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Home My WebLink AboutJUNE 1, 2021 FORMAL SESSION MINUTES . t. v `{ - F.':k%a 2 9"s ``B&S,ig6'&V_ OF OUR h►j,0� ll VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 1, 2021 Mayor Dyer called to order the CITY COUNCIL MEETING in the Virginia Beach Convention Center, Suite 5, on Tuesday,June 1, 2021, at 1:00 P.M Council Members Present: 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: Jessica P.Abbott-Ill 2 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 1:01 P.M. Mayor Dyer welcomed Christopher Boynton, Deputy City Attorney. Mr. Boynton expressed his appreciation to City Council for their continued support: u'1u etc kk„ Upcoming Changes to City's Election System VIRGINIA BEACH CITY COUNCIL JUNE 1, 2021 Outline • History • Current Election System • Holloway Case History • General Assembly Action • Holloway Opinion & Order • Next Steps June 1, 2021 3 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is the History: History 1963 Modern City of Virginia Beach created by merger • Post-merger,City's election system had 7 boroughs Six magisterial districts of Princess Anne County each elected one member by and from the district Former City of Virginia Beach became single district with five members elected by and from the district 1967 Dusch v. Davis SCOTUS case Resulted in 7-4 system that became foundational framework for current system - Seven members reside in each of the seven districts;all seven elected at large (`residence districts") Four members elected by and from the city at large 1988 City adopted at-large election of mayor • Previously chosen by City Council members History 1990 Mayor's Commission recommended seven districts of equal population with one Council member elected from and by the vote's of each district("wards") (4 at large,11 total Council members) 1994 Referendum passed supporting equal popula ion of districts and implementation of seven wards • City Council passed resolution asking General Assembly to change City Charter to require equal population and implement wards 1995 General Assembly granted equal population requirement for residence districts but declined to implement wards • Directed City to conduct another referendum in 1996 1996 Second referendum supported residence districts over wards 1997 U.S.District Court ruled City's election system did not violate§2 of VRA 2008 Local elections moved from May to November June 1, 2021 4 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is an overview of Current Election System: Current Election System • Existed in current form since 1996 (substantially same since 1967) • Governed by City Charter§3.01 (enacted by General Assembly) E 11 members • 4 members(Incl mayor)elected at large(may reside anywhere in city) • 7 members elected at large(must reside in one of 7 districts) Residence districts of approximately equal population • District boundaries adjusted after each decennial census School Board elected using same method (City Charter§16.04) Chair elected by members of School Board, not public Chair does not have to be an at large member Here are a couple Criticisms of Current Election System: Criticisms of Current Election System Historically, a primary critique:At large election of all 11 members dilutes votes of minority groups Majority gets to elect all 11 members of Council June 1, 2021 5 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) This graphic provides an example of an At Large election system - all voters can vote for all Council Members: At Large All voters Elect All Council members •Ir• • • • • .0410,09 TOT. TO 1111•11/ f- This provides the example of the Ward System-voters can only vote for their Individual Council Member: Ward System Voting Council Districts Voters in Each Ward Elect Their Representatives Individual Council Representative • • 111 111 l ! �j • • June 1, 2021 6 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is the Response to Criticism of System: Response to Criticism of System Historically-not possible to draw a majority-minority district for a single minority in Virginia Beach Virginia Beach is one of most racially integrated(least segregated)larger cities in America Minority communities are dispersed throughout city Not feasible through 2010 redistricting process to draw a district in which a single minority would constitute a majority in that district Virginia Beach minority communities are not politically cohesive Not accurate to say majority of Black,Asian and Hispanic voters prefer same candidates Combining minority groups into districts would not advance candidates preferred by single minority Plaintiffs in Holloway case assert that Black,Asian and Hispanic voters in Virginia Beach are politically cohesive and that a combined minority-majority map would address vote dilution America's Least Segregated Cities Source:U.S Census Bureau,White to Non White Racial Dissimilarity Index[RACEDISPARITYI,retrieved from FRED,Federal Reserve Bank of St.Louis; https://fred.ntlouisfed.org/series/RACEDISPARITY,August 10,2020 via — CityObservatory.org. OS 101Sr 2S1035v......a,w,,.a..m«,y Ny. ro June 1, 2021 7 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here are the Recent Developments Affecting the City's Election System: Recent Developments Affecting the City's Election System • Holloway et al. v. City of Virginia Beach Opinion & Order • Case filed in United States District Court in 2017 • Trial October 6-14,2020 • Court's Opinion March 31,2021 2021 Changes to Virginia Law HB2198 H B 1890/S B 1395 Here is an overview of Holloway v. City of Virginia Beach: Holloway v. City of Virginia Beach Plaintiffs Latasha Holloway and Georgia Allen • Now represented by Campaign Legal Center,a D.C.public interest law firm • Key allegation—City's at large election system violates Section 2 of federal Voting Rights Act Dilutes minority voting strength • Prevents a combined group of Black,Hispanic and Asian minority groups from electing candidates of their choice("coalition"claim) City disputes facts alleged and legal assertions Bench trial October 6-14, 2020 June 1, 2021 8 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is an overview of Virginia House Bill 2198: Virginia House Bill 2198 Adopted by 2021 Virginia General Assembly Notwithstanding any other provision of law, general or special, in a locality that imposes district-based or ward- based residency requirements for members of the governing body, the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the locality at large. Also applicable to School Boards Here is an overview of Virginia Voting Rights Act(HB 1890&SB 1395): Virginia Voting Rights Act (HB1890 & SB1395) Adopted by 2021 Virginia General Assembly An at-large method of election, including one that combines at-large elections with district-or ward-based elections, shall not be imposed or applied by the governing body of any locality in a manner that impairs the ability of members of a protected class, as defined in 'S 24.2-125, to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of a protected class. Establishes pre-clearance process with State Attorney General Also applicable to School Boards June 1, 2021 9 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is a summary of Combined Effect of 2021 General Assembly Actions: Combined Effect of 2021 General Assembly Actions Even without Holloway case... • Current system must change for 2022 election • 7 residence districts become wards without further action by General Assembly 8 Citizens will no longer elect all 11 City Council representatives • Vote on single representative for their ward and at large seats including Mayor 3 at large districts under current system subject to potential later challenge in state court even if City prevails in appeal Holloway v. City of Virginia Beach District Court's Opinion and Order(March 31, 2021)found that City's election system violates Section 2 and is unlawful: By a preponderance of the evidence, Plaintiffs have demonstrated that the at-large system of elections for the Virginia Beach City Council denies Hispanics,African Americans,and Asians equal access to the electoral and political process,in contravention of Section 2 of the Voting Rights Act. Prohibits further elections under current system Court to determine appropriate remedy in future phase of litigation Court to award attorneys' fees and costs to Plaintiffs(subject to later determination of amount) June 1, 2021 10 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is Holloway Case Status: Holloway Case Status District court has thrown out current election system Plaintiffs preparing petition itemizing attorneys'fees and litigation costs per court's order Seeking at least$3.88 million,with additional costs accruing during appeal g City and Plaintiffs preparing for future hearings on remedy phase R City has filed notice of appeal and appeal is in progress Here is an overview of Possible Remedies for Section 2 Violation: Possible Remedies for Section 2 Violation Change some or all at large Council positions to ward or super ward seats. Residence districts function as at large positions. hesluence Ward super Ward Minority populations can District Larger geographical area represent a greater within city that overlaps proportion of a ward than two or more wards entire city;therefore, Each candidate must Each candidate Each candidate greater ability to elect reside within the must reside within must reside within preferred candidate. district geographical boundary geographical Plaintiffs:remedial plan of district they serve boundary of district i should create at least they serve two districts in which Elected by voters of Elected solely by Elected solely by minority groups could the entire city registered voters registered voters elect preferred residing within that residing within that candidates(opportunity districts") district district 18 June 1, 2021 11 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is an example of an At Large election system: Mayor Elected At Large e�A 450,224 City of Virginia Beach Here is an example of the Ward election system with ten (10) Wards: 1 2 45,022 3 45,022 7 45,022 4 45,022 6 45,022 5 45,022 45,022 8 9 45,022 45,022 10 Wards 450,224 10 City of Virginia Beach 45,022 June 1, 2021 12 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is an example of the Ward election system with seven (7) Wards: 2 64,318 Seven Wards 1 450,224 3 64,318 4 64,318 64,318 5 6 64,318 64,318 7 64,318 City of Virginia Beach Here is an example of the Ward election system with three(3)Super Wards: Super Wards 450,224 2 150,075 150,075 3 150,075 City of Virginia Beach June 1, 2021 13 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is, "What Comes Next": What Comes Next . . . . Trial Court Parties submit proposed remedial plans to trial court—July 1 Court will appoint Special Master, review plans and implement remedy— Fall 2021 Remedy will involve creation 3 minority opportunity seats from wards/super wards, only mayor at large City will actively participate in remedy phase Propose system and remedial maps Seeking public input on preferred system 0 Minimum of 3 minority"opportunity"districts Could be 10 wards or seven ward/three super ward system If remedy imposed prior to release of census data,boundaries will have to be adjusted Attorneys'fees and costs award determination Here is an overview of Holloway Case Appellate Issues: Holloway Case Appellate Issues Whether minority groups may be • Other appellate considerations combined to state claim under Section 2 • Appellate outcomes involve high as a matter of law level of uncertainty; no outcome can U.S.Supreme Court has not ruled on be reliably predicted viability of"coalition"claims Fourth Circuit has suggested,but not • Expensive and time consuming to formally ruled,that it did not approve of reach final result even if favorable "coalition"claims • Next general City Council election is Other circuits are split November 2022;Candidates need to Whether those minority groups in know system and districts early in Virginia Beach tend to support the same 2022 candidates as a matter of factual proof Standing,mootness and ripeness of Plaintiffs'claims 24 June 1, 2021 14 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is, "What Comes Next": What Comes Next . . . . Court of Appeals City will seek expedited review with briefs filed in June—early August timeframe Will seek to have oral argument and decision by year end or early Q1 2022 If City