HomeMy WebLinkAboutOCTOBER 1, 2019 FORMAL SESSION MINUTES «+�^'BEa'As+4y
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 1, 2019
Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFINGS in in the City Council
Conference Room, Tuesday, October 1, 2019, at 2:00 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
2
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITi)
AFTER-ACTION REPORT AND 2020 KICK-OFF
ITEM#69620
2:00 P.M.
Mayor Dyer welcomed Brian Solis, Assistant to Acting City Manager for Special Events. Mr. Solis
expressed his appreciation to City Council for their continued support:
Inaugural 2019 Something in the Water Festival
After Action Report Overview
Brian S.Solis,AICP
Assistant to the City Manager—Special Projects
October 1,2019
City Council Briefing
c
It
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t
0.
c -
Pharrell Williams announced concept of
Something in the Water Festival on 10/28/18
sga-- ,_
'3 Viz ,
--- < ,,_ 18/19,,25,000ticketssoldoutin21minutes
-, ;—_a_ „ - >_
r 3/27/19-Festival capacity increased to 35,000 tickets
_ Sold out for a final time on 3/27/19,one month ahead of the Festival
Friday,4/26/19 main stage performances cancelled due to inclement weather
(ticket purchasers refunded 33%of ticket price)
Saturday,4/27/19 main stage area peak scanned attendance in 34,700 range
Sunday,4/28/19 main stage area peak scanned attendance in 27,000 range
October 1, 2019
3
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITW)
AFTER ACTION REPORT AND 2020 KICK-OFF
ITEM#69620
(Continued)
Here is the footprint of the Festival:
_ 5.St.Stage Pop Up Church @ 20'^St.on the
` - Friday 2 pm-11 pm(cancelled) Beach
--� `. Saturday Noon—11 pm(12:30 am) Sunday only Noon to 9.00 pm
Sunday Noon—10 pro 10:15 pm)
Sony @ 19.St.and Pacific Ave.
Convention Center-Separate detail Friday 2 pm—11 pm
Saturday Noon 11 pm
Adidas @ 24'^St.Park Sunday Noon 8 pm
Friday 9 am 7:30 pm
(closed periodically due to weather) Timberland @ 17r^St.and Pacific
Saturday 9 am—7:30 pm Ave.
Friday Noon—11 pm
Array @ 31^St.Park Saturday 2pm—11 pm
(moved to MOCA due Sunday 2 pm—11 pm
to inclement weather)
Movie Screening
1• "'(;lW Friday only?pm—11 pm
3
Here is the Festival map:
'•, Cam',` M
--- --- ----
,,„--;76.
- ^
2019 d _ ;WI.
FESTIVAL
MAP g
•—
sue:-_
4h4Q •sir
4
MADE POSSIBLE BY: VIedZOfl' a, SONY /13Virginia Beach
October 1, 2019
4
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITJV
AFTER ACTION REPORT AND 2020 KICK-OFF
ITEM#69620
(Continued)
Here is an overview of the SITW Festival Milestones and Activities:
Something in the Water Festival Milestones and Activities
10/28/19 Mr.Williams announced concept of Festival to be held during the CBW
11/13/18 Initial City Council briefing to proceed with Festival
3/5/19 City Council authorized$250,000 and in-kind services sponsorship
3/8/19 25,000 tickets sold in 21 minutes;patron capacity increased to 35,000 tickets
3/27/19 Tickets sold out a final time one month ahead of Festival date
3/25/19 5th Street—Rudee Loop Special Event applications for permits routed
3/27/19 All other Festival activations and Special Event applications for permits routed
3/28/19 30-days out briefing on status of Festival support
4/1/19 Initial Food and Beverage Vendor applications submitted for Health Department's
review/approval
4/8/19 Joint City and Festival Team conduct citizen information meeting at Virginia Beach
Convention Center
4/19/19 Special Event permits issued for main activations and Festival began full build-out of
activation areas(early right of entry granted 4/17/19 for preliminary stage preparation)
4/22/19 Festival load-in began at the Virginia Beach Convention Center
4/25/19 Festival Events
• Seatack Achievable Dream Academy
• Urban Garden and Super Heroic Children's Event
• Zeiders American Dream Theater-XQ Super-School Live
4/26—28/19 Festival main activations
4/29/19 Festival load-out began at Virginia Beach Convention Center
4/29-5/3/19 Festival break-down,clean up and roll-out
Here are twenty-five of the Corporate and Non-Profit Sponsors/Partners:
Corporate and Non-Profit Sponsors / Partners
BACARDI A IB�.
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COX C.
1131
1110 SE PEP HERv CDC D Uber Eats
October 1, 2019
5
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITi9
AFTER-ACTION REPORT AND 2020 KICK-OFF
ITEM#69620
(Continued)
The next two (2)slides show the line-up of events;Friday's concerts were cancelled due to inclement
weather:
FRIDAY LINE-UP SATURDAY LINE-UP SUNDAY LINE-UP 44
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Friday,4/26/19 music concerts cancelled due to inclement weather
• Dave Matthews Band,Diplo,Janelle Monae,UI Uzi Vert,Masego,Maggie Rogers,Migos,Pharrell&Friends—Gwen Stefan!,N.E.R.D.,Usher,Missy
Elliot,Timbaland,Fam-lay(Some combined with Saturday night Pharrell&Friends Set),Radiant Children(moved to Saturday)
_ FRIDAY, APRIL 26TH C7) ., - 1, (— SATURDAY, APRIL 27TH
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October 1, 2019
6
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SIT[)
AFTER-ACTION REPORT AND 2020 KICK-OFF
ITEM#69620
(Continued)
The next few slides provide an overview of the City Permitting and Special Event Management:
City Permitting and Special Event Management
Planning Subgroups for Special Event Applications Review and Permitting
• Safety/Security =_
Purpose: Develop and implement safety - .
and security plans;establish chains of comr w
t+a� _
evenmand and communication trees for the ,
� �.t.
`p it ~fir
• Deliverable: Emergency Response Plan
•
• Transportation
m
Purpose: Develop and implement safe and s •11 . om
efficient access and transportation plans to,
from and within the Resort area. i Z
• Deliverable: Traffic Control Pla
City Permitting and Special Event Management
Planning Subgroups for Special Event Applications Review and Permitting
• Facilities Support
• Purpose: Provide information
on locations,capacities,and r .14116
processes for utilizing facilities
and utilities to support the
event.
• Communications Plan = +a�
• Purpose: Develop concise,
informative and consistent --
communications prior to and
during event.
October 1, 2019
7
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITi9
AFTER-ACTION REPORT AND 2020 KICK-OFF
ITEM#69620
(Continued)
Multi-pronged Event Management Plan
• City Oceanfront Second Precinct Command -
- ' ,;,
with SITW presence seamless communications ._�
• Rudee Loop Festival Operations Branch with _ '"."- Iliit -f-
City presence - , -
• Included Festival call center hotline to - --4 -
address Festival patron and 1A,.
resident/business inquiries ..,, �
Y
• Emergency Operations Center open with 1
regional, state and Federal agency 1pr 4
representation , .S! t r
- Included Joint Information Center operations _
• Traffic Management Center open to monitor t _
traffic,and adjust signals,throughout the City, # - ___ .M
especially Resort area and Princess Anne a .. li Commons Area.
Here are the results of the Immediate Post Festival Text Poll:
2019 Something in the Water Festival
Immediate Post Festival Text Poll to All Who Signed Up for SITW Alert
Poo Question:1104.was)'Out MA to Sofnetning in toe water 2019% 7
Pell Duratron:Apr 29 2019 05 59 05 PM Apr 29 2019 1159 05.Pi.
a 1-Waste of money V
■2
■3 , 3: t Y
,1 4 ' 0.9% f
0 2 \
\ 30% - -
■▪9
i1 10-Aweso.r,e ' 7.3 Y it .i&-.
•
10-Awesome 7.9% V,1.
30C% "{t i ..
Out of the 9,114 patrons who received the poll,1,611,or approximately 18%,responded. Of the respondents,
80%ranked the Festival at a"10"with close to 95%ranking it at an"8"or higher.
October 1, 2019
8
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITTI9
AFTER ACTION REPORT AND 2020 KICK-OFF
ITEM#69620
(Continued)
Here is an overview of SITW After Action External Stakeholder Feedback—Meetings and Interviews:
SITW After Action External Stakeholder
Feedback — Meetings and Interviews
• Virginia Beach Hotel Association(VBHA)—Meeting held April 29,2019
• Human Rights Commission(HRC)—Meeting held May 9,2019
• Atlantic Avenue Association(AAA)—Meeting held May 17,2019+AAA '++
Online Survey
• Resort Advisory Commission(RAC)Feedback Letter—Meeting held May
20,2019
• Business Association and Civic League Festival After Action Focus Group— i Sy
Meeting held June 6,2019
L� �y
• Human Rights Commission Independent Observers—Meeting held May 30 Nit. L
2019
• Virginia Beach Vision,Oceanfront Task Force—Meeting held June 24,2019
• 401 Oceanside Condominium(residences closest to main stage)—Interview
with Management on June 17,2019
• Dolphin Run Condominium(residences closest to main stage)—Interview
with Management on June 20,2019
Here is "What Went Well: The Top 5 positive items", received from a variety of external stakeholder
groups, including residential civic organizations, business associations, condominium management, and
City Council-appointed commissions:
What Went Well: The Top 5 positive items
1) Community Harmony Achieved
Harmonious atmosphere(theme and activations)brought people together from all demographics.
2) Top Tier Talent Performances and Corporate Partnerships
Musical acts,speaker panels,and corporate sponsored activations were top level;programs
professionally produced in highly impactful format.
3) Traffic Management Plan Worked
Transportation system and traffic management was effective.
4) Friendly-face of Public Safety
Public Safety presence of all branches, including mutual aid from state and federal agencies,was friendly
and helpful.
5) Some of the Best Things in Life Are Free
Free program activities and experiences appreciated and important in welcoming visitors and residents.
October 1, 2019
9
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITN9
AFTER ACTION REPORT AND 2020 KICK-OFF
ITEM#69620
(Continued)
Here is, "Top 5 Items Stakeholders Recommend be Improved:
Top 5 Items Stakeholders Recommend be
Improved are:
Non-Resort Area
Internal Stakeholders Resort Area Residents& businesses,visitors and
Businesses citizens
1. Communication 1. Involve Resort Area Stakeholders 1. Develop Local Talent
Sooner and More in Festival Planning
Detailed
2. Local Presence Needed to
2. Distribute Festival Programming Represent the Festival
2. Consistency in (and impacts)over Wider Area
Permitting Process
3. Start Planning Earlier
3. Highlight Local Businesses Communication Sooner
3. Consolidation of Event and More Detailed
Management
4. Communication Sooner and
More Details 4. Communicate Early,Often
4. Parking and with Details
S. Better Management of Peak
5. Transportation Egress 5. Improving Transportation
System
Mayor Dyer expressed his appreciation to Mr. Solis for the presentation.
October 1, 2019
10
CITY MANA GER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITN9
EXPENSES AUDIT RESULTS
ITEM#69621
2:20 P.M.
Mayor Dyer welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to City
Council for their continued support:
Results of A re . Upon
Procedures for the 2019
OFFICE OF THE CITY
AUDITOR
Lyndon Remias
October 1,2019
City Council Briefing
. i is /t,....,.. .__.. _ `L.__ :_._+—
This slide shows the expenses which were not included in the initial report:
Review of the methodology and support of
City's accounting and compilation of in-
kind expenses related to the 2019 Inaugural
Something in the Water Festival
We identified the following exceptions:
Salary Costs 1 Overtime Cost Bus Seosticesst
$78,725 $11,303 $128,912
411101.0
-` 2
October 1, 2019
11
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITN9
EXPENSES AUDIT RESULTS
ITEM#69621
(Continued)
The City contributed$1.1-Million for the SITW Festival:
ETkr
WAVE it
City Sponsorship and Support Costs
Sponsorship 5250.000 S0 S250 000
In-Kind Services
Personnel Costs S789,325 (567.422) 6721 903
Operating Expenses S112.526 S0 S112526
Veen-School Buses 5128.912 (S128.912) SO
HRT-Trolley Shuttles S26.086 426 086
Event Total $1 306 849 (5196 334) SI 110 515
3
Here is a breakdown of the Operating Expenses by Category:
gvatel
OPERATING 52868625
EXPENSES BY
CATEGORY
5 62,927 72
Original Total
$112,526
57.682.00.
■ ■
4
October 1, 2019
12
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITT 9
EXPENSES AUDIT RESULTS
ITEM#69621
(Continued)
Here are the recommendations:
400
Many of the Management Should:
feedback
suggestions • Establish detailed written guidelines
provided could lead relating to authorizing,approving and
to efficiencies and capturing/allocating costs associated
with large special events.The guidelines
a reduction in the should be distributed to the departments
support services along with the shared program code for
necessary to host a the event.
successful, large • Incorporate best practices/and or lessons
scale events, learned from the inaugural Festival for
future Festivals and events,when
0 practical.
0
C
5
ISO
0111
4110
THANK YOU
To read a full copy of our
report visit our website at
www.vbgov.com/cityauditor
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111)
Mayor Dyer expressed his appreciation to Mr. Remias for the presentation.
October 1, 2019
13
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITIO
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
2:31 P.M.
Mayor Dyer welcomed Dr. Vinod Agarwal, Old Dominion University. Dr. Agarwal expressed his
appreciation to City Council for their continued support:
OLD DOMINION '� ;<' i
UNIVERSITY 10
Something in the Water, 2019:
Survey Findings and Economic •
Impact of SITW ,T
Dr. Vinod Agarwal
Professor of Economics
Strome College of Business �.
