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Home My WebLink AboutMAY 19, 2020 SPECIAL SESSION MINUTES 0,01711 �.OAP XRT\ON VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 19, 2020 Mayor Robert M.Dyer called to order the CITY COUNCIL'S BRIEFINGS in the City Council Chamber, City Hall, Tuesday, May 19, 2020, at 4:00 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 *Rosemary Wilson participated via WebEx 2 CITY MANAGER'S BRIEFINGS COVID-19 UPDATE ITEM#70243 4:02 P.M. Mayor Dyer welcomed Dr. Demetria Lindsay, Director — Virginia Beach Health Department and Erin Sutton, Director — Office of Emergency Management. Dr. Lindsay expressed her appreciation to City Council for their continued support. Dr.Lindsay advised there are 564 cumulative COVID-19 cases in the City with 510 confirmed 54 probable, 355 cases have been cleared from isolation and the cumulative death toll is nineteen (19). Dr. Lindsay advised 9,337 tests have been administered in the City with 2.1%of those resulting in positive results in the past seven (7) days. Dr. Lindsay turned the brief over to Mrs. Sutton. Mrs. Sutton provided the following updates: • The State entered Phase One of reopening and the beaches will reopen on May 22, 2020, with some restrictions in place. Our Beach Ambassador Program will be available to support the reopening in terms of engaging the public and cleaning high-contact surfaces. • City has activated airborne overwatch to assess public compliance with the Governor's executive orders. Drone teams and police aviation are working together in order to collect video record of the level of activity at certain locations across the City including Mt. Trashmore, Sandbridge, the Oceanfront, the Narrows, and Chicks Beach. • The Logistics Team continues to work with all City Departments to provide Personal Protective Equipment(PPE) and is shifting the goal of having a thirty(30) day supply to ninety(90). • Human Services has processed 5,047 SNAP Benefit Applications since March 23, 2020. The main office on Virginia Beach Boulevard will remain closed through next week. • Norfolk Human Services is handling EBT card pick up on our behalf and will continue to assist with the EBT card distribution through next week. City staff continues to process eligibility for all applications. • Ninety-eight(98)children are enrolled in the childcare program for City and Sentara's health care employees. • Last week, City Schools provided 106,000 meals and this program will extend through the summer. Mrs. Sutton concluded her updates advising the City is currently under a coastal flood warning continuing through at least Thursday night. Mrs. Sutton advised minor to moderate tidal flooding is expected along the Atlantic Ocean facing beaches and wind gusts of 30-40 knots with seas of 8-12 feet are expected across the coastal waters and the lower Chesapeake Bay. Winds will be strongest this afternoon through Wednesday morning. Mayor Dyer expressed his appreciation to Dr. Lindsay and Mrs. Sutton for the update. May 19, 2020 3 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 4:12 P.M. Mayor Dyer welcomed Ronald H. Williams, Jr., Deputy City Manager and Steven R. Cover, Deputy City Manager. Mr. Williams expressed his appreciation to City Council for their continued support. COVID-19 Recovery Key Initiatives & Beach Opening Procedures Ronald H.Williams,Jr. Deputy City Manager Update to Virginia Beach City Council May 19,2020 Here is an overview of the Recovery Assistance Update: • 1. Business Assistance -> - - •Approximately 500 applications received for EDIP Part E grants •Eligible applications will be considered for approval at June 2"^VBDA meeting •7 café dining permits were issued on May 15th at Town Center&Oceanfront Recovery 2. Housing Assistance Assistance •600 applications received Update Y1 •86%met the initial eligibility criteria • 132 initially processed with the average amount of assistance for 2 months rent at -- $2426 3. CARES Act$39.3 M •Direct local allocation available for COVID- - - - 19 expenses and other programs May 19, 2020 4 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) Virginia Beach Access Plan •Governor Northam approved the Virginia Beach COVID-19 Phase One Beach Opening Operating \\ 4 Procedures and referred to as the %\1 ' Virginia Beach Access Plan \k. / •Governor Northam and Mayor — Dyer made the joint announcement on Monday,May P`" 18th _,_ •Highlights of beach access �. . prohibitions were included in the Governor's briefing Here are examples of Phase One information that will be provided to the public: COVID-19 Phase One Beach Opening Operating Procedures It's in W Your Hands. witsVfoollhowldOe May 19, 2020 5 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) Here is an example of the COVID-19 Beach Regulations notice that will be posted at the beaches: COVID-19 Beach Regulations •Governor Northam's Executive Orders 55& 61 mandate distancing requirements •Additional prohibitions to support distancing will be enforced COVID 19 •Specific prohibited activities will be posted BEACH REGULATIONS at each beach access •KEEPS41 Wi ) •NoonnPdnnwern1oos. Additionally: • 11O'r"�"' •Publicparkinggarages and surface lots will •wo�ceden reshst be limitd to �capacity •r o an Aiiiiiei� iiminnumnia •No entertainment or programming that •roPav#•r IwYAM generate mass gatherings will be permitted •Beach playsets will remain closed On May 21', the "We're Open"Campaign will begin marketing efforts: WE'D ISOPEN May 19, 2020 6 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) Here are some of the Key Issues relating to City Operations and Workforce reopening efforts: City Operations and Workforce As we navigate the reopening of the City to the public there are key issues that will need to be in place: •PPE and barrier protection for our workforce •Capacity and support for enhanced cleaning as we return •Development of monitoring(self)process for staff •Guidance for the public entering locations in the city •Updates to policies and procedures as we return to a"new normal" •Determining priority of opening and the appropriate timeline Return to Work does not mean abandoning Teleworking 131 Return to Work does mean a deliberate and well throughout Me plan to alleviate any fear of returning to work. Mr. Williams turned the brief over to Mr. Cover to provide an update for May 16-17: Weekend of May 16-17 :. • • • • May 19, 2020 7 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) Mr. Cover advised calls for service increased 15%across the City as a result of Phase One; however, there were no violations of the Governor's Executive Orders: FORWARD VIRGINIA PHASE I UPDATE: Oceanfront Photos from May 16 & May 17 STEVEN R. COVER DEPUTY CITY MANGER CITY COUNCIL MEETING \BLit\ Manager's Office MAY 19 2020 The remaining slides provide images taken from drone footage of the Oceanfront: 1;4o hrs. May 16 . • `$ 4 ( d May 19, 2020 8 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) 171, Boardw:,u.Boa rdwai L:Boardwalkhrs. May a6 ,yam • - -- •— znd & Boardwal: •...._.a,b..tea».. '.". 4h & BoardwalY •..--..-.-->.m—• ��] ulh & Boardwalk ,1 4th & Boardwal1. ._- 130o firs. May 16 a c r 4x . - ...__ .r` -.. 1,'-1 ��r11s11 t11 MN May 19, 2020 9 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) iEth & 8oartl walk ®_ •�•�--^^...•--.••.••-- i�3 17th & Board•o alk 24th & Board V:alk - - • --------- 13o0 hrs, May 16 .�.;" I . •. F144a i fir l° -.! �` t t Sir 424 ...9 97 . -- 2nd & Boardoalk 'loth & Board,.aik ® 17ih & Boerdwalk .VIES lath & Boardwalk --��-� ---- -- aAOo hrs. May 16 Ale : • 4n4 4t , yt rr May 19, 2020 10 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) •• - _ - zhd & Be a rdaatk ......_....R.._....,.�,.... /dz :ri Lath & Board tat.. 17th & Boardwalk ---•-. - i 24th & Boardwalk. - - - 1600 hrs, May 16 /' ,m.-r4. zt" � J Sri _ t . 4 r # lath & Boardwalk ® ��•-- .--•w�- �: 17th & Boardwalk & Boardwalk 'VW! i600 hrs. May 26 _T yf �r r4 t May 19, 2020 11 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) . _ __ _ — and & Boaraxtk •"`""'"'"""""' � 1.',th & Boardwalk ®_ •-•^- -Y----p^r- � 17th & Boardwalk "lide 24th & Boardwalk --,-- - ---- 1700 hrs. May 16 ti ! u _ -- -- _ 24th St/Boardwalk •-- 1700 hrs Looking South (Prior to 1700 Camera was taeing lath stage) - , _ r1 _- - I _ 7 � it If'.+..i{ 4,1 T 11ri I i If' • May 19, 2020 12 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) Mr. Cover advised from the early and into late evening, the crowds grew in size at the Oceanfront until approximately 10:30 P.M, when Captain Wichtendahl, Commanding Officer, Second Precinct, ordered the 'flush"of Atlantic Avenue, a technique used to disperse large crowds: OCEANFRONT PHOTOS: EVENING OF MAY 16 15th & Atlantic 21st & Atlantic .00 \.' 21s1 & Atlantic _ - _ ^- .. tat Here are images of the Oceanfront during the early morning of May 17th: OCEANFRONT PHOTOS: EARLY MORNING OF MAY 17 21st & Atlantic • - s 14th & Boardwalt - - -` I May 19, 2020 13 CITY MANAGER'S BRIEFINGS FORWARD VIRGINIA PHASE ONE UPDATE ITEM#70244 (Continued) FORWARD VIRGINIA PHASE I UPDATE: Questions? RONALD H. WILLIAMS, JR. -_ DEPUTY CITY MANGER -- --�.,� STEVEN R. COVER DEPUTY CITY MANGER CITY COUNCIL MEETING 1B CIL\Managers Office MAY 19. 2020 Mayor Dyer expressed his appreciation to Mr. Williams and Mr. Cover for the presentation. May 19, 2020 14 CITY COUNCIL COMMENTS ITEM#70245 4:37P.M. Council Member Rouse advised it is graduation season and requested City Council to join him in a Resolution to acknowledge and congratulate the class of 2020, as well as the teachers,for a superb job. Council Member Rouse advised the proposed Resolution will be presented at the June 2,2020, City Council Meeting. May 19, 2020 15 CITY COUNCIL COMMENTS ITEM#70246 (Continued) Council Member Moss advised he has heard concerns from residents in the Thalia area regarding the Thalia Road Partners, LLC, Wayside Village Shoppes, LLC, and Willis Realty Corporation conditional rezoning application. Council Member Moss advised the application will be considered at the Planning Commission's virtual Meeting on May 27, 2020, and he was informed citizens will not be allowed to physically participate due to the legality of the advertisement. Council Member Moss believes the community should not be limited to only virtual participation on such a controversial issue. May 19, 2020 16 CITY COUNCIL COMMENTS ITEM#70247 (Continued) Council Member Moss advised FEMA has issued a Public Comment period that ends on June 17, 2020, to solicit input on the National Incident Management System and will hold several webinars on their proposed implementation plans and objectives. May 19, 2020 17 CITY COUNCIL COMMENTS ITEM#70248 (Continued) Council Member Henley advised the importance of continuing to control the spread of the COVID-19 Virus so Schools can reopen for the summer as well as in the fall. Council Member Henley requested City Council Members stay abreast of the efforts by Schools moving forward. 06 May 19, 2020 18 CITY COUNCIL COMMENTS ITEM#70249 (Continued) Council Member Henley advised City Council was at the cusp of adopting the Sea Level Report before the COVID-19 Pandemic and asked for an update. Bobby Tajan,Director—Planning, advised the Planning Commission will consider adopting the Sea Level Wise Adaption Strategy as an appendix to the Comprehensive Plan during the meeting on May 27`h and will then go to City Council for consideration. May 19, 2020 19 AGENDA REVIEW SESSION ITEM#70250 4:40 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Long-Term Ground Lease for a portion of City-Owned property located off North Great Neck Road to T-Mobile Northeast, LLC re maintaining and operating wireless telecommunications facilities 2. Ordinance to DECLARE the properties located at 228 Shipps Lane and 206 Bob Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the properties to the adjoining property owners 3. Ordinances to GRANT a Non-Exclusive Franchises re operate scooters in the public streets and rights-of-way to: a. Bird Rides, Inc., (Bird) b. Neutron Holdings, Inc., (Lime) c. Skinny Labs,Inc., (Spin) d. VeoRide, Inc., (Veo) 4. Ordinance to GRANT fourteen (14)Franchise Agreements re Open Air Cafés in the Resort Area: a. 3001 Atlantic LLC, t/a Catch 31 Café re Boardwalk Cafe at 3001 Atlantic Avenue b. 3315 Atlantic, LLC, t/a Lagerheads Cafe re Boardwalk Café at 3315 Atlantic Avenue c. 3315 Atlantic, LLC, t/a Lagerheads Café re Connector Park Café at 3315 Atlantic Avenue d. Kamales, Inc., t/a 9`"Street Grill Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue e. Calabrese Management Group, Inc., t/a Albie's Pizza Café re Atlantic Avenue Side Street Café at 200 21st Street f A.C.A. Corporation, t/a Black Angus Café re Atlantic Avenue Sidewalk Cafe at 706 Atlantic Avenue g. Virginia George Co., Inc., t/a Dough Boys Café re Atlantic Avenue Sidewalk Cafe at 2410 Atlantic Avenue h. Crestline Hotels&Resorts,LLC, t/a Marriot Courtyard Café re Boardwalk Café at 2501 Atlantic Avenue i. Planet Pizza, Inc., t/a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue j. Rock Fish Sea Grill, LLC, t/a Rockfish Cafe re Connector Park Café at 1601 Atlantic Avenue k. Rock Fish Sea Grill, LLC, t/a Rockfish Cafe re Boardwalk Café at 1601 Atlantic Avenue 1. VB'S Raw Bar,Inc., t/a Seaside Raw Bar Cafe re Atlantic Avenue Sidewalk Café at 2014 Atlantic Avenue m. 11 r"Street Tap House, LLC, t/a 11th Street Taphouse Bar and Grille Café re