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NOVEMBER 12, 2019 FORMAL SESSION MINUTES
I.; 2 t,r a in 9Tr-a , ,..,, OF OUR WA},O 4. VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 12, 2019 Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFINGS in in the City Council Conference Room, Tuesday, November 12, 2019, at 3:00 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 COUNCIL'S BRIEFINGS DISTRICT IMPROVEMENT PROGRAM ITEM#69732 3:00 P.M. Mayor Dyer welcomed Taylor Adams, Director — Economic Development. Mr. Adams expressed his appreciation to City Council for their continued support: City Council Informational Briefing District Improvement Plan (DIP) November 12, 2019 Taylor Adams, Director of Economic Development Here is the District Improvement Plan (DIP)Description: DIP Description • Similar to previous ViBe District Creative Matching Grant Program • Induce capital investment consistent with adopted district goals • $100,000 appropriation in Economic Development's operating budget • Districts can be anywhere in the City • District organizers to work with ED&SGA to define program • Organizations representing an area,district or commercial corridor may include: • Business Associations • Civic Leagues • Community Associations • Not for Profits • Applications developed by district around defined goals • Eligible applicants will be businesses/property owners November 12, 2019 3 CITY COUNCIL'S BRIEFINGS DISTRICT IMPROVEMENT PROGRAM ITEM#69732 (Continued) Here are the Eligibility Requirements: Eligibility • Small business with less than 50 employees • Applicant current on local licenses,taxes and fees • Must be in an approved district Ineligibility Uses • Chain businesses with more than 3 locations • National franchises • Places of worship • Residential buildings 3 Here are the Qualifying Improvements: Qualifying Improvements • Building Improvements • Modernization/Technology upgrades • Exterior Improvements • Enhanced Entrances or Storefronts • Lighting • Fencing • Signage • Landscaping • Parking Upgrades • Open Air Cafe 4 November 12, 2019 4 CITY COUNCIL'S BRIEFINGS DISTRICT IMPROVEMENT PROGRAM ITEM#69732 (Continued) Here are the Grant Parameters: Grant Parameters • Current Fiscal Year Funding of$100,000 • Requests between $1,000 and $10,000 • One grant—per business—per year(maximum) • First come—first served • Not an entitlement • Must allow for audit by City Here is an overview of the Selection Process: Selection Process • Applications submitted to Economic Development • Grant Review Committee(GRC)to meet quarterly • GRC evaluates and makes recommendations(notupprovo/s) • Resolutions presented for approval of payment • GRC to consist of at minimum: • City Council Representative(s) • City Manager/Deputy City Manager(or designee) • Economic Development Director(ordeslgnee/ • Planning Director(ordesrgneel 6 November 12, 2019 5 CITY COUNCIL'S BRIEFINGS DISTRICT IMPROVEMENT PROGRAM ITEM#69732 (Continued) Here is an overview of the Distribution of Grant Proceeds: Distribution of Grant Proceeds • Funds dispersed after demonstrated performance • Reimbursement requests submitted to Economic Development • Funding request reviewed by GRC • Payment voucher presented for approval • Improvements completed within 6 months • One extension may be requested reMe�=��,= o�a9vo,a�ee� City Council Informational Briefing District Improvement Plan (DIP) Questions: Mayor Dyer expressed his appreciation to Mr. Adams for the presentation. November 12, 2019 6 CITY MANAGER'S BRIEFINGS TRANQUILITY AT THE LAKES—SALE OF EXCESS CITY PROPERTY ITEM#69733 3:35 P.M. Mayor Dyer welcomed Karen Prochilo, Housing Development Administrator—Housing and Neighborhood Preservation. Ms. Prochilo expressed her appreciation to City Council for their continued support: SENIORS UNLIMITED LIFESTYLES, INC. TRANQUILITY AT THE LAKES II City Council Public Briefing Sale of Excess City Properties Karen Prochilo,Housing Development Dept.of Housing and Neighborhood Preservation November 12, 2019 Here is Tranquility at the Lakes Phase I—Background: Tranquility at the Lakes Phase I - Background Developer-Seniors Unlimited Lifestyles,Inc.(SUL)non-profit 501(c)(3) ......�— Owners—SUL Tranquility Lakes,LLC • Opened March 2017 �+�c +►w+ Operating 40 units at 5827 Burton Station Road o Fully occupied with 112 I I I persons on a waiting list 4 November 12, 2019 7 CITY MANAGER'S BRIEFINGS TRANQUILITY AT THE LAKES—SALE OF EXCESS CITY PROPERTY ITEM#69733 (Continued) Here is Tranquility at the Lakes Phase I—History: Tranquility at the Lakes Phase I - History / Located in the Burton Station Village- / Burton Station SGA Master Plan 2018 Li ! 1/1 update. Mixed-use/multi-use development to II�li�l'1meet the market demands for multi- family housing /' Ili' I - axi Anchors the corner of Burton Station and Tolliver Roads creating a desired urban I r l' ® F street presence. ! : Delivers affordable housing for seniors and disabled. a 1 Purchased 2 parcels(71,837 SF): - ( p II 1 _ _ r Parcel 1(65,519 SF):$705,000 in ■ 2015 ,` n Parcel 2(6,318 SF):$30,300 in av 2016. ! R FY 19/20 Assessment:$2,984,600. ..;,"4„‘ it ," ‘ -- .4...,�.3_ _ Annual Real Estate Taxes generated: r C The next two (2)slides provide an aerial view of the existing Tranquility at the Lakes property outlined in red, the proposed project in yellow, and purple lines depicting Burton Station and Toliver Roads: Tranquility at the Lakes s ..0 .` "f Nip+ ,� « t Location in Burton Station •:R January 2017 Housing Needs Assessment J . =\70, - } ' y� identified a lack of affordable housing unitsh ' ,—,, 61%of household seniors 65 yrs.8 older #yi' "r�¢� .z- _ (or 3 939)are rent burdened' "1 - - -"1 8,864 senior households have a household of income of less than 530.000/year' �r .p - SUL PROPOSAL: % r4.jfs,. -. 4 aF, - ¢ .,� a ,:let.- Purchase 4 city parcels 8 paper street -'' - . - directly across Tolliver Road from initial project - - L A ,:. i" Create 40 affordable senior housing units " - r SUL REQUEST: n A sale option from the city contingent on ,.a^ ----- e._ oblaining complete financing decisions by r July 2020 If Council approves the sale,DHNP would oordfnate with the developer 8 provide - 4 , .✓J` .-' financing to help make the project possible. 'Jam` ,;'7 1111.1 Trani Ai vat he Lakes PhanI - _33 -5527 Buren Sla:sn weed ° - November 12, 2019 8 CITY MANAGER'S BRIEFINGS TRANQUILITY AT THE LAKES—SALE OF EXCESS CITY PROPERTY ITEM#69733 (Continued) Tranquility at the Lakes Phases I & II at Proposed Tolliver Road , ., ...,,, . ,,...... 4,,,,,,,, .v. _0 .24 .-1- \ ilk ti, Phase II — f�','° �, ,, : Tranquility at the ' '` ' a Lakes Phase 1— 9 'fi g -.^., '" �.'ter. t f f • • 5827 Burton .. .} Station Road This chart provides Tranquility at the Lakes—Phase II, City Properties Assessed/Appraised: Tranquility at the Lakes - Phase II City Properties Assessed /Appraised -- Original Purchase COY Aw..wa V.las (Appraised Value) ` , FY Lazo 1a112016 Square Footage(SF) 65,618 SF 66,147 SF 65,147 SF , Value of Property $459,000 $173,000 $715,000 ( . Appasinet.Cast/SF $5.301SF 02671SF $1096/SF 85,618 S.F.(City Owned) 4 a ' Total City purchases:$459,000 in 2012/2013 65,147 S.F.(City Owned and Assessed at$173,900) ;; i r Assessed value is the unassembled 5 properties and estimated to w; t�f account for R.O.W. J ,5,147 S.F.(Appraised properties requested for purchase) ui Appraisal report indicates a$11.00/S.F.as shown assembled. November 12, 2019 9 CITY MANAGER'S BRIEFINGS TRANQUILITY AT THE LAKES—SALE OF EXCESS CITY PROPERTY ITEM#69733 (Continued) This proposal will help to relieve a demand for affordable senior housing and is compatible with housing programs as well as the Burton Station Master Plan: COMPATIBILITY • Relieves demand for Senior Citizens seeking affordable housing Tranquility at the Compatible with programs from Housing and q Y Neighborhood Preservation Lakes Phase II ; Consistent with Burton Station Master Plan that calls for mixed-use development to include multi- Compatibility family housing • Across Tolliver Road from current Tranquility at the Lakes facility • Adds density and a catalyst for future development Here is the Proposal and Recommendation: SENIORS UNLIMITED LIFESTYLES, (SUL) PROPOSAL Purchase the 5 city-owned properties directly across Tolliver Road from Initial project for$715,000. Tranquility I l It at the - A sale option from the city contingent on obtaining complete q Y financing decisions by July 2020 Lakes Phase II If Council approves the sale,DHNP would coordinate with the developer&provide financing through federal funds to help make the project possible. Proposal and Recommendation RECOMMENDATION Sell 5 city-owned properties for development at appraisal of $715,000 for a complementary senior housing facility • SUL is agreeable to paying the appraised value Return to City Council with formal proposal in December November 12, 2019 10 CITY MANAGER'S BRIEFINGS TRANQUILITY AT THE LAKES—SALE OF EXCESS CITY PROPERTY ITEM#69733 (Continued) Your questions, comments and direction Thank you Mayor Dyer expressed his appreciation to Ms. Prochilo for the presentation. November 12, 2019 11 CITY MANAGER'S BRIEFINGS STORMWATER OPERATIONS AND MAINTENANCE ITEM#69734 3:50P.M. Mayor Dyer welcomed Mark Johnson, Director and Phillip Koetter, Operations Engineer—Public Works. 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Council Member Moss advised the Virginia Beach Community Development Corporation (VBCDC) met November 6, 2019. The VBCDC has made progress on their budget and will provide a progress report based on the City Audit results. Council Member Moss further advised the State Audit results will be forthcoming with the results on the current condition of VBCDC's housing units. November 12, 2019 13 CITY COUNCIL LIAISON REPORTS ITEM#69736 (Continued) Council Member Wooten advised since the 2040 Vision to Action Community Coalition(2040 VTACC)was directed by City Council to gather feedback on the Comprehensive Plan Survey, they have received negative feedback and are having dculty moving forward. Mayor Dyer expressed his appreciation to the 2040 VTACC members for the work they are doing and advised while there is sometimes negativity from citizens, he is hopeful that there will be positive feedback to overcome the negativity. Council Member Moss advised he made a post on Facebook to encourage citizens to take the survey and make their voices heard. November 12, 2019 14 CITY COUNCIL COMMENTS ITEM#69737 4:59 P.M. Council Member Abbott distributed the following: • Draft Ordinance; to dedicate a percentage of dome project revenues to stormwater improvements • Draft Resolution; to direct the City Manager to explore creating a Stormwater Fee Reduction Program and to report the feasibility of such program to City Council • Draft Resolution; to create the Urban Agriculture Advisory Committee • Draft Resolution; to request the Circuit Court to order a referendum election be held on November 3, 2020, on the question of whether the members of City Council who represent each of the City's seven (7)residence districts should be elected on a district-basis rather than an At-Large basis. All drafts are attached hereto and made a part of the record. Council Member Abbott requested City Council Members review the drafts and provide feedback, advising the proposed Ordinance to dedicate a percentage of dome project revenues to stormwater improvements will be considered on November 19`h and the proposed Resolutions will be brought forward at the end of the year. November 12, 2019 REQUESTED BY COUNCILMEMBER ABBOTT 1 AN ORDINANCE TO DEDICATE DOME 2 PROJECT REVENUES TO STORMWATER 3 IMPROVEMENTS 4 5 WHEREAS, the Dome Project has the potential to generate substantial revenues 6 for the City's General Fund; 7 8 WHEREAS, based on preliminary estimates, the expected annual amount to be 9 generated for the City's General Fund is $2,816,508 with an additional $1,912,897 10 estimated for Schools; 11 12 WHEREAS, the City's stormwater and flood mitigation requirements exceed the 13 current funding in the City's Stormwater Fund; 14 15 WHEREAS, the Council desires to dedicate a portion of the Dome Project 16 revenues that would otherwise flow into the City's General Fund to the City's Stormwater 17 needs. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 The City Council hereby dedicates 25% of the General Fund revenues generated 23 by the Dome Project for Stormwater improvements. Adopted by the Council of the City of Virginia Beach, Virginia, on the _day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14924 R-1 November 4, 2019 REQUESTED BY COUNCILMEMBER ABBOTT 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO EXPLORE CREATING A STORM WATER FEE 3 REDUCTION PROGRAM AND TO REPORT THE 4 FEASIBILITY OF SUCH PROGRAM TO COUNCIL 5 6 WHEREAS, the City has a Stormwater Management Utility that has three 7 component parts: Flood Control; Water Quality Regulation Compliance; and Stormwater 8 Operations and Maintenance; 9 10 WHEREAS, the City's Stormwater fee is structured to provide a set fee amount, 11 called the Equivalent Residential Unit or ERU rate, for each developed residential 12 property and an amount based on the impervious surface area multiplied by a factor and 13 the ERU rate for developed multifamily properties and developed nonresidential 14 properties; 15 16 WHEREAS, the City of Norfolk offers a Stormwater fee reduction program (the 17 "Norfolk Program") to encourage commercial and residential property owners to take 18 measures to reduce the amount of pollutants entering the stormwater system; 19 20 WHEREAS, for residential properties, the Norfolk Program provides fee credits for 21 various enhancements such as rain barrels, grass swales, rain gardens and green roofs; 22 23 WHEREAS, for non-residential properties, the Norfolk Program provides fee 24 reductions based on the storm water management facility's efficiency rating; and 25 26 WHEREAS, the Council would like to provide direction to the City Manager to 27 explore creating a stormwater fee reduction program such as the Norfolk Program; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Manager is hereby directed to investigate the creation of a stormwater 33 fee reduction program and to report the feasibility of such program to City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14922 R-1 October 30, 2019 CITY OF NORFOLK PUBLIC WORKS Fee Reduction prog s k ..,,,:„7,;,,,:i:::, ,i_,._.:,_ .i„_ ,:,,,t_:c,„.,,,._-:„._,:,,,..;„:;;;:„.-.: ,....c„,.,,..,;i,liftz_,,,?:;!-?4.tr,l,t,7,,,*,, .-,,,,---- 1 , g 1 # 3 i \, \1 \ \ 11 \ 1 1 \' \ 1 \ 1 \ 11 \ \ \ \ k \ \ i ' / I 11 1 II :: " i' IIIi / 111 / ways you can reduce your stormwater fee This Policy supersedes and repeals all prior policies or regulations on this subject. • r 1 _ 'C r r,<,t.,axe.i .; fi £' f g tea. a r"" , a :.". ; _'a _, • HRH ' Iuu s wet. ANPF.Fwn Y1#0111/1 1 Why Norfolk has a Stormwater Fee... The City of Norfolk is mandated under the City currently assesses all property owners a Municipal Separate Storm Sewer System (MS4), fee based on a 2,000 square foot equivalent Phase !Virginia Pollutant Discharge Elimination residential unit (ERU). This fee is utilized to System (VPDES) permit to reduce pollutants cover the cost of services for the collection, from storm water runoff. In the absence of treatment and discharge of storm water runoff. federal and state funding,revenue for the This fee structure is comparable to the fees environmental storm water management charged by other Hampton Roads Phase program is derived primarily from storm wa- municipalities,including Newport News, ter fees outlined in Chapter 41.1 of the City Hampton,Chesapeake, Portsmouth and Code and §15.2-21 14 of the Virginia Code. The Virginia Beach. Fee Reductions = Pollution Reductions The City of Norfolk's Environmental Storm program is intended to provide incentives for Water Fee Reduction policy is designed pollution reduction efforts. to encourage commercial,industrial,and residential property owners to take measures In order to receive the reduction from the which can reduce the impact their properties storm water utility,the property owner must have on the quality of our waterways by submit an application including required reducing the amount of pollutants entering the supporting documentation to the Director of storm water system. It is important to note Public Works or his designee for review and that the storm water fee reduction approval. Now It Works.... Fee charges under the Environmental Storm Wa- ._ •- '� ," ter Management Program may be reduced under a the following circumstances: �� • Installation of Residential (one but no more 4;` „_:'b�A44,0,, -; 1 , Alf than four residential/dwelling units) storm .M 'Or".Ve , - . ,,,,,' water management facilities " ..