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HomeMy WebLinkAbout02-02-2021 SPECIAL MEETING AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GO-A*8E4c MAYOR ROBERT M. "BOBBY"DYER,At Large 44 VICE MAYOR JAMES L. WOOD,Lynnhaven-District S JESSICA P.ABBOTT,Kempsville-District 2 ? 2 MICHAEL F.BERLUCCHI,Rose Hall-District 3 U II BARBARA M.HENLEY,Princess Anne-District 7 LOUIS R.JONES,Bayside-District 4 JOHND.MOSS,At Large �'•, .t AARONR.ROUSE,At Large °' °°. M•t°MS GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARKD.STILES SPECIAL MEETING PHONE.•(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS BY ELECTRONIC COMMUNICATION MEANS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES February 2, 2021 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS 4:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ELECTRONIC ROLL CALL OF CITY COUNCIL II. CITY MANAGER'S BRIEFINGS A. 2021 VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN (REPLACING 2011 BIKEWAYS AND TRAILS PLAN) Elaine Linn, Active Transportation Planner—Parks and Recreation B. COMPREHENSIVE PLAN and 2013 SUSTAINABILITY PLAN UPDATE Robert J. Tajan, Director—Planning and Community Development III. CITY COUNCIL DISCUSSIONS A. HB2043 (establishment of the Virginia Beach Tourism Authority)—Follow-Up B. CITY MANAGER BUDGET GUIDANCE MEMORANDUM C. STORMWATER MANAGEMENT IV. CITY COUNCIL LIAISON REPORTS V. CITY COUNCIL COMMENTS VI. CITY COUNCIL AGENDA REVIEW VII. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. ELECTRONIC ROLL CALL OF CITY COUNCIL C. MINUTES 1. SPECIAL SESSION January 19, 2021 D. MAYOR'S PRESENTATION 1. AFRICAN AMERICAN HERITAGE MONTH Amelia Ross-Hammond, Founder and Executive Director of Project Management African American Cultural Center Joyce Davis Williams, Union Baptist Church E. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY 5694 Wesleyan Drive to Ebenezer Baptist Church F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 12-21 re coordinator of Emergency Management 2. Ordinance to SUSPEND City Code Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes for Calendar Year 2021 and APPROPRIATE $325,000 from fund balance reserved for Pandemic Relief to provide offsets (Requested by Council Member Tower) Deferred from January 19, 2021 3. Resolution to APPOINT Christopher J. Turpin as Assistant City Attorney, effective February 11, 2021 4. Ordinances to AUTHORIZE a temporary encroachment into a portion of City property known as: a. Pike Inlet at the rear of 321 Teal Crescent re construct and maintain a proposed wharf b. North Bay at 352 Tuna Lane, located at the rear of 329 Back Bay Crescent re replace and maintain an existing pier and construct and maintain a covered boat lift 5. Ordinance to RELEASE the hold on fourteen(14) Capital Projects and AUTHORIZE the Expenditure of$21.8-Million previously appropriated in the FY2020-21 Capital Improvement Program 6. Ordinance to APPROPRIATE $202,920, increased accordingly, from the Commonwealth of Virginia to the FY2020-21 Sheriff's Operating Budget and AUTHORIZE the payment of $500 Bonuses re locally funded Sworn Officer Appointees 7. Ordinance to ESTABLISH a City Council and a City Manager's Special Pandemic Reserves and TRANSFER from Departments of Police, Fire, and Emergency Medical Services (EMS) FY2020-21 Operating Budgets: $5.4-Million to City Council Special Pandemic Reserve re high-priority City Council initiatives; $3-Million to City Manager's Special Pandemic Reserve re unforeseen pandemic related needs; $1.1-Million to Department of Economic Development re workforce development; $900,000 to Department of Public Works re enhanced pandemic cleaning H. UNFINISHED BUSINESS I. NEW BUSINESS J. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ef27bc5246d63 50395 8b5236ce 1825d9b 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov.com prior to 5:00 p.m. on February 2, 2021. /jag J14014 BEAC4' Lr z Ci of V1r iriia Beach �Z 2 � .s Ot ow, Noe' ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 January 28, 2021 BDYER�VBGOV.COM HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, Virginia Code § 15.2-1413 and the City's Continuity of Government Ordinance adopted on September 15, 2020, and Chapter 1289 of the 2020 Acts of Assembly as amended, and by the authority vested in me as Mayor of the City of Virginia Beach,I hereby call for a SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINL4 BEACH CITY COUNCIL Tuesday,February 2, 2021 4:00 P.M. This SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS will be held virtually with Council Members participating via video/audio conference. The purpose of this SPECIAL MEETING is to allow the City Council to hold a regularly scheduled meeting regarding the items listed in the published Agenda. If you wish to make comments during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ef27bc5246d63503958b5236ce1825d9b 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes(a,vbgov.com prior to 5:00 p.m. on February 2, 2021. The City Council meeting will be streamed live on www.vbgov.corn and Facebook Live, and will be recorded for rebroadcast on Cable TV. Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office I. CITY MANAGER'S BRIEFINGS A. 2021 VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN (REPLACING 2011 BIKEWAYS AND TRAILS PLAN) Elaine Linn,Active Transportation Planner—Parks and Recreation B. COMPREHENSIVE PLAN and 2013 SUSTAINABILITY PLAN UPDATE Robert J. Tajan,Director—Planning and Community Development II. CITY COUNCIL DISCUSSIONS A. HB2043 (establishment of the Virginia Beach Tourism Authority)—Follow-Up B. CITY MANAGER BUDGET GUIDANCE MEMORANDUM C. STORMWATER MANAGEMENT III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. FORMAL SESSION -Virginia Beach Convention Center- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. ELECTRONIC ROLL CALL OF CITY COUNCIL C. MINUTES 1. SPECIAL SESSION January 19, 2021 D. MAYOR'S PRESENTATION 1. AFRICAN AMERICAN HERITAGE MONTH Amelia Ross-Hammond, Founder and Executive Director of Project Management African American Cultural Center , Union Baptist Church 0 41A Bl;,q0 ' � ` . i 0..Olin NA1 Vrodamattott Whereas: R'eoplt of African descent first arrived in Virginia in 1619;and 'Whereas: The first persons ofAfn'can descent in Virginia Beach were likely to have been three indtviduals transported here by Capt.Adam 7horoughgood by 1637;and Whereas: 'The genera(commemoration of the historical contributions of African Americans in Virginia and elsewhere was first established.as Negro?listory Weekin 1926 by a native Virginian,Carter G.Woodson;and Whereas: ''resident GerardR.ford expanded this commemoration and celebration to encompass Black?futory Month in 1976; and Whereas: The theme of the commemoration in 2021 is The BrackrFamily:Representation,Identity andDiversity;and ``'hems: 'The institution of slavery in America,Virginia and focaly created significant challenges to maintaining the family unit for African Americans and 'Mierms Through these challenges the AfricanAmen'can family has persevered and developed strong bonds&Mending through many generations and throughout the community;and %4iereaz 7he African American community has found purpose through family and through the church;and Whereas: AfricanAmencan churches,such as the`Union Baptist Church in Virginia Beach,provide for the spiritual strength and welfare of families;and Whereas The`Union Baptist Church began in this community 158 years ago during the American Civil War;and Whereat: One of the first schools for African American students was established on the grounds of`Union Baptist Church in 1868;and 'Whereat: 'The Princess Anne County Training School-first held'classes in 1934 at the'Union Baptist Church;and 'Whereas Bettie Forbes Williams,a fife-long member of`Union Baptist Church,became the second Supervisor of Negro Elementary Schools in PrincessAnne County in 1946;and Whereas: In 1962,(Bettie Forbes Williams became the only African American to have a school named in her honor in Virginia Beach;and Whereas: 'The'Union Baptist Church congregation of over 300 members now worships in the church's fifth building;and ``here= In 2012`Union Baptist Church erected Rev. D.Thomasine Reid as their pastor,giving her the honor of being the first black female called to pastor a traditional Baptist church in the Tidewater area;and Whereas: In February 2013'Union Baptist church dedicated the ReverendW Samuel Walton Family Life Center;and Whereas: African Americans have overcome enslavement,discrimination and adversity to make positive contributions in all areas of enterprise and service in Virginia Beach,the Commonwealth of Virginia and the'United States ofAmerica; and ```Germs: The Mayor and City Council support the establishment of the Virginia African American Cull uralCenter in Virginia Beach as a hub for African American culture and history and have provided the Deed Transfer andTitde of property in Virginia Beach for that purpose. .WowTltertfwe,I Robert M.Dyer,Mayor of the City of Virginia(Beach,Virginia,do hereby proclaim: F'e6ruary 2021 African American 5feritage 41onti In Virginia Beach, and furthermore call upon the citizens,government agencies,public and private institutions, businesses and schools in Virginia Beach to recognize the contributions of African Americans to the history and development of the city,state and nation and to commemorate this month with appropriate activities. In Witness 444iesrof,I have hereunto set my hand and caused the Official-Seal.of the City of Virginia Beach,Virginia,to be affixed this Second s, of'Fe6nu3ry,Two'Thousand Twenty-One. f;, - ,: _ _ -_-. - .. X4144"">L?