prevails, City could seek to re-draw maps to implement seven ward,four at large system Further appeal and or stay possible Virginia Attorney General would still have to approve new plan and maps under new Virginia VRA If appeals court sustains trial court's ruling Further appeal to United States Supreme Court likely 2022 election will likely be under trial court's remedial plan Here is an overview of the Impact on School Board Elections: Impact on School Board Elections School Board is not a party in Holloway case Ruling refers only to City Council elections By City Charter, School Board members are elected in same manner and according to same schedule as Council members HB2198 changes School Board's residence districts to wards Most likely result: System adopted by district court will apply to School Board Ambiguity as to 11th School Board member School Board has 7 district and 4 at large members School Board chair is selected by Board,not by the public Charter change likely required after new City Council system is determined June 1, 2021 15 CITY COUNCIL'S BRIEFING CHANGES TO THE CITY'S VOTING SYSTEM ITEM#71646 (Continued) Here is Public Information and Input on Remedy: Public Information and Input on Remedy Council Goal: Use variety of City channels to disseminate information and provide residents with opportunities to provide feedback In Person Digital/Media/Virtual Public Briefings • Virtual Town Hall May 11 Council Chamber • VBGov.com—headlines,update case June 1 Council Chamber page on site Others VB Vision,VBHA,VBRA,CBDA VB Chamber of Commerce,Virginia • City Page Farm Bureau Local Board • City Manager Update Council Townhalls/Community Meetings As determined or requested by • Direct Mailing(Mailed May 26") Councilmembers • Media briefings/placements Public Hearings • Social Media(Facebook,Twitter, •June 8 NextDoor,YouTube,Instagram) June 15 VBTV 2] Questions/Discussion Mayor Dyer expressed his appreciation to Mr. Boynton for the presentation. June 1, 2021 16 CITY MANAGER'S BRIEFING STORMWATER MANAGEMENT REVIEW AND STORMWATER APPEALS BOARD ITEM#71647 1:49 P.M. Mayor Dyer welcomed Bobby Tajan, Director, Carrie Bookholt, DSC Administrator and Seth Edwards, Engineering Supervisor—Planning and Community Development. Mr. Tajan expressed his appreciation to City Council for their continued support and distributed a copy of the presentation, attached hereto and made a part of the record. June 1, 2021 \1B N or t Virginia Beach ormwater Manaement R egulati ons & st t er Appeals Board City Council Workshop June 1 , 2021 Robert J. Tajan — Planning Director Topics Three presentations focusing on : • Preliminary Stormwater Analysis • Stormwater Management Plan Review • Stormwater Appeals Board Updates Virginia Beach Preliminary Stormwater Analysis Carrie L. Bookholt, P.L.A., Development Services Administrator Seth L. Edwards, P.E. DSC Engineering Manager _ Purpose • Provide City Council with an informational briefing on Preliminary Stormwater Analysis • History • Intent at adoption • Current requirements • Case Study • Feedback History It's Our Future: A Choice City • 2016 - Comprehensive Plan includes language for "Secial Drainage Considerations: . . � • Specific to Southern Rivers Watershed -- based on "special drainage considerations" Ytll]dl FA./ 'Strongly encoura e s " a Preliminary drainage study for discretionary � applications CITY OFVIRGINIABEACH COMPREHENSIVE PLAN • Intended to evaluate on-site and off-site ' . Policy Document flooding impacts with a proposed °°„,...r, ,2°r Amenaee Januny AmeM°e Jw,e 70.201� Ameµ,etl OecemOer,2.201� development AmenWe Jum 2.7020 48,.1108E June,6,2020 --- - • �•-•—•-r Intent at Adoption f ., • 2016 6 , , . �,1 •• Initially 15%-30% designs _ 9 were requested used to a N 9. _.._...,. check for major flooding - � concerns and ensure proper If'.; w. ` K stormwater facility sizing �y , • ;-��. • Similar type of information r r-' 1, used by developers and the d • ' City to scope costs and t�� ' -' _' potential hurdles and ._ _ _I feasibility based P- - -- - - }�)��x+PI+YYM)at ,..xi.aKd "•, �.aId �raud+�' j�' �,go,,., wi0,� `%t 19 r+.m awiwti>P Apn1S e6euieaa as}sew g�,�,,�l rW��,s�y•� z u.uW��i•1 ��Aieu+W4a+d W""' Alin eq; woa1 siapowgns �.w�„W s,. ii .nro� �i , 41u•LLMLl i41 `Wpq•d.il 111% m dPi • kTl$ w• nntd�nxr0 1 �uiz!I!}n auop nnou i� „w.�u� �,•„�Y,��W SI spaaload 1SOW JoJ sis�Cieud ,..,. •- �"3'•`• �s .d �y+�LY4 i� ud.ao • 4i+N++ai• w: sUuli•M�le aa�ennuaao4s /C�euiva!IeJd • .a4a• ;+AIs ,.W4•+dw.wwi+w • p,,..oV.Y.N ei,,,..�,e`i Pai`i°;'D•W pµry M°'°u`"'H�" s •sq�uoua 9 uiq�inn pa�dope aq �� at��"« •°�°•° �° .,�"�•ti *MI"> ao'+ � °` ray"°"'•r w rw .,wu c o1, spiepue}S s�,aoM ai�gnd ��°"�°" `"° ''a, �y,•P,re.+«'�'+•�Np,r,.r;pM a"aw"�'�No.aw:'"'•" pa�epdn jo uogediai�ue q�inn °i .O 00101001 sq}dap Ile�u�ea • �peseaaaul 3 M° o N `• ;'a 14 Asa ,osw 6 ."+• ., • „oedrv►�, .o c p u e as is I e e • �eas se p n�a u i • w.VMMAV� S••••• �, �+� •0' ,i.Y,,,.Y.d ,,�„w ,.41. �� 1,yi. tluaew+'� �Or ma W P�4.!♦i.-PMNm �w u.i uW' wv�°Jd M•A" 'q , a pa�epdn nnainaa ao� i.4\�I�uW awui.M4'444 nswou^ .wp w p� u.td ul ru%iW INa.W v�MuP'+NWur i•s .w>•W WY., ,...µ LL• 77 ems•WW uemmut rwn"uromits i"C R.1 00,04Y MS S u r.o• w.'.' _ 8IOV IN + s�uauaaainba� �eQ,+"vs°.�� - w . „ . Oin • w.W i0r wW Jrriuu4�^"'_ 6..Ot.b1 , • NO uo y�,�i.ow lus'd`"q.p W ,i w tiAtmovv ..,U, "M° y; y`,�,a • W+uv d 1SNeJy irNuadd'•»ier+�'aig A •toot/4 Pos..• s u e ua a s ! n b a u as n ,, , ,,Ir, ' U ,.1 r, ytitilr A- _ ,. �aleh`uJaolS tlUau►ad4nbatl sls�t•�d'u11"a�45u3 �,,..,.-. Preliminary Stormwater Analysis V3Vir;inia Beach City Map Mapper Infrastnrctur • Conceptual Plans show general ----- -- aAddress,GPM.Owner, Ro, Q �? if 5 layout 6 ,' ____) _. J • Information typically based on in 4 -2 available City GIS data 11 , , t. - � °" jr. 1:9 ,,., .-/_, • No survey or topographic information ' 3Q� 1, \- �. in City data is not typically site specific i . ,J•• / • No geotechnical data provided 4 '�e f',• '\ a, • Final details of specific site design ..--- ,a� �y .., 1964 , completed with site plan /(-- ` .SNN . p ,Q 1930 -0 lit h ` ` ` � o tll \ V Nt ". ,\\ �\\ 1 9 ill I. ii : Nikk "! \ `�\Ii L. � e1 N I I `;`/ `e h I I I K p m ' rip .=-2, \itk, ii\ , ♦ II11111 1 V I ■� i Co( 9UIIII �� X if i1 ,f z CO I1 1 s v/4 �I ` II{ 1 I 1111111 -�!!!!!!w■w�www i li e +. ? I 1 J.as vo - ~' q 1 gi f,:: 1 141 0 L t _ r . ri' g A G _ __arc.:..:,:..i..:.:_f l�R t Cl) 1 \E> la . III W in_ 1 1 ♦, VI a) 0 0 '� _ C i3 (1) co 2 N -� E •,c a o m CO cos a) ,.‘a -0 a) 0 .v O v 0 SIMI 4:11)c > as c Cl.C� CI) > a a. 13 Q U NI Case Study - Gee's Group - 1964 Fisher Arch • Preliminary —_, __ .. -__ _ __ 1 r_•e ---____ -sm-===— , �. Stormwater ��" ` • m Analysis package — Cu.<Co. • � u�es was 94 pages M w_.M� �.�.. [•RYW 11 ' .fOI...NR11 • • M•4 u' WMQY.YI . • Includes analysis , , �-- . o ofSWMFand - -0. = - 11 potential impacts ii I I I I l l I I4� I I Hi 1 .. .. . to adjacent -� .. ...„ _ . . properties or . ...„ .....„. aE {� N.l MLA Yl or_41 • {' .6 upstream / downstream • f • gWN..4 pWoP P f1I MVIYI sto rmwate r _ r z;.. ___ ,leACCC. NNR'N. system Case Study - Gee's Group - 1964 Fisher Arch Initial / 2nd 3rd Submittal Submittal Submittal Accepted Octoberf February May t May 2019 2018 2019 2019 • Total duration of Preliminary Stormwater review: 240 days • 3 submittals with combined staff review time of 56 days Case Study - Gee's Group - 1964 Fisher Arch Site plan design =T_-.=� - - - _ - _ - ._ � : . �.� - - _ : _.. • .rnr rwa r a..wa. • Analysis package -. `��'�°` ._. II 2=7.11 was 242 pages . n-� _ °�- . _=„•, • Includes analysis �, ,�:.. _ .� , p ,„; of every piece of •_ -:_.- _- . . - ' � I pipe on site -- . t ---iii .- ,• 4 1 • • Accounts for all .• .R �.:�.- v..... . ff r.- • .. r utilities and other �I:_ I t. ` . �. �1 ; J'.• • _ .- rti s ra f t , ..,.. «..._.� e,.. ..4 n r• potential conflicts • - - � • �.� ;v- ! c) co o V aCCU %-- a O 0) CD •NL3 N E LL L 0 a co Aliti C '; _ L • 1 N L 0 E N D CO nq L G) Cl) r . Q L` D CD W CO L.L N 0 o 0 1 � a2 11 =, 12 E " N 'O .mi N � UO = u) o N l) O RS U- - .E cB N a ra E Q N ,3 CO O u) V F- gt • • Case Study - Gee's Group — 1964 Fisher Arch n• Y ♦f 1 7 �II " L .* • ■ ■ ^ ,' . • , of r` t • City Master Drainage � � 1 q •, .• r , s ' Submodel provided todo i ! , ., :* • applicant wp,� .� Project EJ •.4i • ♦ >, �4 : �•:/ ,, p p , ocation • . •. •- , ' ,-, z ' • Covers 600 Acres e�,;'. "-. 4 Jx ' �' r • 123 storage nodes •_ . . -� • 170 'unctions :� �- _ r \. `1. k, • \ ' :` . 1• ''_ _ . , • 450 pipes _t „4. o '__ � , .,...\....,/l• ------_:___, i." ,' 1 . y . a. ,^� Case Study - Gee's Group - 1964 Fisher Arch • City Master Model - �� / � - .Q 4: • 10 acre drainage ! `' ` ` _" ` ,' \ A -j area that includes this 2 acre site ,:`{, " �. ;1 ' Pipes 24" and larger ' ,"41,".,;), " ,,,,,,,,,4,„,:..,',,,,,,,,',. ',-. :',T,.,,,., . . ,%` �p',dit:: \is s '" .s ` 15 Case Study - Gee's Group - 1964 Fisher Arch • Preliminary Analysis 4� � , / ; • Model a • 10-acre drainage tj area � �' - �� •� sd) split into 2 areas -� �'�` -' •° � 9 • 8 acres offsite 4 ) ��' \N • 2 acres onsite � ` , �� / r �a • Added 3 structures, 5 � F ' �- pipes, and BMP i -,....,, .„, Ai. - ,... , , ■ • Review BMP design to Jj,' y. ,s ,N ._1 Q ♦# e, iw r e , show no impact to / ��• �r� existing City system ° = _ �, 16 Case Study - Gee's Group - 1964 Fisher Arch • Site Plan Model n./, 4\\ f , .. A * IC:. °', N • 10-acre drainage area f : t .. . ` �, \ yYy ; ,. split into 14 areas , .40., � . `°� 4,,,,,, - i • 5 offsite "i 444 i, � _ •. :.# �ry i � � �" A te • 9 onsite ., '0 ` 4- N. NN • Added 15 structures, ` r �� -17 pipes and BMP ,,• Review for potential , ` . �'�.` � ` ,AwY ; f� / ,„, ,/ a\ onsite localized ` ' 3 ,,. ,\ ' ` c, �°'� .,'. shy . pond , // ing in addition to ��` � :� = -_ no impact to existing ' City system 1- Case Study - Gee's Group - 1964 Fisher Arch E.—58.2 ft--owlT lkiiiiiiii,„ 66.7 ft (IT5ft ,..„--) ii, 0 Fer. ❑Imperv. 2ero-imperv. 'c,9-Parcel_A-10 B4 Conduit.Parcel A•i0 64:BMP Parcel A10 Infiltration Attributes Infiltration Method MODIFIED GREEN At Name Parcel A•10 B4:8MP_P N. 4 Suction Head On) 8.27 i Inlet Node Parcel_A•10 84 Conductivity lmrhr) 0.06 4 ) Outlet Node BMP_Parcel A10 Indial Deficit frac.) 0116 Ns,.sFI ._ Description Pttributes Tag 46 Name WS9-Parcel A-10_84 i Length tft) 17 `�-�.r; )(Coordinate 12212933.155 L �' Roughness 0.013 Y Coordinate 3441564 137 Inlet Bev.tft) 6.85 Description Outlet Bev.4t) 6.8 Tag Intel Row Ids) 0 Rain Gage Universal `-- Row Limit Ids) 0 Outlet Pa vel A-10_84 Entry Loss Coeff. 0.35 Area(ac) 0.089 Exit Loss Coeff. 0.25 N.. Width lft) 58.15 Avg.Loss Coeff 0.47 rng h tft)I< 66 5 _` Seepage Rate fn44 0 Slope C.) 0.65 ...,_,y Rap Gate NO Imperv.(7) 92.13 Cross-Section CIRCULAR N Impery 0.015 Geom1 6t) 1.5 N Pery 0.292 Sample Pipe Inputs Sample Drainage Area Inputs ' TE'Z EtS'6SS ;3 TtLtO'c' 390-07860 0 t5T'T LCZ'Zit 8'94 401,4Z'Z Ott-08L60 (e T n q IJ TT a 0 95'0 LT'STT tT'S6 SZL'0 Za OT-Y Taozed 0 EOt'T L£6'Z4£ L'34 33ELZS'T 99t-08L60 0 S9'O ST'SS £T'Z6 680'0 tS 0I-Y T 3sed 0 L'0 60S'Slt SC SStTGZ't ZSS-08L60 a i��a a d s) 0 WO TO'86 Tt'LS S£T'O ZH 0T-Y Ta32ed 0 55E0'T SLO'ZZZ 3'ES T436tt'T Z£9-0T860 0 35'0 5Z'£5 tt'T6 LSZ'0 Tfi 0T-t TaOzed 0 6S8'Z TLT'TOS E'TS 50ST?L'Z 8S9-01860 amen p a u a a 0 t0'T EL'E£T 6T'£9 LOVE' £Y 0T-Y "oLP Ta01Qd 0 ZLZ'T SSL'TZt Z'OS OL£'t 9b9-0I860 0 95'0 3S'Et 5T'T S$0'0 Zi[ 0T-Y Ta03ed 0 TS3'Z t58'69T 6'tZ LZSTPSO 9L0-0T650 0 OS'0 tS'E£ 0 LL0'0 TdN 0T-Y Iao3ed 0 Z9'T 3Z8'T3Z 4'6L S9tZ£L'i S90-OTo6G O o 36'0 ZE'3TT 0 SO' O OTY p Taed dWfl 0 TE'Z £66'6SE 83 T4L60'E 330-07560 aeluG • 0 L9'0 0T'691 0 LES•0 ST6-O£760 0, ,.: row' T6£ MIFINIP1 STS-0£T60 0 69'T TS'I2T 0 LSL'0 £TS-OET60 0 S0 0 L'iti 0 ?02'0 tT9-0£T60 G 3i'T t6'SbT 0 TLS'O ZT2-0£160 v 6T T ;rZ6T Lt6'0 £IS-0£T60 (Mall e I o q M) amen 0 T8'0 90'91t 0 £LE'0 TIS-0EI50 O ZS'0 AWAIT 86E-0 TTS-0£T60 0,.,, 5TS'0 S "'3LE 6'07. CSS006'Z t1T-OET60 C! 6iS'0 SSS'3LE 6'CZ ESSO06'Z 41,T-OET60 p a 6 u a tl a - Mo II aA • 0 S3£'T 6TT'tTt S'L SZ£T98'S 9L7-0ET60 0 53E'I 6TT'bit 5'L 55ZET?S'S 9LT-0£T60 0 Z4S'T £bS'9S£ 014E t4£0L9'E ZZZ-OET60 0 Z'S'T EtS'3^o£ S'b£ ttE0L3'£ ZZZ-0ET60 0 EZ4'0 St6'tZZT £1ST 6TLSSZ'5T 9TZ-0£T60 0 EZt'0 S46'1lZT C*ST 5TLS^o1'61 9TZ-OET50 Mail - u a aJ J • 0 Z09'0 Z93'£6L t'0 £05595'L ZTT-0£T60 0 Z03'0 Z33'E6L 4'0 E0SS35'L ZIT-0£760 0 TSZ'0 i0T*SOE E'5T SZS86T'E ZZT-0ET60 0 1SZ'0 TOI'SOE CST SZE^057'E ZZT-OET60 0 ELT'0 S55S'9tt S STTZ96'3 Z3T-0£T60 0 £Li'0 S95'944 S SIIZ36'9 Z9T-0ET60 S� 'I I 0 S £03'Et4 SZ ZZ40Z4't £ d fl SW1tY3 N30lifIW 0 S E03'£44 'aZ2402t'4 £ dWH Sri2fY3 N3CINfW �/ • 0 SSS'0 £US'9S£ 6'Et T39Z09'Z b8T-0ET60 0 SSS'0 £O3'3S£ 6'Et T99Z03'Z t8T-0ET50 Si a a l l,l�a d 0 T90'T Tt'SSE 6'64 ZZLS'Z EOZ-OET60 0 790'T Tt'SSE 6'6t ZZLS'Z £OZ-OET50 pu 0 S SZL'ZES FEZ 55TE9£T'S T dii2 S5 Y3 N30NfIW 0 S SZL'ZES FEZ STE9ET'S T dW6 51dY3_RXnfIW 0 S SS8'13S 3'65 LZ^o68£'t Z dW6 SWlTY3 N3Qlif1W 0 5 SS^o'i3S 3'65 12 65E't Z dH8 S.INY3 N3CINf1W lndui pai�ipoua 0 TZL'0 t5'85Z Z'LL L60Tt6'Z 89-OET60 0 TZL'0 t6 56Z Z'LL L60Tt6'Z S6-0ET60 ,l 0 SZT'Z ZtE'T6E t'£S SOSTL' Z tL0-0£T60 0 SZT'Z ZIE•T6£ t'£"o SOSTLP'Z tL0-0£760 ■ ■ ■ (1 0 ;83'T 959'8£E 8'6T 9SS6SS'E 50Z5-05L50 G 559'T 9S9'SEE S'67 9556551E 50Z6-0SL60 I 0 L£` 6ZY-OEI60 0 LE'0 6ZY-0£T60 I I e J O4 s 3 a u o • o E88•0 Z£S•LS4 S'tf. 95696E'E 66-0E760 E5oo'0 ZES'LS4 S'4L 9549611E 46-0Ei50 _1 ' v 0 SOE'0 3S3'ZL9 t'T EL99T6'tb 3TL-65660 v 0 SoE'0 359'ZL9 b'T £L99T6'44 9IL-66560 , lief‘ ZuOH al605 II^d -- I0313100WI Iapowgnsaoaidia W a6Pe9P e5 illSifidlapPA£•oe2idA0pl NO SO t{}1Z02 1001. nna i naa 05111Sl54loPI AE•1/ A001 NO 539 9Z•t0-IZOZ uogeivawm00 SnieiS Slieia4 al4oid 4de.10 algal oeW u o s u e dw o o • • goad aagsi j v961 — dnoi s‘aao - Apnis ese3 Developer Feedback • Enhanced risk — noguarantee on `uSEp�WIT �N��pNA approval. C te4�est f°r a A • Time delay \ osea k0r this proPe ,a'a , 6,4 prop Wdl no mmissio�,nia Beach • Cost .