Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
SEPTEMBER 7, 2021 FORMAL SESSION MINUTES
oSy� �? hq h +sr r .m o-.J r ty�°L wQ 4 r °' OUgI�N I._S�U VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 7, 2021 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday, September 7, 2021, at 2:00 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Guy K. Tower—Arrived at 2:13 P.M. 2 ELECTION OF VICE MAYOR ITEM#71949 2:00 P.M. Mayor Dyer advised the Vice Mayor Election will be considered during the Formal Session. September 7, 2021 3 CITY COUNCIL'S BRIEFING CITIZEN'S REVIEW PANEL TASK FORCE RECOMMENDATION ITEM#71950 2:05 P.M. Mayor Dyer welcomed Sean Monteiro—Chair. Mr. Monteiro expressed his appreciation to City Council for their continued support: Citizens Review Panel Task Force (CRP TF) Recommendation Report Brief 7 Sep 2021 Here is the Agenda: Agenda • Problem Statement • Plan of Actions and Measures • Criteria Considerations • Recommended Model • Other Pertinent Topics September 7, 2021 4 CITY COUNCIL'S BRIEFING CITIZEN'S REVIEW PANEL TASK FORCE RECOMMENDATION ITEM#71950 (Continued) Here is an overview of the Problem Statement: Problem Statement • CRP TF is tasked with providing a community informed recommendation on the following: - Differences between investigatory power and subpoena power; whether investigatory power can be utilized w/o subpoena power • Purpose and designation of a budget for the Citizens Review Panel (CRP) • Impact of CRP on Police Department • Identify best CRP model for adoption • Other pertinent topics regarding development of CRP Here is the Plan of Actions&Measures: Plan of Actions & Measures COA Comp&Rec Approval . ul7 Analysts . Analysis Report Out CM Duheney&Chief Noudigeto O&A 9 Aua *� 3 • Public Comment Report Prep Community Ldrs A[-large /* 26 Aua 26 Jul Reconciliation Atlanta CRB / 16 Auq - Recommendation Voto 12 Jul . Arlington CRB NACOLE Course of Action(COA)Dev&Analysis IA•Disc•&HR OSA Public Comment Chief Noudigeto Ms.Regina Hilliard 2 Auy Budget Impacts / Commonwealth's Attorney Key -- Survey Approval Denver OIM �9 Jul OSA * In Progress AA Round Table / Police Associations . HRC Complete 28 Jun Pastors Police Round Table Initiation Overdue • COA WG 24 Jul 1,1..41 21 Aug September 7, 2021 5 CITY COUNCIL'S BRIEFING CITIZEN'S REVIEW PANEL TASK FORCE RECOMMENDATION ITEM#71950 (Continued) The next two (2)slides provide the Criteria Considerations: Criteria Considerations • Model Analysis Criteria: • Independence • Clearly Defined &Adequate Jurisdiction &Authority • Public Reporting &Transparency - Community Engagement(Outreach& Involvement) • Confidentiality, Anonymity, & Protection from Retaliation Ihtt, Criteria Considerations • Other Board Effectiveness Criteria to Consider: • Currently Enacted: • Unfettered Access to Records&Facilities - Access to Law Enforcement Executives&Internal Affairs Staff • Full Cooperation - Requires Advocacy & Recurring Evaluation: • Adequate Funding&Operational Resources • Procedural Justice&Legitimacy • Sustained Stakeholder Support • September 7, 2021 6 CITY COUNCIL'S BRIEFING CITIZEN'S REVIEW PANEL TASK FORCE RECOMMENDATION ITEM#71950 (Continued) The far right column of the Authorities Matrix provides the recommended authority for a newly constituted Independent Citizen Review Board(ICRB): Authorities Matrix cnponente IRP VBPD VB CC CityMgr VB HR Corn « Complaint Investgaton title of Force L I1 Investigation Binding U 1 Personnel Discipline Board Policy Reco's 0 0 U U 0 0 [ Universal IA r Review 0 Request Annual 0 0 0 Expenditures Make Public , Reports i - . Any other re dasonable r I I. Q.. uties Subpoena w/ circuit ct f 0 J ____________________________ approval 0 Here is the Recommended Model that includes the Unanimous Recommendation of Requirements, Provisions, &Authorities: Recommended Model Unanimous Recommendation of Requirements,Provisions, 8 Authorities 1.Reflects demographic diversity of the locality. 2.Receive, investigate,and issue findings on complaints 3 Investigate and issue findings on use of force,death or serious injury,serious abuse of authority,and other incidents 4. Hold hearings and if after making a good faith effort., apply to the circuit court for the locality for a subpoena 5. Investigate policies,practices,and procedures and to make recommendations,the Department shall create a written record in response to such recommendations 6. Review any investigations conducted internally by the Department 7. May make budgetary recommendations to the locality's governing body 8. Make public reports on its activities 8. May conduct any other duties as reasonably necessary September 7, 2021 7 CITY COUNCIL'S BRIEFING CITIZEN'S REVIEW PANEL TASK FORCE RECOMMENDATION ITEM#71950 (Continued) Here are the recommendations for Board Membership: Recommended Model Board Designation •Independent Citizen Review Board(Board) Board Membership •11 voting members and 2 non-voting members with law enforcement experience •Terms shall be 3 years, No more than 1 consecutive term •Membership shall reflect the diversity of the City's population. •At least two members of the Board shall be under 40 years of age •Designates the creation of a Board Coordinator •May monitor investigations,will conduct trend analysis,and coordinate community outreach OIL -Substantive training program shall be completed by all appointees Here are the recommendations for the Board's authority to conduct Independent Reviews: Recommended Model Complaint and Serious Breach of Conduct Investigation -Expands Review Request Window from 30 to 90 days •The Board shall have unfettered authority to conduct independent review of any citizen complaint investigation, internal investigation,or police policy or procedure •May be prompted •May be self-initiated by majority vote of the Board -Shall be mandated for any death or serious injury -May direct the Board Coordinator to conduct real time passive monitoring of any ongoing Internal Affair's investigation into a citizen complaint •Board Coordinator may conduct an independent interview •Shall coordinate with Internal Affairs -May self-initiate an independent review of any completed Internal Affairs investigation into any incident that rises to their attention -Speeds up the process by: -Hearing window from 45 to 30 calendar days -Police department written response within 15 days rather than 30 September 7, 2021 8 CITY COUNCIL'S BRIEFING CITIZEN'S REVIEW PANEL TASK FORCE RECOMMENDATION ITEM#71950 (Continued) This slide provides an overview of recommended Subpoena Authority: Recommended Model Subpoena Authority •The Board Coordinator may request from the Board an application for a subpoena to a Circuit Court Judge. •Must demonstrate necessity; -Obtain a legal review; -Affirmative vote of at least 8 members -The City Attorney,the Commonwealth's Attorney and the Internal Affairs Office afforded the opportunity to express any concerns regarding the proposed application for subpoena •Subpoena Not Required: -The City Manager shall direct testimony of any City Employee the Board requests. -The Police Department shall provide the entire Internal Affairs investigative file and all relevant evidence in their possession to the Board for any matter they may be independently reviewing. Here is the Complaint Resolution flow chart: Recommended Model Complaint Resolution Complainant or Witnesses BC Monitor —> Board Board Review Board Diroctod; Serious Broach w/Subpoena Concur i Mandated IA Investigation uaA , Board Initiated Not Supported ,,;.tsten Prompted o" Incomplete Leas Than Serious Sane" tl City Manager September 7, 2021 9 CITY COUNCIL'S BRIEFING CITIZEN'S REVIEW PANEL TASK FORCE RECOMMENDATION ITEM#71950 (Continued) Here are the Policy and Budget Recommendations: Recommended Model Policy and Budget Recommendations -Make policy or procedure and budgetary recommendations •Made public and posted on the Board website Public Reporting and Community Outreach •All hearings of the Board shall be open to the public. Records of such hearings, and any Board recommendations to the Police Department(along the Police Department's response to such recommendations)shall be public information and posted on the Board's website •Quarterly and annual reports •Persistent public outreach,to publicize and promote the Board's jurisdiction, authorities,and independent work Here are, "Other pertinent topics regarding development of CRP": Other pertinent topics regarding development of CRP •A Summary of Code of Virginia statutes strengthening oversight of law enforcement agencies •Analysis and Communication Functions of the Board •Upgrades to case review processes and corresponding technical solutions -Improvements to reporting and analysis and communications to and with the public •Constituting the Board membership September 7, 2021 10 CITY COUNCIL'S BRIEFING CITIZEN'S REVIEW PANEL TASK FORCE RECOMMENDATION ITEM#71950 (Continued) Questions Mayor Dyer expressed his appreciation to Mr. Monteiro for the presentation. September 7, 2021 11 CITY MANAGER'S BRIEFING NEW CITY HALL UPDATE ITEM#71951 2:45 P.M. Mayor Dyer welcomed Tom Nicholas, Facilities Engineer —Public Works. Mr. Nicholas expressed his appreciation to City Council for their continued support: CITY OF VIRGINIA BEACH NEW CITY HALL CONSTRUCTION&DUILDINGS 1.2.&11 RENOVATIONS City Caund Update—September 7,2021 Tam Netholas,Public Works Facilities Engineer Qty Pf Virginia Beach Here is the Agenda: Agenda • New City Hall and Buildings 1,2&11 Program Summary • New City Hall • Project Overview • CIP Summary • Schedule • Move Management • Buildings 1,2&11 • Project Overview • Building 2(Phase I)Renderings • CIP Summary • Schedule September 7, 2021 12 CITY MANAGER'S BRIEFING NEW CITY HALL UPDATE ITEM#71951 (Continued) New City Hall and Buildings 1,2&11 Program Summary 33 A ll k C 3 a 7' '.e 7` O Here is an overview of the Program Sequencing: New City Hall and Buildings 1,2&11 Program Summary PROGRAM SEQUENCING: -Construct New City Hall(2021/22) ;PM, .t '.`': ' SAL Renovate Building 2(2022) e` r• '' - `/ Renovate Buildings 1&11(2023/24) 3�-yy, f- ! ti #Or PHASING: 1? - if 7 P., ` 1a.COMPLETE CONSTRUCTION OF NEW CITY HALL . `4+.�6g "`. a. Winter 2021 a l n 1b.MOVE BLDG 1 OCCUPANTS ` ,-• 4 TO NEW CITY HALL / ~"b 4 Itifta Spring 2022(April 2022) In.COMPLETE RENOVATTION OF BUILDING 2 �j A. Ft I Winter 2022 .'V1, y .i 1 Id MOVE POLICE ADMIN&FIRST PRECINCT �_.1 1 Winter/Spring 2023 �+ ' '1 1 71► '�'j A t 3. 2a.RENOVATE BUILDING 1 �` tiZ .4� 2b.RENOVATE BUILDING 11 `\ i 2c.MOVE PUBLIC UTILITIES& N. S �� k g,y ` t PLANNING INTO BUILDING 1 � `f { ,� 2d.MOVE PUBLIC WORKS& /:�: \ •' IT INTO BUILDING 11 git .: fr, t� 1 rg 't 5 September 7, 2021 13 CITY MANAGER'S BRIEFING NEW CITY HALL UPDATE ITEM#71951 (Continued) City Hall-Project Overview is E. 1 ` r ft- '�= , fE � _ q Z Here is the City Hall Replacement—Project Overview: City Hall-Project Overview ,` ,: ffett.r • • sn-1 • 1. 100120 City Hall Replacement • Design Completed: February 2019 • Construction Contract Advertisement/Solicitation: March 2019 • Construction Contract Notice To Proceed: July 2019 • Estimated Substantial Completion: December 2021 • Estimated Final Completion,Furniture&A/V Install: March 2022 • Planned Facility Move-in&Opening Date: April 2022 APto ateed ramm FY23 FY24 ®EN FY27 Pr Fundin.ed City Funding 50,250,000 0 0 0 0 0 0 50,250,000 September 7, 2021 14 CITY MANAGER'S BRIEFING NEW CITY HALL UPDATE ITEM#71951 (Continued) Here is the City Hall—CIP Summary: City Hall-CIP Summary Authorized Aug 2021 Remarks Design&Study $5,068,090 $4,787,569 Includes$250k study amount Construction $36,041,406 $37,897,077 CO Rate 2.9%of base contract (Contract Award-$36,837,135) Fixtures&Furniture $3,041,406 $ 2,179,193 Actual contract amount as of Aug 2021 Equipment $ 1,750,000 $4,936,160 Audio Visual,IT,Lenel,Security Contingency $4,349,098 $ 450,000 Total $50,250,000 $50,250,000 The next two (2)slides provide the Factors Driving the Schedule Shift: City Hall-Key Schedule Milestones Factors Driving Schedule Shift • Material Shipping Delays due to COVID(90 days) • Brick plant closure in May 2020 • Scheduled Aug 2020 delivery • 1rt partial delivery occurred Dec 2020 • Final in Jun 2021. • Trane VAV,HVAC Roof Top Units delayed: • Scheduled VAV unit delivery in Sep 2020 _ • 15t partial delivery occurred Nov 2020 • Scheduled HVAC Roof Top Unit in Oct 2020 • impartial delivery occurred Feb 2021 (1n of 12 units) • Scheduled Switchgear delivery in Nov 202 • Final delivery occurred in Mar 2021 September 7, 2021 15 CITY MANAGER'S BRIEFING NEW CITY HALL UPDATE ITEM#71951 (Continued) City Hall-Key Schedule Milestones Factors Driving Schedule Shift(continued) •" 02. • Customer Requested Changes(30 days) • Modifications to interior office suites; associated mechanical,electrical,plumbing, and fire protection modifications • Additional A/V to include electrical receptacles,monitor back-boxes,etc. • Misc.door,casework,electrical modifications • Weather delays(10 days) "inf. • Rain-days OVER days allowed per the spec The City Hall move-in date is scheduled for April 2022: City Hall-Key Schedule Milestones • Sep 2021:Final painting,ceiling tile,Vinyl Composite 4'\; g Tile,Carpet and entry stairs&ramps t'. • Oct 2021:West parking lot&Landscaping ■■ l__ • Nov 2021:Punchout&inspection of all three levels - • Dec 2021:Substantial Completion • Jan-Mar 2022:Punchlist,Final Completion(Systems • • Commissioning),A/V&Furniture installation • April 2022:Move-in $ September 7, 2021 16 CITY MANAGER'S BRIEFING NEW CITY HALL UPDATE ITEM#71951 (Continued) The next two (2) slides provide the Move Management plan: City Hall—Move Management Furniture,Fixtures&Equipment-Audio/Visual-People • Move Management Team • Meeting monthly since March 2020 • Actively tracks 12,6,and 3-month milestones • Revised move-in April 2022 • FF&E&A/V Packages • Furniture contract awarded,delivery&install to begin December 2021 • A/V package award targeted for October 2021,installation January through March 2022 • People • Developing move sequence scenarios • Move-in complete April 2022 City Hall—Move Management �' •® IFTA Relocating 289 Staff Members and Equipment from 4 Buildings , , ■i:.:� • 136 members—1^Floor • 65-Commissioner of Revenue 1 6 g • 71-City Treasurer 1 �, miti• 58 members—2nd Floor • 16-City Manager _ I rs-•�• • 15-City Council/Clerk's '•"•" • 27-City Attorney's =enc C 7 • 95 members—3rdFloor -•- �" • 63-Finance ._ • 12-Budget and Management Services ® _ • 8-Auditor • `,•.• Ctge • 8-Media/Communications , I S, I Ctt"-Y._. 1 • 4-Volunteer Resources BUDGET&MANAGEMENT SERVICES SUITE September 7, 2021 17 CITY MANAGER'S BRIEFING NEW CITY HALL UPDATE ITEM#71951 (Continued) Here is the Buildings 1, 2& 11 — Overview: Buildings 1,2&11—Overview • el n ] J 100291 Operations Facilities Renovations • Renovate 95,000 SF B-2 to be new home of VBPD 1st Precinct and Police Admin • Renovate 84,000 SF B-1 to be new home of Public Utilities and Planning • Renovate 58,000 SF B-11 to be new home of Public Works and elements of IT • Issued RFP to qualified design-build teams:April 2020 • Award contract and issue NTP:February 2021 • Estimated Substantial Completion: Fall 2022(B2),2023/24(B1&B11) Appropriated Programmed to Date FY 23 11911111111,1 FY 27 EN Fundin City Funding 84,640,000 0 0 0 0 0 0 84,640,000 The next several slides provide Building 2 Renderings: Building 2 Rendering(Flag Court View) I I 1 Li, Li n ❑ ® ❑ ❑ ❑ 416111111111111 September 7, 2021 18 CITY MANAGER'S F NEW CITY HALL UPDATE ITEM#71951 (Continued) Building 2 Rendering(George Mason Drive View) fr • �` Ir v' E s fieif ; +.r. t s "" Building 2 Rendering(Mattaponi Drive View) r x s (• 1 • • • " '' .fir$ l C n n El r'_ 2021 September 7, 19 CITY MANAGER'S BRIEFING NEW CITY HALL UPDATE ITEM#71951 (Continued) Building 2 Rendering(Courthouse Drive View) r CI] i r' ❑ El 0 1t LI •❑ nIl ®Here is Buildings 1, 2& 11—CIP Summary: Buildings 1,2&11-CIP Summary Authorized Reserved Obligated Remarks Design $7,500,000 $ 4,516,485 $ 4,516,485 Program Development,Schematic Furniture&Fixtures $6,000,000 $7,500,000 $ 0 Furniture and Demountable Partitions Construction $59,000,000 $53,134,200 $53,134,200 Includes Site Work($3M) -Phase 1(Bldg.2) ($26,989,200) ($26,989,200) -Phase 2(Bldg.1&11) ($26,145,000) ($26,145,000) Advanced Crime Data Center $1,640,000 $1,640,000 $ 0 Added to CIP post award Site Work $ 3,000,000 $ 0 $ 0 Included in Construction Contract Equipment&Contingencies $7,500,000 $17,826,912 $2,277,397 CO#1—IT Equip Racks,PDU,HVAC Total $84,640,000 $84,617,597 $59,928,082 September 7, 2021 20 CITY MANAGER'S BRIEFING NEW CITY HALL UPDATE ITEM#71951 (Continued) Here is Buildings 1, 2& 11—Key Schedule Milestones: Buildings 1,2&11-Key Schedule Milestones • Phase 1:Building 2 Renovation • 21-month design-build construction duration • Data Center Transition&Testing:Winter 2021-Spring 2022 • Substantial Completion:Fall 2022 • Final Completion/Move-in:Winter 2022/23 • Phase 2:Buildings 1&11 Renovation • 13-month design-build construction durations(each) • Start is contingent upon New City Hall&Building 2 completion • Substantial Completion:Summer 2023/Winter 2024 • Final Completion/Move-in:Fall 2023/Spring 2024 • it IC • f • y h J 4 I Mayor Dyer expressed his appreciation to Mr. Nicholas for the presentation. September 7, 2021 21 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#71952 3:18 P.M. There were no City Council Initiatives. September 7, 2021 22 CITY COUNCIL LIAISON REPORTS ITEM#71953 3:19 P.M. Council Member Henley advised she attended her first Community Services Board (CSB) meeting as the Council Liaison and was impressed with the Board and staff members, expressing what a phenomenal job they are doing. September 7, 2021 23 CITY COUNCIL LIAISON REPORTS ITEM#71954 (Continued) Council Member Tower advised he attended a Resort Advisory Commission meeting with members from the Atlantic Avenue Hotel and Restaurant Associations in attendance and expressed his appreciation to the staff. Council Member Tower advised the meeting provided information and presentations on the Flood Mitigation Bond Referendum and believes it went well. September 7, 2021 24 CITY COUNCIL COMMENTS ITEM#71955 3:25 P.M. Council Member Henley expressed concern for filling vacancies on the Community Services Board(CSB) along with many other Boards and Commissions and City staff positions and would like to discuss during the upcoming City Council Retreat. Council Member Henley asked if there would be discussion regarding the American Rescue Plan (ARP) funding at the Retreat and believes there is funding available to address filling staff vacancies. Council Member Henley advised it is important to focus on employees and understand the difficulties many departments have had with being dispersed around the City and the pandemic. City Manager Duhaney advised topics for the Retreat have been sent out and include the ARP, Strategic Plan, an alternate method for the Oceanfront proposed by Council Members Moss and Tower, City and Schools Cooperative Agreement for legal services, Citizens Review Panel Task Force and a couple more topics; however, it is only a one day Retreat and time will be limited. City Manager Duhaney advised he is planning a discussion focused on employment vacancies for a Workshop and will provide a comprehensive report. Council Member Moss advised employment vacancies are due to structural shortfalls and asked City Manager Duhaney to have someone with expertise in demographics, graduation rates and rates for those leaving the workforce to help as those are structural issues that money cannot solve. September 7, 2021 25 CITY COUNCIL COMMENTS ITEM#71956 (Continued) Council Member Moss advised he reviewed the list of Legislative items and recognized some of the items came from external sources which were attributed to City staff as providing and believes it is important to understand the difference between City staff items and those coming from other localities. September 7, 2021 26 CITY COUNCIL COMMENTS ITEM#71957 (Continued) Council Member Moss advised he is not comfortable appointing City Council Members to fill vacant seats and believes a Special Election should take place to allow citizens to vote. Council Member Moss advised he is proposing a change to the City's Charter to hold a Special District Election in sixty (60) days for vacant City Council seats, it will require more votes but will draw less opposition from the General Assembly and allow the people to choose. September 7, 2021 27 CITY COUNCIL COMMENTS ITEM#71958 (Continued) Council Member Moss advised there is $108-Million in under performance of revenue collection that the Body has added discretion on how it is allocated and is hopeful some of the funding can be used for Stormwater Management. September 7, 2021 28 CITY COUNCIL COMMENTS ITEM#71959 (Continued) Council Member Moss advised he attended a breakfast at Mom's Kitchen to recognize thirteen (13)fallen U. S. Marines, adding it was a very nice remembrance by the community. September 7, 2021 29 CITY COUNCIL COMMENTS ITEM#71960 (Continued) Council Member Wilson advised she had been working on a Resolution to recognize the Honorable Reba S. McClanan for her twenty-eight (28) years of service as a Council Member, when she learned Ms. McClanan passed away unexpectantly after moving to Portland, Oregon to be closer to her family. Council Member Wilson advised she has been in touch with Ms. McClanan's family, and they are planning on coming to the City to have a service in October, at which time Council Member Wilson would like the Body to present the Resolution to the family. September 7, 2021 30 CITY COUNCIL COMMENTS ITEM#71961 (Continued) Council Member Tower advised on September 3rd he attended the Grand Opening event for the Atlantic Avenue Project and encouraged all to see "the AVE", located between 17`h and 20`h Streets. Council Member Tower advised it is remarkable how fresh paint and new furnishing made such a difference. September 7, 2021 31 CITY COUNCIL COMMENTS ITEM#71962 (Continued) Council Member Berlucchi expressed the time allotted for all of the topics to be discussed at the Retreat is not adequate and advised it is most important to him, to discuss the ARP and how the funds will be used. Council Member Berlucchi also advised he is not comfortable having a discussion on the proposal from Council Members Moss and Tower since he has very little information. Mayor Dyer advised if there are topics that are not discussed or resolved during the Retreat, they can be scheduled for a Workshop. City Manager Duhaney advised the discussion for the ARP is only to receive recommendations on how to spend the funds in order to develop a plan for the Body to approve at a later date. Council Member Moss advised the purpose of the proposal topic is meant to be an informational discussion and not intended for a decision. Council Member Moss advised the proposal is from a private business who would like the Body to discuss to determine if it is worthwhile to pursue. Council Member Rouse also expressed concern that there will not be enough time to discuss all of the topics scheduled for the Retreat. September 7, 2021 32 CITY COUNCIL COMMENTS ITEM#71963 (Continued) Council Member Wooten advised there will be an Ignite Business Series Bootcamp for small business owners to receive training on the SWaM Certification process. The event will be held on September 18th, at the Advanced Technology Center from 8:30 A.M. —12:30 P.M September 7, 2021 33 CITY COUNCIL COMMENTS ITEM#71964 (Continued) Mayor Dyer advised the Inclusion, Diversity, Equity and Accessibility (IDEA) Commission, headed up by the Honorable Amelia Ross-Hammond,focuses on bridgebuilding with the community and social justice issues. Mayor Dyer advised so far, there have been two (2) meetings with approximately twenty-seven (27) in attendance representing the broad spectrum of race and dfferent socioeconomic backgrounds. Mayor Dyer advised there was a plethora of information gathered which has led to creating subgroups to address solutions in workforce, health, mental health, affordable housing and transportation. September 7, 2021 34 CITY COUNCIL COMMENTS ITEM#71965 (Continued) Council Member Henley referenced the Sea Level Wise Report provided to the Body two (2)years ago which led to the study on wind tides. Council Member Henley advised the wind tide study was completed with four possible solutions recommended: creating a new inlet,pumping water to the ocean, syphons and marsh restoration. Council Member Henley advised it was determined the marsh restoration was the most plausible in the short term and expressed her appreciation to all of the staff for their work in securing a grant for the Back Bay Marsh Restoration Project which is in the design phase. September 7, 2021 35 AGENDA REVIEW SESSION ITEM#71966 3:57P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND: a. Section 1-3 and 1-30 of the Stormwater Management Ordinance (Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances Deferred from July 6, 2021 (Council Member Moss requesting Deferral for 60 days) 2. Resolution to MAKE certain commitments regarding the Comprehensive Flood Mitigation Bond Referendum (Requested by Council Member Moss and Tower) 3. Ordinance to CREATE the Atlantic Park Community Development Authority(CDA) 4. Resolutions to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE Project Agreements with the Virginia Department of Transportation (VDOT): a. #100383 Shore Drive Corridor Improvements Phase IV b. #100160 Elbow Road Extended Phase II-D c. #100548 Pungo Ferry Road Improvements d. #100278 Nimmo Parkway Phase VII-B 5. Resolution to SUPPORT the City's 2021 Applications for the Virginia Department of Transportation (VDOT) Transportation Alternatives Set Aside Program for FY2022-23 and FY2023-24 6. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services 7. Resolution to AUTHORIZE increased contributions to the Department of the Army re Rudee Inlet Maintenance Dredging 8. Ordinances to EXTEND the date for satisfying conditions re closing an improved portion of right- of way adjacent to two(2)residential properties located on the South Side of 75`"Street and West of Atlantic Avenue a. 204A &204B 75th Street and 202 75`''Street b. 7406 Atlantic Avenue September 7, 2021 36 AGENDA REVIEW SESSION ITEM#71966 (Continued) 9. Ordinances to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75m and 76th Streets and West of Atlantic Avenue: a. 217 75th Street b. 215A &215B 75th Street c. 213 75th Street d. 211 75th Street e. 209 75th Street f 205 75th Street g. 203 75th Street h. 218A &218B 76th Street i. 216A &216B 76th Street j. 214 76th Street k. 210 76th Street 1. 208A &208B 76th Street m. 7500 Atlantic Avenue 10. Ordinance to EXTEND the date to satisfy conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive 11. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Lake Wesley located at the rear of 525 Virginia Dare Drive re construct and maintain an existing pier with a roof structure, boat lift and floating dock 12. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA) to FY 2021-22 Fire Department Operating Budget: a. $979,704 re continued operations and equipment requirements of Virginia Task Force 2 Urban Search and Rescue Team b. $2,128,970.41 re the Champlain Tower collapse in Surfside, Florida and $54,869.11 re reimburse for administrative cost of preparing the reimbursement claims 13. Ordinances to ACCEPT and APPROPRIATE: a. $14,097.28 from the Virginia Department of Health the FY2021-22 Emergency Medical Services (EMS) Operating Budget re support rescue squad operations and training September 7, 2021 37 AGENDA REVIEW SESSION ITEM#71966 (Continued) b. $35,291 from Dominion Energy Services, Inc. to FY 2021-22 Parks and Recreation Operating Budget re plant trees to increase the urban tree canopy in accordance with the City's Urban Forest Management Plan c. $65,000 from the Virginia Supreme Court Drug Treatment Court Docket Grant to the FY 2021-22 Commonwealth's Attorney Operating Budget re expenses related to drug treatment and AUTHORIZE 25% in-kind Grant Match d. $95,494 from the Commonwealth to the FY2021-22 Clerk of the Circuit Court Operating Budget re provide compensation supplements for employees e. $274,825 from the Commonwealth in Aid to Localities Grant Funding to the FY 2021-22 Fire Department Operating Budget re personal protective equipment,training, and uniforms 14. Ordinances to ACCEPT and APPROPRIATE from the Department of Motor Vehicles (DMV) to the FY 2021-22 Police Department Operating Budget and AUTHORIZE 50%in-kind match: a. $29,400 re overtime related to the enforcement of seat belt laws b. $36,200 re overtime related to the enforcement of DUI laws c. $77,503 re overtime and equipment related expenses to speed enforcement 15. Ordinances to ACCEPT and APPROPRLATE from Department of Homeland Security to FY2021- 22 Fire Department Operating Budget: a. $23,002 re purchase of equipment related to the response and recovery duties of the Marine Team b. $368,119.09 and TRANSFER$36,811.91 (cash match requirement)from the Public Safety Equipment Replacement Project CIP #100325 re physical fitness programs and training J. ORDINANCES/RESOLUTIONS: ITEM#la WILL BE CONSIDERED FOR DEFERRAL FOR 60 DAYS ITEM#Ib WILL BE CONSIDERED FOR DEFERRAL FOR 60 DAYS ITEM#2 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#13b ITEM#15a WILL BE CONSIDERED SEPARATELY ITEM#15b WILL BE CONSIDERED SEPARATELY September 7, 2021 38 AGENDA REVIEW SESSION ITEM#71966 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. JEFFREY & PAIGE MADRIGAL for the Street Closure re 334 square feet portion of an unimproved right of way adjacent to the rear of 317 45`h Street DISTRICT 6—BEACH(Deferred from November 19, 2019) 2. ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE,LLC for a Conditional Change of Zoning from Conditional B-1 Neighborhood Business to Conditional B-2 Community Business re operate a commercial retail store at 2749 South Independence Boulevard DISTRICT 1 — CENTERVILLE(Deferred from September 7, 2021) 3. VIRGINIA BEACH DEVELOPMENT AUTHORITY/VIRGINL4 BEACH DEVELOPMENT AUTHORITY& FROB, LLC for a Modification of Proffer to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE 4. SAMET PROPERTIES& TAYLOR FARMS LAND COMPANY,LLC for a Conditional Change of Zoning from AG-1 &AG-2 Agricultural and Conditional I-1 Light Industrial to Conditional I-1 Light Industrial and a Conditional Use Permit re bulk storage yard at 2097 Harpers Road DISTRICT 6—BEACH 5. VTS LYND MAYFLOWER OWNER, LLC for Conditional Use Permits re short term rental at 205 34`h Street: a. Unit 1601 b. Unit 1602 c. Unit 1603 d. Unit 1604 e. Unit 1605 DISTRICT 6—BEACH 6. JERRETT SIMMONS / JARRETT SIMMONS & MARLENA BEGLEY-SIMMONS for a Conditional Use Permit for Alternative Resident Development re 2841 West Gibbs Road DISTRICT 7—PRINCESS ANNE 7. Ordinances re Short Term Rentals: a. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements (Requested by Vice Mayor Wood and Council Member Tower)Deferred from July 13, 2021 September 7, 2021 39 AGENDA REVIEW SESSION ITEM#71966 (Continued) ITEMS FOR RECONSIDERATION FROM JULY 13, 2021 CITY COUNCIL MEETING a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts- North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the designation and incorporation of property into Short Term Rental Overlay Districts-North End and Oceanfront Resort District(Requested by Vice Mayor Wood and Council Member Tower) K. PLANNING ITEMS: ITEM#3 WILL BE CONSIDERED FOR DEFERRAL ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE NAY ON#5a-e COUNCIL MEMBER MOSS WILL VOTE NAY ON#5a-e ITEM#7a WILL BE CONSIDERED SEPARATELY ITEMS#7a/b FOR RECONSIDERATION FROM JULY 13, 2021 CITY COUNCIL MEETING WILL BE CONSIDERED SEPARATELY September 7, 2021 40 ITEM#71967 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). • Beach District • Princess Anne District • Beach District PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3711(A)(5); • Project River September 7, 2021 41 ITEM#71967 (Continued) Upon motion by Council Member Moss,seconded by Council Member Jones, City Council voted to proceed into CLOSED SESSION at 4:12 P.M. Voting.• 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Closed Session 4:12 P.M. — 5:55 P.M. September 7, 2021 42 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 7, 2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, September 7, 2021, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Reverend Victoria J. Thomas Agape Hampton Roads Spiritual Center PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review of the agenda for any given meeting of the Council, she 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. September 7, 2021 43 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. September 7, 2021 44 ITEM—IX.E CERTIFICATION ITEM#71968 Upon motion by Council Member Moss, seconded by Council Member Rouse, 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, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 lN1A•BE„q 0. litt, .F = f. ? sO`1} �R � / 05; }d OF OUR I 1‘C1iS 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#71967 Page 41 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. iliki A ra :a es, ,`MC Ci . lerk September 7, 2021 45 ITEM—IX.F MINUTES ITEM#71969 Upon motion by Council Member Jones, seconded by Council Member Wooten, City Council APPROVED the MINUTES of the SPECIAL SESSIONS ofAugust 10,2021 and August 12,2021 and the INFORMAL and FORMAL SESSIONS of August 17,2021 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Rosemary Wilson Council Members Abstaining: Sabrina D. Wooten Council Members Absent: None September 7, 2021 46 ITEM—IX.G.1 PUBLIC COMMENT ITEM#71970 Mayor Dyer DECLARED a PUBLIC HEARING: APPLICATIONS FOR THE TRANSPORTATION ALTERNATIVES PROGRAM The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING September 7, 2021 47 ITEM—IX.H.1 MAYOR'S PRESENTATION ITEM#71971 Mayor Dyer DECLARED a PUBLIC HEARING: 20th ANNIVERSARY—9/11 Mayor Dyer read the Resolution in remembrance of the 20t Anniversary of the September 11, 2001, terrorist attacks and urged citizens to recognize the heroism of first responders, military service members and volunteers who, without pause, responded to the tragic events with courage, selfless compassion, determination and skill, and remember the victims and innocent lives lost as a result of the tragic events. Mayor Dyer recognized the following Virginia Task Force 2 Urban Search and Rescue Team Members who responded and were in attendance: Jesse Bell Kean Black Wayne Black Glenn Burnett James Cervera Steve Cover Robert Darling Leon Dextradeur David Doss Daryl Funaiock Harold Hill Dave Hutcheson Jim Ingledue Dennis Keane Doug Kidwell Paul Pravetz Michael Ronin John Thomas September 7, 2021 Wu'•BE4 2 G o 0f RESOLUTION WHEREAS: On Tuesday, September 11, 2001, the United States was the target of an unprovoked senseless act of terrorism resulting in the deadliest attack on U.S.soil since the bombing of Pearl Harbor in 1941. The terrorist attack killed more than 3,000 innocent people and injured thousands more in New York,New York,Shanksville,Pennsylvania and Arlington,Virginia at the Pentagon;and WHEREAS: On October 7,2001,Operation Enduring Freedom,the American-led international effort, began with U.S. forces effectively removing the Taliban from operational power in Afghanistan, with American forces continuing to track the mastermind behind the September 11 attack,Osama bin Laden, who was eventually located and killed on May 2,2011,in Abbottabad,Pakistan;and WHEREAS: In the days after September 11th, the spirit of America was revitalized, giving way to patriotism with a stronger nation emerging with pride and a true love of country;and WHEREAS: On September 11, 2001, Virginia Task Force 2, consisting of 76 members, deployed to the Pentagon,working night shift,searching,removing debris,recovering bodies,replacing,and shoring up approximately 30-40 columns returning 8 days later on September 19, 2001. Of the 76 members deployed,47 were Virginia Beach Task Force members;and NOW THEREFORE, BE IT RESOLVED: On this 20th Anniversary of 9/11, the Mayor and Members of City Council urge citizens to recognize the heroism of our first responders,military service members and the volunteers who,without pause,responded to these tragic events with courage, selfless compassion,determination,and skill and remember the victims and innocent lives lost as a result of the tragic events of September 11,2001. BE IT FURTHER RESOLVED:That the Virginia Beach City Council pauses during this Formal Session to reflect upon that tragic day twenty-years ago. Given under our hands and seals this Seventh day of September,Two Thousand Twenty-One: . 1/.1....r.___C--- —71,,, lio Council 9Kem6er91tichaefE..Berlucchi CounciIMem6erBar6ara M.7f ouncifM erN.D. ky°7folcom6 Counci[MemberL is R Jones ouncif em erJohn D.Moss o em6erAaron Tj,Rouse 0/1L....„ /t...(--..—....----., Council Member Guy IC Tower CouncilMem6er semary Wilson C ' Mem6erSa6nna D.Wooten Mayor 4o6 M. `Bo `Dyer 48 ITEM-IX.I.1 FORMAL SESSION AGENDA ITEM#71972 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/Resolution J: 1 a/b, 3, 4a-d, 5, 6, 7, 8a/b, 9a-m, 10, 11, 12a/b, 13c, 14a/b/c and Planning Items K: 1, 2, 5a-e and 6 Upon motion by Council Member Jones,seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions J:la/b(DEFERRED 60 DAYS),3,4a-d, 5, 6, 7, 8a/b, 9a-m, 10,11, 12a/b, 13a-e, 14a/b/c and Planning Items K:1,2,3 (DEFERRED TO SEPTEMBER 21,2021), 5a-e and 6 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None J. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#13b ITEM#15a WILL BE CONSIDERED SEPARATELY ITEM#15b WILL BE CONSIDERED SEPARATELY K.PLANNING ITEMS: ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY WILL VOTE NAY ON#5a-e COUNCIL MEMBER MOSS WILL VOTE NAY ON#5a-e ITEM#7a WILL BE CONSIDERED SEPARATELY ITEMS#7a/b FOR RECONSIDERATION FROM JULY 13, 2021 CITY COUNCIL MEETING WILL BE CONSIDERED SEPARATELY September 7, 2021 49 ITEM—IxJ.l a ORDINANCES/RESOLUTIONS ITEM#71973 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council DEFERRED 60 DAYS,BY CONSENT, Ordinance to AMEND: a. Section 1-3 and 1-30 of the Stormwater Management Ordinance (Appendix D) re Stormwater Appeals Board Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 50 ITEM—IX.J.lb ORDINANCES/RESOLUTIONS ITEM#71974 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council DEFERRED 60 DAYS,BY CONSENT, Ordinance to AMEND: b. Section 1.2 of the Public Works Design Standards Manual re variances Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 51 ITEM—IX.J.2 ORDINANCES/RESOLUTIONS ITEM#71975 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in SUPPORT Virginia Wasserberg, 4412 Sanibel Circle#401, Phone: 252-339-6214, spoke in SUPPORT Teresa Langille, 932 Truro Court, Phone: 641-1592, spoke in SUPPORT Robert Dean, 1204 Shawn Drive, Phone: 287-8694, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Council Member Tower, City Council ADOPTED Resolution to MAKE certain commitments regarding the Comprehensive Flood Mitigation Bond Referendum (Requested by Council Member Moss and Tower) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 REQUESTED BY COUNCILMEMBERS MOSS AND TOWER 1 A RESOLUTION MAKING CERTAIN COMMITMENTS 2 REGARDING THE COMPREHENSIVE FLOOD MITIGATION 3 BOND REFERENDUM 4 5 WHEREAS, changing weather patterns and sea level rise as validated by National 6 Oceanic and Atmospheric Administration (NOAA 2020), the Massachusetts Institute of 7 Technology and the Sea Level Wise Adaptation Study have demonstrated that the in- 8 place drainage capacity, even in like new condition is: (i) severely inadequate to protect 9 the city from structures being flooded on a city-wide basis; (ii) insufficient to preclude the 10 future downgrade of the City's bond rating based on economic loss of even single one- 11 hundred-year flooding event and recovery time; and (iii) the path to stagnant economic 12 growth as investors pass us by; 13 14 WHEREAS, the Sea Level Wise Adaptation Study and the City's modeling of four 15 watersheds and 15 drainage basins have validated the drainage capacity required to 16 discharge the water of a one-hundred year storm event (a storm event with a 1% annual 17 exceedance probability) to prevent flooding of homes and businesses accounting for 1.5 18 feet of sea level rise and a high tide of 2.3 feet over mean average high tide of 1.8; 19 20 WHEREAS, the City staff has sufficiently scoped out the engineering material 21 solution for a referendum quality cost estimate for eliminating the backlog in maintenance 22 of legacy ponds, ditches, and canals and the installation of 21 named projects on the 23 bond referendum question; 24 25 WHEREAS, at the end of the ten-year period in 2032, eight percent of the City will 26 qualify for preferred FEMA flood insurance risk due to completion of the twenty-one 27 named projects in the bond referendum question and elimination of the backlog in the 28 maintenance of the City's legacy ditches, canals, and ponds; 29 30 WHEREAS, at the ten-year build out, Phase Two will commence to achieve 31 Virginia Beach high and dry in 2045; 32 33 WHEREAS, meeting the existential threat of flooding will improve the quality of life 34 for residents, and a competitive advantage for a growing economy will be sustained; and 35 36 WHEREAS, the City Council previously directed the City Manager to create a 37 dedicated webpage on the City's website that includes each of the Phase 1 projects and 38 the progress — by dollar amount spent and by milestone achieved —toward completion of 39 such projects and to provide quarterly reports to the City Council providing updates 40 regarding the execution of the projects if the referendum question is answered in the 41 affirmative; 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA, THAT: 45 46 The City Council urges the residents to carefully consider the issue of flood 47 mitigation and plan to vote in November. To assist in the residents' deliberations, the City 48 Council makes the following commitments, which with the exception of #4, will be 49 delivered within three weeks if the residents approve the referendum question in 50 November: 51 52 1. The City Council will adopt a comprehensive financial plan to pay for the 53 authorized $567,500,000 of general obligation debt, which will include the 54 following: 55 a. The authorized debt to be repaid by a real estate tax increase of 4.3 56 cents for twenty-year debt based on an average annual increase of three 57 percent in the City's taxable real estate based on the 1 July 2021 land 58 book. 59 b. The financial plan shall create a single appropriation unit into which all 60 bond proceeds are deposited and a single appropriation unit into which 61 all revenue derived from the increase in real estate taxes are deposited. 62 Such fund shall provide all deposit and withdrawal information with 63 sufficient granularity for oversight by the City Council and the Citizen 64 Oversight Board. 65 c. In furtherance of the long-term flood mitigation needs of the City, the 66 general obligation bonding capacity created by the retirement of the debt 67 authorized by the November 2021 referendum shall be reserved 68 exclusively for the issuance of bonds to finance Phase 2 of the City's 69 flood mitigation program and subsequent sea level rise projects. 70 71 2. The establishment of a Citizen Oversight Board composed of seven members 72 that shall have access to all financial, contract documents, acceptance and 73 deliverable testing and certifications documentation, and shall receive a 74 monthly briefing from the City Manager, Quality Assurance Officer, and the 75 Contractor's program manager and quality assurance officer and shall give a 76 public brief to the City Council every two months on the twenty-one named 77 projects in the bond referendum question and the elimination of the backlog in 78 the maintenance of the City's legacy ditches, canals, and ponds. 79 80 3. An amendment to the City's Comprehensive Land Use Plan that will 81 recommend denial for any project or development that generates a net increase 82 in water discharge demand in any watershed or in any drainage system in 83 watershed over the capacity of net of margin to meet the modeled discharge 84 baseline of the drainage system at build-out, and further requiring the Planning 85 Department to recommend denial of any submission that does not conform to 86 the former. 87 88 4. The City Manager is to develop and present to the City Council an acquisition 89 strategy that seeks to streamline and expedite design and construction of the 90 twenty-one flood mitigation projects, including using a single prime contractor, 91 watershed bundling, and project bundling. The City Manager is to also acquire 92 a separate contractor bonded to conduct quality assurance and recommend 93 deliverable acceptance. 94 95 5. The City Attorney shall prepare an ordinance that freezes the Stormwater 96 management fee through 2028. 97 98 BE IT FURTHER RESOLVED, THAT: 99 100 The City Council is in agreement that the following reflects the course of action to 101 be pursued if the November referendum is answered in the negative: 102 103 1 . The City will prioritize funding to eliminate the backlog in the maintenance of 104 ponds, ditches, and canals and sustaining the required maintenance cycles; 105 2. The City will continue the planned increases in the Stormwater management fee 106 and issuance of revenue bonds for stormwater projects, such fees to be increased 107 as necessary to support the authorized projects and additional bond costs 108 associating with revenue bonds; 109 3. While flood risk remains, the Phase 1 projects will be pursued over the following 110 forty years, and the perils and risks associated with this timeline include severe 111 weather events, increased flood insurance premiums, companies locating and 112 relocating elsewhere, potential reduction in the City's bond rating, and home 113 values adjusted to reflect the cost of flood insurance; 114 4. The work associated with the Phase 1 projects will increase over time as cost of 115 construction increases, and the borrowing costs may not be as favorable as today; 116 and 117 5. Rainfall events will continue to happen during the longer forty-year delivery 118 schedule for the Phase 1 projects with the probable outcome of flooding to homes 119 and businesses. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day of September , 2021. APPROVED AS TO LEGAL SUFFICIENCY: ey's Office CA15526 R-3 September 1, 2021 52 ITEM—IX.J.3 ORDINANCES/RESOLUTIONS ITEM#71976 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to CREATE the Atlantic Park Community Development Authority(CDA) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE CREATING THE ATLANTIC PARK 2 COMMUNITY DEVELOPMENT AUTHORITY 3 4 WHEREAS,the City of Virginia Beach Development Authority(the"Petitioner")and 5 Atlantic Park, Inc. (the "Developer"), have entered into the Dome Site Development 6 Agreement dated December 23, 2019 (the "Development Agreement"), to provide for the 7 development and redevelopment of an approximately 13-acre site near the oceanfront 8 between 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), 9 collectively known as the Dome Site (the "Property"), into a mixed-use development 10 featuring retail, office, residential, parking and entertainment components; 11 12 WHEREAS, the Development Agreement contemplates that the Property will be 13 ground leased to the Developer, immediately following which the Developer will submit 14 the Property to a condominium regime, which the Petitioner and the Developer 15 contemplate will be known as "Atlantic Park Condominium Phase 1" that will contain a 16 certain condominium unit to be known as the "NW EV Unit" (the "Entertainment Venue 17 Unit") within which the Entertainment Venue described in the Development Agreement 18 will be constructed; 19 20 WHEREAS, in accordance with the terms of the Development Agreement, the 21 Petitioner has submitted to the City Council (the "Council") a petition (the "Petition") for 22 the creation of the Atlantic Park Community Development Authority(the "CDA") and has 23 represented that the Petitioner owns at least fifty-one percent (51%) of the land area or 24 assessed value of the land within the proposed CDA district (the "CDA District"); 25 26 WHEREAS, the Council proposes to create the CDA in order to provide the public 27 infrastructure, facilities and services described in the Petition in connection with the 28 development or redevelopment of the Property into a mixed-use development featuring 29 retail, office, residential, parking and entertainment components pursuant to the terms of 30 the Development Agreement; 31 32 WHEREAS, the creation of the CDA to assist in financing the public infrastructure, 33 facilities and services described in the Petition (a) will benefit the citizens of the City by 34 promoting increased employment opportunities, a strengthened economic base, 35 increased tax revenues and additional business, retail, tourism and recreational 36 opportunities and (b) will be necessary or desirable for development or redevelopment 37 within or affecting the CDA District or to meet the increased demands placed upon the 38 City as a result of development or redevelopment within or affecting the CDA District; 39 40 WHEREAS, a public hearing has been held on August 17, 2021, by the Council on 41 the adoption of this Ordinance and notice has been duly provided as set forth in §§15.2- 42 5104 and 15.2-5156 of the Virginia Water and Waste Authorities Act, Chapter 51, Title 43 15.2, Code of Virginia of 1950, as amended (the "Act"); and 44 45 WHEREAS, the Petitioner has waived in writing its right to withdraw its signature 46 from the Petition in accordance with §15.2-5156(B) of the Act; 47 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 48 OF VIRGINIA BEACH, VIRGINIA: 49 50 1. Creation of Authority: Powers under the Act. The Atlantic Park Community 51 Development Authority is hereby created as a political subdivision of the Commonwealth 52 of Virginia in accordance with the applicable provisions of the Act. The CDA shall have 53 the powers set forth in the Act. 54 55 2. Boundaries of CDA. The CDA boundaries shall initially include the property 56 identified in the attached Exhibit A (the "Initial CDA District"). In accordance with §15.2- 57 5157 of the Act, a copy of this Ordinance shall be recorded in the land records of the 58 Circuit Court of the City of Virginia Beach for each tax map parcel in the Initial CDA District 59 upon its adoption. The boundaries of the Initial CDA District(a) may be expanded by the 60 Council by subsequent ordinance upon petition filed pursuant to the Act and (b) may be 61 adjusted by the City to exclude certain land as long as the owners of at least fifty-one 62 percent (51%) of the land area or assessed value of land that will remain in the CDA 63 District after the adjustment originally petitioned for the creation of the CDA. The City, 64 together with the Petitioner, shall take such action as necessary to exclude the 65 Entertainment Venue Unit from the CDA District once the condominium unit constituting 66 the Entertainment Venue Unit is created and assigned a distinct tax parcel number and 67 legal description. 68 69 3. Facilities and Services. The CDA is created for the purpose of exercising 70 the powers set forth in the Act, including acquiring, financing, funding, designing, 71 constructing, equipping and providing for the construction, installation, operation, 72 maintenance (unless dedicated to and accepted by the appropriate governmental entity 73 other than the CDA), enhancement, replacement, relocation and alteration of all or 74 portions of the public infrastructure, facilities and services more particularly described in 75 the Petition, which description is incorporated herein by reference. The CDA shall have 76 all the powers provided by the Act. The CDA shall not provide services that are provided 77 by, or obligated to be provided by, any authority already in existence pursuant to the Act 78 unless such authority provides the certification required by §15.2-5155(B)of the Act. 79 80 4. Articles of Incorporation. Attached hereto as Exhibit B are the proposed 81 Articles of Incorporation of the CDA. The City Manager is authorized and directed to 82 execute and file such Articles of Incorporation on behalf of the Council with the State 83 Corporation Commission in substantially the form attached as Exhibit B with such 84 changes, including insubstantial changes to the boundary description of the CDA District 85 described therein, as the City Manager may approve. The City Manager is authorized to 86 approve such changes or corrections to the Articles of Incorporation prior to filing with the 87 State Corporation Commission as do not change the purpose or function of the CDA as 88 set forth in this Ordinance and in the Petition. 89 90 5. Capital Cost Estimates. The Council hereby finds, in accordance with 91 §15.2-5103(B)of the Act,that it is impracticable to include capital cost estimates, project 92 proposals and project service rates, except as preliminarily summarized in the Petition. 93 6. Membership of the Authority. 94 (a) The powers of the CDA shall be exercised by a board (the "CDA 95 Board")consisting of a number of CDA Board members equal to the number of members 96 of the Council. 97 (b) In accordance with the provisions of §15.2-5113 of the Act, it is 98 hereby ordained that the initial and all subsequent members of the CDA Board shall be 99 the then-current members of the Council. 100 (c) The initial members of the CDA Board shall be as set forth in the 101 Articles of Incorporation for the terms set forth therein. 102 (d) CDA Board members shall receive no compensation from the CDA 103 for their service as CDA Board members. 104 105 7. Plan of Finance; Issuance of Bonds. 106 (a) The public infrastructure, facilities and services to be undertaken by 107 or on behalf of,the CDA, the City or the Petitioner as described herein and in the Petition 108 shall be funded from all or some of the following sources: (i) bonds to be issued by the 109 CDA(the "Bonds"); (ii)special assessments to be levied pursuant to§15.2-5158(AX5)of 110 the Act; (iii) a special tax to be levied pursuant to §15.2-5158(AX3) of the Act; and 111 (iv)contributions made by the City of certain tax revenues generated from the property 112 and activity within the CDA District as more particularly described in the Development 113 Agreement and in a memorandum of understanding to be entered into by the CDA, the 114 City, the Petitioner and the Developer. 115 (b) The Bonds may be issued in one or more series, provided that(i)the 116 annual debt service on the Bonds may not exceed $5,000,000, (ii)the Bonds may not be 117 issued for a term longer than 23 years (with only interest payable for up to the first three 118 years and principal and interest payable over the final 20 years)and (iii) the Bonds must 119 be structured to achieve level debt service over the final 20 years. The proceeds from 120 the sale of Bonds will be used to (x) pay (A)the costs of the infrastructure, facilities and 121 services as described herein and in the Petition, (B) the costs of issuing the Bonds and 122 (C)certain Interest on the Bonds for a period of up to 36 months after the issuance of the 123 Bonds and (y)fund any required reserves in connection with the Bonds. 124 (c) Any Bonds or any other financing arrangements entered into by the 125 CDA will be indebtedness of the CDA,will not be a debt or other obligation of the City and 126 will not constitute a pledge of the faith and credit of the City. 127 128 8. Effective Date. This Ordinance shall take effect Immediately. 129 130 9. Recordation of Ordinance. The Council hereby directs that a copy of this 131 Ordinance be recorded in accordance with §15.2-5157 of the Act. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day of September , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney CA15510 R-3 July 22, 2021 The undersigned City Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of an Ordinance acted at a regular meeting of the City Council of the City of Virginia Beach, Virginia, d on I September L, 2021]. ity Clerk, City rginia Beach, Virginia WAIVER WITH RESPECT TO CREATION OF ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY The undersigned is the sole petitioning landowner for the Atlantic Park Community Development Authority(the"CDA"). Pursuant to the provisions of Virginia Code Section 15.2- 5156(B),the undersigned has received a copy of the proposed ordinance to be considered by the City Council of the City of Virginia Beach entitled "ORDINANCE CREATING THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY." The undersigned acknowledges its right to withdraw from the petition requesting the creation of the CDA pursuant to the proposed ordinance and hereby waives its right to do so. Dated: September__,2021. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Br 1 S Name: ' Ica, I, Lt_ Title: '1 Cf l t Articles of Incorporation of Atlantic Park Community Development Authority The undersigned, pursuant to Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended, adopts the following Articles of Incorporation for the Atlantic Park Community Development Authority and states as follows: Article 1 Name The name of this Authority is ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY(the"Authority"). Article II Ornanization Pursuant to an ordinance adopted by the City Council of the City of Virginia Beach, Virginia(the"Council")on September 7,2021 (the"Ordinance"),the Authority shall be organized by the City of Virginia Beach, Virginia (the "City"), under the Virginia Water and Waste Authorities Act(Chapter 51,Title 15.2 of the Code of Virginia of 1950, as amended) (the"Act"), as a public body corporate and politic and a political subdivision governed by the laws of the Commonwealth of Virginia. Article III Members The affairs of the Authority shall be conducted by an authority board of a number of members equal to the number of members of the Council ("Authority Board"). The initial Authority Board members are as set forth in Exhibit A attached hereto and incorporated by reference. The initial and all subsequent members of the Authority Board shall be the then-current members of the Council. Each member of the Authority Board shall serve a term concurrent with their respective term as a member of the Council, including the initial members of the Authority Board who shall serve the terms of office set forth in Exhibit A hereto. No member of the Authority Board shall serve a term in excess of that permitted by §15.2-5113 of the Act,provided that any member of the Authority Board may be reappointed for one or more terms (consecutive or otherwise). The election of officers of the Authority shall be as set forth in the By-Laws of the Authority. Qualifications and appointment of members of the Authority Board shall be consistent with the requirements of the Act. The Authority Board shall have the powers and duties set forth in the Act and in these Articles of Incorporation and the By-Laws, to the extent that such powers and duties are not inconsistent with the Act. Article IV Principal Office The Authority's initial principal office shall be c/o City Manager, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One, 2401 Courthouse Drive. Virginia Beach,Virginia 23456. The Authority may conduct its business and maintain offices for such purposes at such other places within or without the City as may from time to time be deemed advisable by the Authority Board, and not in conflict with the requirements of the Act. Article V Authoritl District The land initially encompassed within the Authority is set forth in Exhibit B attached hereto (the "Initial Authority District") provided that the boundaries of the Initial Authority District (a) may be expanded by the Council by subsequent ordinance upon petition filed pursuant to the Act and (b)may be adjusted by the City to exclude certain land as long as the owners of at least fifty- one percent (5l%) of the land area or assessed value of land that will remain in the Authority district after the adjustment originally petitioned for the creation of the Authority. Article VI Purposes and Powers The Authority is organized for the purpose of exercising all powers granted by the Act, including acquiring, financing, funding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the Authority), enhancement, replacement, relocation and alteration of all or portions of the public infrastructure, facilities and services generally described in the Petition to create the Authority attached hereto as Exhibit C. The Authority shall have all powers granted to a"community development authority"under the Act. Article VII Not-for-Profit The Authority shall not be organized or operated for pecuniary gain or profit. No part of the net earnings of the Authority shall inure to the benefit of, or be distributable to any member, director, officer, or any other private person, except that the Authority shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments in furtherance of the purposes set forth in Article VI. -2- Article VIII Amendment of Articles These Articles of Incorporation may be amended at any time and from time to time by the Council as now or hereafter prescribed by the Act. Article IX Registered Office and Registered Agent The address of the initial registered office of the Authority is c/o Mark D. Stiles, City Attorney, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One,2401 Courthouse Drive,Virginia Beach,Virginia 23456. The initial Registered Agent of the Authority is Mark D. Stiles, whose business address is identical to that of the initial registered office and who is a resident of Virginia and a member of the Virginia State Bar. Article X Initial Members The names and addresses of the initial members of the Authority Board are as set forth on the attached and incorporated Exhibit A. Article XI Indemnification (a) For purposes of this Article XI the following definitions shall apply: (i) "expenses" include counsel fees, expert witness fees, and costs of investigation, litigation and appeal, as well as any amounts expended in asserting a claim for indemnification; (ii) "liability"means the obligation to pay a judgment,settlement,penalty,fine, or other such obligation; (iii) "legal entity" means a corporation, limited liability company, partnership, joint venture, trust, employee benefit plan or other enterprise; and (iv) "proceeding" means any threatened, pending, or completed action, suit, proceeding or appeal whether civil, criminal, administrative or investigative and whether formal or informal. (b) In every instance in which the Virginia Nonstock Corporation Act, as it exists on the date hereof or may hereafter be amended, permits the limitation or elimination of liability of -3- directors or officers of a corporation to the corporation,the members, directors and officers of the Authority shall not be liable to the Authority. (c) The Authority shall indemnify any individual who is, was or is threatened to be made a party to a proceeding (including a proceeding by or in the right of the Authority)because such individual is or was a member,director or officer of the Authority or because such individual is or was serving the Authority or any other legal entity in any capacity at the request of the Authority while a member,director or officer of the Authority,against all liabilities and reasonable expenses incurred in the proceeding except such liabilities and expenses as are incurred because of such individual's willful misconduct or knowing violation of the criminal law. Service as a member,director or officer of a legal entity controlled by the Authority shall be deemed service at the request of the Authority. The determination that indemnification under this paragraph (c) is permissible and the evaluation as to the reasonableness of expenses in a specific case shall be made, in the case of a member or director, as provided by law, and in the case of an officer, as provided in Section(d)of this Article;provided,however,that if a majority of the members of the Authority has changed after the date of the alleged conduct giving rise to a claim for indemnification, such determination and evaluation shall, at the option of the person claiming indemnification, be made by special legal counsel agreed upon by the Authority Board and such person. Unless a determination has been made that indemnification is not permissible, the Authority shall make advances and reimbursements for expenses incurred by a member, director or officer in a proceeding upon receipt of an undertaking from such member,director or officer to repay the same if it is ultimately determined that such member,director or officer is not entitled to indemnification. Such undertaking shall be an unlimited, unsecured general obligation of the member, director or officer and shall be accepted without reference to such member's, director's or officer's ability to make repayment. The termination of a proceeding by judgment, order, settlement,conviction,or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that a member,director or officer acted in such a manner as to make such member, director or officer ineligible for indemnification. The Authority is authorized to contract in advance to indemnify and make advances and reimbursements for expenses to any of its members, directors or officers to the same extent provided in this paragraph(c). (d) The Authority may, to a lesser extent or to the same extent that it is required to provide indemnification and make advances and reimbursements for expenses to its members, directors and officers pursuant to paragraph (c) of this Article,provide indemnification and make advances and reimbursements for expenses to its employees and agents, the members, directors, officers, employees and agents of its subsidiaries and predecessor entities, and any person serving any other legal entity in any capacity at the request of the Authority, and may contract in advance to do so. The determination that indemnification under this paragraph (d) is permissible, the authorization of such indemnification and the evaluation as to the reasonableness of expenses in a specific case shall be made as authorized from time to time by general or specific action of the Authority Board, which action may be taken before or after a claim for indemnification is made, or as otherwise provided by law. No person's rights under paragraph (c) of this Article shall be limited by the provisions of this paragraph (d). (e) The rights of each person entitled to indemnification under this Article shall inure to the benefit of such person's heirs, executors and administrators. Special legal counsel selected -4- to make determinations under this Article may be counsel for the Authority. Indemnification pursuant to this Article shall not be exclusive of any other right of indemnification to which any person may be entitled, including indemnification pursuant to a valid contract,indemnification by legal entities other than the Authority and indemnification under policies of insurance purchased and maintained by the Authority or others. However,no person shall be entitled to indemnification by the Authority to the extent such person is indemnified by another, including an insurer. The Authority is authorized to purchase and maintain insurance against any liability it may have under this Article or to protect any of the persons named above against any liability arising from their service to the Authority or any other legal entity at the request of the Authority regardless of the Authority's power to indemnify against such liability. The provisions of this Article shall not be deemed to preclude the Authority from entering into contracts otherwise permitted by law with any individuals or legal entities,including those named above. If any provision of this Article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Article, and to this end the provisions of this Article are severable. (f) No amendment, modification or repeal of this Article shall diminish the rights provided hereunder to any person arising from conduct or events occurring before the adoption of such amendment,modification or repeal. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -5- IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of Incorporation as of the day of , 2021, as duly authorized by Ordinance adopted by the City Council of the City of Virginia Beach,Virginia,on September 7, 2021. By: City Manager,City of Virginia Beach,Virginia -6- Exhibit A Names and Addresses of Initial Members') Name and Address Term of Office Commences Expires(�) Michael Berlucchi 1/1/2021 12/31/2024 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach,Virginia 23456 Robert M. Dyer 1/1/2021 12/31/2024 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach,Virginia 23456 Barbara Henley 1/1/2019 12/31/2022 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach,Virginia 23456 N.D.Holcomb 8/12/2021 12/31/2024 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach,Virginia 23456 Louis Jones 1/1/2019 12/31/2022 City of Virginia Beach Municipal Center Building One 240] Courthouse Drive Virginia Beach,Virginia 23456 John Moss 1/1/2019 12/31/2022 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach,Virginia 23456 (I)There was one vacancy on the Council at the time of formation of the Authority. When such vacancy is filled,the newly appointed or elected member of Council will be appointed as an additional member of the Authority Board. as Each member's term shall expire on the date shown above unless such member ceases to serve on the Council prior to such date,in which case such member's term shall expire on the date such member ceases to serve on the Council. 9517£Z rl141IA`erg rlulSnA anuQ asnotpmo0 'OK au0 SWIPE{ 14ua0 ga rag siulS.LA Jo AID ZZOZ/I£/Z I 6 I0Z/I/I ualoom swigs 9Str£Z B!U!SltA Nog*g scuISilA anuQ asnoglmo0 Ton auO guwPIInS ialua0 IrdtotunleI tiaras elulitwoo 1I0 trZOZ/I£/Z I I ZOZ/I/I uosptlA,CJBuBasog 9Str£Z BI1S1MA`WWII slulShrA anuQ asnocpmo0 !NZ au0 Sulpimg ialua0 IrdplunIN tiaras rtul2nA3o 1(4I0 ZZOZ/I£/Z 1 6 I0Z/9/I I Sur}I Am) 9S17£Z rlal2ilA Vega rlu41IA anuQ asnoti11no0 IOiZ au0 SuIPljng a21u00 IrdloluulAI garag rlu121TA 3o Alcj ZZOZ/I£/Z I 6 I0Z/I/I asno)I •11 uo.