Boardwalk Café at 1011 Atlantic Avenue n. 11`"Street Tap House, LLC, t/a 11`"Street Taphouse Bar and Grille Cafe re Connector Park Café at 1011 Atlantic Avenue May 19, 2020 20 AGENDA REVIEW SESSION ITEM#70250 (Continued) 5. Ordinances to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water, LLC (Deferred from March 3, 2020) — STAFF RECOMMENDS THESE ITEMS BE WITHDRAWN AS THIS EVENT WAS CANCELLED a. $250,000 from the TIP (approved in the FY2019-20 Operating Budget) and in-kind contributions(Alternative 1—Staff Proposal) b. $250,000 (approved in the FY2019-20 Operating Budget), in-kind contributions, and TRANSFER $250,000 from the TIP Fund - Reserve for Contingencies to FY2019-20 Convention and Visitors Bureau Operating Budget(Alternative 2—Requested by Mayor Dyer, Vice Mayor Wood and Council Members Berlucchi, Rouse, Tower, Wilson, and Wooten) 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with the Virginia Beach School Board re use of school buses during the Something in the Water Festival and APPROPRIATE$250,000 in estimated reimbursements-STAFF RECOMMENDS THIS ITEM BE WITHDRAWN AS THIS EVENT WAS CANCELLED 7. Resolution to DIRECT the City Manager Study the Commercial Property Assessed Clean Energy (C-PACE) Program and CONSIDER the feasibility and desirability of implementation of a C- PACE Program for Virginia Beach (Requested by Council Members Abbott and Berlucchi) 8. Resolution to ADOPT a Reforestation Policy(Requested by City Council) 9. Ordinance to EXTEND the Sunset Date to April 5, 2021, re residential permit parking in the Historic Cavalier Shores Neighborhood 10. Ordinances to AUTHORIZE temporary encroachments into a portion of City Property known as: a. Bass Inlet West at the rear of 2900 Wood Duck Drive re construct and maintain a proposed boat lift with a roof and, relocate a floating dock b. Lake Wesley at the rear of 464 Southside Road re construct and maintain a wood floating dock, aluminum ramp, boat lift and four(4)mooring piles 11. Resolutions to REQUEST the Virginia Department of Transportation (VDOT)ACCEPT: a. additional streets for Urban Maintenance Payments b. corrections to the road inventory for Urban Maintenance Payments 12. Ordinance to ESTABLISH CIP# 5-159 "Public Utilities Office Space Acquisition and Improvements — Water" and CIP# 6-159 "Public Utilities Office Space Acquisition and Improvements—Sewer"and TRANSFER$2.1 Million from the Water and Sewer Enterprise Fund re public utilities space consolidation and build-out effort 13. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City, the F-14 Tomcat Monument Association, and the Hampton Roads Squadron, The Association ofNaval Aviation Inc., re F-14 Tomcat Monument at 25`"Street and Boardwalk; and, AUTHORIZE the City Manager to ACCEPT the Monument upon completion May 19, 2020 21 AGENDA REVIEW SESSION ITEM#70250 (Continued) 14. Ordinance to APPROPRIATE $258,000 from Police Federal & State Seized Assets Special Revenue Fund to the FY2019-20 Police Department Operating Budget re purchase equipment and training-STAFF REQUESTS THIS ITEM BE WITHDRAWN AS THEY WILL RE-SUBMIT IN THE NEXT FISCAL YEAR 15. Ordinances to ACCEPT and APPROPRIATE: a. $58,000 from the Virginia Department of Emergency Management (VDEM) to the FY 2019- 20 Emergency Management Operating Budget re conduct a regional Hazard Identification and Risk Assessment b. $201,556 from the Federal Emergency Management Agency (FEMA) to the FY2019-20 Fire Department Operating Budget re costs for mobilization of Virginia Task Force 2 Urban Search and Rescue team members to Puerto Rico to assist areas impacted by multiple earthquakes 16. Ordinances to TRANSFER from the General Fund Reserve for Contingencies: a. $177,466 to the FY2019-20 Department of Public Health Operating Budget re funding requirement for shared Public Health Office b. $373,537 to the FY2019-20 Voter Registration and Elections re funding for the June 2020 Primary 17. Resolution to AUTHORIZE the Mayor, City Manager, and Director of Finance to EXECUTE a Coronavirus Aid,Relief and Economic Security (CARES)Act Funding Certificate on behalf of the City. Mayor Dyer closed the INFORMAL SESSION. May 19, 2020 22 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY 19, 2020 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 19, 2020, 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 (participated via WebEx), Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Council Member Wooten 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. May 19, 2020 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 identib,any matters in which she might have an actual or potential conflict. If,during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015, is hereby made a part of the record. May 19, 2020 24 IV.F MINUTES ITEM#70251 Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of March 3,2020 and SPECIAL SESSIONS BY ELECTRONIC MEANS of March 31,2020,April 7,2020,April 22,2020, and April 28, 2020 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 May 19, 2020 25 ITEM IV G.1 BID OPENING ITEM#70252 Mayor Dyer DECLARED A BID OPENING: BIDS FOR NON-EXCLUSIVE FRANCHISE AGREEMENT Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a proposed long-term ground lease for a portion of City-owned property off North Great Neck road for the purpose of installing, operating and maintaining wireless communications facilities. One bid has been received as follows: T-Mobile Northeast LLC has bid: -Five(5)year lease - $17,987.70 rent for the first year Are there any other persons that desire to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bid received from T-Mobile Northeast LLC, and recommends that the company be granted the lease. We will now open a Public Hearing for the proposed long-term ground lease to operate, install and maintain wireless communications facilities. May 19, 2020 26 ITEMIY.H.1 PUBLIC HEARINGS ITEM#70253 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY—Telecommunication Facilities T-Mobile Northeast, LLC off North Great Neck Road There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING May 19, 2020 27 ITEM IVH.2a/b PUBLIC HEARINGS ITEM#70254 Mayor Dyer DECLARED a PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY a. 228 Shipps Lane b. 206 Bob Lane The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone:270-7900, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING May 19, 2020 28 ITEMIY.H.3 PUBLIC HEARINGS ITEM#70254 Mayor Dyer DECLARED a PUBLIC HEARING: CONVEYANCE OF EASEMENT OVER CITY PROPERTY Near the Intersection of Columbus Street and Market Street Stokes Properties, LLC There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING May 19, 2020 29 ITEM IV.H.4 PUBLIC HEARINGS ITEM#70255 Mayor Dyer DECLARED a PUBLIC HEARING: NON-EXCLUSIVE SCOOTER FRANCHISE AGREEMENT a. Bird Rides, Inc., (Bird) b. Neutron Holdings, Inc., (Lime) c. Skinny Labs,Inc., (Spin) d. VeoRide, Inc., (Veo) There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING May 19, 2020 30 ITEM IV.H.5 PUBLIC HEARINGS ITEM#70256 Mayor Dyer DECLARED a PUBLIC HEARING: OPEN AIR CAFE FRANCHISE AGREEMENTS: a. 3001 Atlantic LLC, t/a Catch 31 Cafe re Boardwalk Cafe at 3001 Atlantic Avenue b. 3315 Atlantic, LLC, t/a Lagerheads Cafe re Boardwalk Cafe at 3315 Atlantic Avenue c. 3315 Atlantic, LLC, t/a Lagerheads Cafe re Connector Park Cafe at 3315 Atlantic Avenue d. Kamales,Inc., t/a 9`h Street Grill Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue e. Calabrese Management Group, Inc., t/a Albie's Pizza Cafe re Atlantic Avenue Side Street Cafe at 200 21st Street f A.C.A. Corporation, t/a Black Angus Café re Atlantic Avenue Sidewalk Cafe at 706 Atlantic Avenue g. Virginia George Co., Inc., t/a Dough Boys Cafe re Atlantic Avenue Sidewalk Cafe at 2410 Atlantic Avenue h. Crestline Hotels & Resorts, LLC, t/a Marriot Courtyard Cafe re Boardwalk Cafe at 2501 Atlantic Avenue i. Planet Pizza, Inc., t/a Planet Pizza Café re Atlantic Avenue Sidewalk Cafe at 812 Atlantic Avenue j. Rock Fish Sea Grill, LLC, t/a Rockfish Cafe re Connector Park Café at 1601 Atlantic Avenue k. Rock Fish Sea Grill, LLC, t/a Rockfish Cafe re Boardwalk Cafe at 1601 Atlantic Avenue 1. VB'S Raw Bar, Inc., t/a Seaside Raw Bar Cafe re Atlantic Avenue Sidewalk Cafe at 2014 Atlantic Avenue m. 11`h Street Tap House,LLC, t/a 11`h Street Taphouse Bar and Grille Cafe re Boardwalk Café at 1011 Atlantic Avenue n. 11 th Street Tap House,LLC, t/a 11 th Street Taphouse Bar and Grille Cafe re Connector Park Cafe at 1011 Atlantic Avenue There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING May 19, 2020 31 ADD ON RESOLUTION ITEM#70257 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADDED a Resolution to AUTHORIZE the Mayor, City Manager, and Director of Finance to EXECUTE a Coronavirus Aid,Relief and Economic Security(CARES)Act Funding Certificate on behalf of the City 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 May 19, 2020 32 ITEM— VU . FORMAL SESSION AGENDA ITEM#70258 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions J: 1, 2, 3a/b/c/d (AS AMENDED), 4a-n, 5a/b (WITHDRAWAL), 6(WITHDRAWAL), 7, 8, 9, 10a/b, Meek (WITHDRAWAL), 1Sa/b,16a/b and 17(ADD ON) 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 May 19, 2020 33 ITEM IV.J.1 ORDINANCES/RESOLUTION ITEM#70259 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Long-Term Ground Lease for a portion of City-Owned property located off North Great Neck Road to T-Mobile Northeast, LLC re maintaining and operating wireless telecommunications facilities 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 May 19, 2020 1 2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 3 EXECUTE A LONG-TERM GROUND LEASE FOR A 4 PORTION OF CITY-OWNED PROPERTY LOCATED OFF 5 NORTH GREAT NECK ROAD TO T-MOBILE NORTHEAST, 6 LLC FOR THE PURPOSE OF MAINTAINING AND 7 OPERATING WIRELESS TELECOMMUNICATIONS 8 FACILITIES 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property 11 located off of North Great Neck Road (the "Property"); and 12 13 WHEREAS, T-Mobile Northeast, LLC ("T-Mobile") has entered into a lease 14 agreement with Dominion Energy for attachment of T-Mobile's equipment to the 15 transmission tower (the "Tower") owned by Dominion and located on the Property; and 16 17 WHEREAS, T-Mobile desires to lease from the City a 25' x 25' portion of the 18 Property adjacent to the Tower (the "Premises"), together with the right of ingress and 19 egress to access the Premises, for the installation, maintenance and replacement of 20 necessary equipment associated with the wireless facilities; and 21 22 WHEREAS, the City's lease of the Premises would allow T-Mobile to continue and 23 enhance its operation of certain facilities for the purpose of providing wireless 24 telecommunications services to the general public. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for a term of five (5) 30 years between T-Mobile Northeast, LLC for the Site, in accordance with the Summary of 31 Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 32 conditions or modifications as may be acceptable to the City Manager and in a form 33 deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19thday of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works/Facilities Management City Attorney Office CA15021 R-1 March 10, 2020 EXHIBIT A SUMMARY OF TERMS Ground Lease for T-Mobile Northeast, LLC Location: 25' x 25' parcel off North Great Neck Road Lessee: T-Mobile Northeast, LLC Premises: 25' x 25' site, together with the right of ingress and egress necessary to access the site. Use: T-Mobile will maintain and operate wireless telecommunications facilities located on Dominion Energy("Dominion")transmission tower (the "Tower"). Term: Five (5) year term. Rent: $17,987.70 for the first year, paid within thirty (30) days of the Effective Date. Insurance: Lessee must maintain Commercial General Liability insurance in the amount of $1,000,000, in addition to other liability insurances as required by Risk Management. Termination: Lease may be terminated upon sixty (60) days' written notice to the other party for reasons as stated in the lease. Other: Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. Lessee posted $7,000 security deposit for removal of the facilities. (Xta u' Virginia Beach APPLICANT'S NAME 1"-Mcki4_, DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance . Board Conditional Use Permit License Agreement Wetlands Board • e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 ! Planning Commission and Cit. Council meetinn that pertains to the a3plication(s). APPLICANT NOTIFIED OF HEARING DA1 E: • NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DA1 L. Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: T-Mobile Northeast LLC If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code g 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 \13 APPLICANT Virginia Beach YES NO r SERVICE j PROVIDER(use additional sheets if needed) l l 0 Accounting and/or preparer of ` I your tax return l l El Architect / Landscape Architect / I Land Planner Contract Purchaser (if other than❑ I I the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s) and ,OJ� purchaser's service providers) � nConstruction Contractors ...... ..sp n C Engineers/Surveyors/Agents Financing (include current ❑ I 1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / III ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development l I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 T-MOBILE NORTHEAST LLC, OFFICERS & MANAGER Manager: David A. Miller Officers: G. Michael Sievert President & CEO J. Braxton Carter EVP & CFO Peter A. Ewens EVP David A. Miller EVP, GC & Secretary Matthew A. Staneff EVP Broady Hodder SVP, Legal Affairs Christopher M. Miller SVP Peter Osvaldik SVP Lauren Venezia SVP, Deputy GC & Asst. Secretary Dirk Wehrse SVP Daniel Drobac Vice President, Accounting & Controller David E. Conroy Asst. Secretary Frederick Williams Asst. Secretary Rahul Modi Asst. Treasurer Susan Hacker Authorized Signatory * Susan Reines Authorized Signatory * Lindsey Romano Authorized Signatory * Greg Trant Authorized Signatory * *business license applications only q\B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 9 meeting, or meeting of any public body or committee in connection with this Application. 1 &t4JLQ. a_ CAstA, Elisha A. Kiser 05.11.20 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE 1 PROVIDER (use additional sheets if needed) ElAccounting and/or preparer of your tax return I I 11 Architect / Landscape Architect / Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nConstruction Contractors 1-11 Engineers/Surveyors/Agents Financing (include current I I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future safes of the subiect propert\y` _ C SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 6q ql Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 34 ITEM IV.J.2 ORDINANCES/RESOLUTION ITEM#70260 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to DECLARE the properties located at 228 Shipps Lane and 206 Bob Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the properties to the adjoining property owners 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 May 19, 2020 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 228 SHIPPS LANE 3 (GPIN 2417-25-7591) AND 206 BOB LANE 4 (GPIN: 2407-75-1034) TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND AUTHORIZING 6 THE CITY MANAGER TO SELL THE 7 PROPERTIES TO ADJOINING PROPERTY 8 OWNERS 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located at 228 Shipps Lane and 206 Bob Lane (collectively, the 12 "Properties") more particularly described on Exhibit "A" attached hereto and made a 13 part hereof; 14 15 WHEREAS, the City acquired the Properties pursuant to the APZ-1 16 Acquisition Program; 17 18 WHEREAS, the City funded the acquisition of the Properties through a 19 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 20 contributing fifty percent (50%) of the funds; 21 22 WHEREAS, the Properties are in the midst of other residences and at the 23 time of acquisition were improved with either single-family or duplex homes; 24 25 WHEREAS, adjoining property owners have requested to purchase the 26 Properties in order to utilize them in a manner compatible with the APZ-1 Ordinance; 27 28 WHEREAS, adjoining property owners desire to purchase the Properties in 29 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 30 hereof; 31 32 WHEREAS, the APZ-1 Disposition Committee has recommended that City 33 Council declare the Properties to be in excess of the City's needs and sell the 34 Properties to adjoining property owners; and 35 36 WHEREAS, the City Council is of the opinion that the Properties are in 37 excess of the needs of the City of Virginia Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 That the Properties located at 228 Shipps Lane and 206 Bob Lane are 43 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 44 City Manager is hereby authorized to execute any documents necessary to convey the 45 Properties to adjoining property owners in accordance with the Summary of Terms 46 attached hereto as Exhibit "B" and such other terms, conditions or modifications as 47 may be acceptable to the City Manager and in a form deemed satisfactory by the City 48 Attorney. 49 50 Further, that revenue from the sale of the Properties in the amount of 51 $15,967 shall be received, and fifty percent (50%) of this amount shall be deposited for 52 appropriation in future Capital Improvement Program capital budgets in Capital 53 Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity & Acquisition II, 54 and fifty percent (50%) shall be deposited for future payment by the City Manager to 55 refund the Commonwealth of Virginia's portion in accordance with the grant agreement. 56 57 This Ordinance shall be effective from the date of its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 60 19th day of May , 2020. CA14674 R-1 02/28/2020 APPROVED AS TO CONTENT APPROVED AS TO CONTENT Public Works Budget & anagement Services APPROVED AS TO LEGAL SUFFICIENCY City t or ey's Office EXHIBIT "A" GPIN: 2417-25-7591 (228 Shipps Lane) ALL THAT certain lot, piece or parcel of land, located in Oceana Gardens, near Oceana, in the Lynnhaven Magisterial District (formerly Princess Anne County), City of Virginia Beach, Virginia, known, numbered and designated on plat of lots laid out by Roy Smith by J.H. Milholland, Surveyors, which plat is duly recorded Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 73, as Lot Fourteen (14), said lot fronting Fifty (50) feet on a street Thirty (30) feet wide and running back between parallel lines One Hundred Twenty feet. The plat of lots is a subdivision of lots Forty-Nine (49) and Fifty (50) on the plat of Oceana Gardens. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Paschmann Karimi, dated March 16, 2015 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 201500327000265350. GPIN 2407-75-1034 (206 Bob Lane) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, belonging, lying and situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot Fifty (50) as shown on that certain plat entitled, "WEST OCEANA GARDENS, PRINCESS ANNE CO., VA.," which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 83. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Andrew Scott Himes and Elisa Himes, dated January 15, 2014 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20140203000094700. 1 EXHIBIT "B" SUMMARY OF TERMS PROPERTY LOCATED AT 228 SHIPPS LANE SELLER: City of Virginia Beach BUYER: Sandra Jones (owner of 229 St. Pauls Street) PROPERTY: 5,951± square feet of property known as 228 Shipps Lane (GPIN: 2417-25-7591) LEGAL DESCRIPTION: See Exhibit "A" to Ordinance SALES PRICE: $5,951 .00 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with her adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyer's adjacent property at Seller's expense to vacate interior lot lines. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before March 31, 2022. PROPERTY LOCATED AT 206 BOB LANE SELLER: City of Virginia Beach BUYERS: 1) Jason Feuerhahn, owner of 200 Bob Lane (southern half, adjacent to 200 Bob Lane) 2) Fernando Mancuello-Blanco and Mindy Mancuello, owners of 208 Bob Lane (northern half, adjacent to 208 Bob Lane) PROPERTY: 10,016± square feet of property known as 206 Bob Lane (GPIN: 2407-75-1034) LEGAL DESCRIPTION: See Exhibit "A" to Ordinance SALES PRICE: $10,016.00 ($5,008 to be paid by each Buyer) 1 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyers' adjacent properties at Seller's expense to create a northern and southern portion of the Property, but otherwise to vacate interior lot lines. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • The sale is conditioned upon both Buyers' purchase of the respective one-half of the Property. • Closing shall be on or before March 31, 2022. 2 35 ITEM IV.J.3a ORDINANCES/RESOLUTION ITEM#70261 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,AS AMENDED,BY CONSENT, Ordinance to GRANT a Non-Exclusive Franchises re operate scooters in the public streets and rights-of-way to: a. Bird Rides, Inc., (Bird) 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 May 19, 2020 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OPERATE SCOOTERS IN THE 3 PUBLIC STREETS AND RIGHTS-OF-WAY OF THE 4 CITY TO BIRD RIDES, INC. 5 6 WHEREAS, Bird Rides, Inc., doing business as Bird, ("Bird") desires to operate a 7 scooter rental business in the City's streets and public rights-of-way; 8 9 WHEREAS, the City solicited proposals for scooter companies, and upon review 10 of the proposals submitted, the City staff recommends award of a franchise license to 11 Bird subject to the terms and conditions set forth in the summary of terms attached hereto 12 as Exhibit A and made a part hereof (the "Summary of Terms") and in substantial 13 conformity with the draft franchise agreement provided to City Council for the March 17, 14 2020 agenda. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby authorizes the City Manager to execute a non- 20 exclusive franchise agreement with Bird, in accordance with the Summary of Terms, and 21 such other terms, conditions or modifications, as may be acceptable to the City Manager 22 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager_' O ice City A ney's Office CA15005 R-2 March 9, 2020 EXHIBIT A BIRD RIDES, INC FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and BIRD RIDES, INC. ("Bird") Term: Initial term of one (1) year, with four (4) additional renewal terms of one (1) year each. Extensions are not automatic. Extension must be in writing and signed by each party. Franchise Cap: 250 scooters, subject to Special Term, below. Regulations: Implementation and compliance with safety plan, technical requirements, maintenance plan, data management plan, staffing plan/organizational structure and related regulations. Fees: Annual Franchise Fee $50 per scooter subject to franchise. Initial Franchise Start-up Fee of$5,000 per franchise. Scooter Use Fee of fifty cents ($0.50) per scooter per day (note: the fee is based on the number of scooters actually deployed each day). Termination: Bird must remove its devices upon termination of the franchise. The City can terminate without cause with 30 days' notice. In the event of violations of law, safety or health standards, the franchise can be terminated immediately. Insurance: Workers' Compensation (not less than $500,000); Commercial General Liability (not less than $1 million per occurrence and a $5 million aggregate), City named as additional insured; Automobile Liability (min. $2 million combined single limit; or Bodily Injury $1 million per person, $2 million accident and property damage $100,000 each accident) Special Term: The Franchise Cap may be administratively increased in an amount of not more than 20% at the request of Franchisee for a duration not longer than 30 days. Any requested approval above 20% to be forwarded to City Council. 36 ITEMIVJ.3b ORDINANCES/RESOLUTION ITEM#70262 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,AS AMENDED,BY CONSENT, Ordinance to GRANT a Non-Exclusive Franchises re operate scooters in the public streets and rights-of-way to: b. Neutron Holdings, Inc., (Lime) 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 May 19, 2020 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OPERATE SCOOTERS IN THE 3 PUBLIC STREETS AND RIGHTS-OF-WAY OF THE 4 CITY TO NEUTRON HOLDINGS, INC. 5 6 WHEREAS, Neutron Holdings, Inc., doing business as Lime, ("Lime") desires to 7 operate a scooter rental business in the City's streets and public rights-of-way; 8 9 WHEREAS, the City solicited proposals for scooter companies, and upon review 10 of the proposals submitted, the City staff recommends award of a franchise license to 11 Lime subject to the terms and conditions set forth in the summary of terms attached hereto 12 as Exhibit A and made a part hereof (the "Summary of Terms") and in substantial 13 conformity with the draft franchise agreement provided to City Council for the March 17, 14 2020 agenda. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby authorizes the City Manager to execute a non- 20 exclusive franchise agreement with Lime, in accordance with the Summary of Terms, and 21 such other terms, conditions or modifications, as may be acceptable to the City Manager 22 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager Office City Attc ey's Office CA15007 R-2 March 9, 2020 EXHIBIT A NEUTRON HOLDINGS, INC. (d/b/a LIME) FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and NEUTRON HOLDINGS, INC. d/b/a LIME ("Lime") Term: Initial term of one (1) year, with four (4) additional renewal terms of one (1) year each. Extensions are not automatic. Extension must be in writing and signed by each party. Franchise Cap: 250 scooters, subject to Special Term, below. Regulations: Implementation and compliance with safety plan, technical requirements, maintenance plan, data management plan, staffing plan/organizational structure and related regulations. Fees: Annual Franchise Fee $50 per scooter subject to franchise. Initial Franchise Start-up Fee of$5,000 per franchise. Scooter Use Fee of fifty cents ($0.50) per scooter per day (note: the fee is based on the number of scooters actually deployed each day). Termination: Lime must remove its devices upon termination of the franchise. The City can terminate without cause with 30 days' notice. In the event of violations of law, safety or health standards, the franchise can be terminated immediately. Insurance: Workers' Compensation (not less than $500,000); Commercial General Liability (not less than $1 million per occurrence and a $5 million aggregate), City named as additional insured; Automobile Liability (min. $2 million combined single limit; or Bodily Injury $1 million per person, $2 million accident and property damage $100,000 each accident) Special Term: The Franchise Cap may be administratively increased in an amount of not more than 20% at the request of Franchisee for a duration not longer than 30 days. Any requested approval above 20% to be forwarded to City Council. 