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Home My WebLink AboutJULY 7, 2020 FORMAL SESSION MINUTES QOBf4--C14.-1 A6p .1 of o&F VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 7, 2020 Mayor Dyer called to order the CITY MANAGER'S BRIEFINGS in the City Council Chamber, City Hall, Tuesday, July 7, 2020, at 1:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None 2 CITY MANAGER'S BRIEFINGS PUBLIC HEALTH AND SAFETY UPDATE ITEM#70447 1:01 P.M. Mayor Dyer welcomed Erin Sutton, Director—Office of Emergency Management, and Steve Cover, Deputy City Manager. Mrs. Sutton expressed her appreciation to City Council for their continued support: Mrs. Sutton advised there are 66,740 cumulative COVID-19 cases and 1,881 deaths in Virginia. The City has 1,455 cumulative COVID-19 cases and 30 deaths representing a 7-day average of 40 cases(6%) compared to an 11 case average in early June. The case fatality rate remains at 2%. There has been a total of twenty-eight(28) outbreaks in the City resulting in 173 cases; 87 are healthcare workers. Mrs. Sutton provided the following updates: COVID-19 Update • An increase in the number of positive COVID-19 cases among residents younger than 30 years old continued through the weekend. • Case investigators continue to report young adults and teenagers participating in activities that involve large gatherings and not wearing a face covering. These gatherings include exposures at local bars,family celebrations, and socializing with friends. • Investigators also report a disturbing trend of cases not providing names of close contacts so the contacts can be notified and some being uncooperative in agreeing to participate in monitoring, including the less invasive monitoring through the Sara Alert program. City Recovery Operations • Reopening Plans are continuing to be submitted and reviewed by Office of Emergency Management (OEM), Occupational Safety and Health, Fire Marshal and the Health Department. o Approved:Housing, City Attorney, Communications, and VBFD o Additional Recreation Centers have opened and have plans to expand programs and services. o Received as of 7/7; 4 under review, 20 approved and still awaiting 11 submissions • Logistics Demobilization o Over the next 30 days staff will transition PPE ordering back to Departments. o Efforts continue towards having 6 months of key PPE items (masks, hand sanitizer, disinfectant, gowns) on site for the second wave/flu season. • The return of sports tournaments/special events are currently being reviewed by stakeholders in the City and assisted by the Special Events Task Force. July 7, 2020 3 CITY MANAGER'S BRIEFINGS PUBLIC HEALTH AND SAFETY UPDATE ITEM#70447 (Continued) Hurricane Season • Prepare plans for sheltering in place vs. evacuation now as there is more activity in the Atlantic. • Significant rainfall later in the week and over the weekend is expected to travel up from Georgia. • VBGOV.com and FEMA.gov and Knowyourzoneva.org Mrs. Sutton turned the brief over to Mr. Cover to provide an update regarding the 4`h of July weekend. Mr. Cover expressed his appreciation to all Public Safety staff City Attorney and Commonwealth Attorney who worked hard in preparing plans and provided assistance during the holiday weekend. Mr. Cover expressed his pride in the Police Department in following their strategy of remaining firm,fair and friendly to the citizens and visitors at the Oceanfront. Mr. Cover advised the Traffic Plan had a reverse flow turn around at the foot of I-264 put in place to avoid compromising the public safety which has been done in the past during large events at the Oceanfront. Mr. Cover acknowledged there were citizen complaints and apologized for any inconvenience it may have caused. Mr. Cover advised there was a serious injury involving fireworks over the weekend as well as people firing weapons in the air, as the bullets came down from being fired, one nearly hit a citizen and another hit a patrol vehicle as it traveled on I-264. Mr. Cover advised both activities are illegal. Mr. Cover advised on Saturday evening, July 4th, a protest was planned and organized. Mr. Cover advised he and Interim Chief Zucaro met with organizers of the protest and agreed on a route. Mr. Cover advised the protest was peaceful and expressed his appreciation to members of Black Lives Matter 757. Mayor Dyer expressed his appreciation to Mrs. Sutton and Mr. Cover for the presentation. July 7, 2020 4 CITY MANAGER'S BRIEFINGS COURTHOUSE SECURITY FEE ITEM#70448 1:26 P.M. Mayor Dyer welcomed Sheriff Kenneth Stolle. Sheriff Stolle expressed his appreciation to City Council for their continued support: Y 51AERIFF Lat Y Oo Virginia Beach Sheriff's Office Courthouse Security Fee Briefing July 7, 2020 Ken Stolle Sheriff/High Constable This slide provides the Total Revenues between FY07— FY20 as well as the Courthouse Security Fee of $10.00 in place since FY08: Courthouse Security Fee Since FY07 $900 Budgel Ac[ual ---2 per.Mov.Avg-I Ac[ual) $800 5700 800 1 1 1 1 1 1 1 1 sso. 0 11 I I I I I I 1 1 i 4 =300 I I I I I I I I I I I I =z00 1 1 I I I I I I I I I I I $100 I I I $0- FY07 FY08 FY09 FY10 FY11 \FY12 FY13 FY14 FY15 FY18 FY17 FY18 FY19 FY20 a 8949s1 308,000 815,180 815,000 827,300 775,000 800,000 750,000 825,000 875,000 820,000 570,000 570,000 500,000 500,000 •94994 394,953 789,131 824,079 788,750 728,058 818.948 709,888 817,729 570,858 494,790 451,884 487,025 428,807 334,897 Mayor Dyer expressed his appreciation to Sheriff Stolle for the presentation. July 7, 2020 5 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 1:13 P.M. Mayor Dyer welcomed Tony Zucaro, Interim Police Chief Chief Zucaro expressed his appreciation to City Council for their continued support: COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES (CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE INTERIM CHIEF TONY ZUCARO July 7.2)21 Citizens placed the sign below in front of the Second Precinct: 461 C. .7p�`"1'.. .,w /, • '{'`- . _ Fez , , 1 ,,, ... J t �.i I :aJ L)I) AEI - a51 :14•1s."elt,:' s, i-4,k°,3 ,.F.4.1.0_,c,.?,,e, L _��7'—7-: ...,7., `,y: •::-, _��t a.� f' ?aK'.t 'fir ., ,..--,A.0 fir 3' � July 7, 2020 6 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Here is the Community Profile: COMMUNITY PROFILE 449,994 39th 307 I86,464 86 Population Largest City in the Square Miles of Housing Units Public Schools 56000 Military vere,+ns United States Land&Water 66,82n sh,d,„, 5 169 Teachers 19 Million Visitors Annually 0 The City's Police Department is the largest Municipal Police Department in the state: OUR DEPARTMENT cWu1,C.� „"' 1' GIN�P rl VIRGINIA a $106 Million Budget La 1,osr Municipal Po&e Total Citj 8ratlgr,: Departrrienc 1,007 Members SWOfn&Civilian 0 July 7, 2020 7 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Here are the demographics: OUR DEPARTMENT HISPANIC 5% `-' k TWO OR MORE o .w:� -, RACES 83/o dN:.�:,sl 47. 3% AFRICAN v ' '/ ASIAN/PACIFIC AMERICAN ISLANDER 7% 2% 0 Here is the Regional Comparison showing the difference between Community and Agency Demographics: REGIONAL COMPARISON Difference ' Community between Demographics Agency Demographics Community A.enc African American African American and A.enc Norfolk 42.3% 18.9% 23.4% New..rt News 42.7% Not Reported Hampton 51.1% 24.2% 26.9% Chesapeake 30.5% 9% 21.5% Portsmouth 54.4% Not Reported Suffolk 42.4% 17.6% 24.8% Vir.inia Beach 20.3% 6.9`, 13.4' e July 7, 2020 8 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Here is an overview of the 2019 Citizen Satisfaction Survey results for Police Department Services: 2019 CITIZEN SATISFACTION SURVEY • 91%Overall Score in 2019 Citizen Satisfaction Survey Police Department Services • 88%among African , srr.u�rr.r■■■...�rrM1 � � 4ye Americans surveyed ' , , "'�� • 92%in 2017 . The romp.w«a...a..,...a.a,.!•1....rrw.aw,wsi..r•w.+d.. • By Zip Code Of .. .. .. ., .. .. .. .. .1 • Lowest score is 87%in +°".... 23462,23451,and 23459 , ' • Highest is 95%in 23456 and 23457 Here is the City's Violent Crimes Comparison between the ]S`Quarters of 2019 and 2020: VIOLENT CRIMES COMPARISON City of Virginia Beach Violent Crime Survey too 90 80 71 70 80 80 I I •HomkiOe 50 Rape40 38 38 ■Rob30 2520 10 40 - 2019(141 OR) 2020(1.1013) July 7, 2020 9 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Here is the 2020(1st Quarter)MCCA Violent Crimes Comparison: MCCA VIOLENT CRIMES COMPARISON 2020(1°f Quarter)Comparison to Other MCCA Agencies 1053 1000 805 600 621 000 ■Homde 451 Rape ■Robbery 400 303 I •Agg Assault 2�0 _ 'I — II — ,' _ - 1 a_ 1 Vrgria Buffalo.NY CAsione,NC Long Beach. Mesa AZ O•Wrid,CA (Mende,Ft.Sag Lake City Tulsa,OK Beach,VA CA UT The next several slides provide an overview of Recruiting Challenges and Misconceptions: RECRUITING CHALLENGES Overview • Employee retention • Not unique to Virginia Beach • Fewer applicants participating in • COVID-19 has dramatically altered recruiting the hiring process strategies • Entry into the police academy does not guarantee success • Diversity in recruiting remains challenging 3 July 7, 2020 10 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) RECRUITING CHALLENGES What we are doing about it • Recently formed Recruiting • Engage HBCUs to ask for support - = Consortium to assist with • Participate in Social Justice forums(on recruitment campus) • Civic minded citizens and • Partner with LGBTQ Life Center to ensure we Faith/Business members are a welcoming employer for transgender • Locate&recruit quality Police Department members applicants • Police Cadet Program proposal • Work with local colleges/universities for academy transfer credits toward degree m RECRUITING MISCONCEPTIONS I am too old to join the Police Department • Average age of most recent • Average number of persons hired over the age academy class was 28.3 years of 40 in each class for the last 8 academies. old 3.5 • Oldest-48 • Youngest-21 • 4 persons over the age of 40 were hired 0 July 7, 2020 11 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) RECRUITING MISCONCEPTIONS WRITTEN EXAM Males Females Total Success Success Success Race Groups Passed Failed Rate Passed Failed Rate Passed Failed Rate Asian 5 0 100.0% 1 0 100.0% 6 0 100.0% African- 16 1 94.1% 8 1 88.9% 24 2 92.3% American Hispanic 3 1 75.0% 4 0 100.0% 7 1 87.5% 2+Races 8 3 72.7% 1 0 100.0% 9 3 75.0% Native 0 0 0.0% 0 0 0.0% 0 0 0.0% American Pacific 0 1 0.0% 0 0 0.0% 0 1 0.0% Islander White 73 6 92.4% 35 1 97.2% 108 7 93.9% TOTALS 105 12 89.7% 49 2 96.1% 154 14 91.7% 19 Here are Positive Steps in Recruiting: POSITIVE STEPS ./ Welcoming 51 recruits to the IN RECRUITING incoming class(July 14) Implementation of POP provides clear benchmarks for achievement& compensation SATURDAY, JULY 11 '/ Certified police officer transfers VBPD TESTING '/ Continue to provide world- In order to participate, please have your application and personal class training& maintain high history questionnaire (PHO) reputation(cited for turned in no later than June 5th. employment consideration) July 7, 2020 12 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) 6'. r. - 14„.,- - 1 COMMITMENT totheCOMMUNITY 5 I 1. Department Accountability us 3 � , 2. Learning&Leaning Forward Organization D, 3. Community Outreach&Trust-Building Activities DEPARTMENT ACCOUNTABILITY 1! July 7, 2020 13 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) The Police Department met 495 accreditation standards to receive annual CALEA Certification since 1986 and has been awarded the Gold Standard of Excellence Certification by earning a perfect score during each of the past four(4)assessments: CALEA THE GOLD STANDARD IN PUBLIC SAFETY GOLD STANDARD OF EXCELLENCE 495 ACCREDITATION STANDARDS PERFECT SCORE There are approximately 18,000 police departments in the country with only 731 Certified Nationwide and only 138 awarded Accreditation with Excellence: CALEA THE GOLD STANDARD IN PUBLIC SAFETY 731 Police Departments Certified Nationwide 138 have been awarded Accreditation with Excellence July 7, 2020 14 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) c' N„= COMMUNITY POLICING IS AT ITS BEST - ; _ IN THE VIRGINIA BEACH POLICE DEPARTMENT • PP et EVERY EMPLOYEE UNDERSTANDS AND PRACTICES THE PHILOSOPHY lip July 7, 2020 15 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) et VBPD IS METICULOUS IN SEEKING FEEDBACK ON THE COMMUNITY'S PERSPECTIVE AS TO HOW WELL THE POLICE ARE MEETING THEIR NEEDS P) Here is the Use Of Force Policy Guidance: USE OF FORCE Policy Guidance • All Policies&Field Guides are • Mandatory reporting and review of all Uses of available online Force • Protocols are among the most • Any Use of Force found out of policy stringent in the nation automatically generates an Internal Investigation • Chokeholds&Neck Restraints • Multi-layered are&have been PROHIBITED • Starts at the Officer's parent Command for some time July 7, 2020 16 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Of 260,000 Police/Citizen encounters, .3%involved Use of Force: A CLOSER LOOK:Accountability in Action .03% ` .004% Uses of Force Citizen Complains Citizen Complains for Use of force CITIZEN CONTACTS 2019 Traffic Stops 69,400 Arrests 18,693 Field Interviews 5,637 Calls for Service 163,134 TOTAL 256,864 13 LEARNING & LEANING FORWARD ORGANIZATION 24 July 7, 2020 17 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Here is an overview of Body Worn Cameras: BODY WORN CAMERAS Program Overview • Divided into 4 Phases • Cameras worn on police uniform • Currently in Phase 3(330 • Technological advancement considerations Officers) • Activation during a police-citizen encounter • 450 Patrol Officers to be • Restrictions on powering off BWC equipped • Officers&Supervisors cannot edit or delete • Includes In-Car Camera videos deployment • Complete policy available for review online • $5.5 million investment • Policy created with citizen input The B1ueTeam/EI Pro Software is the Department's Use of Force Reporting Program: BLUETEAM/EI PRO SOFTWARE Early Alert Intervention • Each Use of Force requires a • Officer action that places them outside of the Blue Team report thresholds generates an alert • El Pro software conducts an • Officer's chain of command notified and a analysis of reports to identify documented review of the alert occurs trends • Pre-determined thresholds set to identify mean 0 July 7, 2020 18 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) ACTIVE BYSTANDER Embedded in our Use of Force TRAINING Policy Applies to all members of the Department . IN v Intervention required if one • • \3V officer believes another is j / violating policy