoned or Derelict Vessel (ADV) Grant Program for reimbursement for the removal of three
(3)vessels within Virginia Beach waterways in the amount of$30,925. The City of Virginia Beach
will administer the grant and disburse the funds to Vessel Disposal & Reuse Foundation (VDRF),
a local non-profit that performed the vessel removals.
VDRF identified and removed 3 vessels within the Lynnhaven River and Broad Bay and has
requested reimbursement from the VMRC ADV program through the City. As stated in the 2021-
2025 Virginia Marine Debris Reduction Plan, abandoned and derelict vessels are recognized as
a leading marine pollution problem in Virginia's waterways. The removal of these vessels is an
important measure to improve environmental quality, improve navigation, as well as protect
existing historic resources.
We appreciate your consideration of this funding request. Please do not hesitate to contact me at
757-385-4131 or email me at kshannon@vbgov.com if you have any questions or require
additional information.
Sincerely,
6—&�
Katie E. Shannon, P.E.
Engineering Support Manager
C: Melanie Coffey, P.E., Public Works/Engineering
Stanley F. Smith, Jr., P.E., Public Works/Engineering
757.385.4131 1 virginiabeach.gov
VMR ( ABANDONED OR DERELICT VESSEL
GRANT APPLICATION
soza
General Instructions
PLEASE READ THE VMRC ABDANDONED OR DERELICT VESSEL GRANT PROGRAM MANUAL BEFORE
PROCEEDING TO THE APPLICATION
• Submit one (1) application with required attachments
• Application must be emailed to Rachael.Peabody@mrc.yirginia.gov
REQUIRED ATTACHMENTS
1. Cover Letter: A brief letter explaining the overview of the project and responsible parties
2. Application: One (1) application with signature from authorized individual
3. Detailed Cost Estimate: A detailed cost estimate for the project elements, may include the
proposed vendor and formal bids.
4. Vessel Data Sheet Attachment (A): A completed Vessel Information Data Sheet for each
vessel proposed for removal. Please include a vessel photo.
FOR OFFICE USE ONLY
APPLICATION NUMBER DATE RECEIVED
Section I. Applicant Information
Applicant: Katie Shannon, P.E.
Federal Employer ID No:54-0722061
Project Manager: Melanie Coffey, P.E. Project Manager Title: Engineer V
Mailin Address: 484 Viking Drive , Suite 200
Cir zi state: Virginia Beach / 23452 / VA
Telephone: 757-385-4131
E-mail: kshannon@vbgov.com
Section II. Project Summary
Project Title: 2023 Removal of Abandoned or Derelict Vessels within Virginia Beach Waterways
Brief Project Summary: Reimbursement for the removal and disposal of three (3)
Abandoned or Derelict Vessels (ADV) within Virginia Beach
waterways. This includes three (3) vessels within the Lynnhaven
River basin in northern Virginia Beach.
Abandoned and derelict vessels litter ports, waterways, marinas,
and estuaries. If not approved to apply for the ADV Grant
Program, the vessels threaten our ocean, coasts, and waterways
by obstructing navigational channels, causing harm to the
environment due to fuel leakage, release of hazardous materials,
and habitat disturbance, and diminishing commercial and
recreational activities. Unsightly abandoned vessels can also be
a nuisance, attract vandals, and negatively impact tourism.
Project Cost (Total): $30,925
Grant Amount Requested:$30,925
Funding Request Type: Reimbursement dvance Payment
Section 3. Projected Outcomes
Itemized List of Project Deliverables (may be included as an attachment for larger requests):
See Attachment A, list of 3 removed and disposed of Abandoned or Derelict Vessels
(ADV) in Virginia Beach waterways.
Verification of Vessel Removal:
- Photograph of each vessel upon removal
- Signed documentation of removal from Contractor/Sub-Contractor
- Receipt from disposal location for each vessel
Describe the system to be used to demonstrate complete removal and disposal of vessels.
Include the procedure to verify contractor's completeness in removal of the vessel(s).
Water extraction:
The extraction of an ADV not accessible via land will incorporate a tugboat, floating
barge (typically 120'), 50 ton crane or excavator, support vessel, and six person crew.
The ADV will be removed piecemeal via a clamshell, or lifted onto the barge in one
piece via lifting straps. The specific extraction method utilized is decided real-time
based on ADV and environmental factors.
Land extraction:
The extraction of an ADV accessible from land will incorporate a flatbed or lowboy
trailer, prime mover, mobile crane, and four person crew. A land extraction lifts the
entire boat onto the flatbed for transportation to the demolition site.
Verification of Vessel Removal:
- Photograph of each vessel upon removal
- Signed documentation of removal from Contractor/Sub-Contractor
- Receipt from disposal location for each vessel
Section IV. Budget
Budget Summary: Provide a budget summary of total cost by the below budget categories. A
detailed budget is also required as an attachment to this application.
Category Description Amount
Investigation: VDRF Investigation and Project Management $13,150.00
Removal: Sub-contractor Removal $15,225.00
Disposal: Sub-contractor Recycling & Disposal $2,550.00
Total: $30,925.00
Description of other fund sources:See Attachment B for detailed estimate.