--,. -- • Installation of Non-residential (property R°Wential tun°" , u,�;runoff "' not meeting the residential criteria, including, :Antifreez1allee •Od strial s but not limitied to,industrial,commerical, •Ferrer •lndustrialwaste Cleaning products recreational,cultural,multi-family-5 units or , •Pesticides Perot Solvents more) storm water management facilities t See City code 41.1-1 for complete definitions :a ,. w � ,, s Fee reduction criteria are routinely reviewed .• , * .¢ #� Iakr by City staff to ensure compliance with the r _ !"--► reduction program. If the City determines the site characteristics surrounding the reduction ,� .°'' C ffi ; ' ter` are no longer valid,the discount shall be A - y - M #: -4 '1 eliminated from the account. Because the .5 reduction is designed to reduce pollutants entering the storm water system,the fee discount may be eliminated if the property The maximum reduction any one entity owner is found to violate City Code 41.1-4, may receive through this reduction program Pollution of the Storm Water System. is a 60% reduction in their total storm water utility fee. When comparing total land use If a property owner desires to modify their of impervious area within Norfolk,40% is request,a new application must be completed publicly owned and is of benefit to all property and submitted. owners within Norfolk. Therefore everyone must contribute to the maintenance of the system. .. ► - What is a SWMF? '--it ,13..,? _E.„4,:i . ''":''- ;4. .I4tu.t;.aa Storm Water Management Facilities (SWMF) `''- N 441y$r,' f l ., V are facilities which have been shown to be w effective in helping to remove pollutants from "f , '';r, , storm water runoff. As an incentive for SWMF t. "`.$ `� construction,storm water fee reductions may :: be given for construction and maintenance of 1. SWMFs as outlined in the current 4 Norfolk Design & Construction Manual. These SWMFs,when properly constructed and maintained, have been shown to reduce runoff pollution from the site. e L[cll[Er[ Fee a T ©i e l The City is providing a discount to residential Garden Guide,or other City approved design property owners who install storm water specifications. Multiple SWMFs may be installed management facilities (SWMF) voluntarily on per property to stack load reductions;however, their property to aid in storm water (sw) runoff the stacked SWMFs may not treat the same and/or pollutant removal. The discount will be drainage area. The maximum credit per site based on the type of SWMF installed on the is 60%. residential property and the area treated. Once your SWMF has been approved and installed,homeowners are required to complete an annual inspection report Example: on June I st each year thereafter for Property owner installs continued fee reduction consideration. I rain garden and 2 rain barrels In order to qualify for a storm water fee 20% credit rain garden reduction,the SWMF design and related + 10% credit rain barrel calculations must be developed and reviewed + 10% credit rain barrel by the City's Storm Water Engineer or his = 40% fee reduction designee. The design of the SWMF shall meet the minimum drainage requirements as outlined Multiple SWMFs may be installed per property to in Table I and comply with the Norfolk Design stack load reductions,but they may not treat the same & Construction Manual,Virginia Storm Water drainage area. BMP Clearing House Manual,Virginia Tech Rain Residential SWMF Inspections Residential SWMF Construction The SWMF inspector will perform The SWMF must be installed as outlined inspections throughout the installation in the plan.Consultation with a qualified process to ensure compliance with the contractor is recommended, but not required. approved plan requirements. Any supporting Property owners are required to follow all local, documents providing proof that the SWMF State,and Federal laws and acquire all required was installed and functioning as designed must land disturbing,construction,and environmental be provided to the City prior to any rate permits.Site plan review may be required. reduction. The property must be fully stabilized to avoid sediment runoff prior to the reduction being approved. The owner must complete an annual inspection of the SWMF. Inspections should include a The City may inspect the SWMF at any time photo of the SWMF and a written summary during the year.If the on-site stormwater of any discrepancies with the SWMF and corrective actions taken. The inspection should storage is no longer functioning or has not been maintained,the City reserves the right be submitted to the Division no later than to cancel the credit for up to three years. June I of each year and will be retained by the Division. Failure to submit the annual inspection will void the rate reduction starting on July I. 4 Table 1:Residential SWMF Options SWMF Types Visual % Credit Min Other Required Drainage Documentation Area (sf) i -, 10 300 Barrel Volume I Roof Area Rain Barrels Treated (sf) r. ,, 10 500 Drainage Area Treated I Swale Grass Swale iii length and average depth 10 N/A Planting Plan I Drainage Area G Buffer Area P,94 Buffer Length &Width s Nutrient 10 100% of Approved Plan Management the site Plan F. 40111." 10 300 Rain Cistern Volume I Roof Area Cistern Treated (sf) I Water Use 20 500 Planting Plan I Drainage Area Bioswale = % F Treated I Swale length and .:c. average depth `." 20 500 Planting Plan I Drainage area treated Surface area and Rain Garden average depth Permeable g 0 °-t ,,.f.. 20 300 Drainage area treated I Surface t1 „, r: Pavement with .,:3 8`rf, , area of pavement Underdrain f '' Rooftop 20 300 Length &Width of flow path Disconnect Amendment Depth -i with Soil A. Amendments ^_ ` * 50 800 Green Roof Surface area Green Roof _ Planting Plan Living 50 N/A Planting Plan I Applicable Permits I Length and Width of shoreline Shoreline project 5 Residential SWMF Definitions Rain Barrels/Cisterns: A tank used to catch reservoir underneath.The reservoir temporarily rainwater running off roofs from a downspout. stores surface runoff before seeping it into the Nutrient Management Plan:Program designed soil below.Gravel is not considered pervious to manage the amount,source,placement,form pavement. and timing of the application of nutrients and Rooftop/Downspout Disconnect:This is the soil amendments process of separating roof downspouts from the Vegetated Filters:Bioswale,Grass Swale, Buffer storm system and redirecting roof runoff onto Area.These are areas of dense turf,meadow pervious surfaces where soil amendments have grasses,trees or other vegetation with a been applied,most commonly a lawn. minimum slope to absorb runoff from roof Green Roof:Living roof is a roof of a building downspouts. that is partially or completely covered with Rain Garden:Rain gardens are landscaped areas vegetation and a growing medium,planted over slightly below ground level that capture and a waterproof membrane. filter stormwater runoff from a roof or other living Shoreline:A shoreline protection option impervious (paved) surface. that allows for natural coastal processes to Permeable Pavement:Pervious pavement remain through the strategic placement of may include concrete blocks,grid pavers,or plants,stone,sand fill,and other structural and pervious concrete or asphalt with a stone organic materials. , ,, - , , A . ' .AL. lir.1, , "lir; ,-;::: l��! � 6a I. d4 '` V _�rv '7�i� lr� ilf k z t o 5'q� t_, I I_ ,i,_ - T �1 R BBBB/ ,,',, ', (11 itil 1 -i V ,; , , i'�.'4 &A yr: 1.._, ,411'1 ,e. ' , —�i„ r: iwI=ie ' ei r 1 ' -AT Fee Te i TEE-Ti_ JiLI1IE[ As an incentive for SWMF construction,fee The percent fee reduction will be computed reductions will be allowed for construction to the nearest percent using the following of approved SWMF's which reduce runoff formula: pollution from the site. In order for a non- residential property to qualify for a storm % Fee Reduction water fee reduction,the SWMF design and = related calculations must be developed and (% SWMF Efficiency Rating) certified by a professional engineer or surveyor (Area served by SWMF in acres/ licensed to practice in the Commonwealth of Total Site Area) Virginia. Pollutant loadings and SWMF Multiple SWMFs may be installed for each property effectiveness must be computed in accordance to stack load reductions;however,the stacked SWMF with the methods outlined in the Norfolk may not treat the same drainage area. Design & Construction Manual. Up to 60%maximum credit per site 6 Non-Residential SWMF Construction ` # s When constructing SWMFs,site plan review , ,. : " - requirements and criteria must be followed. g*.__ '- P:,..,L,- 4 444:,, Alfri . The design will be reviewed and approved ' , 44....t 7I ±. ,. . ._ , through the site plan review process. If the formal process is not required (due to size �� limitations),the requirements and criteria still "� I" ' apply and the Division's Storm Water Engineer ` — -. or his/her designee must review the proposed site plan prior to installation. A Declaration Non-Residential SWMF Inspections of Covenants must be signed by the property owner and filed with the Clerk of the Court The SWMF inspector will perform inspections prior to approval from the Division (copy of the throughout the installation process to ensure Declaration will be kept on file at the Division). compliance with site plan requirements. Any as-built or certifications providing proof that the A pre-construction meeting shall be arranged with the City's SWMF inspector at a minimum SWMF was installed and functioning as designed 48-hours prior to construction. The SWMF must be provided to the City prior to any rate reduction. The property must be fully stabilized must be installed as outlined in the plan. Any modifications must be made by the engineer to avoid sediment runoff prior to the reduction of record and the site plan adjusted as such, being approved. with approval from the Division. All sediment The owner must complete annual inspections of control measures must be installed prior to the SWMF. Inspections must be completed by a any land disturbing activity. All land disturbing certified inspector and documented along with permits and General Construction and all discrepancies noted and corrective actions Environmental Permits must be obtained taken. These annual reports will be submitted where necessary. to the Division no later than June I of each year. -4z,7,.., ` VIVA The . .. � ; t - inspection forms will be retained by the ,• Division for the specific SWMF installed. -;;. Failure to submit the annual inspection reports A . will void the rate reduction starting on July I. s., The following items must be completed and .sir, - s submitted with your application to the 410\x r\z ,440.1, x "• Division to receive the reduction. #y � �'�;, _�f R • Completed application for the Storm Water � wri s , _ Fee Reduction/Waiver 1 1.4" .„ 4 - a • Proof of ownership of the facility - • Storm water system maintenance schedule • Site Plan and Water Quality Calculations The City may inspect the SWMF at any time during the year. If the on-site stormwater storage is no longer functioning or has not been maintained,the City reserves the right to cancel the credit for up to three years. 1 Residential and Non-Residential Application Checklist Q Applicant Name: Name of individual property owner Storm Water Management Facilities (SWMFs) installed on a property must be Q Property Address: maintained to ensure continued function. List address number and street name 1Ctmons on Cre Include city and zip code. . Trans er of credit: Q Mailing address include if different from The property credit applies only to the property address. applicant.Credits do not transfer if home ownership changes.A new application must Q Parcel ID number: be submitted for new account holders to Each piece of land has its own parcel ID receive the credit. number.This information can be found on The SWMF must meet all applicable City the City's website under Norfolk Air of Norfolk building,planning and zoning code requirements. Q Phone number: The primary contact for the applicant The City may inspect the SWMF at any time Q Email address: during the year. If the on-site stormwater The primary contact for the applicant storage is no longer functioning or has not been maintained,the City reserves the right Q Credits applying for: to cancel the credit for up to three years. Select the credit for which the applicant is applying. If you are doing a residential project,check the first box.The other options relate to commercial properties Fee reductions associated with SWMF and apartment complexes. installation on residential and non-residential properties will become SWFM type applying for effective starting the first day of the Check ALL that apply following month after approval from the Director of Public Works or his Q Attach ALL SWMF plans. designee.Retroactive rates reductions will not be considered. Rate Q Checked and complied with all reductions will be reviewed by the applicable City codes Director of Public Works or his designee annually during the month of Q Applicant signature/date June to ensure continued compliance with the rate reduction requirements. Failure to submit annual inspection Questions? Call 823-4010 or send a letter reports for the previous year by June I may void the storm water rate to SW Fee Reduction Program, reduction starting on July I and would Attn.,Storm Water Engineer, require reapplication. 2233 McKann Ave,Norfolk VA 23509 8 Stormwater Credit General Application Applicant Name: Property Address: City/Zip: Mailing address: (if different than property address) City/Zip: Parcel ID number: Phone Number: Email address: Check One: ❑This is the first credit application for this property. ❑This is a credit renewal request. ❑This is a reapplication after a credit suspension. Credit applying for: ❑ Single-family residential property - Complete Part 2 on next page ❑ Multi-family/non-residential SWMF - Supply Supporting Documentation • Proof of ownership • Storm water maintenance schdule • Copy of approved site plan • Copy of storm water calulations • As builts or certifications if applicable Applicant/Contact Signature: Date: Mail to:City of Norfolk,Stormwater Utility,Attn:Stormwater Credit Applications 2233 McKann Avenue, Norfolk,VA 23509 9 Single Family Residential Stormwater Credit Application - Part 2 Applicant Name: Parcel ID Number: Credit Applying For:Check all that apply ❑ RAIN GARDEN Drainage Area Treated: Surface area & average depth: Date of construction: ❑ Planting plan attached ❑ ON-SITE STORM WATER STORAGE ❑ Rain barrels ❑ Cistern ❑ other Roof area treated (sf): Volume of on-site storage gallons Water use: ❑ PERMEABLE PAVEMENT WITH UNDERDRAIN ❑ Paving blocks ❑ grid or grass pavers ❑ pervious concrete or asphalt Surface area of pavement (sf): Drainage area treated (sf): ❑ Stone reservoir is at least 10 inches deep at all points ❑ Compliant with city code ❑ VEGETATED FILTER ❑ Bioswale ❑ Living Shoreline ❑ Buffer area ❑ Grass swale Drainage area treated (sf): Length & average depth: ❑ Planting plan attached ❑ LAWNCARE NUTRIENT MANAGEMENT PLAN ❑Approved plan attached ❑ GREEN ROOF Roof surface area (sf): ❑ Planting plan attached ❑ ROOFTOP DISCONNECTS WITH SOIL AMENDMENTS Length & width of flow path (sf): Amended soil depth (sf): ❑ PHOTOGRAPH OF MEASURE AS INSTALLED IS ATTACHED 10 Single Family Residential Stormwater Credit Application - Part 2 Sketch of property with SWMF shown. (Attach additional plans as needed) All applicable local codes: (initial) I,the applicant, have complied with all local codes applicable to the installation of the SWMF. Owner certification: (initial) I hereby certify that I own and live at the property and I further declare, under penalty of perjury,that the information provided by me in this application is the truth to the best of my knowledge and belief. Applicant/Owner Signature: Date: Mail to: City of Norfolk Public Works,Stormwater Utility,Attn: Stormwater Credit Applications 2233McKann Avenue, Norfolk VA 23509 11 City of Norfolk, Stormwater Utility 2233 McKann Avenue Norfolk,VA 23509 757.823.4010 www.norfolk.gov THE CITY OF SM Nci" RFOL PUBLIC WOR<S Adopted: October 2016 REQUESTED BY COUNCILMEMBER ABBOTT 1 A RESOLUTION TO CREATE THE URBAN 2 AGRICULTURE ADVISORY COMMITTEE 3 4 WHEREAS, the City Zoning Ordinance was enacted to promote and protect the 5 health, safety and general welfare of the people of the City; 6 7 WHEREAS, the ordinance implements the comprehensive plan of the City by 8 encouraging the most desirable use of land for residential, agricultural, commercial, 9 industrial, and other purposes by good civic design and arrangement, among other 10 things; 11 12 WHEREAS, the AG-1 and AG-2 Agricultural Districts were implemented to protect 13 and preserve agricultural lands for agricultural functions and to protect and preserve 14 agricultural lands and activities in the rural areas of the City in harmony with reasonable 15 levels of rural residential development; 16 17 WHEREAS, City Code § 5-543 restricts persons who live in zoning districts other 18 than the Agricultural Districts from possessing what may be colloquially known as 19 barnyard animals, including poultry and swine, and the Zoning Ordinance prohibits 20 persons who do not live in Agricultural Districts from engaging in certain agricultural 21 activities; 22 23 WHEREAS, several City residents who desire to own backyard hens or other 24 animals but are unable to do so because their homes are not in an Agricultural District 25 have asked the Council to consider amending the City Code to allow such ownership; 26 27 WEHREAS, the City Council would benefit from receiving advice and 28 recommendations of a citizens committee composed of persons with experience in 29 agricultural matters as wells as residents who do not live in Agricultural Districts to 30 determine the best paths forward with respect to agriculture in urban areas. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA, THAT: 34 35 1 . The City Council hereby establishes the Urban Agriculture Advisory 36 Committee. 37 38 2. The committee shall serve in an advisory capacity to the City Council, and 39 the City Council shall appoint its members. 40 41 3. The Committee shall consist of up to eleven members and should include 42 persons with agricultural expertise along with residents of urban areas. 43 44 4. Staff support shall be provided by the Planning Department along with 45 representatives of the Department of Agriculture, the Department of Housing and 46 Neighborhood Preservation, the Health Department and the City Attorney's Office. 47 48 5. The committee shall study issues referred to it by the City Council, the first 49 of which is the issue of backyard chickens in districts not zoned for agriculture, and it shall 50 provide the City Council with recommendations that promote the health, safety and 51 welfare of the City's residents. 52 53 Adopted by the City Council of the City of Virginia Beach, Virginia on the 54 day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 14928 R-1 November 8, 2019 2 , REQUESTED BY COUNCILMEMBER ABBOTT 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 3, 2020 ON THE QUESTION OF WHETHER 4 THE MEMBERS OF CITY COUNCIL WHO REPRESENT 5 EACH OF THE CITY'S SEVEN RESIDENCE DISTRICTS 6 SHOULD BE ELECTED ON A DISTRICT-BASIS RATHER 7 THAN AN AT-LARGE BASIS 8 9 WHEREAS, in 1966, the General Assembly adopted an Act of Assembly that 10 amended the City Charter to provide that the City Council "shall consist of eleven 11 members, one to be elected by the city at large from among the residents of the seven 12 boroughs and four to be elected by and from the city at large;" and 13 14 WHEREAS, subsequent charter revisions substituted the term "districts" for 15 "boroughs" and provided that the mayor shall be directly elected by the voters, but no 16 change has been made to the requirement that all councilmembers be elected on an at- 17 large basis; and 18 19 WHEREAS, in 1994, a referendum election was held in which a majority of voters 20 supported a charter change to require that the seven districts be of roughly equal 21 population and that district members be elected on a district basis rather than by all of the 22 City's voters; and 23 24 WHEREAS, in 1995, the General Assembly amended the City Charter to provide 25 for roughly equal residence districts, but instead of providing for district voting, the charter 26 amendment required a new referendum election on the sole question of whether district 27 members should be elected only by district residents; and 28 29 WHEREAS, in 1996, the new referendum election was held, and a majority of 30 persons voting opposed the proposed change to have district members elected only by 31 district residents; and 32 33 WHEREAS, district-based voting systems could enhance councilmembers' 34 accountability to district residents, would better ensure that district members represent 35 the interest of their district constituents, and could also reduce campaign costs which 36 would lessen a barrier faced by potential candidates who otherwise would need to finance 37 a City-wide campaign; and 38 39 WHEREAS, a change to district-based voting could result in a more diverse City 40 Council that better reflects the changing demographics of the City; and 41 42 WHEREAS, City Charter § 3.05(f) authorizes City Council "[t]o provide for the 43 submission of any proposed ordinance to the qualified voters of the city at an advisory 44 referendum to be initiated by a resolution to the circuit court of the city and held . . . in the 45 manner provided for by law for general elections"; and 46 47 WHEREAS, City Council is of the opinion that a referendum election should be 48 held on this issue during the November 3, 2020 general election because historical data 49 show that the highest level of voter turnout occurs during presidential elections, where 50 both houses of Congress are also on the ballot, and the anticipated higher turnout for 51 such an election would provide City Council with a more reliable indicator of the will of 52 Virginia Beach citizens than if the referendum were held in a year without such an 53 election. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 1 . That, pursuant to § 3.05(f) of the Charter of the City of Virginia Beach, the 59 Circuit Court of the City of Virginia Beach is hereby requested to order an election to be 60 conducted in accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on 61 November 3, 2020 to take the sense of the qualified voters of the City on the question of 62 whether the City Council should adopt an ordinance requesting a change to the City 63 Charter that would provide for the election of councilmembers who represent each of the 64 City's seven residence districts only by voters who reside in the respective residence 65 districts, as opposed to the current system of at-large voting. 66 67 2. That the question to appear on the ballot shall read as follows: 68 69 Should the City Council adopt an ordinance requesting a change to 70 the City Charter that would provide for the election of councilmembers 71 who represent each of the City's seven residence districts only by 72 voters who reside in the respective residence districts, as opposed to 73 the current system of at-large voting? 74 75 Yes No 76 77 3. That, if a majority of voters voting at the election approve the question set 78 forth above, any ordinance that may be adopted by the City Council shall be substantially 79 similar to the proposed ordinance attached hereto as "Exhibit A;" 80 81 4. That a copy of the proposed ordinance shall be made available for 82 inspection at the City Clerk's Office, on the City's website, and all public libraries and 83 recreation centers within ten days of the passage of this resolution. Furthermore, the City 84 Clerk shall fax or email a copy of the proposed ordinance to any citizen upon request; 85 and 86 2 87 5. That the City Attorney is hereby directed to file a certified copy of this 88 resolution, along with an appropriate petition and order, with the Circuit Court of the City 89 of Virginia Beach for such an election to be held on November 3, 2020. 90 91 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 92 of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14602 R-2 October 30, 2019 3 EXHIBIT A 1 AN ORDINANCE REQUESTING A CHANGE TO THE CITY 2 CHARTER THAT WOULD PROVIDE FOR THE ELECTION 3 OF COUNCILMEMBERS WHO REPRESENT EACH OF THE 4 CITY'S SEVEN RESIDENCE DISTRICTS ONLY BY 5 VOTERS WHO RESIDE IN THE RESPECTIVE RESIDENCE 6 DISTRICTS, AS OPPOSED TO THE CURRENT SYSTEM 7 OF AT-LARGE VOTING 8 9 WHEREAS, a majority of the qualified voters of the City of Virginia Beach who 10 voted at an advisory referendum held on November 3, 2020, expressed support for City 11 Council's adoption of an ordinance requesting a change to the City Charter that would 12 provide for the election of councilmembers who represent each of the City's seven 13 residence districts only by voters who reside in the respective residence districts. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That City Council hereby requests that the General Assembly amend the City's 19 Charter to provide for the election of councilmembers who represent each of the City's 20 seven residence districts only by the voters who reside in the respective residence 21 districts. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 24 , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14603 R-1 January 4, 2019 15 CITY COUNCIL COMMENTS ITEM#69738 (Continued) Council Member Moss provided recent statistical data on the National and State average wages and cost of living. Council Member Moss advised while the City's average hourly wage is lower, the cost of living is 18%above the national average. The City Council should be mindful of the fiscal capacity of the City's residents is during the upcoming budget. November 12, 2019 16 CITY COUNCIL COMMENTS ITEM#69739 (Continued) Mayor Dyer distributed a draft Resolution to Reestablish the Citizens Committee on Boards and Commissions, attached hereto and made a part of the record. This will be considered on November 19t. Mayor Dyer advised the Citizens Committee will be comprised of up to eleven (11) members and will provide recommendations on updating the current Boards and Commissions governance. November 12, 2019 1 A RESOLUTION TO REESTABLISH THE 2 CITIZENS COMMITTEE ON BOARDS AND 3 COMMISSIONS 4 5 WHEREAS, the City has been well-served by the hundreds of citizen volunteers 6 who comprise the City's boards, commissions, committees, authorities, councils and 7 other advisory bodies; 8 9 WHEREAS, in 2003, a City Council-appointed Citizens Committee on Boards and 10 Commissions made recommendations regarding all aspects of the City's boards and 11 commissions. Since then, most of the recommendations have been implemented, but 12 the boards and commissions could benefit from a fresh look aimed at identifying potential 13 improvements to the appointment process and best practices for board operations and 14 staffing; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. The City Council hereby reestablishes the Citizens Committee on Boards 20 and Commissions. 21 22 2. The committee shall serve in an advisory capacity to the City Council, and 23 the City Council shall appoint its members. 24 25 3. The Committee shall consist of up to eleven members and should include 26 residents who have served on a City board or commission, including a designee of the 27 Process Improvement Steering Committee. 28 29 4. Staff support shall be provided by the City Clerk's Office, the Office of 30 Volunteer Resources, the STiR Office, and the City Attorney's Office. 31 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia on the 34 day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Clerk's Office City Attorney's Office CA14929 R-1 November 8, 2019 17 AGENDA REVIEW SESSION ITEM#69740 5:09 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES 1. Resolution to APPOINT Jessica C. Koepf as Associate City Attorney, effective October 24, 2019 2. Resolution to REQUEST the General Assembly for$10-Million (cash) and$20-Million (interest free loan) to the City during its Special Session of November 18, 2019 re recovery from the events of May 31' 3. Resolution to ALLOW Virginia Beach, Chesapeake, Portsmouth, Norfolk and Suffolk to ESTABLISH a Broadband Authority under the Virginia Wireless Services Act 4. Ordinances to AMEND City Code Section: a. 7-58.1 re motorized scooters in the Resort Area and ADD Section 7-58.2 to require entities that offer sharable motorized mobility devices for hire to have a franchise license b. 21-230 re designation of Sullivan Boulevard between Aragona Boulevard and Haygood Road, Red Mill Boulevard between General Booth Boulevard and Warner Hall Drive to the Traffic Calming Ordinance 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Croatan Beach at the rear of 538 South Atlantic Avenue re maintain existing sprinkler system, stone bench wall, and construct walkway with stairs and observation deck 6. Ordinance to EXTEND the date to satisfy the conditions re closure of Lake Avenue, Oak Street, and portions of Locust Crescent and Ellis Avenue(Approved November 27, 2012) 7. Ordinance to APPROPRIATE $225,500 of Fund Balance from the Sheriff's Office Special Revenue Fund to the Sher 's Office FY2019-20 Operating Budget re replacement of inmate property mobile shelving storage 8. Ordinance to ESTABLISH estimated$300,000 in revenues from Human Services to Police and INCREASE appropriations in the Police Department FY 2019-20 Operating Budget re Crisis Intervention Team (CIT)Security Center Overtime 9. Ordinances to ACCEPT and APPROPRIATE: a. $519,520 from Virginia Department of Transportation (VDOT) to Capital Project # 4-064, "City Bikeways and Trails Plan Implementation II"re asphalt path connecting Violet Bank Drive to Selwood Drive, Sherwood Lakes and Highgate Greens neighborhoods to Three Oaks Elementary School b. Grant Funds totaling$80,125 from the Edward Byrne Justice Assistance Grant to FY2019-20 Operating Budgets of the Sheriffs Office, Police Department, Juvenile and Domestic Relations Court, the Community Corrections and Pre-Trail Services Division November 12, 2019 18 AGENDA REVIEW SESSION ITEM#69740 (Continued) 10. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA) to the Fire Department FY 2019-20 Operating Budget: a. $1,364,604 re support the Urban Search and Rescue FEMA Team, Virginia Task Force 2 b. $1,107,810 re costs for the mobilization of the Urban Search and Rescue FEMA Team, Virginia Task Force 2 to areas impacted by Tropical Storm Barry and Hurricane Dorian 11. Ordinances to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the FY2019-20 Fire Department Operating Budget: a. $44,802 re technical rescue training and purchase of equipment b. $10,358 re purchase of hazardous materials equipment c. $76,000 re swift water rescue training and purchase of equipment K. ORDINANCES: ITEM#3 WILL BE CONSIDERED SEPARATELY November 12, 2019 19 AGENDA REVIEW SESSION ITEM#69740 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. GENERAL BOOTH VENTURE, LLC / KAMPGROUNDS OF AMERICA, INC for a Conditional Use Permit re automobile service station at the Northeast corner of General Booth Boulevard and Prosperity Road DISTRICT 6—BEACH 2. CITY OF VIRGINIA BEACH request for Major Entertainment Venue Signage for properties South of 264, West of Parks Avenue,North of 18`h Street, West of Washington Avenue,North of 17`h Street and East of North Birdneck Road DISTRICT 6—BEACH L.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#1 ITEM#2 WILL BE CONSIDERED SEPARATELY November 12, 2019 20 ITEM#69741 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: 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) • Executive Search Firm Selection LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • DeLaura v. Breidt 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 November 12, 2019 21 ITEM#69741 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 5:12 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 5:12 P.M. —5:17 P.M. Closed Session 5:17 P.M. —5:58 P.M. November 12, 2019 22 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL NOVEMBER 12,2019 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, November 12, 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: Roger Gauthier,Jr., Chaplain Virginia Beach Police Department 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. November 12, 2019 23 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 identibr 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. November 12, 2019 24 ITEM— VLE CERTIFICATION ITEM#69742 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 November 12, 2019 u,t, \r_,i 5 f ^ 0 J O' OUR NR"°°. 