/e # - - Ebert M. "Bobby"Dyer • - Mayor r E. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY 5694 Wesleyan Drive to Ebenezer Baptist Church 4 Lt :::; 4 x PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The City Council of Virginia Beach,Virginia at its formal session on Tuesday,February 2,2021 at 6:00 p.m.will conduct a public hearing on the disposition and sale of property located at 5694 Wesleyan Drive (GPIN:1468-15-2253).The public hearing will be held virtually,and participation shall be by the method prescribed below.The purpose of this hearing will be to obtain public input to determine whether this property should be declared"excess of the City's needs" and authorized for sale to Ebenezer Baptist Church. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 1-800-828-1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Real Estate, 2473 N. Landing Road, Building 23, Municipal Center at(757)385-4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: httos://vbgov.webex.com/vbgov/ons tage/g.oh o?MTI D=ef27 bc5246d635 03958b5236ce1825d9b 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov,com prior to 5:00 p.m.on February 2.2021.. All interested parties are invited to participate. Amanda Barnes City Clerk BEACON-JANUARY 24,2021 L.,...../ ,,,,,-„,..„.,„ f psi [ ,..,„4,,,,, „, .,..,.. ,...:, .,..„.„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring City-owned property located at 5694 Wesleyan Drive (GPIN 1468-15-2253) to be in excess of the City's needs and authorizing the City Manager to sell same to Ebenezer Baptist Church PUBLIC HEARING DATE: February 2, 2021 MEETING DATE: February 16, 2021 • Background: The City of Virginia Beach (the "City") purchased the 2.361+/- acre parcel of land at 5694 Wesleyan Drive for $275,000.00 in August 1990 (the "Property"). The Property was originally purchased for a fire station; however, it was later determined to not be suitable for this purpose. In the intervening years, the Property was also used for a neighborhood park, but the use was terminated due to neighborhood opposition and access concerns. The Property was most recently used by the City as a staging site for the Wesleyan Drive Project. Additionally, a strip of the Property (5,375 square feet) was devoted to the Wesleyan Drive improvements for right-of-way and another 5,916 square feet was encumbered with a Verizon easement. Ebenezer Baptist Church (the "Ebenezer") has been leasing the Property since 2014 to accommodate its overflow parking needs. Ebenezer is now interested in purchasing the Property. A Virginia Dominion Power easement encumbers a large portion of the site, limiting the development potential and requiring improvements to be situated close to the intersection to avoid conflicts with the easement. • Considerations: Ebenezer desires to purchase the Property for $75,000. The Property is assessed for $70,800. The Property shall be sold "as is, where is." The Property will be sold with a deed restriction that the City can repurchase the property if it ceases to be used for Ebenezer's church purposes. Since the Property was previously put to a public use, an affirmative vote of three-fourths of the members of City Council is required to authorize the sale. The proceeds from the sale of the Property will be deposited in the General Fund Account #100.405.5000.442020. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and via the normal City Council agenda process. The public hearing will be held on February 2, 2021. • Alternatives: Retain ownership of the Property. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works Real Estate City Manager: pny2 1 AN ORDINANCE DECLARING CITY-OWNED 2 PROPERTY LOCATED AT 5694 WESLEYAN DRIVE 3 (GPIN 1468-15-2253) TO BE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO SELL SAME TO EBENEZER 6 BAPTIST CHURCH 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 9 102,845± sq. ft. of vacant property located at 5694 Wesleyan Drive (the "Property"), and to more particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property by voluntary agreement in 13 1990; 14 15 WHEREAS, the Property was put to public use as a neighborhood park, 16 but this use has since been discontinued; 17 18 WHEREAS, Ebenezer Baptist Church ("Ebenezer") owns 965 Baker 19 Road, which is located on the opposite side of Baker Road from the Property; 20 21 WHEREAS, Ebenezer has offered to purchase the Property for $75,000; 22 23 WHEREAS, Ebenezer will purchase the Property in accordance with the 24 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 25 26 WHEREAS, the City Council is of the opinion that the Property is in 27 excess of the needs of the City of Virginia Beach. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the Property, as more particularly described on Exhibit "A", is hereby 33 declared to be in excess of the needs of the City of Virginia Beach and that the City 34 Manager is hereby authorized to execute any documents necessary to convey the 35 Property to Ebenezer Baptist Church in accordance with the attached Summary of 36 Terms and such other terms, conditions or modifications as may be acceptable to the 37 City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Further, that the revenue from the sale of the Property in the amount of 40 $75,000 shall be received and deposited in the General Fund Account 41 #100.405.5000.442020. 42 43 This Ordinance shall be effective from the date of its adoption. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of _ , 2021. CA14868 R-1 01/11/21 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d012\p037\00693955.doc THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT APPROVED AS TO LEGAL fir/ I SUFFICIENCY Public Works/Real Estate City orney'ls Office U APPROVED AS TO CONTENT Budget & Management Services EXHIBIT "A" LEGAL DESCRIPTION 5694 Wesleyan Drive; GPIN 1468-15-2253: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "GPIN 1468-15-2253 PARCEL A M.B. 169 PG. 15 N/F CITY OF VIRGINIA BEACH D.B. 2936 PG. 2186," and further described as "RESIDUAL PARCEL AREA 102,845 SQ. FT. 2.361 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF- WAY AND EASEMENT HEREBY ESTABLISHED ON THE PROPERTY OF CITY OF VIRGINIA BEACH FOR WESLEYAN DRIVE IMPROVEMENTS CIP 2-145, PWCN 09-0381 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated April 14, 2011, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110727000757000, to which reference is made for a more particular description. SUBJECT TO that certain variable width Verizon South, Inc. easement as shown on the aforesaid plat. SUBJECT TO that certain 150' Virginia Power Easement as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. FURTHER RESERVING unto to the City all traffic control, utility, and drainage easements necessary to operate and maintain any existing facilities on or near the Property, and a 5' traffic control easement along Wesleyan Drive and Baker Road for the placement of streetlight poles and associated infrastructure. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Campus East Associates, Inc. dated August 21, 1990 and recorded in the aforesaid Clerk's Office in Deed Book 2936, at page 2186. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASER: Ebenezer Baptist Church, a Virginia nonstock corporation PROPERTY: 2.361± acres of land located at the corner of Wesleyan Drive and Baker Road known as 5694 Wesleyan Drive (GPIN 1468-15-2253), more particularly described on Exhibit A. SALE PRICE: $75,000 CONDITIONS OF SALE: • The Property will be sold by Special Warranty "As Is, Where Is." • The Purchaser shall reserve unto the City all right, title and interest to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. The Purchaser shall also reserve unto the City all traffic control, utility, and drainage easements necessary to operate and maintain any existing facilities on or near the Property, and a 5' traffic control easement along Wesleyan Drive and Baker Road for the placement of streetlight poles and associated infrastructure. • The Purchaser shall submit a lighting plan to the City's Planning Department for approval prior to the installation of lights on the Property. • The City shall reserve the right of repurchase of the Property for$75,000 in the event the Property ceases to be used in connection with church purposes affiliated with the Purchaser. • Purchaser shall deposit Five Thousand and No/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Purchaser has sixty (60) days from execution of the Agreement of Sale to notify Seller of any conditions that would render the Property unsuitable for Purchaser's intended use. • The City and Purchaser shall each be responsible for their own costs of closing. • Approval of this sale shall be revoked if closing has not occurred on or before February 2, 2022, unless extended by City Council prior to such date. 6 D 0 0 O O ��vs--- \-- 7\ V ,• WOODGREEN R 0. > a � 3 . 0 W _& E`° 'p nn Q� 0��P m LI/ ;ES �o m j 0EqN j ' ATEnR•INAGE ASMNT ; ❑ ❑ iiii, SITE , , * , , , R ,c\\ , pR,s 2_ p VI — 01%', '''.----\ 73 0 D ,<, . y.., \---___ ' 3 ' '' ' �cvI Y OD BLVD0 ' L l ] .__________ _ ____ � 0 ,,, , ,,,, , , lift : MAIN. EASE.1 /\ or 150'VEPCO EASE. MiplA, /�^7O , 468-15-2253 ❑- - 150'VEPCO EAS' - O♦ OT 1468-05-9329 - lj O, ., - [ji - LA3 �. a do N o G 4 � <<� n� O N ZN L • c():) Ito -,EASE. - 4t8i) �� 37* 0,,,,.. ,‘, ..� ����A011' o �A� ‘.****_ .�_:.._.v0, --t1t1Legend a � �� LOCATION MAP Easement Lines �� �►�� ��O� EXCESS CITY PROPERTY Ebenezer Baptist Church 1ri II O5694 WESLEYAN DRIVE p �/ $1 GP`, ;`,,��� GPIN 1468-15-2253 City Property rn - ..._ , ,, r•1468-15-2253 ` , Feet & 14\ �en 0 100 200 400 Prot-lam/1 by PW/Fnn/Fnn Siinrrrt Sarvires Riiraau(Y1/19/9101 X:\Proiects\ARC Files\AGENDA MAPS\Citv Prooertv\1468-15-2253\1469-15-2253 Revised mxd Planningl nning & Communi Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Ebenezer Baptist Church Does the applicant have a representative? no Yes 0 No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Earnest Nimmo,Shirleyy Johnson, Robert Brown, Pebble Mapp, Larry Overton, Debra Blount,and Isaiah Lewis • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) None 1"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage Disclosure Statement Planning Community 94* Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes U No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes •l No • If yes,identify the financial institutions providing the serice. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes in No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes U No • If yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement City cs f tirgtruu fimth Planning &Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes U No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes © No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes NI No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title Date Is the applicant also the owner of the subject property? ❑ Yes I No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date .- Signature Print Name 3IPage Disclosure Statement City<JVtryytatu.Beach Planning & Community . . . Development Continue to Next Page for Owner Disclosure 4IPage Disclosure Statement Coy of Vropma Bewh Planning & Community Development Owner Disclosure Owner Name Applicant Name Ebenezer Baptist Church Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes ❑ No • If yes,list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) Earnest Nimmo,Shirley Johnson, Robert Brown, Pebble Mapp,Larry Overton,Debra Blount and Isaiah Lewis • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) None Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5IPage ..wv�"� � w..G. ws�':�a� aw:..e " � � .'.:.. ... ..k",«&..� �n3@� x...:i�h .... "'�;°"i`xv4 P:'�,�4�mSfb "'�•i-. _'v�»xyb`.ae ,,Disclosure Statement ;. ,. nfVmfmtiE.au�r Planning & Community y ask r Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes U No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 6IPage Disclosure State . Pl-mning & C ommu' Development .a.,..r r.aw .. 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date 7IPage F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code Section 12-21 re coordinator of Emergency Management 2. Ordinance to SUSPEND City Code Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes for Calendar Year 2021 and APPROPRIATE $325,000 from fund balance reserved for Pandemic Relief to provide offsets (Requested by Council Member Tower) Deferred from January 19, 2021 3. Resolution to APPOINT Christopher J. Turpin as Assistant City Attorney, effective February 11, 2021 4. Ordinances to AUTHORIZE a temporary encroachment into a portion of City property known as: a. Pike Inlet at the rear of 321 Teal Crescent re construct and maintain a proposed wharf b. North Bay at the rear of 352 Tuna Lane, located at the rear of 329 Back Bay Crescent re replace and maintain an existing pier and construct and maintain a covered boat lift 5. Ordinance to RELEASE the hold on fourteen(14) Capital Projects and AUTHORIZE the Expenditure of$21.8-Million previously appropriated in the FY2020-21 Capital Improvement Program 6. Ordinance to APPROPRIATE $202,920, increased accordingly, from the Commonwealth of Virginia to the FY2020-21 Sheriffs Operating Budget and AUTHORIZE the payment of $500 Bonuses re locally funded Sworn Officer Appointees 7. Ordinance to ESTABLISH a City Council and a City Manager's Special Pandemic Reserves and TRANSFER from Departments of Police, Fire, and Emergency Medical Services (EMS) FY2020-21 Operating Budgets: $5.4-Million to City Council Special Pandemic Reserve re high-priority City Council initiatives; $3-Million to City Manager's Special Pandemic Reserve re unforeseen pandemic related needs; $1.1-Million to Department of Economic Development re workforce development; $900,000 to Department of Public Works re enhanced pandemic cleaning 4%fLiCfJJ, `,VYvvJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 12-21 of the City Code Pertaining to the Coordinator of Emergency Management MEETING DATE: February 2, 2021 ■ Background: On November 10, 2020, the City Council adopted an ordinance that amended City Code § 2-411 by deleting a statement that the Deputy City Manager for Public Safety is the coordinator of emergency management. This Code section now provides that the City Manager shall appoint the coordinator of emergency management, with the City Council's consent. City Code § 12-21 is inconsistent with the recent update to City Code § 2-411 because it provides that the Fire Chief is coordinator of emergency management. That provision also needs to be removed for consistency. • Considerations: This amendment is a technical update to align City Code § 12- 21 with recently amended City Code § 2-411. • Recommendation: Approval of ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Resources City Manager: ,K0 1 AN ORDINANCE TO AMEND SECTION 12-21 2 OF THE CITY CODE PERTAINING TO THE 3 COORDINATOR OF EMERGENCY 4 MANAGEMENT 5 6 SECTION AMENDED: § 12-21 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 12-21 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 12-21. - Created; composition. 15 16 There is hereby created a fire department, which shall be composed of the fire 17 companies located throughout the city, headed by a fire chief. The fire chief is appointed 18 19 the emergency operations plan. The fire department is an all-hazards response agency 20 and is a fundamental component to emergency services, disaster planning, and 21 emergency management. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Human Resources City Attorney's Office CA15304 R-1 January 12, 2021 [ ( CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Suspend the Tax Imposed by City Code Sections 18-49 and 18-50 for Calendar Year 2021 and to Provide Offsets MEETING DATE: February 2, 2021 • Background: The City imposes local license taxes upon various businesses with licenses from the Virginia Alcohol Beverage Control Authority. These local license taxes are authorized by § 4.1-233 of the Code of Virginia. The local license is in addition to any state approvals and fees. The vast majority of such local licenses are paid by restaurants serving beer, wine, and mixed beverages. This item was deferred from the January 19th meeting to February 2nd • Considerations: The estimated annual revenue from local ABC licenses is $325,000. The attached ordinance suspends these local license taxes for calendar year 2021 . This tax suspension will provide some relief to those businesses that have been hit particularly hard by public health restrictions during the COVID-19 Pandemic. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance REQUESTED BY COUNCILMEMBER TOWER SPONSORED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO SUSPEND THE TAX 2 IMPOSED BY CITY CODE SECTIONS 18-49 AND 3 18-50 FOR CALENDAR YEAR 2021 AND TO 4 PROVIDE OFFSETS 5 6 WHEREAS, the City Council has heard from constituents in the food service 7 industry about the acute economic pain resulting from COVID-19 public health 8 restrictions; and 9 10 WHEREAS, the City Council has created a reservation in its fund balance to allow 11 for Pandemic Relief; 12 13 NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. The license tax imposed by City Code sections 18-49 and 18-50 are hereby 17 suspended for the entirety of calendar year 2021. The Commissioner of the 18 Revenue is hereby requested to provide notice of such suspension to 19 businesses that paid the relevant license tax in 2020 and any other business 20 that would be subject to such license tax. 21 22 2. To provide an offset for the reduction of revenue from loss of license tax 23 revenue, the City Council hereby appropriates $325,000 from the fund balance 24 reserved for Pandemic Relief. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote of a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: J i tt ey's Office CA 15296 R-1 January 12, 2021 [ ze* . ,F,',,, <4` ..* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Christopher J. Turpin to the Position of Assistant City Attorney MEETING DATE: February 2, 2021 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This Resolution appoints Christopher J. Turpin as an Assistant City Attorney, effective February 11, 2021. He will primarily work with the City's general litigation team. ■ Recommendations: It is recommended that the City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney rit b City Manager: R9 1 A RESOLUTION APPOINTING CHRISTOPHER J. TURPIN 2 TO THE POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Christopher J. Turpin is hereby appointed 8 to the position of Assistant City Attorney, effective February 11, 2021 . 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2021 . APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA15307 R-1 January 14, 2021 4' c r4� 'yyt. ro ,e=. .,fig`, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City- Owned Property Known as Pike Inlet Located at the Rear of 321 Teal Crescent MEETING DATE: February 2, 2021 ■ Background: Sean M. Miller (the "Applicant") has requested permission to construct and maintain a proposed wharf (the "Encroachment") adjacent to his property located at 321 Teal Crescent. The proposed Encroachment will extend 5.5' into the City's property known as Pike Inlet. A previous encroachment for the existing bulkhead along the property line with Lot 68 was approved on February 9, 2010 as ORD-3117B. • Considerations: City staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Pike Inlet, which is where the Applicant has requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Location Map, Pictures, Disclosure Statement Form Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate's City Manager: 00 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS PIKE INLET 7 LOCATED AT THE REAR OF 321 8 TEAL CRESCENT 9 10 WHEREAS, Sean M. Miller has requested permission to construct and 11 maintain a proposed wharf (the "Encroachment") within a portion of the City's property 12 known as Pike Inlet located adjacent to his property at 321 Teal Crescent; and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's property subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Sean M. Miller, his heirs, 23 assigns and successors in title, are authorized to construct and maintain an Encroachment 24 in the City's property as shown on the map entitled: "EXHIBIT 'A' ENCROACHMENT 25 REQUEST FOR PROP. WHARF SEAN M. MILLER LOT 67, SECTION 1-B SANDBRIDGE 26 SHORES NORTH (M.B. 103, PG. 24) DATE: NOVEMBER 9, 2020," having a Scale of 1"= 27 25', prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit 28 A and on file in the Department of Public Works and to which reference is made for a more 29 particular description; 30 31 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 32 those terms, conditions and criteria contained in the agreement between the City of Virginia 33 Beach and Sean M. Miller (the "Agreement"), an unexecuted copy of which has been 34 presented to the Council in its agenda, and will be recorded, after execution, among the 35 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 36 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized 38 designee is hereby authorized to execute the Agreement; and 39 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 41 such time Sean M. Miller and the City Manager or his authorized designee execute the 42 Agreement. 1 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE ,f M DAN HA EYE SENT CIT TORNEY CA15187 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p040\00682482.doc R-1 January 6, 2021 2 Ix QC' PIKE INLET PIKE INLET Np'5' N/F CITY OF VIRGINIA BEACH -FLOOD �' \/ 2433-16-9348 PROPOSED EBB <c .. C/ WHARF r 34.0' T - - ,,•„A 48.0' •- - 34.0' - i.u� ITN.; 4$ - _______ i __ �.. __—__—__—__—S 49.12'00"_W 116.00' r REMOVE EXISTING PIER i II (HATCHED) o: 0 o I EX. BKHD OF . I LOT 68 : o z I (; 5' DRAINAGE & UTILITY EASMENT i to PER M.B 103, PG. 24 N w Nc) ri I o 0 y � t) cto •- N ch ,? I LOT67 I Joo �r o o N, z I N/F SEAN M. MILLER - o N 0owD o I 321 TEAL CRESCENT 31 rnoc5 w N � R. -i GPIN: 24331684610000 o f C0 co o °'o (0u) INST: 20160830000773680 5): 0 ( 0 0 0 � o "' c Iw M.B. 103, PG. 24 TrI -' z `� 2 ^ - OZ '0 �' > NN m Coon Ico ZI V) 0 . BCD ( o D to I z I I z PIN SPIN 606.19' TO N 49'12'00" E 116.00' BLUEBILL DRIVE REF: M.B. 103, PG. 24 0 25' 50' MilaIMIIMMI 1"=25' ©2020 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. 171, WATERFRONT EXHIBIT A .� V CONSULTING, INC. ENCROACHMENT REQUEST FOR PROP. WHARF 2589 QUALITY COURT, STE. 323 SEAN M. MILLER VIRGINIA BEACH, VA 23454 LOT 67, SECTION 1-B PH: (757)619-7302 ENGINEERING SERVICES PROVIDED BY: SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24) DATE: NOVEMBER 9, CHESAPEAKE BAY SITE SOLUTIONS, INC. 2020 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 20 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SEAN M. MILLER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee." WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "67," as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA SCALE 1" = 100' JUNE 25, 1967 REV. AUGUST 11, 1967," prepared by Palmer L. Smith, Certified Land Surveyor, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 321 Teal Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed wharf(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 City-owned property known as Pike Inlet (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: 2433-16-9348 (CITY-OWNED PROPERTY KNOWN AS PIKE INLET) GPIN 2433-16-8461 (321 TEAL CRESCENT) 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 is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PROP. WHARF SEAN M. MILLER LOT 67, SECTION 1-B SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24) DATE: NOVEMBER 9, 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 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 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 that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest of maintenance obligation of such encroachments. 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, 3 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, Sean M. Miller, the said Grantee, has caused this Agreement to be executed by his signature. 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/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 By a4 hV I l/A/v Sean M. Miller, Owner STATE OF 0 beca, CITY/COUNTY OF Ok (�1tii c to-wit: The foregoing instrument was acknowledged before me this day of c-DP , 2by Sean M. Miller. DAWN PATTON BUSTIN NOTARY PUBLIC REGISTRATION M 7148276 V\ AL) COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES Notary Public JUNE 30,2023 Notary Registration Number:")(� My Commission Expires: ,Lyle - `/ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE DA A "t. H RMEYF.Ft SENIOR CI TTORNEY ,W/M , vs r*rtt DEPARTMENT 6 tx • QC' PIKE INLET PIKE INLET �"5, N/F CITY OF VIRGINIA BEACH _ <b.4. �%� 2433-16-9348 PROPOSED FLOOD'EBB-� �(F•. v WHARF C 34.0' L. - - i444 4480' - —34.0' - ----_--_ ' •• S 49'12'00" W 116.00' --- •sc— — — — — ----- IT REMOVE EXISTING PIER II 11 (HATCHED) : II\ o ' 0 ro , EX. BKHD OF 1. I LOT 68 ' 0 0 z 0 5' DRAINAGE & UTILITY EASMENT i: \ `.) PER M.B 103, PG. 24 v2 W 0 0 K zm I LOT67 I >- oo �r 0 o r\, Z N/F SEAN M. MILLER i woo N 0 0 D o 321 TEAL CRESCENT 3 Y n o SA N rn I. -1 GPIN: 24331684610000 o , `0 (0o a lo o co cn rn ; INST: 20160830000773680 0 ; o c� 0 0 P o cr H-' M.B. 103, PG. 24 I -' z `4 o '� tvooz ip 0 :NI- I jN � m 0 °coon co z � � � o t o L_ Z - IN Z -< ' I I PIN [ I PIN 606.19' TO N 49'12'00" E 116.00' BLUEBILL DRIVE T ' REF: M.B. 103, PG. 24 0 25' 50' 1"=25' ©2020 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. 