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Home My WebLink AboutFEBRUARY 2, 2021 SPECIAL SESSION MINUTES 4 ' e6. al It - VtirV VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 2, 2021 Mayor Dyer called to order the SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY COUNCIL on Tuesday, February 2, 2021, at 4:00 P.M Mayor Dyer personally opened the meeting in the Virginia Beach Convention Center, Suite 5, while all other members of City Council appeared electronically via WebEx. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None I I 2 ITEM LA MAYOR'S CALL FOR SPECIAL SESSION ITEM#71234 Mayor Dyer read the Mayor's Call for the SPECIAL MEETING: January 28, 2021 "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 VIRGINIA 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/ons tage/g.php?MTID=ef2 7 bc5 24 6d63 50395 8b5 236ce1825d9b 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.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Sincerely, s/ Robert M. Dyer Mayor" Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office February 2, 2021 } City of Virginia Beach irrtemw Op OUR NA"oN VBgov.coin ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR 24011 COUM 234 RTGHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 January 28, 2021 BDYERIBVBGOV.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 VIRGINIA 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=ef27bc5246d 63503958b5236ce1825d9b 2. Register with the City Clerk's Office by calling 757-385-4303 or via email at abarnes(iIvbgov.corn prior to 5:00 p.m. on February 2, 2021. The City Council meeting will be streamed live on www.vbgov.com 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 3 ADD ON CITY MANAGER'S BRIEFINGS VACCINATION UPDATE ITEM#71235 4:06 P.M. Mayor Dyer welcomed Patrick A. Duhaney, City Manager. City Manager Duhaney advised he wanted to provide a brief summary on the vaccination progress and read the following statement: "Mayor and Members of Council, Thank you for allowing me to update you on the vaccination clinic operations and the status of several related initiatives. Some of the questions we are getting from citizens suggests it would be helpful to start with a brief overview of how the overall effort is organized and where various responsibilities lie. The City of Virginia Beach has a support role to the State, especially the Virginia Department of Health and the local office, the Virginia Beach Department of Public Health. The state oversees the vaccine supply, the distribution to localities,staffing clinics, selecting and notifying people who have pre-registered for the vaccination waitlist. It takes more than 100 people to operate an 8-hour clinic, which exceeds the staffing capabilities of the state. We are blessed to have volunteers with EMS, the Medical Reserve Corps and CMRC and Community Emergency Response Team, or CERT, to augment the paid staff.It is an incredible operation and it simply could not be done without the support of these volunteers. However, as you can imagine, we are concerned about the ability to sustain this level of commitment over a prolonged period of time. This is one area in which we have stepped in and committed substantial City resources.As I reported to you last week, we have redeployed some City staff from their usual assignments to support the vaccination clinics at the VBCC. While we are working to minimize the service disruptions these temporary reassignments might cause, it is possible there may be delays or intermittent closures so we can continue to operate the clinics. This is especially true as the weeks progress. To date: • As of this morning, 60,232 people have pre-registered in the portal we stood up a week ago. • About 40%of those are seniors over the age of 65 • 16,500 first doses and 289 second doses have been provided to people eligible in the IA and IB groups through 11 Virginia Beach points of distribution, or PODs • There are 3 PODs this week with 2000 first doses each, so we will have vaccinated about 22,500 people by the end of the day Thursday o VBDPH has started pulling names of people from the portal February 2, 2021 4 CITY MANAGER'S BRIEFINGS VACCINATION UPDATE ITEM#71235 (Continued) o They are focusing predominantly on the top tier of the 1 B group, which is seniors—50%of the vaccines are going to people who are over 65 and half is being administered to the 1 B essential workers like medical staff, teachers,firefighters,police officers and childcare workers. o Candidates receive an email with their assigned date. They still have the ability to pick an appointment time. The Health Department is selecting names based on the order they signed up and the category they meet. • Keep in mind these numbers do not reflect vaccines being administered by Sentara or pharmacies • The Health Department reports Virginia Beach can expect to receive 5,225 doses for the next few weeks. • This amount is based upon our population size and not all of it will come to the Convention Center clinic. The Health Department has to address all participating partners, such as hospitals,pharmacies, and providers. • We know the pace is not where any of us want it to be. The Health Department has made a point of stressing that all of the vaccine received locally has been administered, but as you know, the supply continues to be a problem, not just here but around the country • We have been made aware of the possibility that the state may create some megasites to provide vaccinations. We don't have many details about it yet but one of the possibilities would be to augment the operations at the VBCC to increase the total number of potential vaccinations from around 3000 a day to 4800. I will let you know if those discussions progress and its possible impacts to the City • I know we would all like to see additional sites activated so people have more choices for where they can get the vaccine, but the supply shortage is hindering those efforts • One of the issues we have heard about involves the state's recent transition to a new scheduling system called PrepMod.According to the Health Department, the new software offers a more user-friendly interface and controls for scheduling, but there have been logistical issues they are working through. • People have questioned the URL because it doesn't reflect the state or the Health Department and the link for rescheduling appointments was not working. No new individuals will be added to VAMS—only second dose appts will be managed through the old system. February 2, 2021 5 CITY MANAGER'S BRIEFINGS VACCINATION UPDATE ITEM#71235 (Continued) COVID-19 Vulnerable Populations Outreach Vaccination Pilot Program: We have shared with the Health Department the concerns you and others have raised about addressing health equity concerns, including but not limited to: language barriers, digital access barriers, transportation to /from POD sites, the need for more POD