�heQ�arn��c°at�heV�� ' v��ear,��ntiwr`ce°tee° • Doesn't follow standard \ R coven 12;Ofl n�Qan�g,Ni11 engineering practices at ,,ch Ub aa' • All utilities (storm, sanitary, and v c°t"`�� **It No °�at th o renter water) should be designed at the kol °,,ant �o same time to avoid conflicts c° at�°oQ4m .5-a62t • Storm system designed at preliminary fot phase will need to be completely F°` -- .441# updated based on final site design details 0 4-11 V CU ID � as c z CD � ._ L. aCD = ems . � ° ° >, 0 LLiii. O F- iCI. 0c) L a. 0. O0 c i 4 f ` ` C v tia C♦c a`•' alit- "/.3 4?,F 3�`�,� « „ �ct" of ,�� .• a iS If rp�DT �r.� ee ‘)tk act o� c`` Yj F II• . •4,i/.* `o` t4pcaCt. •` ,y �C S y s•cp•o c`�.`d0 ♦4 II pC a t C� �Oyti� t.• st • c' a o�' tI °•F .1 �. cc .� ati$t d E6- a'0 o�`~ C� a ? arc It!. ,. o NO ¢ o ,,I/s:i " t i:4 o♦3 ♦ f 6 a C Q J 42, , it 3�P• ' • ♦rc 0 y�r� CC ° \♦p tQ _♦Co Fe �O .• d.``p� -' ` a c a` a o� a s I ill • i ♦lyc � c: ØJ `s ♦iy. F , c C ,:Z/ t{ lpeffs • 4a \' 4/ ffar3 IF 'eitF sp s /t/ iu , e , ~ e `/ ill ♦Q e I//i dais♦ ,„, , 3 �` , F * ` ` - t °cF 3 s,;Q ftif i l ii %' . le aY o- ,$ , FtaI a ,� �i P sc aCc♦ ii b./ . k d �+ 4°a♦ a, ♦alF ,E r j �/ii t� f� ��r a��a�, Q<4 ail I ti t 11/! y .. cCtf lip . N" \ ♦a 1/ : Conclusion • Stormwater analyses intended to 'right-size' development • Sufficiency of stormwater summary currently provided • Staff can provide summary with a design that falls between feasibility and full design • Should Preliminary Stormwater Analyses be required for projects outside of the Southern Rivers Watershed? City of Virginia Beach Stormwater Plan Review Purpose • Provide City Council with an informational briefing on Stormwater Plan Review for private development • Current concerns • Plan Review History • Plan Review Changes • Regulation Changes • Impacts for Development • Process Improvements Current Concerns • Time for site plan review Submit • Review cycles are reasonable • Number of cycles necessary for plan I Review Review approval has increased. • Technical review/design = time = $ • Balancing compliance with all regulations - protect Citizens, welfare Submit Submit of City while promoting development/economic vitality Review cn O -o c CCS CI3 — O) D (ICS N EL. Q U) 2 cn 0 C oo N 0 co O r N � � r . N Q O .C O V/) CN U) oQ A—, C6 -0 Cn E N O N CO i — — O) Ca C co A__, CD .� (I) -o co Lo c6O >+ N U) (i) c.) co Timeline 2014 1 • Delegating responsibility from the State State to locality Stormwater Changes • Technical design criteria updates Adopted by • Rush to permit/grandfather projects City • New quality design : Virginia Runoff Reduction Method (VRRM) • New quantity design • Energy balance - check volume and rate • Limits of analysis - downstream check Timeline , , 2016 • Change in review approach from accuracy to Fall storms correctness Mathew/Julia • Closer review of design assumptions • Ensure a realistic comparison of how much water leaves a site pre-development vs. post-development • Interpretations of Public Works Specifications V and Standards 2017-2018 • Communication reopened between Public Works Planning Stormwater Departments Models • Requirement to use updated information from Interpretations Stormwater Models as available Design Assumptions • Higher tailwaters applied statically • Check for no impact upstream or downstream Timeline • Incorporates sea-level rise data 2020 in • Increased rainfall amounts Public • Requires use of SWMM software for Works larger projects Design Standards • Check Storm = 100-yr. storm Manual • Existing City infrastructure not designed to carry 100-yr. storm • Analysis of 0.00' increase in flooding levels as specific requirement • Finished floor elevation 2' above 100- yr. design storm on Impacts Development - Small Scale • Impacts to staff • Each review takes longer and takes more submittals • More complex engineering, much outranks the I/II level • Requires significant training • Impacts to developers • More time / more money (in development and construction) • Less developable space or more variances needed • Impacts to property owners • Entire yard often filled with BMP • New lots built higher, creates risk of unintended flooding of adjacent properties (i.e. flooding through or under a retaining wall) �+y + c <- ,fJG 7p'atrxtn�,��,Cam: [TV7° vG,9S.NC i .L i J#a. -1' �. -" ®-P,.. .c il'C MI Sit .zt `. 1 ,t ` OC'zt tta Cr rt13O 33S) - 'Irrri $4: • t 3E.SZ It 30AOad nn �q�' Ohio0' �. NIL._ A13t 1 a) $i_ 078 .�44' ' 3nr3Bv L__=, to if' ra:.. . WNW, i� p'zt-.!! 3'lRJ�� . '" mil, 2 Er\ t c xrvwo • - 9tc1-u i 1 IgaOd,1atN3 •„ l 11 CI3Y3tiOJ . ! li' ."9 St'C•.Sz S ;z 6$ ' it4 +>e OLCt-lf o r il•fl .� (vr.x I i. OZ tt - 0.Nh13§ eld t x3wna _ I'. • w .1a.715 C OL Lt 'O ±� ! ' . 0 C350d0ad and Jd a o CI f t wr 1 � '\jq'ty ` L .zso g ° E. ' 1 ) _ Bttt..L ? - N tt I ;) EaE .1 066 ri aW At sf Ttt� Clif) _. _ . .00t?,14 '� - --+xc,09. 1-0 I ottV, • OZt.00 1 .0 i't Od t.-2! I •----- • B J.Wr • • t170 335) t I WIT)QNV ,'• Miliav° ` I 0 v s �B'uV Ortio the. a4' N 14d! ® 3nti8r x 3: + i L9 1L41 l' MAN 'L i6 - fl GI) 1 • �iOMd iY O E , _ IX ) CO'OI AN k•9xp ;' I 0311e1 .tf Vitobal-M CL. - • M0177110 C9't t1t1 11W.x-<t womrs. i 0'19'- ,lef •.l Ltc'• M.00.E00 N (B 1ht30 33S) x" ail 4.9 1 C 1 0:-. B2i Ot-MO S•ANI Cam' tl OZ'11 •NW'31rq..• NO!-• • d OM BC I a.331Y.t',Win S. L+t.0, 0.0..9 I Marx r 'O I S •a) . -0 CI ..c V C >1 a) O > o � O a) cts I. l -mil I — ( 'r N O .. Co a) B- 4-1 _ on Impacts Development — Small Scale w 1 pi lip ' - f,P, li IA. 11!:: laVe ‘' • Case Study �•, • , t4U41_ni k l id --.. •- • I .:. v. ' 1x ,...- - -,1 ' . .... , • Multi Lot Single ',,r-- - . i M I I M-111—i— — _. ri . \� ,. . S . — _ h ' Family — Atlantic ?. � littr , ��% =4`rf'=-_:� - -- ___ - -:- _ ill •Ave. _ '' `=�- - , 4 ;� - ,• •• ' = ' �, I • Original plan desi n ■ K14;�;;, �,g g .. ., F, o . : . x _ I:, 1 1i. approved in 2014 _ �Q s1: , g `� ,i `tpn,, a+�ev^ I 4 IT I , ■ ■ 1 • Blue outlines depict . , - ° R , " ' ., :- li rr • • J• bioretention R . '" � • r rK� 0. it'll / ,M•r ‘ facilities mai _ — •�= • 1.-i�-3 er— •fir 4 —IN I— • 1 ? `V' ' ,mcc`• t •'b. I — �i. — °os - �.� Impacts on Development - Small Scale � O Ji ,''r► .�I• err 1 . 9• N OT15'�JW Ill i _—, -bY'r: :ow • Case study �� r, ' ' • Duplex — 23rd ,,u' .�� ."�—�6.B-- __r?5, / 8 8t Street ' i - .�- I. Ft7 p, 0 1475 , r i 1 a snrz-B n "'' JO'CF— 6' UNIT A �d'/ 1,71 MI tttt! Currently under a75 +n �I ND 1 '/1-STORY ; " • � � COMCRE1d � � -..� �i• � •��8 �� PERFORMED y B DRIVEWAY UN 8 ` n p . g+ pD IX SINGLE FAMIIY DWfICINO ■ I 2 1/1-STORY �;17 9,. $ FF=11.85 review � �l { _ BENT + — R�SEIYER s� i l „ ... � 85 i'J *j. FRDtI vRnt r 1 DWELLING m 1 • Blue outlines .a.,.,, ,a _1,4 n:1 itLURY l: _ ,, % ' ,, r coca STRUCTURE z' —' -' depict ermeable 111 �A .J PA1KJ1. rt� - paver driveways a g - - r. pops s»�F and detention r ,�A-r , . .i w mewl liI , . _a.- J .° 's, PROPOSED HVAC era, t t r r r' off, � PERME/B(E -- basins s s' z—s —z—z '� PROPOSED PAVER BOND ' m,� , pS4flS.E .' �' .. . NVAC UNl15 Imo 33 —on Impacts Development Large Scale • Impacts to staff • Each review takes longer and takes more review cycles • More complex engineering, most outrank the I/II level • Requires significant training • Impacts to developers • More time / More money (in development and construction) • Less developable space or more variances needed • Often requires underground storage (costly, hard to maintain) 9c \ It' 1 \, 0.)..H ..„00,- .1 • ,?.,•,"' t,' 47' , 41,. ip, - '"rn'r-" peoj Aeuuo9 pue uoiln4i4suo ; R , { . 1.e 4uawdolanap 00 II M .n .O •Cpnis asap .a it, aI ea s alias - luawdoIeAa uo spedwi ..4- v to : ,_ - // ,:,, / -' 4 I Vii t ,,, ,,, Co .../ --;-_______j.....,. ...Pc' _ )di __‘.,11 . ii-ill / V "----- -.' �t.. a) , ...; . r-----— 4 \ 01) ,//,<=. 11 g: Ig Og' CU ' / 11"-;/ 5!! ilili ! ht• J 4Xvt Ii Am. - --------i iii , - !I C I.s W '44. :eitz. 0,-,e,,_ I!! , E ` — \.4ez›- s--A>.'r $' Rilg \. _I — ' _ _s' � - - r- - - \ \- '. . .-''''''.' ..i... ..0 , A+4......7/ CD No a) o ca a) L. O — Q CO O — � = -a41111 O V CO •- � � p .� � v CU d) •. a) V •'— O Co CI _ •• CON _= aO N E U O 0 -0 .= m 'V 0- cis Impacts on Development - Large Scale • Case Study • .,, �. c 0• ��i► \�'N\- \ \ • City View II `X «, � .�T-+,fir �•!�a��u� •.n.��wui cZ' \ \�\�,� .•03 • t j.e■■�."�.■�1— \ \\ • Revised plan *-.-�.,, . � �� . '- ',?\, \` - desi n approved i n %ice`„ �i - . \ �,,• ` r0 \ \� g p pitv / N v�, N °O,\ An, . ,y ', 2019 �� a..":L.SYO YD ARARO.N 9AM Y Y�1�YL �� \\ 'C'iN `- \/'\\ DOM To utvgna as u i 'i 1 �� (I 1 1� [...1...k of �i��\ � \\ �// Li�� N'wl^ y _ • Blue outlines depict ,°�= 7 - - / I �,r"m u.■ica,.m s.m wiper large detention %i�� 'sill ' .'".�m ate" . .s. . �.:: • pond provides over L, ��,,1;; _ v e::110i �. � � \�\ .` / a rrs er erlv.cneol na:1 - 40.- — 8 000 cf of storage ` o ?` _-„ 1 ►�` . and underground N - - .,,, o ' 11* lir=-::: = ==--- ..-:,_:r%. :�,' system provides ' ' ,� �r E== '' ��-�-�,—i■- .1'41: _ additional 24,000 cf s 4-- Process Improvements • Coordination early/often • Presubmittal meeting • Possible policy change for small residential projects • More functional for small scale designs • Reviewing policy ideas development community over next couple months • Eliminate overlap/decision making • MOA in place between PW and Planning • PW only involved in larger/complex projects, > 5 acres City aj Virginia Beach Sto rmwa er Appeals Board City Council Workshop June 1 , 2021 Robert J. Tajan — Planning Director • Provide City Council with a briefing on proposed changes to the Stormwater Appeals Board • History and Purpose • Current and Proposed makeup of Board • Proposed changes to Ordinance • Appeal process • Feedback History • 2014 — State delegates `' responsibilities to localities and requires establishing /O Virginia Stormwater Management Program ->> ¢. r • Requirement for Stormwater Appeals Board .