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HomeMy WebLinkAboutAUGUST 20, 2019 FORMAL SESSION MINUTES lA B 35) c•I ;y � E4VqOY6� e I. FO NP:44 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 20, 2019 Mayor Robert M. Dyer called to order the CITY MANAGER'S BRIEFINGS in in the City Council Conference Room, Tuesday, August 20, 2019, at 3:00 P.M. Mayor Dyer advised the City Council Formal Session scheduled for November 5, 2019 will be rescheduled to the following Tuesday, November 12, 2019, to allow citizens to vote on Election Day. A formal action will be taken by City Council in October. Council Members Present: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None 2 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH SPORTS CENTER UPDATE ITEM#69492 3:01 P.M. Mayor Dyer welcomed Richard D. Martinec, Project Manager—Public Works and Nancy Helman, Director of Sports Marketing—Convention and Visitors Bureau. Mr. Martinec expressed his appreciation to City Council for their continued support: fi . € ,, . _ i � �r VW C VsVIRGINIA B E A C H PORTS CENTER Nancy Heiman.Sports Marketing Director Re Martinec,Protect Manager City Council Briefing August 20,2019 Here is a timeline with the opening in November 2020: PROJECT IS ON TIME OPENING November 2020 NEW Parking Clearing of Lots OPEN Labor Day Weekend August 2018- October 2018- August 2019 August 2019 November 2020 October 2018 August 2019 October 2020 Parking and Building Site Remainder of Open for Construction Construction Business 4_ VIRGIf1IR �JiBERCH �r r�r„rr August 20, 2019 3 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH SPORTS CENTER UPDATE ITEM#69492 (Continued) Here is a before and after photo of the Sports Center location: :s "" r; August 2018 C, -- cA lotir.,,, 1,�.; . August 2019 „ ''. - VIRGIf1IR BEACH 17th Street Elevation ass , to • £' VIRGIfiIR �BEACH s /live.xE,., August 20, 2019 4 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH SPORTS CENTER UPDATE ITEM#69492 (Continued) Here is the Construction Update for the next 120 days: Construction Update 120 Day Look Ahead • September - Courts Equipment • October - Building Fully Enclosed - Beginning Bleachers • November - Temporary Power With AC • December - Track Material - Court Material https://www.voutu be.com/watch?v=C LYR-s EY FG U&feature=voutu.be VIRGII1lA BEACH Mr.Martinec provided "Fly Through"videos of the courts and track: Fly Through Hard Courts VIRGIf11A BEACH August 20, 2019 5 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH SPORTS CENTER UPDATE ITEM#69492 (Continued) Fly Through Track Inge si Icy . i • - - • VIRGIf1IR sr BEACH Here are the Color and Finishes for the track and courts: Color and Finishes o IIIIIIYiI�� - VIRGIIHR r)BERCH Ills/Ell.LIFE August 20, 2019 6 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH SPORTS CENTER UPDATE ITEM#69492 (Continued) The facility will accommodate twelve(12) basketball courts and twenty-four(24) volleyball courts: COORT]CirlOC VGA%. - '-(7j '; K.7) .7--) Q t Q. t ( t � ( o a VIRGIntA BERCH Mr.Martinec turned the brief over to Ms. Helman who provided a Business Update. Letters of intent have been signed for twenty-two (22) new events. The weekend track season is sold out with the exception of New Year's Day: Business Update • Year One Highlights: i 41 - 22 new events with signed letters of intent(to date) .. • 41,227=Estimated number of qtlEAC athletes - 24 additional events in -‘,;^_r-.L development V �" [...IOU,- Weekend Track season is iAll SOLD OUT with the exception of New Year's Day TEAMMRTE - Variety of Sports: • Wrestling,Gymnastics, USA Basketball,Volleyball,Track, �2'FIELD HOCKEY Futsal,Field Hockey VIRG1f11R BERCH August 20, 2019 7 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH SPORTS CENTER UPDATE ITEM#69492 (Continued) Building Operations Update • Eastern Sports Management — General Manager has been hired • Pre-Planning — Building Operations — Furniture, Fixtures and Equipment — Information and Technology — Equipment Procurement • Development for Local League Play will commence in Summer 2020 VIRGInIR L' �BEACH Ms. Helman turned the brief over to Rae Pearson-Benn, Communications Specialist-Communications Department. Mrs. Pearson-Benn provided a video of her work with Green Run High School students to create "Sports Center Jeopardy": VB Schools Partnership Community Engagement Initiative VIRGInIA ()BEACH August 20, 2019 8 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH SPORTS CENTER UPDATE ITEM#69492 (Continued) Questions ? • ti i solso VIRGIf IA _ - BEACH Mayor Dyer expressed his appreciation to Mr. Martinec, Ms. Helman and Mrs. Pearson-Benn for the presentation. August 20, 2019 9 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS)2018 ANNUAL REPORT ITEM#69493 3:25 P.M. Mayor Dyer welcomed Chief Edward Brazle. Chief Brazle expressed his appreciation to City Council for their continued support: w Emergency Medical Services City Council Update 8/20/2019 Chief Edward M. Brazle The next several slides provide an overview of the EMS Organization: Status of the EMS Organization • The department and `s�^ -I, — = rescue squads continue I I, to succeed £' { • Staffing keeping up with demand • Delivering excellent patient care 0 BEACH*EMS August 20, 2019 10 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS) 2018 ANNUAL REPORT ITEM#69493 (Continued) Status of the EMS Organization • Great community support PLAZA VOLUNTEER ' PESO SQUAD • Considerable City investment • Committed staff and volunteers VA BEACH*EMS Playing a Critical Role • Responding to more calls than ever while providing the latest standards of care • Integral part of major operations (i.e. Something in the Water Festival) • Coordination of all emergency medical operations and training for the City August 20, 2019 11 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS)2018 ANNUAL REPORT ITEM#69493 (Continued) Here is the Volunteer Membership Trends between 2014—2018: Volunteer Membership Trends 550- 450- ,00- 350• -0-Qualified Volunteers aoo A-Actively Staffing Ambulances 250- ..... ...... -0-ln Training 200- 150- 100- 50- 0 2014 2015 2016 2017 2018 This graphic provides the number of Volunteer Applications received and approved between 2014— 2018: Volunteer Applications 1200 .. ..- . 1000- 600- 200 0 2014 2015 2016 2017 2018 2019 Al-Applications Received AO-Applications Approved August 20, 2019 12 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS)2018 ANNUAL REPORT ITEM#69493 (Continued) This graphic provides the number from First Contact to Qualification: First Contact to Qualification 1,277 1 1200 950 3000 725 e0o aos cao 0 c o c bes ae` ec`:g" .,Dao $Jaec \c`yc eb< PQ�\\e kJ\c ea0` aPQ� a Ja\k e The next several slides provide an overview of the services volunteers provide: Those volunteers provide • 12.9 ambulances daily —85%of crewmembers are volunteers • 99%of patient conditions stabilized or improved • 40%survival from Sudden Cardiac Arrest • Cost effective services to the community August 20, 2019 13 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS) 2018 ANNUAL REPORT ITEM#69493 (Continued) The areas in red report the highest number of calls for service: ON ofv.0U+999M Service Demand a-Allow"� y9�� 2016 GYsb Srvke 1 i, • 45,577 Medical .,�,,; v .- fr - Incidents s 4110111P4 41414 11 • 571 Other Calls .i,.. - - - L. for Service -- [—Web.. • This chart provides the time of day when most calls for service are received: Demand: Day of week Time rime of Day SUN MON TOW by TOD of Day - 9 ® O 01000 IIKIMIll 9�0 om 03000359 0 0400a459 INIMMI © wmuo _ p6m am _.07aa76! 0000p69 EAR- rni 11111Er1111 3003.1069 r`'.. wrA' um.1a9 isoO-19® Q 1400 1159 in 111151771111 11109 1659 7 16m•1a9 3 Eni 1700.1753 9W 1900 1959 Mr 111111730111711111111 2000 2069 921 901 0 299 192:296 •i 2124 2100.2169 172 264 FY..'�263 254 312 163-- 1a01 2200,2219 IntnnilirrMIMMEEMEMI...-1.729 20004309 'Et311131 1.10 Told by DOW===` W.119 August 20, 2019 14 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS) 2018 ANNUAL REPORT ITEM#69493 (Continued) This chart provides the number and type of EMS Vehicle Responses: EMS Vehicle Responses 80,000 60,000 60,000 50,000 40,000 20,000r".° 20,000 10,000 • Calls for Service Responses I AMR Responses ',Total 46,148 74,592 48,489 Approximately 80%of transports are to the hospital: Incident Disposition No Patient 3.5% No Transport 14.5% • BLS Transport 56.8% ALS Transport 25.2% August 20, 2019 15 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS)2018 ANNUAL REPORT ITEM#69493 (Continued) Here is a breakdown of Transports by Rescue Squad: Transports by Rescue Squad Virginia Beach Kempsville Plaza smomommmmo Courthouse Davis Corner Ocean Park Chesapeake Beach mum Sandbridge lim Creeds ■ Blackwater i 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% Volunteers work between three (3) to four(4)shifts each month and support special events: Meanwhile • Supporting numerous ` """..,i1V'.` . „,,_.‘_„.,._ special events ` ,_,,___.,_,:,+,i,__,„ ,,,, ti -.,. -.,.,,,_,.,- _ —-.,, 1 � �'-' EIVIf I 1 „„.._... . , ., ,..„,.., ----- k. . . . 0 a9 'kr. August 20, 2019 16 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS) 2018 ANNUAL REPORT ITEM#69493 (Continued) Meanwhile • Providing unified medical training and coordination with: —Fire —Police J, —Sheriff —Aquarium —Other City&Allied Agencies ' Here is an overview of EMS services provided at the beach: Meanwhile • EMS Lifeguards and Supervisors are working i f AI in Sandbridge • VBLS is on the job at the „? /� .~. Oceanfront al ate.. �Q Sim MS • EMS Marine Rescue � ` Team is sailing strong August 20, 2019 17 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS) 2018 ANNUAL REPORT ITEM#69493 (Continued) Each month, EMS is hosting an open house at different stations to provide classes to the community: Moving Forward: Continuously evaluate our recruiting and retention strategies tl 13 411111 jh��.xrtuuw'leYl. -. Moving Forward: Continue to develop required infrastructure nr. / Neil . August 20, 2019 18 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS) 2018 ANNUAL REPORT ITEM#69493 (Continued) The systems approach includes using the same procedures, equipment and training for all first responders: Moving Forward: Continue a systems approach toward emergency medical response TM. r _` OC.aIINW L� Here is 2020 And Beyond: 2020 And Beyond • Burton Station Fire 14 and EMS Station ` " #, • Even bigger special !) 10-..'. events • Focus on sustainability August 20, 2019 19 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES(EMS)2018 ANNUAL REPORT ITEM#69493 (Continued) In Closing • We've achieved much • Community and Government investment have provided a strong foundation for continued growth and success • More great things are ahead BEA N ' EMS EMERGENCY MEDICAL SERVICES QUESTIONS? Mayor Dyer expressed his appreciation to Chief Brazle for the presentation. August 20, 2019 20 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND INITIATIVE UPDATE ITEM#69494 3:54 P.M. Mayor Dyer welcomed Peter Wallace, Director—Information Technology and Debra Bryan, Associate City Attorney. Mr. Wallace expressed his appreciation to City Council for their continued support: REGIONAL BROADBAND INITIATIVE UPDATE BRIEFING TO VIRGINIA BEACH CITY COUNCIL AUGUST 20, 2019 Pedro "Peter"Wallace, CIO Debra Bryan,Associate City Attorney Here are the five(5) cities that represent the Broadband Steering Committee: BROADBAND STEERING COMMITTEE HAMPTON ROADS `�p� CHESAPEAKE Suffolk Yirt]inkr r r -06 z,a< 1 odr— _ • August 20, 2019 21 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND INITIATIVE UPDATE ITEM#69494 (Continued) The blue line on the map depicts the Regional Connectivity Ring(RCR)of 103 miles of dark fiber. The City has sixty(60)facilities connected to the network which was critical in the timely relocation of the Departments from Building 2 to twenty(20)different locations: 11 REGIONAL CONNECTIVITY RING OVERVIEW SW Tit mai The Regional Connectivity Ring is a so3.11 mile dark fiber,open access ring,which will serve as the foundation for smart region development and digitally-empowered communities. Each city houses a Network Operations Center(NOC)to manage their portion of the ring. Here is RCR Overview— Virginia Beach: RCR OVERVIEW — VIRGINIA BEACH Total Fiber Miles:43 Miles 4:t Existing Corduk fiber Udllaadon Footage Cost Per Ft Overall Cost i• . aa6853 sa7.00 s3,856,5oa • 35 a. ' 4 at Junction Boxes . . Quantity Cost per Box Overall Cost - _ 3.5 6750 sa36,aso r t, GPON Cabinet I-VIRGINA;+ti 'r Cost Per • YiEaCN � .;s. GPONOty Cabinet Cost perinatal! Overall Cost 20 s12,000 16,00o 1360,000 • �n s C ity Estimated Cost 4 Virginia Beech Total s4,452,75a CEl%s% s667,4a3 GrandTohM 65,aa4664 •e.,ed en sax PE Design August 20, 2019 22 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND INITIATIVE UPDATE ITEM#69494 (Continued) Here is the cost for each City to build new infrastructure based on what they already have in place: 111 EACH CITY COST PER CITY BUILD—NEW INFRASTRUCTURE Chesapeake:57,929,192 Suffolk:$3,826,600 Portsmouth:$226,703 City of Norfolk:51,863,494-S3,285,532 Virginia Bach ji30 %DESIGN COST Cost:$500,000KEY IMP Each City contribution: City of Virginia Beach:s15o,o0o r` ` ) 14 City of Chesapeake:siso,000 City of Norfolk:$100,000 City of Portsmouth:sioo,000 �jr I� City of Suffolk:s(o) � 1!I ginia Beech August 20, 2019 23 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND INITIATIVE UPDATE ITEM#69494 (Continued) The total Design Cost is$1-Million: 11 100% DESIGN COST The initial cost estimate was$8cc,00c August 8,2o$.9 j The five Southside CAOs and Council - � �, Members agreed to add an additional ' , "r 3 $40,000,totaling$200 0oo per city. . —ME �. �', I i This brings the i00%design cost to �. *r � l _ '— $1,000,000— covering costs such as project , ' i management and personnel/office space .. %. g for the Broadband Authority. 1..cam,• n.cis/ Vir¢W Baeb The next three (3)maps depict the progressive plan for Hampton Roads RCR—Phase I: Hampton Roads _ y / f Regional Connectivity Ring 'l Nar I Regional Connectivity Ring PHASE 1 I Y R Glonmr BR Higher Edurnl/onFacilities arF •N Municipal Fiber NetworksOI)' s'\. RR AL (' e' 1 I I .f N p an ✓ff Sou - County / Gn swkrM.e /', Franklin `\ August 20, 2019 • 24 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND INITIATIVE UPDATE ITEM#69494 (Continued) 4 Hampton Roads. , j Regional Connectivity Ring Regional Connectivity Ring'PHASE 1 _ f tc Oi Owosbr 1171 HuffierFAusation Farlll<iu host Municipal Fiber Networks 4a r{ ol ^` Lam. J,} 1t t�;i Y Southampton �� ,`+ „ ce``\. County ton tr' ela[k Franklin i Hampton Roads r R°' °" Regional Connectivity Ring i,lp!r.r„ `RRegional Conn. y flY 1.PHASE 1 ', S .;Sn,IEll Molar Wtn R timaad les �` N'Wok}dfMMwwtwks I?)/ �. TCC r , TGC j i il� �� u k TCC wronW �fµ tee, Suffolk ' • ' '^ .1. � I n TCC MM m__r_v_as OZ August 20, 2019 25 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND INITL4TIVE UPDATE ITEM#69494 (Continued) The next three (3)maps depict the progressive plan for Hampton Roads RCR—Phase 2, which will include building and connecting the infrastructure to the Peninsula: Y Hampton Roads I t Regional Connectivity Ring , ernal to•na+bNr Nig•MAR ._,,S'.� tifr, Gbnoaber 4 AV w.,RtP.tna.nnw.�+ \t •;4 tt,l, iEa i'''M .L ! Wllllnrg \tt Ai yr ^Sorry N.. ` f / 1. ? . ( W T_ S i_` ak SoutENo yan Spa I `- Ia.oc* stun Beach /JJJ Hampton Roads c - ij Regional Connectivity RIng ._ CJ,oMet AK.,r ~ Coalaly [Regional Connectivity Ring-PHASE 2 ,,y,-1 sj., r.. . ,. In HigherEducationFacilities ,3Cr 4, N MunMP 1 Fiber Networks Wllliamsb re ' ihia Wt William= i and Mary `" 'o ` YMj Y if NewportNews \ :.\ ` 1. m _. --- i �. bay ' JeffersonLabs ,{gyp ) OtO Labs ""pQ_ r"� Thomas•A '' J \__� Nelson 1 FlamplaliS ),.� - University, August 20, 2019 26 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND INITIATIVE UPDATE ITEM#69494 (Continued) Hampton Roads Regional Connectivity Ring .. �^Repo.,CousthM7 RiglPHASE 22 r-` {� emelyRt eyAsu.evaea sswmo � Emery,.N MoeulpolFberNetwork, �l..w:sary , " A..1;1 7• �ry V y N✓ .