sites and mobility issues on site at POD locations. To meet the vaccination needs of the most vulnerable populations impacted by COVID-19 (people older than 65 and those who are 16-64 years old who have underlining health conditions), City staff is assisting the Public Health Department with the following plans: • Establishing a program to operate vaccination clinics in small venues located in or near areas that can target vulnerable populations like: o Lake Edward o Great Neck/Virginia Beach Blvd o SeaTac o Kempsville/College Park o Green Run o Creeds • This may involve partnerships with the faith-based community and other community organizations to aid outreach and perhaps host a vaccination clinic • It would be scheduled on days other than those when the Convention Center POD is operating • Staff is exploring how to use existing transportation services to help provide rides to people who need them We know the City organization has no control over many of the variables that are hampering best efforts to vaccinate as many people as possible as fast as possible. We do not manufacture the vaccine and we have no role in the distribution. While we have been strong and vocal advocates for increasing access to the supply, ours is just one more voice in that chorus because it is a problem everyone is dealing with. We will remain focused on working collaboratively with the state and the Virginia Beach Department of Public Health to meet the needs of our citizens in the most effective way possible. I will continue to update you on our efforts and I welcome your suggestions and comments." February 2, 2021 6 CITY MANAGER'S BRIEFINGS 2021 VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN (REPLACING 2011 BIKEWAYS AND TRAILS PLAN) ITEM#71236 4:13 P.M. Mayor Dyer welcomed Elaine Linn, Active Transportation Planner — Parks and Recreation. Ms. Linn expressed her appreciation to City Council for their continued support: ACTIVE TRANSPORTATION PLAN -.......... A/B The Bikeways&Trails Component of the Comprehensive Master Plan ' \ iI';inia Beach , City Council Briefing .m `I { o. - .� �:: February 2, 2021 Elaine Linn, Planner III Planning,Design and Development Division Parks and Recreation Department elmn@vbgov corn The Active Transportation Plan (ATP) includes five(5) chapters: CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN Walking and Biking Background Goals&Community Engagement Network I ''y, i + 4, Implementation 1 _J, ! 1 �, Active Transportation Design Guidelines — I �� g - j I,t oo1S•Vr" wi•IMr016.10 Nat Ww loW'bray. l��ar1 1 F ■\ ,'.- a 1 40t. m`i ,,... _- - ram February 2, 2021 7 CITY MANAGER'S BRIEFINGS 2021 VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN (REPLACING 2011 BIKEWAYS AND TRAILS PLAN) ITEM#71236 (Continued) Here is the Walking and Biking Background: WALKING AND BIKING BACKGROUND It' II MS al02r \ J I IIRU NNW 4YlYl1 OMNI ICII6 _ Bicycle Aces.as Congaed to Other Virgin..car. ,.p�x..woorrg.r. . lea �,..._.---- ].Sn. r1o11 .r..ap 4. Ala R.n+�a.2 .errr=y. lest y s:he N. .,.,Moog.... .. ,. _._.,.. Popp4e.n enl u' 250)% I34.(4: ZZ1837 2130Bg .0,,,,..,....woo.. mta.urt Woo 2.2. Core Service, c 7Ia 49 ..r 2,7nw Empoyymeve I V 27 51 L.ra +tne n e rn tenonr 2, 51 19 64newn .wto w nww Ume..lrrr. Retail 20 14 25 22 Q ir.mlt 0 J 0 0 33 atkrY Moog.goo n, n QI BMWS re. 9 a9rrer9b!Mere♦nN..eroeMraeer�..n, 1.we99157a91,91 r r..rvrn rwwn _—re. 'n M10E me nes a Bipcla',:eta as Compared to No term Pee,Cite.. MKT.sear wa .nary sar >r ....... " nr .r,,, dun" Mu r ...e .. ...oft,a . rpm .r Po g re.++ ,n.pul.pon .' 429177 8,39091 345,392 485.252 II «.Sepoce, 13 13 22 VirplaInd,VAI CITY SCWEGID Employment 21 13 13 el �� `• • Re ntiow' _ __ _ _ 32 21 44 Re 31 m 21 m 2s latlnEaluwl[ Ia..___ Rein, 20 I. 25 18 29 _ _ .—_..!e cram U a I 2a IgA ell�r ._�• .earn Mgt.n.0a talg toy n WLIS .Mae .e..,.wR.,.M<...w- oo.,...,...... WITTWE _ woow..vs ■+n..%_ le .+re��.• ...MIN mn'i Peac tra pwt.mn and den ME w Nk IMrIls. aaOian amariud Here are the five(5)goals within the Goals and Community Engagement Chapter: NB Goals and Community Engagement Connectivity / ► .�` I Safety �, (1. p Economic Vitality . ill Technology z `•_i - Health -r 4.411.. -y . 111 . .-, .,I. . '\ 1"�wwlnml,RATE row SAWS FOR � .,Ji. , rd 0:. ff0lSlaVW MO 61(YO3315In VIRGNIA!MAW vs h AN .�\ . February 2, 2021 8 CITY MANAGER'S BRIEFINGS 2021 VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN (REPLACING 2011 BIKEWAYS AND TRAILS PLAN) ITEM#71236 (Continued) Here are maps of the proposed Network, based on a study of Bike Level of Traffic Stress, a Demand Analysis and Community Interest: NETWORK 1/3 E '\ ' DEMAND ANALYSIS COMMUNITY INTEREST ,� ;, e - BIKE LEVEL OF TRAFFIC STRESS CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN This slide provides Proposed Treatments for Intersection Improvements based on locations with the highest crash densities between 2011 and 2018: BICYCLE/PEDESTRIAN CRASH DENSITY and HIGH CRASH INTERSECTIONS �„ - .. PROPOSED TREATMENTS for A...--...._,..,,,. ... N INTERSECTION IMPROVEMENTS: - rler' 1 " _ Cross- i �,a* �i. walks • l 7 .i :. .. ,-t Median • 1a f ' ;� Refuge leA ) a Pedestrian •• Island • • - Signal Traffic IV '` =1- Control Elimination , s`-- • fighting of a L - ... Slip Lane O; l S Curb Tightening 4' (",-. _ARampof Curb Radii Curb /a^�- ri+\ \ Extensions ��{�' � February 2, 2021 9 CITY MANAGER'S BRIEFINGS 2021 VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN (REPLACING 2011 BIKEWAYS AND TRAILS PLAN) ITEM#71236 (Continued) Here is an overview of Total Additional Network: Total Additional Network: Core City Network I 113.3 miles { l \ PROPOSED t FACILITY TYPES Local Connectors I 131.6 miles Mapped Locally `` t ' 32.8 Identified ( J� r "'� Recreational I 37.1 miles Amin& m future Virginia "- Ratio of Proposed Facility Type { _. ' R.Route t 13% 1.1.11.801.11 - Naled Bike — m" une a% —rartre Calculated based on Centerline Miles Here is an overview of Low-Stress Networks: Itv-Stress Networks Facilities in Low-Stress Networks Virginia Beach will have a _ are for all users include: tow-stress active • Children -Well-maintained sidewafs with buffers 10k transportation network -ADA-accessible curb ramps with detectable that people of all ages& Seniors warning surfaces abilities can use People of all genders -ADA-accessible blueway launch points .eparated Brke Lane -Audible pedestrian signals ik -.r Shared tlae Path J - People of all backgrounds -Bicycle signals People of all income levels High visibility and raced crosswalks Median refuge islands _.. People with disabilities -Bicycle boulevards - Tfansit riders -Buffered and separated bike lanes -Sidepaths and Trails BiklShaR YaeR -Wayfinding confident bkyWsh -Designated parking sites for bikes R. micromobility devices 30 20 40 I ,. 