Old Dominion University , ��,
vagarwal@odu.edu tif
October 1, 2019 41
City Council Briefing
Appreciation
I/RU1S( \ItN FOR7tl �,p
11ll poi.lcr G1
(tl) - i�
OLD DOMINION UNIVERSITY .1
Strome College oF Business �9tm e�° I'ASTE OF INDIA
eF OUR NAT\ems .
2
October 1, 2019
14
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITW
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
V
Something in the
41
Ir Water:
A First Look
A total of 6,949 visitor surveys were used to provide an analysis for the SITW Festival:
Visitor Surveys for the SITW Festival
Paper Intercept Surveys 2,004
QR Code Surveys 730
Email Surveys 5,349
Total Surveys 8,083
Discarded Surveys 1,134
Surveys Used 6,949
Surveys with responses on all categories of 5,692
expenditures
October 1, 2019
15
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITT9
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
The next several slides provide a breakdown of demographic responses:
Distribution of SITW Visitors by Residence
.23%
■Virginia Beach
■Other Hampton Roads
43% ■Non Hampton Roads
34%
Number of total respondents is 6,949.
Distribution of Visitors from Hampton Roads by
Selected Cities and Counties
4.4% 2.0% 1.2% ■Any County in Hampton Roads
•Williamsburg
8.5% `-
14 2% Chesapeake
Suffolk
8.2% 4.5%
•Virginia Beach
■Norfolk
14.7%
■Newport News
42.3% ■Hampton
■Portsmouth
Number of respondents stating they are from Hampton Roads is 3,951.However,132 respondents could not be assigned a city or county on the bask of tip Lodes.
October 1, 2019
16
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITH9
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
Distribution of Visitors by Type of Lodging
2.3%
•Hotel/Motel
■Campground
Friends/Family
Airbnb or Similar
•Apartment/Condo
■At Home
21.5% 2.7% ■Other*
•Number of respondents is 6,640.109 respondent visitors did not answer thz question.
includes respondents staying at bed&breakfast l9),boat(4),and timeshare(67)
86.8%of respondents surveyed indicated they are "extremely likely"to return if the Festival is held next
year in the City:
Likelihood of Return if the Festival is Held Next Year
in Virginia Beach
100%
90% - 86.8%
80% -
70% -
60% -
50% -
40% -
30% -
20% -
10.3%
10% - 2.4%
111111
0.6%
0%
Extremely likely Quite Likely Slightly Likely Not Likely
Numberof respondents is 6,919.Only 10 respondents did not answer this question.
October 1, 2019
17
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITT19
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
Distribution of Visitors by Race/Ethnicity
Other 6.6%
Hispanic 8.8%
Asian 4.29'
African American
61.1%
Number of respondents is 6.]39.Only 190 respondents did not answer this question.
Distribution of Visitors by Gender
Other 0.5%
Male
33.6%
Female
65.9%
Number of respondents is 6,749.Only 20D respondent did not answerthu Question.
10
October 1, 2019
18
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITiP
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
Economic
�o'"ET"jam, Impact on
1,000414. 1/v Virginia Beach
Here are comments relating to the methods used for the Expenditures and Economic Impact Analysis:
Comments on Expenditures and Economic
Impact Analysis
Out of Area Visitors: Their spending is included in the
calculation of indirect and induced Impacts.
• Local Visitors: Spending of only those visitors (who would go
outside the area to a similar festival) is included in the
calculation of indirect and induced Impacts. (Repatriation)
Local Visitors: Spending of those visitors (who would not go out
side the area to a similar festival) is included ONLY in the
calculation of direct impacts. (Substitution)
In general, smaller areas for any event have larger
expenditures originating from out of area; but indirect and
induced Impacts are small as leakages can be significant.
October 1, 2019
19
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITH9
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
Economic Impact Analysis for Virginia Beach
Ronald D Berkebile,Analytical Team Lead,SGA Office
Vinod Agarwal,PhD,Old Dominion University
The SITW proforma analysis is consistent with the previous resort event proforma analyses:
Event Analytical History
City of Virginia Beach
City of
Something in the Water
Virginia Beach Rofoiu2a Analysis
Resort Event Proforma
Analysis Proforma
• ® Format
III
iswer
February 1.2019 AWN 26—28,2019
as Dean...ary,.aw.nm,y
c®ee-Cndsma Ga`sm.
". .as.... w.ras010 ouw.sm Lose,
kd4UI *Car-.n.%sa Su06,.
October 1, 2019
20
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITTI9
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
This slide provides a breakdown of visitor and resident spending for the SITW Festival:
Visitor Spending in Virginia Beach
Something in the Water Festival
Attendee Tax and Gratullusive Spending Impact
Lodging F&B Entertainment Other Total
Visitor Ticket Holders $3,224,246 $1,836,626 $6,661,827 $1,579,717 $13,302,416
Virginia Beach Ticket Holders 281,411 431,866 1,979,714 357,033 3,050,024
All Ticket Holders $3,505,658 $2,268,491 $8,641,541 $1,936,750 $16,352,440
Sources 5r7W Visitor Surveys and Old Dominion University
Something in the Water Festival
Business Establishment Patronage Impact
Lodging F&B Entertainment Other Direct Total
Visitor Ticket Holders $2,152,817 $1,511,635 $6,048,021 $1,490,305 $11,202,777
Virginia Beach Ticket Holders 241,915 355,447 1,796,401 336,825 2,730,589
All Ticket Holders $2,394,732 $1,867,082 $7,844,422 $1,827,130 $13,933,366
Sources CVB PCDSGA Office ord Old Dominion University
Mans Bah uoIntut n.eenee Page 11 and Page 12
Residents accounted for 20%of all spending whereas, visitors accounted for more than half of
entertainment spending.'
Economic Impact of Visitor Spending
in Virginia Beach
Something in the Water Festival
Economic Impact
Direct Indirect Induced Total
Visitor Ticket Holders $11,202,777 $3,757,944 $3,255,262 $18,215,983
Virginia Beach Ticket Holders 2,730,589 437,218 376,288 3,544,094
All Ticket Holders $13,933,366 $4,195,162 $3,631,549 $21,760,078
Sources:CVB PCD SGA Office and Old Dominion University
Something in the Water Festival
Total Fiscal Impact(Taxes)
Direct Indirect Induced Total
Visitor Ticket Holders $898,983 $17,944 $30,025 $946,953
Virginia Beach Ticket Holders 237,183 1,853 3,345 242,382
All Ticket Holders $1,136,166 $19,798 $33,370 $1,189,334
Sources:CVB PCD SGA Office and Old Dominion University
o.,.w...1.w.Inthe Report.n Page 14 and Page 15
October 1, 2019
21
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITT9
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
Here is an overview of the City's Expenditures for the SITW Festival:
City of Virginia Beach Expenditures for the
SITW Festival
Police Department $452,866
Convention And Visitors Development' $268,501
Fire Department $101,254
Public Works $96,025
Sheriff's Office $84,985
HRT-Trolleys $26,086
Emergency Medical Services $17,432
Emergency Communications and Citizen Services $15,153
All Others(each category is less than$15,000);8 categories $48,213
Total Expenditures $1,110,515
Historical College Beach Weekend Expenditures $259,139
Something in the Water Net Cost $851,376
Source:an of Virginia Beach.Re1.r evadable kthe Report Page 17.•Includes$ o,00/orsponsorship M the thy 17
Here is an overview of City's Tax Revenues and Expenses:
City's Tax Revenues and Expenses
Something in the Water Festival
City Government Proforma
Revenues Expenses Net
Direct Impact $1,136,166 $851,376 $284,790
Direct+Indirect Impact 1,155,964 $851,376 304,588
Direct+Indirect+Induced Impact 1,189,334 $851,376 337,958
Sources:CUB PCD SGA Office and Old Dominion University
Detel6.r.mbk Ind"Report.,,Page 18
October 1, 2019
22
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITW
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
Economic
`"ET"tea Impact on
its
Hampton Roads
Overall, the average expenditure per person was$294.00; 34.3%stayed in hotels; 26.3%stayed at home
and 21.5%stayed with friends and relatives:
Selected Information on Visitors Stay by Residence
Other
Virginia Hampton
Beach Roads Out Of Area
Residents Residents Residents
Average Expenditures per
Person,Excluding Ticket
Purchases $197 $247 $378
Average Number of Days
Stayed 2.6 2.7 2.9
Type of Lodging
Hotel/Motel 10.1% 27.9% 52.1%
Friends and Family 15.7% 20.1% 25.6%
Home 61.3% 35.3% 0.8%
October 1, 2019
23
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITTI9
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
Here are the Hotel Occupancy Rates on Friday and Saturday:
Hotel Occupancy Rate Friday and Saturday during SITW
in Selected Sub-Markets of Hampton Roads
100%
98%
96% 0 94.5%
94%
93.6% 94.1/o
s2% 91.8a/o 91.3%91.9%
91.2%
90.3%
90%
88% 86.8%86.5% 86.5/o a 87.5%
86%
84%
82%
80%
Virginia Beach Chesapeake/Suffolk Norfolk/Portsmouth Newport Williamsburg Hampton Roads
News/Hampton
■Friday ■Saturday
Sources:STR daily data receved In May 2019 and the Old Dominion University Economic Forecasting Project. 21
Here is a comparison of the Revenue Per Available Room (RevPAR) on Friday and Saturday within
Hampton Roads:
RevPAR on Friday and Saturday during SITW
in Selected Sub-Markets of Hampton Roads
$190 $188
$177
$170
$150
$139
$130 $126$144 $127
$131 $135
$++g $109 $111 $109 $108
$90
$70
$50
Virginia Beach Chesapeake/Suffolk Norfolk/Portsmouth Newport Williamsburg Hampton Roads
News/Hampton
•Friday •Saturday
Sources:SIR doily data reeved In May 2019 and the Old Dominion Unverslty Economic Forecasting Project. 22
October 1, 2019
24
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITW)
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
The two charts below provide a comparison of the last weekend in April in 2018 and 2019:
Hotel Occupancy Rate
in Selected Sub-Markets and Hampton Roads
Last Weekend of April(Thursday to Monday):2018 and 2019*
85%
794% 81.0%
80% 77.4% 78.2% 77.4%p
75% 75.3%
illijil
70%65% 64.2%
60%
55%
50%
Virginia Beach Chesapeake/Suffolk Norfolk/Portsmouth Newport Williamsburg Hampton Roads
News/Hampton
■2018 ■2019
Sources:STR daily data received In May 2019 and the Old Dominion University Economic Forecasting Project.Data for 2018 are from Thursday, 23
April 26 through Monday Apnl 30,2018;corresponding dates for 2019 are Thursday,April 25 through Monday April 29,2019
Hotel RevPAR in Selected Sub-Markets and Hampton Roads
Last Weekend of April(Thursday to Monday):2018 and 2019*
$140
$120 $121
$100 $93 $87 $95
$81 $82
$80 $71 $73 $69
$63 $69
$60 $49
$40
$20
$0
Virginia Beach Chesapeake/Suffolk Norfolk/Portsmouth Newport Williamsburg Hampton Roads
News/Hampton
•2018 ■2019
Sources:SIR daily data received in May 2019 and the Old Dominion University Economic Forecasting Project Data for 2018 are from Thursday, 24
April 26 through Monday April 30,2018;corresponding dates for 2019 are Thursday,April 25 through Monday April 29,2019
October 1, 2019
25
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITiI)
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
Visitors Spending in Hampton Roads at
Something in the Water Festival
Attendee Tax and Gratuity Inclusive SpendNWHampton Roads
Lodging F&B Entertainment Other Total
Visitor Ticket Holders $2,255,908 $1,203,833 $3,819,137 $1,009,718 $8,288,596
Hampton Roads Ticket Holders 1,244,589 1,059,147 4,819,494 923,929 8,047,159
All Ticket Holders $3,500,497 $2,262,980 $8,638,631 $1,933,647 $16,335,755
Sources:Old Dominion University
Business Establishment Patronage Impact on Hampton Roads
Lodging F&B Entertainment Other Direct Total
Visitor Ticket Holders $1,971,776 $986,746 $3,503,791 $952,568 $7,414,881
Hampton Roads Ticket Holders 1,087,833 868,151 4,421,548 871,635 7,249,167
All Ticket Holders $3,059,609 $1,854,897 $7,925,339 $1,824,203 $14,664,048
Sources:Old Dominion University
Here is the Economic Impact on Hampton Roads:
Economic Impact on Hampton Roads
Direct Impact $14,664,048
Indirect and Induced Impact $9,450,524
Total Impact $24,114,572
October 1, 2019
26
CITY MANAGER'S BRIEFINGS
2019 SOMETHING IN THE WATER (SITi)
CITY AND REGIONAL ECONOMIC IMPACT ANALYSIS
ITEM#69622
(Continued)
Economic Impacts presented in this report do not
include expenditures by the event producers that
went outside of the area.
Also excluded are expenditures incurred by
ancillary enterprises (sponsors) on behalf of the
event.
cin
OLDDOMINION JfiY'
Thank You .F_
Any Questions?
• For further information contact:
• Dr.Vinod Agarwal •
• vagarwal@odu.edu ,,•• :...
• www.ceapodu.corn ).111
ILL
Mayor Dyer expressed his appreciation to Dr. Vinod Agarwal for the presentation.
October 1, 2019
27
CITY COUNCIL LIAISON REPORTS
ITEM#69623
3:03 P.M.
Council Member Moss advised he attended the recent Military Economic Development Advisory Committee
(MEDAC)Meeting where they discussed the potential impact of off-shore property and the supply chain.