•� t ry✓c 7 ...- .10;/. s'N^Y new roN• e, 'ti /le.rprw l A 14 .!: -/6„.„_,,, , arty ygyk tr eearA si..i a- A� Phase 3 will connect the five (5)cities to the Peninsula: Hampton Roads ,"�ti Regional Connectivity Ring -4, I,,,r� dj Rpwom CeuuovNy Rh"-"'MEN h a nMA.rEamumnwNwee ?\ N lwewpvl F'Mer l/elrwh N '{, cw b 1 { ,f ,t#j arry . Hampton ,--a4 r I tlb T•' 51* come la- ern • August 20, 2019 27 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND INITIATIVE UPDATE ITEM#69494 (Continued) Phase 4 will begin connecting the southwest rural areas to the RCR: Hampton Roads Imo x Regional Connectivity Ring RegloW Coneeetivey Rini'PHASE t - (� ■ liras Numrbe FatlMtlu Gewly ({- N Nnwkip•Paw nwwor4 ~:17 'l� cr�i RiT or Wiliketsburg rem, .. Sen9 ) �6A { V,Vi Ibnvwoulli N a"%elk foerlamryrre / / Q peekr 7 ■Virginia / � k ,■._- uy Gs, Here is the Internet Speed and Cost Comparison: Internet Speed and Cost Comparison Note:City of Virginia Beach monthly contract rate with Cox to provide 1 GB dedicated Internet awes to muskipal Data Center is$4,500 Morison June,2017 bill to provide 400 MB dedicated Internet aeons backup to municipal Date Center Is$7,300 Speed&_Service Type Monthly Cost Major Providers Cupertino,CA a.1 GB(residential) a.$80' a.AT&T Fiber (home (home of Apple) a.1 GB(residential) a.$801 a.AT&T Fiber Austin,TX b.1 GB(residential)/1 GB(small business) b.$70'/$250' b.Google Fiber c.1 GB(residential) c.$69' c.Grande Salisbury NC a.1 GB(residential) a.$105' a.Fibrant Municipal b.1 GB(residential) b.$80' b.AT&T Fiber Hampton Roads a.200 MB(small business)/100 MB(residential) a.$2443/$76e a.Cox b.500 MB(small business)/300 MB(residential) b.$294 I$943 b.Verizon FIGS Sources: 'AT&T web sits WO,Cupe,tirw.satcburc) 'Goodie Fiterxeo sae Grande webnle •Fibrant web ate °Time Wamarweb uie °COX weber 'Fide web Me °PC Manama May 132015i 6 August 20, 2019 28 CITY MANAGER'S BRIEFINGS REGIONAL BROADBAND INITIATIVE UPDATE ITEM#69494 (Continued) Mr. Wallace turned the presentation over to Ms. Bryan who provided an overview of the Entity Formation Documents: IIENTITY FORMATION DOCUMENTS An Authority will be created under the Wireless Service Authorities Act,Chapter 54.1 of Title 15.2 of the Code of Virginia ARTICLES OF INCORPORATION Articles of Incorporation setting out the usual corporate formalities such as name,address,term, board,purpose,powers and dissolution will be filed with the State Corporation Commission. COMPREHENSIVE AGREEMENT The Steering Committee wanted a document that spelled out how the 5 creating localities would conduct business together. Sets out composition and authority of the Board of Directors,initial contributions,new and withdrawing members,financial policies,etc. CITY COUNCIL RESOLUTION Public hearing must be held and a joint resolution must be adopted in all 5 of the creating localities, and must recite the same effective date to form the Authority. Here is the proposed Action Timeline: ACTION TIMELINE TENTATIVE SCHEDULE • TODAY—Staff recommendation for Authority Board members • Staggering terms,VB seat is 4-year • Names and addresses of initial board members must be published in advance 1 voting member 1 alternate member • Sunday,Sept.15—Notice of Public Hearing and Resolution published in newspaper • Tuesday,Oct.15—Public Hearing • Tuesday,Nov.5'—City Council vote and formal appointment of Board Members • Friday,Nov.15—Effective date of Resolution(all Cities—tentative) 'Election Day—meeting date tentative,pending City Council schedule Mayor Dyer expressed his appreciation to Mr. Wallace and Ms. Bryan for the presentation. August 20, 2019 29 CITY COUNCIL COMMENTS ITEM#69495 4:16 P.M. Council Member Henley advised she attended the Bikeways and Trails Committee meeting on August 19', which included presentations from E-Scooter Companies. Council Member Henley advised the presenters explained how the companies are designed to operate and then listened to interesting comments by the Committee Members. Council Member Henley advised there is a lot more to this issue and feels it would have been beneficial if more of the presentations were provided before E-Scooter Companies put Scooters out on the road. August 20, 2019 30 CITY COUNCIL COMMENTS ITEM#69496 (Continued) Council Member Moss requested to know what action items are planned for the retreat and expressed he would like it to be more actionable and include decision making. Council Member Moss advised he sent Council Members a document with more information on the Bond Referendum and requested anyone with additional ideas to forward him an email and he will add it to the document. Council Member Moss advised he would like to have the Bond Referendum included on the agenda for the Retreat. Council Member Moss also requested to have the 2040 Vision to Action Community Coalition (VTACC) on the agenda to decide on the direction Council Members want the Committee to follow. Council Member Wooten advised Deputy City Manager Ronald H. Williams, Jr., met with the Committee and provided the priorities based on the Comprehensive Plan to change the trajectory of the Committee. Council Member Wooten advised she would like to have a consensus from Council Members on the priorities and direction the Committee should go. Council Member Wooten distributed copies of the Comprehensive Plan Briefing, which is attached hereto and made a part of the record. Council Member Wooten advised the briefing includes the role of the 2040 VTACC and asked Council Members to look at it and let her know if everyone is in agreement, or if not, to let her know what should be changed. Council Member Henley advised the City's Comprehensive Plan is developed by the Planning Commission. 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E 11,,,,,,..,::::,,ii,:ii:::.,,,,1.:i, ::::::',_::,."_':-7 E -..-,...',-„_.- O V < .------- . rr D C V) > a _a C) °U .0 U 4711 C) C ` - N •- C a)PO ° aD > -4- C C 4U a) o o 4� o E •U a H L. 0 0 0_ 0) 0' (6 D 0 C O) a cn 0) D C U °� 0 0 0 O _, - U O 0 D O 0 0- a U c O) .0 r--4 c O C C O '° 0 v a - 0 U 7:i c O 0 _ a) a r U �= 4 -4--- ...SZ 0) :a U C.) Q .0 Cr) U r O O " a 0 D E 0 --i o O a U a) --ci s..... .7...„ — 7._,, L,) -4- O .0 > °- ^ 1 O � � ® � C..) E a.) cl_ 1 --(3 c 1 1 ® N 1 L+- O CDN (NIO O r- 00 O CO O O O O 4- 0 T -4- .1- -4-- O -1- Q a ® o (N — O 0 ,— 0 • • • • • z 0 v 31 CITY COUNCIL COMMENTS ITEM#69497 (Continued) Council Member Moss requested to get an update on the following; 1)Dome Site,status on the church and financingfor the private sector group;2)Rudee Loop;3)purchasing land around Oceana Naval Air Station and the possibility of using the land as an affordable housing option. August 20, 2019 32 CITY COUNCIL COMMENTS ITEM#69498 (Continued) Council Member Moss advised he has put together information on the Buchanan Creek West Special Service District(SSD)Dredging Project, attached hereto and made a part of the record. Council Member Moss advised there are two issues: 1) what is the criteria that determines when the solicitation process is over; and, 2) what is the process when projects are extended. Council Member Moss requested everyone read the information in the event this becomes an issue later. August 20, 2019 Proposed Buchanan Creek West Special Service District Dredging Project Background: This is the second petition that has circulated on dredging Buchanan Creek; the first involved many more waterfront homeowners and failed to pass in 2014. Proponents then re-drew the lines to include only the western branch of Buchanan Creek, thus involving fewer homeowners. Project Timeline: February 2, 2019 First notification letter about Buchanan Creek West SSD package sent by certified mail by project manager's office. Instructions in letter were for those in favor to sign and return within 90 days of receipt of letter. An 80% approval rate by affected homeowners was established by the city. March 5, 2019 Second notification letter sent to homeowners because of low level of response to February 2 letter. Letter reiterated that petitions need to be signed and returned promptly. Mid-Apri1,2019 Heard rumors that extension to 90-day timeline had been granted because proponents were concerned that not all homeowners had received original package and perhaps had not had sufficient time to review the materials. May 28, 2019 Deadline of May 31 for determination of homeowner approval/disapproval was confirmed via email from Mr. Rommel Tamayo, Coastal Project Manager. May 31, 2019 Blane Krueth,one of the homeowners opposed to the project, went to the Coastal Engineers Office (3rd floor, building 2)to meet with Mr.Tamayo and his supervisor, Mr. Dan Adams, Coastal Program Manager. Mr. Adams confirmed that another extension had been requested by Mac Rawls, Chairman of the Dredging Committee. Rawls requested an extension because he stated that "someone had been spreading false information about the SSD program." Mr. Krueth confirmed that he had had several discussions with neighbors, but those discussions centered solely on the cost of the project versus its value to the homeowner at resale. The meeting ended abruptly when shooting began in the building, and building was evacuated. July 3, 2019 Letter dated July 3 was mailed to all homeowners affected by the dredging project. Letter stated that SSD was not approved because the extended petition deadline of 120 days had expired, and the 80% approval threshold had not been met. August 6/7, 2019 Began to hear rumors of a meeting between dredging committee members and city council member and city staff members. Apparently, another extension was granted, supposedly with a deadline of August 12. August 13, 2019 Mr. Krueth phoned Mr. Tamayo, the Coastal Project Manager and point of contact for homeowners. He stated that Mr. Krueth would need to speak with Phil Roehrs, city engineer, about any information regarding the program. Mr. Krueth phoned Mr. Roehrs who confirmed that another extension had been requested, but he did not know if the extension would be granted. Mr. Roehrs suggested that Mr. Krueth speak with Tom Leahy, Deputy City Manager. Mr. Krueth phoned Mr. Leahy to inquire about whether another extension would be granted. Mr. Leahy stated that he believed one homeowner had not had the proposal package for the requisite amount of time and that he would need to discuss the matter with Mr. Roehrs. Homeowner Concerns: 1. This petition process has now dragged on for seven months, pitting neighbor against neighbor and causing division in our community. This timeframe far exceeds the 90-day period set by the city in their letter dated January 30, 2019. Our principal concern is that extensions will continue to be granted for dubious reasons until the 80%approval rate is achieved. 2. Once the deadline for the petition phase had passed, much of the activity that has transpired has been conducted behind closed doors with no transparency available to those opposed to the project.Though the Office of the Coastal Project Manager had been the point of contact for this project, that office has now been completely bypassed. 3. If, in fact, our elected city officials are representatives for ALL city residents, why are meetings conducted between city officials and proponents for the project with opponents of the project never afforded participation in or knowledge of such meetings? City officials appear to have discarded their unbiased, sworn duty to support ALL Virginia Beach citizens. 4. The dredging committee was originally established by the Thalia Civic League to gather information and share with league members about the dredging proposal. Membership on the committee was voluntary and open to any member who wanted to serve. After attending several committee meetings, the one committee member who was opposed to the dredging proposal was removed abruptly from the committee, unbeknownst to him. When he inquired about why he was no longer invited to meetings, he was informed that the committee was no longer an information-gathering group but had been changed to an advocacy group. 5. The cost of the proposed SSD is of concern to many.Thalia is a well-established neighborhood in Virginia Beach, and many of its residents are retired or nearing retirement. For those residents who are fortunate enough to own waterfront property who participate in the SSD, the city estimates that an additional tax of 48 cents per$100 of the assessed value of the project service area will be levied. This combined with the city estimated cost of $9,188.00 for an access basin to use the dredged canal will prove to be problematic for many homeowners. In fact, some who are living on fixed incomes and unable to pay these additional tax burdens may have no other recourse but to sell their property. Anecdotal Information: 1. Last week dredging committee members came to the home of our neighbor Virginia Goetz, 628 West Lynn Shores Circle, stating that five families had pooled their funds and would pay her additional real estate taxes if she would change her "no" vote to a "yes." She refused their offer and remains a "no" vote. Two other homeowners had the same offer made to them, both of whom refused the offer. 2. Many of our neighbors have been contacted so many times by committee members about changing their votes from "no" to "yes"that they are reluctant to answer their telephones or their doorbells. 3. When this dredging project was first proposed, Mike Dougherty, 631 Lynn Shores Drive, had tried unsuccessfully to have his property removed from the list. He was under the impression that his property line did not extend to the water; thus, he concluded, he was not an official waterfront owner. Instead, he has a large mud parcel that leads down to the water. Phil Roehrs, city engineer, came to Mike's house last week along with two members of the pro-dredging committee. Mr. Roehrs stated that he had spoken with the city attorney and the parcel in question is city property and even though Mike does not own the mud parcel, he has permission to use it and to improve it as he sees fit. Mr. Roehrs also stated that the dredging of the canal would come close enough to this city property so that Mike would not have to build a pier to access the channel. In addition, Mike was provided a letter that stated that if the dredging could not achieve this goal, any additional real estate tax money that Mike had paid to support the dredging project would be refunded by the city. (We have not seen this letter and can report only what Mike has related to us.) (Note: All of the above incidents occurred after the July 3, 2019, letter from the city was mailed to homeowners stating that the SSD proposal had failed.) Attachments January 30, 2019, Letter proposing establishment of Buchanan Creek West SSD March 5, 2019, Notification letter proposing establishment of Buchanan Creek West SSD May 28, 2019, Email between Mr. Tamayo and E. Carl Swanson confirming May 31, 2019, deadline July 3, 2019, Letter from Mr. Tamayo stating that 80% approval rate had not been reached August 21, 2014 e-mail from Michelle Exum confirming that Dredging Project had failed to reach the 80%threshold for approval Respectfully submitted by: Blane L. Krueth Eldon Carl Swanson,Jr. 616 Greentree Drive Dolores C. Swanson Virginia Beach, VA 23452 641 East Lynn Shores Circle 757.650.4041 (mobile) Virginia Beach, VA 23452 757.431.1039(home) 757.469.4231 (mobile) August 15,2019 " L, BUCHANAN CREEK WEST SSD PETITION TRACKER (As Of 05-28-19) „. ,_ ' , rj: t 52 Petitions Out Of 68 Received 76.47% Of The Petitions Have Been Received Signed Petitions GPIN Property Address Property Owner Received *Denotes that Property Owner Received Petition Package By CVB Y 14880162680000 685 THALIA POINT RD HUANG HE&CHEUNG CHIU MEI* Y 14880152740000 681 THALIA POINT RD FARINO LIVING TRUST* Y 14880151600000 675 THALIA POINT RD ALCOREZA OSCAR B&ALCOREZA LENYS M* Y 14880056790000 669 THALIA POINT RD SITA TOPALU REVOCABLE TRUST* Y 14880044330000 653 THALIA POINT RD FINLEY PAUL A& FINLEY PENNINA G* Y 14880033310000 649 THALIA POINT RD HOLLIS STUART C&HOLLIS FELICIA A* 14880022600000 645 THALIA POINT RD ELERYAN AIMAN* Y 14880011810000 641 THALIA POINT RD JU"BU H&JU MI SON* Y 14880000830000 637 THALIA POINT RD GLENN DOUGLAS J&GLENN TIFFANY K* Y 14779999780000 633 THALIA POINT RD DELUTIS JAMES E&DELUTIS SARA A* Y 14779988890000 623 THALIA POINT RD FLAX SCOTT!