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#69741 Page 21 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. llljjg enda :a e, MMC Clerk November 12, 2019 25 ITEM-VLF.1 MINUTES ITEM#69743 Upon motion by Council Member Wooten,seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of October 15,2019 Voting: 9-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Rosemary Wilson Council Members Absent: None November 12, 2019 26 ITEM-VLF.2 MINUTES ITEM#69744 Upon motion by Council Member Wooten,seconded by Council Member Abbott, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of October 22, 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 November 12, 2019 27 ITEM-VLF.3 MINUTES ITEM#69745 The MINUTES of the SPECIAL FORMAL SESSION of October 29, 2019 will be considered on November 19, 2019. November 12, 2019 28 ITEM— VL G. MAYOR'S PRESENTATION ITEM#69746 PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Mayor Dyer welcomed Chief Emeritus Lee Lockamy—Nansemond Indian Nation and presented the Proclamation declaring November 2019, "NATIVE AMERICAN HERITAGE MONTH". Mayor Dyer called upon citizens, government agencies,public and private institutions, businesses and schools in the City to recognize the contributions of Native Americans to the history and development of the City, State, and Nation and to commemorate this month with appropriate activities. Chief Lockamy expressed his appreciation to City Council for their continuous support. November 12, 2019 lAlked 4:t.., cZa 2 OP OUR Nh.nOttS . Dtottamatioiz Whereas Native Americans have made use of tfie natural resources in Virginia and Virginia Beach for over 15,000 years;and Whet= Significant archaeological sites have Been found in Virginia Beach that reveal the details of Native American life here;and Whereat. 'The Chesapeake Indian 43i6e resided in village settlements in Virginia Beach at the time of or just prior to the early seventeenth century arrival of permanent 'Enghsh colonists in the region;and Whereas: Native Americans assisted the English colonists in their survival in the Virginia environment; and 'Whereas: Mem6ers of the Nansemond Indutn tribe moved eastward settling in areas that included Virginia Beach,and Whereas: The Commonwealth of Virginia officially recognized the Nansemond Indian Nation in 1985; and Whereas: The'United States of America officially recognized the Nansemond Indian Nation in 2018; and Whereas Mem6ers of the Nansemond Indian 7ri6e play an essential role in the Virginia (Beach community today,and Whereas: Chief Emeritus Lee Lockamy is a resident of the City of Virginia Beach;and Whereas. November was first declared as Native American 7leritage Month in the 'United States of America in 1990;and Whereas: November is also commemorated as Native American 9feritage Month in the Commonwealth of Virginia; Now 2heref°re,I`Robert M.Dyer Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Novem6er 2019 Native American J eritage Month Ix Virginia Beach, and furthermore call upon the citizens,government agencies, pu6Gc and private institutions, businesses and schools in Virginia Beach to recognize the contri6utions of Native Americans to the history and development of the city,state and nation antito commemorate this month with appropriate activities. In Witness Whereof I have hereunto set my hand and caused the Official Seat of the City of Virginia Beach, Virginia,to 6e afftzed this Twelfth day of Novem6er 2019. Wo6ert M. Bobby Dyer Mayor 29 ITEM— VLH.1 PUBLIC COMMENT ITEM#69747 Mayor Dyer DECLARED a PUBLIC COMMENT: DOME SITE/ATLANTIC PARK PROPOSED DEVELOPMENT AGREEMENT The following registered to speak: Pharrell Williams, 1081 19`h Street, Phone: 491-1990, spoke in SUPPORT Billy Almond, 242 Mustang Trail#8, Phone: 431-1041, spoke in SUPPORT Bryan Stephens, 500 East Market Street, Phone: 645-3410, spoke in SUPPORT BJBaumann, 308 Mediterranean Avenue, Phone: 422-5654, spoke in SUPPORT Paul Marritt, 5101 Cleveland Street, Phone: 499-7003, spoke in SUPPORT Doug Smith spoke in SUPPORT Russell Lyons, 3612 Atlantic Avenue, Phone: 757-422-1801, spoke in SUPPORT Martin Joseph, 5269 Cleveland Street, spoke in SUPPORT Richard Maddox, 1609 Atlantic Avenue, Phone: 358-5800, spoke in SUPPORT Joashua Schulman, One Columbus Center, Phone: 285-8715, spoke in SUPPORT Linwood Branch, 1000 Atlantic Avenue, Phone: 422-0256, spoke in SUPPORT Markus Gohring, 2992 Shore Drive, Phone: 672-5444, spoke in SUPPORT Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Steve O'Neal, 5032 Haygood Road, Phone: 718-2828, did not respond Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT Andrew Jackson, 153 Upperville Road, Phone: 490-0901, made comments regarding the results of the Disparity Study There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING *COUNCIL MEMBER MOSS STEPPED OUT DUE TO CONFLICT OF INTEREST November 12, 2019 ONWEALTH OF Vr O b. Commonwealth's Attorney �u°�+c G JA Deputies Cohn D.Stolle Tabitha B.Anderson ` " , Sara R.Chandler Chief Deputies �' s, Patrick J.Connolly Susan G.Hooks = r W Vivian F.Henderson y Scott M.Lang _ i "•�, David W.Laird Thomas M.Murphy OFFICE OF THE COMMONWEALTH'S ATTORNEY Paul J.Powers CITY OF VIRGINIA BEACH 2425 Nimmo Parkway Virginia Beach,VA 23456-9050 (757)385-4401 FAX(757)385-1288 TDD:711 www.vbgov.com/oca Direct Dial: (757)385-8978 October 16, 2019 Councilman John Moss Office of the City Clerk 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Councilman Moss: In a letter dated September 24, 2019, you request an opinion under the Virginia Conflict of Interests Act regarding your participation in Virginia Beach City Council discussions and voting regarding a proposed joint project between the City of Virginia Beach, the City of Virginia Beach Development Authority(the "Authority"), and a developer for the Dome Site project. You ask whether your personal interest in both Dominion Power and in an unnamed corporation ("the Corporation") causes you to have a prohibited personal interest in the transaction. According to your letter, you receive dividend income from Dominion Power in excess of$5,000 per year. As part of the project, the plan is for the City of Virginia Beach to acquire a parcel (described as the 18rh Street Parcel)that is currently owned by Norfolk Southern Corporation and that is currently being used by Dominion Power. For purposes of the Dome Site project, Dominion Power would no longer be able to use this parcel and as a result would likely require a significant payment as a result. Additionally, you also receive dividend income from the Corporation in excess of$5,000 per year. The Corporation receives income from a parcel (described as the "Other Parcel") that is within the possible footprint of the Dome Site project and would require that the property be purchased by either the Authority or by the developer. According to your letter, should the site footprint require the purchase of the 18th Street Parcel, and that parcel was purchased by either the Authority or the developer,the income stream to the Corporation in which you have a personal interest would cease. October 16, 2019 Page 2 Virginia Code §2.2-3112 prohibits any participation by a government officer in a transaction where the officer has a personal interest. A"personal interest"is defined as, inter alia, "annual income that exceeds, or may reasonably be anticipated to exceed, $5,000 from ownership in real or personal property or a business." A"personal interest in a transaction" exists when the officer has a personal interest in the subject of the transaction, or"may realize a reasonably foreseeable direct or indirect benefit [or detriment]...as a result of the action of the agency considering the transaction." Virginia Code §2.2-3101. In your letter, you correctly describe that you have a personal interest in both Dominion Power and the Corporation since you receive annual income from both sources that exceeds or may reasonably be anticipated to exceed $5,000 as a result of your ownership in Dominion Power and the Corporation. The next inquiry is whether, as a result of these personal interests, you therefore have a personal interest in the transaction related to the Dome Site project. I have considered your description of the circumstances related to the potential footprint of the project; the intention to acquire the 18`h Street Parcel, which would require a significant payment to Dominion Power and the potential for the footprint to expand to include the Other Parcel, which would require the purchase of the Other Parcel and result in the elimination of an income stream to the Corporation in which you have a personal interest. As a result both Dominion Power and the Corporation may realize a reasonably foreseeable direct or indirect benefit (Dominion Power)or detriment(the Corporation) as a result of the actions taken by the Virginia Beach City Council. Thus, it is my opinion that to the extent that the 18`h Street Parcel and the Other Parcel are concerned, you have a"personal interest in a transaction" as set out in Virginia Code §2.2-3101. Finally, you ask whether you would be restricted from "participation in the City Council's discussions of the Project and potential future votes on(1)whether to approve funding for the acquisition and decommissioning payments related to the 18th Street Parcel; (2) whether to approve funding for the acquisition and site preparation of the Other Parcel; and (3)the Development agreement." You go on to describe the votes as being interdependent upon each other, specifically "the Development Agreement as proposed cannot be executed without the other two referenced votes." As a result, it is also my opinion that as a result of your "personal interest in a transaction' you would not be permitted to participate in any of the referenced votes or discussions. As an officer of a local governmental agency with a personal interest in a transaction, you are required to disqualify yourself from participating in the transaction related to the Dome Site project. Virginia Code §2.2-3112 requires that you disclose your personal interest and that you shall not vote or act in any manner on behalf of the Virginia Beach City Council in the transaction. Additionally you would be prohibited from (i) attending any portion of a closed meeting authorized by the Virginia Freedom of Information Act when the matter is being discussed and (ii)discussing the matter with other governmental officers or employees at any time. October 16, 2019 Page 3 There may come a point in time where, as a result of actions taken by the developer,the Authority, and the City Council without your participation,that Dominion Power and the Corporation no longer"may realize a reasonably foreseeable direct or indirect benefit [or detriment]" as a result of the Dome Site project. In the event of such a change in circumstances, you may feel free to request an update or revision to this opinion. Sinc- , , Colin D. Stolle Commonwealth's Attorney City of Virginia Beach cc: Mark Stiles, City Attorney 30 ITEM— VLL1 PUBLIC HEARING ITEM#69748 Mayor Dyer DECLARED a PUBLIC HEARING: ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 12, 2019 31 ITEM— VI.H.2 PUBLIC HEARING ITEM#69749 Mayor Dyer DECLARED a PUBLIC HEARING: AMENDMENT to FY2019-20 CAPITAL BUDGET Appropriation of$9-MILLION for Dome Site Development Acquisitions The following registered to speak: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, declined to speak Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING *COUNCIL MEMBER MOSS STEPPED OUT DUE TO CONFLICT OF INTEREST November 12, 2019 32 ITEM— VLJ FORMAL SESSION AGENDA ITEM#69750 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 for the following speakers: Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke on item K4a Barbara Messner, P. O. Box 514, spoke on items K2, K7, and K8 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY CONSENT,Agenda Items K: Ordinances 1,2, 4a/b, 5, 6, 7, 8, 9a/b, l0a/b, lla/b/c 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: ITEM#3 WILL BE CONSIDERED SEPARATELY L.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#1 ITEM#2 WILL BE CONSIDERED SEPARATELY November 12, 2019 33 ITEM— VI.K.1 ORDINANCES ITEM#69751 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to APPOINT Jessica C. Koepf as Associate City Attorney, effective October 24, 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 November 12, 2019 1 A RESOLUTION APPOINTING JESSICA C. KOEPF TO THE 2 POSITION OF ASSOCIATE CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Jessica C. Koepf is hereby appointed to 8 the position of Associate City Attorney, effective October 24, 2019. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t hday of 11 November 2019. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA14909 R-1 October 15, 2019 34 ITEM— VLK.2 ORDINANCES ITEM#69752 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, AS AMENDED,BY CONSENT,Resolution to REQUEST the General Assembly for$10-Million (cash) and $20-Million (interest free loan) to the City during its Special Session of November 18, 2019 re recovery from the events of May 31' 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 November 12, 2019 UPDATED VERSION REQUESTED BY MAYOR DYER 1 A RESOLUTION REQUESTING THE GOVERNOR TO 2 INCLUDE FUNDING IN HIS BUDGET TO BE PROPOSED 3 IN DECEMBER TO PROVIDE FUNDING FOR VIRGINIA 4 BEACH FOR RECOVERY FROM THE EVENTS OF MAY 5 31 , 2019 OR FOR THE GENERAL ASSEMBLY TO 6 PROVIDE FUNDING DURING THE 2020 SESSION 7 8 WHEREAS, on May 31, an event that will live in infamy was visited upon the City 9 of Virginia Beach; and 10 11 WHEREAS, the event included the deaths of 12 persons including 11 City 12 employees and a citizen and the grievous wounding of 4 others; and 13 14 WHEREAS, these events took place in Building 2, also called the Operations 15 Building; and 16 17 WHEREAS, the City has determined that it will renovate the building for other uses 18 rather than cause further distress and grief to the employees by requiring them to continue 19 working in that building; and 20 21 WHEREAS, the City Council had previously embarked on a process to fund a new 22 City Hall due to the threat of a single point of mechanical failure in the current City Hall 23 that would cause the immediate abandonment of that building; and 24 25 WHEREAS, the City Council has provided $4 million for the preparation of design- 26 build bridging documents for the renovation of Building 2, the renovation of the current 27 Police Department Headquarters also known as Building 11, and the renovation of 28 Building 1, the current City Hall building; and 29 30 WHEREAS, in addition to the $50 million committed to the new City Hall, the cost 31 of funding the design-build renovation for the three above named buildings is $79 million. 32 33 WHEREAS, the City hopes the Governor will include in his proposed budget for 34 the next biennium funding to assist the City in recovery from the May 31 event, and the 35 General Assembly will consider his proposal and other items during its 2020 session; and 36 37 WHEREAS, the expenses being born by the City of Virginia Beach and its citizens 38 are beyond the City's ability to address alone without increasing its debt burden and 39 limiting its capacity to fund other significant capital needs of the City such as schools and 40 flooding; and 41 42 WHEREAS, the City has already incurred and obligated $18.2 million to address 43 the short and long term effects of the events of May 31, 2019. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 48 That the Governor is requested to allocate $10 million in cash and a $20 million 49 no-interest loan as was proposed during the Special Session in September through 50 legislation introduced by Delegate Barry Knight of Virginia Beach in the Governor's 51 budget to be proposed in December; and if the Governor does not propose funding, the 52 General Assembly is requested to provide such funding during the regular session of 53 2020 beginning in January 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t h day of November , 2019. APPROVED AS TO LEGAL SUFFICIENCY: (i Offi e CA14908 R-4 November 12, 2019 35 ITEM— VI.K.3 ORDINANCES ITEM#69753 The following registered to speak: Paul Marritt, 5101 Cleveland Street, Phone: 499-7003, spoke in SUPPORT Mark Klette, 2488 North Landing Road, Phone: 721-5040, spoke in SUPPORT Joashua Schulman, One Columbus Center, Phone:285-8715, spoke in SUPPORT 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 Wilson, seconded by Vice Mayor Wood, City Council ADOPTED Resolution to ALLOW Virginia Beach, Chesapeake, Portsmouth, Norfolk and Suffolk to ESTABLISH a Broadband Authority under the Virginia Wireless Services Act Voting: 10-1 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None November 12, 2019 1 RESOLUTION 2 3 WHEREAS, the Cities of Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia 4 Beach (the "Cities") have determined that it is in the best interests of the citizens of the 5 Cities to form an authority under the Wireless Service Authorities Act to be known as 6 the Southside Network Authority, pursuant to the provisions of the Virginia Wireless 7 Service Authorities Act, Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as 8 amended; and 9 10 WHEREAS, the Cities each find, jointly and severally, that creation of the 11 Authority will serve an essential public purpose by increasing the speed and availability 12 of broadband Internet and information services, enable private investment in the 13 marketplace to be better targeted to serving the public, as well as creating jobs and 14 increasing the tax base of the Cities and the region as a whole. 