37 ITEM IV.J.3c ORDINANCES/RESOLUTION ITEM#70263 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,AS AMENDED,BY CONSENT, Ordinance to GRANT a Non-Exclusive Franchises re operate scooters in the public streets and rights-of-way to: c. Skinny Labs, Inc., (Spin) 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 May 19, 2020 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OPERATE SCOOTERS IN THE 3 PUBLIC STREETS AND RIGHTS-OF-WAY OF THE 4 CITY TO SKINNY LABS, INC. 5 6 WHEREAS, Skinny Labs, Inc., doing business as Spin, ("Spin") desires to operate 7 a scooter rental business in the City's streets and public rights-of-way; 8 9 WHEREAS, the City solicited proposals for scooter companies, and upon review 10 of the proposals submitted, the City staff recommends award of a franchise license to 11 Spin subject to the terms and conditions set forth in the summary of terms attached hereto 12 as Exhibit A and made a part hereof (the "Summary of Terms") and in substantial 13 conformity with the draft franchise agreement provided to City Council for the March 17, 14 2020 agenda. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby authorizes the City Manager to execute a non- 20 exclusive franchise agreement with Spin, in accordance with the Summary of Terms, and 21 such other terms, conditions or modifications, as may be acceptable to the City Manager 22 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manag is Office Cit ey's Office CA1 5006 R-2 March 9, 2020 EXHIBIT A SKINNY LABS, INC d/b/a SPIN FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and SKINNY LABS, INC. ("Spin") Term: Initial term of one (1) year, with four (4) additional renewal terms of one (1) year each. Extensions are not automatic. Extension must be in writing and signed by each party. Franchise Cap: 250 scooters, subject to Special Term, below. Regulations: Implementation and compliance with safety plan, technical requirements, maintenance plan, data management plan, staffing plan/organizational structure and related regulations. Fees: Annual Franchise Fee $50 per scooter subject to franchise. Initial Franchise Start-up Fee of $5,000 per franchise. Scooter Use Fee of fifty cents ($0.50) per scooter per day (note: the fee is based on the number of scooters actually deployed each day). Termination: Spin must remove its devices upon termination of the franchise. The City can terminate without cause with 30 days' notice. In the event of violations of law, safety or health standards, the franchise can be terminated immediately. Insurance: Workers' Compensation (not less than $500,000); Commercial General Liability (not less than $1 million per occurrence and a $5 million aggregate), City named as additional insured; Automobile Liability (min. $2 million combined single limit; or Bodily Injury $1 million per person, $2 million accident and property damage $100,000 each accident) Special Term: The Franchise Cap may be administratively increased in an amount of not more than 20% at the request of Franchisee for a duration not longer than 30 days. Any requested approval above 20% to be forwarded to City Council. 38 ITEM IV.J.3d ORDINANCES/RESOLUTION ITEM#70264 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,AS AMENDED,BY CONSENT, Ordinance to GRANT a Non-Exclusive Franchises re operate scooters in the public streets and rights-of-way to: d. VeoRide, Inc., (Veo) 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 May 19, 2020 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO OPERATE SCOOTERS IN THE 3 PUBLIC STREETS AND RIGHTS-OF-WAY OF THE 4 CITY TO VEORIDE, INC. 5 6 WHEREAS, VeoRide, Inc., doing business as Veo, ("Veo") desires to operate a 7 scooter rental business in the City's streets and public rights-of-way; 8 9 WHEREAS, the City solicited proposals for scooter companies, and upon review 10 of the proposals submitted, the City staff recommends award of a franchise license to 11 Veo subject to the terms and conditions set forth in the summary of terms attached hereto 12 as Exhibit A and made a part hereof (the "Summary of Terms") and in substantial 13 conformity with the draft franchise agreement provided to City Council for the March 17, 14 2020 agenda. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That the City Council hereby authorizes the City Manager to execute a non- 20 exclusive franchise agreement with Veo, in accordance with the Summary of Terms, and 21 such other terms, conditions or modifications, as may be acceptable to the City Manager 22 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 19th day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: X _52,cits4.. City Manager's Office Cit r A ttor s O ice CA15008 R-2 March 9, 2020 EXHIBIT A VEORIDE, INC d/b/a VEO FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and VEORIDE, INC. ("Veo") Term: Initial term of one (1) year, with four (4) additional renewal terms of one (1) year each. Extensions are not automatic. Extension must be in writing and signed by each party. Franchise Cap: 250 scooters, subject to Special Term, below. Regulations: Implementation and compliance with safety plan, technical requirements, maintenance plan, data management plan, staffing plan/organizational structure and related regulations. Fees: Annual Franchise Fee $50 per scooter subject to franchise. Initial Franchise Start-up Fee of$5,000 per franchise. Scooter Use Fee of fifty cents ($0.50) per scooter per day (note: the fee is based on the number of scooters actually deployed each day). Termination: Veo must remove its devices upon termination of the franchise. The City can terminate without cause with 30 days' notice. In the event of violations of law, safety or health standards, the franchise can be terminated immediately. Insurance: Workers' Compensation (not less than $500,000); Commercial General Liability (not less than $1 million per occurrence and a $5 million aggregate), City named as additional insured; Automobile Liability (min. $2 million combined single limit; or Bodily Injury $1 million per person, $2 million accident and property damage $100,000 each accident) Special Term: The Franchise Cap may be administratively increased in an amount of not more than 20% at the request of Franchisee for a duration not longer than 30 days. Any requested approval above 20% to be forwarded to City Council. 39 ITEM IV.J.4 ORDINANCES/RESOLUTION ITEM#70265 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to GRANT fourteen (14)Franchise Agreements re Open Air Cafés in the Resort Area: a. 3001 Atlantic LLC, t/a Catch 31 Cafe re Boardwalk Café at 3001 Atlantic Avenue b. 3315 Atlantic, LLC, t/a Lagerheads Cafe re Boardwalk Cafe at 3315 Atlantic Avenue c. 3315 Atlantic, LLC, t/a Lagerheads Café re Connector Park Cafe at 3315 Atlantic Avenue d. Kamales, Inc., t/a 9th Street Grill Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue e. Calabrese Management Group, Inc., t/a Albie's Pizza Cafe re Atlantic Avenue Side Street Cafe at 200 21st Street f. A.C.A. Corporation, t/a Black Angus Cafe re Atlantic Avenue Sidewalk Cafe at 706 Atlantic Avenue g. Virginia George Co., Inc., t/a Dough Boys Cafe re Atlantic Avenue Sidewalk Cafe at 2410 Atlantic Avenue h. Crestline Hotels&Resorts, LLC, t/a Marriot Courtyard Cafe re Boardwalk Cafe at 2501 Atlantic Avenue i. Planet Pizza, Inc., t/a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812 Atlantic Avenue j. Rock Fish Sea Grill, LLC, t/a Rockfish Café re Connector Park Cafe at 1601 Atlantic Avenue k. Rock Fish Sea Grill,LLC, t/a Rockfish Café re Boardwalk Café at 1601 Atlantic Avenue 1. VB'S Raw Bar, Inc., t/a Seaside Raw Bar Café re Atlantic Avenue Sidewalk Café at 2014 Atlantic Avenue m. 11 th Street Tap House, LLC, t/a 11`h Street Taphouse Bar and Grille Café re Boardwalk Café at 1011 Atlantic Avenue n. 11th Street Tap House, LLC, t/a 11`h Street Taphouse Bar and Grille Café re Connector Park Cafe at 1011 Atlantic Avenue 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 May 19, 2020 1 AN ORDINANCE GRANTING FOURTEEN 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFÉS IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 25, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, fourteen entities are seeking either one-year or five-year franchise 17 agreements; and 18 19 WHEREAS, the following entities request franchises for one-year terms: (1) 3001 20 Atlantic, LLC, t/a Catch 31 Café, for operation of a Boardwalk Café; (2) 3315 Atlantic, 21 LLC, t/a Lagerheads Café, for operation of a Boardwalk Café; and (3) 3315 Atlantic, 22 LLC, t/a Lagerheads Café, for operation of a Connector Park Café; and 23 24 WHEREAS, the following entities request franchise renewals for five-year terms: 25 (1) Kamales, Inc., t/a 9th Street Grill Cafe, for operation of an Atlantic Avenue Sidewalk 26 Café; (2) Calabrese Management Group, Inc., t/a Albie's Pizza Café, for operation of an 27 Atlantic Avenue Side Street Café; (3) A.C.A. Corporation, t/a Black Angus Café, for 28 operation of an Atlantic Avenue Sidewalk Café; (4) Virginia George Co., Inc., t/a Dough 29 Boys Café, for operation of an Atlantic Avenue Sidewalk Café; (5) Crestline Hotels & 30 Resorts, LLC, t/a Marriott Courtyard Café, for operation of a Boardwalk Café; (6) Planet 31 Pizza, Inc., t/a Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; (7) 32 Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Connector Park Café; (8) 33 Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Boardwalk Café; (9) VB'S 34 Raw Bar, Inc., t/a Seaside Raw Bar Café, for operation of an Atlantic Avenue Sidewalk 35 Café; (10) 11th Street Tap House, LLC, t/a 11th Street Taphouse Bar and Grille, for 36 operation of a Boardwalk Café; and (11) 11th Street Tap House, LLC, t/a 11th Street 37 Taphouse Bar and Grille, for operation of a Connector Park Café. 38 39 WHEREAS, the Planning Department/Strategic Growth Area Office recommends 40 that the above-named entities be granted open air café franchise agreements. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH: 44 45 That the City Council hereby grants one-year franchise agreements to (1) 3001 46 Atlantic, LLC, t/a Catch 31 Café, for operation of a Boardwalk Café; (2) 3315 Atlantic, 47 LLC, t/a Lagerheads Café, for operation of a Boardwalk Café; and (3) 3315 Atlantic, 48 LLC, t/a Lagerheads Café, for operation of a Connector Park Café. 49 50 That the City Council hereby grants five-year franchise agreements to (1) 51 Kamales, Inc., Va 9th Street Grill Cafe, for operation of an Atlantic Avenue Sidewalk 52 Café; (2) Calabrese Management Group, Inc., t/a Albie's Pizza Café, for operation of an 53 Atlantic Avenue Side Street Café; (3) A.C.A. Corporation, t/a Black Angus Café, for 54 operation of an Atlantic Avenue Sidewalk Café; (4) Virginia George Co., Inc., t/a Dough 55 Boys Café, for operation of an Atlantic Avenue Sidewalk Café; (5) Crestline Hotels & 56 Resorts, LLC, t/a Marriott Courtyard Café, for operation of a Boardwalk Café; (6) Planet 57 Pizza, Inc., Va Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; (7) 58 Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Connector Park Café; (8) 59 Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Boardwalk Café; (9) VB'S 60 Raw Bar, Inc., Va Seaside Raw Bar Café, for operation of an Atlantic Avenue Sidewalk 61 Café; (10) 11th Street Tap House, LLC, Va 11th Street Taphouse Bar and Grille, for 62 operation of a Boardwalk Café; and (11) 11th Street Tap House, LLC, t/a 11th Street 63 Taphouse Bar and Grille, for operation of a Connector Park Café. 64 65 Adopted by the City Council of Virginia Beach, Virginia on this 19ttiay of May 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L:,( (.0 Strategic Growth Area Office City Attorney's Office CA 14981 R-7 May 7, 2020 40 ITEMIVJ.5a ORDINANCES/RESOLUTION ITEM#70266 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ALLOWED WITHDRAWAL,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water,LLC(Deferred from March 3, 2020)—STAFF RECOMMENDS THESE ITEMS BE WITHDRAWN AS THIS EVENT WAS CANCELLED a. $250,000 from the TIP (approved in the FY2019-20 Operating Budget) and in-kind contributions(Alternative 1 —Staff Proposal) 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 May 19, 2020 41 ITEM IV J.5b ORDINANCES/RESOLUTION ITEM#70267 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ALLOWED WITHDRAWAL,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water,LLC(Deferred from March 3, 2020)—STAFF RECOMMENDS THESE ITEMS BE WITHDRAWN AS THIS EVENT WAS CANCELLED b. $250,000 (approved in the FY2019-20 Operating Budget), in-kind contributions, and TRANSFER $250,000 from the TIP Fund - Reserve for Contingencies to FY2019-20 Convention and Visitors Bureau Operating Budget (Alternative 2 — Requested by Mayor Dyer, Vice Mayor Wood and Council Members Berlucchi, Rouse, Tower, Wilson, and Wooten) Voting 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 19, 2020 42 ITEM IV.J.6 ORDINANCES/RESOLUTION ITEM#70268 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ALLOWED WITHDRAWAL, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with the Virginia Beach School Board re use of school buses during the Something in the Water Festival and