Council Member Moss advised Mr. Matthias may be able to provide more details at a future date as he
merely listened to avoid a conflict of interest.
October 1, 2019
28
CITY COUNCIL COMMENTS
ITEM#69624
3:04 P.M.
Council Member Berlucchi requested an addition to the Legislative Agenda to make conversion therapy
for LGBT an unlawful process. Council Member Berlucchi advised conversion therapy is also known as
reparative therapy is a harmful practice to try and change ones sexual orientation or gender identity and
is a discredited theory. Council Member Berlucchi advised, sixteen states have adopted this ban and he is
hopeful to have Council support to submit this item to the Legislative Agenda, attached hereto and made a
part of the record.
•
October 1, 2019
1. PROTECTION OF YOUTH FROM CONVERSION THERAPY
SPONSORED BY COUNCILMEMBER MICHAEL BERLUCCHI&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION
Background Information:
Conversion therapy, sometimes known as reparative therapy, is the harmful practice of attempting
to change one's sexual orientation or gender identity. This philosophy is based on discredited and
outdated theories. In Virginia, it is currently legal to promote and engage in this dangerous
technique, which is especially harmful to youth, who often have no choice when this treatment is
forced upon them by a parent or guardian.
Since 1975,the American Psychological Association has stated that homosexuality is not a mental
illness, yet throughout Virginia organizations promote this practice as a legitimate and medically
backed option for Lesbian, Gay, Bisexual, and Transgender (LGBT) youth to cure them of being
who they are. In 2013, the American Psychiatric Association made the following issue statement:
"The American Psychiatric Association does not believe that same-sex orientation should or needs
to be changed, and efforts to do so represent a significant risk of harm by subjecting individuals to
forms of treatment which have not been scientifically validated and by undermining self-esteem
when sexual orientation fails to change. No credible evidence exists that any mental health
intervention can reliably and safely change sexual orientation; nor, from a mental health
perspective does sexual orientation need to be changed."
According to research from the Family Acceptance Project, suicide attempts nearly double(48%)
for LGBT youth who report parent and guardian efforts to change their sexual orientation versus
those who didn't experience those efforts (22%), and that rate nearly tripled for LGBT young
people who reported both home-based efforts and formal intervention efforts by external parties,
such as therapists and religious leaders. (63%) Sixteen states and territories have banned this
harmful practice.
Request:
The General Assembly is requested to adopt legislation that would establish that conversion
therapy for LGBT is an unlawful process.
29
CITY COUNCIL COMMENTS
ITEM#69625
(Continued)
Council Member Henley requested an additional to the Legislative Agenda to submit legislation to the
General Assembly that would convert the Virginia Shoreline Resiliency Fund from a low interest loan to a
cost sharing and grant program and to provide funding on a recurrent basis for the program. The proposed
item is attached hereto and made a part of the record.
October 1, 2019
Or4k
(4)
I 24
17. VIRGINIA SHORELINE RESILIENCY FUND
SPONSORED BY COUNCIL MEMBER,BARBARA HENLEY&GREEN RIBBON COMMITTEE
Background Information:
In the 2016 Session of the General Assembly, the Virginia Shoreline Resiliency Fund was established as a
low interest loan program. This provided low-interest loans to mitigate and adapt to recurrent flooding.
Funds have never been provided to provide a 'bank' from which funds could be borrowed.
Request:
The General Assembly is requested to convert the Virginia Shoreline Resiliency Fund from a low interest
loan to a cost sharing and grant program, and to provide meaningful funding on a recurrent basis for this
program. This would allow individual property owners a source of funding from the Commonwealth to
elevate their homes, or otherwise mitigate the effects of sea level rise and provide resiliency from the same.
We also ask that the Commonwealth be a sponsor with Federal Agencies on projects large and small.
30
CITY COUNCIL COMMENTS
ITEM#69626
(Continued)
Council Member Moss advised there are a number of items listed on the proposed VML Legislative
Priorities which he believes would cause the state to significantly increase taxes. Council Member Moss
advised in his opinion, the listed items are not within the tenor of the Council Body or if they are, he would
like to take a public vote. Council Member Moss advised he would like to discuss the items on the list after
Council has had a chance to review the proposed list.
October 1, 2019
31
CITY COUNCIL COMMENTS
ITEM#69627
(Continued)
Council Member Moss. City Council received a memo today concerning SPSA's request to appoint citizens
or City staff to the board. Council Member Moss requested to know if there are any citizens that would
like to serve and advised he would like to appoint a citizen before considering City staff members.
October 1, 2019
32
CITY COUNCIL COMMENTS
ITEM#69628
(Continued)
Council Member Moss advised Council received information on school funding formula in their package
today which provided statistical information. Council Member Moss advised in 2002, the state was
providing 45.3% of the total cost of funding and in 2020, it will be 41.4%. In 2002, the amount the state
provided was $6,052.00 per student, by calculating the inflation index, the total would be adjusted to
$8,630.00 per student. Council Member Moss advised the amount is actually$10,000.00, which is a 77.8%
increase. Council Member Moss advised the statistics show the sacrifice citizens are paying to support
education while citizen income has been flat and enrollment continues to decrease.
October 1, 2019
33
CITY COUNCIL COMMENTS
ITEM#69629
(Continued)
Council Member Moss advised during the Council Retreat in September, there were plans to discuss the
budget guidance, and he would like to see that scheduled in October or November.
Mayor Dyer advised that discussion is scheduled to be held on Tuesday, October 8t.
October 1, 2019
34
CITY COUNCIL COMMENTS
ITEM#69630
(Continued)
Vice Mayor Wood requested clarification for the two items brought forward by Council Members Berlucchi
and Henley;specifically, would the items be added to the Legislative Agenda.
Council Member Moss suggested to have both items on the next agenda to allow for public comment before
adding them to the Legislative Package.
Mayor Dyer asked Council Members if that was acceptable and received a consensus.
October 1, 2019
35
CITY COUNCIL COMMENTS
ITEM#69631
(Continued)
Mayor Dyer advised the City has received nine (9) responses to the RFP to hire an agency to assist with
the City Manager hiring process. Mayor Dyer advised the score sheets need to be completed by Council
Members and submitted to Regina Hillard by October 8`h.
October 1, 2019
36
AGENDA REVIEW SESSION
ITEM#69632
4:00 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND City Code Sections:
a. 2-3 re Appointments to Boards and Commissions(Requested by Council Member Henley)
b. 4-1 re Special Events Permits
2. Resolution to MOVE the November 5, 2019, Regular Meeting of the City Council to November
12, 2019(Requested by City Council)
3. Resolution to DECLARE November 15—December 15, 2019, as Buy Local Month (Requested by
Council Member Wooten)
4. Ordinance to GRANT a Franchise Agreement to Virginia Beach Horseback, Inc. re allow guided
horse riding tours on the beach
5. Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds re acquisition,
construction, renovation, rehabilitation and equipping of the approximately 186-Unit The
Commons at Princess Anne Multi-Family Housing Facility
6. Ordinance to AUTHORIZE temporary encroachments into portions of City property known as
Lake Joyce and the 25'strip of land around Lake Joyce located the rear of 4321 Blackbeard Road
re remove existing pier, construct and maintain proposed riprap revetment,timber pier and boat
ramp and maintain the existing bulkhead and fencing
7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the United States Coast
Guard for up to five (5)years for 36 +/-square foot portion of City property located on the Jetty
on the North side of Rudee Inlet re lighting,power supply equipment and associated navigational
aids
8. Ordinance to APPROPRIATE$139,000 from Fund Balance of the Police Federal and State Seized
Assets Special Revenue Fund to the FY 2019-20 Police Operating Budget re confidential
informant awards, canines, rifle mounted lasers, light replacements and tactical training
9. Ordinances to ACCEPT and APPROPRIATE.:
a. $77,750 from the Department of Homeland Security to the FY 2019-20 Police Operating
Budget and TRANSFER $25,917 within the FY 2019-20 Police Operating Budget to provide
the required local grant match re marine patrol equipment
b. $98,619 from the Virginia Department of Behavioral Health and Developmental Services
(DBHDS) to the FY 2019-20 Human Services Operating Budget; AUTHORIZE one (1)full-
time position and CONVERT one (1)part-time position to a full-time position re STEP-VA
Primary Care Screenings Services Program
October 1, 2019
37
AGENDA REVIEW SESSION
ITEM#69632
(Continued)
c. $195,000 from the Virginia Department of Behavioral Health and Developmental Services
(DBHDS) to FY 2019-20 Human Services Operating Budget and AUTHORIZE two (2)full-
time positions re STEP-VA Outpatient Behavioral Health Services Program
d. $226,821.41 in developer contribution from Renaissance Apts.I,L.P. to CIP#2-025 Witchduck
Road Phase II re construction of required improvements
K. ORDINANCES/RESOLUTIONS:
ITEM#la WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
October 1, 2019
38
AGENDA REVIEW SESSION
ITEM#69632
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. PETER COLEMAN& JOAN SHEPHARD for a Street Closure re one-half of unimproved
unnamed alley adjacent to 709 Vanderbilt Avenue DISTRICT 6—BEACH
2. ROBERT& JANET KOTTKE for a Modification of Conditions re preschool/day-care facility
at 2660 West Neck Road(Approved July 3, 2001)DISTRICT 7—PRINCESS ANNE
3. CHESAPEAKE BAY FOUNDATION,INC.for a Modification of Conditions re environmental
education center at 3663 Marlin Bay Drive (Approved December 11, 2012) DISTRICT 4 —
BAYSIDE
4. VIRGINIA BEACH DIGIPORTS, LLC/TAYLOR FARMS LAND COMPANY, LLC for a
Conditional Change of Zoningfrom AG-1 &AG-2 Agricultural Districts to Conditional I-1 Light
Industrial) re data center and mechanical yard at 2097 Harpers Road DISTRICT 6—BEACH
5. SHENELL LATHAM/DONG JO KlMfor a Conditional Use Permit re assembly use at 4604
Pembroke Lake Circle, Suite 106 DISTRICT 4—BAYSIDE
6. MICHAEL CARLSON/ WILLIAM D. FRIERSON, HI for a Conditional Use Permit re
automotive repair garage at 1181 Jensen Drive DISTRICT 6—BEACH
7. CHRISTINA MARCHIONE/BRUCE& SUSAN WHITAKER for a Conditional Use Permit
re automotive repair garage at 2601 Production Road, Unit 102 DISTRICT 6—BEACH
8. MONICA YVONNE LANCASTER for a Conditional Use Permit re family day-care home at
1505 Colebrook Drive DISTRICT 1 —CENTERVILLE
9. T& S LAWN& LANDSCAPING, LLC for a Conditional Use Permit re bulk storage yard at
400 Davis Street DISTRICT 2—KEMPSVILLE
L. PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
October 1, 2019
39
ITEM#69633
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Dome Site
• Historic Kempsville
• Burton Station
• Voter Registrar Office Location
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3711(A)(29)
• Dome Site
LEGAL MATTERS: 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)(8).
• Voter Registrar Office Location
• Historic Kempsville
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
• Council Appointee Evaluations
October 1, 2019
40
ITEM#69633
(Continued)
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council voted to proceed
into CLOSED SESSION at 3:19 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 3:19 P.M.—3:45 P.M.
Closed Session 3:45 P.M. —5:59 P.M.
October 1, 2019
41
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
OCTOBER 1, 2019
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the
City Council Chamber, City Hall, on Tuesday, October 1, 2019, at 6:00 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: Council Member Jones
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.
October 1, 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 identify any matters in which she might have an actual or potential conflict.
If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined
by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk
to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015, is
hereby made a part of the record.
October 1, 2019
43
ITEM— VI-E
CERTIFICATION
ITEM#69634
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
*Council Member Moss stepped out of the Closed Session during the Dome Site discussion due to
potential conflict of interest:
October 1, 2019
GIN '.BE4e
J�� 4'L
r
as
J�F OUR
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#69633 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.
Amanda Ba nes, C
City Clerk October 1, 2019
44
ITEM-VLF
MINUTES
ITEM#69635
Upon motion by Council Member Berlucchi, seconded by Council Member Abbott, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of September 17,2019
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
October 1, 2019
45
ITEM-VLG
MAYOR'S PRESENTATION
ITEM#69636
FAITH WORKS COALITION DAY
Mayor Dyer introduced and welcomed Glen Sweitzer and Pat Roll from the Faith Works Coalition and
presented a Proclamation declaring October 1, 2019 "Faith Works Coalition Day". Mayor Dyer
encouraged the community to extend gratitude and congratulations to members of Faith Works Coalition
and continue to build upon the future and do good works.
Mr. Sweitzer expressed his appreciation to City Council for their continued support.
October 1, 2019
#
(t.„..„,,,.
,,,,,
_
S
op OUR,gA(�j0'N
V
...„4
firottantaction
Whereas: 'Faith:Works Coalition, Inc. has 'Joined 1fands to Jfefp Our Community"or over 10 years,
and has been committed to assist homeowners desperately in need of home repairs in the City
of Virginia Beach;and
Whereat 'Faith Works mission promotes building community spirit through collaboration with other
charitahle and private organizations whose goals and objectives are aligned with:theirs;and
Whereas 'Ibis non-profit organization comprised of volunteers who devote their time and talent to
repairing homes for the ehderly, disabled, military retirees and families whose financial
position does not allow for costly home repair 6iffs;and,
Whereas: 'Faith Works builds on the willingness and desire to aid others in need in'Virginia Beach,and
enhance the joy of fellowship inherent in faith based,volunteer community projects;and
Whereas: 'Faith'Works has also provided emergency relief through repair and reconstruction services in
areas suffering from naturafdsasters;and
Whereas: 'Ibis unassuming organization has received accolades for their community achievement by
'Volunteer Jfampton Woad;and statewide at the'Virginia Neighborhood Conference;and
Whereas: 'Faith'Works Coalition was the recipient of our own Virginia Beach Jfuman'fights 'Daniel
M.Stone JfumanitarianAward";and
Whereas: 'Faith 'Works' projects result in vibrant community spirit, and improved neighborhoods
instilling a renewed belief that aff things are possible when people care for one another;and
Whereas: 'This unique organization should be recognized for having recently completed a momentous
100016 home repair project through volunteer staff members,sweat equity and no government
funding;and
Whereas: 'Faith 'Works truly is making a difference in peoples' quality of life, the home physical
conditions,as well as neighborhood preservation;and
Whereas: 'Faith'Works Coalition,Inc.and its volunteers have embodied the qualities we seekas leaders
in our community and have shown us their faith by their works.