APPLICANT SIGNATURE
Application is hereby made for the activities described herein. I certify that I am familiar with the
information contained in the application, and to the best of my knowledge and belief, this
information is true, complete, and accurate. I further certify that I possess the authority (see grant
guidelines Section II, 3.2) to sign on behalf of the Applicant and that the Applicant has the ability
to undertake the proposed activities in compliance with the VMRC Abandoned or Derelict Vessel
Removal Grant Program Guidelines. I also certify that the applicant's governing body is aware of
and has authorized the project manager as the official representative of the applicant to act in
connection with this application and subsequent project, as well as to provide additional
information as may be required. By my signature below, the applicant agrees to comply with all
applicable federal, state, and local laws in conjunction with this proposal and the resulting project
if approved.
Print/Type Name:
Katie Shannon Title: Engineering Support Manager
r1 Digitally signed by Katie Shannon g/19/2 3
Katie h a n 1 1 o n Date:2023.09.19 15:13:04-04'00'
Signature: Date:
ATTACHMENT A
Vessel Information Data Sheet: Submit one (1) for each vessel requested in the
grant.
Please include a vessel photo.
Description of Vessel See attachment A spreadsheet included with this submittal for complete
Location list of information for each of the 3 vessels.
(ex: in shallow
water, at boatramp)
Coordinates
Vessel Description
(Length, color, etc)
VIN and/or
registration #
Are there pollutants
that require
removal?
❑ Navigation
How does this vessel ❑ Environmental Health
represent a hazard ❑ Public Safety
or threat? ❑ Obstruction to the public use of the waterway or other public resources
❑ Other
Estimated Vessel
Removal and
Disposal Cost:
Contractor
Information:
Additional Notes
about Vessel:
Description
I Abandoned Boat Lynnhaven River Yes-.Verified via in- 18 I8'Chaparral 180 on the Lynnhaven River None Unlikely due to length Threat to $6,750
person visible. of time abandoned. navigation and
environmental
health.
2 Partially submerged Lynnhaven River Yes:Verified via in- 28 28'sloop sailboat on the Lynnhaven River None Unlikely due to length Threat to $12,600
sailboat person. visible. of time submerged. navigation and
environmental
health.
3 Aground boat Broadbay Yes:Verified via in- 30 30'Carver with flybridge on Broad Bay None Unlikely due to length Threat to $11,575
person. visible. of time abandoned. navigation and
environmental
health
Detailed Budget - Attachment B
Vessel# Total Cost Estimate Investigation and Sub-contractor Sub-contractor
Project Management Removal Recycling&Disposal
1(Project 20) $ 6,750 $ 4,050 $ 2,700 $ -
2(Project 22) $ 12,600 $ 4,750 $ 7,000 $ 850
3(Project 23) $ 11,575 $ 4,350 $ 5,525 $ 1,700
TOTAL $ 30,925 $ 13,150 1 $ 15,225 $ 2,550
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: Vessel Disposal and Reuse Foundation
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 F SERVICE PROVIDER (use additional sheets if
needed)
El ■ Accounting and/or preparer of
your tax return
Financial Services (include
■ lending/banking institutions and
current mortgage holders as
applicable)
❑ Legal Services
■ 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.
--A
?11__� r__ Michael Provost 23 Jan 2024
APPLICANT'S SIGNATURE PRINT NAME DATE
Relevant to grant: ADV-23-07.
VDRF Bank Account- Wells Fargo Acct: 7079772534, Routing: 051400549 VDRF
Sub-contractors: Hodges and Hodges Enterprises, Garbarino Construction, and
Patriotic Excursions.
K. PLANNING
1. RUFFIN 86, LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish
three (3) dwelling units to construct one-single family dwelling at 109 A & B 86`h Street &
8600 Ocean Front Avenue DISTRICT 6 (Deferred from January 2, 2023)
RECOMMENDATION: APPROVAL
APPLICANT REQUESTS DEFERRAL TO MARCH 5, 2024
O
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Site Ruffin 86, LLC
W F,
Property Polygons 109A & 109B 86th Street, 8600 Ocean Front Avenue S
® Zoning
Building
Feet
0 510 20 30 40 50 60
Robin R. Wilcox
To: Amanda F. Barnes
Subject: RE: Ruffin 86 LLC
From: igarringtonl@cox.net<jgarringtonl@cox.net>
Sent:Wednesday,January 17, 202411:41 AM
To:Amanda F. Barnes<ABarnes@vbgov.com>
Cc: Marchelle L. Coleman<MColeman@vbgov.com>; Billy Almond<Billy@wplsite.com>; 'Eric Garner'
<eric@wplsite.com>;Worth Remick<WRemick@vbgov.com>
Subject: Ruffin 86 LLC
CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good morning,
On behalf of the owner I would like to request another deferral of the above referenced matter until the 3/5/24 council
hearing.
I apologize for any inconvenience this may cause but the owner was out of town until yesterday and we do not have
enough time to get you the correct plans for this months hearing.
Thank you very much.
Billy Garrington
1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RUFFIN 86, LLC [Applicant & Property Owner] Subdivision Variance
(Section 4.4(c) of the Subdivision Regulations) for the property located at
109 A & B 86th Street & 8600 Ocean Front Avenue (GPINs 2510517095,
2510518047). COUNCIL DISTRICT 6
MEETING DATE: February 6, 2024 (Deferred on December 12, 2023, January 2, 2024)
■ Background:
On May 25, 1925, Lot 6 was recorded as a 50-foot by 150-foot parcel. The parcel
was subdivided into two lots by deed in 1944 and again in 1960. The property is
currently developed with three dwelling units, one duplex (109 A & B 86th Street)
and one single-family dwelling (8600 Ocean Front Avenue). The applicant is
requesting to vacate the interior property lines, demolish the three dwelling units,
and construct one single-family dwelling. The lot will be restored to the original 50-
foot by 150-foot lot, as recorded in 1925. As the current Ordinance would require
a minimum lot width of 60 feet for the corner parcel, a Subdivision Variance is
required. A Board of Zoning Appeals (BZA) variance will be required for the single-
family dwelling as proposed since it does not meet the building setbacks and height
requirements established in the Zoning Ordinance. Condition 3 has been
recommended to address this requirement.