APPROPRIATE$250,000 in estimated reimbursements -STAFF RECOMMENDS THIS ITEM BE WITHDRAWN AS THIS EVENT WAS CANCELLED 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 May 19, 2020 43 ITEM IV.J.7 ORDINANCES/RESOLUTION ITEM#70269 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Resolution to DIRECT the City Manager Study the Commercial Property Assessed Clean Energy (C-PACE) Program and CONSIDER the feasibility and desirability of implementation of a C- PACE Program for Virginia Beach (Requested by Council Members Abbott and Berlucchi) 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 May 19, 2020 REQUESTED BY COUNCILMEMBERS ABBOTT AND BERLUCCHI 1 A RESOLUTION TO DIRECT THE CITY MANAGER STUDY 2 THE C-PACE PROGRAM AND CONSIDER THE 3 FEASIBILITY AND DESIRABILITY OF IMPLEMENTATION 4 OF A C-PACE PROGRAM FOR VIRGINIA BEACH 5 6 WHEREAS, the General Assembly has authorized localities to undertake a 7 Commercial Property Assessed Clean Energy (C-PACE) Program; 8 9 WHEREAS,C-PACE offers a financing option for commercial property owners and 10 new construction developers to fund clean energy systems, resiliency improvements, and 11 stormwater management improvements; 12 13 WHEREAS, by leveraging a voluntary assessment lien against participating 14 properties, C-PACE financing is generally less expensive than commercial loans; 15 16 WHEREAS, a C-PACE program may be structured to utilize only private capital, 17 and all billing and collection for C-PACE loans may be undertaken by a third party 18 administrator; 19 20 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA THAT: 22 23 The City Council directs the City Manager to study the C-PACE Program and 24 consider the feasibility and desirability of implementation of a C-PACE Program for 25 Virginia Beach with the results of such study to be provided to the Council within three 26 months from the adoption of this resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19 t h day of May , 2020. APPROVED AS TO LEGAL SUFFICIENCY: ey's Office CA14993 R-2 March 10,2020 44 ITEM IV.J.8 ORDINANCES/RESOLUTION ITEM#70270 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to ADOPT a Reforestation Policy(Requested by City Council) Voting 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 19, 2020 REQUESTED BY CITY COUNCIL 1 A RESOLUTION ADOPTING A REFORESTATION POLICY 2 3 WHEREAS, as the City of Virginia Beach confronts the challenges of increased 4 coastal flooding, it is critical to evaluate all possible solutions to reduce flood risk—not 5 only engineering approaches, but also flood management services provided by "green 6 infrastructure;" 7 8 WHEREAS, forests are the foundation of the City's green infrastructure and one 9 of the City's most important natural resources, and according to the latest tree canopy 10 analysis, 39% of the City is covered with tree canopy; 11 12 WHEREAS, much of this forest infrastructure has close contact with water, and 13 trees serve as valuable "water managers": forests reduce runoff; they remove excess 14 water; and in the floodplain and near coasts, trees and shrubs can abate storm surges; 15 16 WHEREAS, City construction projects on City property often necessitate the 17 removal of trees, and the City Council desires to adopt a policy to ensure the 18 replacement of those trees. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT:15036 22 23 1 . The City Council hereby adopts the policy that the City will replace any trees 24 that the City removes on City property. 25 26 2. For the City's first reforestation/tree mitigation project, the City will use at 27 least 10 acres of the property acquired by the City from the former proposed Village D of 28 the Ashville Park property, and the City Manager shall have the City's stormwater staff 29 determine the best of that acreage to use as a tree buffer that would conform to the 30 properties the City needs to conserve as described in the Sea Level Wise proposal. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia on the 19th 33 day of May , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15036 R-2 March 11, 2020 45 ITEMIVJ.9 ORDINANCES/RESOLUTION ITEM#70271 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the Sunset Date to April 5, 2021, re residential permit parking in the Historic Cavalier Shores Neighborhood 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 May 19, 2020 1 AN ORDINANCE TO EXTEND THE SUNSET DATE OF 2 ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY 3 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 4 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD 5 6 WHEREAS, the Virginia Department of Historic Resources added the Cavalier 7 Shores Historic District, which is comprised of the Cavalier Shores neighborhood, to the 8 Virginia Landmarks Register, noting: 9 10 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a 11 housing development sponsored by the city's now-iconic Cavalier Hotel, 12 which opened that same year. While the neighborhood's direct link to the 13 hotel has since faded, a brick promenade leading to a gate to the hotel 14 grounds recalls the earlier connection. Cavalier Shores is an example of 15 coastal suburban development during the first half of the 20th century. Its 16 dense housing dating to the era indicates the neighborhood's early 17 popularity and subsequent growth. Its seven blocks of houses are 18 predominated by Colonial Revival style designs, with Tudor Revival and 19 Minimal Traditional. Lining the neighborhood's alleyways are a complement 20 of rear garages and guesthouses, the latter a common feature of coastal 21 developments of the era. The district also conveys a sense of beautification 22 and landscaping, a defining aspect of the neighborhood since the 1920s. 23 Most of the district's lots were developed by the late 1960s. Today, Cavalier 24 Shores is a rare collection of early-20th century residential architecture in 25 Virginia Beach. 26 27 WHEREAS, the Virginia Department of Historic Resources has forwarded 28 documentation for the Cavalier Shores Historic District to the National Register of Historic 29 Places; 30 31 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier 32 Shores is a unique area that consists of"dense housing" dating to an era when driveways 33 were less common, and current residents of Cavalier Shores require on-street parking for 34 their vehicles; 35 36 WHEREAS, the ability of the residents to park their vehicles on the street adjacent 37 to or near their homes has been severely impacted as a result of the multi-year 38 construction associated with the Cavalier Hotel project; 39 40 WHEREAS, the City Council desires to address the unique needs of this historic 41 neighborhood during the time of construction by extending for another year the one-year 42 temporary pilot program it established last year—separate and apart from the current 43 Residential Parking Permit Program—to continue to address the parking needs of 44 Cavalier Shores residents. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 47 OF VIRGINIA BEACH, VIRGINIA: 48 49 That Article III, Division 5 of Chapter 21 shall continue to provide as follows: 50 51 DIVISION 5. — Cavalier Shores Residential Permit Parking Pilot Program 52 53 Sec. 21-381. - Objectives. 54 55 This Division is adopted as a temporary pilot program in order to mitigate traffic 56 congestion and parking scarcity on public streets within the Cavalier Shores 57 neighborhood adjacent to an ongoing construction project. 58 59 Sec. 21-382. - Definitions. 60 61 As used in this Division: 62 63 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 64 and shall also include mopeds and motorcycles, as defined therein. 65 66 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 67 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 68 43rd 1/2, 43rd, and 42nd '/2 Streets; the north side of 42nd Street; the alley that 69 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 70 Street; and the north side of Cavalier Drive between Holly Road and Atlantic 71 Avenue. 72 73 Sec. 21-383. - Parking restrictions. 74 75 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 76 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 77 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 78 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 79 Shores Neighborhood. 80 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 81 Shores neighborhood, where notice of these restrictions have been conspicuously 82 posted in accordance with this division, for longer than a three-hour period in any day 83 unless there is affixed to the driver's side exterior surface of the windshield of such 84 motor vehicle a valid residential parking permit or a temporary guest pass as 85 authorized by subsection 21-354(b) hanging from the rearview mirror. 86 Sec. 21-384. - Permits generally. 87 88 The City Treasurer or the city's parking management office shall issue residential parking 89 permits pursuant to this division in accordance with the procedures set forth in section 90 21-354. However, no permit shall be issued pursuant to this section for employee parking 91 in the Cavalier Shores Neighborhood. 92 93 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 94 VIRGINIA BEACH, VIRGINIA: 95 96 That the effective date of this ordinance shall be April 5, 2020, and that, absent 97 additional action by the City Council to the contrary, this ordinance shall automatically 98 sunset and expire on April 5, 2021 . Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19 t h day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attorney's Office < CA14956 R-1 March 6, 2020 46 ITEM IV.J.10a ORDINANCES/RESOLUTION ITEM#70272 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as: a. Bass Inlet West at the rear of 2900 Wood Duck Drive re construct and maintain a proposed boat lift with a roof and,relocate a floating dock 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 May 19, 2020 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BASS 7 INLET WEST LOCATED AT THE 8 REAR OF 2900 WOOD DUCK DRIVE 9 10 WHEREAS, Todd R. & Jan C. Miller, Trustees under the Miller Living Trust 11 ("Applicants") have requested permission to construct and maintain a 12'x 12' boat lift with 12 16' x 24' roof and relocate an existing 8' x 8' floating dock (the "Encroachments") at the 13 rear of their property, located at 2900 Wood Duck Drive (GPIN: 2433-24-7761). The 14 Encroachments would extend 15.3' into the City's property known as Bass Inlet West 15 (GPIN: 2433-33-0267); and 16 17 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Todd R. & Jan C. Miller, 26 Trustees under the Miller Living Trust, their heirs, assigns and successors in title, are 27 authorized to construct and maintain the Encroachments in the City's property known as 28 Bass Inlet West, as shown on the map entitled: "EXHIBIT "A" ENCROACHMENT 29 REQUEST FOR: TODD R. MILLER & JAN C. MILLER, TRUSTEES, MILLER LIVING 30 TRUST, LOT 95, SANDBRIDGE SHORES SECTION 1 B SOUTH", dated October 19, 31 2019, prepared by Sigma Environmental Services, Inc., a copy of which is attached hereto 32 as Exhibit A, and to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and Todd R. & Jan C. Miller, Trustees under the Miller Living Trust (the 37 "Agreement"), an unexecuted copy of which has been presented to the Council in its 38 agenda, and after execution, will be recorded among the records of the Clerk's Office of 39 the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Todd R. & Jan C. Miller, Trustees under the Miller Living Trust and the City 46 Manager or his authorized designee execute the Agreement. i 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the_ 1 9 tdlay 48 o f M a Y 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ." 7- 4. PUBLIC WORKS, REAL ESTATE D MEYER SENIOR CITY ATTORNEY CA14672 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d024\p031\00624183.doc R-1 March 4, 2020 2 CITY OF VIRGINIA BEACH PLAN VIEW WATERWAY WIDTH SCALE: 1" = 30' MHW-MHW=110' MB 103 P25NIT PROPOSED X 12'24 X,' 12ROOF' AT LIFT REMOVE EXISTING DOCKS BOAT 4 FLOODD/ 14- 24.0' 41 8.0' EBB , ♦—♦ ' 41 4 15.3'- s 1n°as'n®w 100 00' _._ .s. _. :_-_-Ut - 6.6' • ankgrol - I EXISTING RIP RAP EXISTING 6"DIA TREE I REVETMENT TO BE TO BE REMOVED RELOCATED EXISTING PIN(F) ENHANCED PER WETLANDS 8'x 8'FLOATING DOCK BOARD PERMIT N E MATERIAL SPECIFICATIONS: 12'X 50' P FRAMING:CCA 2.5#PCF(MLP-88) MARGINAL WHARF HARDWARE:HOT DIPPED E GALVANIZED(ASTM-A153) • {{ UV RESISTANT FILTER CLOTH t w 5 o r!- WOOD FENCE - EIE o MATERIAL SCHEDULE: I--f i[ I c PILES:8'DIA.MINIMUM 5'3"0/C 6 L-- '------- - 2"X 6"GIRDERS,JOISTS, CO 1n DECKBOARDS 2-STORY °Z KICK PLATE:4"X 6" STUCCO 2"X 10°ROOF GIRDERS #2900 A LOT 94 w ••...... ...,..;: BRIAN EDWARDS& U ;;; ; LOT 96 DEBORAH GRAY a -i'i•:' LOT 95 THADDUS&LOUISE GREEN z SANDBRIDGE SANDBRIDGE SHORES SANDBRIDGE SHORES SHORES SECTION 1B SOUTH U SECTION 16 SOUTH GPIN:2433-24 7820 SECTION 1B SOUTH GPIN:2433-24 7920 :':•:•:':':':•.:::::::•:•>:•:•:•' GPIN: I-N •• • • • • 24332477610000 z MB 103,P25 0 .._... LL. 6 PIN(F, N 10°43'00"E 100.00' 14 I (-)5 FT TO THE CENTERLINE GREBE CRESCENT GRAPHIC SCALE 0 3o WOOD DUCK DRIVE (50'RNJ) = ' . 