im*, IA" 10 O �_ ./ Automatic Internal \ it Investigation 0 Here is an overview of the WRAP Restraint System: DE-ESCALATION ,/ Embedded in our Use of Force REQUIREMENT Policy&Training Protocols G Use of de-escalation techniques is required G Use of new technology to reduce force and associated idQ8� injuries To„AlV r, '. t a • The WRAP Restraint System r • Full immobilization w""//.. • Reduced risk of positional asphyxia 0 July 7, 2020 19 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) The Crisis Intervention Team (CIT) is a program the Department has had in place since 2009: CRISIS INTERVENTION €, Leading the way since 2009 TEAM Our CIT program is world- renowned. This invaluable program helps to divert those who maybe in crisis away from the criminal justice system. tie One of the largest CIT programs in the State LL ' ; ~ All officers,including members of our executive leadership team, tjt I+a have received training in CIT In A ; total,there are 423 CIT-certified • Ago officers who have attended the 40- hour training program0 Here is an overview of City Wide Cameras: CITYWIDE CAMERAS Oceanfront Camera Project • CIP 3.610 • Access to 50+cameras throughout the resort • $7,368,308 originally allocated area for 3 phases of the project(68 • Views from 40+traffic cameras throughout total cameras) City • Phase 1(25 new cameras) • Integrated with mobile capabilities completed in April 2018 (drones) • Phase 2&3 funding diverted to • Enterprise system used by all Public Safety BWC Project departments 0 July 7, 2020 20 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Here is an overview of the Training Facility located in Creeds: WORLD-CLASS TRAINING Success does not come by accident • "Creeds is a unique and • Officers are provided training facilities for enviable training facility where • High speed&precision driving track officers engage in scenario- • Crowd management tactics based training • Critical incident response • Academi is a 4,000-acre facility • Stop the Bleed&First Aid that allows outdoor and ballistic AED,Narcan,Tourniquets housing firearms training • De-escalation&Use of Force practical scenarios NEEDED REPAIRS A 1 ■ x :ram s n 1 l i 32 July 7, 2020 21 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) NEEDED REPAIRS 11111171111111111 I! COMMUNITY OUTREACH & TRUST-BUILDING ACTIVITIES July 7, 2020 22 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Here is an overview of Community Outreach & Trust Activities: COMMUNITY OUTREACH & s/ Committed to Our TRUST Community Our officers reflect the Virtues of Policing and willingly risk their lives for persons they do not know,have never met,and may never meet again. Guardian Mindset The Virginia Beach Police Department believes in Sir Robert Peels ideal that states • 3iL ems ` - 'The Police are the Public and the Public • - are the Police" w .-= sw '/ Community Initiatives • _ 1 Partnering with the community has enabled the overall crime rate in Virginia Beach to remain the lowest of any city of our size in the nation. 0 The next several pictures were taken during Community Outreach events: icillill EI lip og �•` 441\iik, Iv e * ) i. it,ttvat July 7, 2020 23 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) $ l;.. Vic. -t`"" E ti , ,:it's d4 - A n f - . .. ,..,„ _ _ — . ... . , .......„ . . 41 - , , gr ''. 1( = ir -i t-, .37--- ' " ..� -..RR. t�R mil\ - �� ` Laii 1 rillir .. A44�. K"J.' y 10 < ., i1. . ._ - . .....,--„„. - , - "`ems _ 4 July 7, 2020 24 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) t•1111111l 0 ,.! -I '"- -:-.::,t' ' ''41 ' _, ,,,11 it''''- : 047. 440,. . ? ,A1-:;',-. ,-,; . — i, 14. E- " �, , ...._.. itt, A.to•A 1."—,,:ir 0.-4( - ' .. I - ;VI I. ' [ ••• 4.- ,a- . h cc; , :., . %...,°'0,_,--, ' ' Air- ,..-,,,,,„ . . , & ....,•, .., .5.. , ,.. , . . . • /4". , .... , iiii„ , ...... �r� • r tt t' t' '�; e-p I f" ` F 0 • ak - 4 ...); , 1 r�l , a / AN e July 7, 2020 25 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Since 2010, Police have conducted Community Surveys by going door-to-door and talking with citizens: ....iiiiiiiiilik •- 1 ' COMMUNITY SURVEYS t rth 6r 1. Ongoing since 2010 -1 - 2. In select areas of our community 3 All ranks of the Department participate 1 I 4 Positive,face-to-face conversations t' Here are the Community Partners: COMMUNITY ,I Long-standing relationship PARTNERS with various Civic/Community groups • CAC/CAB • Civic Leagues _ - W • Pastor's Roundtable •' '`; RAC �� ,. • HRC %_ � • Public Schools . 0 iii,1,.:t aim.,,,.:i 4 iz.,4.. 21 e .t,6:. t tiv14 5 k. t 0 July 7, 2020 26 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) CURRENT TOPICS OF INTEREST u This diagram is referred to as the, "Eight Can't Wait", however, it is important to note these have been part of the Department's Use of Force Policy. This information is now posted on the website: Research shows more restrictive use of force policies can reduce killings by police and save lives. Tell your city to adopt all eight of these policies. REQUIRES EXHAUST RAN CHOKE HOLDS& REQUIRE REQUIRE WARNING ALL ALTERNATIVES STRANGLEHOLDS DE-ESCALATION BEFORE SHOOTING BEFORE SHOOTING 114. ♦I REQUIRE BAN SHOOTING AT REQUIRE USE OF COMPREHENSIVE DUTY TO INTERVENE MORINO VEHICLES FORCE CONTINUUM REPORTING c July 7, 2020 27 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) The Investigation Review Panel(IRP)was established in 1991, and is comprised of City Council appointed citizens to review the Police Department's Internal Affairs Office Investigations: 0 Coronavirus Information Ng)CevomIMni)D.Va[mess)eumer eesources)investigates eau,Pan;nee; A S . ■Email 8 Rift HUMAN RESOURCES ERRSOSea i Irlveuigatinn Review Panel W mK Investigation Review Panel(IRP) ,0,7,185.E314 wnun0.),u cdmn.w 8751�:'�:s• The osHpoas cR tlae Imeatgrt�on Review Panel is to ei.w�e rrn�epm[a s.�d toot Wswns of M poke Oepaitnwn:s irwnal AHain Eligiaggda1CSLUSESAE Mee investigations involving a.uw of authority u ol)wr venous misconduct are corrplele,acowae end reawlly supports. E9WlF9tl4®mlP9921m6Y o,Ae.w«PaM(� Public Hearing Schedule IRP Panty Members Gaxl h.Al^r lVSl ResoWtw 6 Bona deu.. 2020 IRP Reviews/Hearings REVIEW MINUTES AWN(11INl;1i; MM.S1,11112D i IRP F«en no Poaaats uaa:r.53.1G:G_ 2019 IRP Reviews/Hearings Here are Policy Considerations in the Media: POLICY CONSIDERATIONS in .i Mandatory reporting of Use of the MEDIA Force to national database De-fund Police Budgets V 4 �' 9Publish Use of Force reports Ofprrml.� it ..Mre• � 1 (..ir,i11i3 Be��h Po itt = RI I r ;,.. P e ,� '/,• Recruit a more diverse �e �r'' workforce e� � '/ Mandate the use of technology { such as Body Worn Cameras 0 July 7, 2020 28 CITY MANAGER'S BRIEFINGS COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES(CALEA) THE GOLD STANDARD:STRIVING FOR POLICING EXCELLENCE ITEM#70449 (Continued) Here is the plan for future Community Dialogue: LEANING FORWARD \ COMMUNITY DIALOGUE dot . ,.. �. 4 - - 1. Continue to meet w/Community Organizers _ N ` 2. Host In-Person Town Halls(when possible) r 4% ' Ili, 3. Virtual Conversations on Topical Issues litor' 4 Communication Strategy-Our Message 5. Sett-Reflection&Improvement Questions? Pony Zucartr vbpd(c.!vbgov.cu 0 ;57-38 -41 dfi ymaw . - ....-:>,. -� `.. "...._ .�..:_. _------ •-� -., ----^�-Writ. Mayor Dyer expressed his appreciation to Interim Chief Zucaro for the presentation and for all of the work and dedication of the men and women of the Police Department. July 7, 2020 29 CITY COUNCIL DISCUSSION ITEM#70450 3:12 P.M. Mayor Dyer opened the discussion by distributing a list of City Council Agenda topics to Council Members and requested each member prioritize the list and return to him. Mayor Dyer advised there have been requests to have discussions on the topics included and he would like to prioritize them so topics can be added to future agendas. Council Member Jones requested to have the Council Meetings scheduled for August 4rh (regarding the Westminster Canterbury planning application) and the August 18`'' (regarding the Thalia rezoning application)held at the Convention Center to accommodate the anticipated large gathering of citizens who want to participate. Council Members agreed it is a good idea and instructed the City Clerk to plan for these meetings to be held at the Convention Center. Council Member Abbott requested to have both Council Meetings live streamed. Amanda Barnes, City Clerk, advised the Meetings can be lived streamed to VBGOV.com and Facebook Live but not to cable television. Mayor Dyer advised he would like those accommodations to be made. Council Member Henley requested more information concerning the new City Manager's contract involving compensation, Paid Time Off(PTO) and severance pay package advising the compensation has a substantial increase and the severance package is much more broad from the previous City Manager's contract. Council Member Moss advised he would also like to discuss his suggestion to amend the CARES Act Funding Ordinance on tonight's Agenda and will discuss during the vote. Council Member Moss advised the two main topics he would like to discuss are:review of the Comprehensive Plan Survey questions before the survey is distributed and a quality assurance plan for the Stormwater Management Plan. Vice Mayor Wood requested Council Member Moss explain the differences concerning the CARES ACT Funding. Council Member Moss advised he previously distributed an amended version to the CARES ACT Funding Ordinance that has specific language on who will receive funding, how much funding and the process on how recipients of the funding will be selected. Council Member Moss suggested a lottery as there is not enough funding to provide assistance to all those in need. Council Member Berlucchi advised Non-Profit businesses are currently included in the Ordinance being considered at tonight's Meeting and requested they remain in Council Member Moss's amended version. Council Member Berlucchi advised a technical correction was made to a Resolution being considered on tonight's Agenda and distributed copies of the corrected Resolution (Resolution to Direct the City Purchasing Agent Include a Virginia Human Rights Act Provision in All City Contracts). July 7, 2020 30 CITY COUNCIL DISCUSSION ITEM#70450 (Continued) Council Member Wilson expressed her concern with limiting funding to businesses with less than fifty(50) employees as there are businesses with 100 and 150 employees who are also adversely affected. Council Member Wilson advised she would also support using a lottery system to select who receives funding. Council Member Abbott advised she has met with several small business owners who reported to her the main reason for not applying for assistance was due to lack of education, ability and financial means to apply. Council Member Abbott advised business owners need help filling out the applications and asked what the outreach strategy is to help? Council Member Abbott expressed her support to include having Non-Profit businesses considered as well as using a lottery system. Council Member Jones requested to know if there is a list with all of the businesses who have applied for assistance and wanted to ensure there is a qualification process. Ronald H. Williams, Jr., Deputy City Manager, recommended a new application process as there is a deadline of December 30, 2020, when any remaining funding will have to be returned to the government if previously not awarded. Alice Kelly, Director — Finance, advised the guidance the City has recommended is broad to allow for flexibility since the government's guidance has changed and continues to change. Ms. Kelly recommended not allocating all of the funding at the same time in case more changes are made to the qualification requirements. Council Member Wooten advised she is concerned with the outreach strategy and does not believe the most vulnerable people are receiving the information. Mr. Williams advised Old Dominion University's Women's Group will be providing application assistance as well a new space located in Town Center that will be dedicated to assisting applicants. Vice Mayor Wood asked Mrs. Barnes to provide information concerning the continuation of WebEx participation. Mrs. Barnes advised the Planning Advertisements include WebEx participation at City Council Meetings through July 21S`. Mrs. Barnes advised he next advertisement for the July 2811' City Council Meeting is required to be placed tomorrow and requested guidance if WebEx participation should continue to be advertised? Council Member Moss requested a disclosure be provided to applicants who wish to participate via WebEx that if they are unable to connect due to technological difficulties on their end, their application may still be decided on and will not be reconsidered at a later date based on their inability to participate. Council Member Abbott suggested adding language within the Planning Department's guidance that is sent to applicants that will explain the process on how to connect via WebEx, so applicants have it prior to the meeting. July 7, 2020 31 CITY COUNCIL DISCUSSION ITEM#70450 (Continued) Bobby Tajan, Director—Planning, advised he will ensure that guidance is added. Mayor Dyer provided consensual guidance to continue advertising WebEx participation through July and would revisit this again in August to determine if it is still necessary. Council Member Rouse advised he would like to amend a Resolution being considered tonight to include two (2) members with sports marketing experience to the composition of the proposed Convention and Visitor's Bureau Task Force. July 7, 2020 32 CITY COUNCIL LIAISON REPORTS ITEM#70451 4:05 P.M. Council Member Tower advised the Resort Advisory Commission held meetings in June and July and are continuing to work on the Resort Area Strategic Action Plan (RASAP) to establish and fund a Resort Area Management Office. Council Member Tower advised more work is needed on the budget and he would like to include this as a topic during budget adjustment discussions. July 7, 2020 33 CITY COUNCIL COMMENTS ITEM#70452 4:06 P.M. Council Member Tower referenced an article printed in the Richmond newspaper regarding short term rental regulations and advised Richmond requires homeowners live on the property 185 days a year for all short term rentals. Council Member Tower suggested doing more research and consider including a similar regulation for the City. July 7, 2020 34 CITY COUNCIL COMMENTS ITEM#70453 (Continued) Council Member Moss expressed his appreciation to Thomas Leahy, City Manager, for his memo identifying specific reduction of Full Time Employee(FTE)positions, that were previously generic, during the budget reconciliation process and for the level of detail he and his staff provided. July 7, 2020 35 AGENDA REVIEW SESSION ITEM#70454 4:08 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses(Deferred from June 16, 2020)—Requested by Sheriff Stolle b. 2-129 re employee grievances c. 7-58.1 and 7-59.1 re allow operation of motorized scooters in the Resort Area and on the trolley lanes of Atlantic Avenue 2. Resolution to DIRECT the City Purchasing Agent to include a Virginia Human Rights Act Provision in all City contracts(Requested by Council Member Berlucchi) 3. Ordinance to AUTHORIZE a gas pipeline easement across a portion of the City's Lake Gaston Pipeline property located in Greenville County, Virginia to Columbia Gas of Virginia, Inc. and DECLARE such easement to be in EXCESS of City's needs 4. Resolution to ESTABLISH a Community Task Force re evaluate transitioning the Convention& Visitors Bureau to a new organizational structure 5. Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY2021 6. Ordinances re City Appointee Compensation for FY2020-21: a. Acting City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as West Canal located at the rear of 2300 Windward Shore Drive re construct and maintain an existing wharf, boat lift and bulkhead 8. Ordinance to AUTHORIZE temporary encroachments into City-owned Easement over Baylake Beach located at the rear of 4304 Sandy Bay Drive re construct and maintain a beach access walkway with stairs July 7, 2020 36 AGENDA REVIEW SESSION ITEM#70454 (Continued) 9. Ordinance to APPROPRIATE$168,700 of Fund Balance from the Police Federal&State Seized Assets Special Revenue Fund to the FY2020-21 Police Operating Budget re equipment and training • 10. Ordinance to ACCEPT and APPROPRIATE$39,258,497 from the United States Department of Treasury through the CARES Act re Coronavirus relief I. ORDINANCES/RESOLUTIONS: ITEM#la WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WILSON WILL VOTE VERBAL NAY ON ITEM#1 c VICE MAYOR WOOD WILL VOTE VERBAL NAY ON ITEM#1 c COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#4 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#5 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#6a/b/d ITEM#10 WILL BE CONSIDERED SEPARATELY July 7, 2020 37 AGENDA REVIEW SESSION ITEM#70454 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE 2. BQ VENTURES,LLCfor Conditional Use Permits re short term rentals at 406 23rd Street, Units Al, Bl, &B2 DISTRICT 6—BEACH 3. JOSETTA DANNER for a Conditional Use Permit re short term rental at 518 14th Street DISTRICT 6—BEACH 4. KATHLEEN PAIGE SIMMONS& GRANT SIMMONS for a Conditional Use Permit re short term rental at 3608 Dupont Circle DISTRICT 4—BAYSIDE 5. CREEKSIDE GETAWAY,LLC/DAISY JADE for a Conditional Use Permit re short term rental at 3214 Creekside Drive DISTRICT 3—ROSE HALL 6. CHRISTOPHER J. MASSARO/CHRISTOPHER J. MASSARO REVOCABLE TRUST for a Conditional Use Permit re short term rental at 209 55th Street DISTRICT S—LYNNHAVEN 7. NICK TREBON for a Conditional Use Permit re short term rental at 421 21 'h Street, Unit D DISTRICT 6—BEACH J.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#2, #6 and#7 COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ITEMS#2, #6 and#7 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEMS#2, #6 and#7 July 7, 2020 38 ITEM#70455 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body • Donald L. Benton v. William James Bauer, et al. • Latasha Holloway and Georgia Allen v. City of Virginia Beach PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees July 7, 2020 39 ITEM#70455 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council voted to proceed into CLOSED SESSION at 4:17 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Closed Session 4:17 P.M. —5:50 P.M. July 7, 2020 40 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL JULY 7,2020 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,July 7, 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, 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 34th 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 identes 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. July 7, 2020 41 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If,during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. July 7, 2020 42 ITEM— VII-E CERTIFICATION ITEM#70456 Upon motion by Council Member Wilson,seconded by Council Member Abbott, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 7, 2020 0N,,,.B C - r Jam. t 4 J 0 5 op OUR ,... RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#70455 Page 39 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Iiill, A da Ba I es, MMC City Clerk July 7, 2020 43 ITEM— VILF MINUTES ITEM#70457 Upon motion by Council Member Wilson,seconded by Council Member Abbott, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of June 16, 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 July 7, 2020 44 ITEM— VILF MINUTES ITEM#70458 Upon motion by Council Member Wilson, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of June 16, 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 July 7, 2020 45 ITEM— VII.F MINUTES ITEM#70459 Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of June 23, 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 July 7, 2020 46 ITEM— VILG. PUBLIC HEARING ITEM#70460 Mayor Dyer DECLARED a PUBLIC HEARING: GRANT OF EASEMENT OVER CITY-OWNED PROPERTY 3,500±sq.ft. of gas pipeline easement to Columbia Gas of Virginia, Inc. (Lake Gaston Pipeline adjacent to Wyatts Mill Road, Greensville County, Virginia) The following registered to speak: Duan Hobbs, (Columbia Gas of Virginia) 1809 Coyote Drive, Chester, VA, Phone: 804-239-8186, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING July 7, 2020 47 ITEM— VILH. FORMAL SESSION AGENDA ITEM#70461 Mayor Dyer read the Speaker Policy and advised for items where only one (1)speaker is registered, the City Clerk will call the speaker and they will be given three(3) minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:I: 1 b/c, 2, 3, 4, 5, 6a/b/c/d/e, 7, 8, and 9 and J:2, 6, and 7 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions I:lb/c,2,3,4, 5, 6a/b/c/d/e, 7, 8,and 9 and Planning Items J:2, 6, and 7 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 I. ORDINANCES/RESOLUTIONS: ITEM#la WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER WILSON WILL VOTE VERBAL NAY ON ITEM#1 c VICE MAYOR WOOD WILL VOTE VERBAL NAY ON ITEM#1 c COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#4 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#5 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#6a/b/d ITEM#10 WILL BE CONSIDERED SEPARATELY J.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#2, #6 and#7 COUNCIL MEMBER JONES WILL VOTE VERBAL NAY ON ITEMS#2, #6 and#7 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEMS#2, #6 and#7 July 7, 2020 48 ITEM— VILla ORDINANCES/RESOLUTIONS ITEM#70462 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION After City Council discussion, Vice Mayor Wood made a motion, seconded by Council Member Wilson, to ADOPT Ordinance to AMEND City Code Section: a. 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses (Deferred from June 16, 2020)—Requested by Sher Stolle Council Member Abbott then made a SUBSTITUTE MOTION, seconded by Council Member Rouse, to DEFER, Ordinance to AMEND City Code Section: a. 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses(Deferred from June 16, 2020)—Requested by Sheriff Stolle Voting: 5-6(MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Jessica P. Abbott, John D. Moss, Aaron R. Rouse, Guy K. Tower, and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: None July 7, 2020 49 ITEM— VII.l a ORDINANCES/RESOLUTIONS ITEM#70462 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Ordinance to AMEND City Code Section: a. 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses (Deferred from June 16, 2020)—Requested by Sheriff Stolle Voting: 7-4 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott, John D. Moss, Aaron R. Rouse and Sabrina D. Wooten Council Members Absent: None July 7, 2020 REQUESTED BY SHERIFF STOLLE 1 AN ORDINANCE TO AMEND SECTION 1-12.2 2 OF THE CITY CODE PERTAINING TO 3 INCREASE THE COURTHOUSE SECURITY 4 FEE 5 6 SECTION AMENDED: § 1-12.2 7 8 WHEREAS, the General Assembly has increased the maximum amount of fee that 9 may be imposed upon a defendant convicted of a criminal or traffic offense for purposes 10 of courthouse security; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 1. That Section 1-12.2 of the Code of the City of Virginia Beach, Virginia, is hereby 16 amended and reordained to read as follows: 17 18 Section 1-12.2. —Assessment of court costs for the cost of persons admitted to jail 19 following conviction and costs of courthouse security 20 21 .... 22 23 (b) (1) In addition to any other fees prescribed by law, a fee of ten twenty dollars 24 ($10.0020.00) is hereby imposed in each criminal and traffic case in which the 25 defendant is convicted of a violation of any statute or ordinance. The clerks of the 26 district and circuit courts shall charge and collect this assessment as a part of the 27 fees taxed as costs. 28 29 (2)After collection by the clerk of the court in which case is heard, the assessment 30 shall be remitted to the city treasurer and held subject to appropriation by the city 31 council to the sheriff's office for funding courthouse security personnel. 32 33 2. This ordinance shall be effective August 1, 2020. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of July , 2020. APPROVED AS TO LEGAL SUFFICIENCY: ity rney's O ice CA15087 R-2 June 18, 2020 50 ITEM— VII.l b ORDINANCES/RESOLUTIONS ITEM#70463 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: b. 2-129 re employee grievances 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 July 7, 2020 1 AN ORDINANCE TO AMEND SECTION 2-129 OF THE CITY 2 CODE PERTAINING TO EMPLOYEE GRIEVANCES 3 4 SECTIONS ADDED: § 2-129 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That Section 2-129 of the Code of the City of Virginia Beach, Virginia, is hereby 10 amended and ordained to read as follows: 11 12 Sec. 2-129. - "Grievance" defined; determination of grievability. 13 14 (a) A "grievance" shall be defined as a complaint or dispute by an employee relating to 15 his or her employment, including, but not necessarily limited to, the following, and 16 excluding matters listed in subsection (b) below and in section 2-139: 17 (1) Disciplinary actions, including, but not limited to, dismissals, demotions and 18 suspensions; 19 (2) The application of personnel policies, procedures, rules and regulations, 20 including the application of policies, procedures, rules or regulations involving 21 matters referred to in subsection (b)(3) below, where it can be shown that a 22 particular policy, procedure, rule or regulation was misinterpreted or applied 23 inconsistently and that such misinterpretation or inconsistent application affected 24 the employee filing the complaint; 25 (3) Discrimination on the basis of race, color, creed, religion, political affiliation, age, 26 disability, national origin, e-r—sex, marital status, pregnancy, childbirth or related 27 medical conditions, sexual orientation, gender identity, or status as a veteran; 28 and 29 (4) Acts of retaliation because the employee has (i) used or otherwise participated in 30 the grievance procedure; (ii) complied with any law of the United States or the 31 Commonwealth of Virginia; (iii) reported any violation of law to a governmental 32 authority; (iv) sought any change in law before the Congress of the United States 33 or the General Assembly; or (v) reported an incidence of fraud, abuse or gross 34 mismanagement. 35 (b) Management retains the exclusive right to manage the affairs and operations of city 36 government. Accordingly, the following complaints are not grievable: 37 (1) The establishment and revision of wages or salaries, position classifications or 38 general benefits; 39 (2) Work activity that (i) is accepted by the employee as a condition of employment; 40 (ii) is part of the job description; or (iii) may be reasonably expected to be a part 41 of the job content; 42 (3) The contents of ordinances, statutes or established personnel policies, 43 procedures, rules and regulations; 44 (4) Failure to promote, except where the employee can show that established 45 promotional policies or procedures were not followed or applied fairly; 46 (5) The methods, means and personnel by which work activities are to be carried on; 47 (6) Termination, layoff, demotion or suspension from duty because of lack of work, 48 reduction in work force or job abolition, except where such action affects an 49 employee who has been reinstated within the previous six (6) months as a result 50 of the final determination of a grievance. Such action shall be upheld upon a 51 showing that: (i) there was a valid business reason for the action and (ii) the 52 employee was notified of such reason in writing prior to the effective date of the 53 action; 54 (7) Administrative termination as defined in section 2-114(f); 55 (8) A non-disciplinary oral counseling; provided the oral counseling has not been 56 reduced to writing and included in the employee's official personnel file 57 maintained by the department of human resources; 58 (9) The measurement and assessment of work activity through a performance 59 feedback/evaluation; except where the employee can show that the 60 feedback/evaluation was arbitrary or capricious; 61 (10) The hiring, promotion, transfer, assignment, and retention of employees within 62 the city; 63 (11) The relief of employees from their duties in the case of an emergency; and 64 (12) Management's rights as outlined in section 2-139. 