& FLAX LEAH B* Y 14779977550000 617 THALIA POINT RD ROB AND DEBBIE REASONS LIVING TRU* Y 14779966750000 613 THALIA POINT RD CLARKE FRANKLIN B JR&CLARKE LINDA R* Y 14779965240000 609 THALIA POINT RD HARDING JOHN P III&HARDING SUSAN L* Y 14779954460000 605 THALIA POINT RD MAY DAVID LJR& MAY ANNE E* Y 14779944150000 601 THALIA POINT RD MUGLIA LIVING TRUST* Y 14779943240000 620 THALIA RD CHAMBERS N KENT&CHAMBERS DARLENE C* Y 14779942110000 618 THALIA RD HARTZ CHARLES RJR&HARTZ SARA E ANDREWS* Y 14779961050000 612 THALIA RD CECIL MCCLELLAN RAWLS& MARJORIE* Y 14779859930000 629 _ DALE DR FROHLICH THOMAS&THOMPSON GEORGIA* 14779867880000 625 DALE DR FIELD ROBERT 5* Y 14779866740000 621 DALE DR BREWSTER THOMAS R* Y 14779865420000 617 DALE DR JOHNSON E HOUGH III&JOHNSON KIRBY M* 14779863380000 613 DALE DR LIVELY ALTON LEE&LIVELY SANDRA NETTLES Y 14779871420000 4200 THALIA DR DAVIDSON RYAN H&DAVIDSON DOROTHY E* Y 14779890770000 4132 THALIA DR ZETfLEMOYER DAVID M&ZETTLEMOYER ANNE E* Y 14779893170000 613 GREENTREE DR SULLIVAN ALETHEA&SULLIVAN JONATHAN* 14779884590000 617 GREENTREE DR HENDRIX CHRISTOPHER 0&HENDRIX SHERRI L* Y 14779886410000 621 GREENTREE DR HAMMOCK THOMAS JR* 14779887320000 625 GREENTREE DR RICKMAN WAYNE LEE Y 14779888330000 629 GREENTREE DR MARSHALL GEORGE A& MARSHALL SANDRA L* Y 14779899130000 633 FF DR BALZERYERONICA M* Y 14779990140000 637e__, III GREENTREE DR MUSOLINO MATTHEW ETAL* _> 'Q-i/ .2/ S? Y 14779991340000 641 GREENTREE—"UH sIuipi MICHAEL A&STOPPER LAURA R* '' Y 14779983910000 649 GREENTREE DR CHEUNG CHIMING &PING YIKWAI* V 14779984890000 BCW1 BCW1 CHEUNG CHIMING&PING YIKWAI* Y 14870915770000 652 GREENTREE DR ALIMARD RAMIN&AWARD MARI JAMILLE* Y 14870933430000 644 GREENTREE DR MICHAEL SMITH KYNETTAND GAIL JOH* Y 14870931080000 640 GREENTREE DR KASISKI PETER J* Y 14870920860000 636 GREENTREE DR MADELINE JOSEPHINE CIOIA HUBBARD* Y 14870829750000 632 GREENTREE DR ROTH DAVID W&ROTH DORIS JEAN* )ate Printed 5/2020191:32 PM Page 1 of 2 Buchanan Creek West Petition Tracker\Tracker • • 21 BUCHANAN CREEK WEST SSD PETITION TRACKER (As Of 05-28-19) ;C; t Li.:::,.,..„. . 52 Petitions Out Of 68 Received 76.47% Of The Petitions Have Been Received Signed Petitions GPIN Property Address Property Owner Received *Denotes that Property Owner Received Petition Package By CVB Y 14870828440000 628 GREENTREE DR ARTHUR G HUBBARD REVOCABLE TRUST&VANESSA K HUBBARD REVOCABLE TRUST* 14870827230000 624 GREENTREE DR WALKER BRENDA K* 14870816700000, 616 GREENTREE DR KRUETH BLAME L& KRUETH AUDREY H* Y 14870824170000 608 GREENTREE DR HOWLETT DANIEL P& HOWLETT MOLLY J* Y 14870834450000 4028 GLEN RD HECHINGER REVOCABLE LIVING TRUST* Y 14870845610000 4024 GLEN RD KEZMAN SCOTT W& KEZMAN ANASTASIA P* Y 14870856670000 4020 GLEN RD HUBERT DAVID J & HUBERT LYNN J* Y 14871817490000 3904 HERON POINT CT KOVACS LESLIE A* Y 14871829420000 613 LYNN SHORES DR HARTZ CHARLES ROLLAND JR&HARTZ SARA ANDREWS* Y 14871920120000 617 LYNN SHORES DR SHOURDS JOHN &SHOURDS CATHRYN R* Y 14871911720000 621 LYNN SHORES DR EXUM BRUCE W JR& EXUM MICHELLE L* 14871912530000 625 LYNN SHORES DR HODGES SUSAN C* Y 14870991570000 627 LYNN SHORES DR NOFFSINGER DANIEL L* 14871913170000 631 LYNN SHORES DR DOUGHERTY MICHAEL F& DOUGHERTY MICHELE C* 14870994700000 605 W LYNN SHORES CIR RICHARD K MILLER REVOCABLE TRUST* Y 14870983330000 609 W LYNN SHORES CIR MARY JOAN RIGHTMIER TALKE TRUST* Y 14870974030000 613 W LYNN SHORES CIR AHLQUIST KAREN &AHLQUIST FRANCIS HARTMANN* 14870965360000 617 W LYNN SHORES CIR KARNS CAROL* Y 14870957800000 621 W LYNN SHORES CIR CUTCHINS JAMES A JR&CUTCHINS GALE* 14870958240000 625 W LYNN SHORES CIR LAHREN SANDRA AUSTIN* 14880050300000 629 W LYNN SHORES CIR GOETZ ROBERT B&GOETZ VIRGINIA L 14880060690000 633 W LYNN SHORES CIR FRANCES S CLARK RT* GREGORY S KIRBY REVOCABLE LIVING &TERESA S KIRBY Y 14880071680000 637 W LYNN SHORES CIR REVOCABLE LIVING T* Y 14880094130000 657 LYNN SHORES DR SEI VISTAS LLC* Y 14881003780000 656 LYNN SHORES DR JULIA P PARKER REVOCABLE TRUST* 14881011190000 641 E LYNN SHORES CIR SWANSON LIVING TRUST* 14881022690000 637 E LYNN SHORES CIR SCULLION CAROLYN WILLIAMS&SCULLION WILLIAM J JR* Number of SSD Participants: 68 Date Printed 5/28/2019 1:32 PM Page 2 of 2 Buchanan Creek West Petition Tracker\Tracker City of V3rgiriia Beach ca t$ QA Qs�, ?r a. OF OUR NA't10t"' ,1j15y;> m DEPARTMENT OF PUBLIC WORKS MUNICIPAL CENTER (757)3854131 BUILDING NUMBER 2 FAX(757)385-5668 MI5 COURTHOUSE DRIVE TTY:711 VIRGINIA BEACH,VA 234566631 January 30,2019 Blane L.Krueth&Audrey H.Krueth 616 Greentree Dr Virginia Beach,VA 23452-2642 Dear Blane L.Krueth&Audrey H. Krueth: An analysis was conducted to determine the approximate costs and quantity of dredging necessary to establish and maintain the navigational channel system. The results of the analysis have been incorporated into a project report developed for Buchanan Creek West, dated December 7, 2018. The project report outlines the costs,timelines and methods of funding foH tbbe,project. It further outlines that City participation in this neighborhood dredging project is subject to the'osbfishment of financing of the neighborhood's share of the project through the creation of a special service ttict. The district would include all waterfront properties that would derive a benefit from the dredgeMtamiels, and will only be established with the consent of 80% of the affected land owners. The purpose of this mailing is to address this contingency. Enclosed is a Landowner's Petition for Special Service District and Right of Entry for Rights to Dredge, along with a copy of the project report and attachments. If you concur with the establishment of a special service district over the area depicted on the enclosed map, please carefully review the Petition, have each owner of your property sign their name on the line identified as "Landowner's Signature" and have the signature(s)witnessed by another individual who should sign and print their name on the lines identified as "Witness Signature." Please return the signed Petition to the Department of Public Works, Real Estate Division in the enclosed stamped envelope within 90 days of receipt of this letter. The City of Virginia Beach, Department of Public Works, Water Resources Engineering Division administers this petition phase. I will be the point of contact to answer any questions pertaining to the petition and to provide additional information about the proposed project. I can be contacted at (757) 385-4511 or via email at rtamayo(wvbgov.com. Thank you for your cooperation in this matter. Sincerely, r. ' Rommel B.Tamayo,P.E. Coastal Project Manager Enclosures: Project Report,Attachments A,B and C,and Petition / . ,riu+y,acsti. Project Report a Proposed Neighborhood Dredging SSD .-�- - ,- - ¢s Buchanan Creek West t•mo +! December 7, 2018 Background The difficulties associated with removing sediments from navigational channels within the City of Virginia Beach's waterways have hindered private dredging efforts for decades. On May 10, 2011, City Council adopted a Policy that established the Neighborhood Dredging Special Service District (SSD) Program. This program is an opportunity for residents to enter into a partnership with the City, with the primary goal of restoring and maintaining navigation within the various waterways throughout the City. The Policy outlines the need for such a program and the basic procedures by which the program would be implemented. The program for neighborhood navigation SSDs is entirely voluntary, considered only at the request of the community, and only with a supermajority (80%) of those impacted accepting the establishment of the district. Upon creation, the City would manage the design, permitting and construction of a system of navigation improvements in the community. Funding would be derived from three sources. The City would fund a segment of channel from the main City channel network into the neighborhood, this segment of channel is referred to as a "City spur channel". The collective district property owners would jointly fund the main neighborhood channel system, referred to as the "SSD channels", through a real estate tax surcharge under a Special Service District. Finally, individual property owners would electively fund the dredging of their "individual access basins", which link their private piers and docks to the proposed channel system. This Project Report focuses solely on the Buchanan Creek West neighborhood project parameters to determine costs and the potential SSD real estate surcharge rate. Mechanical dredging will be the method employed for this project, with dredged material transfer to occur either within the neighborhood or at a City transfer facility, and disposal of the dredged material at the Whitehurst Dredged Material Management Area. The format of the SSD proposal is for a defined period of 16 years, during which three cycles of dredging are anticipated to occur during years 2, 9 and 16. 1 Initial Estimate of Project Costs 1. The preliminary channel layout includes approximately 1,745 feet of City spur channel and 7,015 feet of SSD channels, as shown on Attachment A. Based on the anticipated channel widths and depths, it is estimated that the City spur channel would initially require approximately 6,010 cubic yards of dredging, and that the SSD channels would initially involve approximately 17,331 cubic yards of dredging to construct 15 to 25 foot wide channels with maximum depths of four and half feet below Mean Low Water. It is assumed that the second dredging cycle will involve only 70%of the volume of the initial dredging, and that the third dredging cycle will involve even less volume, 50% of the initial. The cost for mechanical dredging and disposal was estimated at $36.75 per cubic yard for the first cycle of dredging. A 5% cost escalation per year with roundup to the nearest cent is applied for the second and third dredge cycles. 2. Surveys, design, permit acquisition, bid document preparation and construction administration for medium scale navigation projects typically runs 20% of construction, and is added to overall project costs in the tables below. Both the City spur channel and the SSD channels will require adequate marking for safe navigation. It is estimated that 3 markers will be needed along the City spur channel, and 16 markers will be needed along the SSD channels. Installation of these markers is estimated at$3,000 each. This equates to an estimated additional $9,000 of upfront City construction costs, and $48,000 for the SSD funded channels and is added to the initial dredging cycle costs. 3. Mitigation credits will need to be purchased for impacts to wetlands which cannot be avoided during construction. It is estimated that 21,240 square feet of non-vegetated wetlands (or mudflats) and 2,643 square feet of vegetated wetlands will be impacted during the initial dredging of the SSD channels. The current cost to purchase mitigation credits for impacts to non-vegetated wetlands is approximately $5.50 per square foot, bringing the total cost of mitigation to $116,820. The current cost to purchase mitigation credits for impacts to vegetated wetlands is approximately $25.00 per square foot, bringing the total cost of mitigation to $66,075. The combined total cost of mitigation for non-vegetated and vegetated is $182,895. This cost is included in the first dredge cycle only. 4. Not included in the first dredge cycle only is the design and construction costs of and the mitigation costs for a SSD transfer station within Buchanan Creek West. 2 5. The following tables summarize the initial cost estimates for each of the three dredging cycles for the City spur and SSD channels. SSD Channel Cost Estimate Dredge Cycle Cubic Costs/Cubic* Cost *** Yards* Yard 1 17,331 $36.75 $1,174,792 2 12,132 $51.72 $752,960 3 8,666 $72.78 $756,853 TOTAL 38,129 $2,684,605 City Spur Channel Cost Estimate Dredge Cycle Cubic Costs/Cubic* Cost *** Yards* Yard 1 6,010 $36.75 $275,842 2 4,207 $51.72 $261,103 3 3,005 $72.78 $262,445 TOTAL 13,222 $799,390 * Variable dredge cuts to reach the Allowable Depth of-4.5 feet below Mean Low Water(MLW)where the Required Depth is-4 feet MLW ** Assesses a 5%yearly cost escalator *** Includes 20% design costs and construction costs for dredging as well as navigation aids and mitigation costs in the first year 6. Another component of this program, supplemental to the City spur channel and SSD channels, is the option to have an individual access basin permitted and dredged. Only the design costs associated with the individual access basins are included in the SSD tax rate calculation. The construction costs are funded 100% by their respective property owners, and are not included in the SSD tax rate calculation. 7. For estimating purposes, it is assumed that all 68 property owners will elect to have their individual access basins dredged. It is also assumed, based on quantities from similar adopted SSD projects, that the average access basin will require the removal of about 250 cubic yards of material during the first cycle of dredging. Under these assumptions, the average initial construction cost associated with dredging an individual access basin would be $9,188 for this project. Please be aware that the actual construction cost can vary greatly depending on the layout of the channel system relative to each property, among other variables. The following table is a summary of the estimated costs associated with this portion of the project. 3 Individual Access Basin Cost Estimate Dredge Cycle Cubic Yards* Costs/Cubic Construction Design Cost Yard Cost (Included In SSD) 1 17,000 $36.75 $624,750 $170,000 2 11,900 $51.72 $615,468 $0 3 8,500 $72.78 $618,630 $0 TOTAL 37,400 $1,858,848 $170,000 * Variable dredge cuts to reach the Allowable Depth of -4.5 feet below Mean Low Water(MLW)where the Required Depth is -4 feet MLW ** Assesses a 5%yearly cost escalator 8. The individual property owner will also be responsible for mitigation cost for dredging impacts for the access basins, if wetland impacts are present. These costs have not been determined and are subject to further design and analysis. For estimating purposes, depending on the individual access basin's location, these costs can be as much as $5.50/ square foot and$25/square foot for non-vegetated and vegetated areas, respectively. Special Service District Analysis As shown on Attachment A, the proposed district is composed of 68 properties that would be served by the channel system. A listing of the current owners and addresses of the properties within the proposed district is included in Attachment B. The FY 2018 assessed value of the district totals $35,018,300. In keeping with the format established in City Council Policy, no change in assessed value is incorporated in the computation of surcharge rate for the 16 year period. The rate is proposed to be re-evaluated on a 4 year cycle, where adjustments can be made to account for changes. At $35,018,300 assessed value for the 68 properties, each 10 of tax surcharge raises $3,502/year. In order to cover the current estimated total SSD cost of$2,684,605 during the 16 year project life, the initial SSD real estate surcharge rate for this project would be 48.0 cents per hundred dollars of assessed value. This rate will be re-evaluated after the first dredging cycle and then every fourth year to determine if an increment adjustment to the rate is necessary. Given the median assessed value of$485,300, the median property within the district would pay$2,329 per year in SSD tax surcharge at the current estimated rate. A full pro forma showing revenues and expenses for the entire 16 year program is included with this report as Attachment C. Legal Background and Associated Legislation The legal background for these SSD projects includes the enabling legislation (Chapter 24 of Title 15.2 of the Virginia Code) and the chapter of the City Code regarding Neighborhood Dredging Special Service Districts (Chapter 35.3 of the City Code). The previously described May 10, 2011 City Council Policy sets the groundwork for this program and is the origin of the 80%neighborhood participation requirement. 