15 16 NOW THEREFORE, BE IT JOINTLY RESOLVED by the City Council of the City 17 of Virginia Beach, the City Council of the City of Suffolk, the City Council of the City of 18 Portsmouth, the City Council of the City of Norfolk, and the City Council of the City of 19 Chesapeake, to create an authority under the Wireless Service Authorities Act with 20 Articles of Incorporation as follows: 21 22 ARTICLES OF INCORPORATION 23 OF THE 24 SOUTHSIDE NETWORK AUTHORITY 25 26 The City of Chesapeake, Virginia, the City of Norfolk, Virginia, the City of 27 Portsmouth, Virginia, the City of Suffolk, Virginia, and the City of Virginia Beach, 28 Virginia, each a municipal corporation of the Commonwealth of Virginia, have by 29 concurrent resolutions adopted these Articles of Incorporation pursuant to the Wireless 30 Service Authorities Act (the "Act"), Chapter 54.1 of Title 15.2 of the Code of Virginia, 31 1950, as amended, following advertisement and public hearing as required by law. 32 33 ARTICLE I 34 NAME AND ADDRESS 35 36 The name of the authority is the "Southside Network Authority" ("Authority"). The 37 address of the principal office of the Authority shall be at 723 Woodlake Drive, 38 Chesapeake, Virginia 23320. 39 40 ARTICLE II 41 TERM OF THE AUTHORITY 42 The Authority shall exist for a term of 50 years as a political subdivision, and as 43 thereafter extended in accordance with the Act, unless earlier dissolved in accordance 44 with the Act. 45 ARTICLE III 46 CREATING JURISDICTIONS 47 48 The creating jurisdictions are the City of Chesapeake, Virginia, the City of 49 Norfolk, Virginia, the City of Portsmouth, Virginia, the City of Suffolk, Virginia, and the 50 City of Virginia Beach, Virginia, each a municipal corporation of the Commonwealth of 51 Virginia (collectively the "member localities"). Although the member localities shall each 52 appoint members of the Authority Board of Directors pursuant to Article V of these 53 Articles of Incorporation, the Authority shall have no "members" as that term is defined 54 in the Virginia Non-Stock Corporation Act, Chapter 10 of Title 13.1 of the Code of 55 Virginia. 56 57 ARTICLE IV 58 JOINDER OR WITHDRAWAL OF JURISDICTIONS; MERGER OF 59 AUTHORITIES 60 61 Any locality may join the Authority, and any locality which is a member of the 62 Authority may withdraw therefrom, upon unanimous consent of the remaining members 63 of the Authority in accordance with this Article. However, no locality may withdraw from 64 the Authority, if the Authority has outstanding bonds without the unanimous consent of 65 all the holders of such bonds unless all such bonds have been paid or cashed or United 66 States government obligations have been deposited for their payment. 67 68 The governing body of any locality wishing to join or withdraw from the Authority 69 shall signify its desire by resolution or ordinance. If the Authority's board of directors and 70 each member locality by resolution expresses its consent to the withdrawal or joinder of 71 a locality, the governing body of the locality requesting withdrawal or joinder and the 72 governing bodies of the other member localities shall advertise the ordinance, 73 resolution, or agreement providing for such joinder or withdrawal and hold a public 74 hearing in accordance with Section 15.2-5431 .5 of the Code of Virginia, 1950, as 75 amended. Such ordinance, resolution, or agreement shall be adopted in the same 76 manner and with the same formalities as would be necessary to create a new authority, 77 mutatis mutandis. 78 79 In the event a locality seeks to join or withdraw from the Authority, the 80 resolutions, ordinances, or agreement creating the new Authority shall specify the 81 number and terms of office of members of the board of directors of the expanded 82 Authority which must be appointed by each of the member localities, and the names, 83 addresses, and terms of office of new initial appointees to the board of directors. 84 85 The amended articles of incorporation shall be filed with the State Corporation 86 Commission as provided by law. Upon the date of issuance of the certificate by the 87 State Corporation Commission for the amended articles of incorporation, the terms of 88 office of the board members of the existing Authority shall terminate and the 89 appointments made in the resolutions, ordinances, or agreement creating the new 90 Authority shall begin. 91 Merger of two authorities existing under the Act shall be accomplished by the 92 same method as joinder of a new member locality. 93 94 ARTICLE V 95 BOARD OF DIRECTORS, TERMS OF OFFICE 96 97 The powers of the Authority shall be exercised by a board of directors composed 98 of five voting members and five alternate members, with one voting member and one 99 alternate appointed by the governing bodies of each of the member localities as set 100 forth in this Article. Members of the board of directors or their alternate members may 101 be, but are not required to be, members of the governing body or professional staff of a 102 member locality. In the event a board of directors member or alternate member is 103 removed from office as a director, has his or her term of office with the appointing 104 locality end, or has his or her employment with the appointing locality end during his or 105 her term on the board of directors, that board of directors member shall be disqualified 106 and his or her seat on the board of directors shall become automatically vacant. The 107 governing body of the member locality that appointed that board member may appoint a 108 replacement to serve the remainder of the term. 109 110 The terms of office of the board of directors members shall be four years. The 111 initial terms shall be staggered such that two members are initially appointed for two- 112 year terms, and three members are initially appointed for four years. Members may 113 succeed themselves. Appointments to fill vacancies, however arising, shall be for the 114 remainder of the unexpired term. If at the end of any term of office a successor director 115 has not been appointed, then the director whose term of office has expired shall 116 continue to hold office until his or her successor is appointed and qualifies. 117 118 The board of directors shall annually elect from among its members a chairman 119 and a vice-chairman, and shall annually elect a secretary and treasurer who need not 120 be members. 121 122 The names and addresses, and terms of office of the members of the initial 123 board of directors of the Authority are as follows: 124 125 CITY OF CHESAPEAKE (Initial Term Two Years): 126 Voting Member: 127 Hon. Susan J. Vitale 128 306 Cedar Road 129 Chesapeake, Virginia 23322 130 131 Alternate Member: 132 Scott D. Fairholm, Chief Information Officer 133 306 Cedar Road 134 Chesapeake, Virginia 23322 135 CITY OF NORFOLK (Initial Term Two Years): 136 Voting Member: 137 Hon. Andria P. McClellan 138 810 Union Street, Suite 1006 139 Norfolk, Virginia 23510 140 141 Alternate Member: 142 Catheryn Whitesell, Assistant City Manager 143 810 Union Street, Suite 1100 144 Norfolk, Virginia 23510 145 146 CITY OF PORTSMOUTH (Initial Term Four Years): 147 Voting Member: 148 Daniel Jones, Chief Information Officer 149 801 Crawford Street 150 Portsmouth, Virginia 23704 151 152 Alternate Member: 153 Dr. L. Pettis Patton, City Manager 154 801 Crawford Street 155 Portsmouth, Virginia 23704 156 157 CITY OF SUFFOLK (Initial Term Four Years): 158 Voting Member: 159 Patrick Roberts, City Manager 160 442 West Washington Street 161 Suffolk, Virginia 23434 162 163 Alternate Member: 164 Ken Beam, Chief Information Officer 165 442 West Washington Street 166 Suffolk, Virginia 23434 167 168 CITY OF VIRGINIA BEACH (Initial Term Four Years): 169 Voting Member: 170 Hon. Rosemary Wilson 171 2401 Courthouse Drive 172 Virginia Beach, Virginia 23456 173 174 Alternate Member: 175 Pedro "Peter" Wallace, Chief Information Officer 176 2401 Courthouse Drive 177 Virginia Beach, Virginia 23456 178 The terms of office of the initial members of the board of directors of the Authority 179 shall begin on the date of the issuance of a certificate of incorporation or charter for the 180 Authority by the State Corporation Commission. 181 182 Each voting member of the board of directors shall have one equal vote in all 183 matters before the board of directors. In the event of the absence or recusal pursuant to 184 law of a voting member, but not in the event of his or her mere abstention from a vote, 185 the alternate member appointed by that locality shall be entitled to vote in his or her 186 stead. 187 188 ARTICLE VI 189 PURPOSE 190 191 The purpose of the Authority is to provide or assist in the provision of qualifying 192 communication services as defined in Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of 193 Title 56 of the 1950 Code of Virginia, as amended, and to provide such other services 194 as provided by law and Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as 195 amended. 196 197 ARTICLE VII 198 POWERS 199 200 The Authority shall have all of the powers set forth within Virginia Code § 15.2- 201 5431.11, and any other powers set forth within the Act. The Authority's powers under 202 the Act shall be liberally construed to effect the purposes of the Act. 203 204 The board of directors may appoint such committees and employees as it may 205 from time to time deem convenient, including an executive director or chief executive 206 officer and project committees, and delegate to them such corporate powers on behalf 207 of the Authority as may be permitted by law. 208 209 ARTICLE VIII 210 DISSOLUTION 211 212 The Authority may be dissolved in the manner set forth in Virginia Code § 15.2- 213 5431.9 upon a resolution by the board of directors finding that the purposes for which it 214 was created have been completed or are impractical or impossible and that all of its 215 obligations have been paid or have been assumed by one or more of the member 216 localities or any authority created thereby or that cash or United States government 217 securities have been deposited for their payment. 218 219 AND BE IT FURTHER RESOLVED that the City Manager or his or her designee 220 is authorized to take all action necessary or convenient to cause the necessary legal 221 documents to be prepared and executed to approve the creation of the Authority. 222 223 AND THIS RESOLUTION IS EFFECTIVE on November 15, 2019. Adopted by the Council of the City of Virginia Beach , Virginia on the 12th day of November , 2019 . APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 'C---)., ,.....- 171/ Chief nformation Officer City Attorney CA14666 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d013\p034\00583400.doc R-1 October 29, 2019 36 ITEM— VI.K.4a ORDINANCES ITEM#69754 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: a. 7-58.1 re motorized scooters in the Resort Area and ADD Section 7-58.2 to require entities that offer sharable motorized mobility devices for hire to have a franchise license 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 November 12, 2019 1 AN ORDINANCE TO AMEND SECTION 7-58.1 2 REGARDING MOTORIZED SCOOTERS IN THE RESRT 3 AREA AND TO ADD SECTION 7-58.2 TO THE CITY CODE 4 TO REQUIRE ENTITIES THAT OFFER SHARABLE 5 MOTORIZED MOBILITY DEVICES FOR HIRE TO BE 6 LICENSED 7 8 Section Amended: 7-58.1 9 Section Added: 7-58.2 10 11 WHEREAS, the City Council desires to promote public safety and the fair and 12 unobstructed use of City rights-of-way; 13 14 WHEREAS, technological advances allow for the placement throughout the City 15 of shareable motorized mobility devices without them being locked to a fixed structure; 16 17 WHEREAS, the City Council seeks to ensure that the use of these devices 18 throughout the City is not detrimental to public safety and does not obstruct public rights- 19 of-way; and 20 21 WHEREAS, the City Council believes that requiring persons or entities that offer 22 such devices to seek a license via a nonexclusive franchise agreement process would 23 further the City Council's goals of promoting the safe and responsible use of shareable 24 motorized mobility devices. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 The City Code of the City of Virginia Beach is hereby amended and reordained 30 to amend Section 7-58.1 and to add Section 7-58.2 to read as follows: 31 32 Sec. 7-58.1. — Motorized Scooters 33 34 a. In addition to all other regulations set forth by this Article, it shall be 35 unlawful for any person to operate a motorized scooter in the area 36 bounded by the east side of Arctic Avenue on the west, the Atlantic Ocean 37 on the east, Rudee Loop to the south, and the north side of 42nd Street to 38 the north, unless the motorized scooter is owned by a licensee as set forth 39 in section 7-58.2. 40 41 b. It shall be unlawful for any person to operate a motorized scooter upon 42 any street with a speed limit in excess of 25 miles per hour. 43 1 44 Sec. 7-58.2. — Franchise license requirement. 45 46 No person or entity may offer motorized scooters or skateboards, or electric 47 power-assisted bicycles, for hire unless the person or entity has a City license, 48 the issuance of which shall be in response to a nonexclusive franchise 49 solicitation. 50 51 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA: 53 54 That the effective date of this ordinance shall be December 16, 2019. Adopted by the Council of the City of Virginia Beach, Virginia thisl2thday of November , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �9f€ice of e City Manager Office of the City Att y CA14925 R-2 November 5, 2019 37 ITEM— VLK.4b ORDINANCES ITEM#69755 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: b. 21-230 re designation of Sullivan Boulevard between Aragona Boulevard and Haygood Road, Red Mill Boulevard between General Booth Boulevard and Warner Hall Drive to the Traffic Calming Ordinance 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 November 12, 2019 1 AN ORDINANCE TO AMEND SECTION 21-230 2 OF THE CITY CODE PERTAINING TO 3 TRAFFIC CALMING 4 5 SECTION AMENDED: § 21-230 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 21-230 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-230. - Traffic calming via maximum speed limits in certain residential 15 districts; penalty. 16 Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor 17 vehicle in excess of the maximum speed limit established for any portion of the following 18 highways located within the designated neighborhoods, on or after the effective date, 19 shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars 20 ($200.00), in addition to other penalties provided by law. No portion of the fine shall be 21 suspended unless the court orders twenty (20) hours of community service. 22 (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 23 (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton 24 Road; Old Kempsville Road. 25 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 26 (4) Little Neck: Harris Road. 27 (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith 28 Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; 29 Smith Farm Road. 30 (6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 31 (7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake 32 Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. 33 (8) Country Haven: Stewart Drive. 34 (9) Fairfield: Lord Dunmore Drive. 35 (10) Bellamy Manor: Homestead Drive. 36 (11) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. 37 (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery 38 Drive. 