65 (c) If there is a question of grievability, either the grievant or management must contact 66 the director of human resources immediately, in writing, to request a determination of 67 grievability. The question of grievability may only be raised after the grievance has 68 been placed in writing (step 2) but before a personnel board hearing has been 69 convened. A decision regarding whether or not a matter is grievable shall be made 70 by the city manager or the director of human resources within ten (10) consecutive 71 calendar days of receipt of the request in writing. The decision of the city manager or 72 the director of human resources as to grievability may be appealed to the circuit court 73 pursuant to section 15.2-1507(9) of the Code of Virginia, as amended, for a hearing 74 by filing a notice of appeal with the director of human resources within ten (10) 75 consecutive calendar days of the grievant's receipt of the decision. Within ten (10) 76 consecutive calendar days of the filing of the notice of appeal, the city shall transmit 77 to the clerk of the court and the grievant a copy of the decision, a copy of the notice 78 of appeal and the exhibits. A list of any evidence furnished to the court shall also be 79 furnished to the grievant. Failure of the city to transmit the record to the circuit court 80 will not prejudice the grievant's right of appeal. Within thirty (30) calendar days of 81 receipt of such records by the clerk, the circuit court, sitting without a jury, will hear 82 the appeal on the record transmitted and the circuit court may accept additional 83 evidence as may be needed to resolve any controversy as to the correctness of the 84 record. The circuit court, in its discretion, may receive such other evidence as the 85 ends of justice require. The court may affirm, reverse, or modify the decision of the 86 city. The decision of the court, which will be rendered no later than fifteen (15) 87 calendar days from the date of conclusion of the hearing, is final and not appealable. 88 89 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 90 VIRGINIA BEACH, VIRGINIA: 91 92 That the effective date of this ordinance shall be July 1, 2020. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of July , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Human Resources City Attorney's Office CA1 5079 R-1 June 2, 2020 51 ITEM— VII.l c ORDINANCES/RESOLUTIONS ITEM#70464 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: c. 7-58.1 and 7-59.1 re allow operation of motorized scooters in the Resort Area and on the trolley lanes of Atlantic Avenue Voting: 9-2 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, and Sabrina D. Wooten Council Members Voting Nay: Rosemary Wilson Vice Mayor James L. Wood Council Members Absent: None July 7, 2020 1 AN ORDINANCE TO AMEND SECTIONS 7-58.1 AND 7- 2 59.1 OF THE CITY CODE TO ALLOW THE OPERATION OF 3 MOTORIZED SCOOTERS IN THE RESORT AREA AND ON 4 THE TROLLEY LANES OF ATLANTIC AVENUE 5 6 Sections Amended: 7-58.1 and 7-59.1 7 8 WHEREAS, in August, 2019, the City Council adopted an ordinance to remove 9 scooters from the Resort Area of the City, and that action removed an earlier 10 authorization to utilize the trolley lanes of Atlantic Avenue; 11 12 WHEREAS, in November, 2019, the City Council adopted an ordinance requiring 13 a franchise for companies that offer scooters for hire in City rights-of-way to obtain a 14 franchise from the City to operate; 15 16 WHEREAS, the City Council approved four scooter franchises, and the execution 17 of such agreements was held until the Governor moved to Phase 3 of Forward Virginia; 18 19 WHEREAS, to allow the scooters to operate on the trolley lanes of Atlantic 20 Avenue, an ordinance is required to provide such authorization; 21 22 WHEREAS, the exceptions to Resort Area restriction on scooters requires 23 amendment to include operator-owned scooters and scooters rented from fixed 24 business locations. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 29 Sections 7-58.1 and 7-59.1 of the City Code of the City of Virginia Beach is 30 hereby amended and reordained to read as follows: 31 32 Sec. 7-58.1. — Motorized scooters. 33 34 (a) In addition to all other regulations set forth by this article, it shall be 35 unlawful for any person to operate a motorized scooter in the area 36 bounded by the east side of Arctic Avenue on the west, the Atlantic 37 Ocean on the east, Rudee Loop to the south, and the north side of 42nd 38 Street to the north, unless the motorized scooters is rented from a fixed 39 business location or owned by its operator or a licensee as set forth in 40 section 7-58.2. 41 42 .... 43 44 Sec. 7-59.1. - Regulations pertaining to riding wheeled devices or vehicles in the 45 resort area. 46 47 (a) During the resort season, it shall be unlawful for any person to ride an 48 electric personal assistive mobility device, electric power-assisted 49 bicycle, moped, or motorized skateboard on Atlantic Avenue. 50 51 (b) Notwithstanding the prior subsection motorized scooters may be 52 operated on the trolley lanes of Atlantic Ave if riders adhere to the 10 mph 53 speed limit. 54 55 j(b) It shall be unlawful at any time for any person to ride on any sidewalk 56 in the resort area an all-terrain vehicle, a bicycle, electric power-assisted 57 bicycle,electric personal assistive mobility device, motorized skateboard, 58 skateboard, scooter, or any pedal-powered vehicle that is muscle- 59 powered or any muscle-powered device. However, the use of roller 60 blades and roller skates is permitted. A violation of this sub-section shall 61 be punished by a civil penalty of not more than fifty dollars ($50.00). 62 63 (-el It shall be unlawful at any time to operate an electric powered utility 64 cart on Atlantic Avenue or upon the sidewalks along Atlantic Avenue,. 65 unless a permit is issued by the city manager, or designee. to do so. An 66 electric powered utility cart may be operated on any sidewalk in the resort 67 area other than Atlantic Avenue and may cross Atlantic Avenue for the 68 purpose of accessing the boardwalk or beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of July , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office o y's Office CA15101 R-2 June 26, 2020 52 ITEM— VIL2 ORDINANCES/RESOLUTIONS ITEM#70465 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, AS REVISED, BY CONSENT, Resolution to DIRECT the City Purchasing Agent to include a Virginia Human Rights Act Provision in all City contracts (Requested by Council Member 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 July 7, 2020 REQUESTED BY COUNCILMEMBER BERLUCCHI 1 A RESOLUTION TO DIRECT THE CITY PURCHASING 2 AGENT INCLUDE A VIRGINIA HUMAN RIGHTS ACT 3 PROVISION IN ALL CITY CONTRACTS 4 5 WHEREAS, the City Council is committed to inclusive procurement practices that 6 allow diverse businesses to participate in City contracting; 7 8 WHEREAS, the City Council recently adopted the ordinances required to 9 implement all of the recommendations of the City's first disparity study, and the City 10 Council funded these priorities in the FY2020-21 Operating Budget; 11 12 WHEREAS, the City Council desires to further state its intention to support 13 inclusive purchasing practices by directing the City Purchasing Agent to include a 14 provision in all City contracts that requires City vendors comply with the Virginia Human 15 Rights Act; 16 17 WHEREAS, as recently amended by the General Assembly, the Virginia Human 18 Rights Act includes protections against discrimination on the basis of race, color, 19 religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or 20 related medical condition including lactation, age, status as a veteran, or national origin. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Purchasing Agent shall include a provision in all City contracts that 26 requires City vendors and contractors comply with the Virginia Human Rights Act, as 27 amended. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of July , 2020. APPROVED AS TO LEGAL SUFFICIENCY: r ey's Office CA15103 R-4 July 6, 2020 53 ITEM— VIL3 ORDINANCES/RESOLUTIONS ITEM#70466 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a gas pipeline easement across a portion of the City's Lake Gaston Pipeline property located in Greenville County, Virginia to Columbia Gas of Virginia, Inc. and DECLARE such easement to be in EXCESS of City's needs Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None July 7, 2020 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE GRANTING A 20'- 4 WIDE (3,501 SQ. FT.) GAS PIPELINE EASEMENT 5 ACROSS A PORTION OF THE CITY'S LAKE GASTON 6 PIPELINE PROPERTY LOCATED IN GREENSVILLE 7 COUNTY, VIRGINIA TO COLUMBIA GAS OF VIRGINIA, 8 INC. AND DECLARING SUCH EASEMENT TO BE IN 9 EXCESS OF THE CITY'S NEEDS 10 11 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 12 Pipeline, which extends from Brunswick County to Isle of Wight County(the"Pipeline"), and 13 provides raw water from Lake Gaston to the City of Virginia Beach; 14 15 WHEREAS, a portion of the Pipeline lies within property the City owns at the 16 intersection of the Pipeline right-of-way with Wyatts Mill Road (State Route 608) in 17 Greensville County, Virginia (the "Property"); 18 19 WHEREAS, Columbia Gas of Virginia, Inc. ("Columbia Gas") has requested 20 that the City grant it a 20'-wide easement (the "Easement") across a portion of the Property 21 consisting of 3,501 sq. ft. +/- (0.0804 acres), in the location shown on the plat attached 22 hereto as Exhibit A and made a part hereof, for the purpose of installing and maintaining an 23 8" buried gas pipeline that will serve the Greensville Correctional Center; and 24 25 WHEREAS, Public Utilities has advised that granting the Easement will not 26 interfere with the City's operation of the Pipeline. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 That the Easement is hereby declared to be in excess of the City's needs, 32 and the City Manager is hereby authorized to execute the necessary documents to grant 33 the Easement as shown on the plat attached hereto as Exhibit A and made a part hereof; 34 and 35 36 That the documents granting the Easement shall be consistent with the 37 Summary of Terms attached hereto as Exhibit B and made a part hereof, with such other 38 terms, conditions or modifications as may be acceptable to the City Manager and in a form 39 deemed satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th 42 day of July , 2020. 43 44 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF 45 ALL COUNCIL MEMBERS ELECTED TO COUNCIL i CA14682 R-1 PREPARED: 6/9/20 \\vbgov.com\dfs l lappli cations\citylaw\cycom32\wpdocs\d0151p035\00645311.do c APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: I _ PUBLIC WORKS, REAL ESTATE CITY A ORNEY APPROVED AS TO CONTENT: 2 PUBLIC UTILITIE NGINEERING 2 91-II-ISA 0000/00/90 0-900-130-9 1 _I _pV,a.Y3 N m ozoz/fr/so ` � 1906-1S1-109:T.V1.0 E o 'O'd 0005909 i� GM-1MT VA 30/S3L0 4l'd VINOBN 9711 ON.,, $LNY1711SMXI OYON O3VOWY1153N CM � / 377NSN33`J '�=.1 or rn 741SV00 6lOL/LZ/IX1 7'd YtNrlr6Nxi 1Y15VW �3 o, 31Yx u N pre10 nr9 _ 0 f' o AVMOJION JNI'Y/NOlM!O SYO VIBIY070O LI. �ti 7 4J v AO HOY39 IOdkl !O AID 3NL/YON3 q _i OL[r-6CI1dr-O30i-I9I Worm NJ O]dlOOOV 38 al 1N3M35Y3 ONMIOHS 1Y7dll1 � ' •�D e ,341,1 ao-sccWCo-9r 'ONI "VINIO2M JO SVO vovn700 ,,,,r... ) o Wynn.o. n ,051 ,001 ,OS .0 t �� YNONN'110Y30 MOW,3O AIO S9NON O11OIM 10 N0103Nq n 7 0 _ f�(�' ��17 / irtlii 31Y0 Q3109447J".�IMF"M gi It. 'TlMA II ltal 3 y. J7.7 /��j .w f 01803'A And Sail/'te CBI n MIME iOY S/S3Y3IM O1'B7d 10110 MO S001135V3 0Yr-A-11E�2I �/ anM'u OAOS03 3YId S10 AO MIO6 53l1 Q 40 HI. 4340 40 a awns AY*013309 314 JO SS31/0 6200 3Ni 01 SW AdLLY30 10N 00 030670747 319 11400ddV AO. - n 1 SINN0M'SV3N u 0108 ow 00003N 30 S'0330 5107.1 SlpWYA Atl O3SY9 Si MILL Y1001'Y AYN-JO-1N019 OW 31,01 A l 41d. maws 39 1 Y 0N AVM M3tl1N 3M Arm AY 0 1VN1 SAO/10411134 O9V SL3a13SV3 71Y 51N3N31Oad111 8 iv0sANd 1016 10N 5300 O.1Mk13r 30Y Y 30 ThS079 314 1110N4YI O3YYG3Yd SA II 1YH SNL. .9L1 - 7/0 �Y i090'O OlY1 A s NOS3A6 Y 311u9SNO0 1001 5300 ONY A9Q S3A040N A0116Y100Y MOI 03O131M Si 1Y1d 530. 46:° 'WV1099 2f1000091 3-1 ,� ,� 1N3W3SY3 3IVI73dId On 11,41 ONV am 133,A34411/6 SA M 035S331.03 JOY MON 53rnA 8 SVD 301M .Ol 1YO AarNs 31 r3wa0 YAY 00 NN)f!0✓ro91 OWN 7NOZ M005 � ',3��.D— 3/N ''MIMS 311NOM000 3NYld 31Y1S VAV041A 3O 2 N `�L O Q3SY9 Sl 11,1d SBl1 JO 301IIY19 1111000O9 Milo .. Na` .10U— O I-(Z,1r.4,N O - / O fv� u�"1 $ ,�,. /.CC,LRI9 N L �F`6 i •o 0', 7 .1. l33WM Akld6 3131YI ,(YZ MOW 3MY7 �.00.1s13 N S531100Y N 80N f9r Dd ILL434 8'0 9-1I 31'1 NOV38 maw 41. 10'9L 30 ALO 311L 7 3.f'l,l.e.S I-r211Z9 N O9I000p10 7I1 al10000LL Ni ZI-II MI On Ma ✓N 40139 00, 3LON 335 TW_ i\/ X W .saRclel EXHIBIT "B" SUMMARY OF TERMS GRANTOR: City of Virginia Beach GRANTEE: Columbia Gas of Virginia, Inc. EASEMENT: 20'-wide gas pipeline easement, consisting of 3,501 sq. ft., or 0.0804 acres, more or less, crossing the City's right-of-way housing the City's Lake Gaston Raw Water Pipeline and lying adjacent to the western right-of-way line of Wyatts Mill Road (State Route 608) in Greensville County, Virginia (the "Easement") CONSIDERATION: No consideration will be required CONDITIONS OF SALE: • The Grantor shall have the right but not the obligation to repair or remove the Grantee's facilities in the Easement in the event of an emergency, public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. • The Grantee shall indemnify, hold harmless and defend the City and its agents and employees from all claims, damages, losses and expenses in case it shall be necessary to file or defend an action arising out of the Grantee's use of the easement. • No construction or maintenance of facilities, other than those specified in the Deed of Easement will be permitted. • Grantee must notify the City within at least 48-hours of construction within the right-of-way to arrange for a City representative to be on-site to oversee the construction. • If any utility conflicts are determined between the Easement and the City's use of the existing water line, work shall not commence until the City's Public Utilities Department approves all construction plan revisions. • Grantee may not charge Grantor any fees or costs for future requests to encroach into to the Easement, if any, and shall review all such requests promptly. ��4,v41A BEitc L O4 -: 4t. - City of Virginia Leach z S OF OUR NAT0 VBgov.com JOHN MOSS July 7, 2020 PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSS @ VBGOVCOM In Reply Refer to: CA 14658 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's consideration and vote on an ordinance to authorize a gas pipeline easement across a portion of the City's Lake Gaston Pipeline property in Greenville County, Virginia to Columbia Gas of Virginia, Inc. and declare such easement to be in excess of the City's needs. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. Because I am uncertain whether Dominion is an affiliate of,or is otherwise connected to,Columbia Gas of Virginia, Inc., I have chosen to abstain. 