0 2,, Shared Lana ..i—_.: n 6).) (1) or Sant tk Boulevard • itttt- ttt ttit tt IS 2) .5 20 35 a7 ad 50 SS -..... SPEED MILES PER HOUR 13% s5Naoodsf Rkelihoodo issuerrdar 40% r, 73% ratalny o, CITY OF VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN February 2, 2021 10 CITY MANAGER'S BRIEFINGS 2021 VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN (REPLACING 2011 BIKEWAYS AND TRAILS PLAN) ITEM#71236 (Continued) IThe Map""Blueways a "was created to highlight primary and secondary waterway networks: � BLUEWAYS "✓ice_ _ - w{ ' "'! \Z1 I a -r ) ir,,,, ...„.,�; aa.......f - `,,I .........s _.,s� 1 ,. Dozier Bridge 4 w'f' + j = \i b• F ••••• •• ••• - YII ii 'r A r. - -.ter /4 i- North Landin River /' Here are the Active Transportation Implementation Performance Measures: ACTIVE TRANSPORTATION IMPLEMENTATION PERFORMANCE MEASURES Connectivity By 2045,75%of residents will live within'/4 mile of protected walking and bicycling facilities Safety By 2025,adopt a comprehensive Vision Zero policy By 2045,the SGAs and large employment centers will be accessible to Economic Vitality 50%of residents within 30 minutes by transit,foot,or bike,via protected pedestrian or bicycle facilities Health By 2045,75%of residents will live in a census tract with an Average,High,or Very High score on Virginia's Health Opportunity Index.' 'currently HOI 63.4%;compnsed of 30 variables including walkability,affordability,food accessibility,and material deprivation indicators February 2, 2021 11 CITY MANAGER'S BRIEFINGS 2021 VIRGINIA BEACH ACTIVE TRANSPORTATION PLAN (REPLACING 2011 BIKEWAYS AND TRAILS PLAN) ITEM#71236 (Continued) Here are the six(6)Priority Projects: IMPLEMENTATION gaol/ Md. PRIOR} PROJECTS 1 The Virginia Beach Trail a4 r 2 Constitution Drive Protected Bicycle Lane s 3 1-264 Pedestrian Bridge/fly-over Shore Drive Protected Bicycle Lane *Atlantic Avenue Bicycle Lane ="ry * Seaboard Road Shared Use Path ACTIVE TRANSPORTATION PLAN The Bike.trays&T pon.,n[of the Comprehensive Master Plan Virginia Beach rq.. . City Council Briefing + • L 3 , i a e. February 2, 2021 Elaine Linn,Planner III Planning,Design and Development Division — ' Parks and Recreation Department elan n vbgov com Mayor Dyer expressed his appreciation to Ms. Linn for the presentation. February 2, 2021 12 CITY MANAGER'S BRIEFINGS COMPREHENSIVE PLAN and 2013 SUS TA INABILITY PLAN UPDATE ITEM#71237 4:40 P.M. Mayor Dyer welcomed Robert J. Tajan, Director—Planning and Community Development. Mr. Tajan expressed his appreciation to City Council for their continued support: Yrginis Beach ---. 1111101111.11 I , ,,, — , Comprehensive Plan Update February 2,2021 Here is the Presentation Overview: Presentation Overview o Comprehensive Plan 2040 Update • Comprehensive Plan Next Steps o Sustainability Plan Update Comprehensive Plan Update I February 2, 2021 13 CITY MANAGER'S BRIEFINGS COMPREHENSIVE PLAN and 2013 SUSTAINABILITY PLAN UPDATE ITEM#71237 (Continued) Here is an overview of a Comprehensive Plan: What is a COMPREHENSI\E Comprehensive Plan PLAN • o A vision for the future • o Required by Code of VA 11 1 tT)_II'REHI o Guides City departmental strategic goals POLICY ;4, DOCUMENT and policy o Basis for land use decisions and growth 4' management o Guides City physical appearance ;allowing o Allows for accountable implementation Comprehensive Plan Update Here is the Comprehensive Plan 2040 Update General Timeline for Public Input Phases: Comprehensive Plan 2040 Update General Timeline for Public Input Phases Phase 1 Questionnaire related to general vision of the City conducted in- person and online.COMPLETED Phase 2 Virtual and in-person meetings to obtain input on current and potential policy development.ON HOLD Phase 3 Virtual and in-person meetings to present and discuss Planning Commission development of policy for the various subject areas. ON HOLD Phase 4 Presentations and formal public hearings to present to City Council.To be determined Comprehensive Plan Update February 2, 2021 14 CITY MANAGER'S BRIEFINGS COMPREHENSIVE PLAN and 2013 SUSTAINABILITY PLAN UPDATE ITEM#71237 (Continued) Here are the Current challenges and direction: Current challenges and directi4. Ongoing safety concerns with the pandemic has made it difficult to gather public input through public meetings o Phase 1 received good public input through the online questionnaire o Plan development will be paused due to public input concerns due to current environment Focus on short-term strategic objectives and update existing conditions information to reflect potential pandemic environment Comprehensive Plan Upca, The next three(3)slides provide the Next Steps: Next Ste 1. In process of developing scope for Commercial Corridor Study q' a Review possible strategies to address redevelopment along major corridors with languishing retail/commercial development and "empty Big Box stores" b. Address impacts and protections on surrounding neighborhoods with redevelopment c. Potential start Spring/Summer 2021 with the hope - 4 to hold in person and virtual meetings—subject to change d. Continuation of work requested by the Mayor and led by Councilmembers Henley and Rouse Comprehensive Plan Update February 2, 2021 15 CITY MANAGER'S BRIEFINGS COMPREHENSIVE PLAN and 2013 SUSTAINABILITY PLAN UPDATE ITEM#71237 (Continued) I-Iext Steps trr*^4 rsstr—e It I /--- 2.Work with Public Works to update - _ Master Transportation Plan to reclassify - / CD segments of the Southeastern Parkway as / viable arterial roadways rather than • \. \. expressway. f \ / ® • Determine other future purposes for the CD viable corridors. i `� \ -- ! • Majority of right-of-way has been a - purchased by the City. 0 / .—. 5 Comprehensive Plan Update Next Steps (continued) _ Y 3. Continue to develop and update the City's • • • VB2040 Existing Conditions Story Maps ;,;,ta4,,' Gather information on how the COVID19 ' pandemic has affected public elZii; '• • • transportation, nature/outdoor, health, etc.,to help inform policy development. • • .. • 11411 —.II Comprehensive Plan Update February 2, 2021 16 CITY MANAGER'S BRIEFINGS COMPREHENSIVE PLAN and 2013 SUSTAINABILITYPLAN UPDATE ITEM#71237 (Continued) Here is an overview of the Sustainability Plan: IRA JU l_;; o Created in 2013 by the Environmental Sustainability Office of the Planning Department o Tracking of Citywide metrics ceased when �� /►!!1 Environmental Sustainability Office was reorganized in 2016 o City facility metrics tracked by Public Works O 2016 Comprehensive Plan and subsequent amendments incorporate many principles outlined in plan o Core principles will be incorporated throughout all sections of the Comprehensive Plan Comprehensive Plan Update Questions Comprehensive Plan Webpage: www.vbgov.com/ourfutureVB Comprehensive Plan Update 10 Mayor Dyer expressed his appreciation to Mr. Tajan for the presentation. February 2, 2021 17 CITY COUNCIL DISCUSSION HB2043 (ESTABLISHMENT OF THE VIRGINIA BEACH TOURISM AUTHORITY)— FOLLOW-UP ITEM#71238 5:05 P.M. Mayor Dyer opened the discussion on House Bill 2403 regarding establishment of the Virginia Beach Tourism Authority. Council Member