■ Considerations:
The Planning Commission agreed with Staff that granting the requested variance
will not adversely affect the character of the neighborhood and is consistent with
the principles of the Comprehensive Plan for the North End of the City. As
proposed, the development will decrease the number of lots from two to one,
reducing the existing nonconformities. Except for lot width, the proposed parcel
meets all other dimensional requirements. To adhere to the requirements for the
North End established in the Public Works Design Standards Manual, Condition 2
has been recommended, requiring the access on 86th Street to be designed in a
manner acceptable to Public Works. This will be reviewed in greater technical
detail during site plan review.
Further details pertaining to the application, as well as Staff's evaluation, are
provided in the attached Staff Report. While staff has not received any opposition
to the request, a letter was sent to Councilmembers from the North Virginia Beach
Civic League Zoning Review Committee (NVBCL ZRC). While supportive of the
subdivision variance request, the NVBCL ZRC did express opposition to allowing
the private parking to remain within the public right-of-way.
Ruffin 86, LLC
Page 2 of 2
■ Recommendation:
On November 8, 2023, the Planning Commission passed a motion to recommend
approval of this item on the Consent Agenda, by a recorded vote of 8-0.
1 . When the Property is developed, it shall be developed substantially as shown
on the exhibit entitled "SUBDIVISION VARIANCE EXHIBIT— LOT 6, BLOCK 3,
CAPE HENRY SYNDICATE, SECTION "D" (M.B. 1, PG. 8b), VIRGINIA
BEACH, VIRGINIA FOR RUFFIN 86, LLC", prepared by WPL, dated April 19,
2021 , which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning and Community Development.
2. The existing driveways on 86th Street shall be redesigned in a manner deemed
acceptable to the Department of Public Works.
3. The proposed single-family dwelling shall meet the minimum dimensional
requirements of the R-5R Residential (NE) North End Overlay zoning district,
unless a BZA Variance is granted by the Board of Zoning Appeals. If a BZA
Variance is required, the variance shall be granted on the property prior to the
site plan approval for the proposed single-family dwelling.
■ Attachments:
Staff Report and Disclosure Statements
Location Map
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Department/Agency: Planning Department ''
v U�r
City Manager: Pk-C,
Applicant & Property Owner Ruffin 86, LLC Agenda Item
Planning Commission Public • • - 2023
CouncilCity
ONE 1���
Virginia Beach
Request
Subdivision Variance (Section 4.4(c)of the
Subdivision Regulations)
Staff Recommendation
Approval
Staff Planner
Marchelle Coleman
Location •"�"¢s Y
109 A& B 86th Street&8600 Ocean Front
Avenue
GPINs s µsNs4-�
2510517095, 2510518047 boa aof
Site Size gsP�sj }
7,500 square feet •aµc l
AICUZ
Less than 65 dB DNL `
Watershed
Atlantic Ocean
Existing Land Use and Zoning District
Duplex,Single-family Dwelling/R-511
Residential(NE) North End Overlay
Surrounding Land Uses and Zoning Districts y
North
Single-family Dwelling/R-5R Residential (NE)
North End Overlay ' G * `�-`
South ,"y
;g �; 1 'E*
86th Street TlSPw
Single-family Dwellings/R-5R Residential(NE) y
North End Overlay x ` `
East YJ -
150-foot unimproved right-of-way
West P
Ocean Front Avenue
Single-family Dwelling/R-5R Residential (NE)
North End Overlay
Ruffin 86, LLC
Agenda Item 5
Page 1
Background SummaryofProposal
• Lot 6 was recorded on May 25, 1925 in M.B. 1, PG. 8b as a 50-foot by 150-foot parcel. In 1944, Lot 6 was subdivided
by deed into two lots, consisting of a 50-foot by 54-foot lot and a 50-foot by 96-foot lot. In 1960,the lots were
subdivided again into the current configuration, including a 50-foot by 50-foot lot (duplex lot)and a 50-foot by 100-
foot lot (single-family lot). In 2021,the Zoning Administrator determined the lot was improperly subdivided by deed
in 1960,as the parcels were not created by a plat as required by the Princess Anne County subdivision ordinance in
place at that time,thus resulting in loss of the nonconforming development rights.
• The applicant now seeks to vacate the interior property lines to restore the R-5R (NE) Residential (North End
Overlay) parcels to the original 50-foot by 150-foot lot, as was recorded prior to 1944. By doing so,the proposed Lot
6A will not meet the current regulations for lot width for corner lots.
• Per Section 4.4(c) of the Subdivision Regulations,corner lots shall be platted not less than ten feet wider than the
minimum required by the Zoning Ordinance for interior lots in the district.A Subdivision Variance is required as
proposed Lot 6A will have a width of 50 feet, rather than the required 60 feet.
• Three dwelling units exist on these two lots: a duplex,constructed in 1935, located at 109 86th Street,and a single-
family dwelling,constructed in 1934, located at 8600 Ocean Front Avenue.The applicant intends to remove the
three units,vacate the interior property lines,and develop the lot with one single-family dwelling.
• The applicant will be attending the Board of Zoning Appeals (BZA)to request variances to the building setback and
building height for the proposed single-family dwelling. Condition 3 has been added to address this requirement.