� , �� • City amends Stormwater b �� Management Ordinance as ;7, w ;; ' ' required Purpose of the Board - Current • Stormwater Appeals Board (as per current City Code) hears appeals of the decision of the VSMP Administrator • Application of the requirements of Stormwater Management Ordinance (Appendix D of the City Code) • Non-compliance with approved _� { plansNiolation notices • Appeals of decisions could be made during all stages of design and construction • Membership should have knowledge of each phase Current Board Makeup • No term defined • Six Voting Members • Ordinance requires Members of the board to include: • Staff member from Planning � � _. ;, • Staff member from Public Works ry • Staff member from Public Utilities • Three City Council Appointed Citizens • Retired City Engineer • Local Licensed Land Surveyor • Citizen (Retired with background in Environmental Engineering) Proposed Board Makeup • Establish 3-year term, max 2 terms • Remove Staff as voting members • Five City Council Appointed Citizens • Proposed Credentials of Members • ". . .three (3) of whom shall have professional or educational experience in engineering, land surveying, hydrology, geology, landscape architecture, ecology, environmental sciences, earth science, soil science, natural resources, chemistry, or other commensurate professional or educational background" Purpose of the Board - Expanded • Expand Board's authority to lB include Appeals to Public Works Design Standards Manual CITY OF VIRGINIA BEACH V IRGINIA DEPA RTMENT OF PUBLIC WORKS ENGINEERING GROUpt Chapter 8 only • Currently PWDSM Variances are DESIGN granted by PW Director (or STANDARDS designee) and appealed to PW MANUAL Director • Change to Variance section of " EZo20 h Fa � PWDSM will require approval �. . through City Council , " Appeals Process , , Appeal Hearing Decision made in Application filed scheduled within Public hearing writing by within 30 days of Elk 60 days of milk held by Board Administrator decision with Mr completeIr and decision (DSC or PW) Planning application rendered Department submittal / * Decisions of the SWM Appeals Board could be appealed to the Circuit Court (per SWM Ordinance Section 1-31 ) 4-, Potential findings of an Appeal • 11 findings listed in Stormwater Management Ordinance • Notable findings: • Approval is the minimum necessary to afford relief; • Reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, and this Ordinance are preserved; • Will not substantially increase the flow rate of stormwater runoff; • Will not be of substantial detriment to adjacent property or adversely affect the character of adjoining neighborhoods; • Economic hardship alone is not sufficient reason for approval from the requirements of this Ordinance; Feedback • Council Liaison suggests including Academic Professional on Board •_________________ • Coastal Virginia Builders Industry Association (formerly TBA) • suggests including active local civil engineering practitioner • Concern raised over 30-day deadline to submit appeal • Is five (5) members sufficient? Conclusion • Proposed amendments to be brought forward during a Jun/July agenda • Changes to Board makeup to remove staff as voting members and increase number of citizen participants • Formalize appeals process through the Planning Department i f I i It C .0 M MEM . (i) CO = (1 mi) Cl) CI•MEI '. f k . \.., Ili 17 CITY COUNCIL DISCUSSION INITIATIVES ITEM#71648 3:07 P.M. Mayor Dyer opened the discussion. Council Member Henley advised on May 18, 2021, City Council voted to establish the Urban Agricultural Advisory Committee (UAAC) and in accordance with City Council's Policy that a Council Member who voted in support of an item, can request to have the item reconsidered if requested within thirty(30)days, and, as such will be requesting to have the vote reconsidered. Council Member Henley advised the purpose of the UAAC will impact the Planning Commission and the Agricultural Advisory Commission and should be consulted first. Council Member Henley advised the Agricultural Advisory Commission is a long standing commission which has advised on agricultural issues throughout the City and should provide input if there will now be a distinction between urban and rural areas. Council Member Henley further advised the Agriculture Department provides services to the entire City, not just in rural areas, and provided the example of the Master Gardening Program in reference to Council Member Berlucchi's concern for residents who wanted to have gardens. Council Member Henley advised any changes to allow domestic pigs and chickens in urban areas would require changing the zoning ordinance which comes from the Planning Commission. Council Member Henley suggested delaying any action by the UAAC until the Agricultural Advisory Commission and Planning Commission provides input. Mayor Dyer asked City Attorney Stiles to advise how to move forward with the reconsideration of the vote. City Attorney Stiles advised Council Member Henley would make a motion to have the vote reconsidered, another Council Member will need to second her motion and then the Body would vote. If the majority votes to reconsider the item, the item would then be re-voted on. Vice Mayor Wood asked if both votes are required to take place during the same meeting? City Attorney Stiles requested time to quickly research the answer as the Body rarely takes this action. Mayor Dyer advised this can be brought up during New Business. Council Member Wilson advised she was not in attendance on May 18`h, when the vote was taken, and asked how that would affect her? City Attorney Stiles advised she cannot make a motion for the reconsideration vote however, she can vote if the Ordinance to establish the UAAC is reconsidered. Council Member Wilson advised she was stunned to see that the UAAC was going to be a long standing Committee as she believed it was going to be short-term based on completing the study and providing recommendations. Council Member Wilson questioned the need for a long standing committee once the study is complete and the recommendations are provided. June 1, 2021 18 CITY COUNCIL DISCUSSION INITIATIVES ITEM#71648 (Continued) Council Member Moss advised the deadline for the bond referendum is coming up in early August and requested to have a Special Meeting to allow time to discuss the timeline on completing everything necessary for the public. Council Member Moss understands City Manager Duhaney is working on the timeline; however, he is still concerned with having enough time to get messaging out to the public and have a public hearing before the traditional City Council break in July. Mayor Dyer expressed his appreciation to the Body and closed the discussion. June 1, 2021 19 CITY COUNCIL LIAISON REPORTS ITEM#71649 3:17 P.M. Council Member Henley advised the Green Ribbon Committee provided a report regarding changes to the Chesapeake Bay Preservation Area Board regulations. Council Member Henley advised there seems to be a lot of concern with the regulations, including the consensus of the Hampton Roads Planning District Commission (HRPDC) and wants to ensure the Body is aware as they may be asked to respond and will have to enforce. June 1, 2021 20 CITY COUNCIL COMMENTS ITEM#71650 3:18 P.M. There were no City Council Comments June 1, 2021 21 AGENDA REVIEW SESSION ITEM#71651 3:19 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the Dedication of a 15'-wide (1,861 square feet) Easement to Dominion Energy over City-Owned property located on Loretta Lane 2. Ordinance to AUTHORIZE Conveyance of a Safety Arc Easement to the United States of America over 15.07 +/-acres of City-Owned land at Red Wing Lake Golf Course 3. Resolution to EXTEND the deadline for the recommendations of the Citizens Review Panel Task Force(Requested by Council Member Wooten) 4. Resolution to APPOINT the Members of the Urban Agriculture Advisory Committee to four-year terms(Requested by Council Members Abbott and Berlucchi) 5. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. Fast Track EMS, LLC b. MB Solutions, LLC c. Shore Transport Services, Inc 6. Ordinances to ACCEPT and APPROPRIATE: a. $197,811 from Virginia Department of Behavioral Health and Development Services to FY 2020-21 Human Services Operating Budget re security costs at the Crisis Intervention Team (CIT)Assessment Center b. $130,127.39 from the Federal Emergency Management Agency (FEMA) to the FY 2020-21 Fire Department Operating Budget re costs for mobilization of the Virginia Task Force 2 Urban Search and Rescue Team to assist with the 59`h Presidential Inauguration I. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEMS#1 and 2 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY June 1, 2021 22 AGENDA REVIEW SESSION ITEM#71651 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. ANATOLY& JOY ANN DRITSCHILO for a Street Closure re 7.5 foot by 50 foot portion of an unimproved alley adjacent to the rear of 737 Vanderbilt Avenue DISTRICT 6—BEACH 2. GERARD JANDOC for a Conditional Use Permit re short term rental at 4503 Guam Street DISTRICT 4—BAYSIDE 3. KIM DAVENPORT for a Conditional Use Permit re short term rental at 8809 Atlantic Avenue Units A &B DISTRICT 5—LYNNHAVEN 4. MARK A. MOORE for a Conditional Use Permit re short term rental at 2229 Maple Street DISTRICT 5—LYNNHAVEN 5. KERRY BURNHAM for a Conditional Use Permit re short term rental at 400 Norfolk Avenue, Unit B DISTRICT 6—BEACH 6. HALF MOON EXT, LLC/JAMES GOLDSTEIN for a Conditional Use Permit re short term rental at 305 16t Street, Unit A DISTRICT 6—BEACH 7. VICTORIA MASON/DOMINIC MASON for a Conditional Use Permit re short term rental at 304 28t Street, Unit 207 DISTRICT 6—BEACH 8. COLIN TOMLINSON/JASON WALKER for Conditional Use Permit re short term rental at 304 28`"Street, Unit 111 DISTRICT 6—BEACH 9. TENIKA CREW for a Conditional Use Permit re short term rental at 3236 Winterberry Lane DISTRICT 7—PRINCESS ANNE J.PLANNING ITEMS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBERS HENLEY,JONES MOSS AND WILSON WILL VOTE NAY ON ITEM#4 ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEMS#6, 7 and 8 COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEMS#6, 7 and 8 ITEM#9 WILL BE CONSIDERED SEPARATELY June 1, 2021 23 ITEM#71652 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District • Beach District • Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7); • Holloway v. City of Virginia Beach • Boothe v. City of Virginia Beach PERSONNEL MATTERS:Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies, Task Forces and Appointees • Performance of Council Appointees June 1, 2021 24 ITEM#71652 (Continued) Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 3:27 P.M. Voting: 10-0 Council Members Voting Aye: 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: Jessica P.Abbott-Ill Break 3:27 P.M. — 3:40 P.M. Closed Session 3:40 P.M. — 5:39 P.M. June 1, 2021 25 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 1, 2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Virginia Beach Convention Center, Suite 5, on Tuesday, June 1, 2021, at 6:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Pastor R. Perez Gatling, Ebenezer Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. June 1, 2021 26 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. June 1, 2021 27 ITEM— VIII.E CERTIFICATION ITEM#71653 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: 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 Abstaining: Jessica P. Abbott Council Members Absent: None *Council Member Wooten stepped out from 4:15 P.M. —4:25 P.M. during discussion of Publicly Held Property in the Beach District June 1, 2021 G�Nl BEAC G % f F J � S OF OUR N I�1�04 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#71652 Page 24 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. I , a A Ada ;a f•s, MMC City Clerk June 1, 2021 28 ITEM— VIII.F.1 MINUTES ITEM#71654 Upon motion by Council Member Tower, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 18,2021 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Rosemary Wilson Council Members Absent: None June 1, 2021 29 ITEM— VIII.F.2 MINUTES ITEM#71655 Upon motion by Council Member Tower, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of May 25, 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 June 1, 2021 30 ITEM— VIII.G.1 MAYOR'S PRESENTATION ITEM#71656 RESOLUTION IN RECOGNITION ATTORNEY KERRIEL BAILEY Council Member Wooten, on behalf of Mayor Dyer and City Council, welcomed Kurt Bailey, husband of Kerriel, and read the Resolution in Recognition of Attorney Kerriel Bailey, who passed away on January 24, 2021. Attorney Bailey advocated for nearly 1,000 children in cases of abuse, neglect, custody adoption and guardianship, contributing to her receiving the Champion for Children Award. Council Member Wooten expressed it was her honor to present the Resolution to Mr. Bailey. Mr. Bailey expressed his sincere appreciation for this recognition of his wife who was not only a fabulous attorney for children but also his wife and best friend. June 1, 2021 SL P -:-.., ---,-- ,t,""/""", 'sesus.