4 In addition, City Council adopted ORD-3304 on September 10, 2013 which pertains to the deferral of Special Service District Levies for qualifying senior and disabled persons. Any owner of property subject to additional levy of Neighborhood Dredging SSD taxes may, by application, apply for a deferral of such additional levies. The deferral of such taxes requires that the applicant meet the age or disability criteria and net worth qualifications for the deferral of general real estate taxes. More information regarding the SSD deferral program can be obtained by contacting the Commissioner of the Revenue office at (757) 385-4251 or via email at corad:nin:p vbtoz.coin. Prepared by: Date Rommel B:Tarnayo,P.E., Coastal Project Manager Reviewed by: .��� 111° Date Daniel F. Adams,P.E.,Coastal Program Manager 5 e u \\_. :,,,,, 411.; . .4, ..:....a .,_ . ,k1 441W6/ ' ( ,,;,. 41,WI. 1 t , ,,-- t V i1111.' Ite r ( \h‘ ,, 1,t I. 111U 41,141r it. - r:- . 140 'Ir\ t ,..,-=-----;--... .._ \i '-- la ,L'A.-410,)\tlf ILI, Lill 41 141.1vialifl I ill #'-''--- , /-1— - iik, , --,' • ‘ . ,,-- - ..-\# 4/ „- , - . _ + i ,. /i tilit,411r , - --N, , 0.00_4416.4_______ 1010; _.,.. ,4 ,4114w ,., „. -,\ \ .,_...., ,.._ , 4, „, .._.." \ ,,,,,,,, , /.//: 111:7. 67, itifil- --:4 i, .‘ ‘,„ /,, v. , _ . 411 ji 4 i, ,, •\,„\.„ _______ _____. ,. _ ._._. ,. ____...... „ .. _:::._._. _ .... 1 , . . ,.), __, ... . et , ,„ .. . ,.. .... '17 ''''2 _,_,._ :::_,Z*Will ,t. :.. , ' Au' A , ,,N t_ ,...„.., ,_ II , .01ski*Pi ,...,-, - .' 0 -/' , gilloill, .,,,46- 7.*,„: ,;-,3 40. :41 * fir _ :, :, � i 14. _ iw so , al . 1 iJilia 111 --. 1 Emir ii,,,,, , : r--- 4„‘ -11,,,,, 1,4 : Noll:„ ., WI . 4. I: ' n:, ...idli SCR/ :1111 IV Ai _ 4020 ��®� ,. 615 i ■ APErdi - - ,, _ _i__ ___7)_ -_,, -3____ ___ ____________ _ :__ _ Igo- 4200 ,4122 . 14 7 ail A. ' ., ,, ft --'1\:.7._.:..*C ;, ' -,-:=-:'''' , \ (-- 1 ' \., 1 5 Legend 474**8 I '' it; . ,,, Ai 1 1 iolt 40A-, ,:, -,-- En Ch.,Funded Spur ' 1P' ® %t al en Neighborhood Funded Spur ,,,_ p,� , QS4My Area Propertylar 9r�"^'CFitit giO 44, -4,#10:,,,oimr A A im________-__ -111kOsiialramt,Nittb Ail Vi-',4, losi,' - ', ,s ._.! (suPIIPI) ° m **° Proposed Buchanan Creek West SSD Dredging Project (As Of 11-19-18) (68 Potential Participants) e. - p .., % ,, 7— • i_ z i a ' r' t -,'' . '' x I'' e i' � \ t; r f l § v`" iT i i / i f�/f 1 \ • �' r r1 ai { "3. . rem - ` ` ----:- 3--1414'''''-'-''' 117--- 4111It'-'- :. r,"".'-7.7'-":-ei---'- ''''Ittf-7.--.t---t-c.:-'1::: \'‘,V.-tPt-'17: -;‘,:tC4-1.'...-.,.-t:‘7:'2,1 1,C1.,'-'--t-,-\-Li',\---7.-;-----1777------'"!--3•Ft:.-:-fett,1-':-..-4,:: '� 1 d pia . arc . Tom, & azs . a , aza-. 1 \ �SO? r 4 --,. --_,:'.17„-t-,, ..2.,- .,f,-A,,,, ..-.:I4'--A, ,, --ZS,. ,::.,,!-'-i',,. '-----,„'-_ . '•.-:-J) --'-irfi.. ,,,,. .,. -,-,4;-:,-- -.t--,,, •-;,- _,,, , •- r,--?„7" j, to, ..... ,„., _ , ,. ., ,-,--„--„___.-'4 ' T`eAt**., : .,':nir2fT--.''' -1‘,..,..'Y- * -.4:1'.f.V 41%., '"' - ':'-: '11C.--: -1',:4L41 :-:r**'''':: -'----4-_:'''- ''''S-Tr::f- t: - — '� ', �' - .ram_.� , .� �..€,ram. - wzi,,, Yr , .qf it `� fs ,� ` ►a - { 1 . Legend :., . ,,t,::1 .:„,,,,_ r _r ��'-et-Ai:: r -�- X, -. ` �• - `tla_+ ` I Main Channel G Ara F` _ , .— .: .ry e � . ,�' 'r C 1 CityMai Funded Spur ,�L [�i1� ,, e ,- Neighborhood Funded Spur # r5e#/ -'# *"' h. Stu Ana Pro rty _s y, ! .. ..._1 Property Lino d— .'s, . _ ,, 3-'-- xr y Fe I- �: rAme, Buildings clry Property "`r .'.'! �;s _-p r i - f �, A � .e— - - ~�- :�.w.....-+w+r�.w..++.� e,....r.»..�. _ -e_•ai_.a non 1'1..�.J...:re re Ow�ien� RJ] Sa rr%`z`w h ATTACHMENT B-PROPERTY LISTING % NEIGHBORHOOD DREDGING FOR THE PROPOSED BUCHANAN CREEK WEST SSD DREDGING PROJECT `` t} Assessments Received On:November 5,2018 Date Of Pre-Design:November 19,2018 SSD ID GPIN Address Owner 2 14880162680000 685 THALIA POINT RD HUANG HE&CHEUNG CHIU MEI 3 14880152740000 681 THALIA POINT RD FARINO LIVING TRUST 4 14880151600000 675 _THALIA POINT RD ROBERTA WIDENER LT ETAL 5 14880056790000 669 THALIA POINT RD SITA TOPALLI REVOCABLE TRUST 6 14880044330000 653 THALIA POINT RD BETTY D OVERFELT TRUST 7 14880033310000 649 , THALIA POINT RD HOLLIS STUART C&HOLLIS FELICIA A 8 14880022600000 645 THALIA POINT RD ELERYAN AIMAN 9 14880011810000 641 THALIA POINT RD MOORE CAROLEE ETTLINE 10 14880000830000 637 THALIA POINT RD GLENN DOUGLAS J&GLENN TIFFANY K 11 14779999780000 633 THALIA POINT RD DELUTIS JAMES E&DELUTIS SARA A 12 14779988890000 623 THALIA POINT RD FLAX SCOTT J&FLAX LEAH B 13 14779977550000 617 THALIA POINT RD ROB AND DEBBIE REASONS LIVING TRU 14 14779966750000 613 THALIA POINT RD CLARKE FRANKLIN B JR&CLARKE LINDA R 15 14779965240000 609 THALIA POINT RD HARDING JOHN P III&HARDING SUSAN L 16 14779954460000 605 THALIA POINT RD MAY DAVID L JR&MAY ANNE E 17 14779944150000 601 THALIA POINT RD MUGUA UVING TRUST 18 14779943240000 620 THALIA RD CHAMBERS N KENT&CHAMBERS DARLENE C 19 14774942110000 618 THALIA RD HARTZ CHARLES R JR&HARTZ SARA E ANDREWS 20 14779961050000 612 THALIA RD CECIL MCCLELLAN RAWLS&MARJORIE 21 14779859930000 629 DALE DR FROHUCH THOMAS&et al 22 14779867880000 625 DALE DR FIELD ROBERT 23 14779866740000 621 DALE DR BREWSTER THOMAS R 24 14779865420000 617 DALE DR JOHNSON E HOUGH III&JOHNSON KIRBY M 25 14779863380000 613 DALE DR LIVELY ALTON LEE&LIVELY SANDRA NETTLES 26 14779871420000 4200 THALIA DR DAVIDSON RYAN H&DAVIDSON DOROTHY E 27 14779890770040 4132 THALIA DR ZETTLEMOYER DAVID M&ZETTLEMOYER ANNE E 28 14779893170000 613 GREENTREE DR SULLIVAN ALETHEA&SULLIVAN JONATHAN 29 14779884590000 617 GREENTREE DR HENDRIX CHRISTOPHER D&HENDRIX SHERRI L 30 14779886410000 621 GREENTREE DR HAMMOCKTHOMASJR 31 14779887320000 625 GREENTREE DR RICKMAN WAYNE LEE 32 14779888330000 629 GREENTREE DR MARSHALL GEORGE A&MARSHALL SANDRA L 33 14779899130000 633 GREENTREE DR BALZER VERONICA M 34 14779990140000 637 GREENTREE DR MUSOLINO MATTHEW III ETAL 35 14779991340000 641 GREENTREE DR STOPPER MICHAELA&STOPPER LAURA R 36 14779983910000 649 GREENTREE DR CHEUNG CHIMING&PING YIKWAI 37 14779984890000 BCW1 BCW1 0 CHEUNG CHIMING&PING YIKWAI 38 14870915770000 652 GREENTREE DR AUMARD RAMIN&ALIMARD MARI JAMILLE 39 14870933430000 644 GREENTREE DR MICHAEL SMITH KYNETT AND GAIL JOH 40 14870931080000 640 GREENTREE DR KASISKIPETERJ 41 14870920860000 636 GREENTREE DR MADELINE JOSEPHINE CIOLA HUBBARD 42 14870829750000 632 GREENTREE DR ROTH DAVID W&ROTH DORIS JEAN 43 14870828440000 628 GREENTREE DR HUBBARD ARTHUR G&HUBBARD VANESSA K 44 14870827230000 624 GREENTREE DR WALKER BRENDA K 45 14870816700000 616 GREENTREE DR KRUETH BLANEL&KRUETH AUDREY H 46 14870824170000 608 GREENTREE DR HOWLETT DANIEL P&HOWLETT MOLLY) 47 14870834450000 4028 GLEN RD HECHINGER REVOCABLE LIVING TRUST 48 14870845610000 4024 GLEN RD KEZMAN SCOTT W&KEZMAN ANASTASIA P 49 14870856670000 4020 GLEN RD HUBERT DAVIDJ&HUBERTLYNNJ 50 14871817490000 3904 HERON POINT CT KOVACS LESUE A 51 14871829420000 613 LYNN SHORES DR HARTZ CHARLES ROLLAND JR&HARTZ SARA ANDREWS 52 14871920120000 617 LYNN SHORES DR SHOURDS JOHN&SHOURDS CATHRYN R 53 14871911720000 621 LYNN SHORES DR EXUM BRUCE W JR&EXUM MICHELLE L 54 14871912530000 625 LYNN SHORES DR HODGES SUSAN C 55 14870991570000 627 LYNN SHORES DR NOFFSINGER DANIEL L 56 14871913170000 631 LYNN SHORES DR DOUGHERTY MICHAEL F&DOUGHERTY MICHELE C 57 14870994700000 605 W LYNN SHORES CIR RICHARD K MILLER REVOCABLE TRUST 58 14870983330000 609 W LYNN SHORES CIR MARY JOAN RIGHTMIER TALKE TRUST 59 14870974030000 613 W LYNN SHORES CIR AHLQUIST KAREN&AHLQUIST FRANCIS HARTMANN 60 14870965360000 617 W LYNN SHORES CIR KARNS CAROL 61 14870957800000 621 W LYNN SHORES CIR CUTCHINS JAMES A JR&CUTCHINS GALE 62 14870958240000 625 W LYNN SHORES CIR LAHREN SANDRA AUSTIN 63 14880050300000 629 W LYNN SHORES CIR GOETZ ROBERT B&GOETZ VIRGINIA L 64 14880060690000 633 W LYNN SHORES CIR FRANCES S CLARK RT GREGORY S KIRBY REVOCABLE LIVING&TERESA S KIRBY REVOCABLE LIVING 65 14880071680000 637 W LYNN SHORES CIR T 66 14880094130000 657 LYNN SHORES DR SEI VISTAS LLC 67 14881003780000 656 LYNN SHORES DR JULIA P PARKER REVOCABLE TRUST 68 14881011190000 641 E LYNN SHORES CIR SWANSON LIVING TRUST 69 14881022690000 637 E LYNN SHORES CIR SCULLION CAROLYN WILLIAMS&SCULLION WILLIAM J JR Number Of SSD Participants:68 Date Printed 12/4/2018 1151 AM Page 1 of 1 BCW Workbook(2018-11-19)\Attach B Property 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ON bW oNWW O U NNG 3 R 2 BUCHANAN CREEK WEST NEIGHBORHOOD SPECIAL SERVICE DISTRICT PETITION LANDOWNER'S PETITION FOR SPECIAL SERVICE DISTRICT AND RIGHT OF ENTRY FOR RIGHTS TO DREDGE THIS REQUEST ("Petition"), is made this day of , 20 , by Blanc L. Krueth & Audrey H. Krueth legal owner(s) of the property known by the following address: 616 Greentree Drive Virginia Beach, Virginia 23452 (individually or collectively if more than one owner, hereinafter referred to as "Petitioner") Petitioner hereby requests the City Council of the City of Virginia Beach to establish and maintain a special service district ("SSD") in or adjacent to the Western Branch of the Lynnhaven River (also known as Buchanan Creek and Buchannan Cove), to serve waterfront properties within portions of the Thalia Island, Thalia Gardens, Plat No. I Thalia Gardens, Plat No. 2 Thalia Gardens, Thalia Gardens Section 2, Lynn Shores and Kings Grant Section 11 Part 2 neighborhoods (collectively the "Neighborhood") for the collection of an additional real estate tax in such district for the purpose of funding neighborhood dredging, which will improve the navigability of the waterways in the Neighborhood and enhance the public use and enjoyment of and the public safety, convenience and well-being within the service district (the "Project"). The Project boundaries are shown on the map of the Project entitled "Buchanan Creek West Neighborhood Dredging" on file in the Department of Public Works/Engineering Division (Water Resources), as it may be amended (the "Project Service Area"). Petitioner understands that his/her property will be included in such Project Service Area and that the City will only consider the creation of the SSD when current property owners of at least 80%of the parcels in the Project Service Area sign similar petitions. Petitioner understands that there will be an additional real estate tax of 48 cents per $100.00 of the assessed value of all properties in the Project Service Area. The -cent increase is based on calculations using the most up to date information and may be amended prior to the adoption by the City Council of the SSD. The City will notify all landowners of any change in this figure prior to City Council's adoption of the SSD. It is anticipated that City Council will review the Project funding every four (4) years and adjust the additional tax up or down as needed to finance the Project. The GPIN: 1487-08-1670 1 harmless clause and release shall not apply to acts or omissions by the City,its employees or representatives that amount to (i) intentional misconduct, (ii) gross negligence, or (iii) a violation of the required Project permits. LEGAL DESCRIPTION: THALIA GARDENS SEC 1 LOT 39 SOURCE DEED IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE: 2532/1312 PLAT OF RECORD: 27/25 PROPERTY ADDRESS: 616 Greentree Drive,Virginia Beach,Virginia 23452 GPIN NUMBER: 1487-08-1670 I agree to the items set forth in this Petition: LANDOWNER'S SIGNATURE: Name: LANDOWNER'S SIGNATURE: Name: WITNESS SIGNATURE: PRINTED NAME: APPROVED AS TO FORM: ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH CITY ATTORNEY CITY REAL ESTATE AGENT 3 additional real estate tax rate will continue for the duration of the SSD, which is expected to be 16 years. Petitioner further understands that the City will retain sole and exclusive authority over the design and construction of the Project. The Project will be constructed to improve navigation in the Neighborhood,but the City must consider topography,permits, engineering principles, available funds and other factors in designing the Project, and the City cannot guarantee any particular result or dredging depth. Prior to construction, the City will hold a public meeting with the neighborhood residents to explain the Project plans and the likely Project outcomes. After the design is complete, the City will meet with the property owners in the Project Service Area, upon request, to explain how the Project will affect the Petitioner's property. The City will be the applicant for any permits required for dredging of' the Neighborhood channel, and the City will work collaboratively with the Neighborhood to achieve their dredging goals, while at the same time ensuring the Project remains fiscally sound and environmentally compliant. RIGHT OF ENTRY Petitioner for him/herself and his/her successors and assigns, hereby grants to the City and its employees, contractors and representatives full permission to enter and use any areas of the Petitioner's lands (identified below) that are submerged, partially submerged and/or channelward of any bulkhead or shoreline for purposes of accomplishing any dredging performed in connection with the SSD for the Neighborhood and agrees that this Petition may be recorded in the land records of the City of Virginia Beach. Petitioner further agrees to enter into a lease for the areas that are the subject of this right of entry if needed for permitting the Project. To the extent Petitioner has or obtains any interest in an oyster lease in state-owned bottomlands in the Project area, Petitioner also gives consent to dredge through such oyster lease if necessary for the Project. HOLD HARMLESS: The Petitioner acknowledges that the removal of the dredged material, even if properly performed, can cause changes to the shoreline and can affect the stability of piers,bulkheads and other shoreline structures. The Petitioner for him/herself and his/her successors and assigns hereby RELEASES AND HOLDS HARMLESS the City of Virginia Beach, Virginia, its employees and representatives from any loss or damage that may occur to the Petitioner's property identified below, or improvements thereon, by reason of the proper construction of the Project;provided,however,that this hold [Remainder of Page Intentionally left Blank} 2 .40 ra City of NTlra r i a . B eacti qy S Df DUR NAlt° DEPARTMENT OF PUBLIC WORKS MUNICIPAL CENTER (757)3854131 BUILDING NUMBER 2 FAX(757)385-5668 2405 COURTHOUSE DRIVE TTY:711 VIRGINIA BEACH,VA 23056.4031 March 5,2019 «Ownen> «P_MAIL_ADR» City, State«L_MAIL_ZIP» Re: Proposed Buchanan Creek West SSD Dredging Project—Notification Letter Dear«Ownen>: On February 1, 2019, a Petition Package for the proposed Buchanan Creek West SSD Dredging Project was sent out via certified mail to the above referenced name and mailing address. This letter is to notify you that as of March 4, 2019, Public Works-Real Estate's records indicate that you have not received the Petition Package. At your earliest convenience,please provide a response to Mr. David Perry of Public Works-Real Estate by phone at(757) 385-4162 or by email at to let him know what your preferences are on the Petition Package or to make arrangements for alternate delivery of Petition Package. Thank you for your cooperation in this matter. Sincerely, Rommel B. Tamayo,P.E. Coastal Project Manager 8/14/2019 Gmail-Buchanan Creek West-Swanson Document Request Erna H i Eldon Carl Swanson <dncswans@gmail.com> Buchanan Creek West - Swanson Document Request 4 messages Rommel B.Tamayo<RTamayo@vbgov.com> Tue, May 28, 2019 at 2:16 PM To: "dncswans@gmail.com"<dncswans@gmail.com> Mr. Swanson, As you requested, attached are the following: 1. The first notification letter was sent out on February 02, 2019. 