Required Required Proposed Required Proposed Proposed
Lot Width for Lot Width forot
Areain
Corner Lots • •ts in Frontage in Frontage
(feet) (feet) (feet) (feet) (acre)
Parcel Lot 6A 60 feet 50 feet* 40 feet 50 feet 5,000 feet 7,500 feet
*Variance required
Ruffin 86, LLC
Agenda Item 5
Page 22
f �
E) RSR(NE)
h No Zoning History to Report
.` RSRINE) �RSE)
Application Types
CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance
REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan
CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—Short Term Rental
Evaluation • • •
Section 9.3 of the Subdivision Regulations states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of
the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the
formulation of general regulations to be adopted as an amendment to the ordinance.
D. The hardship is created by the physical character of the property, including dimensions and topography,or by
other extraordinary situation or condition of such property,or by the use or development of property
immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the
issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is located at the time
the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance.
This request for a Subdivision Variance to Section 4.4(c)of the Subdivision Regulations for a reduction in lot width for
this corner lot is acceptable,as Staff finds the proposal to be consistent with the principles of the Comprehensive Plan
for the North End of the City.
The current Zoning Ordinance requires that corner lots be platted not less than ten feet wider than the minimum
required by the Zoning Ordinance for interior lots in the district; however,this was not required when this lot was
originally created,and the applicant is seeking to restore the dimensions as platted prior to 1944. As mentioned
previously, lot width is the only deficiency;all other dimensional standards will be met.Since this request will decrease
the number of lots from two to one, reduce the existing nonconformities,will not create any new non conformities, and
will restore the property back to its originally recorded parcel size(M.B.1, PG 8b) of 50-foot by 150-foot,Staff is
amenable to this request as it will not change the character of the neighborhood, nor will it have any adverse impacts to
the surrounding area.
Ruffin 86, LLC
Agenda Item 5
Page 3
Currently,there are two units on one of the existing lots and one single-family dwelling on the other.All units will be
demolished,and a new home will be constructed that will be compatible with the surrounding area.The exterior design
of the proposed home reflects the character of the area and incorporates attractive, high-quality materials and a design
that is capable of withstanding severe weather events as is recommended by the Comprehensive Plan. Condition 2 has
been recommended to ensure that the proposed single-family dwelling substantially adheres to the proposed elevations
submitted with this application.
In the early 2000s,the City Council directed the Department of Public Works to review parking within the North End of
the City in an attempt to provide additional public parking within the public right-of-way. Driveways for new
developments in the North End must meet the regulations identified in the Public Works Design Standards Manual,
Section 3.9.E, Residential Entrances in the North Beach Area. As such,Staff is recommending Condition 2 to address this
requirement which will be further reviewed during the site plan review process.
Based on these considerations, Staff recommends approval of this request subject to the conditions listed below.
Recommended Conditions
1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SUBDIVISION
VARIANCE EXHIBIT—LOT 6, BLOCK 3, CAPE HENRY SYNDICATE,SECTION "D" (M.B. 1, PG. 8b),VIRGINIA BEACH,
VIRGINIA FOR RUFFIN 86, LLC", prepared by WPL,dated April 19,2021,which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development.
2. The existing driveways on 861h Street shall be redesigned in a manner deemed acceptable to the Department of
Public Works.
3. The proposed single-family dwelling shall meet the minimum dimensional requirements of the R-5R Residential (NE)
North End Overlay zoning district, unless a BZA Variance is granted by the Board of Zoning Appeals. If a BZA Variance
is required,the variance shall be granted on the property prior to the site plan approval for the proposed single-
family dwelling.
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.
RecommendationsComprehensive Plan
The Comprehensive Plan designates the subject property as being located in the North End Suburban Focus Area.The
Comprehensive Plan recommends that parcels in the North End should be consolidated only when best management
practices for stormwater control are included in the reconstruction.The inclusion of porous materials for driveways,
walkways, and other similar surfaces should be used to reduce net impervious coverage wherever feasible. Materials for
this proposed home shall be attractive, high quality, and capable of withstanding severe weather events. Staff
recommends incorporation of standards and guidelines found in the recently adopted Flood Resiliency Toolkit to
prepare and mitigate for flooding and storm surges. Existing natural features should be considered early in the
Ruffin 86, LLC
Agenda Item 5
Page 4
development process, especially with such close proximity to the Atlantic shoreline and dunes. Natural drainage
patterns and unusual topography that would support environmental and human health should be preserved to the
highest degree possible.
ResourcesNatural & Cultural •
The site is located in the Atlantic Ocean Watershed.
8600 Ocean Front Avenue is known as the Faulkner House. It was listed in the Virginia Beach Historical Register in 2003.
Demolition of the building will result in its delisting from the local register. The site was recommended not eligible for
listing in the National Register in the 2018 survey update of the northern half of the City.The property was presented to
the Historic Preservation Commission on September 6, 2023.When a building is listed in the Virginia Beach Historical
Register,the committee prefers that if it is in good condition that it be preserved. After deliberation, it was determined
that there were not sufficient preservation incentives to present to the property owner to retain this historic structure.
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
86th Street No Data Available 9,900 ADT 1 LOS°"D„ Existing Land Use Z—30 ADT
Proposed Land Use 3-10 ADT
'Average Daily Trips z as defined by a single-family 3 as defined by a single-family 4 LOS=Level of Service
dwelling and a duplex dwelling
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
86th Street is a two-lane local neighborhood street.There are currently no CIP projects scheduled to upgrade this
roadway.