Now Therefore,I Robert M.Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim:
October 1, 2019
Faith Works Coalition Day
In'Virginia Beach,and I call upon our community to eyend their gratitude and congratulations to our partner
and friend on this day, and with all our"Faithand confidence to continue to build upon the future and do
good'Woi c"
In Witness'i4&eof I have hereunto set my hand and caused the Offciaf Seal of the City of Virginia Beach,
Virginia, to be affixed this first day of October 2019.
nw
r Y=
.,,, / e2d‘dfr6`clei#€<..1
1Zgbert M. "Bo66y"Dyer
Mayor
46
ITEM— VLH.1
PUBLIC COMMENT
ITEM#69637
Mayor Dyer DECLARED a PUBLIC COMMENT.•
2020 LEGISLATIVE AGENDA
The following registered to speak:
Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, expressed his frustration that three (3)
minutes was not enough time to speak on each of the fifteen (15) items in the Legislative Agenda. Mr.
Greenmum spoke in OPPOSITION to items 2 and 15 and in SUPPORT of item 11
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT of items: 1, 4, 11, 13, and
14 and in OPPOSITION of items: 2, 5, 8, and 15
Barbara Messner, P. O. Box 514, spoke in OPPOSITION to items: 3, 13 and 15
Andrew Jackson, 153 Upperville Road, Phone: 490-9190, expressed his frustration that three(3) minutes
was not enough time to speak on each of the fifteen (15) items in the Legislative Agenda
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT
October 1, 2019
47
ITEM— VLI.1
PUBLIC HEARING
ITEM#69638
Mayor Dyer DECLARED a PUBLIC HEARING:
PROPOSED CHARTER AMENDMENT
City Council Members Resign to Run
The following registered to speak:
Michelle Rilee, 3675 Hill Breeze Road, Phone: 805-0605, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT
Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT
Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT
Andrew Jackson, 153 Upperville Road, Phone: 490-9190, spoke in SUPPORT
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
October 1, 2019
48
ITEM— VLI.2
PUBLIC HEARING
ITEM#69639
Mayor Dyer DECLARED a PUBLIC HEARING.•
CONSIDER SALE OF EXCESS PROPERTY
2224 London Street
There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING
October 1, 2019
49
ITEM— VLL3
PUBLIC HEARING
ITEM#69640
Mayor Dyer DECLARED a PUBLIC HEARING:
PROPOSED FRANCHISE AGREEMENT
Virginia Beach Horseback,Inc.
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
October 1, 2019
50
ITEM— VLJ
FORMAL SESSION AGENDA
ITEM#69641
Mayor Dyer read the Speaker Policy and advised for items where only one (1)speaker is registered, the
City Clerk will call the speaker and they will be given three (3) minutes on each item they registered to
speak.
The City Clerk called the following speakers:
Barbara Messner, P. O. Box 514, spoke on items:K.1 b, K.4, K.8, K 9b and K 9c
Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke on item:K.3
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY
CONSENT,Agenda Items K: Ordinances/Resolutions lb, 3, 4, 6, 7, 8, and 9a/b/c/d and Planning Items
L:2, 5, 6(AS AMENDED), 7, 8, and 9
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
K ORDINANCES/RESOLUTIONS:
ITEM#la WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#5 WILL BE CONSIDERED SEPARATELY
L. PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
October 1, 2019
51
ITEM— VLK.1a
ORDINANCES/RESOLUTIONS
ITEM#69642
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
Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT
Upon motion by Council Member Moss, seconded by Council Member Henley, City Council ADOPTED
Ordinance to AMEND City Code Section:
a. 2-3 re Appointments to Boards and Commissions(Requested by Council Member
Henley)
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
October 1, 2019
REQUESTED BY COUNCILMEMBER HENLEY
1 AN ORDINANCE TO AMEND CITY CODE SECTION
2 2-3 REGARDING APPOINTMENTS TO BOARDS
3 AND COMMISSIONS
4
5 Sec. 2-3. - Limitation on terms of members of boards and commissions; applleation
6 far-appointment of such members.
7
8 (a) Any person appointed to a board or commission of the city shall be limited to:
9 (1) Eight (8) consecutive one-year terms.
10 (2) Four (4) consecutive two-year terms.
11 (3) Three (3) consecutive three-year terms.
12 (4) Two (2) consecutive four-year terms.
13 (5) Two (2) consecutive five-year terms.
14
15 The council shall limit its selections to those persons who have submitted applications
16 on forms approved by the council and on file with the city clerk. Each member of the
17 council may review the applications fifteen (15) days prior to the appointment.
18
19 No person may be nominated for appointment to an initial term unless that nominee's
20 potential appointment to the board or commission was previously discussed by the City
21 Council during a prior Council meeting. Such discussion may occur during the open or
22 closed portion of the prior meeting, in accordance with the Virginia Freedom of
23 Information Act.
24
25 (b) Notwithstanding the provisions of subsection (a) above, city council may, by an
26 affirmative vote of a majority of all of the councilmembers, reappoint a person to an
27 additional term beyond that permitted by subsection (a) when, by virtue of the unique
28 qualifications of the position or other extenuating circumstances, doing so would
29 serve the best interests of the city.
30
31 (c) Term limits shall not apply to appointees of the board of building code appeals. The
32 members of each division of the board of building code appeals shall serve at the
33 pleasure of city council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day
of October , 2019.
APPROVED AS TO LEGAL SUFFICIENCY:
--7
City Attorney's Office
CA14830 R-ALT2
September 17, 2019
52
ITEM— VLIC.lb
ORDINANCES/RESOLUTIONS
ITEM#69643
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND City Code Section:
b. 4-1 re Special Events Permits
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
October 1, 2019
1 AN ORDINANCE TO AMEND SECTION 4-1
2 OF THE CITY CODE PERTAINING TO
3 SPECIAL EVENT PERMITS
4
5 Section Amended: § 4-1
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 4-1 of the City Code is hereby amended and reordained to read as
11 follows:
12
13 Sec. 4-1. - Permit for special events.
14
15 (a) Events for Which Permit Required. No person or entity shall hold, organize
16 or sponsor any of the following events or activities unless a permit therefor
17 has been granted by the city:
18
19 . . . .
20
21 (8) Scheduled gatherings of two hundred (200) or more persons on any
22 public property, other than parks.
23
24 (8a) Activities on a parcel being used as a short term rental property as
25 defined in Section 111 of the City Zoning Ordinance, at which fifty (50) or
26 more people are present. Further, no more than one hundred (100) total
27 people shall be present at the activity. No more than three (3) special
28 events permits shall be issued within a twelve (12) month period.
29
30 . . . .
31
THIS ORDINANCE SHALL BE EFFECTIVE ON NOVEMBER 1, 2019.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day
of October , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Convention and Visitors Bureau B. dy ' n
Deputy ' Attorney
CA14243/R-4/September 17, 2019
53
ITEM— VLK.2
ORDINANCES/RESOLUTIONS
ITEM#69644
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
Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council ADOPTED
Resolution to MOVE the November 5, 2019, Regular Meeting of the City Council to November 12, 2019
(Requested by 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
October 1, 2019
REQUESTED BY CITY COUNCIL
1 A RESOLUTION MOVING THE NOVEMBER 5, 2019
2 REGULAR MEETING OF THE CITY COUNCIL TO
3 NOVEMBER 12, 2019
4
5 WHEREAS, the City Code provides the regular formal meetings of City Council
6 shall be held in the Council Chambers of the City Hall Building on the first and third
7 Tuesdays of each month at 6:00 p.m.; and
8
9 WHEREAS, state law provides that a regular meeting of the City Council may be
10 scheduled for a day other than the usual day upon adoption of a resolution; and
11
12 WHEREAS, November 5th is the 2019 general and special elections; and
13
14 WHEREAS, the City Council does not want any citizen to have to choose between
15 exercising the right to vote and attending the City Council meeting.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, THAT:
19
20 1. The regular City Council meeting scheduled for November 5, 2019 is hereby
21 rescheduled for November 12, 2019.
22 2. The time and location for the City Council Formal Session shall remain at 6 p.m.
23 and City Council Chambers.
24 3. The City Clerk shall post a copy of this resolution on the door of the City Council
25 Chambers from the date of adoption until 6 p.m. on November 12, 2019, and
26 provide a notice as required by law.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 1st day
of October 2019.
APP ED AS TO LEGAL SUFFICIENCY:
ney's Office
CA14891
R-1
September 17, 2019
54
ITEM— VLK.3
ORDINANCES/RESOLUTIONS
ITEM#69645
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Resolution to DECLARE November 15 — December 15, 2019, as Buy Local Month
(Requested by Council Member Wooten)
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
October 1, 2019
REQUESTED BY COUNCILMEMBER WOOTEN
1 A RESOLUTION TO DECLARE NOVEMBER 15 —
2 DECEMBER 15, 2019 AS BUY LOCAL MONTH
3
4 WHEREAS, at its July 18, 2019 meeting the Hampton Roads Planning District
5 Commission (HRPDC) established November 15th— December 15 as Buy Local Month;
6 and
7
8 WHEREAS, the HRPDC circulated a draft proclamation for Buy Local Month,
9 which is attached hereto as Exhibit A; and
10
11 WHEREAS, the City Council supports local businesses that create jobs, boost the
12 local economy, and preserve our neighborhoods;
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA, THAT:
16
17 The Council hereby declares November 15-December 15, 2019 as "Buy Local
18 Month," and it urges all citizens to join in this celebration and to buy local for the holidays
19 and throughout the year.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day
of October 2019.
APPROVED AS TO LEGAL SUFFICIENCY:
E+tq orney's Office
CA14804
R-2
September 24, 2019
r
WHEREAS; The Hampton Roads Planning District Commission is proud to join the
region together in supporting and celebrating local-independent businesses and the
impact they have on the region's culture, economy and character; and
WHEREAS, by "Buying Local," Hampton Roads' residents embrace this unique, vibrant
community and recognize that it's the one-of- a-kind businesses that keep us from
becoming"Anywhere, USA" and encourage a strong sense of pride in place; and
WHEREAS, by "Buying Local," Hampton Roads' residents create prosperity for all. The
"multiplier effect" of locals choosing locals creates diverse job opportunities, protecting
us from the effects of economic downturns; and
WHEREAS, by "Buying Local," Hampton Roads' residents help to improve and protect
the environment. The purchasing habits, central location and smaller footprint of local
businesses often results in less pollution and congestion; and
WHEREAS, by `Buying Local," Hampton Roads' residents keep money circulation in the
local economy. For every $10o spent at a local-independent business, $45 goes back into
the community,versus only $14 when spent at a national chain store; and
WHEREAS, by "Buying Local," Hampton Roads' residents support a healthy and happy
community. Studies show that those who live in communities where local-independent
businesses are the norm are healthier — and thus happier; and
WHEREAS, by acknowledging November 15 through December 15, 2019 as Buy Local
Month, the Hampton Roads Panning District Commission supports our local businesses
that create jobs, boost our local economy and preserve our neighborhoods.
NOW, THEREFORE, I, , Commissioner, City/County of , do hereby
proclaim November 15 — December 15, 2019 as "Buy Local Month," and urge all citizens
to join in this celebration and to Buy Local for the holidays and throughout the year.
55
ITEM— VLK.4
ORDINANCES/RESOLUTIONS
ITEM#69646
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY
CONSENT, Ordinance to GRANT a Franchise Agreement to Virginia Beach Horseback, Inc. re allow
guided horse riding tours on the beach
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
October 1, 2019
1 AN ORDINANCE GRANTING A FRANCHISE TO ALLOW
2 GUIDED HORSE RIDING TOURS ON THE BEACH
3
4 WHEREAS, City Council has granted multiple franchise agreements for guided
5 horse riding tours on the beach in the Resort Area during the non-summer months of
6 October through May;
7
8 WHEREAS, most recently in 2014, City Council approved the award of a one-
9 year franchise agreement, with the option of four one-year renewals, to Virginia Beach
10 Horseback, Inc. ("VBHI");
11
12 WHEREAS, the VBHI franchise agreement expired in May 2019;
13
14 WHEREAS, the Resort Management Office determined that it would be
15 beneficial to the City to continue offering guided horse tours at the oceanfront, and the
16 City issued an invitation to bid on August 30, 2019;
17
18 WHEREAS, the City received one bid, which was from VBHI;
19
20 WHEREAS, the initial term of the proposed franchise is October 2, 2019 through
21 May 28, 2020;
22
23 WHEREAS, the franchise may be renewed for up to four one-year terms upon
24 the mutual written agreement of the City and VBHI;
25
26 WHEREAS, the annual franchise fee is two thousand six hundred dollars; and
27
28 WHEREAS, the Resort Management Office recommends that VBHI be granted a
29 franchise agreement for the term of October 2, 2019 through May 21, 2020, with the
30 option for four one-year renewals upon mutual written consent of the City and VBHI.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34
35 That the City Council hereby grants a franchise agreement to Virginia Beach
36 Horseback, Inc. for the period of October 2, 2019 through May 21 , 2019, with the option
37 for four one-year renewals, subject to the terms and conditions of the franchise
38 agreement and all applicable ordinances, resolutions, and regulations to allow guided
39 horse riding tours on the beach in the Resort Area, and authorizes the City Manager or
40 his designee to execute a franchise agreement with Virginia Beach Horseback, Inc. in a
41 form approved by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of
October , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL:
SUFFICIENCY
icv.