3. I hereby disclose this interest, and I am abstaining from participation in the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Pi eil John P 1Moss j;Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 54 ITEM— VII.4 ORDINANCES/RESOLUTIONS ITEM#70467 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, AS AMENDED, BY CONSENT, Resolution to ESTABLISH a Community Task Force re evaluate transitioning the Convention & Visitors Bureau to a new organizational structure Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None July 7, 2020 REVISED VERSION REQUESTED BY COUNCILMEMBER ROUSE 1 A RESOLUTION ESTABLISHING A CVB COMMUNITY 2 TASK FORCE TO EVALUATE TRANSITIONING THE 3 CONVENTION & VISITORS BUREAU TO A NEW 4 ORGANIZATIONAL STRUCTURE 5 6 WHEREAS, at the City Council's retreat in February 2020, the City's consultant, 7 Bill Hanbury with Academy Street Collaboration, presented initial findings of his analysis 8 and recommendations for management of the Convention & Visitors Bureau ("CVB"); 9 10 WHEREAS, the consultant recommended the establishment of a Community Task 11 Force to evaluate transitioning the CVB to a new organizational structure with three 12 distinct alternatives: 13 14 1. Remain within the City government; 15 2. Hybrid public-private foundation or authority; or 16 3. Public-private nonprofit; and 17 18 WHEREAS, the City Council believes it would be helpful to receive 19 recommendations from a task force composed of subject-matter experts and 20 stakeholders as well as citizen representatives. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. That the City Council hereby establishes the CVB Community Task Force. 26 27 2. That the task force shall serve in an advisory capacity to the City Council, 28 and the City Council shall appoint its members. 29 30 3. That the task force shall consist of: 31 • Two City Council members; 32 • A Resort Advisory Commission representative; 33 • Two Virginia Beach Hotel Association representatives; 34 • A Restaurant Association representative; 35 • A Central Business District Association representative; 36 • Two persons with sports marketing experience; 37 • Three business representatives from other industry sectors; and 38 • Three citizens from across the City. 39 40 4. That the goal of the task force shall be to evaluate the three potential 41 alternative new organizational structures listed above and make recommendations to the 42 City Council on the best path forward, provide input on the qualities sought in a new CVB 43 director or Chief Executive Officer; and perform any additional duties assigned to the 44 Task Force by the City Council. 45 46 5. That the task force shall report back to the City Council with its 47 recommendation on a new organizational structure no later than the last City Council 48 meeting in October. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day of July , 2020. APPROVED AS TO LEGAL SUFFICIENCY: rarit/), City Attorney's Office CA15104 R-4 July 7, 2020 55 ITEM— VIL5 ORDINANCES/RESOLUTIONS ITEM#70468 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY2021 Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None July 7, 2020 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2021 8 9 WHEREAS, the Office of the City Attorney has, fora number of years, provided legal 10 services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; and 12 13 WHEREAS, City Council agrees that it is in the best interests of the City and the 14 School Board for the Office of the City Attorney to continue to provide legal services to the 15 School Board pursuant to the revised Cooperative Agreement for FY 2021 . 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the City Council hereby approves the Cooperative Agreement for FY 21 2021, a copy of which is attached hereto. 22 23 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 24 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of July , 2020. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney Mark D. Stiles CA15100 R-1 June 24, 2020 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2021 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter")provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City,and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution,the City Charter,and provisions of general law,and is a body corporate vested with all of the powers and duties of local school boards conferred by law,including the right to contract and be contracted with,to sue and be sued,and to purchase,take,hold,lease,and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers,expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that,in such cases,the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present,and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board,to provide for the delivery Page 2of7 of designated legal services to the School Board,and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW,THEREFORE,the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of three and one half(3 %) attorney positions,one(1)paralegal position,and one(1)office assistant during FY2021. The services to be provided as follows: A The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time to the provision of legal services to the School Board and School Administration. For the term of this Agreement,those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall-Mc Ivor, Associate City Attorney,and Matthew It.Simmons,Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Paralegal on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office,based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, litigation, and Page 3 of 7 other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally,if a majority of the Members of the School Board expausses dissatisfaction with the legal services provided by the assigned attorney,or by any other attorney providing services to the School Board,the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore,if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board,the City Attorney will use his best efforts to make such an assignment(s)as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement,the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised,on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Page 4 of 7 Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and,upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters, that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration,and shall assist the School Board and School Administration in the management of the School Board's legal matters;and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney,and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally,the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but,to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar,will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement,and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of$644,777.40 from its FY 2021 Operating Budget to the FY 2021 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of three and one half(3.5) attorneys, one (1) Paralegal, and one (1) Office Assistant. IDT requests of 50%of the total shall be made by the City and funds transferred by the School Board on or about July first and January first. 8. Term and Termination of Agreement. This Cooperative Agreement 'hall commence with the fiscal year of the parties which begins July 1,2020 and ends June 30,2021, and may be revised,as necessary,and renewed each fiscal year thereafter,provided,however,that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty(120)days of the date of expiration of this Agreement,or any renewal hereof; in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: eakatk'Neff' CarolkrjRye,Ctir School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach,Virginia on June 23 .2020. By: L-c- +t. School Board Clerk CTTY COUNCIL OF THE CITY OF VIRGINIA BEACH By. Robert Dyer,Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach,Virginia on ,2020. By: City Clerk Page 7 of 7 56 ITEM— VII.6a ORDINANCES/RESOLUTIONS ITEM#70469 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinances re City Appointee Compensation for FY2020-21: a. Acting City Manager Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None July 7, 2020 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE ACTING CITY 3 MANAGER 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 NOW. THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the current base annual salary of the Acting City Manager is and shall remain 13 at $196,081.60. and during the remaining term of his Acting capacity, his salary shall 14 continue to be increased by 10%. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July 2020. APPROVED AS TO LEGAL SUFFICIENCY: c74'1,W Roderick R. Ingram City Attorney's Office CA15078 R-1 June 5. 2020 57 ITEM— VIL 6b ORDINANCES/RESOLUTIONS ITEM#70470 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinances re City Appointee Compensation for FY2020-21: b. City Attorney Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None July 7, 2020 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the current base annual salary of the City Attorney is and shall remain at 12 $234,273.00, the City's contribution to his deferred compensation plan is and shall remain 13 at $10,000 annually, and his car allowance is and shall remain at $10,000 annually. 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2020. APPROVED AS TO LEGAL SUFFICIENCY: or‘1,4W Roderick R. Ingram City Attorney's Office CA 15074 R-1 June 5, 2020 58 ITEM— VIL6c ORDINANCES/RESOLUTIONS ITEM#70471 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinances re City Appointee Compensation for FY2020-21: c. City Clerk 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 July 7, 2020 58 ITEM— VII.6c ORDINANCES/RESOLUTIONS ITEM#70471 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinances re City Appointee Compensation for FY2020-21: c. City Clerk 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 July 7, 2020 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the current base annual salary of the City Clerk is and shall remain at 12 $105,060.28, and the City's contribution to her deferred compensation account is and 13 shall remain at $6,000 annually. 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day of July , 2020. APPROVED AS TO LEGAL SUFFICIENCY: :::71/4eezti Roderick R. Ingram City Attorney's Office CA15075 R-1 June 5, 2020 59 ITEM— VII.6d ORDINANCES/RESOLUTIONS ITEM#70472 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinances re City Appointee Compensation for FY2020-21: d. City Real Estate Assessor Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None July 7, 2020 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the current base annual salary of the City Real Estate Assessor is and shall 13 remain at $152,339.20, and the City's contribution to his deferred compensation plan is 14 and shall remain at $6,000 annually. 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2020. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA 15077 R-2 June 8, 2020 60 ITEM— VII.6e ORDINANCES/RESOLUTIONS ITEM#70473 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinances re City Appointee Compensation for FY2020-21: e. City Auditor 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 July 7, 2020 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2.89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the current base annual salary of the City Auditor is and shall remain at 12 $134,208.88, and his car allowance is and shall remain at $6,000 annually. 13 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th _ day of July , 2020. APPROVED AS TO LEGAL SUFFICIENCY: r/, ;4 City Attorney's Office CA15076 R-1 June 5, 2020 61 ITEM— VII.7 ORDINANCES/RESOLUTIONS ITEM#70474 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as West Canal located at the rear of 2300 Windward Shore Drive re construct and maintain an existing wharf, boat lift and bulkhead 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 July 7, 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 WEST 7 CANAL LOCATED AT THE REAR OF 8 2300 WINDWARD SHORE DRIVE 9 10 WHEREAS, Henry R. Yancey, Jr. and Sharon L. Yancey (the "Yanceys") 11 have requested permission to construct and maintain an existing wharf, a 49.3' x 19.7' boat 12 lift and bulkhead (collectively, the Temporary Encroachment") adjacent to their property 13 located at 2300 Windward Shore Drive (GPIN: 2409-09-3080). The Temporary 14 Encroachment extends into the City's property known as West Canal; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Henry R. Yancey, Jr. and 25 Sharon L. Yancey, their heirs, assigns and successors in title are authorized to construct 26 and maintain an existing wharf, a 49.3' x 19.7' boat lift and bulkhead in the City's property 27 know as West Canal as shown on the exhibit entitled: "EXHIBIT 'A' ENCROACHMENT 28 REQUEST FOR A PROPOSED BOAT LIFT AND EXISTING PIER AND WHARF LOT 49, 29 SECTION 1, BAY ISLAND FOR HENRY R. AND SHARON L. YANCEY, JR.," dated 30 November 1 , 2018 and revised through January 13, 2020, prepared by Waterfront 31 Consulting Inc., a copy of which is attached hereto as Exhibit "A" and on file in the 32 Department of Public Works, to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the City 36 of Virginia Beach and the Yanceys (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded, after execution, among 38 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as the Yanceys and the City Manager or his authorized designee execute the 44 Agreement. i 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h 47 day of July , 2020. CA14855 PREPARED: 3/4/2020 -1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p037\00626373.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE - DAN . SENT R CITY A I RNEY 2 50 tn T WEST CANAL N/FOWARREN a -FLOOD GPIN:2409-09-3108 Lri EBB !NST:20070301000281050 N/F CITY OF VIRGINIA BEACH _Y. N 87.3596" E 78.35' -PIPE(F) w MANMADE CANALS IN BAY / - a 4-4;4. cno ISLAND `I' �i'I�O' �:�' 4RUFFER RESTORATION 49.3' y`� ,�� 1�2 #44404f$4.0 AREA (HATCHED) n v �' �gate#4I�.#;."44 .-t LOT 49 _r' } 53. - •'��:�.�y i�A,_ z+d'SA c3 of GPIN:2409-09-3080 mco __ . . _ ,.�`,I�i, 1F4 p,410w4� Q ii INST:20181101000902140 K Cn PROPOSED a t: Ifay>!,�hN��yj �I ;;± a , C� BOAT LIFTS EX 001.► .4� '` • ..:. .; .. ; f- • u' 0 WHARF AND ;4Iw :.,o , . ': ., ..; . .GONG.• v C7 PIN(F), BULKHEAD �`�Ii`��1' `•y: w m LLI • i �;-o 4 > W1 0 EX. BLOCK y,,, ALL MATERIALS TO BE w Z WALLS Y trn ;:f DELIVERED AND Lu "s can INSTALLED VIA BARGE v 0 w i o VTII 0 . 