39 (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). 40 (14) Milburn Manor: Davis Street. 41 (15) Lake James: Lake James Drive. 42 (16) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. 43 Effective as of April 6, 2004: 44 (1) Croatan: Croatan Road. 45 (2) Birdneck Point: Cardinal Road. 46 Effective as of April 5, 2005: 47 (1) Thoroughgood: Thoroughgood Drive. 48 (2) Hermitage Road. 49 Effective as of September 12, 2006: 50 (1) Kings Grant: Oxford Drive. 51 Effective as of January 27, 2009: 52 (1) Baycliff: Baycliff Drive between Mill Dam Road and Stephens Road. 53 (2) Lakeview Park: Cullen Road between Shell Road and Lakeside Road. 54 Effective as of August 10, 2010: 55 (1) Bellamy Plantation: Grey Friars Chase between Lynnhaven Parkway and the 56 1900 block of Grey Friars Chase. 57 Effective as of September 5, 2018: 58 (1) Mediterranean Avenue between Virginia Beach Boulevard and Norfolk Avenue. 59 Effective as of November 12, 2019: 60 Aragona: Sullivan Boulevard between Aragona Boulevard to Haygood Road. 61 Red Mill: Red Mill Boulevard between General Booth Boulevard to Warner Hall 62 Drive. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 12th day of November , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: At7;/).-r-e-1 Police Department City Attorney's Office APPROVED AS TO CONTENT: P4-2/41, _- Public Works CA14910 R-1 October 21, 2019 38 ITEM— VI.K.5 ORDINANCES ITEM#69756 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Croatan Beach at the rear of 538 South Atlantic Avenue re maintain existing sprinkler system, stone bench wall, and construct walkway with stairs and observation deck 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 November 12, 2019 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF THE CITY'S PROPERTY 6 KNOWN AS CROATAN BEACH LOCATED 7 AT THE REAR OF 538 S. ATLANTIC 8 AVENUE 9 10 WHEREAS, Richard M. Yanek, desires to maintain an existing sprinkler 11 system and stone bench wall and to construct and maintain a 4' beach access walkway 12 with stairs and a 10' x 10' observation deck within the City's property known as Croatan 13 Beach located at the rear of 538 S. Atlantic Avenue (the "Temporary Encroachment"); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Richard M. Yanek, his heirs, 24 assigns and successors in title are authorized to construct and maintain a proposed 25 encroachment in the City's property known as Croatan Beach as shown on the map 26 entitled: "ENCROACHMENT EXHIBIT APPLICATION BY: RICHARD M. YANEK SITE 27 ADDRESS: 538 S. ATLANTIC AVENUE VIRGINIA BEACH, VIRGINIA 23451", dated 28 November 28, 2018, and revised through June 28, 2019, prepared by WPL Landscape 29 Architects and Land Surveyors, a copy of which is attached hereto as Exhibit A, and on file 30 in the Department of Public Works and to which reference is made for a more particular 31 description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 34 subject to those terms, conditions and criteria contained in the agreement between the City 35 of Virginia Beach and Richard M. Yanek (the "Agreement"), an unexecuted copy of which 36 has been presented to the Council in its agenda, and will be recorded among the records of 37 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Richard M. Yanek and the City Manager or his authorized designee execute 44 the Agreement. 1 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t h 46 day of November , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 4/412, or.„ , PUB ORKS, REAL ESTATE DAN . ARMEYER SENIOR CITY ATTORNEY CA14651 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p033\00597769.doc R-1 October 23, 2019 2 SITE DATA ATLANTIC OCEAN . = �� 1. GPIN: 2427-30-6345 ` �� 2. THIS�SURVEY pOFF'LOTS 110y1& 22, `EDGE OF WATER /,� BLOCK 26 RESUBOMSION OF9:30 NA 11/16/18 PART OF CROATAN BEACH, 1� PLAT RECORDED IN M.B. 37, ' ' ACE C. LARGE 'z PG. 11 AT THE CLERK'S O OFFICE OF THE CIRCUIT U Lic. No. 1 531 7 ' COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA WAS -0 06/28/2019 ,- 'A �/ COMPLETED UNDER THE DIRECT AND RESPONSIBLE �� CHARGE EA OF,LIC ERIC GARNER(VIRGI FSS�ONA` ��G�� NSE LAND SURVEYOR) FROM AN ACTUAL CITY OF VIRGINIA BEACH GROUND SURVEY MADE UNDER MY SUPERVISION; THAT THE ONIGINCNEMM� WAS 2018 NAND o 0 0 /MER/D/.4N SOURCE THAT THIS PLAT INCLUDING o 0 o t M B 37 PG; 7 0 METADATA MEETS MINIMUM ACCURACY STANDARDS UNLESS PILlso.m�O 0 Z �� OTHERWISE NOTED. 0 0 3. LIMITS OF LAND DISTURBANCE: -- i0E OF 5<= 1,300 SG. FT. 0 0 Ix 00 '= f,�•POST e —SOP OF N6M SPRNKLER.IE/O T) EXIS77NG S 04'14'15" 50.00'--� \. _OF OF N A._'' - DECK TO BE P ,____00 oo al REPLACED BENCH I SPRINKLER HEAD �1Y 6'METH y68Og NE TpGE '"_6 O O •A GATE �yi�� __ '1ETN FENCE 00 / "I rl�, oNWAu cauNN(m) !' PAVERS N A PAYEES ' RETNNNG WALL) T.B.M. N ND EDGE OF fiii �� O POOL NE CROSS IN COLUMN 6. STO wN1 °RAvu ELEV-18.57 F DENNIS MICHAEL LYNCH ^o L 0 T ZZ .^"N N/F LOTS 11 & 23 `N 536 S. ATLANTIC AVE — — NBH & BJB ASSOCIATES LC (M.B. 37, PG. 11) LOT 9A GPIN: 2427-30-5328 (LOT 11) W 3 540 S ATLANTIC AVE GPIN: 2427-30-6431 (LOT 23) >: LOT 10 (IN. 20060919001428400) GPIN: 2427-30-5390 co <:' Z QOJ�O ( �TW/L/GHT LN F Ode. ,* 50.00' I (FORMERLY ELM AVE)~ N 04'14'15" W S. A TLANT/C AVENUE (50' R/W) (FORMERLY CHAUTAUQUA AVENUE) EXISTING SITE N.B. 37, PG. 11) SCALE: 1"=40' PURPOSE: WATERFRONT ACCESS ENCROACHMENT EXHIBIT PATIO, BEACH ACCESS WALKWAY, AND OBSERVATION DECK APPLICATION BY: RICHARD M. YANEK DATUM: NAVD 1988 n 1 SITE ADDRESS: 538 S. ATLANTIC AVENUE ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VIRGINIA 23451 1. DENNIS MICHAEL LYNCH REVISION: 06/28/2019 2. NBH et BJB ASSOCIATES LC I — DATE: 11/28/2018 F.B./PG.: 1062/27 Landscape Architects M1431.1041 Land S spbietan PLAT: C-646 1057/48 • Cm!Engineers SHEET 1 OF 5 WPL# 218-0354 242*a*Tr4 se 8,Vs BrOlo 23452 ti A TLANT/C OCEAN �ti tih `EDGE OF WATER ' 9:30 AM 11/16/18 A-011"19" &.�{r/ MER/D/AN SOURCE 0 �c? o ' CE C. LARGE z (M.B. 37, PG. 10 v Lic. No. 15317 x �— -0 06/28/2019 �� �� 0 o o ,\0 o 0 0 �' ,\'.\ 7.0 0 PILES(T1P) 12.X' STAIRS 0—' °�� TOE OF SLOPE •Illiiiil 4' BEACH �o O O --� = TOf OF Op ACCESS ,,,� _ ,WALKWAY OO o TOP OF BANK ,��'' _ ,�h a•:a'POST OBSERVATION ' DECK \ TOP OF °• K /'' '• , ��cc�� , .. 0P DUNE GRASJ� . .,> ,�4•,4'POSTEAD OP OF'AV., (1O X 1O> , E Of_S �,5,f\ �•,,t—�' ,SPRINKLER H'1 • ' `4 '- E G SK,k S 04.14'15" 50.00' ,/ EDGE OF MARSH ,,ti`? 'R. I f F�Opf P O O STONE q 1h PILES(T1P)J OH 0 0 " BENCH .4( METALSPRINKLER HEAD ,0. WALL � 4:4SHRUB LINE Of O r i -� ° Z• IIIIi�'Ili , _ __4' METAL FENCE ,,. 0 00 - V" %��: AM•Ii IIII.r`�, ON WALL I =-g coLUMN(nP) A, �!� ./. r , � AVERS j sti �,,p�, ,ry V i I PAVERS . BOARD 14.yr, '� 17.16 RETAINING WALL i ""���1 ti 1.... , •1 �,NPOOLND , Er..VE SVI '' ROMIN COLUMN N/F N/F r NE GRAVEL a ELEV-18.57 NBH & BJB ASSOCIATES LC DENNIS MICHAEL LYNCH W STTUCCO LOT 9A WL LOTS 11 & 23 3 540 S ATLANTIC AVE 536 S. ATLANTIC AVE o : (IN. 20060919001428400) N.(M.B. 37, PG. 11) h h o GPIN: 2427-30-5390 GPIN: 2427-30-5328 (LOT 11) • • h GPIN: 2427-30-6431 (LOT 23) 03 Non SITE IMPROVEMENT PLAN (,) SCALE: 1"=30' PURPOSE: WATERFRONT ACCESS ENCROACHMENT EXHIBIT PATIO, BEACH ACCESS WALKWAY, AND OBSERVATION DECK APPLICATION BY: RICHARD M. YANEK SITE ADDRESS: 538 S. ATLANTIC AVENUE DATUM: NAVD 1988 VIRGINIA BEACH, VIRGINIA 23451 ADJACENT PROPERTY OWNERS: t. DENNIS MICHAEL LYNCH REVISION: 06/28/2019 2. NBH do BJB ASSOCIATES LC DATE: 11/28/2018 F.B./PG.: 1062/27 Landscape Architects �T. im PLAT: C-646 1057/48 Civil Engineers SHEET 2 OF 5 WPL# 218-0354 242 Me4ag Tr ,8,Hr 6A 1b 23452 2 : •• " •tee o £ CE C. LARGE 'z 11 ^ U Lic. No. 15317 P• ‘ \ ii o ^0� 06/28/2019 �41 0 0 ' h (o ��SS�ONAI c_C\G\� rij b tizi ;LI Z tf)(c/ 4 i b 4i 03 O h RtO � 00 1 ao — ,0'L 1 O O• I 0NI- ' N II ~ c6 _ 0N U O O 'K , W N o , FRAMING SPECIFICATIONS' h • ALL PILES TO BE 8'0 MIN. WITH 15' PENETRATION. O 'S 1 • HEADERS AND JOISTS TO BE FULL 2'x8' TIMBERS. O 1 V T I ALL HEADER BOLTS TO BE '4 WEATHER TUFFS WITH OGEE WASHERS AND NUTS. I • DECKING TO BE COMPOSITE OR 2' TIMBER SECURED WITH 1 l STAINLESS STEEL SCREWS. h ck PROFILE PLAN o N N O SCALE: 1"=10' PURPOSE: WATERFRONT ACCESS ENCROACHMENT EXHIBIT PATIO, BEACH ACCESS WALKWAY, AND OBSERVATION DECK APPLICATION BY: RICHARD M. YANEK SITE ADDRESS: 538 S. ATLANTIC AVENUE DATUM: NAVD 1988 VIRGINIA BEACH, VIRGINIA 23451 ADJACENT PROPERTY OWNERS: 201928 06 1. DENNIS MICHAEL LYNCH REVISION: 06/28/2019 2. NBH & BJB ASSOCIATES LC Landscape Architects 757.431.1041 DATE: 11/28/2018 F.B./PG.: 1062/27 Lona Surveyors *Wan PLAT: C-646 1057/48 Civil Engineers SHEET 3 OF 5 WPL# 218-0354 242 Muskeg TA Ste 0.Vs&n,W 23452 if NOTES: 1. ALL FRAMING LUMBER AND PIUNGS SHALL BE CCA 2.5 ROUGH MARINE SALT TREATED. �' ...'; 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. • 3. ALL PILES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. o ' CE C. LARGE z - - - H v Lic. No. 15317 2 x6 3'-0" �o�06/28/2019 ��� 21Xi" (CONTRACTOR TO INSTAL L " " MIN. FS 4"X4" S/ ��G�� SALT TREATED WOOD FOR 4NAL ALL RUNGS) - -\\ 2"x2" PICKETS © 4" O.C. 2"x 12" BAND / 2'x8' DECKING 714— 8' MAX. !�� 4.0' .."....1...7. ►al NOTE: CONTRACTOR N TO VERIFY NUMBER Z'x8' STRINGER G o N OF RISES BASED (TYPICAL) N TREADS (2) 2x6 DECKING ON EX. GRADE MIN. 10" (STAIR TREAD NOSING (2)2x8 0 8'-O' FIN DEPTH MIN. OVERHANG 3/4" 'r MAX. OVER- HANG 1 1/4") 2x6 BRACE \ WO PILE, 15' PENETRATION 3 IN. MIN., 8' O.C. MAX 16" MAX EXISTING DUNE 8" MAX \\/ ��� \/\ \ Ex GM( N \/ y\ � 1/2'CARRNGE BOLT / A �\ � � \ 15' MIN. 2x6 LEDGER � \\/ \�/ \/ 8'/ PILE, 15' PENETRATION 15' MIN.is__ \// \ \�',mil\// INN., 8' O.C. 11AX �/ \ \/ t� \/ STEPS TO BE BUILT ALONG EX. SAND \/\\// \\/\\/\ SLOPE (THE PROPOSED STEPS \X\X\/ </<'\X\X SHALL NOT EXTEND BEYOND THE APPROVED HEIGHT GREATERS�16 AT A TYPICAL WALK SECTION ABOVE THE ADJACENT GRADE.) �` 3/8' = 1' STAIR & RAIL SECTION DETAILS 1/2' = 1' SCALE: NOTED PURPOSE: WATERFRONT ACCESS ENCROACHMENT EXHIBIT PATIO, BEACH ACCESS WALKWAY, AND OBSERVATION DECK -- - APPLICATION BY: RICHARD M. YANEK DATUM: NAVD 1988 . SITE ADDRESS: 538 S. ATLANTIC AVENUE ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VIRGINIA 23451 1. DENNIS MICHAEL LYNCH ® REVISION: 06/28/2019 2. NBH & BJB ASSOCIATES LC I DATE: 11/28/2018 F.B./PG.: 1062/27 LandLandscape Architect; 757.431.1041 n PLAT: C-646 1057/48 242 Engineers SHEET 4 OF 5 WPL# 218-0354 242 Motag Irk Ste B,Vs Eth,Vs 23452 NOTES: 1. ALL FRAMING LUMBER AND PILINGS SHALL BE CCA 2.5 ROUGH MARINE SALT TREATED. &? iiii3Or 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. 3. ALL PILES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. /� 411I� o ' CE C. LARGE , v Lic. No. 15317 -0 06/28/2019 �ct LANDING �o�F`SSTONAL �C.) 4.14' 7.00'� 12.00' \ a v a- o 0 8.00' STAIRS c0 N , y STAIRS 0 8"0 PILE, 8' O.C. qj MAX, 15' MIN PENETRAT/0N a ^7 -(TYPICAL) J 4' BEACH r 0 O %O O ACCESS 1\ WALKWAY h h 0 O 0 0 0 h `,, 0 o O o 0) OBSERVATION o 14/-6.00' 6.00' DECK • 0 0 a (10'x1O) 1\ h ,144.57'*4.57' 0 X o O • 0 O 0. h t6OItl4?4O' • I O O p a 5.00' a •- • D CO d 4.04 i NR • N '') 2 Q ::,12.60,hP n 0o \ 0 0 • Ok i6 n c coL 12.40' -451 X-5.05' '.95%L LANDINGS D ETA I L S AND STAIRS SCALE: 1"=10' PURPOSE: WATERFRONT ACCESS _ ENCROACHMENT EXHIBIT PATIO, BEACH ACCESS WALKWAY, AND OBSERVATION DECK APPUCAT1ON BY: RICHARD M. YANEK SITE ADDRESS: 538 S. ATLANTIC AVENUE DATUM: NAVD 1988 ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VIRGINIA 23451 1. DENNIS MICHAEL LYNCH REVISION: 06/28/2019 2. NBH & BJB ASSOCIATES LC I DATE: 11/28/2018 F.B./PG.: 1062/27 Landscape � Architects ' ' ' ' PLAT: C-646 1057/48 4c"'i2M Eo4ng T�Er'"°"'ta 4 1h&h,14 23452 SHEET 5 OF 5 WPL# 218-0354 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made thisrQ day ofS'P+- /.,her- , 2019 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RICHARD M. YANEK, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lots, tracts, or parcels of land designated and described as "Lot 10" and "Lot 22"; as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA", dated June 1954, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, Page 11 and being further designated, known, and described as 538 South Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing sprinkler system and stone bench wall and to construct and maintain a 4' beach access walkway with stairs and a 10' x 10' observation deck, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's property known as Croatan Beach, the "Encroachment Area"; and GPIN: NO GPIN ASSIGNED (CITY PROPERTY) GPIN: 2427-30-6345 (538 SOUTH ATLANTIC AVENUE, VIRGINIA BEACH, VA 23451) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT APPLICATION BY: RICHARD M. YANEK SITE ADDRESS: 538 S. ATLANTIC AVENUE VIRGINIA BEACH VIRGINIA", 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. 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 2 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 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. 3 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. IN WITNESS WHEREOF, Richard M. Yanek, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia 4 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: Ric a d M. Yanek, Owner STATE OF CITY/COUNTY OF'w i :_ _ .L. , to-wit: nd The foregoing instrument was acknowledged before me thisi day of tihe- , 201` , by Richard M. Yanek. a '`'Apr)\\( (SEAL) Notary Public Notary Registration Number: 11 y 2 ( I My Commission Expires: C- 3 I - Ua I ; MARGARET PHILLIPS NOTARY PUBLIC REGISTRATION.7742561 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Let-- T RE DA A . ARMEYER, SENIOR CITY ATTORNEY o (i DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 7 SITE DATA ATLANTIC OCEAN I ; .` - ,,' 1. GPIN: 2427-30-6345 \ i� 2. THIS SURVEY OF LOTS IO0 & 22, -EDGE M 1WATERF/16 ^. �,� BLOCK 26 RESUBDMSION OF 930 AM Tr/L6/Te PART OF CROATAN BEACH, 04, PLAT RECORDED IN H.B. 37, 'i ' CE C. LARGE '' PG. 11 AT THE CLERK'S O OFFICE OF THE CIRCUIT v Lic. No. 15317 COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA WAS -0 06/28/2019 COMPLETED UNDER THE 'A �/ DIRECT AND RESPONSIBLE C .. CHARGE OF, ERC A GARNER (VIRGINIA LICENSE LAND ASS/ONA� ECG\ SURVEYOR) FROM AN ACTUAL CITY OF VIRGINIA BEACH GROUND SURVEY MADE UNDER MY SUPERVISION; THAT THE ORIGINAL OBTAINED NOVEGBER 16, 2018;ONAND ° °° Ns. SOURCE THAT THIS PLAT INCLUDING o 0 0 (M B 3Z PG. 1 1) METADATA MEETS MINIMUM _ ACCURACY STANDARDS UNLESS ° OTHERWISE NOTED. LES(TYP)� �— 3. LIMITS OF LAND DISTURBANCE: ° -- TOE OF SLOPE 1,300 SQ. FT. 0 0 rot Cf 00 TOP -- TOP or svx T°P OF � 2n , DUNE GRASS /., F.4. \ SPRINKIfA NFAD�� _�,�K S 04'14'15" 50.00' �`' o<, „ O o •STONE \ k Piusc YP) O 0 O BENCH I a; `SPRINKLER HEAD fAG�� ,. OO w'� 6 6'METAL SHRUB EAEEN 6 . n 4'KE FENCE 00 'S', - ON WALL COLUMN(1YP) /J / e , LOT 21 AVES LOT 23 /`E PAVERMNG S BOARD RETNNNG WALL) T.B.M. C�N(�ND EOCE OG CROSS IN COLUMN STONE WC. GONNA • ELEV-18.b7 h o LOT 22 ^WALL° N N — — ; — — — — WLOT1O3 2 ICI � , LOT-9A LOT-11 N• 4) in Y 540 S ATLANTIC AVE 536 S. ATLANTIC AVE N (IN. 20060919000142840) (M.B. 37, PG. 11) h co GPIN: 2427-30-5390 GPIN: 2427-30-53 Qg.<c° co � �o45TWILGHT LN OF 50.00' I (FORMERLY ELM AVE) �N 04'14'15" W S. ATLANTIC AVENUE ( (50' R/W) FORMERLYAVENUE) EXISTING SITE CHAUTAUQUA N.B. 3Z PG. 1 1) SCALE: 1"=40' PURPOSE: WATERFRONT ACCESS ENCROACHMENT EXHIBIT PATIO, BEACH ACCESS WALJCWAY, AND OBSERVATION DECK APPLICATION BY: RICHARD M. YANEK SITE ADDRESS: 538 S. ATLANTIC AVENUE DATUM: NAVD 1988 VIRGINIA BEACH, VIRGINIA 23451 ADJACENT PROPERTY OWNERS: 1. DENNIS MICHAEL LYNCH REVISION: 06/28/2019 2. NBH de BJB ASSOCIATES LC DATE: 11/28/2018 F.B./PG.: 1062/27 Lordecope Architects 757.431.1041 Lord Surveyors i eam PLAT: C-646 1057/48 Civil Engineers SHEET 1 OF 5 WPL# 218-0354 242 Wlag In,Ste&W BdN 1b 23452 A TLANTIC ti OCEAN ti titi ry5 _ `EDGE OF WATER ' 9:30 AM 11/16/18 Ael /•�' ♦ Al,. r MER/D/AN SOURCE k} ,.* -;° CE C. LARGE It(M.a ,37 PG. 11 �_ Lic. No. 15317 4" 2 -0 06/28/2019 �it M 1's O OO 0 O O O �'' ,,' O PILES(TYP) 1200' STAIRS 0------ O o4' BEACH �� TOE OF SLOPE 1,So O O ��� = I I I I_I TO f OF.OP£ ACCESS ,�. \�� _ & WALKWAY 0o h o TD y p- , �� 4'x4 POST a OBSERVATION r K DECK TOPO y i c,� 1 .- TOP OF :1 r•�.. t. DUNE GRAST _�' •N 4Rx4-POST , (10.40) SPRINKIR HEAD v4 '•'TOP. 1" �I -7 OE pF S. E ,b --"v .• • S I. E G S 04'14'15" 50.00' , EDGE OF MARSH ,`tiy kill,. 1ry� rfSLOPSO O O --\\�� STONE v, `> Qx >�Y� PILES(TYP) R H 0 0 yry. WALL �yx S : METALSPRINKLER HEAD• SHR• UB LINE EO oR �O O ^ ��• iiii:i!IW • 4T METAL FENCE 00 V• .'/!�: /MEI:iIIIMr` -= --ON WALL `� ..8. COLUMN(TYP) . . 