Public Utility Impacts
Water
The site currently connects to City water.Any unused services must be abandoned.There is an existing four-inch City
water main along 86th Street.
Sewer
The site currently connects to City sanitary sewer.Any unused services must be abandoned.There is an existing eight-
inch City sanitary sewer gravity main along 86th Street.
Public Outreach Information
Planning Commission
• As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 9, 2023.
• As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, October 25, 2023 and
November 1, 2023.
• As required by City Code,the adjacent property owners were notified regarding the request and the date of the
Planning Commission public hearing on October 23, 2023.
Ruffin 86, LLC
Agenda Item 5
Page 5
• This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's
webpage of www.virginiabeach.gov/pc on November 2, 2023.
City Council
• As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,January 23,2024 and
January 30,2024.
• 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 January 22,2024.
• The City Clerk's Office posted the materials associated with the application on the City Council website of
https:Hclerk.virginiabeach.gov/city-council on February 2,2024.
Ruffin 86, LLC
Agenda Item 5
Page 6
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Ruffin 86, LLC
Agenda Item 5
Page 10
Proposed Building Elevations
IIin
PROPOSED EAST ELEVATION
PROPOSED WEST ELEVATIONS
Ruffin 86, LLC
Agenda Item 5
Page 11
Site Photos
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Disclosure Statement
Disclosure Statement VB
'I7.....B-h
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 Ruffin 86, LLC
Does the applicant have a representatives [" Yes ❑ No
• If yes,list the name of the representative.
Billy Garrington,GPC, Inc
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?9 Yes ❑ No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
The Dare Marie Ruffin Irrevocable Trust is the Sole Member of Ruffin 86, LLC.
Clark L. Davidson is the Trustee of the Trust. John Babb is the Manager of Ruffin 86, LLC
• If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 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.
Z"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.
11
Ruffin 86, LLC
Agenda Item 5
Page 14
Disclosure
Disclosure Statement
my nr Vvpi+m Rrod,
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 9 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,crowcollateralization,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 9 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 9 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 U No
• If yes,identify the fi rm and individual providing t he 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?9 Yes ❑ No
• If yes,identify the firm and individual providing the service.
Morth, Erin Webb
5. Is there any other pending or proposed purchaser of the subject property?❑Yes iZ No
• If yes,identify the purchaser and purchasers service providers.
21
Ruffin 86, LLC
Agenda Item 5
Page 15
Disclosure
Disclosure Statement
c�'qfV ems,-,
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 9 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?[S�Yes ❑No
• If yes,identify the firm and individual providing the service.
WPL, Eric Garner
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 9 No
• If yes,identify the fine 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.
Appika7t 5� -
Macog
Print Nine and Title
Date Is the applicant also the owner of the subject property? 9 Yes ❑ NO
• If yes,you do not need to fill out the owner disclosure statement.
FORCITYLISE ONLY/
that pertains to the applications
® No changes as of Date 1/25/2024 1Signature ,
Print NanV Marchelle L.Coleman
31
Ruffin 86, LLC
Agenda Item 5
Page 16
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.
Ruffin 86, LLC
Agenda Item 5
Page 17
Virginia Beach Planning Commission
November 8, 2023, Public Meeting
Agenda Item # 5
Ruffin 86, LLC
RECOMMENDED FOR APPROVAL- CONSENT
Mr. Horsley: Thank you. Is there any opposition to this ordinance? All right. Next item
is item number five Ruffin 86, LLC subdivision variance. Mr Garrington.
Mr. Garrington-.Good afternoon, Mr Chairman, ladies and gentlemen of the Planning
Commission for the record, Billy Garrington on behalf of the applicant.
Applicant in this case is Ruffin 86, LLC property known as 109 A & B 86th
Street and 8600 Oceanfront Avenue. Property in question is subdivided lots
that were created by deed back in the forties that we're going to vacate the
interior lot line between the two of them create one less non-conforming lot
upon which will be built a single-family dwelling, not four duplexes that two
duplexes one on each lot that could be built otherwise. A lot still one will
not meet all of the requirements of the zoning ordinance because it's a
corner lot. It doesn't have the additional 10 feet of width, but it will be a
significant less non-conforming over that which is there now and the new
use for the property will be one single family dwelling. In the staff, there are
three conditions as a part of this request when total agreement with all three
those conditions and Thank Marchelle Coleman very much for working with
us on this request.
Mr. Horsley: Thank you, Mr. Garrington. Is there any opposition to this? Hearing none.
I asked Mr. Plumlee if he'd read this into the record.
Mr. Plumlee: Just briefly, the commission has allowed this matter to be placed on the
consent agenda. This is for the vacation of an interior lot line at 86th Street
in the Oceanfront. As the applicant's agent pointed out, this will require a
variance be obtained by the board of zoning appeals, which staff has agreed
is acceptable under the current ordinance. We've been shown plans that
are quite attractive for the construction, and it should reduce some of the
activity in that area. I've received nothing but positive comments.
Mr. Horsley: Thank you, sir. So, we have four items to be placed, make a motion that
we approve the item number one City of Virginia Beach, item number two
City of Virginia Beach, item number five Ruffin 86 LLC and item number
seven Anna Costello-Lora Windsor Oaks West Parcel 3.
Mr. Alcaraz: All right. Thank you, Mr. Vice Chair. We have a motion. Do I have a
second?
Mr. Parks: Yes. second.
Mr. Alcaraz: Second by Mr. Parks.