CVB/Resort Management Office City Attorney's Office
CA14889
R-1
September 19,2019
56
ITEM— VLK.5
ORDINANCES/RESOLUTIONS
ITEM#69647
The following registered to speak:
Thomas Attridge, Applicant, 1819 Meeting Street, #220, Charleston, SC, Phone:202-748-3635, spoke in
SUPPORT
Ann Curtis Saunders, Bond Counsel, 1019 Ridge Top Road, Henrico, VA, spoke in SUPPORT
Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in OPPOSITION
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED
Resolution to AUTHORIZE the issuance of Development Authority Revenue Bonds re acquisition,
construction, renovation, rehabilitation and equipping of the approximately 186-Unit The Commons at
Princess Anne Multi-Family Housing Facility
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
October 1, 2019
1 RESOLUTION APPROVING THE ISSUANCE BY THE
2 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
3 OF ITS REVENUE BONDS FOR THE ACQUISITION,
4 CONSTRUCTION, RENOVATION, REHABILITATION AND
5 EQUIPPING OF THE APPROXIMATELY 186-UNIT THE
6 COMMONS AT PRINCESS ANNE MULTIFAMILY
7 HOUSING FACILITY LOCATED IN THE CITY OF
8 VIRGINIA BEACH, VIRGINIA
9
10 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is
11 authorized to advertise and hold public hearings relative to the issuance of private activity
12 bonds;
13
14 WHEREAS, the Authority (a) has considered the application of Standard
15 Commons Venture LP (the "Borrower"), requesting that the Authority issue its revenue
16 bonds (the "Bonds") in a maximum stated principal amount of $22,000,000 to assist the
17 Borrower or a party related to the Borrower in financing or refinancing a portion of(i) the
18 cost of acquiring, constructing, renovating, rehabilitating and equipping an existing,
19 affordable, senior-designated multifamily residential rental housing project consisting of
20 one three-story building of approximately 190,000 gross square feet containing
21 approximately 186 units to be known as The Commons at Princess Anne and including
22 a community room, a library and surface parking facilities (the "Project") located at
23 located at 4924 Princess Anne Road in the City of Virginia Beach, Virginia and expected
24 to be owned and used by the Borrower or a party related to the Borrower, (ii) the funding
25 of reserve funds as permitted by applicable law and (iii) the costs incurred in connection
26 with the issuance of the Bonds (collectively, the "Plan of Finance") and (b) has held a
27 public hearing in connection therewith on September 17, 2019 (the "Public Hearing");
28
29 WHEREAS, the Project shall be established and maintained as a "qualified
30 residential rental project" within the meaning of Section 142(d) of the Internal Revenue
31 Code of 1986, as amended (the "Code");
32
33 WHEREAS, Section 147(f) of the Code provides that the applicable elected
34 representatives of the governmental unit having jurisdiction over the issuer of private
35 activity bonds and over the area in which any facility financed with the proceeds of private
36 activity bonds is located must approve the issuance of such bonds;
37
38 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach,
39 Virginia (the "City") and the Project is located in the City;
40
41 WHEREAS, the Authority, as the issuing governmental unit with respect to the
42 Bonds, has no applicable elected representative, the City constitutes the next highest
43 governmental unit with such a representative, and the members of the City Council of
44 the City (the "Council") constitute the applicable elected representatives of the City;
45 WHEREAS, the Authority has recommended that the Council approve the
46 issuance of the Bonds; and
47
48 WHEREAS, a copy of the Authority's resolution approving the issuance of the
49 Bonds, a certificate of the Public Hearing, a summary of the statements expressed at the
50 Public Hearing and the fiscal impact statement concerning the Plan of Finance have
51 been filed with the Council.
52
53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
54 OF VIRGINIA BEACH, VIRGINIA:
55
56 1. The Council approves the issuance of the Bonds by the Authority, in one or
57 more series at one time or from time to time, in an aggregate maximum stated principal
58 amount of$22,000,000 for the benefit of the Borrower or a party related to the Borrower,
59 as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia
60 of 1950, as amended to permit the Authority to assist in the financing of the Plan of
61 Finance.
62
63 2. The approval of the issuance of the Bonds does not constitute an endorsement
64 to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Finance
65 or the Borrower.
66
67 3. In accordance with Chapter 643 of the Acts of Assembly of 1964, as amended,
68 the Bonds shall not be deemed to constitute a debt or pledge of the faith and credit or
69 taxing power of the Commonwealth or any political subdivision thereof, including the
70 Authority and the City.
71
72 4. In adopting this resolution, the City, including its elected representatives,
73 officers, employees and agents, shall not be liable for, and hereby disclaim all liability
74 for, any damages to any person, direct or consequential, resulting from the Authority's
75 failure to issue the Bonds for any reason.
76
77 5. This resolution shall take effect immediately upon its adoption.
78
79 Adopted by the City Council of the City of Virginia Beach, Virginia on the 1st day
80 of October, 2019.
APPROVED AS TO CONTENT: APPROVED AJ LEGAL
SUFFICIENCY �.
Economic Development City Attorney
CA14670
\bgov.corn\dfs l\applications\citylaw\cycom32\wpdocs\d013\p034\00590775.docx
R-1
September 19, 2019
57
ITEM— VLK.6
ORDINANCES/RESOLUTIONS
ITEM#69648
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known
as Lake Joyce and the 25'strip of land around Lake Joyce located the rear of 4321 Blackbeard Road re
remove existing pier, construct and maintain proposed riprap revetment,timber pier and boat ramp and
maintain the existing bulkhead and fencing
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
October 1, 2019
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE TEMPORARY
4 ENCROACHMENTS INTO PORTIONS OF CITY
5 PROPERTY KNOWN AS LAKE JOYCE AND THE 25'
6 STRIP OF LAND AROUND LAKE JOYCE LOCATED
7 AT THE REAR OF 4321 BLACKBEARD ROAD
8
9 WHEREAS, Trevor J. Prouty and Brooke E. Prouty desire to remove the existing pier
10 and to construct and maintain proposed rip rap revetment, timber pier and boat ramp, and
11 to maintain the existing bulkhead and fencing, within the City's property known as Lake
12 Joyce and the 25' strip of land around Lake Joyce, located at the rear of 4321 Blackbeard
13 Road; and
14
15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
17 City's right-of-way subject to such terms and conditions as Council may prescribe.
18
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009
23 and 15.2-2107, Code of Virginia, 1950, as amended, Trevor J. Prouty and Brooke E.
24 Prouty, their assigns and successors in title are authorized to remove the existing pier and
25 to construct and maintain proposed rip rap revetment, timber pier and boat ramp, and to
26 maintain the existing bulkhead and fencing in the City's property known as Lake Joyce and
27 the 25' strip of land around Lake Joyce, as shown on the exhibit entitled: "EXHIBIT A
28 ENCROACHMENT DRAWING RIP RAP REVETMENT, BOAT RAMP &TIMBER PIER IN
29 LAKE JOYCE 01 AUG 18 FOR TREVOR PROUTY, 4321 BLACKBEARD RD, 23455
30 VIRGINIA BEACH GPIN: 14798813770000 MAP BOOK 227, PAGE 2", a copy of which is
31 attached hereto as Exhibit A and on file in the Department of Public Works and to which
32 reference is made for a more particular description;
33
34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
35 subject to those terms, conditions and criteria contained in the Agreement between the City
36 of Virginia Beach and Trevor J. Prouty and Brooke E. Prouty (the "Agreement"), an
37 unexecuted copy of which has been presented to the Council in its agenda, and will be
38 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia
39 Beach;
40
41 BE IT FURTHER ORDAINED that the Agreement is limited to the authority provided
42 by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or other
43 approval of any feature displayed on the Agreement's Exhibit unless expressly authorized
44 herein;
1
45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is
46 hereby authorized to execute the Agreement; and
47
48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
49 time as Trevor J. Prouty and Brooke E. Prouty and the City Manager or his authorized
50 designee execute the Agreement.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of
53 October , 2019
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
ORKS, REAL ESTATE A EY ,
SENIOR CITY ATTORNEY
CA14422
`.'vbgov.comdfsl applications\citylaw\cycom32\wpdocs\d029\p029\00551977.doc
R-1
PREPARED: September 18, 2019
2
'EXHIBIT A' rt.-TN,
`f�
ENCROACHMENT DRAWING G�
RIP RAP REVETMENT, BOAT RAMP & TIMBER PIER IN LAKE 8/18/18 S
JOYCE 0STEPHEN M. BLEVINS
01 AUG 18 ' . No. 265 41i:r
FOR p
TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 StkfO1VALG
VIRGINIA BEACH GPIN: 14798813770000
MAP BOOK 227, PAGE 2.
LAKE JOYCE GPIN: 15708024380 000
LEGAL DESCRIPTION: BAYLAKE PINES SEC 1 BLK 1 LOT B OWNER:
0.9286 AC BY PLAT CITY OF VIRGINIA BEACH
INSTRUMENT NUMBER:
20170327000249770 OHw @ •g �1.
NEW RIP RAP REVETMENT
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00 \ INSTRUMENT
OO 71- aop NUMBER:
00 1 O 200504120053956
z
Z O�i
- - 69.18' ih
Y Li
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Noel Faison �— 4319 Blackbeard Road
4317 Blackbeard Road CA 23455
23455 ci IA GPIN 14798805350000
GPIN: 14798823780000 = Baylake Pines Sec 1
Baylake Pines Sect O CDBLK 1 Lot 8
BLK 1 Lot A O C)1,C0 INSTRUMENT NUMBER:
NO INSTRUMENT NUMBER O 20070912001246510
MAP BOOK 3429, PAGE 783 O 6
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Blackbeard Road
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this / day of , 2019
, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipa corporation of the
Commonwealth of Virginia, Grantor, "City", and Trevor J. PROUTY and Brooke E.
PROUTY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot `B", as shown on that certain plat entitled:
"RESUBDIVISION OF LOTS 5, 6 & 7, BLOCK 1, SUBDIVISION NO. 1 OF BAYLAKE
PINES (M.B. 31, PG. 53) VIRGINIA BEACH, VIRGINIA", and said plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
227, at page 2, and being further designated, known, and described as 4321
Blackbeard Road, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to remove existing pier and to
construct and maintain proposed rip rap revetment, timber pier, boat ramp and to
maintain existing bulkhead and fencing, collectively, the "Temporary Encroachment", in
the City of Virginia Beach; and
GPIN: 1570-80-2438 (LAKE JOYCE)
25' WIDE STRIP (CITY OF VIRGINIA BEACH— NO GPIN ASSIGNED)
GPIN: 1479-88-1377 (4321 BLACKBEARD ROAD)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of existing City
property described as "25' STRIP" and "LAKE JOYCE" as shown on the aforesaid plat,
the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT DRAWING RIP RAP REVETMENT,
BOAT RAMP & TIMBER PIER IN LAKE JOYCE 01 AUG 18
FOR TREVOR PROUTY, 4321 BLACKBEARD RD, 23455
VIRGINIA BEACH GPIN: 14798813770000 MAP BOOK
227, PAGE 2", a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00 per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
3
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
4
IN WITNESS WHEREOF, Trevor J. Prouty and Brooke E. Prouty, the said
Grantee, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 201 , by , CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 201_, by , CITY CLERK / AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
By
e r outy, Owner
By
. Pro caner
STATE OF
CITY/COUNTY OF cam),t-cyc.- �J(. '\, to-wit:
The foregoing instrument was acknowledged before me this 2 0 day of
, 201a_ by Trevor J. Prouty.
Kea
Notaryublic RY PUBLIC
REG #7739589
OF VIRGINIA
LCOMMONWEALTHOMMISION EXPIRES MARCH 31,2021
Notary Registration Number: —I ?9 8q
My Commission Expires: "I?1 )Ltzi
STATE OF
CITY/COUNTY OF \jic svN\e-` c--h, to-wit:
The foregoing instrument was acknowledged before me this l G day of
, 201 a by Brooke E. Prouty.
` ilJones
UBLIIC
Nota Public REG #7739589
COMMONWEALTH OF VIRGINIA
MY COMMISION EXPIRES MARCH 31,2021
Notary Registration Number: —1-1
My Commission Expires: 63 r `3' )may-[
7
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
IGNA E L . AR YER,
CITY ATTORNEY
sEnito
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
8
'EXHIBIT A' �THOF1.-
ENCROACHMENT DRAWING 'C,
RIP RAP REVETMENT, BOAT RAMP & TIMBER PIER IN LAKE 8/18/18
JOYCE C5 STEPHEN M.BLEVINS
01 AUG 18 ' . No. 265
FOR '�O Wa
TREVOR PROUTY, 4321 BLACKBEARD RD, 23455 G
VIRGINIA BEACH GPIN: 14798813770000 ZONAL
MAP BOOK 227, PAGE 2.