15 45 f SIGMA ENVIRONMENTAL SERVICES.INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 EXHIBIT"A" PROJECT:DECK,COVERED BOAT LIFT& ENCROACHMENT REQUEST REVETMENT MAINTENANCE FOR:TODD R.MILLER&JAN C. MILLER, WATERWAY:BASS INLET WEST TRUSTEES,MILLER LIVING TRUST DATUM: 0.00'MLW=-1.3'NAVD 1988 LOT 95,SANDBRIDGE SHORES SECTION 1B SOUTH DATE: OCT. 19,2019 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 01.411 day of 'Ea , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TODD R. MILLER and JAN C. MILLER, TRUSTEES, UNDER THE MILLER LIVING TRUST DATED AUGUST 12, 2011, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 95", as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B SOUTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.", dated July 5, 1968, prepared by Palmer L. Smith, CLS, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 103, at page 25, and being further designated, known, and described as 2900 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to relocate an existing 8' x 8' floating dock, and to construct and maintain a 12' x 12' boat lift with a 16' x 24' roof, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2433-33-0267 — City Property (Bass Inlet West) GPIN: 2433-24-7761 - 2900 Wood Duck Drive WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet West, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' ENCROACHMENT REQUEST FOR: TODD R. MILLER & JAN C. MILLER, TRUSTEES, MILLER LIVING TRUST, LOT 95, SANDBRIDGE SHORES SECTION 1 B SOUTH". dated October 19, 2019 prepared by Sigma Environmental Services, Inc., 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 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 3 be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent. with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($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, TODD R. MILLER and JAN C. MILLER, TRUSTEES UNDER THE MILLER LIVING TRUST DATED AUGUST 12, 2011 , the said 4 Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY / GRANTOR: 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 , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He 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 , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 OWNERS / GRANTEE: 77,4A R. %1L TODD R. MILLER. Trustee, under the Miller Living Trust dated August 12, 2011 C NADM JAN C. LER, Trustee, under the Miller Living Trust dated August 12. 2011 STATE OF \' T 10. CITY/COUNTY F I\(e \\(k c?;LeaCtb{wit: The foregoing instrument was acknowledged before me this U I day of '—U. , 2020, by Todd R. Miller, Trustee, under the Miller Living Trust dated August 12, 2011. VD9 (SEAL) Notary Pnfl-ra c Notary Registration Number: ' My Commission Expires: 021 16 0 MEAGAN J KEITH NOTARY PUBLIC REGISTRATION#7693263 COMMONWEALTH OF VIRGINIA MY CO OM F CPI E STATE OF V ‘k I�1i61 �- CITY/COUNTY c \11`(lyNA BOA, to-wit: r The foregoing instrument was acknowledged before me this day of ;2\0• 2020, by Jan C. Miller, Trustee, under the Miller Living Trust dated August 12, 2011. Ititrytbir,6 (SEAL) Notar0'ublic Notary Registration Number: �G�2-� My Commission Expires: ()12-,U1 271".""*"... ".]- ApAtv J KIfib IOTARY PUBLIC STRATION#769326NWEALTH OF VIRMY COI`rU4.IC IC(. t APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS / REAL ESTATE . ARMEYER /92001-0 SENIOR CITY ATTORNEY DATE 8 CITY OF VIRGINIA1 BEACH PLAN VIEW WATERWAY WIDTH SCALE: 1" = 30' MHW-MHW=110' MB 103 P25 PROPOSED 12'X 12'BOAT LIFT 16'X 24'ROOF REMOVE EXISTING DOCKS 4 FLOOD 14— 24.0' ♦I 8.0' /EBBS ♦ •—• I.1,I 15.3'— �`� S in*43'new inn no' t. _. -. ._._.� _ ,■ 6.6' • MLW-._. _.---•- -- .. _-- •.m■ _ _ ttl MHW - _._,_ r �•p•minj�.110,o,1111l,j�i,1,.. �� .�,r .104 =.�;�� _ EXISTING RIP RAP EXISTING 6"DIA TREE REVETMENT TO BE RELOCATED EXISTING p PIN(F) ENHANCED PER WETLANDS TO BE REMOVED 8'x 8'FLOATING DOCK r` BOARD PERMIT c MATERIAL SPECIFICATIONS: 12'X 50' FRAMING:CCA 2.5#PCF(MLP-88) MARGINAL WHARF HARDWARE:HOT DIPPED GALVANIZED(ASTM-A153) • UV RESISTANT FILTER CLOTH w o'4--WOOD FENCE --o MATERIAL SCHEDULE: 4 II I o PILES:8"DIA.MINIMUM 5'3"0/C 6I- - 4 e 2"X 6"GIRDERS,JOISTS, co DECKBOARDS 2-STORY z KICK PLATE:4"X 6" STUCCO 2"X 10"ROOF GIRDERS #2900 ♦ lXl LOT 94 w '''';. BRIAN EDWARDS& U .;. LOT 96 DEBORAH GRAY Q 4` M ':; :;::• LOT 95 THADDUS&LOUISE GREEN z SANDBRIDGE SHORES SANDBRIDGE SHORES O SANDBRIDGE U SHORES SECTION 16 SOUTH SECTION 16 SOUTH GPIN:2433 24-7820 SECTION 16 SOUTH GPIN:2433 24-7920 ::• • •::• •:• ;•:• ;... GPIN: co z :':':; ` ?.;':';' 24332477610000 O • MB 103,P25 U O _ e14 PIN(F) N 10°43'00"E 100.00' rL (-)5 FT TO THE CENTERLINE GREBE CRESCENT GRAPHIC SCALE 0 30 WOOD DUCK DRIVE (50'RAN) 15 45 f SIGMA ENVIRONMENTAL SERVICES.INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 EXHIBIT"A" PROJECT: DECK,COVERED BOAT LIFT& ENCROACHMENT REQUEST REVETMENT MAINTENANCE FOR:TODD R.MILLER&JAN C.MILLER, WATERWAY: BASS INLET WEST TRUSTEES,MILLER LIVING TRUST DATUM: 0.00'MLW=-1.3' NAVD 1988 LOT 95,SANDBRIDGE SHORES SECTION 1B SOUTH DATE: OCT. 19,2019 N W E 3 S a idli° Po 0 r �_ SITE -\\ 11110 4 O K4 ��G� O OG LOCATION MAP i ENCROACHMENT REQUEST FOR TODD R. MILLER AND JAN C. MILLER, TRUSTEES OF (\\ THE MILLER LIVING TRUST DATED AUGUST 12, 2011 Legend 2900 WOOD DUCK DRIVE GPIN 2433-24-7761 12433-24-7761 Emiii Feet CITY PROPERTY 0 50 100 200 47 ITEM IV.J.10b ORDINANCES/RESOLUTION ITEM#70273 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as: b. Lake Wesley at the rear of 464 Southside Road re construct and maintain a wood floating dock, aluminum ramp, boat lift and four(4) mooring piles Voting 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Wilson filed a Disclosure Letter May 19, 2020 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 WESLEY LOCATED AT THE REAR 8 OF 464 SOUTHSIDE ROAD 9 10 WHEREAS, Bruce L. Thompson has requested permission to construct and 11 maintain a proposed 8' x 70' wood floating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 12 16k boat lift, and four (4) mooring piles (collectively, the "Encroachment") adjacent to his 13 property located at 464 Southside Road (GPIN: 2427-20-3522). The Encroachment would 14 extend into the City's property known as Lake Wesley (GPIN: 2427-20-7891); and 15 16 WHEREAS, on April 27, 2004 under Ordinance 2803B, Council approved the 17 installation of a pier, boat lift and bulkhead on Mr. Thompson's property; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Bruce L. Thompson, his heirs, 28 assigns and successors in title are authorized to construct and maintain 8' x 70' wood 29 floating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 16k boat lift, and four (4) mooring 30 piles in the City's property known as Lake Westley as shown on the exhibit entitled: 31 "EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD PIER, ALUMINUM RAMP, 32 WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES 33 FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated 34 October 17, 2019 and revised through February 13, 2020, prepared by Gallup Surveyors& 35 Engineers, a copy of which is attached hereto as Exhibit "A" and on file in the Department 36 of Public Works, to which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 39 those terms, conditions and criteria contained in the Agreement between the City of 40 Virginia Beach and Bruce L. Thompson (the "Agreement"), an unexecuted copy of which 41 has been presented to the Council in its agenda, and will be recorded, after execution, 42 among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and i 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as Bruce L. Thompson and the City Manager or his authorized designee 48 execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h 51 day of May , 2020. CA14839 PREPARED: 02/13/2020 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d013\p036\00620593.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P L RKS, REAL ESTATE DANA . HARMEYER SENIOR CITY ATTORNEY 2 LAKE WESLEY `'1 NOW OR FORMERLY rlbe VIRGINIA BEACH EROSION COMMISSION \‘,0' ** PROPOSED WOOD D.B. 303 P. 293 MOORING PILES (4) GPIN: 2427-20-7891 w PROPOSED ^'- 8' X70' WOOD N FLOATING DOCK a' v co co 0, �. . PROPOSED �illh . - -� WOOD & STEEL 20K BOAT LIFT PROPOSED 24' 0> 1ION ALUMINUM RAMP ":,:;_ rn * I cp PROPOSED .' `` WOOD & STEEL .} ' Is1. RIP 16K BOAT LIFT -----1. . - L FENCE *�c �P� • EXISZ• - LKHEAD W�4 MOORING PILES SHALL BE N,C- 60' LONG OF DRIVEN 25' 7 WOOD PI F WOOD PIER BELOW THE MUDLINE, WHICHEVER IS GREATEST E i 0 B11ua w 3 NOW OR FORMERLY �. 1 WALL WITH WOOD DECK I I SAMUEL M. NOW OR FORMERLY s' WOOD FENCE I & CYNTHIA A. HINKLE BRUCE L. THOMPSON I ` 1 o I.N. 20150626000596150 D.B. 3961 P. 978 A PORTION OF LOT B10 LOT B13 & EASTERN 1/2 OF LOT B12 I - M.B. 26 P. 57 M.B. 7 P. 169 I-SHOWER II -``I GPIN: 2427-20-2474 1STORY FRAME RESIDENCE GPIN: 2427-20-3682 # 464 oo GPIN: 2427-20-3411 NOTES: 9 --moo w NOW OR FORMERLY N 1. THIS PLAN WAS . - BRUCE L. THOMPSON PERFORMED WITHOUT rn ;a D.B. 4040 P. 157 THE BENEFIT OF A ' - LOT B11 & WESTERN 1/2 OF LOT B12 0.27 MILES TO TITLE REPORT. M.B. 26 P. 57 GENERAL BOOTH *2. A ENCROACHMENT GPIN: 2427-20-3522 BLVD. AGREEMENT PIN(F) PIN(F) IS RECORDED IN N40'26'00"E 120.00' I.N. 200405120074559 SOUTHSIDE ROAD (50' R/W) EXHIBIT A .AL� TR 0 G ENCROACHMENT O� PLAT SHOWING Cr WOOD PIER, ALUMINUM RAMP, WOOD ' & STEEL BOAT LIFTS, FLOATING WOOD DOCK D R514'Z UTLER & WOOD MOORING PILES :38395 No. FOR: BRUCE L. THOMPSON 29 4ci- VIRGINIA BEACH, VIRGINIA • 1�21 \.4, SCALE:REVISEDIJANUARY 21, 2020TOREVISED FEBRUARY 13, 2020 ASS/ONAL ENG GALLUP SHEET 1 OF 7 SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD 0' 40' 80' 1 20' 19-29 VIRGINIA BEACH, VIRGINIA 23454 = (757)428-8132 , • • ...... /7.::::::;:::./..::-....:.::-:::.:::::::.r..:.:.*:.:::•::::;: r-...:.•:.::.:.::.r.:•:::..... .-.....-.1:-:•:-::::::-:-:.:-/:-:.:: Ln to CN1 (0 ilk .....vo 0.-t °RACE * •P 01 E (,) -...:.:.::::.:*:-........;/..... 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D/IIC R UTLER A-5 RESET v Ilk3 No. CHANNEL LOCATION PROVIDED EXHIBIT A , • 0 4.41 PLAT SHOWING BY: EAST COAST HYDROGRAPHIC .5` DISTANCE FROM CHANNEL 6N/ONAL FOR: BRUCE BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA SCALE: NOT TO SCALE OCTOBER 17, 2019 REVISED JANUARY 21, 2020 REVISED FEBRUARY 13, 2020 GALLUP ' SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD 19-29 , VIRGINIA BEACH, VIRGINIA 23454 (757)425-8132 SHEET 2 OF 7 ��LTH • No5(144P R L11e. ' 38395 2� 2u �� 4SS�ONAL ENG\� ♦--ir CLASS B TIMBER PILE WITH INTERNAL PILE GUIDE—TYP. FLOATING DOCK PILES SHALL BE 50' LONG OR DRIVEN 20' BELOW THE MUDLINE, WHICHEVER IS GREATEST. • + 2" X 6" TREATED TIMBER DECKING MATERIAL EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD PIER, ALUMINUM RAMP, WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA SCALE: 1" = 10' OCTOBER 17, 2019 8,0' REVISED JANUARY 21, 2020 REVISED FEBRUARY 13, 2020 GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)425-8132 SHEET 3 OF 7 ALUMINUM HANDRAILS 15' BEVEL OR PVC CAP / FIXED PIER 11111010 FLOATING DOCK PREFAB ALUMINUM GANGWAY MHW — EXTERNAL PILE GUIDES MLW 12'0 PILE, 2'x4'x16" POLYFLOATS L=50'* BY SEAPORT OR EQUAL APPROX. BOTTOM SECTION VIEW * (no scale) FLOATING DOCK PILES SHALL BE 50' LONG OR DRIVEN 25' BELOW THE MUDLINE, WHICHEVER IS GREATEST. 4.1 LT$ (4, att., D R. UTLER "' LIB. No. EXHIBIT A 38395 ENCROACHMENT 1,20�,PLAT � WOOD PIER, ALUMINUMOI RAMP, WOOD NGASS/ONAL2ENG\� & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' OCTOBER 17, 2019 REVISED JANUARY 21, 2020 REVISED FEBRUARY 13, 2020 GALLUP ' SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 SHEET 4 OF 7 16' 20K LIFT 12' 16K LIFT OR PER MANUFACTURER ENGR'ED I-BEAM xt MOTOR F.G.=9.5 (MIN.) STAINLESS STEEL CABLE LIFT TO BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS WOOD CHOCKS "\ MHW CRADLE I-BEAM CLASS B PILES, L=50' MLW • ALL PILING CCA 2.5 PCF (MLP-80) ALL HARDWARE H.D. GALV. ASTM-A153 WOOD CHOCKS TO BE CCA 2.5 PCF (MLP-80) APPROX. BOTTOM BOAT LIFT DETAIL N./ (no scale) v * BOAT LIFT PILES SHALL BE THE LENGTH SPECIFIED OR DRIVEN TO MIN. 50 PERCENT PENETRATION BELOW THE BOTTOM OF THE MUDLINE, WHICHEVER IS GREATEST. (NO SOUNDINGS OR SOIL BORINGS WERE PROVIDED) EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD PIER, ALUMINUM RAMP, WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK sALTH pv, & WOOD MOORING PILES �� FOR: BRUCE L. THOMPSON , #944t,VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' OCTOBER 17, 2019 c D R UTLER REVISED JANUARY 21, 2020 e. No. REVISED FEBRUARY 13, 2020 38395 • 2p 4� •. ' \ <v GALLSURVEYORS &U P ENGINEERS AS/ONAL °4. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 SHEET 5 OF 7 MATERIAL NOTES 1. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND MARKING ALL UNDERGROUND UTILITIES. 2. TEST PILES SHALL BE INSTALLED IN THE COMPANY OF THE ENGINEER OF RECORD. 3. ALL MANUFACTURED STRUCTURES, COMPONENTS AND PRODUCTS SHALL BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURERS SPECIFICATIONS AND RECOMMENDATIONS. 4. ALL STRUCTURES NOT SHOWN OR SPECIFIED TO BE REMOVED SHALL REMAIN. 5. ALL TIMBER SHALL BE SOUTHERN YELLOW PINE (SYP) #1 GRADE OR BETTER, S4S. 6. PRESERVATIVE TREATMENT: ALL TIMBER PILES, WALES, PILE CAPS (AS DEFINED OR SHOWN AS SUCH ON THE DRAWINGS) AND ALL OTHER PERMANENT TIMBER ITEMS INCORPORATED INTO THE STRUCTURE SHALL RECEIVE CHROMATED COPPER ARSENATE (CCA) TREATMENT AT A RATE OF 2.5 PCF IN ACCORDANCE WITH THE AMERICAN WOOD PRESERVERS ASSOCIATION AWPA STANDARD UI-12, USE CATEGORY UC5B. 7. ALL LIFT AND FLOAT PILES SHALL BE ASTM D25, CLASS B, MINIMUM DIAMETER 12" AT 3" FROM BUTT AND MINIMUM 8" DIAMETER AT TIP. WOOD PILE DELIVERY TICKETS SHALL BE ON SITE AND AVAILABLE TO A DESIGNATED REPRESENTATIVE DURING INSTALLATION. (FIXED PIER PILES SHALL BE 8" DIAM) 8. ALL FIELD CUTS, BEVELS, NOTCHES, RESURFACING, AND ABRASIONS SHALL BE PRESERVATIVE TREATED WITH COPPER NAPHTHENATE HAVING A MINIMUM OF 2% METALLIC SOLUTION IN ACCORDANCE WITH AWPA M4. 