1 sTY.BR' ' Y EE -' ` ''eP #2300 I LINE TABLE Q • �. C_\J tv Z z f•2. LINE BEARING LENGTH z o GREGORY 0 MIL' EAD .� L1 N 83°02'35" E 52.84' 0 'i 2 o Oy r Lic. No. 047323 ;:�' L2 N 73°51'03" E 43.65' z o I Z �' ,. MAR. 3, 2020 -o - JooO o- � � cti < L3 N 25°2 5'13" E { 28.83' D O � i p I � �C -6 (F)ZZ S EG { n Rlgp4.55 PIN a cfl v SIONAL O p -- d Nam! :-, _160.00 E50 RI" z o RV � Sp Li PIN(F) • ARO5D 3 NSO M.$ 4 w 1- 0 30' 60' 0 o EXHIBIT A 1 - 30© ENCROACHMENT REQUEST FOR A PROPOSED BOAT 1 WATERFRONT LIFT AND EXISTING PIER AND WHARF A CONSULTING LOT 49, SECTION 1, BAY ISLAND iii AZ INC. FOR 2589 QUALITY COURT, STE. 323 HENRY R. and SHARON L. YANCEY, JR. VIRGINIA BEACH, VA 23454 OFFICE/FAX: (757) 425-8244 DATED NOVEMBER 1, 2018 GPIN: 2409-09-3080 ENGINEERING SERVICES BY: 2300 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 CHESEAPEAKE BAY SITE DATE: JANUARY 13, 2020 SOLUTIONS, INC. 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 2 "° day of ry1411 , 20,0 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and HENRY R. YANCEY and SHARON L. YANCEY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Site Forty-Nine (49) on the plat of "SUBDIVISION OF BAY ISLAND, SECTION ONE PRINCESS ANNE CO., VA LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1' = 100', dated February, 1958, prepared by Frank A. Tarrall, Jr. & Associates, Surveyors & Engineers, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2300 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 49.3' x 19.7' Boat Lift, an existing wharf and bulkhead (collectively, the "Temporary Encroachment"). The Bulkhead is approximately 125.32 LF in length with a variable depth from 1.3' to 7.3'; and GPIN: Not assigned - West Canal in Bay Island - City of Virginia Beach Property 2409-09-3080 — 2300 Windward Shore Drive WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as West Canal in Bay Island (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 A PROPOSED BOAT LIFT AND EXISTING PIER AND WHARF LOT 49, SECTION 1, BAY ISLAND FOR HENRY R. and SHARON L. YANCEY, JR.," dated November 1, 2018 and revised through January 13, 2020, prepared by Waterfront Consulting 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. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attomey's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance 3 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, HENRY R. YANCEY, JR. and SHARON L. YANCEY, husband and wife, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 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 , 20 , 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 , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 HE RY R. Y C Y J ., Owner e RON L. Y Y, wne STATE OF \JViiuc CITY/COUNTY OF V'ic [, &A,,L , to-wit: (iflIt'L( The foregoing instrument was acknowledged before me this 2 day of , 20?--(), by Henry R. Yancey and Sharon L. Yancey. Nota ublic y.' o 'My' coBc4Ay E'ch i c • c,,, ?y•: FXp�kre a Notary Registration Number: 7 ( O C�i �;• ' :`es My Commission Expires: q1 3 G(Z- ```'y APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE c DA A A MEYER SENIO I RNEY 6 /I'laoi DATE PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 6 LOT 50 n WEST CANAL N/F WARREN d GPIN:2409-09-3108 a. +FLOOD16 �EBB--4'' INST:20070301000281050 * °' a N 87.35'?'" 78.35' -PIPE(F) N/F CITY OF VIRGINIA BEACH h � � i� MANMADE CANALS IN BAY '1!i!lei! .ISLAND � o v,ry`►6. j`�.�< < BUFFER RESTORATION i`' 49 3 �2 2 �N rf. I�► � AREA (HATCHED) 0 h ,- �� , �` it Li 0 � ti �► 14 Q4 LOT 49 �` '0 -, T 53' _ , .�4) R1 D EA.T©111 0 GPIN:2409-09-3080 IA ow-4- - - ,- , C} /, MCP r? INST:20181101000902140 (n I, PROPOSED ``^'x� � C!r'•' n �, BOAT LIFT B EX.Y �v ��' �I. .• • ..v-' ��. • ..; � f_ cn 'I►' WHARF AND „ V ,L .' : . .GONG. - o' PIN(F) ' BULKHEAD 'u jilit-t4 , A • m O •• ?dr. j`% O I� Sz.-0i�i• 4. 4 EX. BLOCK y,D'r^;, ALL MATERIALS TO BE w Z`; /, WALLS rn$, w ♦ i ,erg DELIVERED AND w4 :%`' can:%` INSTALLED VIA BARGE 6 02 A2AM %: W `D v/T 4' `. ,LTH 0 1 STY.BR. Yl�� #t2300 LINE TABLE Q 8 Z Z N. `,/ r-2• ` LINE BEARING LENGTH z o r �> GREGOR O'MIL' EAD 9 '- Li N 83°02'35" E 52.84' o o �� Lic. No. 047323 ;., L2 N 73°51'03" E 43.65' z - 1- o to ZO co o „op IAAR. 3, 2020 cv <, L3 N 25°25'13" E 28.83' m o � O : z rn tv Z ��ssl DNAL ��G1 cn1 R�g04.55' PIN(F) p 0 O i z 0 v 60.0o t,, E DRIVE (50‘ FUll) 0 PIN(F) . \NINO.).cc viuNRD M B�R, 37 w F- 0 30' 60' o mow ■�IIIIIIIIMI EXHIBIT A C•' 1"= 30' © ENCROACHMENT REQUEST FOR A PROPOSED BOAT '� ; WATERFRONT LIFT AND EXISTING PIER AND WHARF '; `` %� " CONSULTING LOT 49, SECTION 1, BAY ISLAND INC. FOR 2589 QUALITY COURT, STE. 323 HENRY R. and SHARON L. YANCEY, JR. VIRGINIA BEACH, VA 23454 OFFICE/FAX: (757)425-8244 DATED NOVEMBER 1, 2018 GPIN: 2409-09-3080 ENGINEERING SERVICES BY: 2300 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 CHESEAPEAKE BAY SITE DATE: JANUARY 13, 2020 SOLUTIONS, INC. w r LU LLJ ] Q 4. F LU 4+rA ..., (1) Z LL O r' 3 < O o i N rn stJ =.. aw � � � ,, 1 • Q p c? a ys'+ ,'` ` Z ~ O 2 `+ r ii.,:els;,:, OW0QQCpO zg�_� ' U O 5 Z O i) Q < U ,. J O cc b Z O O o etk r 1 LLJ M O 1:1 t, J — , _1111111::- ..1# •-- -L` ' ' .' '''''. '.-.. Sililli . —- :l COMPASS .1 ri, . ,.., ., _• • • . . _. • . • • ,. i .4_, ' ' -, iiiilL;'a- - . :,.40- , ._ -- .., , - . 11V- ,it iik b. ' '. -. .. c o wR� _ f r N 1- ., N , 7 (0 R \ :I ' ; • , „ CZ> „ . ' < '.-a) o t):)2. o 0 Eb a) w . U N a CD Q 2 m E� .ffi cl)J a 1>> _ N s-",,, /�/ _ SHORE DR � W� � E s a \ 1P ,,cSITE ,qT', Fc o, i --j i__ 2409-09-30801 f O D 4 cn \ cn � � z / LOCATION MAP 0-- - ENCROACHMENT REQUEST �o�� FO R '^5' �;' HENRY R. & SHARON L. YANCEY Legend 2300 WINDWARD SHORE DRIVE City Properties GPIN 2409-09-3080 iimmFeet cm 2409-09-3080 0 50 100 200 62 ITEM— VIL 8 ORDINANCES/RESOLUTIONS ITEM#70475 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into City-owned Easement over Baylake Beach located at the rear of 4304 Sandy Bay Drive re construct and maintain a beach access walkway with stairs 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 July 7, 2020 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A CITY-OWNED EASEMENT 6 OVER BAYLAKE BEACH LOCATED 7 AT THE REAR OF 4304 SANDY BAY 8 DRIVE 9 10 WHEREAS, Pat S. Feliciano and Donna J. Feliciano (the "Felicianos") have 11 requested permission to construct and maintain a 4'-wide beach access walkway with stairs 12 that extend approximately 5' past the seaward toe of the dune into the public beach (the 13 "Encroachment") adjacent to their property located at 4304 Sandy Bay Drive (GPIN: 1570- 14 91-5009). The Encroachment would extend into the City's easement over the property 15 known as Baylake Beach (GPIN: 1570-91-5219); 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, the Felicianos, their heirs, 26 assigns and successors in title are authorized to construct and maintain a 4'-wide beach 27 access walkway and stairs that extend approximately 5' past the seaward toe of the dune 28 into the City's easement over the public beach known as Baylake Beach as shown on the 29 map entitled: "EXHIBIT'A' PROPOSED ENCROACHMENT REQUEST FOR PAT S. AND 30 DONNA J. FELICIANO SITE ADDRESS: 4304 SANDY BAY DRIVE VIRGINIA BEACH, 31 VIRGINIA, 23455," dated November 8, 2019 and revised through January 27, 2020, 32 prepared by WPL, Landscape Architects, Land Surveyors, Civil Enginieers, a copy of which 33 is attached hereto as Exhibit "A" and on file in the Department of Public Works, to which 34 reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 37 those terms, conditions and criteria contained in the Agreement between the City of Virginia 38 Beach and Pat S. Feliciano and Donna J. Feliciano (the"Agreement"), an unexecuted copy 39 of which has been presented to the Council in its agenda, and will be recorded, after 40 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 41 Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Pat S. Feliciano and Donna J. Feliciano and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th 50 day of July , 2020. PREPARED: 3/10/2020 CA14848 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d012\p035\00625905.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DAN R. HARMEY SENI CITY ATTORNEY 2 SITE DATA '-- — --' J E BAYS a a,. 1. GPM: 1570-91 EDGE OF WATER AT/ �f 2. MS SLO T OF LOT 55, TYE OF SURVEY BRINE 1E401, PLAT (03/28/2016 /��. RECORDED IN M9. 41, PG.31 p�I� AT THE CLERKS OFFICE OF 1 C C. LARGE x THE CIRCUIT COURT OF THE — CITY OF CNA Mat , -� ` Lic. No. 15317 a VIRGNA VS COMPLETED APPAIROXAWTE MEAN tow NGITER UNDER THE DIRECT AND LIE SCALED PROM/ RECORDED 1/27/2020 FAIL A �Y6ER (YIR6pNRESPCNSIBLE CHARGE �A PLAT (ALB 41, AGE 31) �0, 4. FROMAN IMD ACTUAL y �S40NAL ��G` SURVEY MADE LNDER MY •� `' SUPERVISTH THAT THE ORIGNAL DATA WAS OBTAINED ON MARCH 28, 2016; AND r' +3 THAT THIS PLAT NCLUDNG ." do' MET/DATA MEETS MINN o NOTED.ACCURACY STANDARDS UNLESSr� S 63'22'50" E 0, 3. LIES OF LAID DLSTURB6NCE: — �� ' 1,300 SQ.FLlii4"."'°:•"7...•� or omc� 100 TN ,4' r gw,,,7 — — = Y \r-\ P z_ a>c:L csc.) LOT SS on , —IffItilit ill Coo / ; ' LOT-54 LU 3 LOT-56 (M.B. 41, PG. 31) • i .5—STORY 176WE (M.B. 41, PG. 31) GPIN: 1570-91-4112 �. (UNDER CONSTRUCTOR) J O GPIN: 1570-91-6005 e Nto ' N 2 r - r Z --- Q I r jg t PIN (F) 80' TO PI o`--71---1-11 I OF WINDY ROAD 100' N 6322'50`-ITV' i Ni, i Ir I N I'_ I' 0 40 7' 80 SANDY BAY DRIVE GRAPHIC SCALE (50' R/W) (M.B. 41, PG. 31) EXISTING SITE SCALE: 1*=40. PURPOSE: WATERFRONT ACCESS — . )� A BEN14 ACCESS WALKWAY PROPOSED ENCROACHMENT REQUEST FOR DATUM: NAVD 1988 ADJACENT PROPERTY OWNERS " SITE ADVI RGINIA BEACH, RGINIIA 23455 A WAG K 2. BROOM 1. BURRELL J F & AARRME MONO* SALJNDER.S DATE: 11/08/2019 REVISION: 01/27/2020 At TiEWE FIONYIK _ -_. -. t e:sworn - sir a PLAT: B-23 F.B./PG.: 1038/42 CM BIN=11.1. r w SHEET 1 OF 5 WPL# 216-0093 `- C BAPEAKE BAYoat I ,r 5. i' IV zr ., :0001/011"Nly tie w104 I C C. LARGE m EDGE OF WATER AT LIC. NO. 15317 r'i TIME OF SURVEY 03/28/201 s �1O 01/27/2020 ��" —�— ._ — it"�SS10NA� E�G\� APPROXIMATE MEAN LOW WATER ` _ LINE SCALED FROM RECORDED 2.01/ PLAT (M.B. 41, PG. 31)4, B4 —STAIRS 1111111 1 ACCESS b — 0 0 be 0 0 Wi4LKWAY =_ H m — i1/4 o ' 173' `0� 4 �A is y _PRNACY wAct S 63'22'50" E a b'Q_ - '- - 1'4 -- -' -4- . II 4 MR SM MAWS h OF Wlff WO b SEAYINLLi dry-ro ^4 tip" �• `}5 — I 4.24' O STFPS AND CATE I ® i h LOT-56 LOT-54 '.. (M.B. 41, PG. 31) (M.B. 41, PG. 31) OoD GPIN: 1570-91-6005 GPIN: 1570-91-4112 DC .. 7 /4304 SANDY BAY DR/YE IC 3—S FRAME ODWELLING , I � (UNDER CONSTRUCTION) � O I ,\ 0 30 Crl ' 60 i ' I 1 SITE IMPROVEMENT PLAN GRAPHIC SCALE SCALE: 1"=30' PURPOSE: WATERFRONT ACCESS _ _ )!� A BEACH ACCESS WALKWAY - PROPOSED ENCROACHMENT REQUEST FOR I PAT S. AND DONNA J. FEUCIANO DAWN: NAVD 1988 ` T. SITE ADDRESS: 4304 SANDY BAY DRIVE ADJACENT PROPERTY OWNERS: `� - VIRGINIA BEACH. VIRGINIA 23455 1. BURRELL F de M E WYNOR SAUNDERS _ 2 El J t KATFERI E A WAC IOWi�K DATE: 11/08/2019 r REVISION: 01/27/2020 Lond anima loam PLAT: B-23 F.B./PG.: 1038/42 St r rl sr q w ar,w rsW SHEET 2 OF 5 WPL# 216-0093 N OP. AIIII I o ' CE C. LARGE x v Lic. No. 15317 01/27/2020 Q' S%NALE' , T S g g r � 0 h m 'm 0 o A N / _..............,_!________:.------1 i //1 to hloR 4 i 4.0' Vto lc O I N ! N o FRAMPIG C .T1ON 14 kJ r� h • ALL PILES TO BE 8.0 YIN. WITH 15 PE/ORATION. o HEADERS AND JOISTS TO BE FULL 2-x8' T ARERS. 1 • ALL HEADER BOLTS TO BE WO WEATHER TUFFS WITH \ i - OGEE WASHERS AND NUTS. ° • DECKING TO BE COMPOSITE OR 2' TIMBER SECURED WITH l 1 STAK ESS STEEL SCREWS. o s J `'`'-- ' PROFILE PJ\N N N w O SCALE: 1"=10' PURPOSE WATERFRONT AOCESS ---- —_— ' - 1�1T A BEACH ACCESS WALKWAY - PROPOSED ENCROACHMENT REQUEST FOR PAT S. AND DONNA J. FELICIANO DATUM: NAVD 1988 NN , T_ _ SITE ADDRESS: 43�BEACH, VIRGINIABAY DRIVE ' 23455 ADJACENT PROPERTY OWNERS: 1. BURROl F a L:ORRE NAYNOR SAUNDER'3 2 BRADLEY J a KATIIERINE A YtACFFOWVX widows „ — Lore DATE: 11/08/2019 REVISION: 01/27/2020 Lola s. . *awn PLAT: B-23 F.B./PG.: 1038/42 irl'Intesitirkbobalw SHEET 3 OF 5 WPL# 216-0093 NOTES: 1. ALL FRAIANG LUMBER AND MRCS SHALL BE CCA 2.5 ROUGH MARINE SALT TREATED. � �J' ••'sue ' 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. _d 3. ALL PILES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. f��`.:. , o C C. LARGE x - - — — — - - v Lic. No. 15317 3'-0' 3 01/27/2020 �. 2 (coNrRA�roR TD lISTKL 2'x6' MIN. o�Fss �Gw- 4'X4' SALT 1I ATED MOOD FOR 'ONAL E ALL ROUES) \ \\_ 4.0' NNN 2'X2' PICKETS 0 4' 0.C. 2'X12' BAND Allr DEP= 711- 8' MAX. - Ey TTT I / VT {ilil 1( II 14li NOTE: CONTRACTOR ILL i� TO VERIFY NUMBER 2 z8' STRINGER NGR • OF RISES BASED � ' TREADS (2) 2x6 DECKING (TYPICAL) Pi _ \ ON EX. GRADE , e MIN. NOT (STAIR TREAD NOSING FIN DEPTHIIIII MIN. OVERHANG 3/ 1 4" �2) 0 8-O' MAX. OVER HANG 1/4°) 2:4 BRACE \i..� el PIE 15' PE?iEfRAl10Nilhi 3' MIN. MN, 8'O.C.WX 16' MAX -- DUSTING DUNE Lull �'�� o �2 T - l H MAX • \/ `/ `,SIMPER '`'�\ ("el WWS) E1 ME, I I '11 \ \> /,, /\ yr 1 �, j` y\ 15' MIN. ro PI&5'PEt AI 15' MTN. \ / ' '//\ SLOPE _,[.., PROPOSED STEPS STEPS TO EX BUILT ALONG EX. SAID .\\\//(x/ \!\\'/,\ N. SHALL NOT MEND BEYOND THE APPROVED SEBACKS AT A HEIGHT GREATER THAN ,GRADE.)ARNE THE ADJACENT to TYPICAL WALK SECTION STAIR & RAIL SECTION DETAILS 1/2` = 1' SCALE: NOTED 'PURPOSE: WATERFRONT ACCESS -._ _ E>®IT A BEACH ACCESS WALKWAY - PROPOSED ENCROACHMENT REQUEST FOR DATUM: NAVD 1988 PAT S. AND DONNA J. FEUCIANO ADJACENT PROPERTY OWNERS: - SITE ADDRESS: 4304 SANDY BAY DRIVE 1. BlR2RELL F & LONE W4YNOR SAUNDERS - VIRGINIA BEACH, VIRGINIA 23455 2. BRADLEY J de KATIERINE A W,CH IAK AhNi..4= ._ DATE: 11/08/2019 REVISION: 01/27/2020 ta,a s wra. . PLAT: B-23 F.B./PG.: 1038/42 Mg i.Eagleson NE1 u. gr a w st w gm_ SHEET 4 OF 5 WPL# 216-0093 NOTES: 1. ALL FRAMING LUMER AID PILINGS Shall BE CCA 2.5 ROUGH MARINE SALT TREATED. ielleillir0;"se 2. ALL HARDWARE AND FASTENERS SHALL BE HOT DPPED GALVANIZED. 3. ALL PILES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. ,or/,` /I� got ' CE C. LARGE x Lic. No. 15317 P` �� 7.00' 4.14 0 12.00' a �C�01/27/2020�� o [1:, \, �SSIONAL ECG\ STAIRS 8.oo' Q'".-..