Madam Clerk: Mr. Horsley, can you make that motion on your iPad? Thank you, Mr.
Parks. All right, the vote is now open. By a vote of eight to zero, items
number one, two, five, and seven have been recommended for approval.
AYE 8 NAY 0 ABS 0 ABSENT 3
Alcaraz AYE
Anderson ABS
B ler AYE
Clemons AYE
Coston ABS
Cuellar AYE
Estaris ABS
Hi en AYE
Horsley AYE
Parks AYE
Plumlee AYE
CONDITIONS
1. When the Property is developed, it shall be developed substantially as shown on the
exhibit entitled "SUBDIVISION VARIANCE EXHIBIT— LOT 6, BLOCK 3, CAPE
HENRY SYNDICATE, SECTION "D" (M.B. 1, PG. 8b), VIRGINIA BEACH, VIRGINIA
FOR RUFFIN 86, LLC", prepared by WPL, dated April 19, 2021 , which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning and Community Development.
2. The existing driveways on 86th Street shall be redesigned in a manner deemed
acceptable to the Department of Public Works.
3. The proposed single-family dwelling shall meet the minimum dimensional
requirements of the R-5R Residential (NE) North End Overlay zoning district, unless
a BZA Variance is granted by the Board of Zoning Appeals. If a BZA Variance is
required, the variance shall be granted on the property prior to the site plan approval
for the proposed single-family dwelling.
L. APPOINTMENTS
90-DAY FESTIVAL TASK FORCE
ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY POLICY AND MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW BOARD
PERSONNEL BOARD
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN VA BOARD
SHORT TERM RENTAL ENFORCEMENT TASK FORCE
STORMWATER APPEALS BOARD
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. 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 3854303
The Agenda (including all backup documents) is available at https://clerk.virginiabeach.gov/city-
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2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on
February 6, 2024.
CITY OF VIRGINIA BEACH R
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ITEM# SUBJECT MOTION V0 11 I R Y I K D E N R N N
I. CITY COUNCIL'S BRIEFING
A. FEDERAL LEGISLATIVE UPDATE Anthony Bedell,Senior
Corporate&
Government Relations
Director—Becker&
Poliakoff
Alfonso Lopez,Senior
Corporate&
Government Relations
Consultant—Becker&
Poliakoff
Il. CITY MANAGER'S BRIEFING
A. PENDING PLANNING ITEMS Kaitlen Alcock,
Planning Administrator
III-VI CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y
A-F SESSION
G. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y
1 INFORMAL AND FORMAL SESSIONS
December 5,2023
2. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y Y l Y Y Y Y Y
December 12,2023
H. MAYOR'S PRESENTATION
1• RECOGNIZING ENVISION LEAD
GROW
(Sponsored by Council Members Berlucchi,
Schulman,Remick,Rouse and Wooten)
1. PUBLIC HEARING
I. GRANT OF EASEMENT OVER CITY- 0 SPEAKERS
OWNED PROPERTY
20 foot wide utility easement to Greensville
County Water&Sewer Authority
(Lake Gaston Pipeline located in the Town of
Jarratt,Greensville County,Virginia)
K.1. Ordinance to ACCEPT and APPROPRIATE ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y
$14.9-Million in Federal Funding from the
Safe Streets and Roads for All grant program
to the FY2023-24 Parks and Recreation
Operating Budget;APPROPRIATE$2.998-
Million from the General Fund Balance to the
FY2023-24 Parks and Recreation Operating
Budget;AUTHORIZE a local match totaling
$3.9-Million; and TRANSFER $17.898-
Million from the FY2023-24 Parks and
Recreation Operating Budget to Capital Project
#100644, "Virginia Beach Trail"(Requested
by Mayor Dyer, Vice Mayor Wilson, and
Council Members Berlucchi, Remick, Ross-
Hammond,Rouse,Schulman,and Wooten)
CITY OF VIRGINIA BEACH R
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ITEM# SUBJECT MOTION VCTII I R Y I K D E N R N N
K.2. Ordinance to AUTHORIZE the Modification ADOPTED,BY 8-0 Y Y Y A A Y Y Y Y Y
of the Memorandum of Understanding between CONSENT B B
the City and the Virginia African American S S
Cultural Center, Inc. re extend certain T T
construction deadlines A A
I 1
N N
E E
D D
K.3. Ordinance to APPROPRIATE$687,072 from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
the lease of dark fiber to Capital Project CONSENT
#100106,"Next Generation Network"
KA. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10_0 Y Y Y Y Y Y Y Y Y Y
$499,753 from the Virginia Department of CONSENT
Criminal Justice Services to the FY2023-24
Commonwealth Attorney's Operating Budget
and to AUTHORIZE two (2) grant-funded
full-time positions re prosecuting certain
misdemeanor offenses
K.5. Resolution to ADD Student Members to the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Flood Prevention Bond Referendum CONSENT
Oversight Board
L.1. RUFFIN 86,LLC for a Variance to Section DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y
4.4(c)of the Subdivision Regulations re FEBRUARY 6,2024,
demolish three(3)dwelling units to BY CONSENT
construct one-single family dwelling at 109
A&B 86"Street&8600 Ocean Front
Avenue DISTRICT 6(Deferred from
December 12,2023)
N. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S
90-DAY FESTIVAL TASK FORCE
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS
ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY POLICY AND
MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS TRANSPORTATION
PLANNING ORGANIZATION
HISTORIC PRESERVATION
COMMISSION
IN-HOUSE PHARMACY EXPLORATORY
COMMITTEE
MILITARY ECONOMIC DEVELOPMENT
ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PERSONNEL BOARD
PROCESS IMPROVEMENT STEERING
COMMITTEE
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN
VA BOARD
SHORT TERM RENTAL ENFORCEMENT
TASK FORCE
TRANSITION AREA/INTERFACILITY
TRAFFIC AREA CITIZENS
CITY OF VIRGINIA REACH K
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ADVISORY COMMITTEE
URBAN AGRICULTURE ADVISORY
COMMITTEE
VIRGINIA BEACH COMMUNITY
DEVELOPMENT
CORPORATION
WETLANDS BOARD
90-DAY FESTIVAL TASK FORCE Appointed: 10-0 Y Y N' Y Y Y Y Y N' N'
Elizabeth Bauman—
Representing Resort
Advisory Commission
Member
Lauren Bland
Jaketa Clark-
Thompson—
Representing Minority
Business Council
Member
Nancy Creech
Jeanne Evans-Cox—
Representing Central
Business District
Nick Jacovides
Michael Mauch—
Representing
Restaurant Association
Deepak Nachnani
David Leader
Robert Pizzini
Cynthia Romero-
Representing Arts and
Humanities
Commission Member
George Waters
John Zirkle—
Representing VB
Hotel/Motel
Association
90 Day Term
1/2/2024-4/2/2024
COMMUNITY POLICY AND Reappointed: I 0-0 Y Y N' Y Y 1' N' N' N' 1'
MANAGEMENT TEAM Amanda Caton—
Representing Health
Department
Charlene Collins—
Representing Human
Services Designee
Angela Hicks—
Representing
Community Services
Board
Roni Myers-Daub—
Representing VB City
Public Schools
Gregory Smith—
Representing Court
Services Unit
2 Year Term
2/l/2024—1/31/2026
CITY OF VIRGINIA BEACH R
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ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N JI
MILITARY ECONOMIC DEVELOPMENT Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y
ADVISORY COMMITTEE William Curtis
Unexpired Term
1/2/2024-12/31/2026
PLANNING COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y
John Cromwell—
Representing District 2
Reappointed:
John Coston—
Representing District 9
4 Year Term
2/l/2024-1/31/2028
PUBLIC LIBRARY BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y
Jayla Smith—
Representing Student
Member
Student Term thru
6/30/2025
VIRGINIA BEACH CANNABIS Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y
ADVISORY TASK FORCE Michael Mauch—
Representing Resort
Advisory Committee
Member
2 Year Term
1/2/2024—12/31/2025
WETLANDS BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y
Paul Holley—
Representing Alternate
Member
Unexpired Term
1/2/2024—8/31/2024
0. UNFINISHED BUSINESS
P. NEW BUSINESS
Q. ADJOURNMENT 6:32 PM
OPEN DIALOGUE 6:54 PM
8SPEAKERS
CITY OF VIRGINIA BEACH R
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ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N
1. CITY MANAGER'S BRIEFING
A. GENERAL ASSEMBLY LEGISLATIVE Andrew Damon,
UPDATE on behalf of Brent
McKenzie,Legislative
Affairs Liaison
11-V CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
A-F SESSION
G. MAYOR'S PRESENTATION
I• NATIONAL SLAVERY AND HUMAN
TRAFFICKING PREVENTION MONTH-
PROCLAMATION
Lisa Kersey—Freekind
Naomi Estaris—EnJewel
H. PUBLIC HEARING
1. ACQUISITION BY AGREEMENT OR 0 SPEAKERS
CONDEMNATION
Centerville Turnpike Phase II Project
J.1. Ordinance to AUTHORIZE a 20' (3,216 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
square feet)Utility Easement across a portion CONSENT
of the City's Lake Gaston Pipeline to
Greensville County Water and Sewer
Authority/DECLARE such easement to be
in EXCESS of the City's needs
J.2. Resolution to DISSOLVE the Investigation ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Review Panel
J.3. Ordinance to EXTEND the date to satisfy the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
conditions re closing approximately 21,961 CONSENT
square feet portion of former Princess
Anne Road adjacent to 2040 Nimmo
Church Lane
J.4. Resolution to DIRECT the City Manager to ADOPTED 7-4 Y Y N Y Y Y N Y N Y N
undertake an Economic Impact Study and
Infrastructure Cost Analysis for the Virginia
Beach Sports / Convention District (the
"District")/PROVIDE further direction on
the Land Use Plan that includes the District re
Capstone Proposal (Requested by Mayor
Dyer)
J.5. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
S125,092 from the Virginia Department of CONSENT
Behavioral Health and Developmental
Services to the FY 2023-24 Human Services
Operating Budget re substance abuse
prevention and treatment programs
J.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$116,558 from the Virginia Department of CONSENT
Behavioral Health and Developmental
Services to the FY 2023-24 Human Services
Operating Budget re STEP-VA initiative
CITY OF VIRGINIA BEACH R
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ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N
J.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$46,300 from the Virginia Department of CONSENT
Criminal Justice Services to the FY 2023-24
Human Services Operating Budget re
Community Corrections/Pretrial Services
J.8. Ordinance to TRANSFER$25,000 from the ADOPTED 8-1 Y Y A Y Y Y Y Y N Y A
General Fund Reserve for Contingencies to B B
the Non-Departmental Operating Budget / S S
AUTHORIZE the City Manager to T T