LAKE JOYCE GPIN: 15708024380 000
LEGAL DESCRIPTION: BAYLAKE PINES SEC 1 BLK 1 LOT B OWNER:
0.9286 AC BY PLAT CITY OF VIRGINIA BEACH
INSTRUMENT NUMBER:
20170327000249770 pHW @ B H.-7
1
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GPIN: 14798823780000 O 11J' Baylake Pines Sec 1
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BLK 1 Lot A O p
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58
ITEM— VLK 7
ORDINANCES/RESOLUTIONS
ITEM#69649
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the United States
Coast Guard for up to five (5)years for 36 +/-square foot portion of City property located on the Jetty on
the North side of Rudee Inlet re lighting,power supply equipment and associated navigational aids
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
October 1, 2019
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER
2 TO EXECUTE A LEASE FOR UP TO FIVE YEARS WITH
3 THE UNITED STATES COAST GUARD FOR A 36+/-
4 SQUARE FOOT PORTION OF CITY PROPERTY
5 LOCATED ON THE JETTY ON THE NORTH SIDE OF
6 RUDEE INLET
7
8 WHEREAS, the City of Virginia Beach (the "City")owns the jetty located on the north
9 side of Rudee Inlet;
10
11 WHEREAS, the United States Coast Guard (the "USCG")currently leases from the
12 City a portion of property located 25 feet from the breakwater and consisting of
13 approximately 36 square feet (the "Property");
14
15 WHEREAS, the USCG installed and maintains the lighting, power supply equipment
16 and associated navigational aids for Rudee Inlet on the Property;
17
18 WHEREAS, the current lease expired on September 30, 2019 and the USCG
19 desires to enter into a supplemental lease agreement for up to an additional five years; and
20
21 WHEREAS, the Property would be used for navigational purposes and for no other
22 use.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That the City Manager, or his designee, is hereby authorized to execute a lease
28 agreement with the United States Coast Guard, for approximately 36 square feet of
29 property located on the jetty on the north side of Rudee Inlet, so long as the terms and
30 conditions are in accordance with the Summary of Terms, attached hereto as Exhibit A, and
31 made a part hereof, and such other terms, conditions or modifications as may be
32 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of
35 October , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
(e/ IUGCa. (4/144147)
Public Work / Facilities Management City Attorney
CA14671
\\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d01 7p032\00591244.doc
R-1
September 17, 2019
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR 36 SQUARE FEET OF CITY PROPERTY
FOR NAVIGATIONAL AID PURPOSES
LESSOR: City of Virginia Beach (the "City")
LESSEE: United States Coast Guard (the "USCG")
PREMISES: Approximately 36 square feet (6' x 6' area) of City-owned land located
25 feet from the breakwater on the jetty on the north side of Rudee Inlet
TERM: October 1, 2019 through September 30, 2020, with four (4) additional one-
year renewal options
RENT: Rent shall be $1.00 per year.
RIGHTS AND RESPONSIBILITIES OF USCG (LESSEE):
• The USCG shall use the Premises for maintenance of the lighting, power supply
equipment and related navigational aids and for no other purpose. Any
unauthorized use of the Premises shall constitute a breach of the lease and
cause its immediate termination.
• To the extent permitted by law, the USCG assumes the entire responsibility and
liability for any and all damages to persons or property caused by any act or
omission of the USCG or its officers, invitees, employees and agents associated
with the use of the Premises.
RIGHTS AND RESPONSIBILITIES OF THE CITY (LESSOR):
• The City assumes responsibility for the maintenance of the Premises and the
means of ingress and egress during the lease term.
• The City shall notify the USCG prior to the placement of any item onto the
structure which holds the light tower and related navigational aids and associated
equipment.
TERMINATION:
• The USCG may terminate the lease upon giving the City thirty (30) days' written
notice.
59
ITEM— VLK8
ORDINANCES/RESOLUTIONS
ITEM#69650
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE $139,000 from Fund Balance of the Police Federal and State
Seized Assets Special Revenue Fund to the FY 2019-20 Police Operating Budget re confidential informant
awards, canines, rifle mounted lasers,light replacements and tactical training
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
October 1, 2019
1 AN ORDINANCE TO APPROPRIATE $139,000 IN FUND
2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED
3 ASSETS SPECIAL REVENUE FUND FOR POLICE
4 EQUIPMENT AND CONFIDENTIAL INFORMANT
5 PAYMENTS
6
7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA THAT:
9
10 $139,000 is hereby appropriated, with revenues increased accordingly, from the
11 Fund Balance of the Police Federal & State Seized Assets Special Revenue Fund to the
12 FY 2019-20 Police Department Operating Budget for confidential informant awards,
13 canines, rifle mounted lasers and light replacements and tactical training.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of
October 2019.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget a Management ervices tt n 's Office
CA14895
R-1
September 18, 2019
60
ITEM— VLK.9a
ORDINANCES/RESOLUTIONS
ITEM#69651
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a. $77,750 from the Department of Homeland Security to the FY 2019-20 Police
Operating Budget and TRANSFER$25,917 within the FY 2019-20 Police Operating
Budget to provide the required local grant match re marine patrol equipment
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
October 1, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2019-
3 20 POLICE DEPARTMENT OPERATING BUDGET FOR
4 MARINE PATROL EQUIPMENT
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1. $77,750 is hereby accepted from the United States Department of Homeland
10 Security and appropriated, with federal revenues increased accordingly,to the FY 2019-20
11 Operating Budget of the Police Department for the purchase of personal flotation
12 equipment, forward looking infrared radar imaging systems, and marine patrol vessel
13 electronic package upgrades;
14
15 2. $25,917 is hereby transferred within the FY 2019-20 Police Department
16 Operating Budget to provide the required local grant match;
17
18 3. The equipment purchased with these grant funds is not guaranteed to be
19 replaced by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day
of October 2019.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
M�
....
r
,,
udget and Management Services City Att ey's Office
CA14894
R-1
September 18, 2019
61
ITEM— VI.K.9b
ORDINANCES/RESOLUTIONS
ITEM#69652
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $98,619 from the Virginia Department of Behavioral Health and Developmental
Services (DBHDS) to the FY 2019-20 Human Services Operating Budget;
AUTHORIZE one (1)full-time position and CONVERT one(1)part-time position to
a full-time position re STEP-VA Primary Care Screenings Services Program
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
October 1, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FOR PRIMARY CARE SCREENINGS AND TO AUTHORIZE
3 ONE FULL-TIME POSITION, AND CONVERT A PART-TIME
4 POSITION TO FULL-TIME
5
6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 1. $98,619 in additional funds from the Virginia Department of Behavioral
10 Health and Developmental Services is hereby accepted and appropriated, with revenue
11 from the Commonwealth increased accordingly, to the FY 2019-2020 Department of
12 Human Services Operating Budget for the STEP-VA Primary Care Screenings Program;
13
14 2. One full-time position is hereby authorized and created in the Department
15 of Human Services' Fiscal Year 2019-2020 Operating Budget;
16
17 3. One part-time position in the Department of Human Services' Fiscal Year
18 2019-2020 Operating Budget is hereby converted to a full-time position.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of
October 2019.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City Attorn 's Office
CA14892
R-1
September 18, 2019
62
ITEM— VI.K.9c
ORDINANCES/RESOLUTIONS
ITEM#69653
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
c. $195,000 from the Virginia Department of Behavioral Health and Developmental
Services (DBHDS) to FY 2019-20 Human Services Operating Budget and
AUTHORIZE two (2)full-time positions re STEP-VA Outpatient Behavioral Health
Services Program
Voting: 11-1
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
October 1, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FOR OUTPATIENT BEHAVIORAL HEALTH SERVICES AND
3 TO ESTABLISH TWO FULL-TIME POSITIONS
4
5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 1. $195,000 from the Virginia Department of Behavioral Health and
9 Developmental Services is hereby accepted and appropriated, with revenue from the
10 Commonwealth increased accordingly, to the FY 2019-2020 Department of Human
11 Services Operating Budget for the STEP-VA Outpatient Behavioral Health Services
112
3 Program;
14 2. Two full-time positions are hereby authorized and created in the Department
15 of Human Services' Fiscal Year 2019-2020 Operating Budget.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of
October 2019.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
c
��� (ILL X6
`Budget and Management Services 1 y At ey's Office
CA14893
R-1
September 18, 2019
63
ITEM— VLK9d
ORDINANCES/RESOLUTIONS
ITEM#69654
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
d. $226,821.41 in developer contribution from Renaissance Apts. I, L.P. to CIP#2-025
Witchduck Road Phase II re construction of required improvements
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
October 1, 2019
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 DEVELOPER CONTRIBUTION TO CAPITAL PROJECT # 2-
3 025, "WITCHDUCK ROAD PHASE II"
4
5 WHEREAS, Renaissance Apts. I, L.P. desires to contribute funds to the City of
6 Virginia Beach towards the development and construction of a turn lane into property
7 owned by Renaissance Apts. I, L.P. at 273 North Witchduck Road and towards water and
8 sewer connections to said property;
9
10 WHEREAS, the City of Virginia Beach is presently constructing roadway
11 improvements adjacent to the aforementioned property as part of the adopted FY 2019-
12 2020 City of Virginia Beach Capital Improvement Program via CIP Project # 2-025,
13 "Witchduck Road Phase II; and
14
15 WHEREAS, the Renaissance Apts. I, L.P. has contractually committed to providing
16 $226,821 .41 to the City for construction of required improvements.
17
18 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA THAT:
20
21 1 . $226,821.41 in developer contribution is hereby accepted from
22 Renaissance Apts. I, L.P., and appropriated, with developer contributions increased
23 accordingly, to CIP # 2-025, "Witchduck Road Phase II."
24
25 2. Project Expenditures and Scope for CIP # 2-025, "Witchduck Road Phase
26 II," is hereby amended to include the turn lane and necessary public utility improvements
27 provided such improvements do not exceed $226,821.41.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of
October 2019.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget and Management Services i y Atto ey's O ice
CA14890
R-1
September 16, 2019
64
ITEM—VI-L.1
PLANNING
ITEM#69655
The following registered to speak:
Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Tower, seconded by Council Member Moss, City Council APPROVED,
Application of PETER COLEMAN&JOANSHEPHARD for a Street Closure re one-half of unimproved
unnamed alley adjacent to 709 Vanderbilt Avenue DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PETER COLEMAN& JOAN SHEPHARD fora Street Closure re one-
half of unimproved unnamed alley adjacent to 709 Vanderbilt Avenue
(GPIN 2426384394)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 ofa 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 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 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the IS`day of October Two Thousand
Nineteen.
October 1, 2019
65
ITEM—VI-L.I
PLANNING
ITEM#69655
(Continued)
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
October 1, 2019
1 ORDINANCE APPROVING APPLICATION OF
2 PETER COLEMAN AND JOAN SHEPHERD FOR
3 THE CLOSURE OF ONE-HALF OF AN
4 UNIMPROVED, UNNAMED ALLEY ADJACENT
5 TO THE REAR OF 709 VANDERBILT AVENUE
6 IN CROATAN
7
8 WHEREAS, Peter Coleman and Joan Shepherd (the "Applicants") applied to the
9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described
10 unimproved right-of-way discontinued, closed, and vacated; and
11
12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way
13 be discontinued, closed, and vacated, subject to certain conditions having been met on
14 or before one (1) year from City Council's adoption of this Ordinance.
15
16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
17 Beach, Virginia:
18
19 SECTION I
20
21 That the hereinafter described unimproved right-of-way be discontinued, closed
22 and vacated, subject to certain conditions being met on or before one (1) year from City
23 Council's adoption of this ordinance:
24
25 ALL THAT certain piece or parcel of land situate, lying and
26 being in the City of Virginia Beach, Virginia, designated and
27 described as "AREA OF PROPOSED STREET CLOSURE
28 (375 SQ. FT. OR 0.009 ACRES)", shown as the hatched area
29 on that certain exhibit plat entitled: "STREET CLOSURE
30 EXHIBIT OF THE EASTERN 7.5 FEET OF 15' ALLEY (A
31 PUBLIC R/W) LOT 18; BLOCK 16 CROATAN BEACH (M.B.
32 24, PG. 37) VIRGINIA BEACH, VIRGINIA", dated March 29,
33 2019, prepared by WPL, a copy of which is attached hereto
34 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. It has been determined that the
45 purchase price to be paid to the City shall be $3,000, which is consistent with similar
46 street closures in this area.
47
48 No GPIN (Public Right-of-Way)
49 (Adjacent GPIN:2426-38-4394)
50 2. The Applicants shall resubdivide the property and vacate internal lot lines
51 to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must
52 be submitted and approved for recordation prior to final street closure approval. Said
53 plat must include the dedication of a public drainage easement over the Right-of-Way to
54 the City of Virginia Beach, subject to the approval of the Department of Public Works
55 and the City Attorney's office, which easement shall include a right of reasonable
56 ingress and egress.
57
58 3. The Applicants shall verify that no private utilities exist within the Right-of-
59 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility
60 company must be provided.
61
62 4. Closure of the Right-of-Way shall be contingent upon compliance with the
63 above stated conditions within 365 days of approval by City Council. If the conditions
64 noted above are not accomplished and the final plat is not approved within one year of
65 the City Council approval, said approval shall be considered null and void.
66
67 SECTION III
68
69 1. If the preceding conditions are not fulfilled on or before September 30,
70 2020, this Ordinance will be deemed null and void without further action by the City
71 Council.
72
73 2. If all conditions are met on or before September 30, 2020, the date of final
74 closure is the date the street closure ordinance is recorded by the City Attorney.
75
76 3. In the event the City of Virginia Beach has any interest in the underlying
77 fee, the City Manager or his designee is authorized to execute whatever documents, if
78 any, that may be requested to convey such interest, provided said documents are
79 approved by the City Attorney's Office.
80
81 SECTION IV
82
83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
85 VIRGINIA BEACH as "Grantor" and PETER COLEMAN and JOAN SHEPHERD,
86 collectively as "Grantee".