1"'1��� WATERFRONT EXHIBIT A �� �CONSULTING, INC.�`J ENCROACHMENT REQUEST FOR PROP. WHARF 2589 QUALITY COURT, STE. 323 SEAN M. MILLER VIRGINIA BEACH, VA 23454 LOT 67, SECTION 1-B PH: (757) 619-7302 SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24) ENGINEERING SERVICES PROVIDED BY: DATE: NOVEMBER 9, 2020 CHESAPEAKE BAY SITE SOLUTIONS, INC. 2 OF 2 4 r; •, a+ '' W- t!JI E s • r 6 4" AI '4. ' 444 4.'' ' ‘11 lk. IP a \ X � 0 011 LOCATION MAP '$ ENCROACHMENT REQUEST FOR Le end „. SEAN M. MILLER 9 GPIN: 2433-16-8461 2433-16-8461 • Feet CITY PROPERTY >, ,4, * w •Y 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 09/11/2020 X:\CADD\Projects\ARC Files\AGENDA MAPS\2433-16-8461\2433-16-8461 Aerial.mxd SITE PICTURES FOR 321 TEAL CRESCENT • • _. r , • 1iE , ,, Or rr 1 • Old Pier to be removed when the new one is installed. Disclosure Statement City of Viryinio Beath Planning & Community - 11111 Development --- The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Sean M. Miller Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. Robert E.Simon,Waterfront Consulting, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes • No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary1 or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage Disclosure Statement 1/13 City of Virginia Bead] Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes i No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ No • If yes,identify the firm or individual providing the service. Kositzka,Wicks&Company 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes S No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ■ No • If yes,identify the purchaser and purchaser's service providers. 2IPage 00.04.-. t. .'4,''I;:,,,frf....mr!,3,1w0g-f-tsw'7'""'ZUlellKilia,,?..,`:5*Ailkti,Ciii.".it:7Y.'.c.:',7.litglk;t,,..'',....94.,::Vi''';:;40.1,::i.,P.r,...k.,Y.,Iii,,r.itif.,,,,,WA.,,,--tr., .711'. .,,' .,;:. ....,- . -....."---,..,,..y.-t,,,_.,.._:.•ft4 f, ,,,.... 1,, . _tlititr'''il,,,,"Ielift':':h ,r-i,''''....., ,..:':-.;2'4*I':'1. 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"Willi' ' '' ' iiiiithi**110/1theialittiOrCipettY? in Yes 0 No • .• , ,.. • tr*1114..4401/414ItikneedAtifinashittlit000#105010.4tOWnen— t• ... ._.. .. • FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting • . that pertains to the applications 0 sielnattir NothismiL1941 °at* .3o:t•. \ at ' %. • *VVI\c`11 . i -e.... P011011001-• I .. • . . -• • i • . 1. I. i.. isVer CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as North Bay at 352 Tuna Lane, Located at the Rear of 329 Back Bay Crescent MEETING DATE: February 2, 2021 • Background: Paul V. and Moira C. Hawkins (the "Applicants") have requested permission to replace and maintain an existing pier and construct and maintain a covered boat lift (collectively, the "Encroachments") at the rear of their property located at 329 Back Bay Crescent. The Encroachments would extend 12' into the City's property known as North Bay at 352 Tuna Lane. • Considerations: City Staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in North Bay, which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map and Disclosure Statement Form Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: `f �, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS NORTH BAY AT 352 TUNA 7 LANE, LOCATED AT THE REAR OF 329 8 BACK BAY CRESCENT 9 10 WHEREAS, Paul V. and Moira C. Hawkins have requested permission to 11 replace and maintain an existing pier and construct and maintain a covered boat lift 12 (collectively, the "Encroachments") within a portion of the City's property known as North 13 Bay at 352 Tuna Lane, located at the rear of 329 Back Bay Crescent; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Paul V. Hawkins and Moira C. 24 Hawkins, their heirs, assigns and successors in title are authorized to construct and 25 maintain the Encroachments in the City's property as shown on the map entitled: "EXHIBIT 26 'A' ENCROACHMENT REQUEST FOR COVERED BOAT LIFT: PAUL & MOIRA 27 HAWKINS LOT 47, BACK BAY MEADOWS SECTION 3 MB 67, P 45," having a Scale of 1" 28 = 30', and prepared by Sigma Environmental Services, Inc., a copy of which is attached 29 hereto as Exhibit A and on file in the Department of Public Works and to which reference is 30 made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 33 to those terms, conditions and criteria contained in the agreement between the City of 34 Virginia Beach and Paul V. Hawkins and Moira C. Hawkins (the "Agreement"), an 35 unexecuted copy of which has been presented to the Council in its agenda, and will be 36 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 37 Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Paul V. Hawkins and Moira C. Hawkins and the City Manager or his 44 authorized designee execute the Agreement. i 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 20 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: rz 4� , Q �,J� r ( 1/ -E (/`-- B-LIC WO K , REAL ESTATE 4i DANA ARMEYER SENIO ITY ATTORNEY CA14859 c:\users\kmessing\desktop\ca14878 hawkins\ordinance frm pw-re.doc R-1 December 4, 2020 2 1 PLAN VIEW CITY OF VIRGINIA BEACH I 352 TUNA LANE SCALE: 1" =30' GPIN:2433-27-3415 Me,j MHW-MHW= 1.80 MILES DEED INSTR.#20070625000848730 o°s 40.2' —♦4 24' �I PLATINSTR.#20070522000686140 -+-- PROPOSED 10'X 10'BOAT LIFT •—� WITH 14'X 24'ROOF 4-EBB/ FLOOD 112' N 38°04'W 160.82' ♦ _ _ ill REPLACE EXISTING 4'X 16'PIER+6'X 16' 11:11'v�� — L-HEAD WITH 6'x 16'PIER+8'X 24'L-HEAD = 41.1 _ _ - _ - _ - - •_-_•-%wig•-•-•- MHW _.. ------ -•'• — tt • jam O.! i N ♦ EXISTING STACKED WOOD pNls RETAINING WALL ,. , n h INSTALL NEW RETAINING WALL OUTBOARD LIMITS OF EXISTING RIP-RAP REVETEMENT j an a ~ co ti 1 m M MEM no c '— = SFR #329 MATERIAL SPECIFICATIONS: D PILES:8'TIP CCA 2.5#PCF(MLP-88) 0 FRAMING:CCA 2.5#PCF(MLP-88) - DEADMAN:CCA 2.5#(MP-88) LOT 46 TOP PLATE:0.4#PCF(LP-22) ROBERT&ANN BOHANNON II"I' I I Ili Ii I I I HARDWARE:HOT DIPPED I"I If�J„ GALVANIZED(ASTM-A153) FAMILY TRUST INST#20180702000535110 LOT 47 ; : BACK BAY MEADOWS PAUL V.&MOIRA C.HAWKINS ;.:.•; SECTION 3 BACK BAY MEADOWS LOT 48 GPIN:2433 22-9101 SECTION 3 TRACY M.FABIAN&STEPHEN M.FABIAN MB 67 P 45 INST#20150720000683330(DEED) MB67P45 GPIN:2433-22-7290 BACK BAY MEADOWS DB 4450 P2030(DEED) SECTION 3 GPIN:2433-22-7343 L=71.58' MB 67 P 45 764.77'TO SAND BEND R=125 ANG(F igpN lFj 4,4,F/ GRAPHIC SCALE BACK BAY CRESCENT(50'R/W) 0 30 MB 67,P45 MM. iiii F. SIGMA ENVIRONMENTAL SERVICES, INC. 15 45 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 EXHIBIT"A" PROJECT: REPLACE PIER, INSTALL ENCROACHMENT REQUEST COVERED BOAT LIFT&UPLAND FOR COVERED BOAT LIFT: WATERWAY: NORTH BAY RETAINING WALL PAUL&MOIRA HAWKINS LOT 47,BACK BAY MEADOWS DATUM: 0.00'MLW=-1.5'NAVD 1988 SECTION 3 MB 67,P 45 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PAUL V. HAWKINS and MOIRA C. HAWKINS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "47" as shown on that certain plat entitled: "SECTION 3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORP. PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA", dated July 16, 1964, having a Scale of 1" = 100', and prepared by W. B. Gallup, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 329 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to replace and maintain an existing pier and construct and maintain a 10' x 10' covered boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-27-3415 (352 Tuna Lane - CITY PROPERTY) GPIN: 2433-22-7290 (329 BACK BAY CRESCENT) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property located at 352 Tuna Lane also known as North Bay, 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 COVERED BOAT LIFT: PAUL & MOIRA HAWKINS LOT 47, BACK BAY MEADOWS SECTION 3 MB 67, P 45," having a Scale of 1" = 30', and prepared by Sigma Environmental Services, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 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 3 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. 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. 