1 / } ' U, ` \ ,' AVERS A',q PAVERS DMNG '. , BOARD 14,?', 1 .16 RETAINING WALL ,I, i� �,• ' I , T.O.M. NGROUND Era-.3, 'CROSS IN COLUMN POOL NNE GRAVEL ELEV-18.57 2 • '• STUCCO LOT-9A �1 Lu WALL 540 S ATLANTIC AVE LOT-11 h , (IN. 20060919000142840) 536 S. ATLANTIC AVE et O GPIN: 2427-30-5390 o (M.B. 37, PG. 11) o GPIN: 2427-30-5328 L- Z Non SITE IMPROVEMENT PLAN (,) SCALE: 1"=30' PURPOSE: WATERFRONT ACCESS o ENCROACHMENT )SIT PATIO, BEACH ACCESS WALKWAY, AND OBSERVATION DECK = APPLICATION BY: RICHARD M. YANEK DATUM: NAVD 1988 :N e I :_ SITE ADDRESS: 538 S. ATLANTIC AVENUE VIRGINIA BEACH, VIRGINIA 23451 ADJACENT PROPERTY OWNERS: = 1_ E REVISION: 06/28/2019 1. DENNIS MICHAEL LYNCH 1 2. NBH de BJB ASSOCIATES LC DATE: 11/28/2018 F.B./PG.: 1062/27 Landscape Architects JST43LIM1e PLAT: C-646 1057/48 Civil Engineers SHEET 2 OF 5 WPL# 218-0354 242 Men;RI,Ste II,Vs Bch,Vs23452 o co Aellir •.;,e o £ CE C. LARGE 'z o v Lic. No. 15317 1 -3 06/28/2019 o i h O�,FSS/0 E�G � ,1 �� NAB r ,Th �o b Z � 4i okj I o h �ro �06 ac) e"--------------;------j —.— ,0't, I o I Ii N TI 2 —,B'6 - N j4 pp W N i0 FRAMING SPECIFICATIONS' h • AU. PILES TO BE 8"0 MIN. WITH 15' PENETRATION. po s•f i • HEADERS AND JOISTS TO BE FULL 2"x8" TIMBERS. r\ r_ �ALL HEADER BOLTS TO BE "0 WEATHER TUFFS WITH V + i p OGEE WASHERS AND NUTS. • DECKING TO BE COMPOSITE OR 2" TIMBER SECURED WITH Q0. STAINLESS STEEL SCREWS. h k PROFILE PLA\ N N p SCALE: 1"=10' PURPOSE: WATERFRONT ACCESS = ENCROACHMENT EXHIBIT PATIO, BEACH ACCESS WALKWAY, AND OBSERVATION DECK - = APPLICATION BY: RICHARD M. YANEK c SITE ADDRESS: 538 S. ATLANTIC AVENUE DATUM: NAVD 1988 =ZE - - VIRGINIA BEACH, VIRGINIA 23451 ADJACENT PROPERTY OWNERS: EL E — REVISION: 06 28 2019 1. DENNIS MICHAEL LYNCH / / 2. NBH do BJB ASSOCIATES LC DATE: 11/28/2018 F.B./PG.: 1062/27 Landscape Architects 757.431.1041 Land sa,ryar. e4thaoa, PLAT: C-646 1057/48 242'tltg T4,se 13,*BA,ro 23452 . SHEET 3 OF 5 WPL# 218-0354 NOTES: 1. ALL FRAMING LUMBER AND PILINGS SHALL BE CCA 2.5 ROUGH MARINE SALT TREATED. ; , '' :'oe 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. 3. ALL PILES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. / - .�� o 4 CE C. LARGE ' - - U Lic. No. 15317 3'-0" -006/28/2019 � \ ct 2iXi 2"x6" MIN. 0,, (CONTRACTOR TO INSTALL 4 X4 SALT TREATED WOOD FOR �SS/ONAL � G ALL RNUNGS) \7_ — —\ i _ — \ ...,.--_--... ....,.-_-_,,, 2"x2" PICKETS © 4" O.C. 2"x12" BAND 2'x8' DECKING 711-' 8' MAX. -* 4.0' zmr.r..,...., IUI NOTE: CONTRACTOR TO VERIFY NUMBER \ 2"x8' STRINGER o 0 OF RISES BASED \ TREADS (2) 2x5 DECKING (TYPICAL) ON EX. GRADE MIN. 10" (STAIR TREAD NOSING (2)2x8 0 8'-0' FIN DEPTH MIN. OVERHANG 3/4" 'r MAX. OVER- HANG 1 1/4") 2x6 BRACE 16 8'0 PIE, 15' PENETRATION 3' MIN. 11/4 MIN., 8' O.C. MAX 16" MAX DUSTING DUNE 2x12 Ronal *****://:.... — �kMAX \\ \\ \EX GRADE1— \ \j/\ \j j\\ 1/2'CAI AGE BOLT / �\ � \\ 15' MIN. 2x6 LEDGER �\ \< \ \<\ 8'O PIE, 15' PENETRATION 15' MIN. \/� \/� ' \/� MM., 8' O.C. MAX A \ \ < < STEPS TO BE BUILT ALONG EX. SAND� \//\/j\\�/ /\\ \� � SLOPE (THE PROPOSED STEPS \z\\z\\/ \\\/\ SHALL NOT EXTEND BEYOND THE HEIGHT GREATER APPROVEDSETBACKS"AT A TYPICAL WALK SECTION ABOVE THE ADJACENT GRADE) 3/8" = 1' STAIR & RAIL SECTION DETAILS 1/2" = 1' SCALE: NOTED PURPOSE: WATERFRONT ACCESS ENCROACHMENT EXHIBIT PATIO, BEACH ACCESS WALKWAY, AND OBSERVATION DECK APPLICATION BY: RICHARD M. YANEK DATUM: NAVD 1988 — = SITE ADDRESS: 538 S. ATLANTIC AVENUE ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VIRGINIA 23451 1. DENNIS MICHAEL LYNCH �. REVISION: 06/28/2019 2. NBH & BJB ASSOCIATES LC I DATE: 11/28/2018 F.B./PG.: 1062/27 Landscape Architects �°`� 757.431.1041 '�e..= PLAT: C-646 1057/48 22 a*Ilt9 SHEET 4 OF 5 WPL# 218-0354 242 Ie�g Try Ste Q Vs Bc4 Vs 23452 NOTES: 1. ALL FRAMING LUMBER AND PILINGS SHALL BE CCA 2.5 ROUGH MARINE SALT TREATED. I ; ,,' ' � 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. _ 3. ALL PILES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. / " .� o ' CE C. LARGE z U Lic. No. 15317 >" 06/28/2019 �tt ^ LANDING O�SSIONAL °�G � /4.14' 7.00'—/ 12.00' N ^ O f D ci �i a � O Q 8.00' fl STAIRS 0 STAIRS i• = D ^0 810 PILE, 8' 0.C. qi MAX, 15' MIN PENETR4710N 0 0 ^ (TYPICAL) N. 4' BEACH 0 i\0 0 ACCESS 1 " WALKWAY h h * 0 0 0 0 0 vi 0 0 0 0 on OBSERVATION .1: -'3.14,' -6.00'-7 6.00' DECK `N O 0 0 0 C (10'x102 K h ,4.574.57' o 1. 0 co 0 0 b ,• 60 14' .402 0 0 0 O d 0 sl 5.00'a K4.04 . 06 �� N 0 A 01 2.58' C (d 2.60 IC) 18 N `l • 4 P "ia } a n a L 12.40' - 51 --5.05-2.95,- LANDINGS D ETA I LS AND STAIRS SCALE: 1"=10' PURPOSE: WATERFRONT ACCESS ENCROACHMENT )®1T PATIO, BEACH ACCESS WALKWAY, AND OBSERVATION DECK APPLICATION BY: RICHARD M. YANEK DATUM: NAVD 1988 SITE ADDRESS: 538 S. ATLANTIC AVENUE ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VIRGINIA 23451 1. DENNIS MICHAEL LYNCH REVISION: 06/28/2019 2. NBH do BJB ASSOCIATES LC Landscape Architects 757.+31.1041 DATE: 11/28/2018 F.B./PG.: 1062/27 Land s,,.,,nn *sitcom PLAT: C-646 1057/48 242 Engineers* dSHEET 5 OF 5 WPL# 218-0354 ■s4sw�yTa�awaavazxsz w I � A z -� LL> .ai d A Q Li- O ILO O N Z a 2PM (NICN w E } 2 p ag o 2 • J M c> 02PIr O U 0 a Q Fe 0 0 _ W _— l/--r y O 0 Q U Ili, --':,--- , h___ # 4 ____ S ALANT`G .:,____ ,E___---- ' \ \ , rig �` ` � o '-'.\ \ 1 \ V v ,ti \ \ \ \ ' -3 ' ca —_" im U \G in E \ I \,_ _ A�AER OE UDa) ON Q. y �°F°A \( RGMI o a d •'o 119 a o��gy.� '0 t NJ a a .,l ,: -. G, f U _ I u. z J O a a Z .c °' 39 ITEM— VLK.6 ORDINANCES ITEM#69757 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date to satisfy the conditions re closure of Lake Avenue, Oak Street, and portions of Locust Crescent and Ellis Avenue (Approved November 27, 2012) 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 November 12, 2019 1 AN ORDINANCE EXTENDING THE 2 DATE FOR SATISFYING THE 3 CONDITIONS IN THE MATTER OF 4 CLOSING LAKE AVENUE, OAK 5 STREET, AND PORTIONS OF LOCUST 6 CRESCENT AND ELLIS AVENUE 7 8 WHEREAS, on November 27, 2012, City Council acted upon the 9 application of the City of Virginia Beach (the "Applicant") for the closure of Lake Avenue, 10 Oak Street, and portions of Locust Crescent and Ellis Avenue, as shown on Exhibit A 11 attached hereto; 12 13 WHEREAS, on November 27, 2012, City Council adopted an Ordinance 14 (ORD-3262M) to close the aforesaid rights-of-way, subject to certain conditions being 15 met on or before November 26, 2013; 16 17 WHEREAS, on October 2, 2013, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action, and on November 19 12, 2013, City Council adopted an Ordinance (ORD-3308B) approving the extension of 20 time to meet certain conditions to on or before November 26, 2014; 21 22 WHEREAS, on October 14, 2014, the Applicant requested an additional 23 three (3) years to satisfy the conditions of the aforesaid street closure action, and on 24 November 18, 2014, City Council adopted an Ordinance (ORD-3382C) approving the 25 extension of time to meet certain conditions to on or before November 26, 2017; 26 27 WHEREAS, on September 27, 2017, the Applicant requested an 28 additional two (2) years to satisfy the conditions of the aforesaid street closure action, 29 and on November 7, 2017, City Council adopted an Ordinance (ORD-3520U) approving 30 the extension of time to meet certain conditions to on or before November 26, 2019; and 31 32 WHEREAS, on October 23, 2019, the Applicant requested an additional 33 two (2) years to satisfy the conditions of the aforesaid street closure action. 34 35 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 36 Virginia Beach, Virginia: 37 38 That the date for meeting conditions of closure as stated in the Ordinance 39 adopted on November 27, 2012 (ORD-3262M), upon application of the City of Virginia 40 Beach, is extended to November 26, 2021. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on this 43 12th day of November , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: LtAltaq tit k ky, �-- City Attorney Planning epartment CA14834 \\vbgov.com\dfs l appl ications\citylaw\cycom32\wpdocs\d029\p032\00598883.doc R-1 October 30, 2019 FOR LOT OWNER INFORM A2ON FOR SEE PARCELS IDENTIFIED AS Al THROUGH®, Ip N/F ® N/F I CITY OF CITY OF NORFOU< LOCUST CRESCENT (VAR. R/W) VIRGINIA BEACH 'LAKE SMITH" t (D.B. 2397, PG. 126) IPARCEL A GPIN 1469-62-7175 (FORMERLY ELM ST.-M.B.3, PG.171-40' R/W) S3670'11'W 116. 9.81' .g 317.21 P.I. n 7 1 5.58 -\ a a� o� cs,m BLOCK 2-LAKESIDE CI © �r iSicil\�y so (M.B. 3, PG. 171) © © r f•ch 40 �a0 © O/ � o ^z © © CITY OF VIRNGINIA BEACH z 3 ' 'ptx �o,� N c� �' / 1`40'11'E 299.61"r cd J AVENUC 50 R/W)i / 4 , a 6i 9.4 IFORMERLY PINE ST.-M.8.3, P .171) 'E it ^5o } N51'39'KO'W 299.69 ..z m z c I rg BLOCK 3 - LAKESIDE 03 �/^ W0 _< 5 R c4°' gili 7 (M.B. 3, PG. 171) j :ID*. a W c t / < r lig Mv .,/ Wm ir�7$ © cc PROPERTY UNE Q,t, z E3 v 0 BY CITY DEED 618 i-/ 3 S F. 'i. rl D.B. 51, PG. 10 �_'/ = z S51'32'01"E 390.70' z - i/ ,OAk STREET I 4 (40 R/yV)) /// N 3491991.9219 (M.B. 3. PG. 171))1'� E 12165498.3107 f1'�i N51'23 j� W ,,/w 192.17 124.17' 115.2T N5117'16'W 316.34' OA. STREET UNE AS SHOWN IN M.6.3, PG. 171 id '--'-'---__ NA. [7,/,///A AREA OF STREET CLOSURE e,§ CI OF VIRGINIA BEACH55,214 SF 1.2675 AC. n PARCEL B W INST. #20060706001024770(DEED) UNE TABLE INST. #20060522000771350(PLAT) UNE BEARING DISTANCE GPIN 1469-52-7035 L1 N3870'40'E , 49.95' MERIDIAN REFERENCE: L2 N51'37'16'W 75.00' ' VIRGINIA STATE PLANE COORDINATE SYSTEM L3 N38'23'54"E 39.96' SOUTH ZONE, NORTH AMERICAN DATUM L4 N36'48'17'W 136.86' 1983/1993 (HARN) (U.S. SURVEY FOOT) L5 S2516'43'W 35.93' GRAPHIC SCALE 100 50 1 100 EXHIBIT SHOWING A CLOSURE OF 200 A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET - M.B. 3, PG. 171) ( II+ ruT ) & A PORTION OF EW5 AVENUE I. i inch ' 100 (FORMERLY PINE STREET - M.B. 3, PG. 171) I fer1,TH ssospoi. AND A CLOSURE OF I ° LAKE AVENUE AND OAK STREET b • �� N.B. 3, PG. 171) ci O VIRGINIA BEACH, VIRGINIA tic. Ho. 2516 Patton Harris Rust & Associates t ///07/1/ 4 1- Engineers. Surveyors. Planners. Landscape Architects. �'�4 auavt' y + 410 NORTH CENTER DRIVE, SUITE 100 } � Norfolk, VA 23502 pH jjj T 757.497.7472 F 757.497.0250 } • MEER 7 2011 _ 1 -100 `" �" 1 6700-1-1 4 IDENTIFIER PARCEL & OWNER IDENTIFIER PARCEL & OWNER pA LOTS 9, 10 — BLOCK 2 © LAKE SMITH N/F CITY OF VIRGINIA BEACH N/F CITY OF NORFOLK INST.#20060706001024770 (DEED) IN ST.#20060522000771350 (PLAT) INST.#20060522000771380 (PLAT) D.B. 51, PG. 10 GPIN 1469-52-4486 GPIN 1469-62-7175 O LOT 11 — BLOCK 2 Q LOTS 21-32 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST.#20081120001335970 IN ST.#20060706001024770 (DEED) M.B. 3, PG. 171 INST.#20060522000771390 (PLAT) GPIN 1469-52-5403 GPIN 1469-52-4277 , © LOTS 12-20 — BLOCK 2 © A PORTION OF LOTS 1-8, AND N/F CITY OF VIRGINIA BEACH ALL OF LOTS 9-19 — BLOCK 3 INST.#20060706001024770 (DEED) N/F CITY OF VIRGINIA BEACH INST.#20060522000771420 (PLAT) INST.#20060706001024770 (DEED) GPIN 1469-52-6306 INST.#20060522000771390 (PLAT) OD A PORTION OF LOTS 23, 24, 25 & GPIN 1469-52-3280 26 — BLOCK 2 pM LOT 20 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060706001024770 (DEED) INST.#20060522000771400 (PLAT) INST.#20060522000771390 (PLAT) GPIN 1469-52-5486 GPIN 1469-52-5130 E© A PORTION OF LOT 27 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771400 (PLAT) GPIN 1469-52-6433 FO LOTS 28, 29 — BLOCK 2 N/F AUGUSTUS COSTON D.B. 96, PG. 79 M.B. 3, PG. 171 GPIN 1469-52-6482 © LOTS 30, 31 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771410 (PLAT) GPIN 1469-52-7421 Q LOT 32 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20080619000727770 M.B. 3, PG. 171 GPIN 1469-52-7336 0 PARCEL A N/F CITY OF VIRGINIA BEACH , INST.#20060706001024770 (DEED) INST.420060522000771350 (PLAT) GPIN 1469-52-9638 EXHIBIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET - M.B. 3, PG. 171 & A PORTION OF ELLIS AVENUE (FORMERLY PINE STREET - M.D. 3, PG. 171) wpy7H OTC. AND D> A CLOSURE OF ', LAKE AVENUE NW OAK STREET 0 (M.B. 3, PG, 171) T is . r VIRGINIA BEACH, VIRGINIA Lic. No. 2516 Patton Harris Rust & Associates ///0ilt t Engineers. Surveyors. Planners. Landscape Architects. td 404 b suav'E'' D N10 NORTH 2 CENTER ER DRIVE, SUITE 100 S*1 ET 2 OF 2 J 11 T 757.497.7472 F 757.497.0250 NOVEMBER 7, 2011 N A "" TFF `" 16 e.-1-14 40 ITEM— VLK.7 ORDINANCES ITEM#69758 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $225,500 of Fund Balance from the Sherifs Office Special Revenue Fund to the Sheriff's Office FY2019-20 Operating Budget re replacement of inmate property mobile shelving storage 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 November 12, 2019 1 AN ORDINANCE TO APPROPRIATE $225,500 OF 2 FUND BALANCE FROM THE VIRGINIA BEACH 3 SHERIFF'S OFFICE SPECIAL REVENUE FUND TO 4 THE VIRGINIA BEACH SHERIFF'S OFFICE 5 OPERATING BUDGET FOR REPLACEMENT OF 6 INMATE PROPERTY MOBILE SHELVING STORAGE 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 $225,500 of fund balance from the Virginia Beach Sheriff's Office Special 12 Revenue Fund is hereby appropriated to the Virginia Beach Sheriff's Office FY 2019-20 13 Operating Budget, with estimated revenue increased accordingly, to be used for inmate 14 property mobile shelving storage replacement. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of November 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: Budget and Management Services City Attorney's Office CA14912 R-1 October 24, 2019 41 ITEM— VLK.8 ORDINANCES ITEM#69759 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH estimated$300,000 in revenues from Human Services to Police and INCREASE appropriations in the Police Department FY 2019-20 Operating Budget re Crisis Intervention Team (CIT)Security Center Overtime 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 November 12, 2019 1 AN ORDINANCE TO ESTABLISH REVENUES FROM 2 HUMAN SERVICES TO POLICE AND INCREASE 3 APPROPRATIONS IN THE POLICE DEPARTMENT FOR 4 CRISIS INTERVENTION TEAM SECURITY CENTER 5 OVERTIME 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $300,000 in revenue is hereby estimated, with transfer revenues from Human 11 Services increased accordingly, in the FY 2019-2020 Police Department 12 Operating Budget. 13 14 2. $300,000 is hereby appropriated, with miscellaneous revenue increased 15 accordingly, to the FY 2019-20 Police Department Operating Budget for Crisis 16 Intervention Team Security Center Overtime. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of November 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: A 10 B dget & Management Services Ci y rrfe 's Office CA14915 R-1 October 28, 2019 42 ITEM— VLK.9a ORDINANCES ITEM#69760 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $519,520 from Virginia Department of Transportation (VDOT)to Capital Project#4- 064, "City Bikeways and Trails Plan Implementation II" re asphalt path connecting Violet Bank Drive to Selwood Drive, Sherwood Lakes and Highgate Greens neighborhoods to Three Oaks Elementary School 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 November 12, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VDOT TRANSPORTATION 3 ALTERNATIVES SET-ASIDE PROGRAM TO CAPITAL 4 PROJECT #4-064, "CITY BIKEWAYS AND TRAILS PLAN 5 IMPLEMENTATION II" 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $519,520 in federal revenue provided by the Virginia Department of 11 Transportation (VDOT) is hereby accepted and appropriated to CIP # 4-064, "City 12 Bikeways and Trails Plan Implementation II," in the FY 2019-20 Capital Improvement 13 Program for an asphalt path connecting the eastern end of Violet Bank Drive to Selwood 14 Drive and an asphalt path connecting the Sherwood Lakes and Highgate Greens 15 neighborhoods to Three Oaks Elementary School. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of November 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: ccf Budget and Management Services City Att y's Office CA14914 R-1 October 24, 2019 43 ITEM— VI.K.9b ORDINANCES ITEM#69761 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. Grant Funds totaling $80,125 from the Edward Byrne Justice Assistance Grant to FY2019-20 Operating Budgets of the Sheriffs Office, Police Department, Juvenile and Domestic Relations Court, the Community Corrections and Pre-Trial Services 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 November 12, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE BYRNE 2 JAG GRANT FUNDS FOR LAW ENFORCEMENT 3 PURPOSES 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1 . $80,125 in federal funds from the United States Department of Justice, through 9 the federal Fiscal Year 2019 Edward Byrne Justice Assistance Grant, are 10 hereby accepted and appropriated, with federal revenue increased accordingly, 11 to the following departments, in the following amounts, for the following 12 purposes in their Fiscal Year 2019-20 Operating Budgets: 13 14 a. $10,000 to the Virginia Beach Sheriff's Office for the purchase of one K-9 15 and related supplies for the Virginia Beach Correctional Center; 16 17 b. $48,222 to the Police Department for the purchase of law enforcement 18 equipment for the Uniform Patrol Division; 19 20 c. $3,000 to the Virginia Beach Juvenile and Domestic Relations Court for the 21 purchase of computer equipment; 22 23 d. $18,903 to the Community Corrections and Pre-Trial Services Division for 24 the purchase of hair follicle and urine drug screen tests and to employ a 25 temporary contractual administrative position. 