87
88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day
89 of October , 2019.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Planning partment City Attorne
CA14654
vbgo,.comldfsl applications\citylaw\cycom32\wpdocs\d013\p034\00590813.doc
R-1
September 18, 2019
EXHIBIT A
794241/11
?i' � I LOT 8
LOT 7 (M.B. 24, PG. 37) LOT aA
(M.B. 24, PG. 37) GPIN: 2426-38-3391 . (I.N. 20120418000421890)
GPIN: 2426-38-4217 GPIN: 2426-38-3387
48' WOOD FENCE 46' VINYL FENCE
!6' ALLEY N 04'14'15' W 50'
tea 24, pa .37) ' / h,` , >..r err .,
N 04'14'15"W 50' 14.
72' M10OD FENCE
AREA OP PROPOSED
STREET CLOSURE BLOCK
(375 SO. F7". OR
0.009 ACRES) . 1Q
h h
UN17 LOT V LOT 19
(M.B. 24, PC. 37) OP/N: 2426-38-4394 (M.B. 24, PG. 37)
GPIN: 2426-38-5239 GPIN: 2426-38-4378
LTH op
P ke ...0.
$ i. MS r s ma to
•- `� 10 SHOW 1!E N1EA OF
PROPOSE): PROPO main-OF-NAY
-�RIC . NER CLOSURE AND INDEPENDENT
LW. ,� OF THE ASSOCIATED
. 2904 AND
e 03/29/2019 d)* L E7 RECORD DOCUMENFM AMY
GENERALSLTR y Z 2. A TITLE REPORT WAS NOT
BEEN PROVIDED FOR This
PROPERTY.
WO' 7OP.l
----: IMAM AVENUE A—
(ALB. 24, PC,. 37)
S 0414 11 E
VANDERBIL T R AVE
��� (MA 24, PG 37)
STREET CLOSURE IIMB1T
-_ J
OF
ilk 1‘ ,,t nip MATZEN i ALLEY AA PUBLIC FEET OF
LOT18 BLOCE16
CROATAN 'BEACH
O
ra
. (M3. 24. PG. 37)
VIRGINIA BEACH, VIRGINIA SHUT t or t
Vx SCAM.; 111a20' MARCH O. 10019
CID/olds 3101/sag arr of =GNL i&ca. 711 I W.B.1003 PG.10 I PINT:c-54 1313:8t9-oo3e
66
ITEM—VI-L.2
PLANNING ITEM#69656
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED,
MODIFIED CONDITIONS, BY CONSENT, Application of ROBERT & JANET KOTTKE for a
Modification of Conditions re preschool/day-care facility at 2660 West Neck Road(Approved July 3, 2001)
DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ROBERT & JANET KOTTKE for a Modification of Conditions re
preschool/day-care facility at 2660 West Neck Road (Approved July 3,
2001) (GPIN 1494801200)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
All conditions of the July 3, 2001, Conditional Use Permit shall be deleted and replaced with the
following conditions listed below:
1. There shall be no more than 140 students in the facility at any one time; however, the ultimate
occupancy, which cannot exceed 140 students, shall be subject to the approval of the Building
Official's Office.
2. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance.
3. The applicant shall obtain all the necessary permits, inspections, and approvals from the
Department of Social Services, the Fire Department, and the Permits and Inspections Division of
the Planning Department before occupancy of the building. A Certificate of Occupancy for the use
shall be obtained from the Permits and Inspections Division of the Planning Department.
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 1S`day of October 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
October 1, 2019
09
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ITEM—VI-L.3
PLANNING ITEM#69657
The following registered to speak:
Stephen Romine, Attorney for Applicant, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Andrew Jackson, 153 Upperville Road, Phone: 490-9190, spoke in SUPPORT
Upon motion by Council Member Jones, seconded by Council Member Moss, City Council,APPROVED
MODIFIED CONDITIONS, Application of CHESAPEAKE BAY FOUNDATION, INC. for a
Modification of Conditions re environmental education center at 3663 Marlin Bay Drive (Approved
December 11, 2012)DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CHESAPEAKE BAY FOUNDATION, INC. for a Modification of
Conditions re environmental education center at 3663 Marlin Bay Drive
(Approved December 11, 2012) (GPIN 1489573361) DISTRICT 4 —
BAYSIDE
The following conditions shall be required:
All conditions of the December 11, 2012, Conditional Use Permit for Environmental Education Center
and two Wind Energy Conversion Systems shall remain in effect except Condition 1 shall be modified
and a new condition, Condition 15, as indicated below, shall be added.
1. When the property is developed, it shall be in substantial conformance with the exhibit entitled,
"Conditional Use Permit Site Plan exhibit, Chesapeake Bay Foundation LEARNING CENTER, "
dated July 9, 2019, prepared by the Tymoff+ Moss Architects, which has been exhibited to the
Virginia Beach City Council and is on file in the Planning&Community Development Department.
15. The elevation of the proposed building addition, off the eastern end of the existing building, shall
be in substantial conformance with the exhibit entitled, "CHESAPEAKE BAY FOUNDATION
CLASSROOM ADDITION,"dated July 7, 2019,prepared by the Tymoff+Moss Architects, which
has been exhibited to the Virginia Beach City Council and is on file in the Planning& Community
Development Department.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ist day of October 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
October 1, 2019
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68
ITEM—VI-L.4
PLANNING
ITEM#69658
The following registered to speak:
Randy Royal,Agent for Applicant, spoke in SUPPORT
Lewis Shadle,Applicant, 715 Arbor Court, Warrenton, VA, Phone: 202-820-0038 spoke in SUPPORT
David Pyzewski, 1308 Eaglewood Drive, Phone: 603-9122, spoke in OPPOSITION
Stephen Johnston, 2316 Enchanted Forrest, Phone: 468-1474, requested stricter lighting conditions
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 Tower,seconded by Council Member Wilson, City Council APPROVED,
AS PROFFERED, Application of VIRGINIA BEACH DIGIPORTS, LLC/TAYLOR FARMS LAND
COMPANY, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to
Conditional I-1 Light Industrial) re data center and mechanical yard at 2097 Harpers Road DISTRICT 6
—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VIRGINIA BEACH DIGIPORTS, LLC / TAYLOR FARMS LAND
COMPANY,LLC for a Conditional Change of Zoning from AG-1 &AG-
2 Agricultural Districts to Conditional I-1 Light Industrial)re data center
and mechanical yard at 2097 Harpers Road (GPIN 2405665160)
DISTRICT 6—BEACH
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 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1s`day of October 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
October 1, 2019
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4 ? CITY OF VIRGINIA BEACH
=` ,_ INTER-OFFICE CORRESPONDENCE
i
q�S - � 04'
OF OUR NP-00NS
In Reply Refer To Our File No. DF-10160
DATE: September 20, 2019
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson DEPT: City Attorney
RE: Conditional Zoning Application; Virginia Beach Digiports, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 1, 2019. I have reviewed the subject proffer agreement, dated July
16, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
Prepared by: Grady A. Palmer, Esquire (VSB#45730)
Williams Mullen
999 Waterside Dr., Ste. 1700
Norfolk, VA 23510
Title Company: BridgeTrust Title Group
GPIN: 24056651600000
VIRGINIA BEACH DIGIPORTS, LLC,
a Virginia limited liability company,
TAYLOR FARMS LAND COMPANY, LLC,
a Virginia limited liability company
To (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH,
a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this I day of Jiik. 2019, by and between
VIRGINIA BEACH DIGIPORTS, LLC, a Virginia limited liability company, Grantor; TAYLOR
FARMS LAND COMPANY, LLC, a Virginia limited liability company, party of the second part,
Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, party of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of one (1) parcel of property located
in the Beach District of the City of Virginia Beach, containing a total of approximately 19.38 acres,
designated as Lot 1 on the exhibit which is entitled "REZONING EXHIBIT FOR PROPOSED LOT
1 ON A PORTION OF PARCEL"A"AT TAYLOR FARM"dated July 10, 2019, prepared by Kimley-
Horn and Associates and attached hereto and incorporated herein by this reference is hereinafter
referred to as the "Property"; and
WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated
a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG1
and AG2 Agricultural Districts to Conditional 11 Light Industrial District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at
1
the same time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that
are not generally applicable to land similarly zoned are needed to cope with the situation to which
the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the
public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for in the 11 Light Industrial District by the existing overall
Zoning Ordinance, the following reasonable conditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map
relative and applicable to the Property, which have a reasonable relation to the rezoning and the
need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors, representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which shall restrict
and govern the physical development, operation, and use of the Property and hereby covenants
and agrees that this declaration shall constitute covenants running with the Property, which shall
be binding upon the Property and upon all parties and persons claiming under or through the
Grantors, their successors and assigns, grantees, and other successors in interest or title:
1. When the Property is developed, it shall be substantially in accordance with the
exhibit entitled "CONCEPTUAL SITE PLAN FOR DATA CENTER ON A PORTION OF PARCEL
"A" PROPERTY LOCATED AT 2097 HARPERS ROAD, VIRGINIA BEACH, VA" dated July 10,
2019 and prepared by Kimley-Horn and Associates.
2. The exterior of the data center building shall substantially adhere in appearance
and materials to the exhibit entitled "RENDERING OF NXTVN DATA CENTER AT TAYLOR
FARM" dated July 10, 2019 and prepared by Kimley-Horn and Associates.
3. The 110' right-of-way proposed on the "CONCEPTUAL SITE PLAN FOR A DATA
CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD,
VIRGINIA BEACH, VA" dated July 10, 2019 prepared by Kimley-Horn and Associates will be
dedicated to the City of Virginia Beach once the construction plans are approved by City staff and
a performance bond is properly posted for the improvements.
2
4. Further conditions may be required by the Grantee during detailed Site Plan review
and administration of applicable City Codes by all cognizant City agencies and departments to
meet all applicable City Code requirements.
All references hereinabove to the AG 1, AG2 and I1 Districts and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this
Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner
of the Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee
which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with
all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions and restrictions, including the authority (a) to
order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory or prohibitory
injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantors shall petition the governing body for the review thereof prior to instituting
proceedings in court; and
3
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors
and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
Virginia Beach DigiPorts, LLC,
a Virginia limited liability company
By: "t—' d f2° (SEAL)
Lewi E. hadle
Its Manager
Commonwealth of Virginia
City of Virginia Beach, to-wit:
The foregoing instrument was acknowledged before me this I1*day of I t d q
2019, by Lewis E. Shadle, Manager of Virginia Beach DigiPorts, LLC, a Virginia limited liability
company, Grantor.
Notary Public
\‘ PN Y FRgN�I��
My Commission Expires: 0 113 i 1 2 -u :� NOTARY 2;
Notary Registration Number: F7 �� l05 i • PUBLIC
•
:7: : REG. #7826519 .Q =
p MY COMMISSION;
EXPIRES
01/31/2023 .
O
�. FALTH aF���;
I,lllll� �
5
WITNESS the following signature and seal:
Grantor:
Taylor Farms Land Company, LLC,
a Virginia limited liability company
(Cf.ot,..AQ a(24tift,..)--e, (SEAL)
Linda T. happell
Manager
Commonwealth of Virginia
City of Virginia Beach, to-wit:
The foregoing instrument was acknowledged before me this i day of 31dt ,
2019, by Linda T. Chappell, Manager of Taylor Farms Land Company, LLC, a Virginia limited
liability company, Grantor.
(_ It:0 '11 I . L. 1-4_ 4 • Yi
Notary Public
My Commission Expires: Z/244/2OZ3
Notary Registration Number: #13?54CZ-
Coffintonweillh d
tldletible
Caravailolla TWIN
Ih()maim Wu Vartel3
6
EXHIBIT "A"
ALL THAT certain piece or parcel of land situated in the City of Virginia Beach, Virginia, and
known, numbered and designated as Parcel A, as shown on the plat entitled RESUBDIVISION
OF THE "TAYLOR FARM" (Instrument No. 20081009001183700), Virginia Beach, Virginia, dated
July 24, 2009, prepared by MSA, P.C., Environmental Sciences-Geosciences-Planning
Surveying-Engineering-Landscape Architecture, which is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20091023001239560.
IT BEING the same property conveyed to Taylor Farms Land Company, LLC, a Virginia limited
liability company by Deed of Distribution from The Taylor Group, LLLP, a Virginia limited liability
limited partnership, dated October 29, 2009 and recorded November 16, 2009 in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number
20091116001319430.