-.... RESOLUTION WHEREAS:Attorney Kernel Bailey was a passionate advocate for children and she quickly rose to the top of her field representing children in cases of abuse, neglect, custody, adoption,and guardianship. On January 24, 2021,she passed away leaving a legacy of service;and WHEREAS: Attorney Bailey earned her Juris Doctorate Degree from Regent University School of Law in 2008,where she received the "Most Inspirational Graduate"award.She also graduated Summa Cum Laude with a Bachelor of Arts degree in Political Science,and she held an Associate of Arts degree in Philosophy where she graduated with Highest Honors;and WHEREAS: She was licensed to practice law in all courts in Virginia, Washington DC, and in the United States Bankruptcy Court Eastern District of Virginia;and WHEREAS:Attorney Bailey taught Legal Advocacy for her alma mater Regent University of Law on a variety of subjects and was committed to helping future generations of lawyers;and WHEREAS: She ran an active solo law practice in Virginia Beach representing children including those abused, neglected, and otherwise victimized, often appearing in the City's Juvenile and Domestic Relations Court;and WHEREAS:Attorney Bailey was awarded as "Champion for Children"in her field in 2014;and WHEREAS: She handled approximately 800-1000 cases involving children in her accomplished 11-year career;and WHEREAS:Attorney Bailey belonged to numerous organizations including the American Professional Society on the Abuse of Children, the Federalist Society, Virginia Bar Association,American Bar Association, Virginia Trial Lawyers Association,and the Virginia Women Attorney Association;and NOW THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby recognize KERRIEL BAILEY for her dedication to the wellbeing of children in the legal system and her positive contributions to the City of Virginia Beach. Given under our hands this l'day of June,2021. 49. 6,..46.1c Council9Kem6 es ' T.A66ott Council91em6er911ichaelE.Berfucchi Council-Wernher enley ge,..44 k , AQ Cou . em6erL is c Jones Council-9lem6erohn(D.91oss �7 7 Council9Kem6erAaron Iquse Cou . Wernher guy?L Tower Council-Wemher Rosemary WYson uncil Wernher Sabrina D.Wooten LINN V. or lames L Wood Wayor 4(o6ert W. "Bo66y"(Dyer 31 ITEM— VIII.H.1 PUBLIC COMMENT ITEM#71657 Mayor Dyer DECLARED a PUBLIC COMMENT: PROPOSED CHANGES TO THE CITY'S ZONING ORDINANCE SHORT TERM RENTALS The following registered to speak: Larry Horvath, 2505 Indian Hill Road, Phone: 284-1842, spoke in SUPPORT Steven Ambrose, 4913 Leatherneck Road, Phone: 621-5289, spoke in SUPPORT Paula Whitehurst, Phone: 496-6030, spoke in SUPPORT Alex Fatovic, 404 33 '/Street, Phone: 703-582-2835, spoke in OPPOSITION Robert Fatovic, 404 33 '/z Street, Phone: 703-582-2835, spoke in OPPOSITION Gary Sharpe, President of North Virginia Beach Civic League, 414 48`"Street, Phone: 544-0885, spoke in OPPOSITION Pope Woodard did not respond Joan Davis, 2216 Sand Fiddler Road, Phone: 717-2304, spoke in OPPOSITION Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, spoke in OPPOSITION Brandon Beavers, 6465 College Park Square#208, spoke in OPPOSITION Andrea Chambers, 218 56`"Street, spoke in OPPOSITION Billy Almond, 242 Mustang Trail#8, Phone: 431-1041, spoke in SUPPORT Jeffrey Stradler, 209 65r"Street, Phone: 675-0032, spoke in SUPPORT Kathy Davis, 2021 Smallbrooke Court, Phone: 641-3426, spoke in OPPOSITION Nancy Parker, 513 21'Street, Phone: 651-4848, spoke in OPPOSITION James Moffat, 581 Sandbridge Road, Phone: 426-6262, spoke in SUPPORT Gail Mottola, 115 88`"Street, Phone: 515-3449, spoke in OPPOSITION David Grochmal, 219A 68`"Street, Phone: 705-9011, spoke in SUPPORT Benham Malcom, 319 Norfolk Avenue, Phone: 301-922-8383, spoke in OPPOSITION Ashley Dawson, 216 44th Street, Phone: 917-301-0023, spoke in OPPOSITION Peggy Wellington did not respond Barbara Messner, P. O. Box 514, spoke in OPPOSITION Chris Ettel, 433 49`"Street, Phone: 672-1996, spoke in OPPOSITION Darcy Ryan, 217 57th Street#B, Phone: 678-371-4521, spoke in OPPOSITION Anne Ryan, 2784 Sandpiper Road, Phone: 301-904-8115, spoke in OPPOSITION Brian Kirwin, 3605 Brannon Drive, Phone: 718-3225, spoke in OPPOSITION Page Miyares, 932 Laskin Road, Phone: 201-2888, spoke in OPPOSITION Jason Fossella did not respond Margie Chapman, 2105 Farmington Court, Phone:288-2222, spoke in OPPOSITION Samuel Jones, 308 27`"Street, Phone: 472-7873, spoke in OPPOSITION John Mannarino, 525 Vanderbilt Avenue, Phone: 714-9031, spoke in SUPPORT Chris Tran did not respond Cynthia Vincent did not respond John David, President-North Virginia Beach Civic League, spoke in SUPPORT June 1, 2021 32 ITEM— VIII.H.1 PUBLIC COMMENT ITEM#71657 (Continued) Star Boyles did not respond Pilar Eteke, 514 26`"Street, Phone: 708-3361, spoke in OPPOSITION Claire Yoder, 624 South Atlantic Avenue, Phone: 214-762-9639, spoke in SUPPORT Andrew Glowatsky 3116 Sandpiper Road, Phone: 804-513-8874, spoke in OPPOSITION Douglas Rudley, 6602B Oceanfront Avenue, spoke in OPPOSITION Andrew Cohen, 7810 Oceanfront Avenue, Phone: 703-855-2184, spoke in OPPOSITION Gerrie West did not respond Matt Harding, 6406 Oceanfront Avenue, Phone: 813-335-2715, spoke in OPPOSITION Doug Hartman, 506 23rd Street, Phone: 703-209-8882, spoke in SUPPORT Barbara Clark, 411 16`"Street, Phone: 332-3567, spoke in OPPOSITION Brandi Flotten, 1804 Baltic Avenue, Phone: 773-896-8380, spoke in SUPPORT Carol Ashman, 209 88`"Street#B, Phone: 547-6431, spoke in OPPOSITION Bob Hughes, 2113 Atlantic Avenue, spoke in SUPPORT Katherine Lewis did not respond Ruth Barnhardt, 2501 Arctic Avenue, Phone: 630-9616, spoke in SUPPORT Lynn Simmons, 1804 Baltic Avenue#B, Phone: 804-986-5444, spoke in SUPPORT Arica Atkins, 2201 Tanglewood Trail, Phone: 618-2200, spoke in OPPOSITION Lee Atkins, 2201 Tanglewood Trail, Phone: 618-2200, spoke in OPPOSITION Kendall Maynard, 108 45`"Street, Phone: 705-0574, spoke in OPPOSITION Kristen Lovering, 721 Pinebrook Drive, Phone: 571-264-9586, spoke in SUPPORT Lewie Gayton did not respond Robert Goodman, 150 West Main Street#2100, Norfolk, Phone: 624-3238, spoke in OPPOSITION Enit Lulushi did not respond Polly Street, 218 88`"Street, Phone: 703-895-1523, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT June 1, 2021 33 ITEM— VIII. FORMAL SESSION AGENDA ITEM#71658 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three (3) minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on Ordinances/Resolutions I: 1, 2, 5 and 6a/b and Planning Items J: 1, 4, 6, 7 and 8 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions I: 1, 2, 5 and 6a/b and Planning Items J: 1, 4, 6, 7 and 8 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 L ORDINANCES/RESOLUTIONS: COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEMS#1 and 2 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY J.PLANNING ITEMS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBERS HENLEY, JONES MOSS AND WILSON WILL VOTE NAY ON ITEM#4 ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEMS#6, 7 and 8 COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEMS#6, 7 and 8 ITEM#9 WILL BE CONSIDERED SEPARATELY June 1, 2021 34 ITEM— VIIL.I.1 ORDINANCES/RESOLUTION ITEM#71658 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the Dedication of a 15'-wide (1,861 square feet) Easement to Dominion Energy over City-Owned property located on Loretta Lane Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None June 1, 2021 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 15'-WIDE (1 ,861 SQ. FT.) EASEMENT TO 3 DOMINION ENERGY VIRGINIA OVER CITY-OWNED 4 PROPERTY LOCATED ON LORETTA LANE (GPIN: 5 2417-45-8332) 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a 1-acre +/- parcel 8 of vacant land located on Loretta Lane, GPIN: 2417-45-8332 (the "Property"); 9 10 WHEREAS, Dominion Energy Virginia, a/k/a Virginia Electric and Power 11 Company ("Dominion"), has requested that the City dedicate a 15'-wide (1,861 sq. 12 ft.) easement across the front of the Property, as shown on Exhibit A attached 13 hereto (the "Easement"); and 14 15 WHEREAS, the Easement will allow the installation and maintenance of 16 underground facilities to provide electric service to the citizens located in the 17 Loretta Lane area. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 20 CITY OF VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager is hereby authorized to execute any documents 23 necessary to dedicate the Easement to Dominion over the Property, as shown on 24 the plat attached hereto as Exhibit A and made a part hereof, and such other terms, 25 conditions and modifications as may be acceptable to the City Manager and in a 26 form deemed satisfactory by the City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 1st 29 day of June , 2021. 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CS d'Ill'6W • •'�, �� S38311,9'9 TIFF!it �`� LL d'OL38'0 �., ':1. —�� 331Sf193'AHd9f1W drINI M SVWOHl ., 31V1S3 AHd9f1W M P - � A183W803 80 MON j '''fin, 4 .......... 1111 / -. /17_,- ..,,_ ■+•13'wools'3•u11 ',Veld YUiia. 910I. 111 'e 98•lul9.00 I. 110 lb iliiillih�i�i�ll�1� OMB HOV3B VINI a aim !iI N 1 osoNRO W—01j— E 1 ,civo. 264 S ' -GINIA:BEACH BLVD NORFOLKAV. S 1 I 9 N % il —J _n— 15' DOMINION VIRGINIA L_____— ENERGY EASEMENT r- ED _J-71: ■ � I■ � m m w fir- / EN INOMNIMMONIIIIIIIIIII• LORETTA LN `� -/ N r S O4 1 ' : —Lrj 114 ,4O / / / �O� Z. Legend - EASEMENT yOPk. 2417-45-8332 iiir<I>EXCESS //��CITY PROPERTIES ` LOCATION MAP CITY OWNED PROPERTY NOTE: THE PROPERTY SHOWN IS LOCATED 2417-45-8332 IN AICUZ NOISE ZONE >_75dB. THE PROPERTY l SHOWN IS ALSO LOCATED IN ZONES APZ 1, Feet AND APZ 2. — 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 03/26/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\City Property\2417-45-8332\2417-45-8332 Revised 3 25 21 ,c3 ,,,-1,- .a City of Virginia Beach 9,A� 049 9 Ir'F OUR NA10.4 VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE June 1, 2021 JDMOSS@VBGOV.COM In Reply Refer to 0071036 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding an ordinance to authorize the dedication of a 15-foot-wide easement to Dominion Energy over City-owned land at Loretta Lane. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond,Virginia 23219. 3. I hereby disclose this interest, and I will abstain from the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, ii �/yt/,j(jf tr 3fl �"_ !` ,i _ John D. Moss Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 35 ITEM— VIII.L2 ORDINANCES/RESOLUTION ITEM#71659 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE Conveyance of a Safety Arc Easement to the United States of America over 15.07+/-acres of City-Owned land at Red Wing Lake Golf Course Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None June 1, 2021 1 AN ORDINANCE AUTHORIZING CONVEYANCE 2 TO THE UNITED STATES OF AMERICA OF A 3 SAFETY ARC EASEMENT OVER 15.07± 4 ACRES OF CITY-OWNED LAND AT THE RED 5 WING LAKE GOLF COURSE 6 7 WHEREAS, the City owns property at 1144 Prosperity Road, on which it 8 operates the Red Wing Lake Golf Course (the "Golf Course Property"), which the City 9 acquired from the Commonwealth of Virginia on July 9, 2002; io 11 WHEREAS, around the same time, the City entered into a Deed of Boundary 12 Settlement with the United States, Department of the Navy (the "Navy") to resolve an 13 overlap of deeds in the area where the 5th fairway of the golf course was located on the 14 Golf Course Property, and records at the time indicated the Navy intended to reserve 15 easements on the overlap area to protect functions of Dam Neck Station, a facility of 16 NAS Oceana; 17 18 WHEREAS, the Navy is interested in acquiring a safety arc easement over a 19 15.07-acre portion the Golf Course Property to establish a protective arc around its 20 Naval Air Station Oceana / Dam Neck Annex to establish an Explosive Safety Quantity 21 Distance (ESQD) Zone, which is similar to the restriction the Navy intended to reserve 22 at the time the Deed of Boundary Settlement was signed. This easement (the "ESQD 23 Easement") will cover a portion of the 5th fairway, as depicted on the exhibit attached 24 hereto as Exhibit A and made a part hereof; 25 26 WHEREAS, the ESQD easement will allow the golf course facilities to remain 27 operational, but it will limit structures in the area of the ESQD Easement to the existing 28 or similar golf course features, and a copy of the proposed Grant of Easement is 29 attached hereto as Exhibit B and made a part hereof; and 30 31 WHEREAS, in recognition of the partnership of the Navy and the City, the City 32 Council finds that it is in the best interests of the City to grant the ESQD Easement to 33 the Navy for $1 ,000. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute a Grant of Easement to 39 the Navy for the conveyance of the ESQD Easement, so long as it is in substantial 40 conformance with the draft Grant of Easement attached hereto as Exhibit B, with such 41 other terms, conditions or modifications as may be satisfactory to the City Manager and 42 in a form deemed sufficient by the City Attorney; 43 44 Further, that the revenue from the sale of the ESQD Easement in the amount of 45 $1 ,000 shall be received and deposited in the General Fund Account 46 #100.405.5000.442020. 