„,_.L4/VLTING N 5--13 STAIRS 7-71 --\ 2 `4' BEACH ACCESS N / WALXWAY if a Di. :"-- o rn in I 'o a 3.14' A °'$ 3 3 0 3.14' 511 h E 3.14' ' 0 3.14' K 8.0 PILE, 8' 0.C. ? MAX, 15' AIIN 0) PENETRATION . a a 0 0 (TYPICAL) TIt o i m i REAR-\ RED I PROPERTY \ PROPERTY LINE \\ �4.24' LINE-\\ ; GI /4.24' A m LANDINGS to AND D 0 O D O STAIRS m ? a 3 4 DETAILS SCALE: 1"=10' PURPOSE: WATERFRONT ACCESS _- M ®1T A BEACH ACCESS WAIJWAY _, N PROPOSED ENCROACHMENT REQUEST FOR PAT S. AND DONNA J. FEUCIANO DATUM: NAVD 1988 SITE ADDRESS: 4304 SANDY BAY DRIVE ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VIRGINIA 23455 1. BURRELL F k LORRIE RAYNOR SAUNOO 2. BRADLEY J s KATHERINE A WACIOMRAK I DATE: 11/08/2019 REVISION: 01/27/2020 laid ai Sinwore *limn PLAT: B-23 F.B./PG.: 1038/42 CM Embryo sn 11.6 >'t}a sh.W net SHEET 5 OF 5 WPLit 216-0093 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 I day of ( c' , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PAT S. FELICIANO and DONNA J. FELICIANO, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "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 55" as shown on the plat entitled "BAYLAKE BEACH, PRINCESS ANNE COUNTY, VA.," Scale: 1" = 100', dated April 1956, prepared by Jon M. Baldwin, C.E. and R. S. Baldwin, C.L.S., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at page 31, and being further designated, known, and described as 4304 Sandy Bay Drive, Virginia Beach, Virginia 23455; WHEREAS, it is now proposed by the Grantee to construct and maintain a 4'-wide Beach Access Walkway with Stairs that extend approximately 5' past the seaward toe of the dune into the public beach (collectively, the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing public beach, which starts at the seaward toe of the dune, or if none, the bulkhead or wall and extends northward to the mean low water known as Baylake Beach "Encroachment Area"; and GPIN: 1570-91-5219 (City Easement — Baylake Beach) GPIN: 1570-91-5009 (4304 Sandy Bay Drive) 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 PROPOSED ENCROACHMENT REQUEST FOR PAT S. AND DONNA J. FELICIANO SITE ADDRESS: 4304 SANDY BAY DRIVE, VIRGINIA BEACH, VIRGINIA 23455," Dated November 8, 2019 and revised through January 27, 2020, 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 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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, PAT S. FELICIANO and DONNA J. FELICIANO, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4 CITY OF VIRGINIA BEACH By _ (SEAL) (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. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 41ffirfr.- * - . ELIC = �► Owner az A J. FE IANO Owner F •/COUNTYTEO OF V x(---oc�‘A 'Ito-wit: The foregoing instrument was acknowledged before me this 1 I day of (\(,,L`C,\-\ , 2020, by Pat S. Feliciano and Donna J. Feliciano. DARLENT KAY CARROLL Relk NOTARY PUBLIC i,,,, , R REGISTRATION # 7518084 C(,(/Vt.u4' (SEAL) `'C, , COMMONWEALTH OF VIRGINIA Notary Public Notary Registration Number: My Commission Expires: \ - 3\- Qp&L{ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM .7';:C :%•-.-ttl- . - ,•",, SIGNATURE 74,r DAN . HAI(MEYER`' 411 SENIO CITY ATTORNEY 3/4S laaa c) DATE PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 6 SITE DATA 4-- ---0. BAY 1 CHESAPEAKE a ;� 1. GNI: 1570-61-5004 EDGE OF WATER AT A: ti 2. TI15 SU WY CIF LOT 55. 1W OF SURVEY BOWIE MI, PLAT (03/28/2016 /��\ It RECORDED IN KB. 41. PG.31 ' AT THE CLERK'S OFFICE OF — — _ 1C C. LARGE x THE CIRCIIR COURT OF THEp41 CITY OF VRGINIA BEACH, Lic. No. 15317 AWGIWA WAS UNDER THEDIRECT REED ATE MENU LOW WITER UNDER RECT AND OF, __ SCALED 01/27/2020 4-- RESPONSIBLE A. GARNER (VIRGINIA PUT 41, P12 31) 0,� 4, FROM AN ACTUAL GROUND UCENSE LAND SURVEYOR) o ay �SSIONAI. E�G`� SURVEY MADE UNDER MY y> y' SUPERVISION; THAT THE ORIGINAL DATA WAS MAID ON MARCH 28, 2016; AND 0 TWIT MS PLAT INCLUDING 4; a e9 METADATA MEETS MINIMUM ACCURACY STANDARDS N NOTED. 0 raj S 6322'50'. E a 41* 1UIRS OF LAID=MANCE: - lieu m a ,• ,7, -\` 1 DD• 7 SLevU - - - i,J00 SQ.Fi: • ,6% 4,) s'''' ,.;) r. _V ''VW \--". -,3p 1 _z _j—i Q *-mug � n LOT 55 1i ' I]00 II LOT-54 to LOT-56 (M.B. 41, PG. 31) . —1—\, * .name_n,. GPIN: 1570-91-4112 ° (UNWELLING DER Al GPIN: 1570-91-6005 x crowsmrecnov� I N I N 1 J I 4 __1 PM (F) 80' TO PI 0 n ' 0 I OF WINDY ROAD 100' i N 6322'501 l I It,' . 7' 7' 0 —407' 80 I--.4 6-4 I 1 SANDY ` BAY DRIVE GIAPHIC SCALE (50' R/W) (M.B. 41, PG. 31) EXISTING SITE SCALE: 1"=40' PURPOSE: WATERFRONT ACCESS - - NIMBI? BEACH ACCESS WALKWAY = PROPOSED ENCROACHMENT REQUEST FOR DATUM: NAVD 1988 PAT S. AND DONNA J. FEUCIANO SITE ADDRESS: 4304 SANDY BAY DRIVE ADJACENT PROPERTY OWNERS: `'` VIRGINIA BEACH. VIRGINIA 23455 1. BIARRELL F * LORRE !ARMOR SAMIDERS 2. BRi LEY J & KAT1I17tM& A WACHOWIAK - _ DATE: 11/08/2019 REVISION: 01/27/2020 LoW'brows *um PLAT: B-23 F.B./PG.: 1038/42 Mil soon s I.v,&lob eafi SHEET 1 OF 5 WPL 216-0093 / CASE. BAY ti 1 ' ' C C. LARGE w`� EDGE OF WATER AT g Lic. No. 15317 TIME OF SURVEY (03/28/2016 13'00 01/27/2020 �� A`,\— ,_ C, SSl0NA� E� APPROXIMATE MEAN LOW WATER LINE SCALED FROM RECORDED 2.0' PLAT M.B. 41, PG. 31)4, STAIRS IIIIIIIi_ 1` BEACH e e WALKWAY b h yb 67 ♦01 .D `b. ♦' 17213' ♦\.) ,py 41\\ `� � PRIVACY W ALIAS 6• ..3'22'50" E- o��1 1. IN1 o= = i), u1OER SW DIRE 1 •• ,`? ,�cittIto i ♦tie �� - iI 424' - tip. ♦�} .. ♦Y �1 s• ,ti sir r--113 0 2 STEPS AND GA7E 1 I 1 , — ` IN LOT-56 (M.B. 41, PG. 31) (M.B.L4, `PG. 31) =00 D� I GPIN: 1570-91-6005 GPIN: 1570-91-4112 kJ II /4304 S4NDY BAY DRIVE 3—STORY DWELLING • (UNDER CONSTRUCTION) I O I N ' J 0 30 (n 60 I ic, I I I SITE IMPROVEMENT PLAN GRAPHIC SCALE SCALE: 1"=30' PURPOSE WATERFRONT ACCESS — _ >lXIMI1T A BEACH ACCESS WALKWAY = PROPOSED ENCROACHMENT REQUEST FOR DATUM: NAVD 1988 PAT S. AND DONNA J. FELICIANO ADJACENT PROPERTY OWNERS: `-_ . = = SITE ADDRESS: 4304 SANDY BAY DRIVE IE wYNDR SAUNDERs VIRGINLA BEACH. VIRGINIA 23455 1. DURRELL F & LORR z BRADLEY J & KATHERI E A RACHMAN( . - DATE: 11/08/2019 REVISION: 01/27/2020 Lana s..t, .Ar® PLAT: B-23 F.B./PG.: 1038/42 Kt 1l 1 w Ids,r ram SHEET 2 OF 5 WPL# 216-0093 t N ,e,06.°11.1. .‘ '4%. 1 CE C. LARGE % v Lic. No. 15317 I - 01/27/2020 74 �k� �S%NAL E•G _1 \I .1 $ r' o t ‘ 4gi 0 o CS h tort p / N -- 1 : , to hon 4 n 4.0' O \ I N e FRA.MN � K}E G SPE1OAT tr...) • ALL PILES TO BE 8! MIN. WITH 15' PENETRATION. ::..:.5I • HEADERS AND JOISTS TO BE FULL 2'x8' TIMBERS. • ill HEADER BOLTS TO BE ' WEAT/ER TUFFS WITH V 1 i p 3te OGEE WASHERS AND NUTS. • DECIING TO BE COMPOSITE OR 2' 'HUBER SECURED WITH STAKESS STEEL SCREWS. i 1 PROFILE P_AN N N O SCALE: 1"=10' PURPOSE: WATERFRONT ACCESS _=_ — , EY!®IT A BEACH ACCESS WALKWAY - PROPOSED ENCROACHMENT REQUEST FOR DATUM: NAVE 1988 _ _ - \\-- PAT S. AND DONNA J. FELICIANO ADJACENT PROPERTY OWNERS: = I SITE ADDRESS:IRGINIA 4 RGINIA 3455 EA5 1. BURRELL F & LORRIE WIYNOR SAUNDERS 2 BRADt EY J do KATHERNE A WACHO MK DATE: 11/08/2019 REVISION: 01/27/2020 ' Lard Sr as r�nn PLAT: B-23 F.B./PG.: 1038/42Cid Bylaws r. x sr a r ad r mat SHEET 3 OF 5 WPL4 216-0093 NOTES: 1. ALL FRAMING LUILIER AND PILf1GS SHALL BE CCA 2.5 ROUGH MARINE SALT TREATED. it !` ' • sue 2. ALL HAS AND FASTENERS SHALL BE HOT DIPPED GALVANIZED. ,♦ 3. ALL PILES ARE TO BE DRIVEN AT A MINIMUM OF 15' BELOW THE TOP OF THE SAND DUNE. /"'Cis ,,,,,, ,' ' C C. LARGE 'z - -- -- -- - - 8 Lie. No. 15317 3'-0' 0 01/27/2020 �It 2) i . SALT TREATED TSOO FORS 28X6° MIN. o ,CS S/ONA1. EaG\N(v 4'X4 ALL RAMS) - — -- `�, \-- - ..-1..\\-Iti - 4.0' ' 2'x2' PICKETS 0 4' 0.C. 2'x 12' BAND ne MMHG *- 8' MAX. -* g, III T j II till Mil NOTE: CONTRACTOR TO VERIFY NUMBER 2 xr STRINGER • OF RISES BASED \ (Tk) s. ON EX. GRADE TREADS (2) 2x6 DECKING MIN. 10" (STAIR TREAD NOSING (2)2x8 0 8'-O' lie L FIN DEPThh„ H MIN. OVERHANG 3/4" -' MAX. OVER- HANG 1 1/4") 2x8 BRACE \ 8'o Fitz 15' FENETRti11OW 1 3' Mild. r+, e' o.C.wx 16" MAX D3S 114G DUNE N , : \6 8MAX--r / \j ti / 203 f 1/2° //l � /j %; �/\ 15' MIN. • e'+ PIE. r+, 8 15' PEIDORATION ' ION. • \ < STEPS TO BE BUILT ALONG SLOPE (THE PROPOSED STEPS SAND \//\/\\x/. <'X\%\/�/ SHALL NOT EXTEND BEYOND THE APPROVED SETBACKS AT A HBGHT GREATER THAN 16' a TYPICAL WALK SECTION ABOVE THE ADJACENT (MADE.) 3/8' = 1' STAIR & RAIL SECTION DETAILS 1/2' = 1' SCALE: NOTED PURPOSE WATERFRONT ACCESS _3 6 UMW A BEACH ACCESS WALKWAY - PROPOSED ENCROACHMENT REQUEST FOR DATUM: NAVD 1988 A _ PAT S. AND DONNA J. FEUCIANO ADJACENT PROPERTY OWNERS: — SITE ADDRESS: 4304 SANDY BAY DRIVE AN - VIRGINIA BEACH, VIRGINIA 23455 1. BURRIaL F & LORRE WIYNOR SAUNDERS 2. BRADLEY J & KATHEINE A W o4OWVJ( r- _ DATE: 11/08/2019 REVISION: 01/27/2020 t.na Ohm PLAT: B-23 F.B./PG.: 1038/42 �.E"R%Seaaa%:� SHEET 4 OF 5 WPL# 216-0093 NOTES: 1. ALL FRAMING LUMBER AND RUNGS SHALL I E CCA 2.5 ROUGH MAR/NE SALT TREATED. iterir 1-;,r lee 2. ALL HARDWARE AND FASTENERS SNAIL BE HOT DIPPED GALVANIZED. 3. ALL PILES ARE 70 BE DRIVEN AT A MNI6AUY OF 15' BELOW THE TOP OF THE SAND DUNE. .0 CE C. LARGE x 8 Lic. No. 15317 12.00' -0 01/27/2020 �4 7.00'-7_4.14.. �p ev w� o a �FSS10iV At_ EaG\� �, 11111r,b STAIRS a 00 _ LANDING S N i. STAIRS..\\ 7 V'-11 4' BEACH ACCESS WALKWAY r< otn , co co 3.14 ' 53 i 0 Z. ? D 0 3.14' , �^ h 3 /4' , a 5 14, 8 0 PILE, 8' 0.C. D O MAX, 15' MIN Z PENETRATION to • o (TYPICAL) 0 ---\ adREAR REAR PROPERTY \\ "0 • \�-4.24' PROPERTY D- j4.24' — v- LANDINGS • ca AND p o; 5 0 STAIRS m o • ' a DETAILS SCALE: 1"-10' PURPOSE: WATERFRONT ACCESS ' � =OPr A BEACH ACCESS WALKWAY _ PROPOSED ENCROACHMENT REQUEST FOR DATUM: NAVD 1988 \V--. c PAT S. AND DONNA J. FELICLANO SITE ADDRESS: 4304 SANDY BAY DRIVE ADJACENT PROPERTY OWNERS: VIRGINIA BEACH, VIRGINIA 23455 1. BURRELL F & LORRIE NAYNOR SAUNDERS DATE: 11/08/2019 REVISION: 01/27/2020 2 oL<r �' w`� a t g;,,y,;, PLAT: B-23 F.B./PG.: 1038/42 Ott m As 4 N�, SHEET 5 OF 5 WPL, 216-0093 „,,,,,,,.,,44.44. ,�' l"�' c ^ �'C Y.' , d ,w4R A ^liy , /.. ”r" �t'` � I ,,,...„,,,, ,,,,, ..4c1.2,..,,,,...z... ..,,i4„....:‘ :, ,,, . ..;,, . , ,4,, . . , ,...,...,, .._. , , ,,. ...,,.,,, : ., '''''';',''''''''''''''..k,',,,':',4::::'''',7;7/4,.'.4.,,''•.r'''''',''',:';'4fr'.?'' •''''''''54%, , ,, t 461,90,,,,:., .w 1570-91-5009 ^. , • r � + / ..4,4e.1,,,,,t,,,,,,44;::::;..,.7,,,,,6!.,‘:-)I1,."",''',,i,j4,,,,,,,,'3,7414:-.;;;;','11,,,,Ift'.'''''-'''''11111°: , ti' 1. I F �\\ ''cam lit' • ;, _ a;�`r'-wlC. • filar • iir ktitillikrik • - Np Y B qY a , , * r of it ` 4 !fit", '''.. ,..1,0 . ' '. Cs, Y • t i .„. I ,. . t 4 ,. ... ,.„; : ... !. , a _ .. • .. i..,''.!*,-.. /4 . . ,.,.:* : f ,,..,_, ..lb:4 ' , .1"- j ' ....,1,414.44044 . .,' .a LOCATION MAP i LOokn, ~'.. ..,. .„, O ENCROACHMENT REQUEST . k. PAT S. FELICIANO AND Legend *� „ n - DONNA J. FELICIANO City Properties GPIN 1570-91-5009 •. Feet M1570-91-5009 �k f'.,'. Alai , 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 01/28/2020 X:\CADD\Projects\ARC Files\AGENDA MAPS\1570-91-5009 Aerial N I W 0-- E I s 111 SITE SHO`EDR / i > 1570-91-5009 r, tiSA /-- /--._ '-/ J/ Noi_ yeq\ ORS LOCATION MAP \l 0Okn,, ENCROACHMENT REQUEST PAT S. FELICIANO AND Legend DONNA J. FELICIANO City Properties GPIN 1570-91-5009 /� Feet M1570-91-5009 - 1 / 0 50 100 200 'Prepared by P.W./Eng./Eng.Support Services Bureau 01/28/2020 X:ACADD\Projects\ARC Files\AGENDA MAPS\1570-91-5009 63 ITEM— VII.9 ORDINANCES/RESOLUTIONS ITEM#70476 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$168,700 of Fund Balance from the Police Federal& State Seized Assets Special Revenue Fund to the FY2020-21 Police Operating Budget re equipment and training Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 7, 2020 1 AN ORDINANCE TO APPROPRIATE $168,700 IN FUND 2 BALANCE FROM THE POLICE FEDERAL & STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 EQUIPMENT AND TRAINING 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $168,700 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Police Federal & State Seized Assets Special Revenue Fund to the 11 FY 2020-21 Police Department Operating Budget for police equipment and training. Adopted by the Council of the City of Virginia Beach, Virginia on the7t h day of July 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 la B dget and Management Services City Attorneys Office CA15099 R-1 June 24, 2020 64 ITEM— VII.10 ORDINANCES/RESOLUTIONS ITEM#70478 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council ADOPTED, AS AMENDED, Ordinance to ACCEPT and APPROPRIATE $39,258,497 from the United States Department of Treasury through the CARES Act re Coronavirus relief 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 July 7, 2020 AMENDED BY MOTION 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $39,258,497 FROM THE UNITED STATES DEPARTMENT 3 OF TREASURY FOR CORONAVIRUS RELIEF 4 5 WHEREAS, the Commonwealth of Virginia received a payment from the United 6 States Treasury through the Coronavirus Aid, Relief, and Economic Security (CARES) 7 Act's Coronavirus Relief Fund; 8 9 WHEREAS, the Commonwealth of Virginia has passed portions of these federal 10 funds along to cities and counties of the Commonwealth; 11 12 WHEREAS, the City of Virginia Beach received a payment of $39,258,497 from 13 the Commonwealth of Virginia's federal funds; 14 15 WHEREAS, Section 8 of the Annual Appropriation Ordinances authorizes the 16 expenditure of grant funding over multiple fiscal years if the period of expenditure of such 17 grant includes more than a single fiscal year; 18 19 WHEREAS, notwithstanding the date of adoption, the Council intends for this 20 appropriation to include reimbursable expenditures as permitted by the CARES Act, 21 which extends back to March 1, 2020, and accordingly, the appropriation of this grant is 22 made to the Fiscal Year 2019-20 Operating Budget; and 23 24 WHEREAS, the funds provided by the United States Treasury are required to be 25 spent or returned by December 30, 2020. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA THAT: 29 30 1. $39,258,497 in federal funds from the United States Department of the 31 Treasury, through the federal Fiscal Year 2020 Coronavirus Relief Fund, via 32 the Commonwealth of Virginia, is hereby accepted, with federal revenue 33 increased accordingly, in the Grant Fund of the Fiscal Year 2019-20 Operating 34 Budget. 35 36 2. $29,258,497 is hereby appropriated to the Grant Fund for the following 37 purposes in the Fiscal Year 2019-20 Operating Budget: 38 39 a. $70,187 for medical expenses; 40 41 b. $10,164,525 for public health expenses; 42 43 c. $2,367,490 in payroll expenses; 44 45 d. $2,156,295 for compliance with public health measures; and 46 47 e. $14,500,000 for economic support to include businesses, nonprofits, and 48 residents. 49 50 3. $10,000,000 is hereby appropriated to a dedicated reserve in the Grant Fund 51 of the Fiscal Year 2019-20 Operating Budget. This $10,000,000 shall be 52 ineligible for expenditure unless and until the City Council enacts a resolution 53 or ordinance authorizing the expenditure of such funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of July 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: J ity Attor ey's Office CA15093 R-2 Motion July 7. 