4 IN WITNESS WHEREOF, Paul V. Hawkins and Moira C. Hawkins, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 PAUL V. HAWKINS, Owner N6-,4(AC_ ,66. )4;) MOIRA C. HAWKINS, Owner STATE OF CITY/COUNTY OF Vi►26,1NiA 3 1t- , to-wit: The foregoing instrument was acknowledged before me this 2 day of boo M , 2020, by Paul V. Hawkins and Moira C. Hawkins. (� 7??' ( (SEAL) frit Notary Public ANATALIA S.CUNANAN Notary Registration Number: 1/0 6`►q7 4 Notary Public Commonwealth of Virginia My Commission Expires: 07- 31-A0,24 Registration No. 7106997 I My Commission Expires Jul 31, 2024 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 4stlith U RE1141)-j DA#1EYERThSENITY ATTORNEY DEPARTMENT 7 I PLAN VIEWCITY OF VIRGINIA BEACH 352 TUNA LANE SCALE: 1" =30' GPIN:2433-27-3415 4'6:: MHW-MHW= -1.80 MILES DEED INSTR.#20070625000848730 p4s 40.2' 24' — I PLAT INSTR.#20070522000686140 2' PROPOSED 10'X 10'BOAT LIFT ,EBB T �� WITH 14'X 24'ROOF FLOOD 12' N38°04'W 160.82' + _c_-=--— - - -•_ _'_ _'_'-.-.1i1I - ...r—ar_ r--••-- -. REPLACE EXISTING 4'X 16'PIER+6'X 16' ..mosipa ---�• "� 7 L-HEAD WITH 6'x 16'PIER+8'X 24'L-HEAD �i1'" ? • _OW `gyp. - ••�- 0i i i 't -4---- EXISTINGSTACKED WOOD P'Nt.s ' RETAINING WALL M is' I LA INSTALL NEW RETAINING WALL OUTBOARD LIMITS OF EXISTING RIP-RAP REVETEMENT h A = W J ti .' � 'U 40 iln m NOM ^) r mem ^o m - 2 q SFR #329 MATERIAL SPECIFICATIONS: PILES:8"TIP CCA 2.5#PCF(MLP-88) .o FRAMING:CCA 2.5#PCF(MLP-88) DEADMAN:CCA 2.54(MP-88) LOT 46 TOP PLATE:0.4#PCF(LP-22) HARDWARE:HOT DIPPED ROBERT&ANN BOHANNON III I I GALVANIZED(ASTM-A153) FAMILY TRUST INST#20180702000535110 LOT 47 — • • • BACK BAY MEADOWS PAUL V.&MOIRA C.HAWKINS;• •:.•:;,...:• {'; SECTION 3 BACK BAY MEADOWS LOT 48 GPIN:2433 22-9101 SECTION 3 • TRACY M.FABIAN&STEPHEN M.FABIAN • MB 67 P 45 INST#20150720000683330(DEED) MB67P45 GPIN:2433-22-7290 BACK BAY MEADOWS DB 4450 P2030(DEED) SECTION 3 GPIN:2433-22-7343 L=71.58' • • • MB67P45 764.77'TO SAND BEND R=125' ANCIf I RCN ir) p/H(,) GRAPHIC SCALE BACK BAY CRESCENT(50'R/W) 0 l 30 MB 67,P45 r SIGMA ENVIRONMENTAL SERVICES, INC. 15 45 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 EXHIBIT"A" PROJECT: REPLACE PIER,INSTALL ENCROACHMENT REQUEST COVERED BOAT LIFT&UPLAND FOR COVERED BOAT LIFT: WATERWAY: NORTH BAY RETAINING WALL PAUL&MOIRA HAWKINS LOT 47, BACK BAY MEADOWS DATUM: 0.00'MLW=-1.5'NAVD 1988 SECTION 3 MB 67,P 45 411 .',-ter 'AR 'sI - IIIIr Il rllllll 111 ,...0.0101., , 1 41 ' 4 3�rd ^ .tee 3 "f; iLr ems+• � _ � /_i.� yam„ -•� :` r. 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I:I ,,.....' . . . ‘..,..., ., .... ... . ..LOCATION MAP litt • _ ..., : - - ENCROACHMENT REQUEST viiIP' PAUL V. & MOIRA C. HAWKINS Legend 329 BACK BAY CRESENT I City Properties • GPIN 2433-22-7290 IMMEN•=11MMEM Feet C:I 2433-22-7290 ., 50 1 i 0 20 0 1- •! AL A, .. i-T. A r./ . -,.La .• --'-' - - :.. ..'., J/ .,_,'LI ":"' "IP•'•TO- SIM-P., .es"v 1 1" ' :-.),I.J.1 TiOr I id. J-.,.:2- 2 -ti• N H _ /• N . \ \ Si W ,� r ,,,,\ °�+,. ''`7-""' , 4. w �i. W 00 , r /f �V� \ / �\ `\ § � UU N \ F— )c0.x3-.... cccVC0 H O m /..,_,.,/—---..,-f d....r.r,))i) \ \ UO U V Z = 1 '.\/\.. ‘)<\-,\.•-' ',--,''''-,. . /' ',` r Q o2S d r> .,•.ls.IiI)l'i V J N ` Z = M Q W J ..'., N r \ N I t f \ / f- ,,-- ___ \ , / .. \ .... ,, .„ 7, / / / 5l � ll 1 1 I\ --------- _I\ i i i 3 0 N L N N Q) in 5 a l 3 a ri C C.) " d (A fm J 0 oil — i Disclosure Statement ` planning The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure k Applicant Name �� /194,4 ,/1Zes2(dtVe //19e ."-ld5 Does the applicant have a representative? Yes 0 No • If yes,list the name of the/representative. / 41i i(j/a/ Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes Af No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary)or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage 'NBDisclosure Statement .f. ..:-u x, . - ,r,-- ; Planning & Community Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? 0 Yes lif No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering an •' ancing in connection with the subject of the application or any business operating or to be operated on the property? dyes No (/If yes, entify the financial institutions providing the serice.fit! V 424c - ? ' Ail 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes PtNo • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes X No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?A Yes ❑ No • If yes,identify the firm and individual providing the service. Szq m/9 £J V:DIO/0%e d/.A/ SblIVZCS AAJC. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes %No • If yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure StatementNAB : ' Planning 8Z Commu .::, . .. .. _ Development -- 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes X NO • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ',NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes D<NO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. R44/ / ./ Applican Sinature , gel/ V h/,21.1A '23(s Print Name and Title Date Is the applicant also the owner of the subject property?A Yes 0 No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date ` as _a0a1 Signature /�, Print Name � 3IPage .... .....- DisclosureStatementif il- , .., ____ ,.1 i-i-..,--- ..-- Planning &F(-`ton4uwt ni I)t weft pipit , _= Continue to Next Page for Owner Disclosure 4IPage li1/4/3 Disclosure Statement Planning 8z Community Dffelopment .er,c. .. ...< Owner Disclosure Owner Name ) '/ /áJ)ZJ Applicant Name / /9L// /4 i, 4 /.OS Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No • If yes,list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity`relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes gi No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. SIPage Disclosure Statement Planning & Community Development *V0000.0.00P. - Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 1:4 No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes TX No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes g No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner rovided in connection with the subject of the application or any business operating or to be operated on the property? Yes 0 No • If yes,identify the firm and individual providing th serv)'ce. S7 i-fig E 1/7/To/123C 1 A/ Se 1/ s. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes >it No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes g No • If yes,identify the firm and individual providing the service. Wage Disclosure Statement NIB Planning & Community nevelopme 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes g No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. PaG(4 ?k///-e--- r. - F Owner 'gnature Print Name and Title Date / 7IPage ric'." --c-‘)1 N s-� S) [ ,---.,-, •'`` ,: `e CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Release the Hold on Fourteen Capital Projects and to Authorize the Expenditure of $21.8 Million Previously Appropriated in the FY 2020-21 Capital Improvement Program MEETING DATE: February 2, 2021 ■ Background: The emergence of the coronavirus pandemic in the Spring of 2020 caused the City to exercise financial caution amidst a period of great economic ambiguity. Among the actions recommended at the time by the City Manager and adopted by the City Council in the FY 2020-21 CIP was a "COVID-19 Revenue Shortfall Stabilization Reserve." This reserve placed holds totaling $21.8 million within fourteen different CIP projects. By reserving these funds from being spent, the City ensured that money would remain available should it be needed for other purposes. A list of the projects and their respective reserved amounts can be found below: Beach Replenishment II, $2,550,000 Police Radio Encryption, $3,302,428 Bus Stop Infrastructure and Accessibility Improvements, $648,969 Shipps Corner Road Improvements, $2,100,000 Upton Drive Extended and Dam Neck Stations Imp., $1,286,780 Various Site Acquisitions III, $343,644 Heritage Building Maintenance II, $575,000 Community Recreation Centers Repairs and Renovations III, $1,000,000 Parks and Special Use Facilities Development/Reno, $950,000 PD — Special Investigations Video Storage, $400,000 Pleasure House Road Street Imp. — Phase I, $150,000 Pleasure House Road Street Imp. — Phase II, $357,376 Winston-Salem Avenue Improvements, $7,565,191 Virginia Aquarium Monument Signs, $600,000 a Considerations: In the Capital Improvement Plan Appropriation Ordinance, the City Manager was instructed to not authorize or approve the expenditure of the amounts stated above. After over half a year of realized revenues in FY 2020-21, City management recommends a release of the hold on these expenditures. a Public Information: This item will be advertised through the normal Council agenda process. Additionally, a public briefing was conducted for the City Council on January 19, 2021 . ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: fte 1 AN ORDINANCE TO RELr-i,SE THE HOLD ON FOURTEEN 2 CAPITAL PROJECTS AND TO AUTHORIZE THE 3 EXPENDITURE OF $21.8 MILLION PREVIOUSLY 4 APPROPRIATED IN THE FY 2020-21 CAPITAL 5 IMPROVEMENT PROG M 6 7 WHEREAS, in Section 8 of the FY 2020-21 Capital Improvement Program Budget 8 Ordinance, the City Council set asith' $21.8 million from fourteen CIP projects for a 9 “COVID-19 Revenue Shortfall Stabilization Reserve;°' and 10 11 WHEREAS, due to the City's present rev-nue outlook, this reserve is no longer 12 necessary. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGNIA BEACH, \AROMA THAT: 16 17 The City Council hereby r:leases the hold on the fourteen capital projects listed in 18 Section 8 of the Capital Improvement Program Appropriation Ordinance and authorizes 19 the expenditure of $21.8 million previously appropriated for the purposes set forth in the 20 respective capital projects. Adopted by the Council of the City of Vie finia teach, Virginia, on the day of 2021. APPROVED AS TO CONTENT: APPRO ED AS TO LEGAL SUFFICIENCY: I / Budget and Management •Services rn Office CA15306 R-1 January 21, 2021 CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Appropriate Funds from the Commonwealth to the Virginia Beach Sheriffs Office and to Approve $500 Bonuses for Locally Funded Sworn Officer Appointees MEETING DATE: February 2, 2021 Background: In Chapter 56 of the Virginia Acts of Assembly, Special Session I (amendments to the 2020-22 Biennium Budget), the General Assembly provided funds to enable all local sworn constitutional officers and their staffs, including sheriffs and deputy sheriffs, to receive a $500 one-time bonus. To implement this bonus, the General Assembly made funds available to the Compensation Board and, rather than directly paying officers, the Compensation Board opted to direct local governments to make the payment on their behalf, with sufficient funds to be reimbursed by the Compensation Board. All individuals hired into a funded Compensation Board position on or before December 1, 2020 are eligible for this bonus, but those who left their position prior to December 1, 2020 are not. Under those guidelines, the Virginia Beach Sheriffs Office had 377 eligible individuals. The Sheriffs Office also has 32 100% locally funded sworn officers who otherwise meet the eligibility criteria but will not receive a bonus from the Commonwealth because they are not in positions that are reimbursed by the Compensation Board. To ensure fairness for all sworn officers, the Sheriff does not want to exclude these locally funded officers and therefore requests that these 32 also receive a $500 bonus. ■ Considerations: The bonuses provided by the Commonwealth already have been paid by the City of Virginia Beach using existing salary appropriations in the Virginia Beach Sheriffs Office's FY 2020-21 Operating Budget. This action will accept the reimbursement payment from the Compensation Board for the 377 eligible individuals and will appropriate the funds into the Virginia Beach Sheriffs Office's FY 2020-21 Operating Budget. Thus, this action will make the Virginia Beach Sheriffs Office whole for the prior use of its existing funds. The total reimbursement received from the Commonwealth is $202,920, which includes $188,500 for the bonuses and $14,420 to cover employer-paid payroll taxes. Additionally, this ordinance will authorize the Sheriff to provide $500 bonuses to the 32 locally funded sworn appointees. The Sheriff will pay for the cost of these bonuses, which total $17,224 (including the cost of employer-paid payroll taxes), from vacancy savings in the Virginia Beach Sheriffs Office's existing FY 2020-21 Operating Budget. • Public Information: Public information will be handled `through the normal Council Agenda notification process. Information regarding this bonus was also provided in the City Manager's Friday Packet of January 15, 2021. ■ Attachment: Ordinance Recommended Action: Approval Submitting Depar tment/Agency: Virginia Beach Sheriffs Office City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 COMMONWEALTH TO THE VIRGINIA BEACH SHERIFF'S 3 OFFICE AND APPROVE $500 BONUSES FOR LOCALLY- 4 FUNDED SWORN OFFICER APPOINTEES 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA THAT: 8 9 1. $202,920 from the Compensation Board of the Commonwealth of Virginia is 10 hereby accepted and appropriated, with funds from the Commonwealth increased 11 accordingly, to the FY 2020-21 Operating Budget of the Virginia Beach Sheriffs 12 Office. 13 14 2. The payment of $500 bonuses to locally funded sworn officer appointees of the 15 Virginia Beach Sheriff's Office is hereby approved. These appointees are not 16 reimbursed by the Compensation Board and are therefore ineligible for bonuses 17 provided for by the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services • 's Office CA15309 R-1 January 19, 2021 [ ,OCA:i41., 4 rc"*''L L7 Z (e si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Two Special Reserves for Pandemic Relief and Vaccine Support, to Transfer Funds from the Departments of Police, Fire, and Emergency Medical Services to Non-Departmental for the Reserves, and to Transfer Funds to the Departments of Economic Development and Public Works for Workforce Development and Pandemic Cleaning MEETING DATE: February 2, 2021 • Background: On December 15, 2020, a status update was provided to the City Council on the City's use of funds from the Coronavirus Relief Fund Grant (the "Grant"). Since that presentation to the Council, the United States Congress, in Section 1001 of Title X of Division N, "Additional Coronavirus Response and Relief," of the Consolidated Appropriations Act, 2021, extended the deadline for the use of the Grant from December 30, 2020 to December 31, 2021. Notwithstanding this extension, the City Manager intends to close the Grant in early 2021 . The Grant, through public safety and public health payroll allocation, has created capacity within the General Fund to redirect $10.4 million in local funding from public safety budgeted payroll to other needs related to pandemic. • Considerations: Pandemic related costs are anticipated to continue impacting City operations for the remainder of FY 2020-21. Of the total $10.4 million, it is recommended that $5 million be transferred for the use by City staff to address some of the anticipated needs for the remainder of the year. The remaining $5.4 million will be set aside for future needs. From the $5 million, the following needs are expected: • $900,000 for enhanced cleaning efforts by the Department of Public Works; • $1.1 million for workforce development by the Department of Economic Development; and • $3 million into a dedicated reserve for use by the City Manager to address unforeseen pandemic related needs in a timely manner. These costs may include but are not limited to additional personal protective equipment, IT and work-from-home related costs, or assisting with vaccination efforts. The remaining funds, $5.4 million, will be set aside to establish and provide appropriations for the City Council Special Pandemic Relief and Vaccine Support Reserve. These funds are intended for high-priority City Council initiatives. In addition to the $10.4 million, there maybe be a need to return to the City Council if there are additional amounts unneeded in open purchase orders related to the pandemic response. The City Manager will provide updates regarding the closing of these purchase orders in the coming weeks and months. • Public Information: Normal Council Agenda notification process. • Recommendations: Approve the attached ordinance • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager:P W 1 AN ORDINANCE TO ESTABLISH TWO SPECIAL 2 RESERVES FOR PANDEMIC RELIEF AND VACCINE 3 SUPPORT, TO TRANSFER FUNDS FROM THE 4 DEPARTMENTS OF POLICE, FIRE, AND EMERGENCY 5 MEDICAL SERVICES TO NON-DEPARTMENTAL FOR THE 6 RESERVES, AND TO TRANSFER FUNDS TO THE 7 DEPARTMENTS OF ECONOMIC DEVELOPMENT AND 8 PUBLIC WORKS FOR WORKFORCE DEVELOPMENT AND 9 PANDEMIC CLEANING 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA THAT: 13 14 1. A City Council Special Pandemic Relief and Vaccine Support Reserve is hereby 15 established within Non-Departmental of the General Fund in the City's FY 2020- 16 21 Operating Budget. 17 18 2. $5.4 million is hereby transferred from the salary accounts of the FY 2020-21 19 Operating Budgets of the Departments of Police, Fire, and Emergency Medical 20 Services to the City Council Special Pandemic Relief and Vaccine Support 21 Reserve. 22 23 3. A City Manager's Special Pandemic and Vaccine Support Reserve is hereby 24 established within Non-Departmental of the General Fund in the City's FY 2020- 25 21 Operating Budget. 