47 48 This ordinance shall be effective from the date of its adoption. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 1st day of June , 2021. 52 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11640 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d006\p008\00066100.doc R-1 February 1, 2021 APPROVED AS TO CONTENT Parks and Recreation APPROVED AS TO LEGAL SUFFIC CY • City Attorney's Office ,'m \l F SITE �x ' 1vr ` - Dam Neck Base 9 c y 'a • } Hole #5 6 or tabbies' k w x 44 4 v, , / t;" Red Wing Golf Course : :x — co r a „,'2,,,i4,4 0 . / ya g+R 'ib { J , >�� f I 4 ,j a .r ' ,V 4. T. 9ktl.. a *n.. i ...au. j ,itm LOCATION MAP '` "° \ ESQD EASEMENT ON red CITY PROPERTY Map Key RED WING GOLF COURSE ESQD Easement ® ,✓ 'a `" . GPIN 2425-09-5570 r r 2425-09-5570 - �� _. _ 00et Federal Property 0 250 500 1.0 ., nn 1 nn _ unnnrt •rviraC •ure2u X CAI A).hroierts':AkC Files kedwino wolf Course Easemer-Ae,al EXHIBIT A TO GRANT OF EASEMENT ATLANTIC 0 250' 500' 750' 1000' OCEAN - �m i LOURSE SITE - 7 NimGRAPHIC SCALE 1" = 250' '02j NECKEDWING ANNEXGOLF AA PROPERTY LINE AS SHOPROPOSED ESOD EASEMENT o(M.B. 302, PG. 58) ,// AREA= 656,400 SQ. FT. " - SEETTLEMENTUWITH CITY OF OR 15.0688 ACRES z 'KE VIRGINIA BEACH a w I DAM NECK BLVD.REDWING (INST.# 200209243038266) < o _ AND SHOWN ON BOUNDARY SURVEY n T --4/,.. 1,d. /.� _ NAVAL AIR STATION OCEANA DAM NECK z 5 VIRGINIA BEACH, VIRGINIA DATED 10/17/2017 5 p, CI.: , VICINITY MAP INST. #201 7 1 01 6000890610 s SCALE: 1"= 2000' UNITED STATES OF AMERICA (D.B. 443, PG. 142)(CPAL MISC. #71381927) EDGE PAVEMENT GPIN: 2426-33-0570 A fN= 3,462.518.75' POINT OF COMMENCEMENT r ( ENT fEWCE) PIPE�85 N. l E= 12,219,260.86':go 1205 59' �0�� ^ N77'20'29"E 691.59' N81'23 01'E X' MON91 PIN 86 _• '.� 1169. io (V PIPE 187 " / yam'' w As 35.80 C2 w ' j�� `�V' YY,RAG IL J •' ii& POINT OF BEGINNING ? ( fir PAS 3 PIN84 S73'36'49"E \ �' z c. 2268.99' `"j A c m EDGE I WOODED w� REDING LAKE GOLF COURSE AREA q°Q ///! NOW OR FORMERLY �` CITY OF VIRGINIA BEACH w 44 (D.R. 4735, PG. 679) (M.B. 302. PG. 58) $' . GPIN: 2425-09-5570 �j p C.../ 41 J 1�THE$�MERIDIAN SOURCE IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM. SOUTH ZONE NORTH AMERICAN DATUM (NAD 1983/1994 HARN). COORDINATES AND DISTANCES A SHOWN ARE GRID DISTANCES IN U.S. FEET. UNITED STATES OF AMERICA 2. EXHIBIT DATA AND PROPERTY MONUMENT NUMERATION BASED ON PLAT ENTITLED V� (D.B. 282, PG. 596) 'BOUNDARY SURVEY NAVAL MR STATION OCEANA DAM NECK VIRGINIA BEACH, VIRGINIA' GPIN: 2425-39-2661 DATED OCTOBER 17. 2017 AND RECORDED AS INST. f 201710113000890610 i MON IN THE CLERKS OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH. (j 1,33 DEED AND PLAT DATA IS BASED ON INFORMATION OBTAINED FROM NAVY REAL ESTATE RECORDS AND CLERK OF CIRCUIT COURT CITY OF VIRGINIA BEACH, VIRGINIA /,/ ' $20 26'S6'W 466.78' ",::°115r I 3. NOTHING ON THIS EXHIBIT SHALL BE CONSTRUED AS CHANGING THE TRUE BOUNDARY I/ UNE OF THE SUBJECT PROPERTY, WHICH REMAINS AS SET FORTH IN THE DEED OF BOUNDARY SETTLEMENT, DATED JULY 26, 2002 AND RECORDED IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT NO. 200209243038266. f r . PIN #82 ,rw81 �Te. S1615'13"E ,�. • 83.74' . \_ N= 3.460.333.19' arms ____--- S5643'9 B E= 12,222,693.48' ., UNITED STATES OF AMERICA '.a (INST.GPIN:2014255--2290 2360 30) i- M 163LAUM'T EXHIBIT OF ESQD EASEMENT CURVE TABLE FOR CURVE# LENGTH RADIUS DELTA TANGENT CHORD BEARING i CHORD UNITED STATES OF AMERICA Cl 1776.95' 1375.00' 74'02'42" 1036.98' N12'38'511 1655.85' . NAVAL AIR STATION OCEANA,DAM NECK — C2 897.79' 1375.00' 3724'38" [465.55' N82'56'S6'W 881.93' 1 VIRGINIA BEACH,VIRGINIA —_ ESQD = (EXPLOSIVE SAFETY QUANTITY DISTANCE) BY: REC INSTALLATION : NAVAL AIR STATION OCEANA, DAM NECK UIC:N60191 SA DN BL•AM1 PL•AMi SHEET CHECKED: RA JOB ORDER No. ADLCRO RPSUID No.645 DWG DATE:SEPT 23, 2020 1 OF 1 APPROVED: RA DIGITAL DWG FILE: CSS-645-19-079 SCALE: 1' = 250' 1 LII Prepared by: United States of America Commanding Officer(Attu:Code RE4-PM) All correspondence pertaining to Naval Facilities Engineering Systems Command Mid-Atlantic this Easement should reference 9324 Virginia Avenue Contract No.N40085-21-RP-00063 Norfolk,VA 23511-3095 EI-11530 EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3) AND 58.1-811(C)(4) $ GRANT OF EASEMENT THIS EASEMENT, made this day of _,2021, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the GRANTOR,and the UNITED STATES OF AMERICA, acting by and through the Department of the Navy, hereinafter called the GOVERNMENT (the"GRANTEE"); WITNESSETH: WHEREAS, the GRANTOR is the sole owner in fee simple of certain property containing 15.0688 acres per survey, more or less (the"Property"), more particularly described herein and being a portion of land known and used as the Red Wing Lake Golf Course,located in the City of Virginia Beach,Commonwealth of Virginia and situated near Naval Air Station, Oceana, Dam Neck Annex, Virginia Beach, Virginia,hereinafter called the INSTALLATION; WHEREAS, the GOVERNMENT desires to acquire a perpetual easement and restrictive development rights and rights of ingress and egress on, over, across and through the Property for the establishment,maintenance, operation and use of an explosive safety area and restricted use zone,known as an Explosive Safety Quantity Distance ("ESQD")Zone (the "ESQD Easement"); and WHEREAS, the GRANTOR and the GOVERNMENT entered into an agreement identified as the Agreement for Purchase of Real Property, Contract No. N40085-21-RP- 00084, dated , whereby the GRANTOR agreed to sell and the GOVERNMENT agreed to purchase for the consideration of One Thousand Dollars ($1,000.00), the hereinafter described ESQD Easement on, over and across said lands; and WHEREAS, the OWNER and the GOVERNMENT now desire that said Agreement shall be carried out by formalizing said conveyance; NOW THEREFORE, in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00), cash in hand paid to the GRANTOR, the receipt and sufficiency GPIN: 2425-09-5570 of which is hereby acknowledged, the GRANTOR does hereby grant and convey to the GOVERNMENT and its assigns, a perpetual ESQD Easement and restrictive development rights and rights of ingress and egress on, over, across and through the Property in connection with the operation of Naval Air Station, Oceana, Dam Neck Annex,Virginia Beach, Virginia, and such ESQD Easement shall be over lands hereinafter described, to wit: ALL THAT certain explosive safety quantity distance easement, lying, situate and being in the City of Virginia Beach, Virginia and designated, described, and shown as the hatched area as: "PROPOSED ESQD EASEMENT AREA= 656,400 SQ. FT. OR 15.0688 ACRES" as shown on that certain exhibit entitled: "EXHIBIT OF ESQD EASEMENT FOR UNITED STATES OF AMERICA NAVAL AIR STATION OCEANA, DAM NECK VIRGINIA BEACH, VIRGINIA ESQD = (EXPLOSIVE SAFETY QUANTITY DISTANCE)," Scale of 1" = 250', dated September 23, 2020, prepared by NAVFAC Midlant, which exhibit is attached hereto as Exhibit "A" and made a part hereof, and to which reference is made for a more particular description. IT BEING a part of the same property conveyed to the GRANTOR by Deed from the Commonwealth of Virginia, Department of Military Affairs dated June 18, 2002, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4735, at page 679. SUBJECT TO any easements,restrictions, reservations or rights of way of record. This ESQD Easement is granted subject to the following terms and conditions: 1. This is a perpetual easement over the entire area of the aforedescribed Property, which restricts and absolutely prohibits the GRANTOR, their successors, lessees, assigns or heirs of the aforedescribed Property from erecting, constructing, installing, or continuing to occupy, any structure, dwelling or building, as these terms are defined herein, once this instrument is signed by both the Grantor and Grantee. A structure, dwelling or building is defined as including, but not limited to, single or multifamily dwellings, houses, hotels, motels, trailers, mobile homes and other similar structures where humans live, and rain shelters, bathrooms, clubhouses, bleachers, tool sheds, storage sheds, cart charging sheds, snack bars, and drink bars where humans would gather. GRANTOR may continue using existing golf course related improvements, and may erect new golf related improvements as long as such improvements fall into one of the following categories: golf holes,pathways, golf ball cleaners, greens, and systems to maintain such improvements such as irrigation systems. GOVERNMENT shall have the right to enter upon the aforedescribed Property to alter or remove all structures, dwellings or buildings constructed after the date this instrument is signed by both the Grantor and Grantee. The cost of altering or removing any structure, dwelling or building erected, constructed, or installed after the date of this instrument, and all consequential damages relating thereto shall be borne by the GRANTOR. 2 GPIN: 2425-09-5570 2. No more than twelve (12)persons may assemble for any purpose on the Property at any time. 3. In addition to the restrictions noted above, there shall be no generation or propagation of radio frequency transmissions originating within the property from equipment designed for the purpose of transmitting radio frequency energy. Examples of this type of equipment include,but are not limited to,the following: amateur radio transmitters,citizen band transceivers, microwave transmitters and radar transmitters. Furthermore, there shall be no propagation of radio frequency radiation from equipment generating radio frequency energy for other than broadcast use. Examples of this type of equipment include, but are not limited to, the following: diathermy machines, X-ray equipment, and microwave ovens. This restriction does not apply to (1)the use of equipment which emits minor amounts of radio frequency radiation which attenuates to an undetectable level within a few feet of the equipment, including, without limitation, (examples of this type of equipment includes fluorescent, sodium vapor and mercury vapor lighting, internal combustion engines and electric motors); (2) the existing radio controlled irrigation system servicing the existing golf course, and replacement systems, so long as they emit no greater frequency than the current system; or(3)transient equipment such as golf balls with chip tracking, and personal cell phones. 4. In addition to the rights noted above, Grantee shall be granted a perpetual easement of ingress and egress on, over, across and through the aforedescribed Property for the purpose of exercising the rights set forth herein. This easement is subject, however, to existing easements for public and private roads and highways, public utilities,railroads and pipelines and all encumbrances of record. The GRANTOR covenants with the GOVERNMENT that it is seized of said Property in fee simple; that GRANTOR has the right to convey, and voluntarily conveys for the agreed upon price, this Easement with the additional authority for the GOVERNMENT to control and restrict the use and development of the Property as provided in this Easement; and the GRANTOR grants this easement with SPECIAL WARRANTY. 3 GPIN: 2425-09-5570 IN WITNESS WHEREOF,the GRANTOR has caused this GRANT OF EASEMENT to be executed as of the day and year first written. UNITED STATES OF AMERICA DEPARTMENT OF THE NAVY By: AMANDA R. M. PACK Real Estate Contracting Officer By direction, Naval Facilities Engineering Command, Mid-Atlantic 9742 Maryland Avenue Norfolk, Virginia 23511-2699 State of Virginia ) City of ) I, , a Notary Public for the State at Large, hereby certify that Amanda R. M. Pack, whose name as such is signed to the foregoing Easement has this day acknowledged the same before me in the City and State aforesaid. Given under my hand this day of_ , 2021. Notary Public My Commission expires: Registration number: 4 GPIN: 2425-09-5570 APPROVED AS TO CONTENT CITY OF VIRGINIA BEACH By: _ Parks&Recreation Department City Manager or Authorized Designee Attest: APPROVED AS TO CONTENT By: _ City Clerk Public Works/Real Estate Department APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office State of Virginia ) City of ) , a Notary Public for the State at Large, hereby certify that . whose name as such is signed to the foregoing Easement has this day acknowledged the same before me in the City and State aforesaid. Given under my hand this day of ,2021. Notary Public My Commission expires: Registration number: 5 GPIN: 2425-09-5570 GtlIA•BEAC �14G ,4 r v -r a City of Virginia Beach f U OF ouR NATO° VBgov.com JOHN MOSS June 1, 2021 PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSS@VBGOVCOM In Reply Refer to 0071053 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding an ordinance to authorize the conveyance of a safety arc easement to the United States of America over approximately 15.07 acres of City-owned land at Red Wing Lake Golf Course. 