2. The second notification letter was sent out on March 5, 2019. 3. Petition tracker as of 2019-05-28. The deadline for receipt of the petition is May 31, 2019. Please let me know if you need anything else...thanks! Rommel B.Tamayo, P.E. Coastal Project Manager City of Virginia Beach Public Works Engineering/Water Resources Phone: 757-385-4511 Fax: 757-385-5668 Email: 3 attachments BCW Petition Package Cover Letter(Sample).pdf 46K -71 BCW Notification Letter(2019-03-05)(Sample).pdf 45K Buchanan Creek West Tracker(2019-05-28).pdf 96K Carl Swanson <dncswans@gmail.com> Tue, May 28, 2019 at 4:26 PM To: "Rommel B. Tamayo" <RTamayo@vbgov.com> • City of Virg n i a 1E3 each 4' f J 0, •4UR Nwo„- 4 DEPARTMENT OF PUBLIC WORKS MUNICIPAL CENTER (757)385.4131 BUILDING NUMBER 2 FAX(757)385-5668 2405 COURTHOUSE DRIVE TTY:711 VIRGINIA BEACH,VA 23456-9031 March 5,2019 «Owner «P_MAIL_ADR» City, State«L MAIL ZIP» Re: Proposed Buchanan Creek West SSD Dredging Project—Notification Letter Dear«Owner: On February 1,2019,a Petition Package for the proposed Buchanan Creek West SSD Dredging Project was sent out via certified mail to the above referenced name and mailing address. This letter is to notify you that as of March 4, 2019, Public Works-Real Estate's records indicate that you have not received the Petition Package. At your earliest convenience,please provide a response to Mr. David Perry of Public Works-Real Estate by phone at(757)385-4162 or by email at to let him know what your preferences are on the Petition Package or to make arrangements for alternate delivery of Petition Package. Thank you for your cooperation in this matter. Sincerely, Rommel B. Tamayo,P.E. Coastal Project Manager ) City of Vir¢i 1I a L• each OUR NASo ^4 DEPARTMENT OF PUBLIC WORKS MUNICIPAL CENTER (757)385d131 BUILDING NUMBER 2 FAX(757)385 66B8 2405 COURTHOUSE DRIVE TTY:711 VIRGINIA BEACH,VA 234569031 «Owner» «P_MAIL_ADR» City, State«L_MAILZIP» Dear«Ownen>: An analysis was conducted to determine the approximate costs and quantity of dredging necessary to establish and maintain the navigational channel system. The results of the analysis have been incorporated into a project report developed for Buchanan Creek West, dated December 7, 2018. The project report outlines the costs, timelines and methods of funding for the project. It further outlines that City participation in this neighborhood dredging project is subject to the establishment of financing of the neighborhood's share of the project through the creation of a special service district. The district would include all waterfront properties that would derive a benefit from the dredged channels, and will only be established with the consent of 80% of the affected land owners. The purpose of this mailing is to address this contingency. Enclosed is a Landowner's Petition for Special Service District and Right of Entry for Rights to Dredge, along with a copy of the project report and attachments. If you concur with the establishment of a special service district over the area depicted on the enclosed map, please carefully review the Petition, have each owner of your property sign their name on the line identified as "Landowner's Signature" and have the signature(s) witnessed by another individual who should sign and print their name on the lines identified as "Witness Signature." Please return the signed Petition to the Department of Public Works, Real Estate Division in the enclosed stamped envelope within 90 days of receipt of this letter. The City of Virginia Beach, Department of Public Works, Water Resources Engineering Division administers this petition phase. I will be the point of contact to answer any questions pertaining to the petition and to provide additional information about the proposed project. I can be contacted at (757)385-4511 or via email at Thank you for your cooperation in this matter. Sincerely, Rommel B. Tamayo,P.E. Coastal Project Manager Enclosures: Project Report,Attachments A,B and C, and Petition , BUCHANAN CREEK WEST SSD PETITION TRACKER (As Of 05-28-19) r1 s e 52 Petitions Out Of 68 Received 76.47% Of The Petitions Have Been Received Signed Petitions GPIN Property Address Property Owner Received *Denotes that Property Owner Received Petition Package By CVB Y 14880162680000 685 THALIA POINT RD HUANG HE & CHEUNG CHIU MEI* Y 14880152740000 681 THALIA POINT RD FARINO LIVING TRUST* Y 14880151600000 675 THALIA POINT RD ALCOREZA OSCAR B &ALCOREZA LENYS M* Y 14880056790000 669 THALIA POINT RD SITA TOPALLI REVOCABLE TRUST* Y 14880044330000 653 THALIA POINT RD FINLEY PAUL A& FINLEY PENNINA G* Y 14880033310000 649 THALIA POINT RD HOLLIS STUART C& HOLLIS FELICIA A* 14880022600000 645 THALIA POINT RD ELERYAN AIMAN* Y 14880011810000 641 THALIA POINT RD JU BU H &JU MI SON* Y 14880000830000 637 THALIA POINT RD GLENN DOUGLAS J & GLENN TIFFANY K* Y 14779999780000 633 THALIA POINT RD DELUTIS JAMES E & DELUTIS SARA A* Y 14779988890000 623 THALIA POINT RD FLAX SCOTT J & FLAX LEAH B* Y 14779977550000 617 THALIA POINT RD ROB AND DEBBIE REASONS LIVING TRU* Y 14779966750000 613 THALIA POINT RD CLARKE FRANKLIN B JR & CLARKE LINDA R* Y 14779965240000 609 THALIA POINT RD HARDING JOHN P III & HARDING SUSAN L* Y 14779954460000 605 THALIA POINT RD MAY DAVID L JR& MAY ANNE E* Y 14779944150000 601 THALIA POINT RD MUGLIA LIVING TRUST* Y 14779943240000 620 THALIA RD CHAMBERS N KENT& CHAMBERS DARLENE C* Y 14779942110000 618 THALIA RD HARTZ CHARLES R JR & HARTZ SARA E ANDREWS* Y 14779961050000 612 THALIA RD CECIL MCCLELLAN RAWLS & MARJORIE* Y 14779859930000 629 DALE DR FROHLICH THOMAS&THOMPSON GEORGIA* 14779867880000 625 DALE DR FIELD ROBERT S* Y 14779866740000 621 DALE DR BREWSTER THOMAS R* Y 14779865420000 617 DALE DR JOHNSON E HOUGH III &JOHNSON KIRBY M* 14779863380000 613 DALE DR LIVELY ALTON LEE& LIVELY SANDRA NETTLES Y 14779871420000 4200 THALIA DR DAVIDSON RYAN H & DAVIDSON DOROTHY E* Y 14779890770000 4132 THALIA DR ZETTLEMOYER DAVID M &ZETTLEMOYER ANNE E* Y 14779893170000 613 GREENTREE DR SULLIVAN ALETHEA&SULLIVAN JONATHAN* 14779884590000 617 GREENTREE DR HENDRIX CHRISTOPHER D& HENDRIX SHERRI L* Y 14779886410000 621 GREENTREE DR HAMMOCK THOMAS JR* 14779887320000 625 GREENTREE DR RICKMAN WAYNE LEE Y 14779888330000 629 GREENTREE DR MARSHALL GEORGE A& MARSHALL SANDRA L* Y 14779899130000 633 GREENTREE DR BALZER VERONICA M* Y 14779990140000 637 GREENTREE DR MUSOLINO MATTHEW III ETAL* Y 14779991340000 641 GREENTREE DR STOPPER MICHAEL A&STOPPER LAURA R* Y 14779983910000 649 GREENTREE DR CHEUNG CHIMING & PING YIKWAI* Y 14779984890000 BCW1 BCW1 CHEUNG CHIMING & PING YIKWAI* Y 14870915770000 652 GREENTREE DR ALIMARD RAMIN &ALIMARD MARI JAMILLE* Y 14870933430000 644 GREENTREE DR MICHAEL SMITH KYNETT AND GAILJOH* Y 14870931080000 640 GREENTREE DR KASISKI PETER J* Y 14870920860000 636 GREENTREE DR MADELINE JOSEPHINE CIOLA HUBBARD* Y 14870829750000 632 GREENTREE DR ROTH DAVID W & ROTH DORIS JEAN* 3 = BUCHANAN CREEK WEST SSD PETITION TRACKER (As Of 05-28-19) it-`'. 52 Petitions Out Of 68 Received 76.47% Of The Petitions Have Been Received Signed Petitions Property Owner GPIN Property Address Received *Denotes that Property Owner Received Petition Package By CVB Y 14870828440000 628 GREENTREE DR ARTHUR G HUBBARD REVOCABLE TRUST&VANESSA K _ HUBBARD REVOCABLE TRUST* 14870827230000 624 GREENTREE DR WALKER BRENDA K* 14870816700000 616 GREENTREE DR KRUETH BLANE L& KRUETH AUDREY H* Y 14870824170000 608 GREENTREE DR HOWLETT DANIEL P & HOWLETT MOLLY J* Y 14870834450000 4028 GLEN RD HECHINGER REVOCABLE LIVING TRUST* Y 14870845610000 4024 GLEN RD KEZMAN SCOTT W& KEZMAN ANASTASIA P* Y 14870856670000 4020 GLEN RD HUBERT DAVID J & HUBERT LYNN J* Y 14871817490000 3904 HERON POINT CT KOVACS LESLIE A* Y 14871829420000 613 LYNN SHORES DR HARTZ CHARLES ROLLAND JR& HARTZ SARA ANDREWS* Y 14871920120000 617 LYNN SHORES DR SHOURDS JOHN & SHOURDS CATHRYN R* Y 14871911720000 621 LYNN SHORES DR EXUM BRUCE W JR& EXUM MICHELLE L* 14871912530000 625 LYNN SHORES DR HODGES SUSAN C* Y 14870991570000 627 LYNN SHORES DR NOFFSINGER DANIEL L* 14871913170000 631 LYNN SHORES DR DOUGHERTY MICHAEL F & DOUGHERTY MICHELE C* 14870994700000 605 W LYNN SHORES CIR RICHARD K MILLER REVOCABLE TRUST* Y 14870983330000 609 W LYNN SHORES CIR MARY JOAN RIGHTMIER TALKE TRUST* Y 14870974030000 613 W LYNN SHORES CIR AHLQUIST KAREN &AHLQUIST FRANCIS HARTMANN* 14870965360000 617 W LYNN SHORES CIR KARNS CAROL* Y 14870957800000 621 W LYNN SHORES CIR CUTCHINS JAMES A JR&CUTCHINS GALE* 14870958240000 625 W LYNN SHORES CIR LAHREN SANDRA AUSTIN* 14880050300000 629 W LYNN SHORES CIR GOETZ ROBERT B& GOETZ VIRGINIA L 14880060690000 633 W LYNN SHORES CIR FRANCES S CLARK RT* GREGORY S KIRBY REVOCABLE LIVING &TERESA S KIRBY Y 14880071680000 637 W LYNN SHORES CIR REVOCABLE LIVING T* Y 14880094130000 657 LYNN SHORES DR SEI VISTAS LLC* Y 14881003780000 656 LYNN SHORES DR JULIA P PARKER REVOCABLE TRUST* 14881011190000 641 E LYNN SHORES CIR SWANSON LIVING TRUST* 14881022690000 637 E LYNN SHORES CIR SCULLION CAROLYN WILLIAMS&SCULLION WILLIAM J JR* Number of SSD Participants: 68 Gt141'•$FAc Nitie t p city of Virg ri a. Beach ,.4Y. ''its 4;, E4 I, OF OUR NAS\0 Vagov.cosn DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MUNICIPAL CENTER (757)385-4131 BUILDING 23 FAX(757)385-5668 2473 N,LANDING RD VIRGINIA BEACH,VIRGINIA 23456 July 03, 2019 BlarieAA idrey Krueth 616 Greentree Dr Virginia Beach, VA 23452-2642 Subject: Thalia Buchanan Creek Dredging Project Dear Mr. and Mrs. Krueth: On February 01, 2019, the Landowner's Petitions for a Special Service District (hereafter referred to as SSD),along with a copy of the project report and attachments were mailed out by certified mail to potential SSD landowners. The petition phase was open for 120 days to determine if 80% of the 68 landowners consented to the implementation of the SSD. The petition deadline was extended to ensure that all property owners had in fact received a copy of the petition documents and had ample time to review them. As of this date only 52(76.47%)of the petition documents have been returned ' and 3 have been withdrawn resulting in a 72.06%approval rate which is far short of the 80%required for the implementation of the SSD. Therefore, the Buchanan Creek West Navigational Dredging SSD is not approved. If further information or assistance is needed, please contact me at 385-4511 or e-mail me at rtamayo@vbgov.com. Sincerely, /1 A immCilt- . Rommel B. Tamayo, P.E. Coastal Project Manager RBT/jlc 8/14/2019 Gmail-Thalia Dredge Petition Update Erna i l Eldon Carl Swanson<dncswans@gmail.com> Thalia Dredge Petition Update 1 message Michelle Exum<thaliadredge@gmail.com> Thu,Aug 21, 2014 at 6:06 PM To:exum2@cox.net Bcc: dncswans@gmail.com Thalia Waterfront Homeowners, The petition phase for the proposed SSD district in now closed. Unfortunately, we only reached 65% as a whole and only 70% in Thalia. The program requires 80% in favor in order to pass the SSD. As stated in my previous email, we were confident of the 80% based on initial surveys done in the three neighborhoods resulting in Thalia at 72%, Kings Grant at 84%and Malibu-Birchwood at 92%giving us an overall 82% in favor. But Kings Grant& Malibu-Birchwood came in 20% or more below its initial projection. We had to go through the process of including all the homeowners beyond the city spur as part of one district as required by City Council. Now that that district has failed we would like to propose separate more manageable districts to Councilman Jim Wood and the City. So all hope is not lost just delayed. You will get a notice in the mail from the City of Virginia Beach informing you that the petition phase is over for that proposed district. We will keep you informed as to our progress. Keep in mind throughout the next process that EVERY vote really counts! Thalia was only 10 votes short of passing at 80%. Really a shame after all of the time and effort to come that close to establishing a much needed dredge maintenance project in our great Thalia neighborhood. But we will keep trying. Regards, Michelle Exum John Shourds Thalia Dregge Committee 33 CITY COUNCIL COMMENTS ITEM#69499 (Continued) Mayor Dyer advised he has asked Amanda Barnes, City Clerk, to schedule phone interviews for Council Members to prioritize Retreat topics with Mr.Martin—Retreat Facilitator. August 20, 2019 34 CITY COUNCIL COMMENTS ITEM#69500 (Continued) Mayor Dyer advised beginning September 1, 2019, the Beacon will no longer advertise the City Council Agenda for free. Mrs. Barnes advised the Beacon will now charge for each advertisement which is usually a half-page advertisement and costs approximately$3,000.00 each. Mrs. Barnes advised she spoke to the City Clerk in Chesapeake and confirmed their City Council will provide a short informational advertisement directing citizens to their City website to view the Agenda. Mark Stiles, City Attorney, advised historically the Agenda items have been published at no cost in the Beacon. There are certain items that have legally mandated public hearing notice requirements, those have always been paid for and will continue to be published and paid for. There is no legal requirement for the Agenda items to be published, it only has to be posted on the City's website, the City Clerk's Office and posted on the City's Message Board. Mr. Stiles advised an advertisement can be placed in the Beacon informing citizens to go to the City's website to view the Agenda or City Council can get the word out to citizens to go to the City's website without running an advertisement. Mr. Stiles requested direction from City Council on how they would like to proceed. Council Member Henley suggested the Princess Anne Independent News may be an option to advertise the Agenda. Council Member Moss suggested to run an advertisement in the Beacon informing citizens the City is transitioning to a new process of providing the Agenda and include the resources where they can view it. Mrs. Barnes advised she maintains an email distribution list and currently emails the brief Agenda to citizens who have requested to be added to the list. Vice Mayor Wood suggested to run the half-page Agenda advertisement in the Beacon again, with a transitional notification and provide two (2) options for citizens to view the Agenda in the future by providing the link to the City website and requirements to receiving the Agenda through email. Mrs. Barnes advised she can include the link to the Agenda on the website when emailing the brief Agenda. Mr. Stiles clarified the process;there will be an advertisement in the Beacon for two City Council Meetings in September with the notice of the transition and the two (2) options for viewing the Agenda in the future. August 20, 2019 35 CITY COUNCIL COMMENTS ITEM#69501 (Continued) Council Member Tower advised the Resort Area Strategic Action Plan(RESAP)public hearing will be held August 22, 2019,from 6-8:00 P.M, at the Convention Center. Council Member Tower invited anyone interested to attend. August 20, 2019 36 AGENDA REVIEW SESSION ITEM#69502 4:47 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 10-1 of the City Code to Change the Polling location re Central Absentee Voting to 577 Central Drive 2. Ordinance to ADD Section 7-58.1 and to AMEND Section 7-59.1 of the City Code re limit the operation of motorized scooters in certain areas and upon certain streets (requested by Mayor Dyer, Vice Mayor Wood and Council Members Jones and Wilson) 3. Resolutions to SUPPORT the City's applications for funding from the Virginia Department of Transportation (VDOT)for FY 2020-21 and FY 2021-22: a. Transportation Alternatives Set-Aside Program re pedestrian and bicycle path enhancements b. Revenue Share Program re three (3)Roadways Capital Improvement Program Projects 4. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services 5. Ordinances re Compensation to City Council Appointees effective July 1, 2019: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 6. Ordinance to APPROPRIATE$1,667,976 in Fund Balance and TRANSFER $142,240 from the Public Utilities Regular Reserve re relocation of staff 7. Ordinances to ACCEPT and APPROPRIATE: a. $3-Million from the Virginia Department of Criminal Justice Services to the Office of Emergency Management re victim services related to May 31 event b. $1-Million from the Virginia Department of Transportation (VDOT) State of Good Repair/ Primary Extension Program to Capital Project 2-026 Street Reconstruction II re road paving projects c. $1,104,721 in Federal Pass-Through Surplus and$276,180 in State Surplus from the Virginia Department of Transportation (VDOT)Highway Infrastructure Program to Capital Project 2-049 Centerville Turnpike Phase II and TRANSFER $1,380,901 to Capital Project 2-110 Nimmo Parkway Phase VII-B August 20, 2019 37 AGENDA REVIEW SESSION ITEM#69502 (Continued) ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3a WILL BE CONSIDERED SEPARATELY ITEM#3b WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5a WILL BE CONSIDERED SEPARATELY ITEM#5b WILL BE CONSIDERED SEPARATELY ITEM#5c WILL BE CONSIDERED SEPARATELY ITEM#5d WILL BE CONSIDERED SEPARATELY ITEM#5e WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7a WILL BE CONSIDERED SEPARATELY ITEM#7b WILL BE CONSIDERED SEPARATELY August 20, 2019 38 AGENDA REVIEW SESSION ITEM#69502 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. TOWN CENTER ASSOCIATES 9, LLC for a Special Exemption of Alternative Compliance re multi-tenant blade sign at 4556 Commerce Street DISTRICT 4—BAYSIDE 2. ANINA BUDIG/WEBLIN PROPERTIES,LLC for a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 Planned Unit (R-10 Overlay) re 15 residential units at 5588 Moores Pond Road DISTRICT 4—BAYSIDE(Deferred from June 4, 2019) APPLICANT REQUESTS WITHDRAWAL 3. PRINCESS ANNE HOTEL,LLC/CITY OF VIRGINIA BEACH for a Modification of Proffers at the Northeast intersection of Princess Anne Road& Community College Place DISTRICT 1 — CENTERVILLE(Approved April 16, 2019) 4. DAVID W. & KIMBERLYB.LEE for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 617 South Atlantic Avenue DISTRICT 6—BEACH 5. JOHN E. & JENNIFER K.ALEX for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 536 Vanderbilt Avenue DISTRICT 6—BEACH 6. Ordinance to ADD Section 223.02 and AMEND Section 501 of the City Zoning Ordinance (CZO) re Assembly Uses in Residential Zoning Districts 7. DRAYBUN SAJO, LLC for a Conditional Use Permit re assembly use at 5592 Sajo Farm Road DISTRICT 2—KEMPSVILLE APPLICANT REQUESTS INDEFINITE DEFERRAL 8. KI KENNELS, LLC/KAREN BRUMLEY POOL for a Conditional Use Permit re commercial kennel at 6444 Knotts Island Road DISTRICT 7—PRINCESS ANNE ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY August 20, 2019 39 ITEM#69503 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Holloway, Latasha and Georgia Allen v. City of Virginia Beach et al PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees • Performance of Council Appointees August 20, 2019 40 ITEM#69503 (Continued) Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 4:50 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Break 4:50 P.M. —5:02 P.M. Closed Session 5:02 P.M. —6:04 P.M. August 20, 2019 41 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 20,2019 6:04 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, August 20, 2019, at 6:04 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Dr. B. Theron Williams, Presiding Bishop Churches in One Accord and Kingdom Reign Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. August 20, 2019 42 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identib,any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015, is hereby made a part of the record. August 20, 2019 43 ITEM— V-E CERTIFICATION ITEM#69504 Upon motion by Council Member Wilson, seconded by Council Member Abbott, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 0.14 A•BE,4c 1 J 9 0F OUR NPt,O+ RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#69503 Page 40 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. A da arne , MMC City Clerk August 20, 2019 44 ITEM-V.F MINUTES ITEM#69505 Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of August 6,2019 • Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 45 ITEM— V.G. MAYOR'S PRESENTATION ITEM#69506 RECOGNITION OF KING NEPTUNE XLVI,ROBERT A. BROERMANN and HIS COURT Mayor Dyer welcomed Celebration Chairman Pat Shuler. Mr. Shuler expressed his appreciation, on behalf of the Neptune Festival Organization,for the support the City continues to provide. This year is the forty- sixth King Neptune and Court, who not only represent the Neptune Festival, but are also great ambassadors of the City of Virginia Beach. Mr. Shuler presented KING NEPTUNE XLVI and HIS COURT: KING NEPTUNE XLVI ROBERT A. BROERMANN and LADY RENEE 2019 ROYAL COURT TRITONS PRINCESSES Adam M. Carroll Sarah Bimson Anthony J. DiSilvestro Jaliyah Branch Thomas B. Foster* Lindsey Branch Graham G. Herbert* Caroline Dixon James R. Kibler, Jr. Katherine Harriman Frederick J. Napolitano III Catherine Hobbs William D. Russell Lindsay Locke Louis J. Schager,Jr. Maura Nacey Demetria Malbon Jacquelyn Sabol Halle Speight Mayor Dyer welcomed the Royal Court. King Broermann thanked the Mayor and City Council for their recognition and stated it is truly an honor to be representing the City in this role. King Broermann recognized the Tritons as today's leaders in the City, one of the finest collections he has gotten to know by the way they have contributed to the business community, various charities and the social fabric at large. King Broermann recognized the Princesses as the future leaders who have already accomplished so much and advised the City's future is in good hands. King Broermann acknowledged this has been a difficult year for the City but he is committed to working hard to continue to prove why this is one of the best cities in the world to work, live and play. Mayor Dyer wished King Broermann and His Court great success during his reign and thanked everyone for their representation. *Not in attendance August 20, 2019 46 ITEM— VH.1 PUBLIC HEARING ITEM#69507 Mayor Dyer DECLARED a PUBLIC HEARING.• EXCHANGE OF EXCESS CITY PROPERTY Residual of the Site at 1416 Kempsville Road The following registered to speak: Conrad Schesventer, 811 Dudley Road,Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING August 20, 2019 47 ITEM— V.H.2 PUBLIC HEARING ITEM#69508 Mayor Dyer DECLARED a PUBLIC HEARING: POLLING PLACE CHANGE Central Absentee Voter Precinct at Municipal Center to 577 Central Drive The following registered to speak: Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING August 20, 2019 48 ITEM— V.H.3 PUBLIC HEARING ITEM#69509 Mayor Dyer DECLARED a PUBLIC HEARING: TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM Application to VDOT-Pedestrian and Bicycle Enhancements The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING August 20, 2019 49 ITEM— V.I FORMAL SESSION AGENDA ITEM#69510 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items J: Ordinances/Resolutions 7c and Planning Items K:4, 5, and 8 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R. Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None J. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3a WILL BE CONSIDERED SEPARATELY ITEM#3b WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5a WILL BE CONSIDERED SEPARATELY ITEM#5b WILL BE CONSIDERED SEPARATELY ITEM#5c WILL BE CONSIDERED SEPARATELY ITEM#5d WILL BE CONSIDERED SEPARATELY ITEM#5e WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7a WILL BE CONSIDERED SEPARATELY ITEM#7b WILL BE CONSIDERED SEPARATELY K.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY August 20, 2019 50 ITEM— V.J.1 ORDINANCES/RESOLUTIONS ITEM#69511 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 478-0901, spoke in OPPOSITION Al Ablowich, Chairman of the Electoral Board,provided state law polling location requirements Upon motion by Council Member Abbott,seconded by Council Member Wilson, City Council DEFERRED TO SEPTEMBER 3, 2019, Ordinance to AMEND Section 10-1 of the City Code to Change the Polling location re Central Absentee Voting to 577 Central Drive Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 51 ITEM— V.J.2 ORDINANCES/RESOLUTIONS ITEM#69512 The following registered to speak Demetrio Marchione, Phone: 270-7799, spoke in OPPOSITION Craig Hensen, 1825 Garden Drive, Phone: 377-5270, spoke in OPPOSITION Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in OPPOSITION Virginia Wasserberg, 4412 Sanibel Circle#101, Phone: 963-8679, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in SUPPORT Andrew Jackson, 153 Upperville Road, Phone: 478-0901, spoke in SUPPORT Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Ordinance to ADD Section 7-58.1 and to AMEND Section 7-59.1 of the City Code re limit the operation of motorized scooters in certain areas and upon certain streets (requested by Mayor Dyer, Vice Mayor Wood and Council Members Jones and Wilson) Voting: 6-5 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott, Michael F. Berlucchi, John D. Moss, Aaron R. Rouse, and Guy K. Tower, Council Members Absent: None August 20, 2019 REQUESTED BY MAYOR DYER, VICE-MAYOR WOOD, AND COUNCILMEMBERS JONES AND WILSON 1 AN ORDINANCE TO ADD SECTION 7-58.1 AND TO 2 AMEND SECTION 7-59.1 OF THE CITY CODE TO LIMIT 3 THE OPERATION OF MOTORIZED SCOOTERS IN 4 CERTAIN AREAS AND UPON CERTAIN STREETS 5 6 Section Added: 7-58.1 7 Section Amended: 7-59.1 8 9 WHEREAS, the City Council has received multiple reports from citizens, 10 business owners, and local physicians that motorized scooters are directly responsible 11 for multiple skeletal factures and head injuries; 12 13 WHEREAS, the City Council has received reports that local businesses are 14 hampered and the orderly movement of pedestrians is disrupted by the operation of 15 motorized scooters upon sidewalks and the discarding of such scooters upon the 16 sidewalk and other rights-of-way; 17 18 WHEREAS, the City Council desires to address activities that are hazardous to 19 the health and well-being of its citizens and visitors; 20 21 WHEREAS, the City Council believes targeted geographical restrictions upon the 22 operation of motorized scooters prioritizes the movement of pedestrians and bicycles in 23 a densely-populated area where the citizens and visitors are most likely to traverse by 24 foot or bicycle; 25 26 WHEREAS, the City Council believes the limitations upon motorized scooters 27 upon streets with speed limits in excess of 25 miles per hour will avoid the most horrific 28 and possibly deadly of injuries associated with the operation of motorized scooters. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 The City Code of the City of Virginia Beach is hereby amended and reordained to add 34 Section 7-58.1 and to amend Section 7-59 to read as follows: 35 36 Sec. 7-58.1. — Motorized Scooters 37 38 a. In addition to all other regulations set forth by this Article, it shall be 39 unlawful for any person to operate a motorized scooter in the area 40 bounded by the east side of Arctic Avenue on the west, the Atlantic Ocean 41 on the east, Rudee Loop to the south, and the north side of 42nd Street to 42 the north. 43 44 b. It shall be unlawful for any person to operate a motorized scooter upon 45 any street with a speed limit in excess of 25 miles per hour. 46 47 . . . . 48 49 Sec. 7-59.1. - Regulations pertaining to riding wheeled devices or vehicles in the 50 resort area. 51 52 (a) During the resort season, it shall be unlawful for any person to ride an 53 electric personal assistive mobility device, electric power-assisted 54 bicycle, moped, or motorized skateboard or motorized scooter on 55 Atlantic Avenue. 56 57 (b) Notwithstanding the prior subsection, motorized scooters may be 58 operated nn 4he 4rolley lanes of Atlantic Avo 59 60 (c) It shall be unlawful at any time for any person to ride on any sidewalk in 61 the resort area an all-terrain vehicle, a bicycle, electric power-assisted 62 bicycle, electric personal assistive mobility device, motorized 63 skateboard, motorized scooter, skateboard, scooter, or any pedal- 64 powered vehicle that is muscle-powered or any muscle-powered device. 65 However, the use of roller blades and roller skates is permitted. A 66 violation of this sub-section shall be punished by a civil penalty of not 67 more than fifty dollars ($50.00). 68 69 (d) It shall be unlawful at any time to operate an electric powered utility cart 70 on Atlantic Avenue or upon the sidewalks along Atlantic Avenue. An 71 electric powered utility cart may be operated on any sidewalk in the 72 resort area other than Atlantic Avenue and may cross Atlantic Avenue 73 for the purpose of accessing the boardwalk or beach. Adopted by the Council of the City of Virginia Beach, Virginia this20th day of August , 2019. APPROVED AS TO LEGAL SUFFICIENCY: ce of the City Attorney CA14822 R-1 August 14, 2019 52 ITEM— V.J.3a ORDINANCES/RESOLUTIONS ITEM#69513 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Resolution to SUPPORT the City's applications for funding from the Virginia Department of Transportation (VDOT)for FY 2020-21 and FY 2021-22: a. Transportation Alternatives Set-Aside Program re pedestrian and bicycle path enhancements Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer,Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 1 A RESOLUTION TO SUPPORT THE CITY 2 APPLICATIONS FOR FUNDING FROM THE 3 VIRGINIA DEPARTMENT OF TRANSPORTATION'S 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM FOR FY 2020-2021 AND FY 2021-2022 6 7 WHEREAS, the City of Virginia Beach is an eligible sponsor to submit 8 applications through the Virginia Department of Transportation for funding from the 9 Transportation Alternatives Set-Aside Program; 10 11 WHEREAS, the City can request up to 80% of a project's cost in federal pass- 12 through funding, up to $2 million per project per application cycle, and must provide the 13 remaining 20% local match for each project; 14 15 WHEREAS, the City intends to exceed the 20% local match for each project; and 16 17 WHEREAS, the City's has identified five high-priority projects as candidates for 18 this funding; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 1. The City of Virginia Beach City Council hereby supports Transportation 24 Alternatives Set-Aside Program applications for the following projects: 25 a. Bay Colony Drive Sidewalk — Phase I 26 b. Independence Boulevard I Columbus Street Pedestrian Improvements 27 c. Indian River Sidewalk 28 d. Parliament Drive Sidewalk — Phase I; and 29 e. Sandbridge Road Sidewalk 30 31 2. Federal funds totaling 69% of each project's costs is requested from the 32 Transportation Alternatives Set-Aside Program for each of these five projects, and the 33 local share per project will be 31% of each project's costs. The total federal funds 34 requested through this application is $3,744,807. 35 36 3. The City hereby commits, subject to appropriation by the City Council, to 37 fund its local share of preliminary engineering, right-of-way and construction, as 38 applicable, of the projects under agreement with the Virginia Department of 39 Transportation in accordance with the project financial documents. 40 41 4. The City Manager is hereby authorized to execute on behalf of the City of 42 Virginia Beach all necessary project agreements for project development and 43 construction. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 20thday of 46 August , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: QA 03k) Budget and Management Services C. ttorne 's Office CA14814 R-1 August 2, 2019 53 ITEM— V.J.3b ORDINANCES/RESOLUTIONS ITEM#69514 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Resolution to SUPPORT the City's applications for funding from the Virginia Department of Transportation (VDOT)for FY 2020-21 and FY 2021-22: b. Revenue Share Program re three(3)Roadways Capital Improvement Program Projects Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATIONS FOR THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION'S REVENUE SHARING PROGRAM 4 FOR FY 2020-21 and FY 2021-22 5 6 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 7 Revenue Sharing Program funding from the Virginia Department of Transportation to 8 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 9 for immediately needed improvements or to supplement funds for existing projects on 10 the highway system in a given locality; 11 12 WHEREAS, according to the policy of the Commonwealth Transportation Board, 13 as amended in July 2017 and December 2018, the City of Virginia Beach is eligible to 14 submit applications for up to $5,000,000 per fiscal year through the Virginia Department 15 of Transportation Revenue Sharing Program; 16 17 WHEREAS, each application cycle is on a biennial basis, and therefore this 18 application would provide funds from the Commonwealth in Fiscal Years 2020-21 and in 19 Fiscal Year 2021-22; 20 21 WHEREAS, the Revenue Sharing Program operates on a dollar for dollar 22 matching basis, whereby every dollar received from the Commonwealth must be 23 matched by a dollar in local funds; and 24 25 WHEREAS, the City's highest priority improvements for participation in the 26 Revenue Sharing Program are Sandbridge Road — Nimmo Parkway Phase VII-A (CIP # 27 2-078), Shore Drive Corridor Improvements — Phase IV (CIP # 2-118), and Elbow Road 28 Extended Phase II-D (CIP # 2-153). 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA, THAT: 32 33 1 . The City Council hereby supports the application of Sandbridge Road — 34 Nimmo Parkway Phase VII-A (CIP #2-078), Shore Drive Corridor 35 Improvements — Phase IV (CIP #2-118), and Elbow Road Extended Phase II- 36 D (CIP #2-153) to the Virginia Department of Transportation for the 37 participation in the Virginia Department of Transportation Revenue Sharing 38 Program. 39 40 2. The City Council authorizes the application for $5 million in FY 2020-2021 41 Revenue Sharing Program funds for Sandbridge Road — Nimmo Parkway 42 Phase VII-A. 43 44 3. The City Council authorizes the application for $5 million in FY 2021-2022 45 Revenue Sharing Program funds, which funds shall be allocated with: $4 46 million for Sandbridge Road — Nimmo Parkway Phase VII-A; $500,000 for 47 Shore Drive Corridor Improvements — Phase IV; and $500,000 for Elbow 48 Road Extended Phase II-D. 49 50 4. The required matching funds will be provided from the allocation of local 51 funding existing within these projects in the City's Capital Improvement 52 Program. 53 54 5. The City Manager is hereby authorized to execute on behalf of the City of 55 Virginia Beach all necessary project agreements for project development and 56 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of August , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 DO;IA-)et Budget and Management Services ey' Office CA14815 R-1 August 2, 2019 54 ITEM— V.J.4 ORDINANCES/RESOLUTIONS ITEM#69515 The following registered to speak Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Upon motion Council Member Moss, seconded by Council Member Wooten, City Council ADOPTED Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, and Sabrina D. Wooten Council Members Absent: Vice Mayor James L. Wood—stepped out during vote August 20, 2019 1 A RESOLUTION APPROVING A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA TO PROVIDE FUNDING 3 FOR MENTAL HEALTH, DEVELOPMENTAL, AND 4 SUBSTANCE USE DISORDER SERVICES PROVIDED BY 5 THE COMMUNITY SERVICES BOARD 6 7 WHEREAS, the Virginia Department of Behavioral Health and Developmental 8 Services provides funding for mental health, developmental, and substance use disorder 9 services through a performance contract with local Community Services Boards; 10 11 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 12 Virginia mandated minimum local match share for these services; and 13 14 WHEREAS, the Virginia Beach Community Service Board, during its August 15, 15 2019 meeting, approved the performance contract with the Commonwealth of Virginia; 16 17 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA: 19 20 That the City Council of Virginia Beach hereby approves the Fiscal Year 2019-20 21 performance contract with the Commonwealth of Virginia, a summary is attached hereto as 22 Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of August , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - r _ 1r7/ udget and nagement Services City tt y's Office CA14813 R-2 August 14, 2019 55 ITEM— V.J.5a ORDINANCES/RESOLUTIONS ITEM#69516 The following registered to speak: Michelle Rilee, 3675 Breeze Road, Phone: 805-0605, spoke in OPPOSITION Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Reid Greenmun, 3675 Breeze Road, Phone: 615-4533, spoke in OPPOSITION Joe Belec, 605 Barberton Drive, Phone: 348-5543, spoke in OPPOSITION Markus Gohring, 2992 Shore Drive, Phone: 672-5444, spoke in OPPOSITION Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council DEFERRED TO SEPTEMBER 3, 2019, Ordinance re Compensation to City Council Appointees effective July 1, 2019: a. City Manager Voting: 8-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott John D. Moss Aaron R. Rouse Council Members Absent: None August 20, 2019 56 ITEM— V.J.5b ORDINANCES/RESOLUTIONS ITEM#69517 The following registered to speak: Reid Greenmun, 3675 Breeze Road, Phone: 615-4533, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Vice Mayor Wilson, City Council DEFERRED TO SEPTEMBER 3, 2019, Ordinance re Compensation to City Council Appointees effective July 1, 2019: b. City Attorney Voting: 8-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P.Abbott John D. Moss Aaron R. Rouse Council Members Absent: None August 20, 2019 57 ITEM— V.J.5c ORDINANCES/RESOLUTIONS ITEM#69518 The following registered to speak: Virginia Wasserberg, 4412 Sanibel Circle#101, Phone: 963-8679, spoke in SUPPORT Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in SUPPORT Upon motion by Council Member Jones, seconded by Vice Mayor Wooten, City Council DEFERRED TO SEPTEMBER 3, 2019, Ordinance re Compensation to City Council Appointees effective July 1, 2019: c. City Clerk Voting: 8-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P.Abbott John D. Moss Aaron R. Rouse Council Members Absent: None August 20, 2019 58 ITEM— V.J.5d ORDINANCES/RESOLUTIONS ITEM#69519 The following registered to speak: Barbara Messner, P. O. Box 514, declined to speak Upon motion by Council Member Jones, seconded by Vice Mayor Wilson, City Council DEFERRED TO SEPTEMBER 3, 2019, Ordinance re Compensation to City Council Appointees effective July 1, 2019: d. City Real Estate Assessor Voting: 8-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P.Abbott John D. Moss Aaron R. Rouse Council Members Absent: None August 20, 2019 59 ITEM— V.J.5e ORDINANCES/RESOLUTIONS ITEM#69520 The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in SUPPORT Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council DEFERRED TO SEPTEMBER 3, 2019, Ordinance re Compensation to City Council Appointees effective July 1, 2019: e. City Auditor Voting: 8-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P.Abbott John D. Moss Aaron R. Rouse Council Members Absent: None August 20, 2019 60 ITEM— V.J.6 ORDINANCES/RESOLUTIONS ITEM#69521 The following registered to speak: Virginia Wasserberg, 4412 Sanibel Circle#101, Phone: 963-8679, spoke in OPPOSITION Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED Ordinance to APPROPRL4TE $1,667,976 in Fund Balance and TRANSFER $142,240 from the Public Utilities Regular Reserve re relocation of staff Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 1 AN ORDINANCE TO APPROPRIATE $1,667,976 IN FUND 2 BALANCE AND TRANSFER $142,240 FROM THE PUBLIC 3 UTILITIES REGULAR RESERVE FOR EXPENSES 4 RELATED TO THE RELOCATION OF STAFF 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 THAT: 8 9 1. $1,448,406 in General Fund Fund Balance is hereby appropriated, with revenues 10 increased accordingly, to Capital Improvement Project #3-149 "Various Buildings 11 Rehab and Renewal IV"; and 12 13 2. $219,570 in General Fund Fund Balance is hereby appropriated, with revenues 14 increased accordingly, to the Non-Departmental Operating budget for computer 15 replacements; and 16 17 3. $142,240 from the Public Utilities Regular Reserve is hereby transferred to the 18 Non-Departmental Operating budget for computer replacements. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of August , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci o n y's Office CA14821 R-2 August 12, 2019 61 ITEM— V.J.7a ORDINANCES/RESOLUTIONS ITEM#69522 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE: a. $3-Million from the Virginia Department of Criminal Justice Services to the Office of Emergency Management re victim services related to May 31 event Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $3,000,000 FROM THE VIRGINIA DEPARTMENT OF 3 CRIMINAL JUSTICE SERVICES TO THE OFFICE OF 4 EMERGENCY MANAGEMENT FOR VICTIM SERVICES 5 RELATED TO THE MAY 31 EVENT 6 7 WHEREAS, the Federal Government, via Victims of Crime Act has made funds 8 available to support the City's recovery and support as a result of the May 31, 2019 event, 9 10 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That $3,000,000 in federal pass-through revenue via the Virginia Department of 14 Criminal Justice Services, is hereby accepted and appropriated, with estimated federal 15 revenue increased accordingly, to the FY 2019-20 Operating Budget of the Office of 16 Emergency Management for costs related to the establishment of a long-term recovery 17 center and associated support services for direct and indirect victims of the May 31, 2019 18 event. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of August 2019. APPROVED AS TO CONTEN : APPROVED AS TO LEGAL SUFFICIENCY: 0:1")(a Budget and Management Services i y Attorney's 0 ice CA14820 R-1 August 7, 2019 62 ITEM— VJ.7b ORDINANCES/RESOLUTIONS ITEM#69523 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE: b. $1-Million from the Virginia Department of Transportation (VDOT)State of Good Repair/Primary Extension Program to Capital Project 2-026 Street Reconstruction II re road paving projects Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION STATE OF GOOD REPAIR/ PRIMARY 4 EXTENSION PROGRAM TO CAPITAL PROJECT 2-026, 5 "STREET RECONSTRUCTION II," FOR ROAD PAVING 6 PROJECTS 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA THAT: 10 11 1 . $1,000,000 is hereby accepted from the Virginia Department of 12 Transportation and appropriated, with revenues from the Commonwealth increased 13 accordingly, to CIP # 2-026, "Street Reconstruction II," for the paving of Atlantic Avenue 14 Northbound and Southbound lanes between 66th Street and 80th Street, Shore Drive 15 Eastbound lane between Greenwell Road and Marlin Bay Drive, and Virginia Beach 16 Boulevard Westbound lanes between North Lynnhaven Road and Little Neck Road. 17 18 2. The Council acknowledges that local funds necessary to complete the 19 balance of this paving project are available from existing appropriations in CIP # 2-026. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of August 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r a Budget and anagement Services City Attorney's Office CA14817 R-1 August 2, 2019 63 ITEM— V.J.7c ORDINANCES/RESOLUTIONS ITEM#69524 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $1,104,721 in Federal Pass-Through Surplus and$276,180 in State Surplus from the Virginia Department of Transportation (VDOT)Highway Infrastructure Program to Capital Project 2-049 Centerville Turnpike Phase II and TRANSFER$1,380,901 to Capital Project 2-110 Nimmo Parkway Phase VII-B Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION'S HIGHWAY INFRASTRUCTURE 4 PROGRAM TO CAPITAL PROJECT 2-049, "CENTERVILLE 5 TURNPIKE PHASE II" AND TRANSFER $1,380,901 FROM 6 CAPITAL PROJECT 2-049 TO CAPITAL PROJECT 2-110, 7 "NIMMO PARKWAY PHASE VII-B" 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1 . That $1,104,721 in federal pass-through surplus Highway Infrastructure 13 Program revenue is hereby accepted from the Virginia Department of Transportation and 14 appropriated, with federal revenues increased accordingly, to CIP # 2-049, "Centerville 15 Turnpike Phase II." 16 17 2. That $276,180 in state surplus Highway Infrastructure Program revenue is 18 hereby accepted from the Virginia Department of Transportation and appropriated, with 19 revenue from the Commonwealth increased accordingly, to CIP # 2-049, "Centerville 20 Turnpike Phase II." 21 22 3. That$1,380,901 in local funds are transferred from CIP#2-049, "Centerville 23 Turnpike Phase II" to CIP # 2-110, "Nimmo Parkway Phase VII-B." Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of August 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: °/'113Q B1) 11 Budget and Management Services City Attorney's Office CA14816 R-1 August 2, 2019 64 ITEM—V-K.1 PLANNING ITEM#6952 5 The following registered to speak: Carter Ward, 222 Central Park Avenue, Phone: 366-4000, represented Applicant Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS CONDITIONED, Application of TOWN CENTER ASSOCIATES 9, LLC for a Special Exemption of Alternative Compliance re multi-tenant blade sign at 4556 Commerce Street DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TOWN CENTER ASSOCIATES 9, LLC for a Special Exemption of Alternative Compliance re multi-tenant blade sign at 4556 Commerce Street(GPIN 1477541429)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The blade sign shall substantially conform to the submitted exhibit entitled "Premier Apartments Wayfinding Signs, Sign Permit Drawings Rev. L Final"dated May 30, 2019, and prepared by Advanced Design. 2. The words "Public Terrace"or other name as determined by the Town Center Advisory Board shall be added as a separate listing on the sign, either above or in place of"Use Stair." 3. In order to accommodate the additional listing for "Public Terrace,"the size of the sign may be increased up to twelve (12)square feet per face. 4. The sign shall be placed at a pedestrian-oriented height while maintaining a minimum vertical clearance of eight feet. 5. The sign shall not exceed twelve (12)square feet in size and shall not extend more than three (3)feet from the building. 6. The bracket used to attach the sign will be finished in a manner to make it blend in as much as possible with the existing stone color so that it will not stand out when installed. August 20, 2019 65 ITEM—V-K.l PLANNING ITEM#69525 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20t day ofAugust Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 j GAM1a1ua3 Um01 1 f r aaoC.3oc: ---,\ — 3I a ,Z ! o It 1 ,°��' to i N 715 2 Q ..i- CN CD ilihk._ .. — . � ° ago '`, UpafO ❑ ❑ ❑ ❑ ❑ ❑ ❑ na ❑ f` ' enueny lied ie11ue3 y 0 i \-1 __\ v r ., ". ,, li \ 7,.., ,._, a, 1-15 J - 2 i ''',,, a) ---'-ug-,-I r' I 5 „,,Iil \i .c7 tC)) o i ''s E II ;aaa;S l in 7a)1aeVI ea4S ;e W -iea.J;s a)fielN o YN , f 1 _, if--1:---,,,\ y w i bc) ]( n / 0 r—fi C.) .,. 0 Pi I. in rn° w CO I 0 ma Ti . . `---il; I: E L4r-I t re, a' r 0 3 la .0 Q m o, cry C 0 1 . 1[i Cn N .C2 a 1. _r 1 1 16 66 ITEM—V-K2 PLANNING ITEM#69526 The following registered to speak: Clay Dius, 1432 North Great Neck Road, Phone: 496-4926, represented the Applicant in SUPPORT of Withdrawal Joey Moore, 544 Princess Anne Road, Phone: 621-3803, spoke in OPPOSITION Bradley Smith, 2632 North Nansemond Drive, Phone: 773-9013, spoke in OPPOSITION Patty Dunton, 5372 Weblin Farm Road, Phone: 724-1024, spoke in OPPOSITION Anita Downs, 5369 Weblin Farm Road, spoke in OPPOSITION Judith Moore, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council, DENIED Application ofANINA BUDIG/WEBLIN PROPERTIES,LLC for a Conditional Change ofZonin.from R-10 Residential to Conditional PD-H2 Planned Unit (R-10 Overlay) re 15 residential units at 5588 Moores Pond Road DISTRICT 4—BAYSIDE(Deferred from June 4, 2019) Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 67 ITEM—V-K.3 PLANNING ITEM#69527 The following registered to speak Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Wooten,seconded by Council Member Moss, City Council,APPROVED/ MODIFIED,AS PROFFERED,Application of PRINCESSANNEHOTEL,LLC/CITY OF VIRGINIA BEACH for a Modification of Proffers at the Northeast intersection of Princess Anne Road&Community College Place DISTRICT 1 —CENTERVILLE(Approved April 16, 2019) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PRINCESS ANNE HOTEL,LLC/CITY OF VIRGINIA BEACH for a Modification of Proffers at the Northeast intersection of Princess Anne Road & Community College Place (GPINs 1485349414, 1485442154) DISTRICT 1 —CENTERVILLE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of August Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 Er]�__,V L �- W N. \ I M u_ . v Di w I o o O Q o1111111 0 o ? 