26 27 4. $3 million is hereby transferred from salary accounts of the FY 2020-21 Operating 28 Budgets of the Departments of Police, Fire, and Emergency Medical Services to 29 the City Manager's Special Pandemic and Vaccine Support Reserve. 30 31 5. $1.1 million is hereby transferred from the salary accounts of the FY 2020-21 32 Operating Budgets of the Departments of Police, Fire, and Emergency Medical 33 Services to the Department of Economic Development for workforce development. 34 35 6. $900,000 is hereby transferred from the salary accounts of the FY 2020-21 36 Operating Budgets of the Departments of Police, Fire, and Emergency Medical 37 Services to the Department of Public Works for enhanced pandemic cleaning 38 needs. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A o y's Office CA15310/R-2/January 27,2021 H. UNFINISHED BUSINESS I. NEW BUSINESS J. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@vbgov.com or call 385-4303. If you wish to make comments during the meeting, please follow the two-step process provided below: 1. Register for the WebEx at: hops://vbgov.w ebex.com/vbgov/onstage/g.php?MTID=ef2 7bc5246d63 503 95 8b 523 6ce 1825 d9b 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes@vbgov.com prior to 5:00 p.m. on February 2, 2021. lag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/19/2021 PAGE: I B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T 1 0 BC DNOMOOL W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ER NDN I I. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL UPDATE Wendy Hu,Acting Co- Director—Finance B. RELEASING FUNDING David A.Bradley, RESTRICTIONS ON CERTAIN CIP Deputy City Manager PROJECTS III. CITY COUNCIL DISCUSSION Funding Allocation of Remaining Pandemic Funds C. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. SPECIAL SESSION January 5,2021 2. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y SPECIAL SESSION January 12,2021 D. PUBLIC HEARINGS 1. PROPOSED CAFE FRANCHISE NO SPEAKERS AGREEMENT 27th Atlantic,LLC t/a Oscars Oceanfront at 2613 Atlantic Avenue 2. FRANCHISE FOR CITY-OWNED NO SPEAKERS PROPERTY 15''Street Pier 3. POLLING PLACE CHANGE NO SPEAKERS Bonney Precinct to Princess Anne High School F.1. Ordinance to GRANT a Franchise ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement for an Open Air Café in the CONSENT Resort Area to 27`h Atlantic,LLC,t/a Oscars Oceanfront Café at 2613 Atlantic Avenue re Boardwalk Café F.2. Ordinance to GRANT a Franchise to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Entertainment,Inc.,for the use of City CONSENT Property at the Oceanfront and 15th Street re operation of the Virginia Beach Fishing Pier F.3. Ordinances to AMEND City Code Section: ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. 10-1 re Bonney Precinct Polling Place to Princess Anne High School b. 18-92 re distinction between a pawnbroker and pawnshop for a business license CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/19/202I PAGE: 2 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C D N OMOOL W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ERNDN F.4. Ordinance to DECLARE 2.759+/-acres of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y land located at 212 Fair Lady Road and the vacant lot at the intersection of Fair Lady Road,Elon Drive and London Bridge Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell same to Performance Collison Centers, LLC re construct an automotive repair garage F.5. Resolution to AUTHORIZE the issuance ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Development Authority Revenue Bonds CONSENT in an amount not to exceed$39-Million re acquisition,renovation,rehabilitation, equipping,and improvement of a 208- Unit multifamily affordable residential housing facility for The Atlantis Apartments Project F.6. Ordinance to AUTHORIZE five(5)full- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y time positions for Virginia Aquarium re CONSENT staff the new South Building facility and accommodate new programming F.7. Ordinance to SUSPEND City Code DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Sections 18-49 and 18-50 re Alcoholic FEBRUARY 2,2021, Beverage License Taxes for Calendar BY CONSENT Year 2021 and APPROPRIATE$325,000 from fund balance reserved for Pandemic Relief to provide offsets(Requested by Council Member Tower) F.8. Resolution to ADD a Legislative Request ADOPTED,BY I I-0 Y Y Y YYY Y YYYY to the 2021 Legislative Agenda to support CONSENT four(4)bills(Requested by City Council): a. Senate Bill 1 119 re assist with costs of purchasing,operating and maintaining body-worn camera systems; b. House Bill 1859 re allow localities greater flexibility in administering Commercial Property Assessed Clean Energy(C- PACE)financing programs; c. House Bill 2042 re allow localities to adopt local tree replacement and planting ordinances that exceed previous minimum requirements to address recurrent flooding and comply with local comprehensive plan; d. House Bill 1738 re allow local governing bodies to create up to three(3)Outdoor Refreshment Areas(ORA)within their localities,authorizing patrons of restaurants or other businesses with an ABC retail license located in the area to leave the business and lawfully walk withing the ORA with an alcoholic beverage CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/19/2021 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W B U E J R T I 0 B C DNOMOOL W 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R Y S S ERNDN F.9. Resolution to APPROVE a Memorandum ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Understanding(MOU)with the Virginia CONSENT Port Authority re placement of sand F.10. Ordinance to EXTEND the date to satisfy ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the conditions to January 20,2022 re CONSENT closure of approximately 2,176 square foot unimproved portion of right-of-way adjacent to 770 Woodstock Road F.11. Resolution to DECLARE the proposed ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y location of Westview Apartments a CONSENT Revitalization Area re qualify for Virginia Housing Financing F.12. Ordinances to APPROPRIATE: ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. $8,420,000 from the Fund Balance of the General Fund and AUTHORIZE a grant to the United Way of South Hampton Roads re provide emergency assistance to residents and small woman-owned and minority owned(SWAM)businesses b. $1.5-Million to a dedicated reserve re Virginia Beach Vaccination Initiative G.l. COLLIER&ASSOCIATES,LP fora APPROVED/ 7-4 Y Y Y NNNY YYNY Condition Change of Zoning from A-18, PROFFERED A-24 Apartment Districts&R-7.5 and R- 10 Residential Districts to Conditional PD- H2 Planned Unit Development,R-7.5 Residential,A-24&A-36 Apartment Districts re redevelopment of an existing apartment complex at 2352,2348&4701 Windway Lane;4753 Birdsong Lane;2324 &2336 Pleasure House Road DISTRICT 4—BAYSIDE G.2. PERFORMANCE COLLISION APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CENTERS,LLC,&THE CITY OF PROFFERED/ VIRGINIA BEACH for a Conditional CONDITIONED,AS Change of Zoning from R-5D Residential AMENDED District&A-12 Apartment District to Conditional I-1 Light Industrial District and a Conditional Use Permit re automotive repair garage at 212 Fair Lady Road DISTRICT 6—BEACH G.3. KIM DEROCHEBLAVE BARKER for APPROVED/ 9-2 Y Y Y N Y NY Y Y Y Y a Conditional Use Permit re short term CONDITIONED rental at 3625 East Stratford Road DISTRICT 4—BAYSIDE G.4 RED LION PROPERTIES,LLC,for a APPROVED/ 9-2 Y Y Y NYNY Y Y Y Y Conditional Use Permit re short term CONDITIONED,BY rental at 401 21'Street,Unit 5 CONSENT DISTRICT 6—BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/19/2021 PAGE: 4 B AGENDA ITEM# SUBJECT MOTION VOTE R A L H W W B U E J R T I 0 B C DNOMOOL W 0 O C Y L NOUWS 0 T T HEE E S S E O O E T I R Y S S ER NDN G.5. SCOTT&JEANNIE WILLIAMS fora APPROVED/ 9-2 Y Y Y NY NY Y Y Y Y Conditional Use Permit re short term CONDITIONED,BY rental at 223 64th Street CONSENT DISTRICT 5—LYNNHAYEN G.6. 4500 OCEANFRONT,LLC,for a APPROVED/ 9-2 Y Y Y N Y NY Y Y Y Y Conditional Use Permit re short term CONDITIONED,BY rental at 4500 Ocean Front Avenue CONSENT DISTRICT 6—BEACH G.7. WALTER LEE BURNETTE for a DENIED 2-9 N N N NNNN YNNY Conditional Use Permit re short term rental at 926 Maryland Avenue DISTRICT 6—BEACH G.8. JAMES&KELLY TREBOUR for a DENIED 2-9 NNNNNNN YNNY Conditional Use Permit re short term rental at 939 Maryland Avenue DISTRICT 6—BEACH G.9. WRIGHT TURN,LLC,fora Conditional APPROVED/ 9-2 1 Y Y N Y N Y Y Y Y Y Use Permit re short term rental at 938 CONDITIONED,BY Delaware Avenue DISTRICT 6—BEACH CONSENT H/I/J ADJOURNMENT 10:44 PM