2. I am an employee of the Department of Defense, which is a component of the United States of America. The address of my employer is Commander Submarine Forces, 1430 Mitscher Avenue,Building NH-12,Norfolk, VA 23551. 3. I hereby disclose this interest, and I will abstain from the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, n JiJll'L__.. ohn D. Moss Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 36 ITEM— VIILI.3 ORDINANCES/RESOLUTION ITEM#71660 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Wooten, seconded by Council Member Rouse, City Council ADOPTED, AS AMENDED, Resolution to EXTEND the deadline for the recommendations of the Citizens Review Panel Task Force(Requested by Council Member Wooten) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None June 1, 2021 AMENDED BY MOTION REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION EXTENDING THE DEADLINE FOR 2 THE RECOMMENDATIONS OF THE CITIZENS 3 REVIEW PANEL TASK FORCE 4 5 WHEREAS, the City Council on April 20, 2021, adopted a resolution that created 6 the Citizens Review Panel Task Force; and 7 8 WHEREAS, that resolution provides that the task force shall provide its 9 recommendations to the City Council no later than June 1, 2021, but additional time is 10 needed for the task force to study the issues and develop recommendations; 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the task force shall report back to the City Council with its recommendations 16 by July 31, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA15455 R-2 June 2, 2021 37 ITEM— VIILL4 ORDINANCES/RESOLUTION ITEM#71661 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Faith Williams-Schesventer, 5200 Foxon Road, Phone: 642-2685, spoke in SUPPORT After City Council discussion, Council Member Abbott made a motion, seconded by Council Member Berlucchi, to APPROVE, Resolution to APPOINT the Members of the Urban Agriculture Advisory Committee to four-year terms(Requested by Council Members Abbott and Berlucchi) Council Member Henley then made a SUBSTITUTE MOTION, seconded by Council Member Wilson, to DEFER TO JUNE 15, 2021, Resolution to APPOINT the Members of the Urban Agriculture Advisory Committee to four-year terms (Requested by Council Members Abbott and Berlucchi) Voting: 4-7 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Louis R. Jones, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: None June 1, 2021 38 ITEM— VIII.I.4 ORDINANCES/RESOLUTION ITEM#71661 (Continued) Upon motion by Council Member Abbott, seconded by Council Member Berlucchi, City Council ADOPTED, AS AMENDED, Resolution to APPOINT the Members of the Urban Agriculture Advisory Committee to four-year terms(Requested by Council Members Abbott and Berlucchi) Voting: 8-3 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Aaron R. Rouse, Guy K. Tower Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley, Louis R.Jones and Vice Mayor James L. Wood Council Members Absent: None June 1, 2021 AMENDED BY MOTION REQUESTED BY COUNCILMEMBERS ABBOTT AND BERLUCCHI 1 A RESOLUTION TO PROVIDE TERMS FOR 2 THE MEMBERS OF THE URBAN 3 AGRICULTURE ADVISORY COMMITTEE 4 5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 The members of the Urban Agriculture Advisory Committee shall be appointed to 9 one-year terms. 10 11 Adopted by the City Council of the City of Virginia Beach, Virginia on the 1st 12 day of June , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15459 R-3 June 2, 2021 39 ITEM— VIII.L5 ORDINANCES/RESOLUTION ITEM#71662 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. Fast Track EMS, LLC b. MB Solutions, LLC c. Shore Transport Services,Inc 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 June 1, 2021 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS,pursuant to City Code Section 10.5-2,any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a B biannual basis; and 9 10 WHEREAS,applications for permit renewals have been received from the following 11 agencies: Fast Track EMS, LLC; MB Solutions, LLC;and Shore Transport Services, Inc.; 12 and 13 14 WHEREAS, the above-listed private ambulance agencies perform services not 15 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 16 transports,which include both basic and advance life support calls. 17 18 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH; 20 21 1. That the City Council hereby grants renewed permits to the following agencies: 22 Fast Track EMS, LLC; MB Solutions, LLC; and Shore Transport Services, Inc. 23 24 2. That these permits shall be effective from July 1, 2021 to June 30, 2023. Adopted by the City Council of the City of Virginia Beach,Virginia,on this 1st day of June ,2021. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: rn n Medical ServicesCityAttor s Office 0/6(2e_4915 E ergs cY Y CA15446 R-1 May 10,2021 40 ITEM— VIIL.I.6a ORDINANCES/RESOLUTION ITEM#71663 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $197,811 from Virginia Department of Behavioral Health and Development Services to FY2020-21 Human Services Operating Budget re security costs at the Crisis Intervention Team (C17)Assessment Center 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 June 1, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $197,811 FOR SECURITY COSTS AT THE CRISIS 3 INTERVENTION TEAM ASSESSMENT CENTER 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $197,811 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated,with state revenue increased accordingly, 10 to the Grants Consolidated Fund of the FY 2020-21 Operating Budget for the Department 11 of Human Services to pay security costs at the Crisis Intervention Team Assessment 12 Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of June , 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: i 7x � t�__F {f Budget and Management Services i ey's Office CA15454 R-1 May 20, 2021 41 ITEM— VIII.I.6b ORDINANCES/RESOLUTION ITEM#71664 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $130,127.39 from the Federal Emergency Management Agency (FEMA) to the FY 2020-21 Fire Department Operating Budget re costs for mobilization of the Virginia Task Force 2 Urban Search and Rescue Team to assist with the 59th Presidential Inauguration 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 June 1, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE MOBILIZATION OF VIRGINIA TASK 3 FORCE 2 URBAN SEARCH AND RESCUE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 1 8 $130,127.39 is hereby accepted from the U.S. Department of Homeland Security 9 Federal Emergency Management Agency and appropriated, with federal revenue 10 increased accordingly, to the FY 2020-21 Operating Budget of the Fire Department for 11 the reimbursement of costs related to the deployment of members of the Virginia Task 1 12 Force 2 Urban Search and Rescue Team sponsored by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of June , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services ey's Office CA15452 R-1 May 20, 2021 42 ITEM— VIII.J.1 PLANNING ITEM#71665 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of ANATOLY& JOY ANN DRITSCHILO for a Street Closure re 7.5 foot by 50foot portion of an unimproved alley adjacent to the rear of 737 Vanderbilt Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ANATOLY& JOY ANN DRITSCHILO for a Street Closure re 7.5 foot by 50-foot portion of an unimproved alley adjacent to the rear of 737 Vanderbilt Avenue DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the IS`day of June Two Thousand Twenty One. June 1, 2021 43 ITEM— VIILJ.1 PLANNING ITEM#71665 (Continued) 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 June 1, 2021 1 ORDINANCE APPROVING APPLICATION OF 2 ANATOLY AND JOY ANN DRITSCHILO FOR 3 THE CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 737 VANDERBILT AVENUE 6 IN CROATAN 7 8 WHEREAS, Anatoly and Joy Ann Dritschilo Michael L. and Felicia Juliano (the 9 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described portion of an unimproved, unnamed right-of-way discontinued, 11 closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 23 Way") be discontinued, closed and vacated, subject to certain conditions being met on 24 or before one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (375 SQ. FT. OR 0.009 ACRES)" and shown as the hatched 30 area on that certain street closure exhibit entitled: "STREET 31 CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF 15' 32 ALLEY (A PUBLIC R/W) LOT 11; BLOCK 16 CROATAN 33 BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA", 34 Scale: 1" = 20', dated January 15, 2021, prepared by WPL, 35 a copy of which is attached hereto as Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1 . The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets 45 46 No GPIN Assigned (City Right-of-Way) 47 Adjacent GPIN: 2426-38-5081 48 Pursuant to Street Closures", approved by City Council. It has been determined that the 49 purchase price to be paid to the City shall be $3,000, which is consistent with similar 50 street closures in this area. 51 52 2. The Applicants, shall resubdivide the property and vacate the internal lot 53 lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must 54 be submitted and approved for recordation prior to the final street closure approval. 55 Said plat shall include the dedication of a public drainage easement over the Right-of- 56 Way to the City of Virginia Beach, subject to the approval of the Department of Public 57 Works, and the City Attorney's Office, which easement shall include a right of 58 reasonable ingress and egress. 59 60 3. The Applicants, shall verify that no private utilities exist within the Right-of- 61 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 62 company must be provided. 63 64 4. Closure of the Right-of-Way shall be contingent upon compliance with the 65 above-stated conditions within 365 days of approval by City Council. If the conditions 66 noted above are not accomplished and the final plat is not approved for recordation 67 within one (1) year of City Council approval, said approval shall be considered null and 68 void. 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before May 31 , 2022, this 73 Ordinance will be deemed null and void without further action by the City Council. 74 75 2. If all conditions are met on or before May 31, 2022, the date of final 76 closure is the date the street closure ordinance is recorded by the City Attorney. 77 78 3. In the event the City of Virginia Beach has any interest in the underlying 79 fee, the City Manager or his designee is authorized to execute whatever documents, if 80 any, that may be requested to convey such interest, provided said documents are 81 approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 86 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 87 VIRGINIA BEACH (as "Grantor") and ANATOLY DRITSCHILO and JOY ANN 88 DRITSCHILO (collectively, as "Grantee"). 89 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day 91 of June . 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: --- Utact tiviiti-64 Planning Dep rtment City Attorney CA15213 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d017\p037\00727378.doc R-1 May 19, 2021 �il7B%21 so LOT LOT 1A LOT 2 �G (I.N. 20080124000088580) (M.B. 24, PG. 37) Z • 37J GPIN: 2426-37-4978 GPIN: 2426-38-4062 7.5' PUBLIC DRAIANGE EASEMENT AREA OF PROPOSED (I.N. 20080124000088580) STREET CLOSURE I (375 SQ. FT. OR N 04'14'15" W 50' 1 15' ALLEY 0.009 ACRES) icy hl (M.B. 24, PG. 37) N .o. W N 04'14'15" W 50' Z W - BLOCK in 16 Q ((' ) Q N LOT 11 LOT 12 Z m GPIN: 2426-38-5081 (M.B. 24, PG. 37) Q GPIN: 2426-38-5075 k o Q 0 0 W (ISh NOTES: N. N 1. THIS EXHIBIT IS INTENDED (r) TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY 03 00 CLOSURE AND INDEPENDENT CO = OF THE ASSOCIATED RECORD DOCUMENT(S) AND 0,13H OFF IS NOT INTENDED FOR ANY �i�' OTHER THAN GENERAL i...• j'lo REFERENCE. _ 2. A TITLE REPORT HAS NOT • RIC ARNER.-' BEEN PROVIDED FOR THIS ' Lic. . 