2020 65 ITEM— VII.J.1 PLANNING ITEM#70479 The following registered to speak: Timothy Handlon,Applicant, spoke in SUPPORT Sierra Alderman,Representative for the Applicant, 2333 Dominion Avenue, Phone: 719-231-8884, spoke in SUPPORT Barbara Messner, P. O.Box 514, spoke in OPPOSITION Upon motion by Council Member Jones,seconded by Council Member Wilson, City Council DEFERRED TO JULY 14, 2020, Application of TIMOTHY HANDLON for a Conditional Use Permit re short term rental at 4504 Ocean View Avenue DISTRICT 4—BAYSIDE 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 July 7, 2020 66 ITEM— VII.J.2 PLANNING ITEM#70480 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of BQ VENTURES, LLC for Conditional Use Permits re short term rentals at 406 23rd Street, Units Al, Bl, &B2 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BQ VENTURES, LLC for Conditional Use Permits re short term rentals at 406 23rd Street, Units Al, BI, & B2 (GPIN 2427083837) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed as 406 23rd Street units Al/Bl/B2 and the Short Term Rentals use shall only occur in the principal structure. 2. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two (2) residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three)shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number ofa responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. July 7, 2020 67 ITEM— VILJ.2 PLANNING ITEM#70480 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10::00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three(3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. July 7, 2020 68 ITEM— VILJ.2 PLANNING ITEM#70480 (Continued) This Ordinance shall be effective in accordance with Section 107(f0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7rh day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: None July 7, 2020 � }} r.- \4(4""°?.X ..._,..21,1„--------1.,1_,-- , , - d ctseet � 23r �d \l !f '1 ....-- ,--------A--- A\ ... . # r 6 Cl.) 1 t 1 \ 1t. \\is\ V 1 1 /7/.; f \ \ c 0 c4 \ 71— 'so° „ \ \ ...„---, \r-----'--A---'' \\\\ \ __A, '',, ' , 1 1 1 t 'j / ___ , ' , , I try __ I� 1i/ ",.li 't•_} ...� � __t ,, _____,, \ , ,, , , r' t / \7-- A rl _______\ I I i �_—1 �t � 2 / I t, - w., \ \ lk---- IL______-__S „ y .,,,,,,,\\\\ s' ---I"�li t _— ' ''ti '' R i A, 1.,, , , 0 „, , t' t ,_ -- aid- `o ____ _.\\___,..„--\ ,, \ k-, _____3' \ \ , vod , ___, ►-36 ~w, tt S.1\\ S. , ' \\\ .. 1 , , , \ -- �--, 'f9 I rs^ 1 _ {( \\ \ '''''.4:',::‘,:t:Y4',\''''''',‘::\:.'' ' \\,,',.. T 1 N //, Site itiv BQ Ventures, LLC w' 1 Prope rty_P o lyg on s , 406 23rd Street Units Al , B1 , B2 s Zoning Parking Lot Drive Aisle m ._.. 11111111. aNIMMEN Feet > Budding 0 10 20 40 80 80 100 120 69 ITEM— VH.J.3 PLANNING ITEM#70481 The following registered to speak: Joseph Danner,Applicant, 51814`h Street, Phone: 540-448-7065, spoke in SUPPORT Richard Matthews, 1317 Mediterranean Avenue,Phone: 943-1313, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DENIED Application of JOSETTA DANNER for a Conditional Use Permit re short term rental at 518 14th Street DISTRICT 6—BEACH Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 7, 2020 70 ITEM— VILJ.4 PLANNING ITEM#70482 The following registered to speak: Grant Simmons, Applicant, 3781 Jefferson Boulevard,spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, Application of KATHLEEN PAIGE SIMMONS & GRANT SIMMONS for a Conditional Use Permit re short term rental at 3608 Dupont Circle DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KATHLEEN PAIGE SIMMONS & GRANT SIMMONS for a Conditional Use Permit re short term rental at 3608 Dupont Circle (GPIN 1489581709)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 3608 Dupont Circle and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance (CZO) or as approved by City Council. 3. As shown on the Parking Plan illustration within the "Site Layout and Parking Plan"section of the Staff report and unless a modification of material type is approved by the Zoning Administrator, two (2) off-street, all-weather, hard surface parking spaces are required and must always be available to the Short Term Rental occupants renting the unit. In addition, one off-street compacted gravel parking space, as shown on the parking plan illustration, must be created, maintained, and always be made available to the Short Term Rental occupants. These parking spaces must be installed via a building permit, must be placed in compliance with all applicable codes, and must be added to the subject site within 30-days of any City Council approval for the proposed Short Term Rental use. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). July 7, 2020 71 ITEM— VILJ.4 PLANNING ITEM#70482 (Continued) 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rental. 12. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. July 7, 2020 72 ITEM— VII.J.4 PLANNING ITEM#70482 (Continued) 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`1 day of July Two Thousand Twenty. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones,Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None July 7, 2020 i ram- ,_�f - 7 // '.-- Ift I V ryJr- J I 0 II ti \ t u——_,-1 L� L_( 1 _ I� • _ O I r— I L , /- / --"--L,4 ,� \\\ ,-,. -- j -_ ...,- iiie lizfy. --.„/ // '•- 1----J -r- a. / 5D- " l/ 771 '.../ I 7 \ ....... 1 __ ti‘i., ,,:__ c----_______, ,......N \ \ ,,, ,,,\.. _____,.. R\-5D , . / R D� _____ _._ ._ _.:50 ' 3,7. ' . ' '/ e -„..,..‹,,-___. .."----... \\\\ F 4 Site Kathleen Paige Simmons & Grant Simmons %f, Property_Polygons 3608 Dupont Circle Zoning Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 73 ITEM— VILJ.5 PLANNING ITEM#70483 The following registered to speak: Daisy Jade,Applicant, 62 Ruth Street, Pittsburgh, PA, Phone: 619-796-9055, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Council Member Tower, City Council APPROVED,AS CONDITIONED,Application of CREEKSIDE GETAWAY,LLC/DAISY JADE for a Conditional Use Permit re short term rental at 3214 Creekside Drive DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CREEKSIDE GETAWAY, LLC/DAISY JADE for a Conditional Use Permit re short term rental at 3214 Creekside Drive (GPIN 1496103974)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 3214 Creekside Drive and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance (CZO) or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three)shall be held at the short-term rental and the property on which it is located. This short-term rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. July 7, 2020 74 ITEM— VII.J.5 PLANNING ITEM#70483 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of July Two Thousand Twenty. July 7, 2020 75 ITEM— VILJ.5 PLANNING ITEM#70483 (Continued) Voting: 6-5 Council Members Voting Aye: Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Barbara M.Henley,Louis R.Jones and John D.Moss,Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None July 7, 2020 r=,1 -�"`` I" 11 - -."..-----'''.\:s_ A , } ,t i I .1,,, \ \ 0 \ 1 - ..--------i, _ '''• \ \ ,, „-- I, \ \ \ \\\\ CI 11 \-- li „.....\n\ V \\\\ y" II ' �-� it 0 ti, \ (0 . \ :, 94,4411> _ \- - 8 + I /// y �� I. 1;2 ,�i A 12 __,_,_..._ A-1 2 ,,\k\-`� \ .,IF. - - �„,/„., //1\z ,. ,,%4,\,\\ .„ \ , /// /V/<"\i' ,./. /•., ..,,,/, \/ / _ I , ��, / / __.___________. _.,_ _\, ...._„\....,. .„ ,,,, i, o ,,.,,7\ 1 /, ---.7t- L---i- - '11 '\ t,�11 A ,,,,, ., \, / , \/\, 1, --L '��''4 Site Creekside Getaway ‘1,4), Property Potyg©ns 3214 Creekside Drive Zoning 1 Parking Lot Drive Aisle Feet Building 0 510 20 30 40 50 60 76 ITEM— VII.J.6 PLANNING ITEM#70484 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of CHRISTOPHER J. MASSARO/CHRISTOPHER J. MASSARO REVOCABLE TRUST for a Conditional Use Permit re short term rental at 209 55th Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHRISTOPHER J. MASSARO/CHRISTOPHER J. MASSARO REVOCABLE TRUST for a Conditional Use Permit re short term rental at 209 55th Street(GP1N 2419708246)DISTRICT S— LYNNHAVEN The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 209 55th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO)or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events with more than the permitted number of people who may stay overnight(number of bedrooms times three)shall be held at the short-term rental and the property on which it is located. This short-term rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form;and b. Copies of the Commissioner of Revenue's Office receipt of registration;and c. Proof of liability insurance applicable to the rental activity of at least one million dollars. July 7, 2020 77 ITEM— VILJ.6 PLANNING ITEM#70484 (Continued) 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rental. 11. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`h day of July Two Thousand Twenty. July 7, 2020 78 ITEM— VILJ.6 PLANNING ITEM#70484 (Continued) Voting: 8-3 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R. Jones and John D. Moss Council Members Absent: None July 7, 2020 .•^'--�`� I 1 tom, 1liii--- „ ti iiii 1 \ -' - I 'II - -t ----A-\ v.• de \n \- - - '- t ''I R�-5 R(.N E ) \i‘„,,iii.....i ,t I� R- ,NE) 1 ', cn'"-- __)--1\----\ t __------ Tillr:,....C, 7:\ •• i l----. , \ \ -\-\ \ \ ,. \ ., 5R(N;E) .. --1...--131 ''k-------j ' .1...,........./ II . rd.\ r--\._,, i4 f c--__.' t reet R-5�R(NE,) `''� _ /e," 55tir - • S tit �� S i \ l} ,1 ,I 1 _ — r—\---11. \---4 \ i 1 1 11 I) reet t 1_� , R(N E)' ___ 1 ri,„ R-5i1(NE S \ 1'; iiii r \--\_-----S----------R '.a.., f l5 ' 1 t I r �� Site Chris J. Massaro Property_Polygons 209 55th Street Zoning I Parking Lot 0 rive Aisle Feet Building 01020 40 60 80 100 120 79 ITEM— VII.J.7 PLANNING ITEM#70485 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of NICK TREBON for a Conditional Use Permit re short term rental at 421 21 '/2 Street, Unit D DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NICK TREBON for a Conditional Use Permit re short term rental at 421 21 '/2 Street, Unit D (GPIN 24270823850004)DISTRICT 6— BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 421215''/2 Street (Unit D)and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO)or as approved by City Council. 3. The garage space within the unit must remain a minimum of nine(9)-feet by eighteen (18)- feet, contain a minimum eight(8)-foot wide vehicle entryway opening,and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit through the Residential Parking Permit Program (RPPP) shall be limited to two residential passes only. Guest permits and temporary permits through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times three)on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. July 7, 2020 80 ITEM— VII.J.7 PLANNING ITEM#70485 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof ofliability insurance applicable to the rental activity of at least one million dollars. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than two (2) rental contracts during any consecutive seven (7)day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least one million dollars ($1,000,000.00) underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be three (3) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless),a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. July 7, 2020 81 ITEM— VII.J.7 PLANNING ITEM#70485 (Continued) This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of July Two Thousand Twenty. Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones and John D. Moss Council Members Absent: None July 7, 2020 0Zl 00l 08 IN 0r oa. Cl , 6uippng aisI•. aA1J3 101 5ui�Jed 6 IA uoZ :\ ,__.4, _ a liu n '�aai1S JI H 2s l.Z 1,Zt7 suo6/4od—�{1,adoid -„ u oq ail )m a i N airs %% N. .a. / N.. . : ---- \. ,...---------''.- ---- .. ...---- I i , 1 ` v- 8 _____ ,_. _________ ,aa,,s 15 V-1 , , \\'‘ \ _ _ 41 II ,.ram 1 1 1 1 �+_. � \\"\‘\) --\--V.......... 11 1 __ - 1, - _f� III 1 ________\,_ ,, ,_,,__ _ 1 v \(' _..- - a % t �I t 1 • e iI'1 i1� ��1 'Iti 1`I S= It ' 1 r 1 ' ,--------r tl II 114000.‘I 7. c. \:3 0' - \ 11\ Ir �� ri 1CL Y II 1 ti�l S;ti�� 82 ITEM— VILK APPOINTMENTS ITEM#70486 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION July 7, 2020 83 ITEM— VII.K APPOINTMENTS ITEM#70487 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: DAVID WEINER Four year term 7/1/2020—6/30/2024 2040 VISION TO ACTION COMMUNITY COALITION 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 July 7, 2020 84 ITEM— VII.K APPOINTMENTS ITEM#70488 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MICHAEL CLOUD-BUTLER RAEESAH ISLAM OLGA TORRES-BAKER Four year term 7/1/2020—6/30/2024 ARTS AND HUMANITIES COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 7, 2020 85 ITEM— VILK APPOINTMENTS ITEM#70489 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: KEVIN NEWTON Full Member Unexpired term 7/7/2020—12/31/2022 BOARD OF ZONING APPEALS 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 July 7, 2020 86 ITEM— VII.K APPOINTMENTS ITEM#70490 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: LORI ZONTINI Representing Citizen At Large Unexpired term 7/7/2020—10/31/2022 COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 7, 2020 87 ITEM— VII.K APPOINTMENTS ITEM#70491 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: HANNAH LEVI Representing Student One year term 7/7/2020—6/30/2021 And TIM OKSMAN Unexpired term 7/7/2020—12/31/2021 HISTORIC PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None July 7, 2020 88 ADJOURNMENT ITEM#70492 Mayor Robert M.Dyer DECLARED the City Council SPECIAL FORMAL MEETING ADJOURNED at 8:40 P.M. Chief Deputy City Clerk anda rnes, MMC Robert M. Dyer City Cler Mayor July 7, 2020 89 OPEN DIALOGUE The following registered to speak: Jonathan Gorog, 1475 Five Hill Trail, Phone: 359-9393, spoke in OPPOSITION to the Virginia Marine Resource Commission Project Kelly Gorog, 1476 Five Hill Trail, Phone: 646-8098, spoke in OPPOSITION to the Virginia Marine Resource Commission Project Dr. Carl Hartman, 1478 Five Hill Trail, Phone: 621-5064, spoke in OPPOSITION to the Virginia Marine Resource Commission Project Barbara Messner, P. O. Box 514, spoke concerning due process Vincent Smith, P. O. Box 56680, Phone: 540-897-4766, spoke in OPPOSITION to House Bill 421 Clarence Cantebury, did not respond JaPharis Jones expressed concern and frustration for the poor treatment to members of Black Lives Matter 757 by police during the 41` of July weekend Jay Boone expressed concern and frustration for the poor treatment to members of Black Lives Matter 757 by police during the 4th of July weekend ADJOURNED AT 9:09 P.M. July 7, 2020