Moss requested the City Manager look into how to leverage the City's current authority and create an internal structure to respond to the leadership and agility issues that have been highlighted with the existing Convention and Visitors Bureau. Council Member Moss called for continued discussions on a tourism authority so that if the City eventually gets permission, there would be further understanding on the desired structure and compensation packages. Council Member Moss noted his bias to utilize an in- house performance system, as there would be greater flexibility. Council Member Moss advised City Council does not need to wait on the creation of an authority to start addressing some of the report findings concerning the Convention and Visitors Bureau. Council Member Rouse referred to separate pieces of legislation, HB 2198 and 1890. Council Member Rouse advised there should have been a scheduled discussion on the Bills, before the Mayor and Vice Mayor sent a letter to the General Assembly Delegation and took a position without a City Council discussion. Council Member Rouse highlighted February as Black History Month and its relation to the Voting Rights Act of 1965, which outlawed discriminatory voting practices. Council Member Rouse noted how troubled he was by the position taken in the letter by the Mayor, Vice Mayor, and silent majority of City Council Members to oppose Bills centered around voting systems and voting rights. Council Member Rouse emphasized City Council did not have an open discussion to determine a majority's position on the legislation, and there is a lack of transparency. Council Member Rouse recalled that in August 2020 City Council denied holding a referendum to gain citizen input on the voting system,yet the lack of citizen input was the Mayor and Vice Mayor's reasoning for opposing the House Bills. Mayor Dyer advised the House Bills were introduced by a member of the General Assembly Delegation seeking to change the City's voting system with no communication and no input from City Council or the citizens. Due to the sudden introduction of the House Bills, immediate action by the City was required Mayor Dyer stressed the need for better communication with the Delegation. Referencing the failed Referendum, Mayor Dyer advised it was not enough time to provide citizens with education and COVID- 19 posed additional challenges. Mayor Dyer stated that there will be continued discussions at the Retreat about holding public meetings to receive input on the voting system. Council Member Rouse advised he takes issue with the Mayor and Vice Mayor declaring City Council's position on any legislation without first having a dialogue with City Council. Council Member Rouse requested a discussion at the Retreat to determine a policy on how City Council will take positions on legislation and voice that position. Council Member Tower referenced the tourism authority and expressed his agreement with Council Member Moss that there needs to be a focus on current City resources and how they can be used to attract tourism. February 2, 2021 18 CITY COUNCIL DISCUSSION HB2043 (ESTABLISHMENT OF THE VIRGINIA BEACH TOURISMAUTHORITI9— FOLLOW-UP ITEM#71238 (Continued) Council Member Tower advised he does not want the failure to proceed with a tourism authority to slow down dealing with issues in the Convention and Visitors Bureau. Council Member Tower requested the guidance of the City Manager on how to deal with the issues and keep the Convention and Visitors Bureau vibrant and successful ahead of the tourism season. Council Member Wooten advised HB 2043 needed to be withdrawn as not enough information was given in order for the Delegation to properly champion the Bill in the legislature.Referencing HB 2198 and 1890, Council Member Wooten advised they were not sprung on the City, as there is a lengthy process and the City's Legislative Liaison should have been made aware. Council Member Wooten observed there was a reactive approach to all three (3) House Bills, and City Council needs to establish better protocol for addressing legislation. Council Member Wooten called for better communication to ensure any correspondence sent on behalf of City Council is representative of all Members. Council Member Wooten stated that due to the failure to bring forth a referendum and give the citizens the opportunity to provide input on the voting structure, there's a pending lawsuit in addition to the legislation. Council Member Wooten called for better leadership, communication and transparency. Council Member Moss advised he does not oppose the content of the Bills, rather that there was no provision that the voting system should still be adopted by the locality's voters. Council Member Moss highlighted that the majority of City Council decided not to give voters the opportunity to decide their election system by referendum, and now the State is going to prescribe a solution. Council Member Moss supported establishing a process for determining City Council policy positions during the Retreat. Council Member Rouse called attention to minorities seeking equal and fair representation and noted voting systems are critical to that. Council Member Rouse advised of his shared frustrations that the sponsor of the Bills did not seek City Council's input but noted that the Bills are not specific to Virginia Beach. Council Member Rouse asked for a transparent policy to encompass all voices on City Council. Mayor Dyer advised due to time constraints, he is ending the discussion and if there are any other City Council Members who would like to make comments, they will be able to during Old Business at the end of the Meeting this evening. February 2, 2021 19 CITY COUNCIL DISCUSSION CITY MANAGER BUDGET GUIDANCE MEMORANDUM ITEM#71239 5:45 P.M. Due to time constraints, this discussion was postponed. February 2, 2021 20 CITY COUNCIL DISCUSSION STORMWATER MANAGEMENT ITEM#71240 5:46 P.M. Due to time constraints, this discussion was postponed. February 2, 2021 21 CITY COUNCIL LIAISON REPORTS ITEM#71241 5:47 P.M. Due to time constraints, there were no Liaison Reports. February 2, 2021 22 CITY COUNCIL COMMENTS ITEM#71242 5:48 P.M. Due to time constraints, there were no City Council Comments. February 2, 2021 23 AGENDA REVIEW SESSION ITEM#71243 5:49 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: F. ORDINANCES/RESOLUTIONS 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 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 Break 5:51 P.M. —6:01 P.M. February 2, 2021 24 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL FEBRUARY 2, 2021 6:01 P.M. Mayor Dyer called to order the SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY COUNCIL on Tuesday, February 2, 2021, at 6:01 P.M. Mayor Dyer personally opened the meeting in the Virginia Beach Convention Center, Suite 5, while all other members of City Council appeared electronically via WebEx. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. February 2, 2021 25 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If,during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. February 2, 2021 26 ITEM— VILC.1 MINUTES ITEM#71244 Upon motion by Council Member Tower, seconded by Council Member Moss, City Council APPROVED the MINUTES of the SPECIAL SESSION of January 19,2021 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 27 ITEM— VII.D.1 MAYOR'S PRESENTATION ITEM#71245 PROCLAMATION AFRICAN AMERICAN HERITAGE MONTH Mayor Dyer read the Proclamation declaring, February 2020, "AFRICAN AMERICAN HERITAGE MONTH". Mayor Dyer called 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. Dr. Amelia Ross-Hammond, Founder and Chairman of Virginia African American Cultural Center Incorporated and Joyce Davis Williams, Union Baptist Church expressed their appreciation to City Council for their continuous support. February 2, 2021 Qy�NV+BE4c Vrothtitation Whereas: 'People of African descent first arrived in Virginia in 1619;and Whereas: 'The first persons of African descent in'Virginia Beach were likely to have been three individuals transported here by Capt.Adam Thoroughgood by 1637;and 'W errax 'The general commemoration of the historical'contniutions of African Americans in'Virginia and-elsewhere was first esta6Gshedas Negro MstoryWeekin 1926 by a native Virginian,Carter G.'Woodson;and- 'Whereas: ('resident Gerard-I?, Foreespandedthis commemoration andce[e6ration to encompass BlackNistory Month in 1976; and Whereas:e►eas: 'The theme of the commemoration in 2021 is'The Black'Famify:Representation,Identity ard'Diversity;;and Whereas 'The institution of slavery in America,'Virginia and focally created significant challenges to maintaining the family unit forAfncan Americans;;and Whereat. 'Through these challenges the AfricanAmencan family has persevered and devefopedstrong bonds extending through many generations and throughout the community;and 44'herear The African American community has found purpose through family and through the church;and Whereas: Af icanAmerican 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 theAmencan CivilWar;and 'Whereas: One of the first schools forAfrican American students was established on the grounds of'Union(Baptist Church in 1868;and Whereas: 'The(Princess Anne County Training Schoolfirst held-classes in 1934 at the"Union Baptist Church;and "('hems: Bettie'Forbes 4441E tms,a life-long member of"Union Baptist Church,became the secondSupervisor of Negro Elementary Schools in(Princess Anne County in 1946;and Whereas: In 1962,(Bettie Tarbes Williams became the only African American to have a school-named-inher honor in'Virginia Beach;and 'Whams: The Vnion Baptist Church congregation of over 300 members now worships in the church's fifth building;and Whereas: In 2012 Vnion Baptist Church elected Rev.(D.Tbomasine Reidas their pastor,giving her the honor of being the first black,,female cared to pastor a tradtionalBaptist church in the Tidewater area;and 'Whereas.' In'February 2013 Vnion(Baptist church dedicated the Reverend W Samuel•Wa(ton'Family Life Center;and 4 limas.' African Americans have overcome enslavement,discrimination and adversity to male positive contributions in all areas of enterprise and service in Virginia Beach,the Commonwealth of Virginia and the VnitedStates ofAmenca; and $4 erear The Mayor and City Council-support the esta6Cshment of the Virginia African American Cultural Center in 1. rginia Beach as a hub forAfricanAmencan culture and history and have provided the'Deed TransferandTitle of property in Virginia Beach for that purpose. Wow 4fie►rfon,i W.p6ert M.'Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: F'e6ruary 2021 African American Iferitage lionth In'4iyinia Beath, and furthermore call upon the citizens,government agencies,pu6Cc 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 444etwf,I have hereunto set my hand and caused'the OffcialSeal'of the City of Virginia Beach,Virginia,to 6e affixed this Second►, of'February,Two Thousand Twenty-One. • Wilbert M. "Bob6y"'Dyer "i Mayor 28 ITEM— VILE.] PUBLIC HEARING ITEM#71246 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND SALE OF EXCESS CITY PROPERTY 5694 Wesleyan Drive to Ebenezer Baptist Church The following registered to speak: Dr. Amelia Ross-Hammond, 1008 Spindle Crossing, Phone: 270-4654, spoke in SUPPORT Perez Gatling, 965 Baker Road, Phone: 289-9442, spoke in SUPPORT Michone Lane, 965 Baker Road, Phone: 497-6930, did not respond Michael Daniels, 5641 Herbert Moore Road, Phone: 552-6620, spoke in SUPPORT Robert West, 1010 Scarlet Oak Court, Phone: 439-5617, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING February 2, 2021 29 ITEM— VII.F FORMAL SESSION AGENDA ITEM#71247 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions G:1, 2, 3, 4a/b, 5, 6 and 7 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 30 ITEM VILG.1 ORDINANCES/RESOLUTIONS ITEM#71248 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 12-21 re coordinator of Emergency Management Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 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 as the coordinator of emergency management under the direction of the city manager in 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 2nd day of February , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ---/-4 - Human Resources City Attorney's Office CA15304 R-1 January 12, 2021 31 ITEM VILG.2 ORDINANCES/RESOLUTIONS ITEM#71249 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, 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 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 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 2nd day of February , 2021. Requires an affirmative vote of a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: J tt ey's Office CA15296 R-1 January 12, 2021 32 ITEM VII.G.3 ORDINANCES/RESOLUTIONS ITEM#71250 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to APPOINT Christopher J. Turpin as Assistant City Attorney, effective February 11, 2021 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 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 2nd day of 11 February , 2021 . APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA15307 R-1 January 14, 2021 33 ITEM VIL G.4a ORDINANCES/RESOLUTIONS ITEM#71251 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance 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 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 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. J. 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd 44 day of February , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE I,rDAN HA MEYE L�" SENT CIT TORNEY CA15187 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p040\00682482.doc R-1 January 6, 2021 2 QCy PIKE INLET ,��')� N/F CITY OF VIRGINIA BEACH PIKE�INLET �� \ 2433-16-9348 PROPOSED `EBBS WHARF �� v 34.0'- ►•e .2 48.0' 34.0' — I u' •'= c�i ---48 412' 0" W 16.00' ---------•-S 9' 01 REMOVE EXISTING PIER (HATCHED) I I I o ' I U\ o . EX. BKHD OF `2 1 LOT 68 : 0o 0 5' DRAINAGE & UTILITY EASMENT -.....