� I F 1 Id I i ZO8b-LO-LZbZ SZ9S-LO-LZbZ LSLb-LO-LZbZ 1 I69b-LO-LZIZ £88b-LO-LZiZ 517917-L0-LZbZ LEIS-LO-LZbZ LISb-LO-LZtZ £98S-LO-LZbZ 099£-LO-LZiZ 0669-LO-LZiZ 9£S£-LO-LZbZ 8089-LO-LZbZ 699£-LO-LZbZ LOLL-LO-LZbZ ITL£-LO-LZtrZ II9Z-LI-GM SOL£-LO-LZbZ 9IS0-LI-LZtZ 068Z-LO-LZbZ tZS6-LO-LZbZ L9L£-LO-LZbZ £S80-L I-LZbZ (sNIdO)sio9uinN pared dew xes, pia;siq A1poq;ny ju pq jo uopd!J saa a nglgxa Exhibit C Petition to Create Authority [To be Attached] 022764.0000279 EMF_US 85728599v4 PETITION PURSUANT TO VIRGLNIA CODE SECTION 15.2-5153 FOR THE CREATION OF THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY TO THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA WHEREAS, the City of Virginia Beach Development Authority (the "Petitioner") is a political subdivision of the Commonwealth of Virginia(the"Commonwealth"),duly created under the Chapter 643 of the Acts of Assembly of 1964, as amended; WHEREAS,the Petitioner and Atlantic Park,Inc. (the"Developer"),have entered into the Dome Site Development Agreement dated as of December 23, 2019 (the "Development Agreement"), to provide for the development and redevelopment of an approximately 13-acre site near the oceanfront between 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), collectively known as the Dome Site (as hereinafter described, the "Property"), into a mixed-use development featuring retail, office, residential, parking and entertainment components; WHEREAS, the Petitioner is the fee simple owner of the Property, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference; WHEREAS, the Development Agreement contemplates that the Property will be ground leased to the Developer, immediately following which the Developer will submit the Property to a condominium regime, which the Petitioner and the Developer contemplate will be known as "Atlantic Park Condominium Phase 1" that will contain a certain condominium unit to be known as the "NW EV Unit" (the "Entertainment Venue Unit") within which the Entertainment Venue described in the Development Agreement will be constructed; WHEREAS, pursuant to the terms of the Development Agreement, the Petitioner desires to join with the City Council of the City (the "Council")to create a mechanism for the funding of certain infrastructure improvements, facilities and services that are necessary or desirable for development or redevelopment within or affecting the Property or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the Property as more particularly described herein; WHEREAS, pursuant to the terms of the Development Agreement, the Petitioner and the Developer have determined that a community development authority(the"CDA")affords the best mechanism for providing such infrastructure improvements, facilities and services; and WHEREAS,the provision of such infrastructure improvements,facilities and services will promote increased employment opportunities in the City and will facilitate the successful expansion of the City's tax base through increased real property tax revenues, personal property tax revenues, retail sales tax revenues, meals tax and business and license fee revenues from the expansion of the tax base contemplated within the CDA district; NOW, THEREFORE, the undersigned Petitioner, pursuant to Virginia Code §15.2-5153, does hereby petition the Council to establish,by ordinance pursuant to Virginia Code§15.2-5155, the CDA. In support of this Petition, the Petitioner states as follows: 1. Petitioner and CDA District. The Petitioner is the fee simple owner of more than fifty-one percent (51%) of the land area or assessed value of the land proposed to be included within the geographic boundaries of the CDA (such real property to be located within the boundaries of the CDA is referred to herein collectively as the"CDA District"). Legal descriptions of the initial parcels to be included within the CDA District are attached to this Petition as Exhibit A, and the tax map parcel numbers of such initial parcels to be included within the CDA District are attached to this Petition as Exhibit B, all of which are incorporated herein by this reference. All of the initial parcels within the CDA District are located exclusively within the City. The initial boundaries of the CDA District are shown on the map attached to this Petition as Exhibit C and incorporated herein by this reference, but (a) may be expanded by the Council by subsequent ordinance upon petition filed pursuant to the Virginia Code §15.2-5 153 and (b)may be adjusted to exclude certain land as long as the owners of at least fifty-one percent(51%)of the land area or assessed value of land that will remain in the CDA District after the adjustment originally petitioned for the creation of the CDA. The Petitioner,together with the City,shall take such action as necessary to exclude the Entertainment Venue Unit from the CDA District once the condominium unit constituting the Entertainment Venue Unit is created and assigned a distinct tax parcel number and legal description. The Petitioner requests that the CDA be called the"Atlantic Park Community Development Authority." 2. Description of Infrastructure.Facilities and Services. The CDA shall be formed for the purposes of, among other things, acquiring, financing, funding, designing, constructing; equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the CDA), enhancement,replacement,relocation and alteration of all or portions of the public infrastructure, facilities and services identified on Exhibit D, including, without limitation, (a) sanitary sewer mains and Iines, (b) water mains and lines, pump stations and water storage facilities, (c) storm sewer mains and lines, (d)landscaping and related site improvements, (e)parking facilities, (f) sidewalks and walkway paths, (g)storm water management and retention systems (including best management practices, water quality devices and erosion and sediment control), (h)lighting (including street and decorative lights in public rights of way), (i) street and directional signage, (j)wetlands mitigation, (k)roads, curbs and gutters (inclusive of rights of way and easements related thereto), (1)public park, plaza and recreational facilities, (m)new or enhanced public access and open space areas, and (n)any and all facilities and services appurtenant to the above including the acquisition of land (all such existing and new public roads, utilities, facilities, improvements and services are referred to herein collectively as the "Infrastructure"). The CDA may contract for and incur all necessary expenses to accomplish the above and all related purposes, and all such operating expenses of the CDA, including, without limitation, administrative, underwriting,accounting, engineering and legal (collectively, the "Operation of the CDA"), may be included within the scope of any bonds issued by the CDA. The CDA may perform or cause to be performed all work necessary to accomplish these purposes, including, without limitation, right-of-way and easement acquisition,permitting and/or relocation of existing utilities. 3. Description of Provision and Fnnancinc of Infrastructure and Operation of the CDA. The Infrastructure shall be constructed or acquired by, or on behalf of, the CDA, the City or the Petitioner, and the costs thereof shall be paid for, or reimbursed by, the CDA, the City or the Petitioner,upon availability of funding. As set forth in Paragraph 2 above,the CDA may contract -2- for all services required for the Operation of the CDA and the provision of the Infrastructure. The CDA,the City and the Petitioner may contract with each other and with other parties necessary or desirable for the Operation of the CDA and the provision of the Infrastructure or services directly related to the Operation of the CDA. The proposed plan for the Operation of the CDA and the provision of the Infrastructure within the CDA District is as follows: (a) The Petitioner proposes that the CDA request the Council to establish(i) a special tax of S0.25 per $100 of assessed value on taxable real property within the CDA District and (ii) special assessments on the taxable real property within the CDA District to finance the costs of the Infrastructure and the Operation of the CDA as provided in Virginia Code §§15.2-5158(A)(3) and (5). (b) The Petitioner proposes that the Council establish a special admissions tax of S0.05 to be charged to persons actively participating in sporting events or athletic contests or activities within the CDA District as described in the Development Agreement to support the financing of the costs of the Infrastructure and the Operation of the CDA. (c) The CDA may issue revenue bonds, in one or more series, for (i) the Operation of the CDA, (ii) the provision of the Infrastructure or any portion thereof and (iii) the administrative and other authorized costs and expenses of issuing such bonds and performing the work necessary to provide the Infrastructure or any portion thereof. The bonds will be payable solely from revenues received by the CDA(including,but not limited to, any funds assigned by the Developer to the CDA). The annual debt service on such bonds may not exceed $5,000,000. (d) The Petitioner proposes that the CDA request the Council approve a tax contribution plan, using certain tax revenues generated from the property and activity within the CDA District and the Entertainment Venue Unit, to finance all or a portion of the costs of the Infrastructure and the Operation of the CDA, with such tax contribution plan expiring following the repayment of the proposed bonds. 4. Expected Benefits from the Provision of Proposed Infrastructure and the Operation of the CDA. The provision of the Infrastructure and the Operation of the CDA will facilitate the City's efforts to attract new business and economic development to the City in furtherance of the City's business development and revitalization strategies. The Infrastructure and the Operation of the CDA are necessary or desirable for development or redevelopment within or affecting the CDA District or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the CDA District. The development or redevelopment of the area within the CDA District, which will be enabled by the Infrastructure, will enhance the City's tax base by increasing tax revenues and the value of real property within and around the CDA District. 5. Members of the CDA. The CDA board (the "CDA Board") shall have the same number of members as the Council. The Council shall appoint the members of the CDA Board pursuant to Virginia Code §15.2-5113, provided that only the members of the Council shall serve -3- as the members of the CDA Board. 6. Duration/Abolition of the CDA. The CDA may be abolished at any time by appropriate action of the Council, provided that no such abolition shall occur while any CDA obligation remains outstanding. Furthermore, it is contemplated that the CDA shall continue to exist beyond the retirement of all of its obligations to the extent necessary and/or appropriate to provide the public infrastructure,facilities and services identified in this Petition. 7. Waiver. The Petitioner intends to provide a waiver of the thirty(30)-day period to withdraw its signature from this Petition as provided in Virginia Code §15.2-5156(B). ACCORDINGLY, for the reasons above, and in reliance upon the assurances and covenants set out herein,the Petitioner respectfully requests that the Council establish the Atlantic Park Community Development Authority for the purposes set forth in this Petition. -4- IN WITNESS HEREOF, the Petitioner has executed this Petition pursuant to due authority this , . day of SeeteAttiaer,2021. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: \. i crtc Name: #Lt Title: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that the foregoing instrument was acknowledged before me in the jurisdiction aforesaid by ..i.z . 14. ; }} (name), := (title),on behalf of the City of Virginia Beach bevelpment Authority. Given under my hand this Ml'H` day of& ,2021. My commission expires: c2- _ ROBIN KAY WAGONER Notary Public t ;i_ c Cor rnonweatth of Virginiat -1: ' Reg 0217224 Notary Public c `i°"""�° My registration number is: o? l 7 c ay- . -5- EXHIBIT A DESCRIPTIONS OF PARCELS IN THE CDA DISTRICT (Description of Property) PARCEL 1: ALL THAT certain block,piece or parcel of land, situate and being in the City of Virginia Beach, being known, numbered and designated as Block D,consisting of Lots 1 —26 and the closed alley extending North and South, adjacent to lots 14 through 20 and the closed portion of the alley extending East and West between the eastern 30' of Lots 12 and 22 to Lot 17,inclusive, as shown on that certain plat entitled "PROPERTY OF VIRGINIA BEACH PARK CORP., VIRGINIA, VA.", Scale: 1"=100', dated February 1927, prepared by J. F. Benson, C.E., and recorded in the Clerk's Office in Map Book 8, at page 5. Lots 5, 6 and 7 also being shown as Lots R, S,T and U on that plat entitled "Re-division of Lots 5-6-7 Block D Va. Beach VA", recorded in the Clerk's Office in Map Book 18,at page 49. Parts of Lots 19,20,21 and closed portion of alley also being shown on that plat entitled "Plat of Parcel of Land to be Conveyed to Virginia Beach — Princess Anne County Rescue Squad Inc., consisting of portions of Lots 19, 20 & 21 — Block "D" Map 6 — Virginia Beach Development Company", attached to that deed recorded in the Clerk's Office in Deed Book 508,at page 298. TOGETHER WITH all interior lanes and alleys located within said Block D, and more particularly shown on that certain plat recorded in the aforesaid Clerk's Office in Map Book 13,page 64. LESS AND EXCEPT that portion of property designated and described as"RIGHT-OF-WAY-TO BE ESTABLISHED AREA= 1984 SQ. FT. OR 0.046 ACRE" as shown on that certain plat entitled "PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH,VIRGINIA", Scale: 1"=40', dated July 12, 2007, prepared by Rouse-Sirine Associates, Ltd., and recorded in the Clerk's Office as Instrument No. 20080611000691100. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described A-1 property, EXCEPT the interior lanes and alleys located within said Block D, specifically included above. IT BEING a part of the same property conveyed to the City of Virginia Beach (formerly the Town of Virginia Beach)as follows: I) Deed from National Bank of Commerce of Norfolk, dated January 28, 1938,and recorded in the Clerk's Office in Deed Book 191, at page 269. 2) Deed from Ena S. Clements, et als., dated January 2, 1941, and recorded in the Clerk's Office in Deed Book 210, at page 197. 3) Deed from Tourist Haven,Incorporated,dated January 20, 1945, and recorded in the Clerk's Office in Deed Book 226,at page 216. 4) Deed from the Virginia Beach Rescue Squad,Incorporated,dated February 8, 1996, and recorded in the Clerk's Office in Deed Book 3606, at page 1259. 5) Deed from National Bank of Commerce of Norfolk, dated September 18, 1937, and recorded in the Clerk's Office in Deed Book 190, at page 2. 6) Deed from Ruby Virginia Harris and Samuel H Harris, dated October 7, 1941, and recorded in the Clerk's Office in Deed Book 210, at page 199. 7) Deed from Bradley A. Jones, dated November 28, 2011, and recorded in the Clerk's Office as Instrument No. 20111229001335550. 8) Deed from Scott M. Seeley and Jill M. Byrne, dated March 31, 2011, and recorded in the Clerk's Office as Instrument No. 20110401000333160. 9) Deed from Alex Bredologos(a/k/a Alexandros Bredologos) and Eva A. Bredologos (a/k/a Evangelia Bredologos), dated September 26, 2012, and recorded in the Clerk's Office as Instrument No. 20120928001126930. 10) Deed from Jacqueline M. Miller, Substitute Trustee Under a Revocable Living Trust, dated April 27, 2011, and recorded in the Clerk's Office as Instrument No. 20110429000430940. A-2 11) Deed from Stephen Rohring and Lynnette Rohring (a/k/a Lynette Rohring),dated March 14,2011,and recorded in the Clerk's Office as Instrument No. 20110325000311640. 12) Deed from Stephen Rohring and Lynnette Rohring (a/k/a Lynette Rohring),dated March 14,2011,and recorded in the Clerk's Office as Instrument No.20110325000311630. 13) Deed from Timothy John Babcock and Ayako G. Babcock, dated October 25, 2011, and recorded in the Clerk's Office as Instrument No.20111026001107100. 14) Deed from Alex David Stevens, Russ Michael White, Kyle Vincent Stevens and Shelley Ann White,dated March 11,2010,and recorded in the Clerk's Office as Instrument No. 20100419000361490. 15) Deed from Byler and Clark, LLC, a Virginia limited liability company,dated July 15,2011,and recorded in the Clerk's Office as Instrument No. 20110808000800990. 16) Deed from Douglas W. Randolph and Agnes G. Randolph, dated August 20, 2010, and recorded in the Clerk's Office as Instrument No.20100820000864620. 17) Deed from S. J. Stone, Jr. and Virginia Louise Stone, dated April 27,2012,and recorded in the Clerk's Office as Instrument No. 20120501000477690. 18) Deed from Richard D. Dunnington, dated June 28, 2010, and recorded in the Clerk's Office as Instrument No. 20100630000656400. 19) Deed from Robert W. Dunnington, dated June 28, 2010, and recorded in the Clerk's Office as Instrument No. 20100630000656390, and corrected by Instrument No. 20100723000740410. 20) Deed from Maria Bredologos-Mendrinos (f/k/a Maria Bredologos) and Stelianos Bredologos, dated September 26, 2012, and recorded in the Clerk's Office as Instrument No. 20121001001137160. PARCEL 2: ALL THAT certain lot, tract or parcel of land, situate lying and being in the City of Virginia Beach, Virginia, designated and A-3 described as that certain block of land bounded on the north by the southern line of 20th Street,on the east by the western line of Pacific Avenue, on the south by the northern line of 19th Street and on the west by the eastern line of Arctic Avenue. Also described as: ALL THAT certain lot, tract or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "LOTS 1 —20,BLOCK 40,M.B. 1, P.20b", as shown on that certain plat entitled "PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH, VIRGINIA", Scale: I"=50', dated July 29, 2007,made by Rouse-Sirine Associates,Ltd.,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ("Clerk's Office") as Instrument Number 20080611000691110, reference to which is made for a more particular description. TOGETHER WITH all the rights,title and interest of the City in and to the right-of-way located between Pacific Avenue and Arctic Avenue, adjacent to the southern boundary of said Block 40, and known as 19th Street,including that portion of 19th Street designated and described as "RIGHT-OF-WAY TO BE ESTABLISHED AREA=200 SQ. FT. OR 0.005 ACRE", as shown on that certain plat entitled "PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH, VIRGINIA", Scale: 1"=50', dated July 29, 2007,prepared Rouse-Sirine Associated, Ltd, and recorded in the Clerk's Office as Instrument No. 20080611000691110. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property. EXCEPT the right-of-way known as 19th Street. specifically included above. IT BEING a portion of the same property conveyed to the City of Virginia Beach (formerly the Town of Virginia Beach)by Norfolk Southern Railway Company,by deed dated December 15, 1950,and recorded in the aforesaid Clerk's Office in Deed Book 283, at page 534, and by Hampton Roads Chamber of Commerce by Deed of A-4 Vacation and Quitclaim dated March 4, 1992, and recorded in the Clerk's Office in Deed Book 3068, at page 1685. PARCEL 3: ALL THAT certain block,piece or parcel of land, situate and being in the City of Virginia Beach, being known, numbered and designated as Block 33, consisting of Lots 1 —20, as shown on that certain plat entitled "VIRGINIA BEACH", Scale: 200' = 1", dated July 17, 1901,and recorded in the Clerk's Office in Map Book 1,at page 20b. Also described as Lots 1-11,Block 33, as shown on the plat entitled "Redivision of Block#33 VA BEACH,VA. Made for: Fuel-Feed& Bldg Supplies Corp.", dated December 22, 1954, made by W. B. Gallup, and attached to the deed recorded in the Clerk's Office in Deed Book 390, at page 438. TOGETHER WITH all rights,title and interest of the City in and to the right-of-way located between Pacific Avenue and Arctic Avenue, adjacent to the northern boundary of said Block 33, and known as 19a'Street,including that portion of 19th Street designated and described as "RIGHT-OF-WAY TO BE ESTABLISHED AREA=200 SQ. FT. OR 0.005 ACRE", as shown on that certain plat entitled "PLAT SHOWING RIGHT-OF-WAY TO BE ESTABLISHED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FOR 19TH STREET CORRIDOR IMPROVEMENTS CIP 9-069 VIRGINIA BEACH, VIRGINIA", Scale: 1"=20', dated July 29, 2007, prepared by Rouse-Siring Associates, Ltd, and recorded in the Clerk's Office as Instrument No. 20080611000691090. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property, EXCEPT the right-of-way known as 19th Street, specifically included above. IT BEING a part of the same property conveyed to the City of Virginia Beach as follows: 1) Deed from Edwin C. Kellam, Special Commissioner, dated August 18, 1971, and recorded in the Clerk's Office, in Deed Book 1236, at page 103. A-5 2) Deed from First & Merchants National Bank, Trustee under the Will of Frank D. Tarrall, Jr., and Edwin C. Kellam, Executor of the Estate of Frank D. Tarrall,Jr.,dated October 21, 1971, and recorded in the Clerk's Office in Deed Book 1247, at page 479. 3) Deed from Virginia Electric and Power Company, a Virginia corporation, dated February 26, 1968, and recorded in the Clerk's Office in Deed Book 1046, at page 345. 4) Deed from Fuel, Feed Plaza Home Center,Inc.,dated December 27, 1979,and recorded in the Clerk's Office,in Deed Book 1979,at page 566. 5) Deed from Carolina Coach Company, a Virginia corporation, dated January 7, 1980, and recorded in the Clerk's Office in Deed Book 1978, at page 599. A-6 T-g ZO8t-LO-LZiZ SZ9S-LO-LZiZ LSLt-LO-LM i69t-LO-LZt'Z £8817-LO-LZI'Z S179t7-LO-LZtZ L£LS-LO-LZtiZ LISI-LO-LZiZ £98S-LO-LZtiZ 099£-LO-LZiZ 0669-LO-LZfZ 9£S£-LO-LZtZ 8089-LO-LZVZ 699£-LO-LZt'Z LOLL-LO-LZtZ T IL£-LO-LZi I I9Z-LI-LZtZ SOL£-LO-LZtiZ 91S0-LI-LZiZ 068Z-LO-LZtZ t'ZS6-LO-LZiZ L9L£-LO-LZi" £S80-L I-LZi'Z (SATIdO) S2Ialmum dYVI XV,L AR S'ID IVd AO ISI'I 9.LIliHX I EXHIBIT C MAP OF CDA DISTRICT CI ! r , -, ier��T M..1 * il ..---'— Ot 437 CI 1Mt tGt IOW 417 t}: • 7$41 al Wfa-' 7 1Mi t!1 a' t, A , }Ma 1. 411 nw CIS W. 1/0O -. 7r7 7 1417 41! " itlwtaw Prima tot �Q t71f - sat.w* NtN61 till WV* .r 1M 7 -- s ttt44 tIM Mt at 1,11t7 415 1a3 1111 Kt i I177444 i ��. N /t!1 1tOtN 11.14 a.rtt He rota 1s:1 �' 11A'! IN. UN NrC 7 rtx 4r{m 116 a' a, g 1111114 P 11440 teat NO 401'4% R!5 /MN M'.N1 r t7T1s , 11M 1ta ` jai 1 IN Q O City of Virginia beach I,MeD doh O t7Ven5tre00.Kg C-1 I-CI •aoeds Sanded led 00'000`0E$ paaoxa of iou isoo (mmmgaid a quit (uuauiaai 1u2uidopA iJ alp ui paquosap Aiieinogisd wow se) sods Supped v9y1 Siaietuixoaddd Suisudtuoo sican Sugiied oiignd °Au �IR,L�f12I.LS�'2L3I�II aaSOd011d 3O ItIOI.LdRIOS3 I a 11131HX3 EXHIBIT A Initial CDA District Boundaries WI 414 W 40 V 4 t U 4,41 04 04 i;310 ,„,Vel • et sx i 0. N ggii 1 02 a,,Me VI as each WM a,, 0400"' `t 111•7 I. an , fon . OW IC* 1 i .01 P Ic: INS 44 4 . WO Is. WOW., Owing 101 We It4 at?-. 1111/ k Mime I 11;-'4' W I ft i I WW444 ISO Mil flenk 41114 *no ‘ / MO arr,- '' r tO 11 - ....- • lei . • . , set ION . Ks me— . - . ' , ., me ,. 1 upt,. •:.. 44 e 4 °I 414•42 WO in ISM Ir/k e CA IC HI .‘ W I • I it.. 40..... • WU 3 . .4 II .1 ,. t.. It. 'It. 00 IIE4C Is, OM :. OS'Ill it' T. 094 41 ea is/++0 g . 944 441 t: _. '4M NEM ., fp City Of yIrg INA ach j Map dattLO OpmngreettapP Tax Mai) Parcel Numbers (GPINs) 2427-17-0853 2427-07-3767 2427-07-9524 2427-07-2890 2427-17-0516 2427-07-3705 2427-17-2611 2427-07-3711 2427-07-7707 2427-07-3669 2427-07-6808 2427-07-3536 2427-07-6990 2427-07-3660 2427-07-5863 2427-07-4517 2427-07-5737 2427-07-4645 2427-07-4883 2427-07-4691 2427-07-4757 2427-07-5625 2427-07-4802 53 ITEM—IX.J.4a ORDINANCES/RESOLUTIONS ITEM#71977 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE Project Agreements with the Virginia Department of Transportation (VDOT): a. #100383 Shore Drive Corridor Improvements Phase IV Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100383 "SHORE DRIVE 3 CORRIDOR IMPROVEMENTS PHASE IV" AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE A 5 PROJECT AGREEMENT WITH THE VIRGINIA 6 DEPARTMENT OF TRANSPORTATION IN FURTHERANCE 7 THEREOF 8 9 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 10 Revenue Sharing Program funding from the Virginia Department of Transportation to 11 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 12 for immediately needed improvements or to supplement funds for existing projects on the 13 highway system in a given locality; 14 15 WHEREAS, the 2021 application cycle will provide funds from the Commonwealth 16 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 17 18 WHEREAS, the Revenue Sharing Program operates on a dollar-for-dollar 19 matching basis, whereby every dollar received from the Commonwealth must be matched 20 by a dollar in local funds; and 21 22 WHEREAS, the City of Virginia Beach desires an allocation of $7 million in 23 Revenue Sharing funds for construction and potentially for utilities adjustments and site 24 acquisition in the 2021 application cycle for Project # 100383, "Shore Drive Corridor 25 Improvements Phase IV." 