2904 a 50 PROPERTY. e 01/15/2021 ,�, S 04'14'15" E is+ W) � SU111$ VANDERBIL T (FORMERLY PACIFIC AVENUE) A VE (M.B. 24, PG. 37) STREET CLOSURE EXHIBIT OF _ — _= THE EASTERN 7.5 FEET OF 15' ALLEY (A PUBLIC R/W) LOT 11; BLOCK 16 CROATAN BEACH Lands Architecture (M.B. 24, PG. 37) Land Surveying VIRGINIA BEACH, VIRGINIA Civil Engineenng SHEET 1 OF 1 com 757.431.1041 2 IA150WG TRY.51E 8 MI�M M 23 542 SCALE: 1"=20' JANUARY 15, 2021 CAD/chk: BKM/eag CITY OF VIRGINIA BEACH, VA I F.B. 1063 PG. 15 I PLAT: C-84 I JN:220-0317 44 ITEM— VIILJ.2 PLANNING ITEM#71666 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Daniel Blevins, 4622 Lauderdale Avenue, Phone: 449-3963, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Berlucchi, City Council DENIED Application of GERARD JANDOCfor a Conditional Use Permit re short term rental at 4503 Guam Street DISTRICT 4—BAYSIDE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None June 1, 2021 45 ITEM— VIII.J.3 PLANNING ITEM#71667 The following registered to speak: Jeff Haughney,Attorney for Applicant, Phone: 486-4529, spoke in SUPPORT Kim Davenport,Applicant,Phone: 486-4529, spoke in SUPPORT Gail Mottola, 115 88t Street, Phone: 515-3449, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Carol Ashman, 209 88`"Street#B, Phone: 547-6431, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED INDEFINITELY, Application of KIM DAVENPORT for a Conditional Use Permit re short term rental at 8809 Atlantic Avenue Units A &B DISTRICT 5—LYNNHAVEN 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 June 1, 2021 46 ITEM— VIII.J.4 PLANNING ITEM#71668 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of MARK A. MOORE for a Conditional Use Permit re short term rental at 2229 Maple Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MARK A. MOORE for a Conditional Use Permit re short term rental at 2229 Maple Street(GPIN 15905022140000)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2229 Maple Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Additional driveway surface shall be added as illustrated in the Site Layout & Parking Plan section of the Staff report. The proposed surface material type shall be brushed concrete, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval.A building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. June 1, 2021 47 ITEM— VIILJ.4 PLANNING ITEM#71668 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers")shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. June 1, 2021 48 ITEM— VIII.J.4 PLANNING ITEM#71668 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the IS`day of June Two Thousand Twenty One. Voting: 7-4 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Aaron R. Rouse, Guy K. Tower, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M.Henley,Louis R.Jones,John D.Moss and Rosemary Wilson Council Members Absent: None June 1, 2021 \ z _ o 0 dO. N -od 0 0 0 " dawn � ar * ioi jS, S, , \ = o % .1 _ -- % C- Q ,`.• �o o c_______„_\ ------ c , :. , . ,.,,c.....v. 0 r..... \________ C\I o 1 0 f1 . *'\ \O w 2 D ‘ y Oa ** ' kla 0 0 w : \ ç ' , Or.-\c C N N � � � � N o 0 0 \ 6y (stye t,.\___\-- \ 0 , - \ o''` / ‘ ,„ ____. .,, __ ;_ , , , \\ , , , ( ... _,,., , � , „ „„ A,,, 0 a) ,o Q o o - ` cci-r 0 In. ' c , o O �C��Cee -' w d N m d o ,fee L ' ,' 0 , 10 49 ITEM— VIII.J.5 PLANNING ITEM#71669 The following registered to speak: Kerry Burnham, Applicant, 817 Birch Forest Court, Chesapeake, Phone: 575-1676, spoke in SUPPORT Benham Malcom, 319 Norfolk Avenue, Phone: 301-922-8383, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Thomas Belvin, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DENIED Application of KERRY BURNHAM for a Conditional Use Permit re short term rental at 400 Norfolk Avenue, Unit B DISTRICT 6—BEACH Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None June 1, 2021 50 ITEM— VIII.J.6 PLANNING ITEM#71670 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of HALF MOON EXT,LLC/JAMES GOLDSTEINfor a Conditional Use Permit re short term rental at 30516t Street, Unit A DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HALF MOON EXT,LLC/JAMES GOLDSTEIN for a Conditional Use Permit re short term rental at 305 16`h Street, Unit A (GPIN 24271647860000)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 30516`h Street, Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. Additional driveway surface shall be added as illustrated in the Site Layout & Parking Plan section of the Staff report. The proposed surface material type shall be brushed concrete, or a substitute material approved by the Zoning Administrator. The driveway addition shall be placed within 90-days of City Council approval.A building permit issued by the Permits and Inspections Division of the Planning Department shall be obtained prior to the installation of the driveway addition. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. June 1, 2021 51 ITEM— VIII.J.6 PLANNING ITEM#71670 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 13. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 17. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. June 1, 2021 52 ITEM— VIILJ.6 PLANNING ITEM#71670 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1S`day of June Two Thousand Twenty One. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones, Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None June 1, 2021 izcatvwww ,\----," \c, -- - rul o 1 OR 1110_,Rip,- 01 SStree�- OR I \ ri WA ` ;°‘•t uoex1ard .. to 80 1 .% ,, OR .► Y=: pea 'a �', c i- c. lvirg n to ' ►� 0 , %, 5 OR ,2.• \ i V t ws, a OR i '\ OR VOR Wig _ pr lecr,: 1 _ _ eet W \• 11 16th Str '' e \ f�:- t , O R _, J'' eia" ,------ i ' \ rt Al2 ��lig th Stree ir ,�11 OR% I s Street --:- 0 . �A ' '� `, p o V t _ 11111.\ ' OR tittit..." OR Ilk', 0 c A14\ , L - ` \\ ' - i 1 '3 ilk C ,. .\\_ , \ i, _, i \ 0 -1 S 0 I 0 X WA Site Half Moon Ext, LLC W_(4- E Property Polygons 305 16th Street, Unit A Zoning Building - mii iii Feet Parking Lot Drive Aisle 0 25 50 100 150 200 250 300 53 ITEM— VIII.J.7 PLANNING ITEM#71671 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of VICTORIA MASON/ DOMINIC MASON for a Conditional Use Permit re short term rental at 304 28t Street, Unit 207 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VICTORIA MASON/DOMINIC MASON for a Conditional Use Permit re short term rental at 304 28th Street, Unit 207(GPIN24280028662007) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 207, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. June 1, 2021 54 ITEM— VIII.J.7 PLANNING ITEM#71671 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration;and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. June 1, 2021 55 ITEM— VIII.J.7 PLANNING ITEM#71671 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the ls`day of June Two Thousand Twenty One. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones, Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None June 1, 2021 111111111_„.............„ , 7 VIIIIII.Milliwit - 14\ Celgil / et :,, * \ _A-0 11_ . 1\71- 0 val°1:0---fo----- ' ,\0\ z .4‘11, - 1)". 0 ' a �rtue `: \ o_.----Ae , :p tic� ..1 AlaTI \ (-0 o--�a I _o lik o s.��_ o t"" ,....."--- *1 \col _______-...--- ,...„„wie ___„,_ I F; \(4 - --- lie e ce 0 , nv►e - p ac W O 1 - pee ,,„00., wit iv \ C____311i • n. -- .... ,,,,.... ----- it \\ 11 ------'s tiI'c \\ 1, Nk-, _ _---_\_ 4.• e _ wi. , ,,tv , N,,-- N -\ti)\ ' * w \ sCI)4..\ i Q ,6 IV _(�,1 ` as N N , Q� as tie '\ % licel r ,.,� • �! ._ .� ,,,__ ��, \� Q � o , O to , V CA 0 1, 6i) 11 01 lig .V, 5 c° A \ . ‘, i\ \ , 0!-' iv - �\�! 5 f , ,,\ \ �Q\ Ns cr i ikiii-k, 1 CNI o 0 r- $ 0 \ c„,„,„. ,\,,,_------- N a W ue t1,� A;•a c Avert ,'' --0 -- ---)% \,lorT., . Arct's-�'�aw 't\ vo . ' 10 / `iirkillik •,z, Lo Y s-,� Q 11 Nam ' N� cc -, - _ U O' s . 7.<a5) 0 a_ -.5 Cr? '\, c =:) *X, ..,.-2 2 cs .5 co 0 %— \\ to,..N a it.......... ...--... . CO 0 0 cc a M a, 0 _ - ter.- a 56 ITEM— VIILJ.8 PLANNING ITEM#71672 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of COLIN TOMLINSON/ JASON WALKER for Conditional Use Permit re short term rental at 304 28th Street, Unit 111 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COLIN TOMLINSON/JASON WALKER for Conditional Use Permit re short term rental at 304 28t Street, Unit 111 (GPIN 24280028661011) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 304 28th Street, Unit 111, and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. June 1, 2021 57 ITEM— VIII.J.8 PLANNING ITEM#71672 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. June 1, 2021 58 ITEM— VIILJ.8 PLANNING ITEM#71672 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1"day of June Two Thousand Twenty One. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R.Jones, Aaron R.Rouse, Guy K. Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None June 1, 2021 p_.wviitv„... .- ce i tut colit - — -no St w 0 v an t *-r\- O O� �' e I 00 0 , c—e--\ c\ , s0 o mg.. o ;r ; " 'A 0 pX % O N Y/ lirltirje ------":1111rA l a � wa 0 \ 0 i Q OC h N - N/ ' occe:; IA ,ao ;__ . � �' 12 CD �Pa� anus i O , i 111r0 i a • f. . !; C__iW ' -- 4.0 Jo \ \1111Z.--- \i' (N_ ,CDtple _ 1\ , , \ \ ' It\ olt C = \\co , 0 i 7s----- ',* .% _—(cNi,ct i = 131- \\ 1 . , \\t\ tm• 76,4i sIZ , M oLt1! 7) I li 4.0 ' ',d) ce TA ‘-'4,-- C\ 0 --"c --51- % \\ NO rt" 1 ki____ 114 it 1 \ \.1 N j Ce -OS r`' -i----- i.. ,...--, -.....iiiis . __ %-7 0 0 fob Ar t•` Wi 0 - t, _rr 0 ' clA___3-- _.4„1- i--1, 4i.,....i, , , viii (,) /WOW 1,44_ce 04-`1 \ Lert)0 - 11 0 �� ` o IlIL 0 5 e, a N o . O J 0 Q 0 cn ry COd enua„b -► -4..� 11I o oo—=` M, 0 0 _._�e8 o M ---�r Q 59 ITEM— VIII.J.9 PLANNING ITEM#71673 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Cheryl Scott, 3209 Winterberry Lane, Phone: 472-2901, spoke in OPPOSITION Daniel Williams, 3045 Monet Drive, Phone: 650-2217, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Wilson, City Council DENIED Application of TENIKA CREW for a Conditional Use Permit re short term rental at 3236 Winterberry Lane DISTRICT 7—PRINCESS ANNE 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 June 1, 2021 60 ITEM— VIILK. APPOINTMENTS ITEM#71674 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE June 1, 2021 61 ITEM— VIII.K. APPOINTMENTS ITEM#71675 Upon nomination by Vice Mayor Wood, City Council REAPPOINTED: STACEYSHIFLET MARTIN THOMAS Three year term 7/1/2021—6/30/2024 BAYFRONT ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None June 1, 2021 62 ITEM— VIII.K. APPOINTMENTS ITEM#71676 Upon nomination by Vice Mayor Wood, City Council APPOINTED: JOHN D.MOSS (City Council Member) Unexpired term thru 6/30/2024 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None June 1, 2021 63 ITEM— VIII.K. APPOINTMENTS ITEM#71677 Upon nomination by Vice Mayor Wood, City Council APPOINTED: WILLIAM BURNETTE Unexpired term thru 6/30/2024 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None June 1, 2021 64 ITEM— VIII.K. APPOINTMENTS ITEM#71678 Upon nomination by Vice Mayor Wood, City Council APPOINTED: L. J.HANSEN (Representing City Employee) GARY KELLEY (Representing Alternate) No Term SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA 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 June 1, 2021 65 ITEM— VIILK. APPOINTMENTS ITEM#71679 Upon nomination by Vice Mayor Wood, City Council REAPPOINTED: JOHN CROMWELL Three year term 3/1/2021 —2/28/2024 TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None June 1, 2021 66 ITEM— VIII.K. APPOINTMENTS ITEM#71680 Upon nomination by Vice Mayor Wood, City Council APPOINTED CITY COUNCIL LIAISON: COMMUNITY SERVICES BOARD Barbara M. Henley 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 June 1, 2021 67 ADJOURNMENT ITEM#71681 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 10:51 P.M. r- , Terri Chief Deputy City C A nda Ba es, MMC Robert M. Dyer City Clerk Mayor June 1, 2021 68 OPEN DIALOGUE The following registered to speak: Galina Epelman did not respond Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, expressed concerns with parking in Sandbridge LaTonya Snow did not respond Joan Davis, 2216 Sand Fiddler Road,Phone: 717-2304, expressed concerns with the "Atlantic Memories" Short Term Rental application recently submitted and requested City Council deny. Barbara Messner, P. O. Box 514, spoke concerning public safety LaTasha Holloway, 826 Tuition Way, Phone: 348-0456, spoke concerning police misconduct Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, expressed his belief of discrimination during the appointment of the CRP Task Force members Venus Marshall, 5354 Leicester Court, Phone:289-5602, spoke concerning the election system Jay Boone, expressed frustration with the CRP Task Force membership ADJOURNED at 11:17 P.M. June 1, 2021