„ , --\` PER M.B 103, PG. 24 N Li cco z„ c) m 0 r? LOT 67 ; oo � bp N z N/F SEAN M. MILLER -' 0 CO `�' oo4D o I 321 TEAL CRESCENT 3I °p Yrnoa w N -i I GPIN: 24331684610000 - , `° 0,3 (0 o 0 la rn o cn °' ' INST: 20160830000773680 0 , o 0 o o •,Th0 &, I w M.B. 103, PG. 24 °.° I -1 z N o •- 4 -' Oz IO ' I wZ Ti,-0I I �oz IN I PIN(I) SPIN 606.19' TO N 49'12'00" E 116.00' BLUEBILL DRIVE TEAL CRESCENT (50' R/W) REF: M.B. 103, PG. 24 0 25' 50' INIMIIMMI 1"=25' © 2020 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. 1�"FT � WATERFRONT EXHIBIT A ', 'a �� 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 SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24) ENGINEERING SERVICES PROVIDED BY: DATE: NOVEMBER 9, 2020 CHESAPEAKE BAY SITE SOLUTIONS, INC. 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. 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 -61%0 pO�/(i Sean M. Miller, Owner STATE OF 0\{ CITY/COUNTY OF (Vliv,i jec< to-wit: The foregoing instrument was acknowledged before me this lebf day of QUID , 20by Sean M. Miller. DAWN PATTON BUSTIN NOTARY PUBLIC REGISTRATION#7148276 AL) COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES otary Public JUNE 30,2023 Notary Registration Number:7)1 My Commission Expires: _ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM da SIGNATURE H RME V;- ° SENIOR CI TTORNEY "Wile etc DEPARTMENT 6 Ix QG' PIKE INLET 404S• N/F CITY OF VIRGINIA BEACH PIKE INLET �0 �/ 2433-16-9348 FLOOD PROPOSED 'EBB� �(. v WHARF r. 34.0' in/ - - Kw 48.0' — 34.0' -. Lri '•�;�; 48' S 49'12'00" W 116.00' - --- - --- ----------- -- 11 REMOVE EXISTING PIER i II(HATCHED) 0 \ I 0. 1, EX. BKHD OF "2 1 LOT 68 l_o z I0 o 5' DRAINAGE & UTILITY EASMENT ' PER M.B 103, PG. 24 w (/) cn cZ„ c) m o 0 CtO � K � z ,? LOT 67 Jo °'o � � 0NZ ; N/F SEAN M. MILLER W0) ON oowD o I 321 TEAL CRESCENT � I to SA rn G' I. -i ' GPIN: 24331684610000 `° `. too -- -D rn cn rn I INST: 20160830000773680 0 , o o n o 0 "' u) ( M.B. 103, PG. 24 1 -' z N o 0 � > w 1....1 o . '` > N O W � pVpOc� � O zI I— O I co � (0j (n O K ! o LL. Z D. `t Z - I N -< I I I I I PIN SPIN 606.19' TO N 49'12'00" E 116.00' DRIVE T _ REF: M.B. 103, PG. 24 0 25' 50' 1"=25' ©2020 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. 1� � WATERFRONT EXHIBIT A ', '�� 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 SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24) ENGINEERING SERVICES PROVIDED BY: DATE: NOVEMBER 9 2020 CHESAPEAKE BAY SITE SOLUTIONS, INC. , 2 OF 2 Imo' ° �e Q 3 � ' •t Tom• Raa•. V yr ° a _ co • 11 .43 w 'T• ! CV Gov- 00 4. �► ` 66 Q w w CO44. M �` a + ', \41111" T:I;;;\\ Oz � 2 ' Q 1' ` - 4 7- if Q = Z N W Q w a c s,;. :, • U'", .,v),-, A i --- o g _� a / w o 14* ck .. - . .: f „, . * , ,.{k 0�J� d v. , . , ,;‘,_0,,,,. , • . „ , . :- • '- + / 44 . ' 'N, ,p 2 N 26 7 // a+. � ~ r �. c ct F a r 0 • ' Illkiiiiitia6.-114.0 if ...4- u... co UI M >.- W M I— N C O a la Cn 0 -o a) e `° a at a` I i I I SITE PICTURES FOR 321 TEAL CRESCENT r t ii, .A„.., Y ,�. .,. ate: ,. ..._.., .._ • -Y "t Old Pier to be removed when the new one is installed. I 1/3Disclosure Statement City of Virginia Beach Planning & Community 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? 0 Yes 0 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 entity2 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 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. 11Page Disclosure Statement C it y of Virginia Bead Planning & Community 41\, 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 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 I 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? 0 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 U 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 0 No • If yes,identify the purchaser and purchaser's service providers. 2IPage . „. . 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'Alf. 40' i.: 34 ITEM VILG.4b ORDINANCES/RESOLUTIONS ITEM#71252 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as: 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 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 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 2 n d 46 day of February , 20 21 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: \Imp CA(,J QXJ �( �'fit X B,LIC WO , REAL ESTATE 4✓ DANA IARMO'ER u SENIO ITY ATTORNEY CA14859 c:\users\kmessing\desktop\ca14878 hawkins\ordinance frrn pw-re.doc R-1 December 4, 2020 2 I PLAN VIEW CITY OF VIRGINIA BEACH 352 TUNA LANE SCALE: 1"=30' GPIN:2433-27-3415 Mess MHW-MHW= -1.80MILES DEED INSTR.#20070625000848730 A9s 40.2' �� 24' —♦I PLAT INSTR.#20070522000686140 PROPOSED 10'X 10'BOAT LIFT ,EBB ~� WITH 14'X 24'ROOF 12' (FLOOD N38°04'W 160.82' = _ rr I 1+ ' REPLACE EXISTING 4'X 16'PIER+6'X 16' %CM�; .. • •-• L-HEAD WITH 6'x 16'PIER+8'X 24'L-HEAD ��'"� ,�1.�■ •,T". 4!/!r• i G— EXISTING STACKED WOOD °N(.5) RETAINING WALL 111 INSTALL NEW RETAINING WALL OUTBOARD LIMITS OF EXISTING RIP-RAP REVETEMENT w� o h n eocci J I O 4.,m ^o 0 cr SFR #329 MATERIAL SPECIFICATIONS: PILES:8"TIP CCA 2.511 PCF(MLP-88) o 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 HARDWARE:HOT DIPPED FAMILY TRUST I I I I I I I' I I GALVANIZED(ASTM-A153) 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 MB 67 P 45 INST#20150720000683330(DEED) 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' 4 N Gte,°H�1 q�,) GRAPHIC SCALE BACK BAY CRESCENT(50'R/W) 0 30 MB 67,P45 — MIME E 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. 7 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 a/7/02 PAUL V. HAWKINS, Owner/66,.d-L r MOIRA C. HAWKINS, Owner STATE OF CITY/COUNTY OF V>fZG►N►A SEMtF , to-wit: The foregoing instrument was acknowledged before me this V day of , 2020, by Paul V. Hawkins and Moira C. Hawkins. ' % . -(4:c C � (SEAL) Notary Public ANATALIA S.CUNANAN Notary Registration Number: '7/0 'qq7 4 Notary Public My Commission Expires: 07— 3 ,off , Commonwealt Registration N o of Virginia 1 '� o. 7106997 I My Commission Expires Jul 31,2024 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Nf4TUR j ✓ DAN' . HARM EYE R( SEN CITY ATTORNEY DEPARTMENT 7 I PLAN VIEWCITY OF VIRGINIA BEACH 352 TUNA LANE SCALE: 1"=30' GPIN:2433-27-3415 11B6,> MHW-MHW= "1.80 MILES DEED INSTR.#20070625000848730 p9s 11 40.2' 014 24' —0.I PROPOSED 24''X ROOF BOAT LIFT WITH 14'X PLAT INSTR.#20070522000686140-4-- EBB 44 ( T ♦� 12' FLOOD 11. N38°04'W 160.82' + -- c-=---- .-•-._._._._•-•-._,m1.W REPLACE EXISTING 4'X 16'PIER+6'X 16' ‘116,4 SAP. : .,•. L-HEAD WITH 6'x 16'PIER+8'X 24'L-HEAD ,),;•., - •A. •. •, ix. ate. _.