0 0 c[i J r , „ _ _J i, 1:5 cTS Ce as a / / J N a Q .il � .. \ Q V CD t sy a) " o a) t . N. , •° 0 1,11 C Qo Ai as 0 ,A to m Lm C C.) v Via. '_ NI ' ' , C4/1,44 8 " E '— , \ i / • / rfr? 1 It Hr \L \ \ CI:1/ i - II• • 1 ......Li , „/ .4) tail 2- . -- ); a , icy r--._,_ , , 7 0 lit N lat ICI t i / ,.,_o '' s a 1 'fr L.,* N I `c"" , * /‘ ligi ' Tr_- -= r. T N y N / \ ' 1•• ?- 1 v 2) ? : ■: J ,a2I IY \ W 1 00 68 ITEM—V-K.4 PLANNING ITEM#69528 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED, AS CONDITIONED,BY CONSENT,Application of DAVID W. &KIMBERLYB.LEE for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 617 South Atlantic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DAVID W. &KIMBERLYB.LEE for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 617 South Atlantic Avenue (GPIN 2426395548)DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verb that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one(1) year of the City Council approval, said approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20h day of August Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 1 ORDINANCE APPROVING APPLICATION OF 2 DAVID W. LEE AND KIMBERLY B. LEE FOR THE 3 CLOSURE OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE REAR OF 5 617 S. ATLANTIC AVENUE IN CROATAN 6 7 WHEREAS, David W. Lee and Kimberly B. Lee (the "Applicants") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "7.5' x 50' portion of alley to be closed", shown 27 as the hatched area on that certain exhibit plat entitled: 28 "EXHIBIT SHOWING PORTION OF 15' ALLEY ADJACENT 29 TO LOT 20, BLOCK 22, CROATAN BEACH TO BE 30 CLOSED VIRGINIA BEACH, VIRGINIA MAY 3, 2019 FOR: 31 DAVID WILLIAM & KIMBERLY BETH LEE", prepared DKT 32 Associates Land Surveyors, a copy of which is attached 33 hereto as Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy Regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN:2426-39-5548) 47 2. The Applicants shall resubdivide the property and vacate internal lot lines 48 to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must 49 be submitted and approved for recordation prior to final street closure approval. Said 50 plat must include the dedication of a public drainage easement over the Right-of-Way to 51 the City of Virginia Beach, subject to the approval of the Department of Public Works 52 and the City Attorney's office, which easement shall include a right of reasonable 53 ingress and egress. 54 55 3. The Applicants shall verify that no private utilities exist within the Right-of- 56 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 57 company must be provided. 58 59 4. Closure of the Right-of-Way shall be contingent upon compliance with the 60 above stated conditions within 365 days of approval by City Council. If the conditions 61 noted above are not accomplished and the final plat is not approved within one year of 62 the City Council approval, said approval shall be considered null and void. 63 64 SECTION III 65 66 1. If the preceding conditions are not fulfilled on or before August 19, 2020, 67 this Ordinance will be deemed null and void without further action by the City Council. 68 69 2. If all conditions are met on or before August 19, 2020, the date of final 70 closure is the date the street closure ordinance is recorded by the City Attorney. 71 72 3. In the event the City of Virginia Beach has any interest in the underlying 73 fee, the City Manager or his designee is authorized to execute whatever documents, if 74 any, that may be requested to convey such interest, provided said documents are 75 approved by the City Attorney's Office. 76 77 SECTION IV 78 79 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 80 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 81 VIRGINIA BEACH as "Grantor" and DAVID W. LEE and KIMBERLY B. LEE, collectively 82 as "Grantee". 83 84 Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day 85 of August , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: taaA, W14/11-itn"). Planning D partmefit City Attorney CA14650 e bgov.com'.dfs I applications'.citylaw,cycom32\wpdocs\d005\p033\00581828.doc R-1 August 8, 2019 EXHIBIT A 1. The land boundary survey shown hereon Is based on a current field survey performed on June 27,2017 and in combination with the plat(s) and/or deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this survey,If any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted. Godfrey Grier GPIN.2426-39-4545 _ice 7 8A 9 M.B.24.P.37 i M.B.291,P.98 i M.B.24,P.37 7.5'Alley lnstr.#20081201001369240 (Undeveloped) 7.5'x 50'portion of alley to be closed _ 15'Alley (Undeveloped) N 12°18'45"W 50.00' Vitali Servutas 20 James&Patricia Baker GPIN.2426-39-5563 M.B.24,P.37 GPIN.2426-39-5633 David&Kimberly Lee GPIN.2426-39-5548 ci 19A W 21 M.B.24,P,37 Instr.#20081201001369240 a n A N Z Pin(F) Pin(F) \200.00'to S 12°18'45"E 50.00' Twilight Ln. S. ATLANTIC AVENUE (50') formerly Chautauqua Avenue M.B.24 P.37 Exhibit showing PORTION OF 15'ALLEY ADJACENT TO LOT 20,BLOCK 22,CROATAN BEACH DKTAssociates TO BE CLOSED LAND SURVEYORS Virginia Beach,Virginia May 3,2019 For: David William&Kimberly Beth Lee 1100 Granby Street Job No: 18992 Scale: 1"= 20' Suite 100 FB: NIA Size: B.5 x 14 Norfolk,VA 23510 Drawn: JH Revised: DKTAssoclates.com Tel (757)588-5888 Check: DT Sheet: 1 of 1 69 ITEM—V-K 5 PLANNING ITEM#69529 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS CONDITIONED,BY CONSENT,Application of JOHN E. &JENNIFER K.ALEX for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 536 Vanderbilt Avenue DISTRICT 6 —BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOHN E. & JENNIFER K.ALEX for a Street Closure re one-half of an unimproved, unnamed alley adjacent to the rear of 536 Vanderbilt Avenue (GPIN 2426394360)DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of August Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 1 ORDINANCE APPROVING APPLICATION OF 2 JOHN E. ALEX AND JENNIFER K. ALEX FOR THE 3 CLOSURE OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE REAR OF 5 536 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, John E. Alex and Jennifer K. Alex (the "Applicants") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "INDICATES PORTION OF ALLEY TO BE 27 CLOSED (375 S.F/0.009 AC.)", shown as the hatched area 28 on that certain exhibit plat entitled: "EXHIBIT SHOWING 29 PORTION OF 15' ALLEY ADJACENT TO LOT 3, BLOCK 30 22, CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 31 VIRGINIA BEACH, VIRGINIA", dated December 17, 2018, 32 revised through April 9, 2019, prepared Stephen I. Boone & 33 Associates, P.C. Land Surveyors, a copy of which is 34 attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 Pursuant to Street Closures," approved by City Council. 45 46 No GPIN (Public Right-of-Way) 47 (Adjacent GPIN:2426-39-4360) 48 2. The Applicants shall resubdivide the property and vacate internal lot lines 49 to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must 50 be submitted and approved for recordation prior to final street closure approval. Said 51 plat must include the dedication of a public drainage easement over the Right-of-Way to 52 the City of Virginia Beach, subject to the approval of the Department of Public Works 53 and the City Attorney's office, which easement shall include a right of reasonable 54 ingress and egress. 55 56 3. The Applicants shall verify that no private utilities exist within the Right-of- 57 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 58 company must be provided. 59 60 4. Closure of the Right-of-Way shall be contingent upon compliance with the 61 above stated conditions within 365 days of approval by City Council. If the conditions 62 noted above are not accomplished and the final plat is not approved within one year of 63 the City Council approval, said approval shall be considered null and void. 64 65 SECTION III 66 67 1. If the preceding conditions are not fulfilled on or before August 19, 2020, 68 this Ordinance will be deemed null and void without further action by the City Council. 69 70 2. If all conditions are met on or before August 19, 2020, the date of final 71 closure is the date the street closure ordinance is recorded by the City Attorney. 72 73 3. In the event the City of Virginia Beach has any interest in the underlying 74 fee, the City Manager or his designee is authorized to execute whatever documents, if 75 any, that may be requested to convey such interest, provided said documents are 76 approved by the City Attorney's Office. 77 78 SECTION IV 79 80 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 81 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 82 VIRGINIA BEACH as "Grantor" and JOHN E. ALEX and JENNIFER K. ALEX, 83 collectively as "Grantee". 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day 86 of August , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ( ,&0 kAa't 0/1447401/11 Planning Diepartrhent City Attorne CA14646 \\vbgov.com\dfs l'applications\citylaw\cycom32\wpdocs\d005\p033\00581828.doc R-1 August 8, 2019 EXHIBIT A NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY JERRY L. WILL BRAD E. SCHWARTZ ELIZABETH ANNE GREGORY KATHERINE M. WILL REVOCABLE LIVING TRUST ` I.N. 20171101000938260 I.N. 20140106000015180 I I.N. 20180305000180480 I BEING BEING BEING LOT 16 I LOT 15-A I LOT 14 M.B. 24 P. 37 M.B. 24 P. 37 I.N. 200404D20052495(PLAT) GPIN: 2426-39-6228 GPIN: 2426-39-5388 I GPIN: 2426-39-5393 I — — 15' ALLEY S 04'14'15" E m 15' ALLEY (M.B. 24 P. 37) eo 50.00' o� (M.B. 24 P. 37) i — EXISTING R/W LINE TO BE VACATED UPON R/W CLOSURE - J <C I- 0 NOW OR FORMERLY o JOHN E. ALEX NOW OR FORMERLY ^ DONALD G. REICH ID JENNIFER K. ALEX LINDA SUE DEW I.N. 20180612000477500 o - I.N. 20181031000899270 ,� D.B. 3739 P. 2034-2035 BEING o 0 BEING 0 o BEING 0 LOT 4 o LOT 3 o LOT 2 ..�Q� M.B. 24 P. 37 w o M.B. 24 P. 37 0 M.B. 24 P. 37 0 a to GPIN: 2426-39-4396 -In GPIN: 2426-39-4360 I_n GPIN: 2426-39-5226 z st 4 0°_ 'ct f2 QU N 1.L in 00 00 Z J EP EP Z U) < w Q '-' Er 0_ ON � PIN(F) 50.00' PIN(F) 150.00' 0 e N 04'14'15" W VANDERBIILT AVENUE (80' R/W) (FORMERLY LY PACIFIC AVENUE) LEGEND 4�ALTH 0? L EXHIBIT SHOWING INDICATES PORTION p+ j,�, PORTION OF N OF ALLEY TO BE j CLOSED �/; 15' ALLEY (375 S.F./0.009 AC.) c) DAVID W. DAIL ADJACENT TO LOT 3 Lic.No.2871 BLOCK 22 44. CROATAN BEACH e 12-17-18 'gyp M.B. 24 P. 37 � b S1J TO BE CLOSED VIRGINIA BEACH, VIRGINIA STEPHEN I. BOONE & ASSOCIATES, P.C. LAND SURVEYORS SHEET 1 OF 1 SCALE: 1" = 20' 326 LONDON STREET, PORTSMOUTH, VIRGINIA, 23704 DATE: DECEMBER 17, 2018 JOB NO. 18-107 (757)393-6809 REVISED: APRIL 9, 2019 G:\18\18-107 street dosure.dwg,5;29/2019 1:17:35 PM,1:20,13 70 ITEM—V-K.6 PLANNING ITEM#69530 The following registered to speak: Bonita Barger, 5577 Botanical Drive, Phone: 301-802-0479, spoke in OPPOSITION Debra Partington, 5573 Botanical Drive, Phone: 650-6900, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Eddie Bourdon,Attorney, 281 Independence Boulevard, Phone: 499-8971, spoke in SUPPORT of deferral Upon motion by Council Member Henley,seconded by Council Member Wilson, City Council DEFERRED INDEFINITELY Ordinance to ADD Section 223.02 and AMEND Section 501 of the City Zoning Ordinance (CZO)re Assembly Uses in Residential Zoning Districts Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 71 ITEM—V-K.7 PLANNING ITEM#69531 The following registered to speak: Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT Ann Crenshaw, 2102 Parks Avenue#700, Phone: 491-4044, spoke in SUPPORT Bonita Barger, 5577 Botanical Drive, Phone: 301-802-0479, spoke in OPPOSITION William J. Griggs, Jr., 1336 Front Street, Phone: 871-3890, spoke in OPPOSITION Edward Evard, 5428 Paperwhite Lane, Phone: 718-4120, spoke in OPPOSITION Debra Partington, 5573 Botanical Drive, Phone: 650-6900, spoke in OPPOSITION Upon motion by Council Member Abbott, seconded by Council Member Moss, City Council, DEFERRED INDEFINITELY Application of DRAYBUN SAJO,LLC for a Conditional Use Permit re assembly use at 5592 Sajo Farm Road DISTRICT 2—KEMPSVILLE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 72 ITEM—V-K.8 PLANNING ITEM#69532 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS CONDITIONED, BY CONSENT, Application ofKl KENNELS, LLC/KAREN BRUMLEY POOL for a Conditional Use Permit re commercial kennel at 6444 Knotts Island Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KI KENNELS,LLC/KARENBRUMLEYPOOL for a Conditional Use Permit re commercial kennel at 6444 Knotts Island Road (GPIN 2337815635)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. In addition to up to four(4) of the owner's dogs, there shall be no more than eight(8) dogs for the commercial kennel kept on the property at any time. 2. The dog kennel structure, outdoor dog area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. The dog kennel structure shall be located no closer than twenty-two (22)feet from a property line as depicted on the exhibit on page 5 of this report. This location is a deviation to the one hundred (100)-foot setback required by the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of August Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 /® —--—- i 1 ._. a> a) u_ O M 1 O tD IO 1.\4141s; 1---- _ 'i I N,„,, ,'N''"4 I 4 .t 0 0: /7/ _▪ ! C t0 ( op N N No I a) c 1 A — Y 7 ,z, 4 ,41,.. .i,/ i) 1 co s:,:_,..._._ iN,,,,,0 a} f _ ______:___,„ Q a c o s J N"'. 0 C c , C a, c co e 4 LL • N 6a 73 ITEM V-L. APPOINTMENTS ITEM#69533 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD August 20, 2019 74 ITEM V-L. APPOINTMENTS ITEM#69534 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: DIANE HORSELY Four year term 10/1/19—9/30/23 AGRICULTURAL ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer,Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 75 ITEM V-L. APPOINTMENTS ITEM#69535 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CAROLINE DIXON RACHEL McGRAW (Students) One year term 8/20/19— 7/31/20 HISTORIC PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer,Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 76 ITEM V-L. APPOINTMENTS ITEM#69536 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ROBERT H.HOFHEIMER,JR. Unexpired term thru 8/31/20 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 77 ITEM V-L. APPOINTMENTS ITEM#69537 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: BRANDON HUTCHINS Unexpired term thru 12/31/19 Plus four year term 1/1/20—12/31/23 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting.• 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None August 20, 2019 78 ITEM V-L. OLD BUSINESS ITEM#69538 Council Member Berlucchi advised he heard from several people after the last meeting who had trouble hearing and requested, on their behalf,for audio/sound improvements to be made to the Council Chamber. Council Member Berlucchi advised people take time out of their lives and family to voice their opinions and should be able to hear the meeting and is of the utmost importance to fix. Mr. Hansen advised he will ensure it is corrected. Council Member Abbott advised the closed captioning system needs to be looked at as well. August 20, 2019 79 ADJOURNMENT ITEM#69539 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 9:30 P.M. Terra . e aus Chief Deputy City Clerk A a a n ,MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia August 20, 2019