26 27 2. The Mayor, in his capacity as chief elected official of the City of Virginia Beach, 28 is hereby authorized to execute, on behalf of the City of Virginia Beach, all 29 necessary agreements, certifications, and assurances as instructed and 30 required by the United States Department of Justice, and other City officials, 31 such as the City Manager or City Attorney, are authorized to make 32 certifications required by the Department of Justice for this grant provided such 33 certifications are consistent with this ordinance and applicable Virginia law. 34 35 3. The replacement of the above items purchased with these grant funds is 36 conditioned upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of November , 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APP,13.0V D AS TO LEGAL SUFFICIENCY: Budget and anageme Services y Attorn y's Office CA14911 / R-1 /October 21, 2019 44 ITEM— VLIGlOa ORDINANCES ITEM#69762 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA) to the Fire Department FY 2019-20 Operating Budget: a. $1,364,604 re support Urban Search and Rescue FEMA Team, Virginia Task Force 2 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 November 12, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1 ,364,604 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO SUPPORT THE URBAN 4 SEARCH AND RESCUE FEMA TEAM, VIRGINIA TASK 5 FORCE 2 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $1,364,604 is hereby accepted from the U.S. Department of Homeland 11 Security Federal Emergency Management Agency and appropriated, with federal 12 revenue increased accordingly, to the FY 2019-20 Operating Budget of the Fire 13 Department for the FY 2018-19 Cooperative Agreement Grant that continues operation 14 of the Virginia Task Force 2 Urban Search and Rescue Team. 15 16 2) That 2.3 FTEs of currently grant-funded positions are hereby approved for the 17 duration of the grant expenditure period and conditioned upon continued grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of November , 2019. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget an anagement Services City Attorney s Office CA14916 R-2 November 1, 2019 45 ITEM— VI.K.10b ORDINANCES ITEM#69763 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA) to the Fire Department FY 2019-20 Operating Budget: b. $1,107,810 re costs for the mobilization of the Urban Search and Rescue FEMA Team, Virginia Task Force 2 to areas impacted by Tropical Storm Barry and Hurricane Dorian 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 November 12, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1 ,107,810 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO SUPPORT THE 4 MOBILIZATION OF VIRGINIA TASK FORCE 2 URBAN 5 SEARCH AND RESCUE TEAM TO AREAS IMPACTED 6 BY TROPICAL STORM BARRY AND HURRICANE 7 DORIAN 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 $1 ,107,810 is hereby accepted from the U.S. Department of Homeland Security 13 Federal Emergency Management Agency and appropriated, with federal revenue 14 increased accordingly, to the FY 2019-20 Operating Budget of the Fire Department for 15 the reimbursement of costs related to the deployment of members of the Virginia Task 16 Force 2 Urban Search and Rescue Team for Tropical Storm Barry and Hurricane Dorian. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 th day Of November , 2019. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (ff Budget and Ianagemen Services City Attorney's Office CA14917 R-1 October 29, 2019 46 ITEM— VI.K.11a ORDINANCES ITEM#69764 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the FY2019-20 Fire Department Operating Budget: a. $44,802 re technical rescue training and purchase of 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 November 12, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $44,802 FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT TO THE FIRE 4 DEPARTMENT FOR THE PURCHASE OF 5 TECHNICAL RESCUE TRAINING AND EQUIPMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $44,802 is hereby accepted from the Virginia Department of Emergency 11 Management and appropriated, with federal revenue increased accordingly, to the FY 12 2019-20 Operating Budget of the Fire Department for the purchase of technical rescue 13 training and equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 th day of November , 2019. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A orne s Office�� CA14919 R-1 October 29, 2019 47 ITEM— VI.K.11b ORDINANCES ITEM#69765 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the FY 2019-20 Fire Department Operating Budget: b. $10,358 re purchase of hazardous materials 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 November 12, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $10,358 FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT TO THE VIRGINIA 4 BEACH FIRE DEPARTMENT FOR THE PURCHASE 5 OF HAZARDOUS MATERIALS EQUIPMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $10,358 is hereby accepted from the Virginia Department of Emergency 11 Management and appropriated, with federal revenue increased accordingly, to the FY 12 2019-20 Operating Budget of the Fire Department for the purchase of hazardous 13 materials equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of November , 2019. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPOVED AS TO LEGAL SUFFICIENCY: )--)E7C2' Budget and Management Services City Attorney's Office CA14918 R-1 October 29, 2019 48 ITEM— VLK11c ORDINANCES ITEM#69766 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Virginia Department of Emergency Management to the FY 2019-20 Fire Department Operating Budget: c. $76,000 re swift water rescue training and purchase of 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 November 12, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $76,000 FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT TO THE FIRE 4 DEPARTMENT FOR THE PURCHASE OF SWIFT 5 WATER RESCUE TRAINING AND EQUIPMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $76,000 is hereby accepted from the Virginia Department of Emergency 11 Management and appropriated, with federal revenue increased accordingly, to the FY 12 2019-20 Operating Budget of the Fire Department for the purchase of swift water rescue 13 training and equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of November 2019. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an anagement Services City tofey's Office CA14920 R-1 October 29, 2019 49 ITEM— VLL.1 PLANNING ITEM#69767 The following registered to speak: Bruce Berlin, 1081 196 Street, spoke on behalf of the applicant in SUPPORT Randy Royal, 4525 Market Street, Phone: 213-8600, spoke on behalf of the applicant in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS CONDITIONED, Application of GENERAL BOOTH VENTURE, LLC / KAMPGROUNDS OF AMERICA, INC.,for a Conditional Use Permit re automobile service station at the Northeast corner of General Booth Boulevard and Prosperity Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GENERAL BOOTH VENTURE, LLC / KAMPGROUNDS OF AMERICA, INC.,for a Conditional Use Permit re automobile service station at the Northeast corner of General Booth Boulevard and Prosperity Road (GPINS 2415684332, 2415685662, 2415685974, 241568845)DISTRICT 6—BEACH The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "CONDITIONAL USE PERMIT- PRELIMINARY PLAN"prepared by Kimley Horn, dated May 7, 2019, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The applicant shall install the improvements within the rights-of-way as described in the Traffic Impact Analysis titled, "Wawa(KOA Site),"prepared by Volkert,Inc., revised September 6, 2019 that include, but are not limited to a north-bound right-turn lane along General Booth Boulevard at the proposed access point; a second westbound left turn lane at the General Booth Boulevard and Prosperity Road intersection; and an east-bound left-turn lane on Prosperity Road at the proposed access point. The applicant shall also be required to install an east-bound through lane on Oceana Boulevard at the intersection that shall be built in conjunction and timed as determined appropriate by the Department of Public Works, with the City intersection improvement project scheduled for construction in 2026. 3. The exterior of the proposed building fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "WAWA W50 FB M VA, " prepared by Cuhaci&Peterson, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. November 12, 2019 50 ITEM— VLL.1 PLANNING ITEM#69767 (Continued) 4. The freestanding sign shall be monument style with a stone base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "WAWA MONUMENT SIGN,"prepared by Icon, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department. 5. Signage for the site shall be limited to: a. Directional signs. b. One(1) monument-style freestanding sign, no more than eight(8)feet in height, set on a stone base and two (2) building and/or canopy signs. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. At the time of site plan review, a Landscape Plan that a minimum reflects the plant material depicted on the submitted Concept Landscape Plan, along with all applicable requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 7. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type,proposed shielding, and light dimming capabilities. 8. All light fixtures on the site shall be no taller than eighteen (18)feet in height. 9. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10. No outdoor vending machines and/or display of merchandise shall be permitted. 11. All vacuums and air pumps shall be screened from the right-of-way with a wall and plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. November 12, 2019 51 ITEM— VLL.1 PLANNING ITEM#69767 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12`'' day of November Two Thousand Nineteen. Voting.• 9-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Abstaining: Louis R.Jones Council Members Absent: None November 12, 2019 fj r ,` �_ ! 714.e + r N r 1.: 10/ / _,... . o, t� e / Li O _.4) ._., AV4 I., , 4 ' 1, .• pp U 4.2 `a 1 :. co to It 03 xi fig} { 'r Ii ;! th ,� �1r • ; 0 ' tom'\\\\I'1/40: N4 .' `` s-------------- _.„ ,.....N.N: Ali1/4N‘an.i, 4.1.N\ N i i ' CI) CU • `_- a. CO gilt a•g o �� °o CO , 7 4 N A- ./ CO 15 r 1 co 1 :el c i'" i r` x CO COC7`° I�jt - 1 t.-�1 {!1 N CI- ' co 611.11A BEAc 0 N City of Vir iriia I ;each v2 O ors S 0 Op 00R NAt�oN LOUIS R.JONES PHONE: (757)583-0177 COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669 Refer to File No. 0066325 November 12, 2019 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of General Booth Venture, LLC for a conditional use permit for an automobile service station on properties located in the northeast corner of General Booth Boulevard and Prosperity Road(GPINs 2415684332, 2415685662, 241568974, and 24158845). 2. The property is proposed to be redeveloped for a Wawa convenience store and gas station. 3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters is located at 8464 Tidewater Drive, Norfolk, Virginia. Holloman-Brown Funeral Home is in negotiations with Wawa regarding a potential real estate transaction that is unrelated to this application. 4. I have chosen to abstain from voting on this matter. 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 Mrs. Amanda Barnes -2- November 12, 2019 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Louis R. J•'4es Councilmember LRJ/RRI 52 ITEM— VLL.2 PLANNING ITEM#69768 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED Application of CITY OF VIRGINIA BEACH request for Major Entertainment Venue Signage for properties South of 1-264, West of Parks Avenue, North of 18t Street, West of Washington Avenue, North of 17`h Street and East of North Birdneck Road DISTRICT 6-BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CITY OF VIRGINIA BEACH request for Major Entertainment Venue Signage for properties South of I-264, West of Parks Avenue, North of 18`h Street, West of Washington Avenue, North of 17`h Street and East of North Birdneck Road (GPINS 2417661204, 2417760211, 2417763377, 2417769535, 2417866932,2417778217)DISTRICT 6—BEACH The following conditions shall be required: 1. All signage shall be in substantial conformance in dimension and design with the submitted sign packages entitled, "VIRGINIA BEACH SPORTS COMPLEX," dated May 6, 2019, May 7, 2019, or May 8, 2019 (dates vary for each sign type) and "VA Beach Cony. Center" dated August 27, 2019, both packages of which have been prepared by AGI. The sign packages are included in this report and will remain on file in the Department of Planning and Community Development. 2. Signs shall be equipped with a working dimmer control capable of automatically reducing the illumination of the required daytime (sunrise to sunset)and nighttime(sunset to sunrise) levels. 3. Signs shall not flash or display animated graphics. 4. No audio speakers are permitted. 5. A sign package for any additional signs, including directional and wayfinding signs, shall be submitted to the Planning Director for review prior to approval to ensure all signs have a consistent design and are well coordinated with traffic circulation and landscape plans. 6. The final design and specifications of the signs, including structural elements, illumination levels, and display settings, shall be submitted to the Planning Director for review and shall be deemed acceptable by the Planning Director prior to submission of plans for sign permits. 7. Permits shall be obtained from the Department of Planning, Zoning Division prior to the installation of any permanent signage. November 12, 2019 53 ITEM— VLL.2 PLANNING ITEM#69768 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12th day of November 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 November 12, 2019 3 — t l ii. 4-0,-,-\\n n- ,.,„,„is, ' . , ',' -N,„, ' y , v i 40.� y, 1\0 '1 ' '1I. din. =... ,: T---, ..1, 4 w•--� . gr A , , -\‘, ', ,..------- n-ii•-:'•;'?",:'' ',1*-1- 4,-,. ._. ...tici...„ 1., 1 s.r,.... , , .. e„,,,,‘,.11t . 11., /, „....-1 - ' * V.,_,_;) \tr„,,, c. ,,..s.- -1 -j}5 e L Et --- ‘% 1 `t,4 .431\•:4,.. \ . . • :,,.-3.1:=______-_- "_ ,.,,N `' i :: , .i \ a t�� `0 " til'' N,:::\.: . .:A, __ N\v4:.''', p' ,* O : \\\\.\\\. 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APPOINTMENTS ITEM#69769 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 BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOUTHSIDE NETWORK AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD November 12, 2019 55 ITEM VI-M. APPOINTMENTS ITEM#69770 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: SUSANNAH UROSKIE Unexpired term thru 12/31/2020 and REAPPOINTED: PATRICIA ALSPAUGH PHILLIP BLACK YVONNE LEWIS TODD WALKER Three year term 1/1/20—12-31-22 COMMUNITY 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 November 12, 2019 56 ITEM VI-N. UNFINISHED BUSINESS ITEM#69771 Council Member Moss advised he has received community feedback regarding the intersection of Kempsville Road and Indian River Road and requested to have the City Manager provide an update on the construction being completed. November 12, 2019 57 ADJOURNMENT ITEM#69772 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 8:21 P.M. Terri H. Chelius Chief Deputy City Clerk a da Barnes,MMC Robert M. Dyer ity Clerk Mayor City of Virginia Beach Virginia November 12, 2019 58 OPEN DIALOGUE The following registered to speak: Tahlee Robertson, 1300 Diamond Springs Road, Suite 300, Phone: 228-3560, spoke concerning his support for the Boys and Girls Club Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke regarding the recent elections and requested appointment to a Board or Commission Barbara Messner, P. O. Box 514, requested to have Open Dialogue televised and other concerns regarding governance Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke regarding the Broadband Authority ADJOURNED AT 8:34 P.M. November 12, 2019