EXECUTE a sponsorship agreement with the A A
Urban League of Hampton Roads,Inc.re 40' 1 1
Annual Martin Luther King, Jr. Awards N N
Breakfast(Requested by Mayor Dyer,Vice E E
Mayor Wilson,Council Members Berlucchi, D D
Ross-Hammond and Schulman)
J.9. Ordinance to TRANSFER$150,000fromthe ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
General Fund Reserve for Contingencies to
the Department of Cultural Affairs /
AUTHORIZE a grant to the Virginia
Musical Theatre, Inc. re support its
productions(Requested by Mayor Dyer,Vice
Mayor Wilson,Council Members Berlucchi,
Henley, Remick, Ross-Hammond and
Schulman)
K.1. MATTHEW A.GALUMBECK&JAMES APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
T.CROMWELL,ESQ.,RECEIVER FOR CONDITIONED,BY
SHORE REALTY CORPORATION, A CONSENT
DEFUNCT CORPORATION for a Street
Closure re a portion of an unimproved lane
adjacent to the rear of 7502 & 7504
Atlantic Avenue DISTRICT 6
K.2. RAHSHA BATISTE / VICINITY APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
HOLDINGS,LLC for a Change of Zoning CONDITIONED,BY
from 0-2 Office District to B-2 Community CONSENT
Business District and a Conditional Use
Permit re tattoo parlor at 3396 Holland Road
DISTRICT 10
K.3. JAMILA BARNES/EXECUTIVE COVE, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
LLC for a CUP re tattoo parlor at 5608 CONDITIONED,BY
Virginia Beach Boulevard, Suite 505 CONSENT
DISTRICT 4
KA TIFFANY LUONG / CHAMBORD APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
COMMONS, LLC for a CUP re tattoo CONDITIONED,BY
parlor at 332 North Great Neck Road,Suites CONSENT
103& 104 DISTRICT 6
K.5. ALLIENA WESTLEIGH / SAW DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONTRACTING, INC for a CUP re FEBRUARY 20,2024
residential kennel at 5205 Shore Drive
DISTRICT 9
L. APPOINTMENTS RESCHEDULED B Y C O N S F N S U S
90-DAY FESTIVAL TASK FORCE
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS
ADVISORY COMMISSION
COMMUNITY POLICY AND
MANAGEMENT TEAM
CITY OF VIRGINIA BEACH R
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ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
FLOOD PREVENTION BOND
REFERENDUM OVERSIGHT BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS TRANSPORTATION
PLANNING ORGANIZATION
HISTORIC PRESERVATION
COMMISSION
IN-HOUSE PHARMACY
EXPLORATORY COMMITTEE
MILITARY ECONOMIC
DEVELOPMENT ADVISORY
COMMITTEE
OLD BEACH DESIGN REVIEW BOARD
PERSONNEL BOARD
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF
SOUTHEASTERN VA BOARD
SHORT TERM RENTAL
ENFORCEMENT TASK FORCE
TRANSITION AREA/INTERFACILITY
TRAFFIC AREA CITIZENS
ADVISORY COMMITTEE
URBAN AGRICULTURE ADVISORY
COMMITTEE
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION
WETLANDS BOARD
90-DAY FESTIVAL TASK FORCE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
Carla Hesseltine
Mark Johnson
Gerald Daniels
90 Day Term
1/16/2024—4/2/2024
ACTIVE TRANSPORTATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
ADVISORY COMMITTEE Kathleen Byler
—Representing Planning
Commission Liaison
Unexpired Term thru
4/30/2026
CLEAN COMMUNITY COMMISION Appointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y
Victoria Luevanos
Unexpired Term thru
9/30/2024
+3 Year Term
10/1/2024—9/30/2027
DEFERRED COMPENSATION BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
Aaron McCoy
—Representing Sheiriff's
Office designee
Michael Callen
—Representing School
Board
No Term
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ITEM# SUBJECT MOTION VOTE 1 R Y N K D E N R N N
GREEN RIBBON COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
Council Member
Schulman
—Representing City
Council
Unexpired Term thru
3/31/2025
HISTORIC PRESERVATION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
COMMISSION Mac Rawls
—Representing Emeritus
Member
No Term
OPEN SPACE ADVISORY COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
Kathleen Simmons
Unexpired Tenn thru
5/31/2025
PERSONNEL BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
Regina Hilliard
—Representing Full
Member
Reappointed:
Frank Borum
—Representing Alternate
Member
Lanitha Hudson
—Representing Alternate
Merit Serive Employee
Member
3 Year Term
3/1/2024—2/28/2027
PROCESS IMPROVEMENT STEERING Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
COMMITTEE Bruce Johnson
No Tenn
RESORT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
Jeremy Maloney—
Representing Design
Professional
3 Year Tenn
1/16/2024—12/31/2026
TRANSITION AREA/INTERFACILITY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
TRAFFIC AREA CITIZENS ADVISORY John Cromwell—
COMMITTEE Representing District 2
Planning Commissioner
Unexpired Term
2/1/2024-2/28/26
Reappointed:
Council Member
Henley
—Representing District 2
City Council Member
3 Year Tenn
3/1/2024—2/28/2027
VIRGINIA BEACH COMMUNITY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y
DEVELOPMENT CORPORATION Kay Ashby
4 Year Tenn
1/16/2024—12/31/2027
CITY OF VIRGINIA BEACH R
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ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N
WETLANDS BOARD Appointed: 1 l-0 Y Y Y Y Y Y Y Y Y Y Y
Barton Dexter
—Representing Alternate
Member
Unexpired Term thru
12/3 I/2027
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT 8:28 PM