��/�� • a•'Aar- - '•:•.::�• - - - - - - - - - - - - - - - - - - - �1�tlr MHW -.. .a1�►: .:•: I I�� A pm,l5/ , Q EXISTING STACKED WOOD RETAINING WALL 41 0 INSTALL NEW RETAINING WALL OUTBOARD LIMITS OF EXISTING RIP-RAP REVETEMENT LP c h p. l 0 mt a, ^ 0 SFR #329 MATERIAL SPECIFICATIONS: - PILES:8"TIP CCA 2.5#PCF(MLP-88) o 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 _BM 1I�I I HARDWARE:HOT DIPPED 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 MB 67 P 45 INST#20150720000683330(DEED) 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' 4NG(F iRoN/F/ p/ry/F/ GRAPHIC SCALE BACK BAY CRESCENT(50'R/W) 0 30 - MB 67,P45 - Fr 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 r i t V .' ite'--- s.''':-4,;,ti 1 sue_ < .,- a I. ow,;.„,--,t...IN • °° _ r , y .; . - ,jf .tr1 Ti- fix„ -*-, -7 "'mod= _ lira. 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' 1-...:.._' ',7::::411‘-::•...: ,fr, f* •t,- ....ve,may :3 .e, � ' e } 3 _./t 4a a ,* -..�- ` ;sT sue+ ` ••./ , \ Z u.'• „�'' • .-'?. � ',..`.Kick.` ,^.�,�,' fti ` ,\ ' `, '''' .:..0" '• . 'ilk - ;-.' ' -kit''• ''' - -..., ' '7-j." ‘;`..-..i;-- :. , _ _-'n-'" ,prstki _ �J,�( w , . L...,,: _.- -, bt,. 1. ' _ --.,,.. 4 `! .j 3 '' !� 2 '1 +. " 'f.lk, , ,.... . . . - V r .- !.) .‘";11,' 41 , . '1.\- , • ,•,. - , tititt..,...47114 ... .. : f fr v -lb : 4111.1.: 'I-+,8 , 11:* - \- '' W Z Li! It' as 3i �� La t. W WN.. § Ce i X N- < ZZ i011111101''' 4:1141' '� ;C:C;Z(I) 1.144119Z1 N Z C.) = cv c, Q c) W s - x a i. a ` , N �y I (�j f ri N ; t . _ 0 � e 3 • a Y O 0! Qm1 ^n a) N O C 6: m a cn U a , J ..- h..---01,0.,0 ./".."<•-•#"-H---. . , .s.‘ . . ...,... ,--- r--4 IL On i:t COW a ‘c?‘1 x14 c \ \ ,. • . § WI x 111 N t \ .--- \ ... -a\ 410 . . z z < >_ l c;el ki) ia. 0 Lu ce ct CP,. .4 .. ,•,:. . uo2oz 4 • • '-. 0 < eel ct — F-) -,-/,' . U --• c•I ,D 1._______ r--- . t 2 ...._ ,.. ........_ \ a) &I ,. . /. , \ \ ,// / / ' '_----------------1------- / / _--- .. --- _ ----- / . / _... . , ,„, •.. . ,I ,1 ,, , , 1 ,___---------- / __----- .---- --------------------- ' 7 rrA V) B = 0 it 0 w Y 0 .11 ..--- a v., cu co?) n ..- •,...- - E r%i cri :,*'• .k.! '0 qc6 ':; ---- L1J c 0 c4 a- l.. (I.) > a Ff). a) su CU -J a :4 _ _..1 vtit, Disclosure Statement • Planning & Community l)welopment • 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/ l //g /ApplicantName /� / S 2 �'/ <�f-r //per-ids Does the applicant have a representative? Yes ❑ No • If yes,list the name of the representative. /7/i4J/ /11 30A15 Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes Ai 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 entity2 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 r Disclosure StatementItt i. 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? 0 Yes g 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? �.es X No %��/If yes, entify the financial institutions providing the serice. / 141 V /i /,,'a c 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? 0 Yes XNo • 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 0 No • If yes,identify the firm and individual providing the service. - ..j7A EA N7WO*kiErf/A/ ,iiiV zcfs rjc. 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes XI No • If yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement Planning : CornmuI it 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 ,<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 1 ,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 XNo • 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. PA/ / Applican ignature //,41,4 ,6( Print Name and Title Date Is the applicant also the owner of the subject property? 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 Signature l- as -cD0Q-1 rn Print Name Wage ?Qs" 11111_ Disclosure ta-tement Planning & Community 1)evelopment Continue to Next Page for Owner Disclosure 41Page Disclosure StatementNa3 _,F Planning & Community <. .. Development Owner Disclosure Owner Name ? '/ //f/4( 2 Applicant Name / 9e1/ 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? 0 Yes Rf 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. a"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 StatementNAB Planning& Community TM 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 Tit 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 VI 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 service. S7 y E V o �Eil Sey ,/ -5- ��c 5. Is there any other pending or proposed purchaser of the subject property? 0 Yes 1 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 gNo • 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 .11/4B Disclosure Statement Planning & Community I)evelopinent - 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 Ns 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 'gnature ,� / V /2/1z- r.�i--) D 4/4/ �; C- 4 ,6,7s, Print Name and Title Goy 0 2 ��22) /-�z—a0,2 Date / 7IPage 35 ITEM VII.G.5 ORDINANCES/RESOLUTIONS ITEM#71253 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, 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 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 1 AN ORDINANCE TO RELEASE 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 PROGRAM 6 7 WHEREAS, in Section 8 of the FY 2020-21 Capital Improvement Program Budget 8 Ordinance, the City Council set aside $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 revenue outlook, this reserve is no longer 12 necessary. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 The City Council hereby releases 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 Virginia Beach, Virginia, on the 2 n d day of February 2021. APPROVED AS TO CONTENT: APPRO ED AS TO LEGAL SUFFICIENCY: .---- TT J-Alk--. BZget and Management Services rn Office CA15305 R-1 January 21, 2021 36 ITEM VILG.6 ORDINANCES/RESOLUTIONS ITEM#71254 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$202,920, increased accordingly,from the Commonwealth of Virginia to the FY2020-21 Sherds Operating Budget and AUTHORIZE the payment of$500 Bonuses re locally funded Sworn Officer Appointees Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 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 Sheriff's 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 2 n d day of February 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 ` C' 's Office CA15309 R-1 January 19, 2021 37 ITEM VIL G.7 ORDINANCES/RESOLUTIONS ITEM#71255 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, 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 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None February 2, 2021 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 2nd day of F_Phruary 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4' :._-----(CLIL.U_ ._- * * I _ Budget and Management Services City A o y's Office CA15310/R-2/January 27, 2021 38 OLD BUSINESS ITEM#71256 6:28 P.M. Council Member Henley advised she takes exception to Council Member Rouse's previous comments believing there is a misunderstanding and is hopeful there will be an opportunity for City Council to have a discussion to understand the different perspectives. Council Member Henley advised City Council has a lengthy public hearing process for any item