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 1 . The City Council supports the application for Project# 100383, "Shore Drive 31 Corridor Improvements Phase IV," to the Virginia Department of Transportation Revenue 32 Sharing Program. 33 34 2. The City Council hereby commits to fund the City's local share of preliminary 35 engineering, right-of-way, and construction, as applicable, of Project # 100383, "Shore 36 Drive Corridor Improvements Phase IV," under agreement with the Virginia Department 37 of Transportation, in accordance with the project's financial document. 38 39 3. The City Manager and/or his designee is hereby authorized to execute all 40 agreements and/or addenda for approved projects with the Virginia Department of 41 Transportation. 42 43 4. The authorization provided by this resolution extends to the corresponding 44 name and UPC numbers for the project listed supra as such project is named or 45 designated by the Commonwealth on the Virginia Department of Transportation's Six- 46 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of September , 2021. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci n y s Office GA15521 R-1 August 26, 2021 N I W —��--- E SITE :- a S i `Z 'owI w...11140 W Chesapeake Bay Z rim%Am � VIRGINIA: ;ail: �EFP� ERSON in BLVD III 10 Av Rq ')Ry" �r 1hI1111t1 4 PIIO4 ilz60, >-� rA ? l�s 1111111►/%/��� :n:r !V. 4#%.°14V, ° fit 0111117 it* tibatitill ti:ALI ------ , .11.".--4;44111k0 tyiib' Silltie,.., /1 .- • °k,Nisks,V ori _-1. II aleik►�1rir/ver SHORE DR ------- , VI ���� rI� �I , Lynnhaven ior t111U11111h ���;�F ST 111 % .4 ix f � Inlet -,1A,) ,(i.---- 6.--, / 0 RI., ,•11.0111 a _ , ,<Ik vi tp. ' ., so Ty' , 7 c a.� / c O0 4 1 a�®V '0 tior , _, ,..,,,, 6 ,, . '---A,. ,,,-- J ___, r '-''-) 9 cb, ,,_ 0. ,,,,,,cg) 1_ , (Jo) - , lip , A.,„. ' , 1 :,.J ca R VIVIIIIIIII/Fier ,___J ill\s 10% ----1-1-1-W 11,111i Ififk- lir .:7 ) (" %lam���10w4`4is LOCATION MAP `'►V4.11. �40 �s*;*°� � SHORE DRIVE CORRIDOR 441 °�� IMPROVEMENTS PHASE IV \, \ 4�\\�- / - CIP # 100383 Prepared by P.W./Eng./Eng.Support Services Bureau 08/17/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\Shore Drive Phase IV 54 ITEM—IX.J.4b ORDINANCES/RESOLUTIONS ITEM#71978 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE Project Agreements with the Virginia Department of Transportation (VDOT): b. #100160 Elbow Road Extended Phase II-D Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100160, "ELBOW ROAD 3 EXTENDED PHASE II-D," AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 9 Revenue Sharing Program funding from the Virginia Department of Transportation to 10 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 11 for immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2021 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar-for-dollar 18 matching basis, whereby every dollar received from the Commonwealth must be matched 19 by a dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach desires an allocation of $2 million in 22 Revenue Sharing funds for construction in the 2021 application cycle for Project # 23 100160, "Elbow Road Extended Phase II-D." 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 1. The City Council supports the application for Project# 100160, "Elbow Road 29 Extended Phase II-D," to the Virginia Department of Transportation Revenue Sharing 30 Program. 31 32 2. The City Council hereby commits to fund the City's local share of preliminary 33 engineering, right-of-way, and construction, as applicable, of Project # 100160, "Elbow 34 Road Extended Phase ll-D," under agreement with the Virginia Department of 35 Transportation, in accordance with the project's financial document. 36 37 3. The City Manager and/or his designee is hereby authorized to execute all 38 agreements and/or addenda for approved projects with the Virginia Department of 39 Transportation. 40 41 4. The authorization provided by this resolution extends to the corresponding 42 name and UPC numbers for the project listed supra as such project is named or 43 designated by the Commonwealth on the Virginia Department of Transportation's Six- 44 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of September , 2021. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: < (r—'1 Budget and Management Services Ci m Office CA15522 R-1 August 26, 2021 • �� ,- r ► Ir��. tam jig ,Y� tt- — 4144m 440 `♦ EN`N•A e s 7wIfr iA 'SITE ♦ � 4 tav -------, p. Dq/y1* , i l� / �' ,. ♦:.-..r.„-;,- _ . ..,_ i.' 11 , Oro err E-4-"- N 1, itiiI 1� IWMilliMggi011(- liWt O_ , -R: `_i w 4% 4a�I' �� , 1111111111111.4112 softualla N'�I sTiLLWOO ;ram 0,0!�114�\/ ♦ • U 04:7 iti1,111111111 _-_- _-,_ -wc- )4400,__04 lik . / 1. SRO ataallivisiiMiwe,Aft.-- 4 ' p4-11,04;%.. , bt, �� .., •.. ,•��..".4,foirp,�4 cvp fir► ��`�� II� ._.44.1.41 is ra \\ � �I � I� 4.4 � � s� �P �r � 4 � 4 ; �� Atilial• 4 1116'\ ,,,,, 4, 4 4., ' - :12:41T r''. ,\ .."-iii. ce,co 0!#46%.- # -;- ** -6-1r-------AIN Sidi,\ 411,_:‘' *:., , ,4 .z:,,:.;', %. ,' e \ ‘ \ PIO cp at , a ,1111 : Qom: .. ill LIN I / .. ,,.g. 9745.11g, \*L f . c.) ...., ., LOCATION MAP ��'� ELB W II-D•74111 _ O ROAD PHASE ec • CIP # 100160 Feet t J o 500 1,000 2,000 Prepared by P.W./Eng./Eng.Support Services Bureau 08/17/21 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Road Phase II-D 55 ITEM—IX.J.4c ORDINANCES/RESOLUTIONS ITEM#71979 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE Project Agreements with the Virginia Department of Transportation (VDOT): c. #100548 Pungo Ferry Road Improvements Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT# 100548, "PUNGO FERRY 3 ROAD IMPROVEMENTS," AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 9 Revenue Sharing Program funding from the Virginia Department of Transportation to 10 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 11 for immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2021 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar-for-dollar 18 matching basis, whereby every dollar received from the Commonwealth must be matched 19 by a dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach desires an allocation of $500,000 in 22 Revenue Sharing funds for construction in the 2021 application cycle for Project # 23 100548, "Pungo Ferry Road Improvements." 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 1. The City Council supports the application for Project # 100548, "Pungo 29 Ferry Road Improvements," to the Virginia Department of Transportation Revenue 30 Sharing Program. 31 32 2. The City Council hereby commits to fund the City's local share of preliminary 33 engineering, right-of-way, and construction, as applicable, of Project # 100548, "Pungo 34 Ferry Road Improvements," under agreement with the Virginia Department of 35 Transportation, in accordance with the project's financial document. 36 37 3. The City Manager and/or his designee is hereby authorized to execute all 38 agreements and/or addenda for approved projects with the Virginia Department of 39 Transportation. 40 41 4. The authorization provided by this resolution extends to the corresponding 42 name and UPC numbers for the project listed supra as such project is named or 43 designated by the Commonwealth on the Virginia Department of Transportation's Six- 44 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of September , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY dr. iivrat_p Budget and Management Services A y' Office CA15523 R-1 August 26, 2021 .v lip ,,w _ _ E S TE m Nr 0 S D Z D m 23 , t L r� J 111111 Sill s, D. Si �A MIMI iii _IA — RRY= -10. PUNGO FERD= injohli....._ ingir. . 'N . Al N.-. 5\1: 1444w, Ak ir-o IR 11, ` J lik .' i)03 o�0 z' LOCATION MAP IAPUNGO FERRY ROAD IMPROVEMENTS CIP # 100548 Q Feet 0 750 1,500 3,000 56 ITEM—IX.J.4d ORDINANCES/RESOLUTIONS ITEM#71980 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Revenue Sharing projects and AUTHORIZE the City Manager to EXECUTE Project Agreements with the Virginia Department of Transportation (VDOT): d. #100278 Nimmo Parkway Phase VII-B Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 A RESOLUTION TO AFFIRM THE CITY SUPPORT OF 2 REVENUE SHARING PROJECT # 100278, "NIMMO 3 PARKWAY PHASE VII-B," AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE A PROJECT AGREEMENT WITH 5 THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN 6 FURTHERANCE THEREOF 7 8 WHEREAS, § 33.2-357 of the Code of Virginia provides for the distribution of 9 Revenue Sharing Program funding from the Virginia Department of Transportation to 10 localities in the Commonwealth of Virginia primarily for the purposes of providing funds 11 for immediately needed improvements or to supplement funds for existing projects on the 12 highway system in a given locality; 13 14 WHEREAS, the 2021 application cycle will provide funds from the Commonwealth 15 in Fiscal Years 2026-27 and in Fiscal Year 2027-28; 16 17 WHEREAS, the Revenue Sharing Program operates on a dollar-for-dollar 18 matching basis, whereby every dollar received from the Commonwealth must be matched 19 by a dollar in local funds; and 20 21 WHEREAS, the City of Virginia Beach desires an allocation of $500,000 in 22 Revenue Sharing funds for construction in the 2021 application cycle for Project # 23 100278, "Nimmo Parkway Phase VII-B." 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 1. The City Council supports the application for Project # 100278, "Nimmo 29 Parkway Phase VII-B," to the Virginia Department of Transportation Revenue Sharing 30 Program. 31 32 2. The City Council of the City of Virginia Beach hereby commits to fund the 33 City's local share of preliminary engineering, right-of-way, and construction, as applicable, 34 of Project # 100278, "Nimmo Parkway Phase VII-B," under agreement with the Virginia 35 Department of Transportation, in accordance with the project's financial document. 36 37 3. The City Manager and/or his designee is hereby authorized to execute all 38 agreements and/or addenda for approved projects with the Virginia Department of 39 Transportation. 40 41 4. The authorization provided by this resolution extends to the corresponding 42 name and UPC numbers for the project listed supra as such project is named or 43 designated by the Commonwealth on the Virginia Department of Transportation's Six- 44 Year Improvement Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of September , 2021. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY 14 -> B'udget and Management Services C' me ' Office CA15524 R-1 August 23, 2021 ,....i..... ... FArilli q a ■ ill r, 8 4,v TN 1 IV 7' ' m _ a 44, N-eR`'c'o SITE m z A mia AV V,,..4 o©• `�2/q. ' , m� • CI A D �cel�c�r$Vt�A�g� C� � o%itryA W41.7 Vit%%SWOP 4 ..'09)%44 :NAM o`�4(4 P4CP �ti P it'VI Mo pk �dV,Vg4�1'4 pC% d J�� 4 O v�wy Gj '© :�R/Zy444c'" C©o�til %o���OQ� ' � cm. ,10- ,,,t, .16,-OCONIRCItl4frtt GA Q� 1. ,; 4 , �Gc�Arg '� �� e�44;10LvG � GT� 4'' 0 t:/',474` N ktd."0 Iiik>';44/4: ilik_ rs, 4 u etrr,pig.* Witill �,.�' ►fink®mac` o,©GAP"�4,c;�,�I a . `- •I 94tp"ivikt,„..c,20,44.44.,io ., ,rit ',/ % 114_I*—---s,.-44- y a a. obi, PP<I�°OOFS` to � v1 ► ®e� 4 � F` ®fs� mO� io Aimer 0 li . �� AAA , ME= LOCATION MAP 0 •. % p �G� a Nimmo Parkway - PhaseVll-B CIP # 100278 Feet villirliiiiitise%„ :D:V 0 600 1,200 2,400 57 ITEM—IX.J.5 ORDINANCES/RESOLUTIONS ITEM#71981 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT the City's 2021 Applications for the Virginia Department of Transportation (VDOT) Transportation Alternatives Set-Aside Program for FY2022-23 and FY2023-24 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 A RESOLUTION TO SUPPORT THE CITY'S 2021 2 APPLICATIONS FOR THE VIRGINIA TRANSPORTATION 3 ALTERNATIVES SET-ASIDE PROGRAM FOR FY 2022- 4 2023 AND FY 2023-2024 5 6 WHEREAS, the City of Virginia Beach is an eligible sponsor to submit 7 applications through the Virginia Department of Transportation for funding from the 8 Transportation Alternatives Set-Aside; 9 10 WHEREAS, the City has identified four high-priority projects as candidates for 11 this funding; and 12 13 WHEREAS, appropriated funds are available to meet the submitted local match 14 for each City financed project and Preservation Virginia has committed to provide the 15 local match for its requested project; and 16 17 WHEREAS, the total federal funds requested through this application is 18 $3,162,041. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 1. The City of Virginia Beach City Council hereby supports Transportation 24 Alternatives Set-Aside applications for the following projects: 25 a. Cape Henry Lighthouse Masonry Restoration 26 b. Independence Boulevard / Baxter Road Intersection Pedestrian 27 Improvements 28 c. Seaboard Road Sidewalk; and 29 d. Woodstock Road Sidewalk. 30 31 2. Should any project in this resolution be awarded funding, the City hereby 32 commits to fund the local share, or in the case of Cape Henry Lighthouse to seek 33 contribution from Preservation Virginia for such share, of preliminary engineering, right- 34 of-way, and construction, as applicable, of the projects that shall come under agreement 35 with the Virginia Department of Transportation in accordance with the project financial 36 documents. 37 38 3. The City Manager and/or his designee is hereby authorized to execute all 39 agreements and/or addenda for approved projects with the Virginia Department of 40 Transportation. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of September , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY' Vt'` \. fir& I Budget and v anagement Services C' e ' Office CA15525 R-1 August 26, 2021 58 ITEM—IX.J.6 ORDINANCES/RESOLUTIONS ITEM#71982 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia re mental health, developmental and substance use disorder services Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 A RESOLUTION APPROVING A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDER 4 SERVICES 5 6 WHEREAS, the Virginia Department of Behavioral Health and Developmental 7 Services(DBHDS)provides funding for mental health,developmental,and substance use 8 disorder services through a performance contract with local community services boards; 9 10 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 11 Virginia mandated minimum local match share for these services; and 12 13 WHEREAS, the Virginia Beach Community Service Board, at its August 19, 2021 14 meeting, approved the FY 2022 Performance Contract between the Virginia Beach 15 Community Service Board and Commonwealth of Virginia; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Council of Virginia Beach hereby approves the Fiscal Year 2022 21 Performance Contract with the Commonwealth of Virginia,a summary of which is attached 22 as Exhibit A, for a period concluding June 30, 2022. 23 Adopted by the Council of the City of Virginia Beach,Virginia on the 7 t h day of_September , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /l J" Budget and Management Services or 's ffice CA15520 R-1 August 26, 2021 FY2022 And FY2023 Community Services Performance Contract FY 2022 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget (Pages AF-3 through AF-12) Funding Sources Mental Health Developmental Substance TOTAL (MH) Services (DV) Services Use Disorder (SUD) Services State Funds 9,658,130 857,558I 2,458,356 12,974,044 I Local Matching Funds 10,836,849 9,263,375, 1,093,904 21,194,128 Total Fees 4,132,386 19,126,716 602,873 23,861,975 i Transfer Fees In/(Out) 0 0 0 0 Federal Funds 315,522 0 1,730,010 2,045,532 i Other Funds 2,391,073 323,750 672,189 3,386,992 l State Retained Earnings 405,478 0 0 405,478 Federal Retained Earnings 0 0 0 Other Retained Earnings 0 0 0 0 Subtotal Ongoing Funds 27,739,438 29,571,399 6,557,312 63,858,149 State Funds One-Time 0 0 0 0' Federal Funds One-Time 0 0 0 Subtotal One-Time Funds 0 0 0 0 TOTAL ALL FUNDS 27,739,438 29,571,399 6,557,312 63,868,149 Cost forMH/DV/SUD Services 26,204,131 29,351,414 3,510,106 59,065,6811 L Cost for Emergency Services (AP-4) 4,702,754 Cost for Ancillary Services (AP-4) 715,824 Total Cost for Services 64,484,229 Local Match Computation CSB Administrative Percentage Total State Funds 12,974,044 Administrative Expenses 7,652,594 Total Local Matching Funds 21,194,128 Total Cost for Services 64,484,229 Total State and Local Funds 34,168,172 Admin /Total Expenses 11.87% Total Local Match % 62.03% (Local /Total State + Local) Report Date 8/19/2021 AF-1 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 3,666,879 MH Fees:Other 465,507 Total MH Fees 4,132,386 MH Transfer Fees In/(Out) 0 MH Net Fees 4,132,386 FEDERAL FUNDS MU FBG SED Child&Adolescent(93.958) 225,019 MH FBG Young Adult SMI(93.958) 0 MH FBG Crisis Services(93.958) 0 MU FBG SMI(93.958) 16,650 MH FBG SMI PACT(93.958) 0 MH FBG SMI SWVBH Board (93.958) 0 Total MH FBG SMI Funds 16,650 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 16,650 MH Federal PATH(93.150) 26,448 MH Federal COVID Emergency Grant(93.665) MH Other Federal-DBHDS 0 MH Other Federal-COVID Support MH Other Federal-CSB 47,405 Total MH Federal Funds 315,522 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 Total Net MH Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 29,672 Total Net MH Regional DAP-Restricted 29,672 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 794,934 Total Net MH Crisis Stabilization•Restricted 794,934 MH Transfers from DBHDS Facilities(Fiscal Agent) 0 MH Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net MH Transfers from DBHDS Facilities 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 302,709 Total Net MH Expanded Community Capacity 302,709 AF-3 Report Date 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Out) 0 Total Net MH First Aid and Suicide Prevention 0 MH STEP-VA Outpatient(Fiscal Agent) 608,975 MH STEP-VA Outpatient Transfer In/(Out) 12,500 Total Net MH STEP-VA Outpatient 621,475 MH STEP-VA Crisis(Fiscal Agent) 0 MH STEP-VA Crisis Transfer In/(Out) 0 Total Net MH STEP-VA Crisis 0 MH STEP-VA Clinician's Crisis Dispatch(Fiscal Agent) 0 MH STEP-VA Clinician's Crisis Dispatch Transfer In/(Out) 0 Total Net MN STEP-VA Clinician's Crisis Dispatch 0 MH STEP-VA Peer Support(Fiscal Agent) 142,482 MN STEP-VA Peer Support Transfer In/(Out) 0 Total Net MH STEP-VA Peer Support 142,482 MH STEP-VA Veteran's Services(Fiscal Agent) 102,108 MH STEP-VA Veteran's Services Transfer In/(Out) 0 MH STEP-VA Veteran's Services 102,108 MH Forensic Discharge Planning(Fiscal Agent) 0 MH Forensic Discharge Planning Transfer In/(Out) 0 Total Net MH Forensic Discharge Planning 0 MH Permanent Supportive Housing(Fiscal Agent) 917,168 MH Permanent Supportive Housing Transfer In/(Out) 0 Total Net MH Permanent Supportive Housing 917,168 MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH State Regional Deaf Services(Fiscal Agent) 0 MH Total Regional Transfer In/(Out) 0 Total Net MH Unrestricted Regional State Funds 1,468,833 Total Net MH Regional State Funds 4,379,381 Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient Services 75,000 MN Juvenile Detention 111,724 Total MH Restricted Children's Funds 525,385 MH State Children's Services 25,000 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 25,000 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry Transfer In/(Out) 169,369 Total Net MH Restricted Crisis Response&Child Psychiatry 169,369 Total State MH Children's Funds(Restricted for Childrenl 719,754 AF-4 Report Dote 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds MH Law Reform 397,790 MH Pharmacy-Medication Supports 29,949 MH Jail Diversion Services 241,670 MH Rural Jail Diversion 0 MH Docket Pilot JMHCP Match 0 MH Adult Outpatient Competency Restoration Services 0 MH CIT-Assessment Sites 348,668 MH Expand Telepsychiatry Capacity 0 MH PACT 850,000 MH PACT-Forensic Enhancement 200,000 MH Gero-Psychiatric Services 0 MH STEP-VA-SDA,Primary Care Screening and Ancillary Services 467,129 MH Young Adult SMI 0 Total M H Restricted Other State Funds 2,535,206 MH State Funds 2,023,789 MH State NGRI Funds 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 2,023,789 Total MH Other State Funds 4,558,995 Total MH State Funds 9,658,130 OTHER FUNDS MH Other Funds 2,391,073 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings-Regional Programs 405,478 MH Other Retained Earnings 0 Total MH Other Funds 2,796,551 LOCAL MATCHING FUNDS MH Local Government Appropriations 10,836,849 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 10,836,849 Total MH Funds 27,739,438 MH ONE-TIME FUNDS MH FBG SMI(93,958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH One-Time State Funds 0 MH One-Time Restricted State Funds 0 Total One-Time MH Funds 0 Total MH All Funds 27,739,438 AF-5 Report Date 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid DD Waiver Fees 6,735,511 DV Other Medicaid Fees 0 DV Medicaid ICF/IDD Fees 11,810,172 DV Fees:Other 581,033 Total DV Fees 19,126,716 DV Transfer Fees In/(Out) 0 DV Net Fees 19,126,716 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-COVID Support 0 DV Other Federal-CSB 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 857,558 DV OBRA Funds 0 Total DV Unrestricted State Funds 857,558 DV Trust Fund(Restricted) 0 DV Rental Subsidies 0 DV Guardianship Funding 0 DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization Transfer In/(Out) 0 Total Net DV Crisis Stabilization 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children Transfer In/(Out) 0 Total Net DV Crisis Stabilization-Children 0 DV Transfers from DBHDS Facilities(Fiscal Agent) 0 DV Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net DV Transfers from DBHDS Facilities 0 Total DV Restricted State Funds 0 Total DV State Funds 857,558 Report Dote 8/19/2021 AF-6 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds OTHER FUNDS DV Workshop Sales 0 DV Other Funds 323,750 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 323,750 LOCAL MATCHING FUNDS DV Local Government Appropriations 9,259,931 DV Philanthropic Cash Contributions 3,444 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 9,263,375 Total DV Funds 29,571,399 DV ONE-TIME FUNDS DV One-lime State Funds 0 DV One-Time Restricted State Funds 0 Total One-Time DV Funds 0 Total DV All Funds 29,571,399 Report Date 8/19/2021 AF-7 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 601,416 SUD Fees:Other 1,457 Total SUD Fees 602,873 SUD Transfer Fees In/(Out) 0 Sud Net Fees 602,873 FEDERAL FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 985,968 SUD FBG SARPOS(93.959) 65,231 SUD FBG Jail Services (93.959) 165,147 SUD FBG Co-Occurring(93.959) 34,574 SUD FBG New Directions(93.959) 0 SUD FBG Recovery(93.959) 0 SUD FBG MAT-Medically Assisted Treatment(93.959) 0 Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 Total SUD FBG Women Funds 187,279 SUD FBG Prevention(93.959) 279,020 SUD FBG Prev-Family Wellness(93.959) 0 Total SUD FBG Prevention Funds 279,020 SUD Federal COVID Emergency Grant(93.665) 0 SUD Federal YSAT—Implementation(93.243) 0 SUD Federal Opioid Response—Recovery(93.788) 0 SUD Federal Opioid Response—Treatment(93.788) 0 SUD Federal Opioid Response—Prevention(93.788) 0 Total SUD Federal Opioid Response Funds(93.788) 0 SUD Other Federal-DBHDS 0 SUD Other Federal-COVID Support 0 SUD Other Federal-CSB 12,791 Total SUD Federal Funds 