WHICH BEING A PORTION OF TAYLOR FARM PARCEL A IS DESIGNATED AS HAVING
APPROXIMATELY "19.38 AC. +/-" IN SIZE AND IDENTIFIED AS "LOT 1"AS SHOWN ON THAT
CERTAIN EXHIBIT ENTITLED REZONING EXHIBIT FOR PROPOSED LOT 1 ON A PORTION
OF PARCEL "A" at TAYLOR FARM, DATED JULY 10, 2019, WHICH WAS PREPARED BY
KIMLEY-HORN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT AT THE NORTHEASTERLY INTERSECTION OF DAM NECK
ROAD (VARIABLE WIDTH RIGHT-OF-WAY) AND THE SOUTHEASTERLY RIGHT OF WAY
LINE OF HARPERS ROAD (VARIABLE WIDTH RIGHT OF WAY) THENCE FOLLOWING THE
NORTHERN RIGHT OF WAY LINE OF DAM NECK ROAD IN A NORTHEASTERLY DIRECTION
A DISTANCE OF APPROXIMATELY 1,670 FEET TO A POINT BEING THE; TRUE POINT OF
BEGINNING;
THENCE; N 50° 18' 20" W, a distance of 21.20 feet along the right of way of Dam Neck Road to
a point; THENCE; S 84° 41' 40" W, a distance of 90.00 feet along the right of way of Dam Neck
Road to a point; THENCE; S 39° 41' 40"W, a distance of 7.07 feet along the right of way of Dam
Neck Road to a point THENCE; leaving the right of way of Dam Neck Road along a bearing of N
05° 16' 59" W, a distance of 146.13 feet to a point at the beginning of a tangent curve to the left
having a central angle of 29° 05' 31", a radius of 945.00 feet, a chord bearing and distance of N
19° 49' 44" W, 474.69 feet; THENCE in a Northerly direction, with said curve to the left, an arc
distance of 479.82 feet to a point; THENCE N 34° 22' 29" W, a distance of 366.76 feet to a point
for corner; THENCE S 15° 28' 41"W, a distance of 76.28 feet to a point; THENCE S 84° 41' 40"
W, a distance of 692.28 feet to a point; THENCE N 58° 01' 28" W, a distance of 461.11 feet to a
point; THENCE N 32° 02' 01" E, a distance of 322.84 feet to a point at the beginning of a tangent
curve to the right having a central angle of 01° 09' 47", a radius of 9838.07 feet, a chord bearing
and distance of N 32° 36' 45" E, 199.69 feet; THENCE in a Northerly direction, with said curve to
the right, an arc distance of 199.69 feet to a point; THENCE N 33° 11' 34" E, a distance of 391.59
feet to a point; THENCE S 57° 58' 00" E, a distance of 726.94 feet to a point; THENCE S 32° 02'
00"W, a distance of 300.00 feet to a point; THENCE S 57° 58' 00" E, a distance of 70.55 feet to
a point at the beginning of a nontangent curve to the right having a central angle of 143° 24' 58",
a radius of 90.00 feet, a chord bearing and distance of S 63° 52' 39" E, 170.90 feet; THENCE in
a Southerly direction, with said curve to the right, an arc distance of 225.28 feet to a point at the
beginning of a non-tangent curve to the left having a central angle of 42° 12'20", a radius of 45.00
feet, a chord bearing and distance of S 13° 16' 20" E, 32.40 feet; THENCE in a direction, with
said curve to the left, an arc distance of 33.15 feet to a point for corner; THENCE S 34° 22' 29"
E, a distance of 403.13 feet to a point at the beginning of a tangent curve to the right having a
central angle of 29° 05' 31", a radius of 1055.00 feet, a chord bearing and distance of S 19° 49'
7
44" E, 529.94 feet; THENCE in a Easterly direction with said curve to the right, an arc distance of
535.68 feet, THENCE S 05°16' 59" E, a distance of 156.08 feet to the POINT OF BEGINNING.
8
69
ITEM—VI-L.5
PLANNING
ITEM#69659
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED,AS
CONDITIONED, BY CONSENT, Application of SHENELL LATHAM / DONG JO KIM for a
Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 106 DISTRICT 4—BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SHENELL LATHAM/DONG JO KIM for a Conditional Use Permit re
assembly use at 4604 Pembroke Lake Circle, Suite 106 (GPIN
1478511874)DISTRICT 4—BAYSIDE
The following conditions shall be required:
1. The applicant shall obtain all necessary permits and inspections from the Planning
Department/Permits and Inspections Division. The applicant shall secure a Certificate of
Occupancy from the Building Official's Office for use of the existing building as an Assembly Use.
2. The maximum number of occupants of the building shall be as established by the City of Virginia
Beach Fire Marshall.
3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance
(CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of
the building or in any window, or on the doors. A separate sign permit shall be obtained from the
Planning Department for the installation of any new signs.
4. The hours of operation shall be limited to between 6:00 p.m. to 12:00 a.m., Monday through
Fridays, Noon to 12:00 a.m. on Saturdays, and from 2:00 p.m. to 12:00 a.m. on Sundays.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1 s`day of October 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
October 1, 2019
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70
ITEM—VI-L.6
PLANNING
ITEM#69660
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS
CONDITIONED,AS REVISED, BY CONSENT,Application of MICHAEL CARLSON/WILLIAM D.
FRIERSON, III for a Conditional Use Permit re automotive repair garage at 1181 Jensen Drive
DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MICHAEL CARLSON / WILLIAM D. FRIERSON, III for a
Conditional Use Permit re automotive repair garage at 1181 Jensen Drive
(GPIN 2417434300)DISTRICT 6—BEACH
The following conditions shall be required:
1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.
2. A separate permit from the Department of Planning & Community Development is required for
any new signage installed on the site.
3. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of
light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs
which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an
unauthorized manner to walls or other signs.
4. There shall be no portable or nonstructural signs or electronic display signs on the site.
5. No motor vehicles in a state of obvious disrepair shall be stored outside of the property. All such
vehicles shall only be permitted to be stored within the building.
6. There shall be no parking or storage of motor vehicles in the grassy area on the western side of the
building.
7. There shall be no outside storage of equipment,parts, tires or materials.
8. No motor vehicle repair work shall take place outside of the building.
9. No motor vehicles shall be parked within any portion of the public right-of-way. Parking of motor
vehicles associated with this Conditional Use Permit shall be limited to the spaces designated for
1181 Jensen Drive. No motor vehicles shall be parked within any portion of the public right-of-
way or on the private street Jensen Drive.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1S`day of October Two Thousand
Nineteen.
October 1, 2019
71
ITEM—VI-L.6
PLANNING
ITEM#69660
(Continued)
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
October 1, 2019
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72
ITEM—VI-L.7
PLANNING
ITEM#69661
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED,AS
CONDITIONED, BY CONSENT, Application of CHRISTINA MARCHIONE /BRUCE & SUSAN
WHITAKER for a Conditional Use Permit re automotive repair garage at 2601 Production Road, Unit
102 DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CHRISTINA MARCHIONE/BRUCE & SUSAN WHITAKER for a
Conditional Use Permit re automotive repair garage at 2601 Production
Road, Unit 102 (GPIN 1496884067)DISTRICT 6—BEACH
The following conditions shall be required:
1. A separate permit from the Department of Planning & Community Development is required for
any new signage installed on the site.
2. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of
light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs
which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an
unauthorized manner to walls or other signs.
3. There shall be no portable or nonstructural signs or electronic display signs on the site.
4. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such
vehicles shall only be permitted to be stored within the building.
5. There shall be no outside storage of equipment,parts, tires, or materials.
6. No motor vehicles shall be parked within any portion of the public right-of-way.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1st day of October 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
October 1, 2019
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73
ITEM—VI-L.8
PLANNING ITEM#69662
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS
CONDITIONED, BY CONSENT, Application of MONICA YVONNE LANCASTER for a Conditional
Use Permit re family day-care home at 1505 Colebrook Drive DISTRICT 1 —CENTERVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MONICA YVONNE LANCASTER for a Conditional Use Permit re
family day-care home at 1505 Colebrook Drive (GPIN 1465269585)
DISTRICT 1 —CENTERVILLE
The following conditions shall be required:
1. The Family Day-Care Home shall provide care for no more than twelve (12) children at any one
time, excluding the provider's own children and those who reside in the home.
2. The Family Day-Care Home shall have no more than one additional employee/volunteer, who does
not reside in the home, on the premises at any time.
3. The applicant/owner shall maintain a six (6)foot privacy fence around the perimeter of the rear
yard for the duration of the use.
4. This Conditional Use Permit is limited to the applicant only.
5. The arrival and departure times shall be staggered to avoid vehicular congestion.
6. There shall be only one Home Occupation, the Family Care-Day Home, operating on the property
associated with this Conditional Use Permit.
7. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot
in area, and mounted flat against the residence.
8. Prior to operation of the proposed use, the applicant shall obtain all necessary permits and
inspections from the City of Virginia Beach and obtain a Certificate of Occupancy from the
Building Official's Office for use of the house as a Family Day-Care Home.
9. The applicant shall maintain a license with the Virginia Department of Social Services for
childcare.
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 1st day of October 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
October 1, 2019
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74
ITEM—VI-L.9
PLANNING
ITEM#69663
Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council, APPROVED,
AS CONDITIONED, BY CONSENT, Application of T& S LAWN & LANDSCAPING, LLC for a
Conditional Use Permit re bulk storage yard at 400 Davis Street DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
T& S LAWN& LANDSCAPING,LLC for a Conditional Use Permit re
bulk storage yard at 400 Davis Street (GPIN 1467483476) DISTRICT 2
—KEMPSVILLE
The following conditions shall be required:
1. Category VI landscape screening, as described in the Virginia Beach Landscaping Guide, shall be
installed and maintained around the perimeter of the Bulk Storage Yard as depicted on the exhibit
entitled "Staff Recommended Site Layout,"which has been exhibited to the City Council and is on
file in the Planning Department along the northern and western boundaries of the Bulk Storage
Yard. A new solid six-foot fence shall be installed and maintained along the eastern and southern
boundaries of the Bulk Storage Yard.
2. All outdoor lighting shall be shielded to direct light and glare onto the premises;said lighting and
glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor
lighting fixtures shall not be erected any higher than fourteen (14)feet.
3. Storage containers shall not be stacked.
4. The bulk storage of materials on site shall not exceed ten (10)feet in height, must be located in the
storage area depicted on the plan, and not be located past the front of the building towards Davis
Street.
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 l'day of October 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
October 1, 2019
1.7
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75
ITEM VI-M.
APPOINTMENTS
ITEM#69664
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
BAYFRONT 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 AND ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
HISTORICAL REVIEW BOARD
INVESTIGATIVE REVIEW PANEL
OCEANA LAND USE CONFORMITY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
SOUTHSIDE NETWORK AUTHORITY
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
October 1, 2019
76
ITEM VI-M.
APPOINTMENTS
ITEM#69665
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
GEORGE R.KUHLMAN
(Represents—Director, Convention and Visitors Bureau-Ex-Officio)
No term
ADVERTISING 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
October 1, 2019
77
ITEM VI-M.
APPOINTMENTS
ITEM#69666
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
WALTER CAMP
Unexpired term thru 6/30/21
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
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
October 1, 2019
78
ITEM VI-M.
APPOINTMENTS
ITEM#69667
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
THOMAS ATHERTON,HI
RUTH BELL
MRS. JIMMIE KOCH
Two year term 9/18/19—9/30/21
BOARD OF BUILDING CODE APPEALS
—BUILDING MAINTENANCE DIVISION
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
October 1, 2019
79
ITEM VI-M.
APPOINTMENTS
ITEM#69668
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
THOMAS M.LEAHY
Unexpired term thru 1/31/20
BROADBAND STEERING COMMITTEE
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
•
October 1, 2019
80
ITEM VI-M.
APPOINTMENTS
ITEM#69669
Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED:
JASON BARNEY
CLAUDIA COTTON
JEANNE EVANS-COX
ROY FLANAGAN
KAREN FORGET
LAURA HABR
ALBERT HENLEY
JOHN OLIVIERE
One year term 11/1/19—10/31/20
GREEN RIBBON COMMITTEE
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
October 1, 2019
81
ITEM VI-M.
APPOINTMENTS
ITEM#69670
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
THOMAS M.LEAHY
(Represents-Alternate to the Board of Directors)
No Term
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
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
October 1, 2019
82
ITEM VI-M.
APPOINTMENTS
ITEM#69671
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
THOMAS M.LEAHY
Unexpired term thru 6/30/21
HAMPTON ROADS PLANNING DISTRICT 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
October 1, 2019
83
ITEM VI-M.
APPOINTMENTS
ITEM#69672
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
FAY SILVERMAN
(Represents-Mortgage Specialist)
TERESA STANLEY
(Represents—Citizen)
JESSICA GUGLIELMO
(Represents-Nonprofit Housing Organization)
Four year term 10/1/19—9/30/23
HOUSING ADVISORY 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
October 1, 2019
84
ITEM VI-M.
APPOINTMENTS
ITEM#69673
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
PEARL RENWICK
Student
Two year term 10/1/19—8/31/21
HUMAN RIGHTS 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
October 1, 2019
85
ITEM VI-M.
APPOINTMENTS
ITEM#69674
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
THOMAS M.LEAHY
No Term
OCEANA LAND USE CONFORMITY COMMITTEE
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
October 1, 2019
86
ITEM VI-M.
APPOINTMENTS
ITEM#69675
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
AILEEN SMITH
Ex-Officio
No Term
SOCIAL SERVICES 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
October 1, 2019
87
ITEM VI-M.
APPOINTMENTS
ITEM#69676
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
ROSEMARY WILSON
(Represents City Council Member—Ex Officio)
Four year term 11/15/19—11/14/23
SOUTHSIDE NETWORK AUTHORITY
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
October 1, 2019
88
ITEM VI-M.
APPOINTMENTS
ITEM#69677
Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED:
TIM McCARTHY
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
October 1, 2019
89
ADJOURNMENT
ITEM#69678
Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:56 P.M.
Terri H. Cheliu
Chief Depu City Clerk
A a arne MC Robert M. Dyer
City Clerk Mayor
City of Virginia Beach
Virginia
October 1, 2019
90
OPEN DIALOGUE
The following registered to speak:
Gray Edwards, 3836 Croonenbergh Way, Phone: 962-6258, spoke concerning water drainage in
Bowcreek
Dr.Al Brewster, 1128 York Lane, Phone: 410-474-1490, expressed appreciation to City Council for the
support offered to the victims'families affected by the May 31"tragedy
Barbara Messner, P.O. Box 514, spoke concerning appointments to Boards and Commissions
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, expressed appreciation to City Council and
requested consideration for appointment to the Development Authority
Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT of Rona Marsh
Andrew Jackson, 153 Upperville Road, Phone: 490-9190, requested City Council to direct an audit of tax
dollars.
ADJOURNED at 8:08 P.M.
October 1, 2019