9. ALL PILES SHALL BE DRIVEN BY DROP HAMMER OR VIBRATORY HAMMER TO THE REQUIRED EMBEDMENT DETPH. THE CONTRACTOR SHALL BE REPONSIBLE FOR PROVIDING EQUIPMENT LARGE ENOUGH TO REACH THE REQUIRED EMBEDMENT. JETTING AND/OR PRE-DRILLING SHALL NOT BE PERFORMED WITHOUT PRIOR AUTHORIZATION FROM THE DESIGN ENGINEER. IT IS STRONGLY RECOMMENDED THAT THE CONTRACTOR DRIVE TEST PILES PRIOR TO FULL MOBILIZATIONS AND DRIVING OF PRODUCTION PILES. 10. ALL PILES DAMAGED DURING DRIVING SHALL BE EXTRACTED. 11. PILES SHALL BE MAINTAINED PLUMB DURING DRIVING. PILES SHALL NOT BE MORE THAN 2-1/2 INCHES OUT-OF-PLUMB PER 10 FEET OF PILE LENGTH, AND/OR NO MORE THAN 6 INCHES OVERALL PER PILE. 12. PILE INSTALLATION SHALL BE INSPECTED PER THE REQUIREMENTS OF THE AUTHORITY HAVING JURISDICTION. EXHIBIT A ENCROACHMENT PLAT SHOWING tkLTH pay, WOOD PIER, ALUMINUM RAMP, WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES , UTLE FOR: BRUCE L. THOMPSON O D R R VIRGINIA BEACH, VIRGINIA R. No. SCALE: 1" = 40' OCTOBER 17, 2019 '" 38395 REVISED JANUARY 21, 2020 2��204`Y REVISED FEBRUARY 13, 2020 �SS�pNAL ENG\� GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH. VIRGINIA 23454 (757)428-8132 SHEET 6 OF 7 13. FASTENERS: ALL FASTENERS SHALL BE PROVIDED WITH A HOT DIPPED GALVANIZED COATING IN ACCORDANCE WITH ASTM A153 AND/OR F2329 (AS APPLICABLE) WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 14. BOLTS - ALL BOLTS SHALL CONFORM WITH ASTM A307 AND/OR F2329 (AS APPLICABLE) AND HAVE HOT DIPPED GALVANIZING IN ACCORDANCE TO ASTM A153 WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). WASHERS SHALL BE PROVIDED BENEATH ALL NUTS AND BOLT HEADS. 15. NUTS - ALL NUTS SHALL MEET THE REQUIREMENTS OF ASTM A563 AND HAVE HOT DIPPED GALVANIZING IN ACCORDANCE TO ASTM A123 WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 16. OGEE WASHERS - ALL OGEE WASHERS SHALL MEET THE REQUIREMENTS OF ASTM A47 AND HAVE HOT DIPPED GALVANIZING IN ACCORDANCE TO ASTM A123 A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 17. NAILS - ALL NAILS SHALL BE MINIMUM 16D COMMON (UNLESS NOTED OTHERWISE), SPIRAL SHANK, HOT DIPPED GALVANIZED OR ELECTROGALVANIZED WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 18. MISCELLANEOUS STEEL COMPONENTS - ALL MISCELLANEOUS STRUCTURAL STEEL COMPONENTS, INCLUDING CONNECTORS, BRACKETS AND MISCELLANEOUS PARTS SHALL BE FABRICATED FROM ASTM A36 STEEL. ALL STRUCTURAL STEEL SHALL BE HOT DIPPED IN ACCORDANCE WITH ASTM A123 WITH A MINIMUM ZINC COATING OF 0.90 OZ/FT2 (OUNCES PER SQUARE FOOT OF SURFACE AREA). 19. DRILL ALL HOLES WITH A BIT 1/16" LARGER THAN THE REQUIRED BOLT DIAMETER. 20. ALL BOLT ENDS SHALL BE CUT OFF SUCH THAT A MAXIMUM OF 1" OF BOLT PROTRUDES BEYOND THE NUT. 21. EROSION REPAIR AREAS SHALL BE BACKFILLED WITH ONSITE AND/OR OFFSITE SOILS CLASSIFIED AS SM-SC WITH A PLASTICITY INDEX BETWEEN 10 AND 18. ALL SOILS SHALL BE PLACED IN MAXIMUM 8 INCH LIFTS AND COMPACTED TO 95 PERCENT OF THE SOILS MAXIMUM DRY DENSITY AS DETERMINED IN ACCORDANCE WITH ASTM D698. REPAIRED SLOPE FACE SHALL BE SEEDED WITH VEGETATION APPROVED BY THE OWNER. 22. BOAT LIFTS TO BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS. EXHIBIT A ENCROACHMENT P ATSHOW SHOWING �p,LTH p�, WOOD PIER, ALUMINUM RAMP, WOOD 0 & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES �o Q I R UTLER a FOR: BRUCE L. THOMPSON L No. VIRGINIA BEACH, VIRGINIA ` ..38395 SCALE: 1" = 40' OCTOBER 17, 2019 • 1'2C3 4c, REVISED JANUARY 21, 2020 F 1,2 REVISED FEBRUARY 13, 2020 SS/ONAL ENG GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)425-8132 SHEET 7 OF 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this I day of EebtL 20 Zo, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRUCE L. THOMPSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B11 and the Western 1/2 of Lot B12, Block B" as shown on that certain plat entitled: "REPLAT OF RUDEE HEIGHTS PRINCESS ANNE CO., VA.," Scale 1" = 100", dated December 1950, prepared by S. W. Armistead, C. E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 57, and being further designated, known, and described as 464 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, the Grantee was previously granted permission to encroach into a portion of Lake Wesley to construct and maintain an existing pier, boat lift and bulkhead, mooring piles, gangway and rip rap and fill as recorded in the aforesaid Clerk's Office as Instrument Number 20040512000745590. WHEREAS, it is proposed by the Grantee to construct and maintain a 8' x GPIN: 2427-20-7891 (Lake Wesley) GPIN: 2427-20-3522 (464 Southside Road) 70' wood floating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 16k boat lift, and four (4) mooring piles (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT WOOD PIER, ALUMINUM RAMP, WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated October 17, 2019 and revised through February 13, 2020, prepared by Gallup Surveyors & Engineers, 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 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood 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 3 be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($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, BRUCE L. THOMPSON, the said Grantee, has caused this Agreement to be executed by their signatures. 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. [REMAINDER OF PAGE 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 , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He 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 , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 OWNER: Bruce L. am on STATE OF CITY/COUNTY OFV1,10; a,4to-wit: The foregoing instrument was acknowledged before me this I1+k day of Pank , 2020, by Bruce L. Thompson. V 0 Qti (SEAL) Notary ublic Notary Registration Number: iS o7 y6S KELLY A. NORDHUES My Commission Expires: i •31•Zz,ZZ NOTARY PUBLIC REGISTRATION#7507985 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31,2022 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM , Li i IGN E M,•( DANA . A EYER SENIOR CITY ATTORNEY PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 7 'ilk , ' 404' , 1.P. '. 4C- 6it } `V. • i i f is 1 �^ j� ''- - i. /.4 IY l �f �O titit` U. ,k • ZO elk ,„ 00/ ,„ - . wove • 1 ,.. ' 444<#4 V er 1 ^N •l CAs :. �.t ip 1^.. , O T 'A. il46.' Js 4 ',,,11‘i 4. :' ";i: 41: l7:::'11.': :7: * '`.. kV* , 1.• ", -<... ' - . ',kty , , ,,,,,,at ,.#4. 4 , ,,,., 4 . -/I'4 �r 4 y : ''' .., :‘,..t. LOCATION MAP GRgCEgVE a �� '�� . y ENCROACHMENT REQUEST • • ;t �+ , FOR - " BRUCE L. THOMPSON 1r e' Legend I • 464 SOUTHSIDE ROAD A k GPIN 2427-20-3522 2427-20-3522 imel Feet CITY PROPERTY '-� �, ;_ 0 50 100 200 t4... . I :A Prepared by P.W./Eng./Eng.Support Services Bureau 11/14/2019 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-20-3522\2427-20-3522 Aerial.mxd N NORFOLKtt AV r I o 1"6 ,7% Nur W_.,._ E m 9L I S Q0- 6,0, /`� SITE 0 F '\,/ / c4i, i ,N ,''/'' 14 4/ /12 NV Alibti\I i � S'7/ - c 0.ow o /° J O , , �o 10 ; 1114e O LOCATION MAP GRgcEgVE ��, ENCROACHMENT REQUEST FOR��- 44iiii BRUCE L. THOMPSON Legend 464 SOUTHSIDE ROAD 7----- GPIN 2427-20-3522 2427-20-3522 ,, iimil Feet CITY PROPERTY Alliallill A 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 11/14/2019 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-20-3522\2427-20-3522.mxd tt4A•BEA 1--:i „ ;c 4 CIS' 04:.* o L1 It : �. City of Virginia T3cac1--x \t,t1..,,,,,,,, 4.4,4, A.,.sLr��#.i 0, OF OUR R N jeN9 May 19,2020 ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 In reply refer to 0067320 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code§ 2.2-3115(I) 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 the City Council's discussion and vote on an ordinance to authorize temporary encroachments into a portion of City property known as Lake Wesley at the rear of 464 Southside Road. 2. The applicant has disclosed that Dixon Hughes Goodman LLP ("DHG") is one of his service providers. 3. I have a personal interest in DHG because I receive income from the fine as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time.DGH's address is 272 Bendix Road, Suite 500,Virginia Beach,Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance,upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly,objectively, and in the public interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- May 19, 2020 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) 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, 4/7,1"1/4-01", ,477;/Cy. Rosemary A. Wilson Councilmember RAW/RRI 48 ITEMIVJ.11a ORDINANCES/RESOLUTION ITEM#70274 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the Virginia Department of Transportation (VDOT)ACCEPT: a. additional streets for Urban Maintenance Payments 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 May 19, 2020 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 4.76 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: *6-7,7( --. Department of P blic Works City- orri y's Office CA15022 R-1 March 4, 2020 Exhibit A - New Streets City of Virginia Beach Public Works/Operations New Street Street Type STREET FROM TO LANE MILES LOCAL FISHER AR PRINCESS ANNE RD SANDBRIDGE RD 0.80 LOCAL JIMMY MOBLEY WAY KINGSFIELD DR KINGSFIELD DR 0.50 LOCAL KNOTTS ISLAND RD STATE LINE DEAD END 1.40 LOCAL TOLLIVER RD S DEAD END N CUL DE SAC 1.06 LOCAL TOURNAMENT DR PRINCESS ANNE RD S DEAD END 1.00 Total Lane Miles of LOCAL streets: 4.76 Total Lane Miles of New Street: 4.76 Tuesday,March 3,2020 Page 1 of 1 49 ITEMIV.J.11b ORDINANCES/RESOLUTION ITEM#70275 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the Virginia Department of Transportation (VDOT)ACCEPT: b. corrections to the road inventory for Urban Maintenance Payments 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 May 19, 2020 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 CORRECTIONS TO THE ROAD INVENTORY FOR 4 URBAN MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting corrections or deletions to the revised road inventory for 8 urban maintenance payments; 9 10 WHEREAS, City personnel have reviewed the revised road inventory prepared 11 by the Virginia Department of Transportation and have determined that some 12 inaccuracies exist; 13 14 WHEREAS, corrections to the revised road inventory have been made as shown 15 on Exhibit B (attached), resulting in a net increase of 0.06 (Local/Collector) lane miles. 16 17 WHEREAS, a representative from the Virginia Department of Transportation has 18 inspected and approved corrections. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That City Council hereby requests the Virginia Department of Transportation to 24 accept the corrections listed on Exhibit B, attached hereto and incorporated by 25 reference, and to begin paying urban maintenance payments to the City of Virginia 26 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Pu is Works rney's Dffice CA15023 R-2 March 4, 2020 Jo I aSed OZOZ`£9a.BW`Aepsan1 80'0- :suopaiau jo sam awl Jelo,i, soso o- :Mani W301io MN WWI Ivwi WO- 3VS-3a-1113 3o axa as axaoacsva 13 ul'JR EV3s 1YD01 S3'IIW 3AIV1 01 NI01I3 133111S ad L 1aaa1S SUO aiaU hi'0 : suopapp paaoidag/suoprppy Jo sam ausI is;oy 1100110 WHI4I owl I=1o1 1,1'0 DVS aa'ln03 a143QV3aM .13 LH'JRIHV3S 1V001 S3'Il W 3MIV'I O1 WOH..4 1332i1S ad.Zy 1aa US Suopaiap paaticiag/suoi1ippy suolas.iado/SwOM allgnd SaIIY,q3 Q p II a I PEI E n,lo 1Cj13 ci i 1-lX 50 ITEMIVJ.12 ORDINANCES/RESOLUTION ITEM#70276 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH CIP# 5-159 "Public Utilities Office Space Acquisition and Improvements— Water"and CIP# 6-159 "Public Utilities Office Space Acquisition and Improvements— Sewer"and TRANSFER$2.1 Million from the Water and Sewer Enterprise Fund re public utilities space consolidation and build-out effort 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 May 19, 2020 1 AN ORDINANCE TO ESTABLISH PROJECTS # 5- 2 159, "PUBLIC UTILITIES OFFICE SPACE 3 ACQUISITION AND IMPROVEMENTS — WATER," 4 AND # 6-159, "PUBLIC UTILITIES OFFICE SPACE 5 ACQUISITION AND IMPROVEMENTS — SEWER," 6 AND TO TRANSFER FUNDS FROM THE WATER 7 AND SEWER ENTERPRISE FUND TO PROJECTS 8 # 5-159 AND # 6-159 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1. Capital Project # 5-159, "Public Utilities Office Space Acquisition and 14 Improvements — Water," is hereby established in the FY 2019-20 Capital 15 Improvement Program. 16 17 2. Capital Project # 6-159, "Public Utilities Office Space Acquisition and 18 Improvements — Sewer," is hereby established in the FY 2019-20 Capital 19 Improvement Program. 20 21 3. $2,100,000 is hereby transferred from the Water and Sewer Enterprise Fund in the 22 FY 2019-20 Operating Budget to the following projects: 23 i. CIP # 5-159 in the amount of$1,050,000; and 24 ii. CIP # 6-159 in the amount of$1,050,000. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get & Mana ement Services Ci y ey s Office CA15028 R-1 March 4, 2020 51 ITEM IV.J.13 ORDINANCES/RESOLUTION ITEM#70277 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City, the F-14 Tomcat Monument Association, and the Hampton Roads Squadron, The Association of Naval Aviation Inc., re F-14 Tomcat Monument at 251 Street and Boardwalk; and, AUTHORIZE the City Manager to ACCEPT the Monument upon completion 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 May 19, 2020 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 BETWEEN THE CITY OF VIRGINIA BEACH, THE F- 4 14 TOMCAT MONUMENT ASSOCIATION, AND THE 5 HAMPTON ROADS SQUADRON, THE 6 ASSOCIATION OF NAVAL AVIATION, INC., FOR 7 THE CONSTRUCTION, DEDICATION AND 8 MAINTENANCE OF THE F-14 TOMCAT 9 MONUMENT TO BE INSTALLED AT 25TH STREET 10 AND THE BOARDWALK, AND AUTHORIZING THE 11 CITY MANAGER TO ACCEPT DONATION OF THE 12 MONUMENT 13 14 WHEREAS, the F-14 Tomcat Monument Association ("F-14 Association") is a 15 nonprofit 501(c)(3) organization; and 16 17 WHEREAS, the Hampton Roads Squadron, The Association of Naval Aviation, 18 Inc. ("HRANA") is a Virginia non-stock corporation; and 19 20 WHEREAS, the F-14 Association has proposed to construct and dedicate a 21 monument for placement at 25th Street and the Boardwalk ("Premises"); and 22 23 WHEREAS, the F-14 Monument ("Monument") will educate the public on the vital 24 role of the Tomcat in Naval aviation history and will memorialize the aviators who gave 25 their lives in flight and who built and sustained the aircraft and fleet for thirty-six (36) 26 years; and 27 28 WHEREAS, the F-14 Tomcat was the first carrier-based fighter aircraft to feature 29 a variable swept wing, was capable of speeds approaching Mach 2, and proved a lethal 30 opponent against adversaries; and 31 32 WHEREAS, the Monument will detail how the F-14 Tomcat was deployed 33 worldwide in thirty-six (36) Navy squadrons and flew from U.S. aircraft carriers from 34 1974 through 2006; and 35 36 WHEREAS, the Monument will be constructed of a three inch powder-coated 37 tubular steel frame covered by four laser-etched black granite panels; and 38 39 WHEREAS, the Monument is similar in design to the existing Naval Aviation 40 Monument; and 41 42 WHEREAS, an agreement has been proposed between the City, the F-14 43 Association, and HRANA to provide for the construction, dedication, and maintenance 44 of the Monument ("Agreement"); and 45 46 WHEREAS, under the terms of the Agreement, the F-14 Association will pay, at 47 its sole cost and expense, to design and construct the Monument and HRANA, at its 48 sole cost and expense, will be responsible for maintenance and capital repairs to the 49 Monument; and 50 51 WHEREAS, under the terms of the Agreement, the City will remove 52 approximately five square feet of existing pavers at the Premises prior to installation of 53 the Monument; and 54 55 WHEREAS, the Agreement provides for the dedication of the Monument after 56 completion and written acceptance by the City; and 57 58 WHEREAS, at that time, the Monument shall be the sole property of the City; and 59 60 WHEREAS, the Virginia Beach Arts and Humanities Commission has endorsed 61 the Monument. 62 63 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 64 VIRGINIA BEACH, VIRGINIA, THAT: 65 66 1. The City Manager is hereby authorized to execute an Agreement between the 67 City, the F-14 Association, and HRANA for the construction, dedication and 68 maintenance of the Monument to be installed at 25th Street and the Boardwalk. 69 70 2. The City Manager is hereby authorized to accept, in writing, the Monument upon 71 final completion and dedication of the Monument. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ep men Rural Affairs City Attorney's Office CA14994 R-2 April 29, 2020 52 ITEM IV.J.14 ORDINANCES/RESOLUTION ITEM#70278 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ALLOWED WITHDRAWAL, BY CONSENT, Ordinance to APPROPRIATE$258,000 from Police Federal& State Seized Assets Special Revenue Fund to the FY2019-20 Police Department Operating Budget re purchase equipment and training-STAFF REQUESTS THIS ITEM BE WITHDRAWN AS THEY WILL RE- SUBMIT IN THE NEXT FISCAL YEAR 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 May 19, 2020 53 ITEM IV.J.15a ORDINANCES/RESOLUTION ITEM#70279 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $58,000 from the Virginia Department of Emergency Management(VDEM) to the FY 2019-20 Emergency Management Operating Budget re conduct a regional Hazard Identification and Risk Assessment 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 May 19, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $58,000 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT TO THE FY 2019-20 OPERATING BUDGET 4 OF THE OFFICE OF EMERGENCY MANAGEMENT 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $58,000 from the Virginia Department of Emergency Management is hereby 10 accepted and appropriated, with federal revenues increased accordingly, to the FY 2019- 11 20 Operating Budget of the Office of Emergency Management to conduct a Hazard 12 Identification and Risk Assessment. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of May 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A Office CA15026 R-1 March 4, 2020 54 ITEMIVJ.15b ORDINANCES/RESOLUTION ITEM#70280 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $201,556 from the Federal Emergency Management Agency (FEMA) to the FY2019- 20 Fire Department Operating Budget re costs for mobilization of Virginia Task Force 2 Urban Search and Rescue team members to Puerto Rico to assist areas impacted by multiple earthquakes 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 May 19, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $201,556 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO SUPPORT THE COSTS 4 RELATED TO MOBILIZING VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM MEMBERS TO 6 PUERTO RICO TO ASSIST AREAS IMPACTED BY 7 MULTIPLE EARTHQUAKES 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 10 VIRGINIA. THAT: 11 12 $201,556 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 to Puerto Rico to assist areas impacted by 17 multiple earthquakes. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of May , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . „j:77:77: - -- Budget arwd Management Services s Office CA 15062 R-1 May 5, 2020 55 ITEMIVJ.16a ORDINANCES/RESOLUTION ITEM#70281 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to Ordinances to TRANSFER from the General Fund Reserve for Contingencies: a. $177,466 to the FY2019-20Department of Public Health Operating Budget re funding requirement for shared Public Health Office 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 May 19, 2020 1 AN ORDINANCE TO TRANSFER$177,466 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES 3 TO THE FY 2019-20 OPERATING BUDGET OF THE 4 DEPARTMENT OF PUBLIC HEALTH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $177,466 is hereby transferred from the General Fund Reserve for Contingencies 10 to the Health Department's FY 2019-20 Operating Budget to fulfill the FY 2019-20 11 Department of Health local match of 45%, which is memorialized in a local government 12 agreement between the City and the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of May , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f7--; udget & Management Services Ci y orri 's Office CA15025 R-1 March 4, 2020 56 ITEMIVJ.16b ORDINANCES/RESOLUTION ITEM#70282 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to Ordinances to TRANSFER from the General Fund Reserve for Contingencies: b. $373,537 to the FY2019-20 Voter Registration and Elections re funding for the June 2020 Primary 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 May 19, 2020 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES 3 TO VOTER REGISTRATION AND ELECTIONS FOR 4 THE JUNE 2020 PRIMARY ELECTION 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $373,537 is hereby transferred from the Genera! Fund Reserve for Contingencies 10 to the FY 2019-20 Operating Budget of Voter Registration and Elections to fund the 11 Primary Election on June 23, 2020. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of May . 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget andivianagernentSenrices r y's Office CA15058 R-1 April 29, 2020 57 ITEMIV.J.17(ADD ON) ORDINANCES/RESOLUTION ITEM#70283 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE the Mayor, City Manager,and Director of Finance to EXECUTE a Coronavirus Aid, Relief and Economic Security (CARES) Act Funding Certificate on behalf of the City. 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 May 19, 2020 REQUESTED BY VICE MAYOR WOOD 1 A RESOLUTION TO AUTHORIZE THE MAYOR, 2 CITY MANAGER, AND DIRECTOR OF FINANCE 3 TO EXECUTE A CARES ACT FUNDING 4 CERTIFICATE ON BEHALF OF THE CITY 5 6 WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES)Act of 7 2020 provides funding for a number of different programs to address the COVID-19 8 pandemic; 9 10 WHEREAS, the Commonwealth of Virginia has allocated a portion of the $3.1 11 billion it received to localities, and the City's portion is $39,258,497; 12 13 WHEREAS, the requirements for use of such funds are that the costs: (i) are 14 necessary expenditures incurred due to the public health emergency with respect to 15 COVID-19; (ii)were not accounted for in the budget most recently approved as of March 16 27, 2020; and (iii)were incurred during the period that begins on March 1, 2020 and ends 17 on December 30, 2020; 18 19 WHEREAS, the CARES Act funds may not be used to cover revenue shortfalls; 20 and 21 22 WHEREAS, the Commonwealth requires the City to execute a certificate prior to 23 the receipt of such funds, and a copy of the certificate is attached hereto as Exhitrit A; 24 25 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA,THAT: 27 28 The Mayor, City Manager, and the Director of Finance are hereby authorized to 29 execute the CARES Act funding certificate in substantially the same form as attached 30 hereto. The City Manager or designee shall comply with all expenditure, reporting, and 31 audit requirements set forth in the certificate. 32 33 The City Manager is further directed to provide to the City Council a detaied plan 34 for the expenditure of such funds prior to June 30, 2020. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19 t h day of may 2020. APPROVED AS TO LEGAL SUFFICIENCY: omey's Office CA15073/R-1/May 18,2020 Exhibit A CERTIFICATION for RECEIPT of CORONAVIRUS RELIEF FUND PAYMENTS by The City of Virginia Beach We the undersigned represent The City of Virginia Beach (the locality), and we certify that: 1. we have the authority to request direct payment on behalf of the locality from the Commonwealth of Virginia of revenues from the Coronavirus Relief Fund(CRF)pursuant to section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief,and Economic Security Act,Pub. L.No. 116-136,div. A,Title V(Mar. 27, 2020). 2. we understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the locality. 3. the locality's proposed uses of the funds received as direct payment from the Commonwealth of Virginia under section 601(b)of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19); b. were not accounted for in the budget most recently approved as of March 27,2020, for the locality; and c. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 4. any funds that are not expended or that will not be expended on necessary expenditures on or before December 30,2020,by the locality or its grantee(s),must be returned to Commonwealth of Virginia no later than December 30,2020, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30, 2020. 5. we understand that the locality will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30,2020. 6. funds received as a direct payment from the Commonwealth of Virginia pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 7. any CRF funds expended by the locality or its grantee(s)in any manner that does not adhere to official federal guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 8. as a condition of receiving the CRF funds pursuant to this certification,the locality shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 9. the locality must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 10. any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 11. any CRF funds received pursuant to this certification will not be used for expenditures for which the locality has received funds from any other emergency COVID-19 supplemental funding(whether state, federal,or private in nature)for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute,regulation, or guideline. For counties only' 12. an equitable share of CRF funds received pursuant to this certification shall be shared with and granted to each town within its jurisdiction. Such grant(s) shall be used solely for necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19), that were not accounted for in the budget most recently approved as of March 27,2020, and that were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. The county issuing the grant is responsible for the ensuring compliance with the documentation requirements required by this certification and shall ensure that the use of the funds meets the requirements set forth in this certification. We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. By: By: By: Robert M. Dyer Thomas M.Leahy,P.E. Alice M. Kelly Signature: Signature: Signature: Title: Title: Title: Mayor Acting City Manager Director of Finance Date: Date: Date: 58 ITEM IV ADJOURNMENT ITEM#70284 Mayor Robert M. Dyer DECLARED the City Council SPECIAL MEETING ADJOURNED at 6:24 P.M. 2d4 •u Chief Deputy City Clerk an a Bar , MMC Robert M. Dyer City Clerk Mayor May 19, 2020