the City will present within the Legislative Package for the General Assembly to consider, adding the State apparently has a different process. Council Member Henley expressed frustration that she was not aware House Bill's (HB) 2198 and 1890 were being considered, much less introduced, and caused the lack of transparency, blindsiding both citizens and City Council. Council Member Henley advised when she received an email informing her HB 2198 and 1890 were being introduced and going to a Sub-Committee, she responded with opposition to both proposed Bills. Council Member Henley advised there was no time to hold a City Council Meeting or a Public Hearing, and feels the letter sent by Mayor Dyer and Vice Mayor Wood expressed only their opinions and not of the Body. Council Member Henley advised, last summer, City Council was considering the District Voting Referendum but due to the pending federal case against the City, discussions were, and still are, limited. Council Member Henley advised it was not possible to engage citizens for input as the case was going to court just before the election, as well as the complications with holding public hearings during the pandemic. Council Member Henley advised she does not appreciate anyone attributing motives to her and believes any changes to local government needs to be done very carefully as the proposed House Bills will cause the City's Charter to change, adding this is no way to make changes to the City's Charter. Council Member Henley advised that presenting this issue as a racial issue, is very narrow, nor is it the entire issue, and does a disservice to citizens. Vice Mayor Wood advised he agrees with virtually everything Council Member Henley stated, and suggested people go back to the discussions during consideration of the referendum and read the comments as it would be educational. Vice Mayor Wood advised he reviewed three (3) previous City Council discussions and at no time were HB 2198 or HB 1890 mentioned Vice Mayor Wood advised of the two HB's, one is centric to the City and the other is not. The Bill sponsored by Delegate Fowler is centric to the City and she testified against the City in Court which is public information. Vice Mayor Wood advised City Council can always do better in how City Council reacts to issues like this however, these Bills were not on City Council's radar until days before the Sub-Committee hearing. Vice Mayor Wood advised the Virginia Municipal League (VML) has taken a position against these Bills, showing this issue is not just about the City, but includes a majority of Virginia's elected Body. Vice Mayor Wood advised he respects comments from Council Member Rouse and Wooten and suggested improvements could be made by inviting the City's Delegation to City Council Meetings three(3) or four(4) times a year to be aware of what issues they are discussing. Council Member Tower advised he has experience as a registered lobbyist, previously representing a diverse nonprofit membership with varying views. Council Member Tower advised that with his personal experience, he is shocked at the level of representation that City Council has in keeping the Body advised February 2, 2021 39 OLD BUSINESS ITEM#71256 (Continued) of issues with the General Assembly. Council Member Tower advised he believes this is a big issue that needed discussion. Council Member Tower advised it is clear this Body cannot depend on the good will of the General Assembly to look after the City's interests and emphasized the importance of the City having the very best representation, who understands the needs of the City, in Richmond Council Member Tower advised having that representation is the responsibility of the City Manager, with the Body's assistance. Council Member Rouse advised these Bills deserve scrutiny and expressed concern that leaders of this Body spoke on behalf of him without having a proper discussion. Council Member Rouse responded to Council Member Henley's comment concerning race, advising this issue around voting rights is not a racial issue but an American issue with a racial history. Council Member Rouse advised this is the second day in Black History Month, and in relation to the discussion on not having enough time for public input, feels that Dr. Martin Luther King Jr.'s quote, "It is always the right time to do the right thing"is relevant. Council Member Berlucchi advised he appreciates and respects his colleagues and their comments and believes improvements can be made to these important processes going forward Council Member Berlucchi advised a matter of this importance, should have been discussed with City Council, or at a minimum the legislator should have consulted with the Mayor and Vice Mayor, which did not happen. Council Member Berlucchi advised is it is important to recognize the flaws that existed within the General Assembly in this process, the citizens are entitled to collaboration between their elected representatives, especially on a matter as important as this. Council Member Berlucchi advised while it is true the State follows Dillion Rules and can impose its will on a municipality, it does not mean they should Council Member Wooten advised she wanted to address the comments concerning the way Delegate Fowler introduced the Bill she proposed, advising in 2018 when she was appointed to City Council, she remembers Delegate Fowler reaching out to City Council for feedback on other Bills being proposed to the General Assembly. Council Member Wooten advised during that time she learned through discussions with other Council Members there would not be a lot of support for Delegate Fowler, suggesting that may have been the reason she did not reach out to City Council at this time. Council Member Wooten advised, while this Body reflects on what happened with this issue, they should also reflect on being non partisan and should be open to listening to everybody when issues are brought to them. Mayor Dyer expressed his appreciation to Council Members for their comments and advised there will be further discussions on making improvements to the relationship with the City's delegation and processes and in the future. February 2, 2021 40 ADJOURNMENT ITEM#71257 Mayor Robert M. Dyer DECLARED the City Council SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS ADJOURNED at 6:56 P.M. Terri H. Chelius Chief Deputy City Clerk Am da Barne MMC Robert M. Dyer City Clerk Mayor February 2, 2021 41 OPEN DIALOGUE The following registered to speak: Regina Quinn, 605 Rock Spring Court, Phone: 930-9880, did not respond Jillian Penner, 1624 Day Cove Drive, Phone: 353-2140, spoke concerning community cats Carol Ashman, 209B 88`h Street, Phone: 547-6431, did not respond Gail Mottola, 115 88th Street, Phone: 515-3449, spoke concerning tourism Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke concerning the Hampton Roads Black Caucus Action Team ADJOURNED 7:05 P.M. February 2, 2021