1,730,010 AF-8 Report Date 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds STATE FUNDS Regional Funds SUD Facility Reinvestment(Fiscal Agent) 0 SUD Facility Reinvestment Transfer In/(Out) 476,036 Total Net SUD Facility Reinvestment 476,036 SUD Transfers from DBHDS Facilities(Fiscal Agent) 0 SUD Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net SUD Transfers from DBHDS Facilities 0 SUD Community Detoxification(Fiscal Agent) 0 SUD Community Detoxification—Transfer In/(Out) 0 Total Net SUD Community Detoxification 0 SUD STEP-VA(Fiscal Agent) 0 SUD STEP-VA -Transfer In/(Out) 0 Total Net SUD STEP-VA-Restricted 0 Total Net SUD Regional State Funds 476,036 Other State Funds SUD Women(includes LINK at 4 CSBs)(Restricted) 1,800 SUD MAT-Medically Assisted Treatment 130,000 SUD Permanent Supportive Housing Women 0 SUD SARPOS 76,097 SUD Recovery 0 Total SUD Restricted Other State Funds 207,897 SUD State Funds 1,513,420 SUD Region V Residential 131,215 SUD Jail Services/Juvenile Detention 27,216 SUD HIV/AIDS 102,572 Total SUD Unrestricted Other State Funds 1,774,423 Total SUD Other State Funds 1,982,320 Total SUD State Funds 2,458,356 OTHER FUNDS SUD Other Funds 672,169 SUD Federal Retained Earnings 0 SUD State Retained Earnings 0 SUD State Retained Earnings-Regional Programs 0 SUD Other Retained Earnings 0 Total SUD Other Funds 672,169 LOCAL MATCHING FUNDS SUD Local Government Appropriations 1,093,904 SUD Philanthropic Cash Contributions 0 AF-9 Report Date 8/19/2021 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SUD Local Matching Funds 1,093,904 Total SUD Funds 6,557,312 SUD ONE-TIME FUNDS SUD FBG Alcohol/Drug Treatment (93.959) 0 SUD FBG Women(includes LINK-6 CSBs)(93.959) 0 SUD FBG Prevention(93.959) 0 SUD FBG Recovery(93.959) 0 SUD One-Time State Funds 0 SUD One-lime Restricted State Funds 0 Total SUD One-Time Funds 0 Total All SUD Funds 6,557,312 Report Date 8/19/2021 AF-10 FY2022 And FY2023 Community Services Performance Contract FY 2022 Exhibit A: Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 21,190,684 Total Local Government Tax Funds: 21,190,684 Report Date 8/19/2021 AF-11 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Resources and Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SUD Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 27,739,438 29,571,399 6,557,312 63,868,149 Cost for MH,DV,SUD, 26,204,131 29,351,414 3,510,106 4,702,754 715,824 64,484,229 Emergency,and Ancillary Services Difference 1,535,307 219,985 3,047,206 -4,702,754 -715,824 -616,080 Difference results from Other: 616,080 Explanation of Other in Table Above: DAP to be paid on behalf of VBCSB by WTCSB Report Date 8/19/2021 AF-12 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 32.72 FTEs 2150 $4,901,272 312 Medical Services 22.88 FTEs 2580 $3,875,305 350 Assertive Community Treatment 12.75 FTEs 100 $1,905,074 320 Case Management Services 57.13 FTEs 1455 $6,443,002 410 Day Treatment or Partial Hospitalization 6 Slots 18 $156,650 425 Mental Health Rehabilitation 41 Slots 80 $1,616,366 460 Individual Supported Employment 3.75 FTEs 37 $385,595 510 Residential Crisis Stabilization Services 8 Beds 320 $2,873,671 521 Intensive Residential Services 4 Beds 4 $240,000 551 Supervised Residential Services 32 Beds 40 $939,968 581 Supportive Residential Services 13.63 FTEs 145 $2,836,466 610 Prevention Services 0.2 FTEs $30,762 i Totals 6,929 $26,204,131 Report Date 8/19/2021 AP-1 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 320 Case Management Services 30.22 FTEs 965 $3,868,550 i j 425 Developmental Habilitation 43 Slots 86 $3,984,154 465 Group Supported Employment 10 Slots 38 $709,261 460 Individual Supported Employment 11.2 FTEs 175 $898,613 501 Highly Intensive Residential Services(Community-Based ICFIID Services) 42 Beds 42 $13,221,134 521 Intensive Residential Services 25 Beds 25 $3,416,884 551 Supervised Residential Services 7 Beds 7 $593,633 581 Supportive Residential Services 36.06 FTEs 55 $2,659,185 Totals 1,393 $29,351,414 Report Date 8/19/2021 AP-2 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services CSB 300 Substance Use Disorder Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 5.55 FTEs 300 $761,010 335 Medication Assisted Treatment Services 0.75 FTEs 150 $925,774 320 Case Management Services 1.88 FTEs 60 $187,868 410 Day Treatment or Partial Hospitalization 4 Slots 12 $90,245 501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 2 Beds 105 $642,479 521 Intensive Residential Services 2 Beds 16 $65,231 610 Prevention Services 5.8 FTEs $837,499 Totals 643 $3,510,106 Report Date 8/19/2021 AP-3 FY2022 And FY2023 Community Services Performance Contract FY2022 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 100 Emergency Services 37.58 FTEs 3175 $4,702,754 318 Motivational Treatment Services 0.25 FTEs 27 $42,568 390 Consumer Monitoring Services 3.58 FTEs 279 $432,808 720 Assessment and Evaluation Services 2.2 FTEs 405 $240,448 Totals 3,886 $5,418,578 Report Date 8/19/2021 AP-4 FY2022 And FY2023 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY 2022 Table 2a: FY 2022 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $155,002.00 $155,002.00 $155,002.00 0.00 Table 2: Integrated Behavioral and Primary Health Care Questions 1. Is the CSB participating in a partnership with a federally qualified health center,free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2. If yes,who is the partner? U a federally qualified health center Name: Ell a free clinic Name: Ci a local health department,or Name: another organization Name: 3.Where is primary health (medical)care provided? D on-site in a CSB program, • on-site at the primary health care provider, or El another site--specify: 4.Where is behavioral health care provided? • on-site in a CSB program, • on-site at the primary health care provider,or J another site--specify: Report Date 8/19/2021 AP-5 59 ITEM—IX.J.7 ORDINANCES/RESOLUTIONS ITEM#71983 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE increased contributions to the Department of the Army re Rudee Inlet Maintenance Dredging Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 A RESOLUTION AUTHORIZING AN INCREASED 2 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 3 OF THE ARMY FOR RUDEE INLET MAINTENANCE 4 DREDGING 5 6 WHEREAS, in April 2021. the City Council authorized the execution of a 7 Memorandum of Agreement for the City to contribute funds for the dredging of the Rudee 8 Inlet federal channel and sand placement on the Croatan and Resort beaches with an 9 estimated City contribution of$1,250,000: 10 11 WHEREAS, the bids have been opened, and the required City contribution has 12 increased $350,000: and 13 14 WHEREAS, the additional $350,000 is available in Capital Project 100344, "Rudee 15 Inlet Federal Dredging — Phase II;" 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Council hereby agrees to increase the City's contribution for Rudee Inlet 21 Maintenance Dredging by $350,000, which, in addition to the $1,250,000 authorized by 22 the City Council in April 2021. makes the total City contribution approximately$1,600,000. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of September 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0-= Department of Public Works £� r y's Office CA15536 R-1 September 1, 2021 60 ITEM—IXJ.8a ORDINANCES/RESOLUTIONS ITEM#71984 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying conditions re closing an improved portion of right-of way adjacent to two(2)residential properties located on the South Side of 75`h Street and West of Atlantic Avenue a. 204A &204B 75`h Street and 202 75`h Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN IMPROVED 4 PORTION OF RIGHT-OF-WAY ADJACENT 5 TO 204A & 204B 75TH STREET AND 202 6 75TH STREET 7 8 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 9 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 10 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 11 1,170 sq. ft. of an improved portion of right-of-way adjacent to property located at 204A 12 & 204B 75th Street and 202 75th Street; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3639EE) to close the 15 aforesaid portion of right-of-way, subject to certain conditions being met on or before 16 September 14, 2021; and 17 18 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 19 satisfy the conditions to the aforesaid street closure action. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 22 Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 25 3639EE) adopted on September 15, 2020, upon application of James T. Cromwell, 26 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 27 September 14, 2023. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 30 of September , 2021. 31 32 No GPIN assigned (Right-of-Way) 33 Adjacent to GPINs: 2419-66-2825-0001, 2419-66-2825-0002 and 2419-66-2899 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: l_Utc��1 akI i City Attorney Planning Departm✓nt CA15397-1 vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 61 ITEM—IX.J.8b ORDINANCES/RESOLUTIONS ITEM#71985 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying conditions re closing an improved portion of right-of way adjacent to two (2)residential properties located on the South Side of 75`h Street and West of Atlantic Avenue b. 7406 Atlantic Avenue Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN IMPROVED 4 PORTION OF RIGHT-OF-WAY ADJACENT 5 TO 7406 ATLANTIC AVENUE 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 105 sq. ft. of an unimproved right-of-way adjacent to property located at 7406 Atlantic 11 Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639FF) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639FF) adopted on September 15, 2020, upon application of James T. Cromwell, 25 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 26 September 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 29 of September , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPIN: 2419-66-3824 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: .GIGtG� GZ12L, c►�J G Cityy PlanningDem n Attorney rt e CA15397-2 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 62 ITEM—IX.J.9a ORDINANCES/RESOLUTIONS ITEM#71986 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75`h and 76`h Streets and West of Atlantic Avenue: a. 217 75`h Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 217 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 375 sq. ft. of an unimproved right-of-way adjacent to property located at 217 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639E) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639E) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 28 of September , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPINs: 2419-56-8972 and 2419-56-9902 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: LIJICtet , l/l/ li 7i; Q City Attorney Planning D partmWnt CA15396-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 63 ITEM—IX.J.9b ORDINANCES/RESOLUTIONS ITEM#71987 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75th and 76th Streets and West of Atlantic Avenue: b. 21 5A &215B 75`h Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 215A AND 215B 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 215A and 215B 11 75th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639F) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639F) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 25 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 26 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 29 of September , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPINs: 2419-56-9954-0001 and 2419-56-9954-0002 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Luaa 4. aim.-/661,i City Attorney Planning Depa ment CA15396-2 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 64 ITEM—IX.J.9c ORDINANCES/RESOLUTIONS ITEM#71988 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75`"' and 76th Streets and West of Atlantic Avenue: c. 213 75zh Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 213 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 213 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639G) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639G) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 28 of SeptPmhPr , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-56-9993 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: I crrt < a/106 City Attorney Planning De rtme CA15396-3 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 65 ITEM—IX.J.9d ORDINANCES/RESOLUTIONS ITEM#71989 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75`h and 76`h Streets and West of Atlantic Avenue: d. 211 75`h Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 211 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 211 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639H) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639H) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7 t h day 28 of September , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-66-0933 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Lilt al, 14• t1a2'LI1474/ City Attorney Planning D artme t CA15396-4 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 66 ITEM—IX.J.9e ORDINANCES/RESOLUTIONS ITEM#71990 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75`h and 76`h Streets and West of Atlantic Avenue: e. 209 75th Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 209 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 209 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-36391) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 36391) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 28 of September , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-66-0975 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 11,I 1.,(6 Gthl it �-- City Attorney Planning epartmnt CA15396-5 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 67 ITEM—IX.J.9f ORDINANCES/RESOLUTIONS ITEM#71991 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75`h and 76th Streets and West of Atlantic Avenue: f 205 75th Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 205 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 205 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639J) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639J) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 28 of September , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-66-1927 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 2117v City Attorney Planning epart ent CA15396-6 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 68 ITEM—IX.J.9g ORDINANCES/RESOLUTIONS ITEM#71992 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75`" and 76th Streets and West of Atlantic Avenue: g. 203 75`"Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING PORTIONS OF UNIMPROVED 4 RIGHTS-OF-WAY ADJACENT TO 203 75TH STREET 5 6 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 7 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 8 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 9 1,763 total sq. ft. of unimproved rights-of-way adjacent to property located at 203 75th 10 Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639K) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639K) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 24 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 25 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 28 of September , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPINs: 2419-66-1978, 2419-67-2076, 2419-67-1078-1840, 2419-67-1078- 32 1850 and 2419-67-1047 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: lt't(L K . Cal%i tavu � City Attorney Planning De rtmer( CA15396-7 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 69 ITEM—IX.J.9h ORDINANCES/RESOLUTIONS ITEM#71993 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75t and 76th Streets and West of Atlantic Avenue: h. 218A &218B 76`h Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 218A AND 218B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 218A and 218B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639L) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639L) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 25 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 26 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 29 of September , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPINs: 2419-57-8032-0001 and 2419-57-8032-0002 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Lu a14 0-' 11414 o City Attorney Planning D artme1it CA15396-8 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 70 ITEM—IX.J.9i ORDINANCES/RESOLUTIONS ITEM#71994 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75th and 76`" Streets and West of Atlantic Avenue: i. 216A &216B 76`h Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 216A AND 216B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 300 sq. ft. of an unimproved right-of-way adjacent to property located at 216A and 216B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639M) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639M) adopted on September 15, 2020, upon application of James T. Cromwell, Esq., 25 Receiver for Shore Realty Corporation, a defunct corporation, is extended to September 26 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 29 of September , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPINs: 2419-57-8093-1216 and 2419-57-8093-2216 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: War- 4-, ovu City Attorney Planning D partrn4nt CA15396-9 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 71 ITEM—IX.J.j ORDINANCES/RESOLUTIONS ITEM#71995 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75th and 76`" Streets and West of Atlantic Avenue: j. 214 761"Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 214 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 214 76th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639AA) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639AA) adopted on September 15, 2020, upon application of James T. Cromwell, 24 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 25 September 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 28 of September , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-57-9052 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Lit(,1 g. Gfi1/tirmA) City Attorney Planning D artmeint CA15396-10 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 72 ITEM—IX.J.9k ORDINANCES/RESOLUTIONS ITEM#71996 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75th and 76`h Streets and West of Atlantic Avenue: k. 210 76th Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 210 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 325 sq. ft. of an unimproved right-of-way adjacent to property located at 210 76th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639BB) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; and 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 23 3639BB) adopted on September 15, 2020, upon application of James T. Cromwell, 24 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 25 September 14, 2023. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 28 of September , 2021. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2419-67-0003 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Lu aA . tal tiIu►-) j, bry City Attorney Planning D artmcnt CA15396-11 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 73 ITEM—IX.J.9l ORDINANCES/RESOLUTIONS ITEM#71997 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 75th and 76`h Streets and West of Atlantic Avenue: 1. 208A &208B 76h Street Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 208A AND 208B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 312 sq. ft. of an unimproved right-of-way adjacent to property located at 208A and 208B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639CC) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639CC) adopted on September 15, 2020, upon application of James T. Cromwell, 25 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 26 September 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 29 of September , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPIN: 2419-67-0055 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: uek- . 104, J City Attorney Planning D partm4nt CA15396-12 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpd ocs\d024\p035\00746979.doc R-1 August 26, 2021 74 ITEM—IX.J.9m ORDINANCES/RESOLUTIONS ITEM#71998 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to thirteen (13) residential properties located along 7.5 h and 76`h Streets and West of Atlantic Avenue: m. 7500 Atlantic Avenue Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 7500 ATLANTIC AVENUE 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 413 sq. ft. of an unimproved right-of-way adjacent to property located at 7500 Atlantic 11 Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639DD) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; and 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance (ORD- 24 3639DD) adopted on September 15, 2020, upon application of James T. Cromwell, 25 Esq., Receiver for Shore Realty Corporation, a defunct corporation, is extended to 26 September 14, 2023. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 29 of September , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPIN: 2419-66-2998 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning De artme CA15396-13 \\vbgov.com\dfs 1\a ppl ications\citylaw\cycom32\wpdocs\d024\p035\00746979.doc R-1 August 26, 2021 75 ITEM—IX.J.10 ORDINANCES/RESOLUTIONS ITEM#71999 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date to satisfy conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE FURTHER EXTENDING 2 THE DATE FOR SATISFYING THE 3 CONDITIONS IN THE MATTER OF 4 CLOSING A 10,645 SQUARE FOOT 5 PORTION OF RIGHT-OF-WAY KNOWN AS 6 LORD DUNMORE DRIVE 7 8 WHEREAS, on September 19, 2017, the Council of the City of Virginia Beach 9 acted upon the application of Princess Anne Real Estate Trust, a Virginia business trust 10 (the "Applicant"), for the closure of approximately 10,645 Sq. Ft. of an unimproved, 11 right-of-way known as Lord Dunmore Drive; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3519A) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 18, 2018; 16 17 WHEREAS, City Council adopted an Ordinance (ORD-3565D) to extend the 18 deadline to satisfy the conditions of the street closure to September 18, 2019; 19 20 WHEREAS, City Council adopted an Ordinance (ORD-3601 B) to extend the 21 deadline to satisfy the conditions of the street closure to September 17, 2021; 22 23 WHEREAS, on July 9, 2021, the Applicant requested an additional extension of 24 time to satisfy the conditions to the aforesaid street closure action; and 25 26 WHEREAS, staff recommends that an additional one (1) year extension be 27 approved. 28 29 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 30 Beach, Virginia: 31 32 That the date for meeting conditions of closure as stated in the Ordinance 33 adopted on September 18, 2018 (ORD-3519A), upon application of Princess Anne Real 34 Estate Trust, is extended to September 6, 2022. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7 t h day 37 of September , 2021. CA15391 NVngov.comldfs 11Applicatrons1CityLaw\Cyccm321W PDOCS1O0151P039 00738863.DOC R-1 July 15, 2021 APPROVED AS TO LEGAL APPROVED AS TO CONTENT. SUFFICIENCY: lLtua.a�ciw. ✓-, r3& City Attorney Planning D6partment No GPIN (Public Right-of-Way) (Adjacent GPINs: 1466-68-1966 and 1466-68-3940) 76 ITEM—IX.J.11 ORDINANCES/RESOLUTIONS ITEM#72000 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Lake Wesley located at the rear of 525 Virginia Dare Drive re construct and maintain an existing pier with a roof structure,boat lift and floating dock Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY-OWNED PROPERTY 6 KNOWN AS LAKE WESLEY, LOCATED AT 7 THE REAR OF 525 VIRGINIA DARE DRIVE 8 9 WHEREAS, Bartholomew Sinanis(the "Applicant") has requested permission 10 to construct and maintain a 6' x 92' pier with an 11' x 27' roof structure, a 6' x 48' boat lift, 11 and a 10.5' x 40.5' floating dock (the "Encroachments") into a portion of City-owned 12 property known as Lake Wesley(GPIN: 2427-20-6108), located at the rear of his property 13 at 525 Virginia Dare Drive (GPIN: 2427-30-0325); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, his heirs, assigns 24 and successors in title are authorized to retain and maintain the Encroachments in the 25 City's property known as Lake Wesley as shown on the map entitled: "'EXHIBIT A - 26 ENCROACHMENT REQUEST GAZEBO ROOF, PIER, MOORING PILES, BOAT LIFT 27 AND FLOATING DOCK FOR BARTHOLOMEW SINANIS LOT 28 RESUBDIVISION OF 28 PART OF CROATAN BEACH, PRINCESS ANNE COUNTY, VA M.B. 37, PG. 11," having 29 a Scale of 1" = 30', dated June 29, 2021, and prepared by Walter T. McKenna II, a copy of 30 which is attached hereto as Exhibit A, and on file in the Department of Public Works and to 31 which reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 34 to those terms, conditions and criteria contained in the agreement between the City of 35 Virginia Beach and the Applicant(the"Agreement"), an unexecuted copy of which has been 36 presented to the Council in its agenda, and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as the Applicant and the City Manager or his authorized designee execute the 44 Agreement. 45 i 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h 47 day of September , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL n IC C ND FORM: P BLNC O S, EAL ESTATE . HARMEYER SENIOR CITY ATTORNEY CA15386 R-1 Prepared: 07/20/2021 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d027\p041\00741274.doc 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this /? day of /less — , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BARTHOLOMEW J. SINANIS, HIS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee." WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 28"; as shown on the certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH, PRINCESS ANNE CO., VA," Scale 1" = 100', dated June 1984, prepared by C. A. Bamforth, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 525 Virginia Dare Drive, Virginia Beach, Virginia 23451; and WHEREAS, it is proposed by the Grantee to construct and maintain a 6' x 92' pier with an 11' x 27' roof structure, a 6' x 48' boat lift, and a 10.5' x 40.5' floating dock with ramp, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2427-20-6108 (CITY PROPERTY KNOWN AS — LAKE WESLEY) 2427-30-0325 (525 Virginia Dare Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, located at the rear of 525 Virginia Dare Drive, the "Encroachment Area"; and WHEREAS, Griffith J. McRee, Jr. was authorized to maintain and construct additional encroachments into Lake Wesley as shown on that certain Encroachment Agreement recorded in the Virginia Beach Circuit Court as Instrument Number 20080519000583080 within the Encroachment Area. The Grantee is successor in title to Mr. McRee and that Encroachment Agreement is incorporated by reference into this Agreement. WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A - ENCROACHMENT REQUEST FOR PIER, BOAT LIFT AND FLOATING DOCK FOR BARTHOLOMEW SINANIS, LOT 28 RESUBDIVISION OF PART OF CROATAN BEACH, PRINCESS ANNE COUNTY, VA M.B. 37 PG. 11," Scale: 1" = 2 30', dated June 29, 2021 , and prepared by Walter T. McKenna II, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Bartholomew J. Sinanis, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By holomew J. Sinanis, Owner STATE OF CITY/COUNTY OFty, ,,, gE= cb, , to-wit: The foregoing instrument was acknowledged before me this / % day of , 2021, by Bartholomew J. Sinanis. DONALD A.TROISI NOTARY PUBLIC - (SEAL) REG.07522846 COMMONWEALTH OF VIRGINIA ry ublic MY COMMISSION EXPIRES 12/31/202S l Notary Registration Number: My Commission Expires: / ? 31 ,2 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM S NrATURI A . HARMEYER D (� SENIOR CITY ATTORNEY K€A�TMEN£S T��IC EPAR 7 LAKE W E S L E Y ENCROACHMENT CITY OF VIRGINIA BEACH AREA-2964 SF GPIN:24272061080000 70.0' EXHIBIT A- ENCROACHMENT • REQUEST FOR GAZEBO ROOF, 30.0' _. 51' {t 14' 45' PIER, MOORING PILES, BOAT LIFT N 04` 14'15"E 70.0 1 AND FLOATING DOCK NEW 12" co NEW FLOATING DOCK Neel S 'w for MOORING PILES 10.5'WX40,51 I pi - ° ,o Bartholomew Sinanis AT END OF 27j:?y IZ LOT 28 PIER (2) 9 I NEW BOAT SIFT ' ; ' -.?� Resubdivision of Part of Croatan 48;� ,'1� 61 ° .0 o Beach, Princess Anne County,VA ' M.B.37, PG. 11 S 04°14'15"E 6t,z0' 56, , , an 29 JUNE 2021 EXISTING FLOATING TO"PrOcr like,. �It- _ ; ,14 ' 1C.3'I ; DOCK 13'X 20.5 - M(W ;m%` ° 'o &RAMP TO BE REMOVED �-- _ a N EXISTING PILES TO BE W REMOVED.ALL EXISTING MH z;� ' ° w STRUCTURES TO BE REMOVED 'to; '� ° ° ; ; NEW PIER DRILL HOLE ON LINE '"; rl r ° ; , ; 6k 19.5, 1 0LISA JEANETTE ALLEN I EXISTING PIER TO BE ; 1 521 VIRGINIA DARE DR REMOVED I LOT 29, M.B. 37 PG. 11 co ' ;DILL HOLE ON LIN GPIN;24273004140000 c0! Bartholomew Sinanis EXISTING SHED con Instrument No. `s �/ . &TIMBER Z { 2 ) PRITCHARD UVING I 202103024177 WALK TO BE REVOCABLE TRUST * GPIN: 24273003250000 NPLA►�D) 529 VIRGINIA DARE DR . LOT 27, M.B. 37 PG. 11 c o n1 GPIN;24273002350000 c 1,1 �AL7'!Ir q�° 1� ' Ic Ta I. 52 5p 29 JUNE 21 C; 1 \ to O * I WALTER T. McKENNA II I . Lic No. 04286. 4. S 04° 14'15"E 100.0' ! VIRGINIA DARE DRIVE 632.94'to South tlantic (80'R/W) RECORDS MERIDIAN 20' 0' 20' 40' OSMil GRAPHIC SCALE M.B'37,PG 11 1" = 30'-0" CALVERT MARINE Agent- 3132 Riveredge Drive, Portsmouth, VA 23703 757.777.6960 i4e$ ' n • A-B= 80'+/: Skiit C-E=92.46' Iklip NEW ROOF STRUCTURE 11.0' X 27.0' (297 SF)-- 1 Pile Line ———___ NEW CONCRETE F OATINPOOCK.___ NEW 12" MOORING PILE (2) A.P.O. LIFT W/6-STEEL PILES 8' 6'- —_____`__ 1C _ u B ,-RI I A.P.O. PIER f - rl n o .,�_,,_D-1___ ___ Pier(me 1 --- ! in 27, —— r �5T 5 z' 12.0' II i ' TYP --............ .... 1 Ith 1 NEW 20k BOAT-LIFT -- NEW TIMBER PIER ATOP W/8-CLASS B TIMB �, PItt&' ---la ; ' 1 COMPOSITE PILE BENTS A -- -_—__ _---____ MHW + `,in 93 LF - o . /7/7L • -y N ...,,� o *6 6 1 ,f 1 5, 1 i o y4 o 5/31/21 0f zi u - w, WALTER T.MdKENNA II . Lic No.042;•. SCALE:1" = 40'-0" * DATUM: MLW = 0.00' MHW = 3.42' Proposed:PIER, FLOATING DOCK ROOF NEW PIER PLAN V STRUCTURE and BOAT LIFT 4 In:Lake Wesley M WTM Adjacent Property Owners: 1.PRITCHARD REVOCABLE at:525 Virginia Dare Drive M*tLe LIVING TRUST County of: VIRIGINIA BEACH CALVERT Erop 2.LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE ro N V+► Sheet: 3 of 9 •Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /bIb REV 05/21121 o? d'F r • 6-0. mew , • • •IPE WOOD DECKING I WITH S.S. SCREWS f f , COMPOSITE STRINGER if I I I I 42" I COMPOSITE POST WHERE ,�9I+ +6 9, I I APPLICABLE 1 - ( - -_ ^ _ Se t qITiIiE ' � COMPOSITE BEAM I ATTACH T O COMPOSITE BEAM " i i +3.42' S.S.ANGLE BRACKET b• 12' ,.-z• , •4: " BOLT AS PER MFGRS' DETAILS rm.)- OnIc44 'cregtA 4• - - - MLW - -- 0.00 COMPOSITE PILE 4. 5/31/21 9. MUD MUD LINE'EVEVATION VARIES-1.0'TO-12.0 Q :., ..<cC� WALTER T.MCKENNA II . Lie No.04 : • • `/OJA4: t SCALE: 1/4" = 1'-0" • DATUM: MLW = 0.00' MHW = 3.42' PIER DETAILS Proposed:PIER, FLOATING DOCK ROOF vSTRUCTURE and BOAT LIFT 6ziAdjacent Property Owners: in:Lake Wesley wirm 1.PRITCHARD REVOCABLE at:525 Virginia Dare Drive mica LLB LIVING TRUST County of: VIRIGINIA BEACH CALVERT t rrtM�pC 2. LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis 7�DR09N WiF4 MARINE anosirson.vA Sheet: 4 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /bIhREVO OS/21121 3 0-c WIND DESIGN SPEED, METAL ROOF SYSTEM SIMPSON JOIST HANGER VULT:116 MPH NOMINAL AS PER MFGR.DETAILS AT RIDGE BOARD(2 x 10) SNYTREATED PLYWOOD NAIL AS PER MFGR.REQUIREMENTS DESIGN WIND SPEED, NAIL AS PER MFGR.REQUIREMENTS "_ VASD 90 MPH RISK CAT. Ill 2-2'X 10"FRP BEAM 12 2"X6"01Volc WIND EXP.C ATTACH TO BEAM 6 ROOF LOAD 20 PS F AND STRINGERS 411' Ieiji 111.1.111111.111111111r'I ATTACH 2'X 6"RAFTERS 11111111111 �^�''�• 111111111:0 I X PVC FASCIA BOARD AND 2'X 6"CROSS BRACE l -, WITH 4-3"S.S.SCREWS ■ SIMPSON HURRICANE ATTACH WITH 4-N10 BRACKET AT EACH RAFTER S.S.SCREWS(TYP) NAIL AS PER MFOR. T RECOMMENDATIONS • COMPOSITE POST BOLTED TO BEAM AND TOP OF PIER STRINGERS II.Ilgli MINIM l Min Ml� COMPOSITE ( COMPO ITE r s11.1111111 STRINGER it ok I 'It yr A MP COOSITE PILE EMBEDDED50% DOUBLE - :LOCKING (P) METAL ROOF SYSTEM • AT EACH POST AS PER MFGR.DETAILS 5/B"TREATED PLYWOOD NAIL AS PER MFGR. RECOMMENDATIONS.\ I 1 J.COMPOSITE BEAM 1 X PVC FASCIA BOARD 2-2'X 10"FRP BEAMS - COMPOSITE COLUMN 12' COMPOSITE BEAM TOP OF PIER COMPOSITE STRINGER f o�411,sLTN 0 (..______COMPOSITE PILE -� - -� 1 5/31/21 RG',". chi > WALTER T.McKENNA II . lit No.04286. 4. .d'r.; "'Sr I. , ' , .2 IA1. G SCALE:'A" = 1'-0" • DATUM: MLW = 0.00' MHW = 3.42' Proposed:PIER, FLOATING DOCK ROOF v ROOF DETAILS STRUCTURE and BOAT LIFT Q 64 WTMAdjacent Property Owners: in:Lake Wesley 1. PRITCHARD REVOCABLE at:525 Virginia Dare Drive CALVERT rlt `LLC LIVING TRUST County of: VIRIGINIA BEACH pr, p 2. LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis i wen nit MARINE FIKIDDSON VA Sheet: 5 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /b1h REV:05/21121 PILES SHALL BE 8 - CLASS B TIMBER BOAT LIFT NOTES AND PILINGS EMBEDDED 50% OF THEIR LENGTH DETAILS: BELOW GRADE. PROVIDE COMPOSITE PILE Take care to clear shafts,thru-hull fittings,chines,etc. SLEEVE AT THE TIDAL ZONE FOR ALL Keel of boat must not rest on beams. TIMBER PILES. Center of gravity of boat must be in center of lift(bow to stem). This will evenly distribute the load over the 0=E4 - — two lifter beams. The new Boat Lift shall have a Bunk/Frame verified with the Boat Mfgr. Install the Bunk/Frame as per the manufacturer's recommendations including all 16.0' hardware. Contractor to verify: 1)The installation is completed according to the 10.0' manufacturer's recommendations. 2)The Owner understands how to operate the lift in a safe manner. 1_ 1. _ _ ;r=0: _ 3)The ultimate user acknowledges the need for regular service and maintenance of the lifting equipment. 4)The Customer is informed and understands all safety and warning labels affixed to the equipment. THE WET SLIP - 5)The center of gravity of boat is located by equal IS 18.5' CLEAR deflection of lifter beam. 6)The Boat Lift is of suitable capacity to safely lift the Owner's vessel and the bunks are installed as per the Boat Manufacturer's spacing. 7)Do not change or ignore wiring diagrams,or n —� vi instructions as shown. Comply with all national or local codes. Final connections for the lift to be completed by a licensed Electrician. f. TOP OF PIER MHW - � 1L7'it 04, l N LW o4 5/31/21 ��'.�� WALTER T.MCKENNA II �Lic No.0428.. BOAT LIFT ELEVATION 0Y.'%r �aynL� SCALE: '/a" = 1'-0" 40 DATUM: MLW = 0.00' MHW = 3.42' Proposed:PIER, FLOATING DOCK, ROOF v LIFT DETAILS STRUCTURE and BOAT LIFT 016 �, Adjacent Property Owners: in:Lake Wesley 1. PRITCHARD REVOCABLE at:523 Virginia Dare Drive MARINE LLc LIVING TRUST County of: VIRIGINIA BEACH CALVERT ,Engineering o ono on 2. LISA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE POGUOSOH,VA Sheet: 6 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /b1hR 05/21/21 NEW 16 FT RAMP MIN. NEW CONCRETE FLOATING DOCK 10'' x 40' PROVIDE TIMBER ' FRAMING & HARDWARE FOR RAMP HINGE SUPPORT 1 I r L — — — — MNW ,.�. . . . • M L W MUD LINE / EXIST. BOTTOM � — NEW 12'1 STEEL ANCHOR PILES EMBEDDED 50% OF THEIR LENGTH. PROVIDE COMPOSITE WRAP OR SLEEVE FROM -1.0' TO TOP OF PILE. v,ALTR Q L I 5/31/21 �Cr Vp Y WALTER T.McKENNA II Lic No,04286 Q. %JONAS.V4G SCALE: 1/4" = 1'-0" * DATUM: MLW = 0.00' MHW = 3.42' FLOATING DOCK Proposed:PIER, FLOATING DOCK, ROOF STRUCTURE and BOAT LIFT NI Adjacent Property Owners: in:Lake Wesley Iry nn 1. PRITCHARD REVOCABLE at:525 Virginia Dare Drive CALVERT MARINELLe LIVING TRUST County of: VIRIGINIA BEACH �� e 2. LISA JEANETTE ALLEN I GO NDfin Applicant: Bartholomew Sinanis MARINE POOUOSON,VA Sheet: 7 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /bibREV:05/21/21 CONCRETE FLOATING DOCK NOTES 1. PILES: Piles shall be steel.Coal tar epoxy coating is not acceptable. Piles shall be set at+10ft.above the top of docks at MHW. 2. All anchor piles shall have black vinyl cone pile caps 3. Vinyl fender rub rail shall be installed to surround the floating docks. 4. All hardware to be minimum 304/305 stainless steel with 316 stainless steel into all concrete attachments. 5. All roller guides and weldments shall be stainless steel. 6. All thru-rods shall be FRP rods. 7. The flotation system shall consist of modular sections designed in such a manner that modules may be replaced with standard modules in case of repairs. 8. Float modules shall be structurally connected by treated timber waler system that will allow replacement without affecting the float modules.Connection methods that create structural failure of the float module when overstressed will not be allowed.Concrete float modules will have concrete cover for protection on all six sides.Floats without concrete bottoms will not be allowed.Concrete shall be 5000 PSI and designed for salt water use. 9. Sufficient flotation shall be provided to support a live load of 70 pounds per square foot of deck area. 10. Free board under deal load only shall not be less then 23'or exceed 25'.At a time of installation,freeboard under dead load only should be a minimum of 24°in order to meet the 23—minimum freeboard at the end of one year from the date of job acceptance. 11. Freeboard for 24°and 30°freeboard floats will follow the same up one or down one-inch criteria as the 18°floats. 12. Contractor should exercise caution to insure that all dead loads are actually determined and included in buoyancy calculations.These loads should include appropriate safety factors id used and any specific manufacturing considerations that will affect the final freeboard. 13. Dead loads shall consist of the floats,framing,waler system,attachment steel,miscellaneous connection devises,and all other permanently attached equipment such as utilities,boxes,fire protection equipment,etc. 14. Special floats must be designed to support additional concentrated loads as imposed by gangways, transformers,or other equipment.Floats with special loadings shall have the same freeboard as floats with no such loading,so that there will be nor residual stress or tilting when the floats are interconnected. 15. Walking surface of concrete floats shall be level and flush with respect to adjacent floats. 16. Floats shall be designed to float level 17. Float and age systems shall be designed for the following load cases as a minimum: 18. Wind pressure of 15 PSF(77MPH fastest mile wind at 33 feet standard elevation,Exposure C,Per ASCE 7-93)acting on the projected area of all docks and moored vessels assuming aA�.rH full occupancy of the marina. ta� �_ 19. Minimum current pressure of 0 PSF(0 feet per second current �, velocity)acting on the projected area of all docks and moored vessels 5/31J21 y assuming the occupancy levels will reflect those expected during the flood season. WALTER T.McKENNA Ii 20. Vertical wave loads,as they exit at the specific site. Lit No. 042 21. Lateral wave loads for waves a significant wave height a- exceeding one foot if they are expected to occur at a specific site. Load cases should be combined based upon the probability of '<MAL 'G simultaneous occurrences of the events Proposed:PIER FLOATING DOCK, ROOF NOTES STRUCTURE and BOAT LIFT m Adjacent Property Owners: in:Lake Wesley �M 1. PRITCHARD REVOCABLE at:525 Virginia Dare Drive CALVERT rrELL.c LIVING TRUST County of: VIRIGINIA BEACH 1 NDRIVE 2. LISA JEANETTE ALLEN Applicant:Bartholomew Slnanis MARINE rocoosar.vA Sheet: 8 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /bib REVc 0S/2V21 70-F g- *, %1 7 FIBERGLASS REINFORCED PLASTIC SPECIFICATIONS: ASTM D-638, ASTM D-638 ASTM D-2344 ASTM D-696 ASTM D-84 The Contractor shall provide Shop Drawings of the FRP components for review by the Owner. The FRP components shall be fabricated and assembled in accordance with the Manufacturer's recommendations. Timber Pilings shall comply with ASTM D-25 ALL HARDWARE SHALL BE HOT-DIPPED GALVAIZED IN ACCORDANCE WITH ASTM D-123 Stainless steel shall be Type 316 , Marine Grade. NOTES: 1. ALL LUMBER SHALL BE SOUTHERN YELLOW PINE 2. ALL TREATMENT SHALL BE IN ACCORDANCE WITH THE RECOMMENDATIONS AND PROCEDURES OF THE AMERICAN WOOD PRESERVER'S ASSOCIATION. 3. DECKING SHALL BE ATTACHED WITH 3"STAINLESS STEEL SCREWS. 4. ALL PILINGS SHALL BE EMBEDDED 50%OF THEIR LENGTH.ALL PILINGS SHALL BE INSTALLED WITH A VIBRATORY OR DROP HAMMER OF SUITABLE CAPACITY TO DRIVE THE SPECIFIED PILES. 5. NO GEOTECHNICAL OR STRUCTURAL BORINGS HAVE TAKEN PLACE AT THIS SITE. THE CONTRACTOR SHALL VERIFY ALL SOIL&BOTTOM CONDITIONS.THESE DRAWINGS ARE FOR THE JOINT PERMIT APPLICATION aOp�t ONLY. f 5/31/216. ALL DEBRIS GENERATED FROM THE DEMOLITION PROCESS SHALL BE HAULED OFF SITE AND LEGALLY DISPOSED. WALTER T.&KEtNNA II 7. ALL DENUDED AND OR DAMAGED VEGETATION SHALL Li No.0428 BE REPLACED IN KIND. 4. ATE$ Proposed:TIMBER PIER, FLOATING DOCK, 0 p ROOF STRUCTURE and BOAT LIFT Adjacent Property Owners: in:[inkhorn Bay wTm 1.PRITCHARD REVOCABLE at:525 Virginia Dare Drive MARINE u.c LIVING TRUST County of: VIRIGINIA BEACH CALVERT i oegng 2. USA JEANETTE ALLEN Applicant:Bartholomew Sinanis MARINE POGUUSon,VA Sheet: 9 of 9 Date: 20 APR 2021 ADDITIONAL INFORMATION/REVISIONS Received by VMRC June 2,2021 /b1h :13512121 77 ITEM—IX.J.12a ORDINANCES/RESOLUTIONS ITEM#72001 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency(FEMA) to FY 2021-22 Fire Department Operating Budget: a. $979,704 re continued operations and equipment requirements of Virginia Task Force 2 Urban Search and Rescue Team Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR THE CONTINUED 4 OPERATION OF THE VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $979,704 is hereby accepted from the Federal Emergency Management Agency 11 and appropriated, with federal revenue increased accordingly, to the FY 2021-22 12 Operating Budget of the Fire Department to fund the continue the operations and 13 equipment requirements of the Virginia Task Force 2 Urban Search and Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of Sestember , 2021. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY. Budget and Management Services i or y' ffice CA15534 R-1 August 26, 2021 78 ITEM—IX.J.12b ORDINANCES/RESOLUTIONS ITEM#72002 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency(FEMA) to FY 2021-22 Fire Department Operating Budget: b. $2,128,970.41 re the Champlain Tower collapse in Surfside,Florida and$54,869.11 re reimburse for administrative cost of preparing the reimbursement claims Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO SUPPORT THE COSTS 4 RELATED TO MOBILIZING VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM MEMBERS TO 6 THE CHAMPLAIN TOWER COLLAPSE IN SURFSIDE, 7 FLORIDA 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 1) $2,128,970.41 is hereby accepted from the Federal Emergency Management 13 Agency and appropriated, with federal revenue increased accordingly, to the FY 14 2021-22 Operating Budget of the Virginia Beach Fire Department to reimburse the 15 costs associated with the deployment of the Virginia Task Force 2 Urban Search 16 and Rescue Team. 17 18 2) $54,869.11 is hereby accepted from the Federal Emergency Management Agency 19 and appropriated, with federal revenue increased accordingly, to the FY 2021-22 20 Operating Budget of the Virginia Beach Fire Department to reimburse the 21 department for the administrative cost of preparing the reimbursement claims. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of _September , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I 21% tj) fir 11110 Budget and Management Services C' ey' Office CA15531 R-1 August 26, 2021 79 ITEM—IX.J.13a ORDINANCES/RESOLUTIONS ITEM#72003 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $14,097.28 from the Virginia Department of Health the FY2021-22 Emergency Medical Services (EMS) Operating Budget re support rescue squad operations and training Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE FOUR-FOR-LIFE PROGRAM TO SUPPORT 3 EMERGENCY MEDICAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $14,097.28 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with state revenue increased 10 accordingly, to the FY 2021-22 Operating Budget of the Department of Emergency 11 Medical Services to support rescue squad operations and training. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of September , 2021. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ' Q__LJT,44A 1 Budget and Management Services n s Office CA15533 R-1 August 26, 2021 80 ITEM—IX.J.13b ORDINANCES/RESOLUTIONS ITEM#72004 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $35,291 from Dominion Energy Services, Inc. to FY 2021-22 Parks and Recreation Operating Budget re plant trees to increase the urban tree canopy in accordance with the City's Urban Forest Management Plan Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM DOMINION ENERGY SERVICES TO 3 THE DEPARTMENT OF PARKS AND RECREATION 4 FOR THE PLANTING OF TREES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $35,291 is hereby accepted from Dominion Energy Set-vices, Inc. and 10 appropriated, with miscellaneous revenue increased accordingly, to the FY 2021-22 11 Operating Budget of the Department of Parks and Recreation to plant trees that will 12 increase the urban tree canopy and fulfill goals established by the City's Urban Forest 13 Management Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of September , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services • or ey's Office CA15530 R-1 August 26,2021 a� City of Virginia Beach OF OUR NNVIC) VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSS@VBGOVCOM September 7, 2021 In Reply Refer to 0072555 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 accept and appropriate funds from Dominion Energy Services,Inc.to the Department of Parks and Recreation for the planting of trees. 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. rric a t, j . oss Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 81 ITEM—IX.J.13c ORDINANCES/RESOLUTIONS ITEM#72005 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $65,000 from the Virginia Supreme Court Drug Treatment Court Docket Grant to the FY 2021-22 Commonwealth's Attorney Operating Budget re expenses related to drug treatment and AUTHORIZE 25%in-kind Grant Match Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA SUPREME COURT AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $65,000 of grant funding is hereby accepted from the Virginia Supreme Court, 9 through the FY 2021-22 Virginia Drug Treatment Court Docket Grant, and 10 appropriated, with estimated revenues from the Commonwealth increased 11 accordingly,to the FY 2021-22 Operating Budget of the Virginia Beach Office of the 12 Commonwealth's Attorney for expenses related to the drug treatment court. 13 14 2. A grant match of 25% in in-kind services is hereby authorized to be made by the 15 Department of Human Services in support of the drug treatment court. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of September , 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: ixLe Budget and Management Services Ci r s Office CA15516 R-1 August 26, 2021 82 ITEM—IX.J.13d ORDINANCES/RESOLUTIONS ITEM#72006 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: d. $95,494 from the Commonwealth to the FY2021-22 Clerk of the Circuit Court Operating Budget re provide compensation supplements for employees Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO APPROPRIATE STATE REVENUE TO 2 THE CLERK OF THE CIRCUIT COURT FOR OPERATIONAL 3 NEEDS AND TO REDIRECT LOCAL FUNDING TO PROVIDE 4 EMPLOYEE COMPENSATION SUPPLEMENTS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $95,494 is hereby accepted from the Commonwealth and appropriated, with state 10 revenue increased accordingly, to the FY 2021-22 Operating Budget for the Clerk of the 11 Circuit Court to pay for operational needs. The local funding that would have paid for such 12 operational needs is hereby redirected within the Clerk's Operating Budget to provide 13 compensation supplements for employees. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of September , 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: CACuk€ttA) --- Budget and Management Services C' o y's Office CA15535 R-2 August 27, 2021 83 ITEM—IX.J.l3e ORDINANCES/RESOLUTIONS ITEM#72007 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: e. $274,825 from the Commonwealth in Aid to Localities Grant Funding to the FY 2021-22 Fire Department Operating Budget re personal protective equipment,training, and uniforms Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $274,825 IN AID TO LOCALITIES GRANT FUNDING 3 TO SUPPORT THE OPERATIONAL NEEDS OF THE 4 FIRE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 A total of$274,825 is hereby accepted from the Commonwealth and appropriated, 10 with state revenue increased accordingly,to the FY 2021-22 Operating Budget of the Fire 11 Department for training, equipment, uniforms, and protective equipment. The sources of 12 such funds are $89,234 from the FY2019-20 Aid to Localities Grant, $82,015 from the 13 FY2020-21 Aid to Localities Grant, and $103,576 from the FY2021-22 Aid to Localities 14 Grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of September , 2021. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: OC) Budget and Management Services Ci a Office CA15529 R-1 August 26, 2021 84 ITEM—IX.J.14a ORDINANCES/RESOLUTIONS ITEM#72008 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Department of Motor Vehicles (DMV) to the FY 2021-22 Police Department Operating Budget and AUTHORIZE 50%in-kind match: a. $29,400 re overtime related to the enforcement of seat belt laws Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SEAT BELT LAWS 3 AND TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $29,400 from the U.S. Department of Transportation National Highway 9 Traffic Safety Administration, via the Virginia Department of Motor Vehicles, is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2021- 11 2022 Police Department Operating Budget for overtime related to the enforcement of seat 12 belt and occupant protection laws. 13 14 2. The local grant match (50% of the provided federal funds) is to be made in- 15 kind by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of September , 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: (12W2-5 -7tA Budget and Management Services or 's O ice CA15517 R-1 August 26, 2021 85 ITEM—IX.J.14b ORDINANCES/RESOLUTIONS ITEM#72009 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Department of Motor Vehicles (DM to the FY 2021-22 Police Department Operating Budget and AUTHORIZE 50%in-kind match: b. $36,200 re overtime related to the enforcement of DUI laws Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1 That$36,200 from the U.S. Department of Transportation National Highway 9 Traffic Safety Administration, via the Virginia Department of Motor Vehicles, is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2021- 11 2022 Police Department Operating Budget for overtime related to the enforcement of DUI 12 laws. 13 14 2. The local grant match (50% of the provided federal funds) is to be made in- 15 kind by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of September , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services • o y's Office CA15518 R-1 August 26,2021 86 ITEM—IX.J.14c ORDINANCES/RESOLUTIONS ITEM#72010 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Department of Motor Vehicles (DMV) to the FY 2021-22 Police Department Operating Budget and AUTHORIZE 50%in-kind match: c. $77,503 re overtime and equipment related expenses to speed enforcement Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SPEED LAWS AND 3 TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $77,503 from the U.S. Department of Transportation National Highway 9 Traffic Safety Administration, via the Virginia Department of Motor Vehicles, is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2021- 11 2022 Police Department Operating Budget for overtime and equipment expenses related 12 to speed enforcement. 13 14 2. The local grant match (50%of the provided federal funds) is to be made in- 15 kind by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of September , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY- Budget and Management Services i o 's Office CA15519 R-1 August 26, 2021 87 ITEM—IX.J.15a ORDINANCES/RESOLUTIONS ITEM#72011 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Henley, City Council ADOPTED Ordinance to ACCEPT and APPROPRL4TE from Department of Homeland Security to FY2021-22 Fire Department Operating Budget: a. $23,002 re purchase of equipment related to the response and recovery duties of the Marine Team Voting: 8-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,Aaron R. Rouse, Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Guy K. Tower Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS TO SUPPORT THE FIRE 3 DEPARTMENT'S MARINE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $23,002 is hereby accepted from the U.S. Department of Homeland Security and 9 appropriated, with federal revenue increased accordingly, to the FY 2021-22 Operating 10 Budget of the Virginia Beach Fire Department for the purchase of equipment related to 11 the response and recovery duties of the Marine Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of S ep t ., 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: - ei.-lutx7 "/„, Budget and Management Services e Office CA15527 R-1 August 26, 2021 88 ITEM—IX.J.15b ORDINANCES/RESOLUTIONS ITEM#72012 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Henley, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE from Department of Homeland Security to FY2021-22 Fire Department Operating Budget: b. $368,119.09 and TRANSFER $36,811.91 (cash match requirement) from the Public Safety Equipment Replacement Project CIP#100325 re physical fitness programs and training Voting: 8-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,Aaron R. Rouse, Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Guy K. Tower Council Members Absent: None September 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER FUNDS FOR 3 THE FIRE DEPARTMENT'S PHYSICAL FITNESS 4 PROGRAMS AND TRAINING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $368,119.09 of grant funds is hereby accepted from the U.S. Department of 10 Homeland Security and appropriated, with federal revenue increased accordingly, 11 to the FY 2021-22 Operating Budget of the Fire Department for physical fitness 12 programs and training. 13 14 2) $36,811.91 to provide the cash match requirement for the above grant is provided 15 through Public Safety Equipment Replacement Project CIP (PG100325) Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of September , 2021. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and ,'flanagem nt ervices • or y s Office CA15528 R-2 September 1, 2021 89 ITEM—IX.K.I PLANNING ITEM#72013 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of JEFFREY&PAIGE MADRIGAL for the Street Closure re 334 square feet portion of an unimproved right of way adjacent to the rear of 317 45`h Street DISTRICT 6—BEACH(Deferred from November 19, 2019) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JEFFREY& PAIGE MADRIGAL for the Street Closure re 334 square feet portion of an unimproved right of way adjacent to the rear of 317 45`h Street DISTRICT 6—BEACH(Deferred from November 19, 2019) The following conditions shall be required: 1. The City Attorney's Office will 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. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way. 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 within one (1)year of the City Council approval, said 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 7th day of September Two Thousand Twenty One. September 7, 2021 90 ITEM—IX.K.1 PLANNING ITEM#72013 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 1 ORDINANCE APPROVING APPLICATION 2 OF JEFFREY AND PAIGE MADRIGAL 3 FOR THE CLOSURE OF A 334 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT- 5 OF-WAY ADJACENT TO THE REAR OF 6 317 45TH STREET 7 8 WHEREAS, Jeffrey and Paige Madrigal (collectively, the "Applicant") applied to 9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed and 22 vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (334 SQ. FT. OR 0.008 ACRES)", shown as the hatched area 29 on that certain exhibit plat entitled: "STREET CLOSURE 30 EXHIBIT OF LOT-49A RESUBDIVISION OF LOT 49, LOT 50 31 AND THE W. 30' OF LOT 48 MAP OF THE HOLLIES (M.B. 6, 32 PG. 107) (IN. 20150129000082310) VIRGINIA BEACH, 33 VIRGINIA", Scale: 1"=25', dated June 28, 2017, prepared by 34 wpl, a copy of which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the current "Policy Regarding Purchase of City's Interest in 44 Streets Pursuant to Street Closures," approved by City Council. It has been determined 45 that the purchase price to be paid to the City shall be $12,358.00. 46 47 No GPIN (Public Right-of-Way) 48 (Adjacent GPIN: 2418-87-5164 49 2. The Applicant shall resubdivide the property and vacate internal lot lines to 50 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 51 submitted and approved for recordation prior to final street closure approval. 52 53 3. The Applicant shall verify that no private utilities exist within the Right-of- 54 Way. If private utilities do exist, easements satisfactory to the utility company must be 55 provided. 56 57 4. Closure of the Right-of-Way shall be contingent upon compliance with the 58 above stated conditions within 365 days of approval by City Council. If the conditions 59 noted above are not accomplished and the final plat is not approved within one year of 60 the City Council approval, said approval shall be considered null and void. 61 62 SECTION III 63 64 1. If the preceding conditions are not fulfilled on or before September 6, 65 2022, this Ordinance will be deemed null and void without further action by the City 66 Council. 67 68 2. If all conditions are met on or before September 6, 2022, the date of final 69 closure is the date the street closure ordinance is recorded by the City Attorney. 70 71 3. In the event the City of Virginia Beach has any interest in the underlying 72 fee, the City Manager or his designee is authorized to execute whatever documents, if 73 any, that may be requested to convey such interest, provided said documents are 74 approved by the City Attorney's Office. 75 76 SECTION IV 77 78 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 79 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 80 VIRGINIA BEACH as "Grantor" and JEFFREY MADRIGAL and PAIGE MADRIGAL, as 81 "Grantee." 82 83 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 84 of September , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • Planning Department City Attorney CA14015 beov.com.dfs 1`applications\citylaw\cycom32\wpdocs\d007\p035\00601928.doc R-2 August 25, 2021 EXHIBIT A N/F 1 N/F ELIZABETH S. DAVID M. BRASHEAR & N 7432'12" E 1311 Op JANET M. BRASHEAR 44.23' RELOCATED MALOT URER TRUST R & LOT 64 LOT 67 & LOT 66 FRAMEj'r� GPIN: 2418-87-5206 RELOCATED SHED GPIN: 2418-87-6209 �,, (M.B. 6, PG. 107) 24" RET 7 00' (M.B. 6, PG. 107) IC ARNER Zi N 1153 23" W 7.51' WALL 7 50 Lic. o. 2904 a 15' ili_l `1 11/07/2019 (UNIMPROVED) ``�9/i ►� z���v�.;�����; Q�� �9 O'� (M.B. ..��-��►w ►� _ � 1 S 15'50'12" E � SURN� - - - - - - - - -, — 1 7.50' PP WITH GUY WIRE I V� FIREPIT I 72" WOOD 72" WOOD FENCE 1 CONC PAD 1 FENCE CONC ► o AREA OF PROPOSED -N N 74'32'12" E I STREET CLOSURE (\I 44.75' I JOHN P./F DUFFY & (334 SQ. FT OR rn MERCER B. DUFFY W N 0.008 ACRES) I W. 1/2 OF LOT 46, LOT 47 Q o LOT-48A I ' AND E. 20' OF LOT 48 2 N/F N/F 1 w GPIN: 2418-87-6136 CN RANDALL L BAKEL & 317 45TH STREET (IN. 20080923001119490) o h JANET E. BAKEL 3 JEFFREY MADRIGAL & W o LOT 50-A PAIGE MADRIGAL (IN. 20150129000082310) N GPIN: 2418-87-5164 ?, GPIN: 2418-87-5113 ry i IN.Q 20151028001058110�I : I 4. 5' PRIVATE DRAINAGE I -I--- h— EASEMENT (I.N. --.--I 20150129000082310) I ,off II `1 ' O 52.67' I Qua 79.50' TO _N___„.._ S 78'05'11" W -.---- HOLLY ROAD (70' R/W) 45 th (FORMERLY AVENUE ''A'') STREET N.B. 6, PG. 107) 0 25 50 (M.B. 8, PG. 12) 1 ..1 1-4 E---1 I SCALE SCALE: 1"=25' STREET CLOSURE EXHIBIT OF LOT-49A RESUBDIVISION OF LOT 49, LOT 50 AND THE W. 30' OF LOT 48 711111,, - :---- MAP OF THE HOlLIES (M.B. 6, PG. 107) E (IN. 20150129000082310) . - VIRGINIA BEACH, VIRGINIA__ .Landscape Architecture Land Surveying DATE: 06/28/2017 I F.B./PG.: 1034/33 & 1044/77 proj. no.: 216-0341 Civil Engineering wpIsite.com 757.431.1041 242 YUSTNlG lilt S1E 8 NiGi4A BE I,VA 23452 file: 216-341_Ench Exh.dwg l PLAT: H-0699 1CAD/chk: WJW/eag 91 ITEM—IX.K.2 PLANNING ITEM#72014 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS PROFFERED, BY CONSENT, Application of ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC for a Conditional Change of Zoning from Conditional B-1 Neighborhood Business to Conditional B-2 Community Business re operate a commercial retail store at 2749 South Independence Boulevard DISTRICT 1 —CENTERVILLE(Deferred from September 7, 2021) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ELIAS PROPERTIES VIRGINL4 BEACH INDEPENDENCE, LLC for a Conditional Change of Zoning from Conditional B-1 Neighborhood Business to Conditional B-2 Community Business re operate a commercial retail store at 2749 South Independence Boulevard (GPIN 1475416438) DISTRICT 1 — CENTERVILLE (Deferred from September 7, 2021) The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`h day of September Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 92 ITEM—IX.K.3 PLANNING ITEM#72015 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council DEFERRED TO SEPTEMBER 21, 2021, BY CONSENT, Application of VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINL4 BEACH DEVELOPMENT AUTHORITY & FROB, LLC for a Modification of Proffer to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 Prepared by: Robert P.Beaman III,Esq. (VSB No. 74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this io4tlay of -\)nt 2021, by and between ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC, a New York limited liability company ("Elias", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee", to be indexed as grantee). WITNESSETH: WHEREAS, Elias is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1475-41-6438-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Elias has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from Conditional B-1 to Conditional B-2; and WHEREAS, the Property was a part of a prior re-zoning and was subject to a Proffer Agreement made on September 27, 1995, and recorded in the Circuit Court Clerk's Office of the City of Virginia Beach, Virginia in Book 3565, at Page 2130 (the "Old Proffer Agreement"). The recording of this Agreement shall replace the Old Proffer Agreement in its entirety. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Elias acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which Elias' rezoning application gives rise; and WHEREAS, Elias has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the GPIN: 1475-41-6438-0000 110677647v4 249149.000001 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by Elias and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, Elias has, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Elias, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled "Dollar Tree — Independence Boulevard, Virginia Beach, VA, Conceptual Development Plan", dated June 14, 2021, and prepared by Timmons Group, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the retail building on the Property shall be in general conformity with the elevations entitled "Dollar Tree — Former Rite Aid", dated February 1, 2021, and prepared by RRMM Architects (the "Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The following uses will be prohibited on the Property: automobile repair garages and small engine repair establishments; automobile service stations; bars or nightclubs; beverage manufacturing shops; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building-mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards; car wash facilities; commercial parking lots, parking garages, parking 110677647v4 249149.000001 2 structures and storage garages; craft breweries; craft distilleries; dormitories for marine pilots; eating and drinking establishments with drive-through windows; liquor stores; mini-warehouses; mobile home sales; motor vehicle sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations; satellite wagering facilities; storage garages; tattoo parlors; and wine-tasting rooms. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. Elias covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, Elias shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of Elias and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 110677647v4 249149.000001 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC, a New York limited liability company: n By: Martin Elias, Member/Manager Dated: fe,bn.-a.r ate, apa( STATE/ ALTH OF /J env YU rK E-Id=Y/COUNTY OF t JQ sscc u. ,to-wit: The foregoing instrument was sworn to and acknowledged before me this t-day of Fe r , 2021, by Martin Elias, in his capacity as Sole Member/Manager of Elias Propertids Virginia Beach Independence, LLC, a New York limited liability company. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this oer—day of .bfucc.n/ , 2021. il�tiCr;(Le Notary Public (SEAL) My Commission Expires: tJ 2 I. g, aO a a. ROSEMARIE BRACKEN Notary Public,State of New York Registration Number: DI e>4K(0a3 0.7 No No.01BR6230786 Qualified in Queens County Commission Expires November 8,2022 110677647v3 4 EXHIBIT A Legal Description ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel 'X' as shown on that certain plat entitled "SUBDIVISION OF PARCELS "D-l" & "E-1" RESUBDIVISION OF PARCELS D & E, GLENWOOD, PHASE 2 (REFERENCED: D.B. 2722, PG. 1100-1101, CLERK'S OFFICE, VIRGINIA BEACH, VA) KEMPSVILLE BOROUGH — VIRGINIA BEACH, VIRGINIA", December 3, 1996,made by Lee S. Rood,P.C., land surveyors, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 258 at Pages 17 and 18. 110677647v3 5 93 ITEM—IX.K.4 PLANNING ITEM#72016 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971, Attorney for Applicant, spoke in SUPPORT Randy Royal, Consultant for Applicant, 4525 Main Street, Phone: 213-8600, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Stephen Johnston, 2316 Enchanted Forrest, Phone: 468-1474, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Moss, City Council APPROVED, AS PROFFERED,AS CONDITIONED,Application of SAMET PROPERTIES& TAYLOR FARMS LAND COMPANY, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural and Conditional I-1 Light Industrial to Conditional I-1 Light Industrial and a Conditional Use Permit re bulk storage yard at 2097 Harpers Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SAMET PROPERTIES & TAYLOR FARMS LAND COMPANY,LLC for a Conditional Change of Zoning from AG- 1 & AG-2 Agricultural and Conditional I-1 Light Industrial to Conditional I-1 Light Industrial and a Conditional Use Permit re bulk storage yard at 2097 Harpers Road (GPIN 2405665160) DISTRICT 6—BEACH The following conditions shall be required: CONDITIONAL CHANGE OF ZONING An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. CONDITIONAL USE PERMIT 1. Items stored within the Bulk Storage Yard shall be limited to company vans associated with the distribution center. 2. There shall be one freestanding sign on the property, as depicted on the sign exhibits shown on pages 14 and 15 of this report. The sign shall be no taller than eight feet in height measured from the ground to the top of the sign and shall meet all signage requirements of the Zoning Ordinance. 3. All signage on the site shall meet the requirements of the Zoning Ordinance.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 4. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 5. Roadway improvements as identified in the Harpers Road Delivery Station Traffic Impact Study, once finalized, and approved by the Director of Public Works or designee, shall be constructed, and installed by the applicant. September 7, 2021 94 ITEM—IX.K.4 PLANNING ITEM#72016 (Continued) 6. All exterior lighting on site shall utilize fixtures bearing the Fixture Seal of Approval of the current International Dark-Sky Association (IDA). A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all lighting Fixtures mounted on buildings and poles as well as the listing of lamp type, wattage, and type of fixture. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of September Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 SAMET PROPERTIES, LLC,a North Carolina limited liability company TAYLOR FARMS LAND COMPANY, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of July, 2021, by and between SAMET PROPERTIES, LLC, a North Carolina limited liability company, Grantor, party of the first part; TAYLOR FARMS LAND COMPANY,LLC,a Virginia limited liability company,Grantor,party of the second part;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee,party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing 328.260 acres designated as "PARCEL A" on that plat entitled "RESUBDIVISION OF THE TAYLOR FARM, VIRGINIA BEACH,VIRGINIA", dated July 24, 2009, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 20091023001239560; and WHEREAS, the party of the first part has contracted to acquire from the party of the second part a 67.15 acre portion of"PARCEL A"which is described in Exhibit"A"attached hereto and incorporated herein by this reference. This 67.15 acre parcel as described in Exhibit"A" is hereinafter referred to as the"Property";and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from GPIN: Part of 2405-66-5160-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 Conditional I-1 Light Industrial District,AG-1 Agricultural District and AG-2 Agricultural District to Conditional I-1 Light Industrial District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors'proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise;and WHEREAS, the party of the first part, with the consent of the party of the second part, Grantor,has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, in addition to the regulations provided for in the I-1 Light Industrial District by the existing Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, it is the desire of both Grantors, that upon an approval of this proposed conditional amendment to the Zoning Map and recordation of these Proffered Covenants, Restrictions and Conditions by the Grantee,those previously approved proffers applicable to a 19.38 acre portion of the Property as recorded in the above referenced Circuit Court Clerk's Office as Instrument Number 20191003000840330 shall be vacated, released and superseded in their entirety by the covenants,conditions and restrictions set forth herein. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the 2 Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Property is developed,the layout of the building,improvements,access and onsite circulation shall be substantially in accordance with the exhibit entitled "PROJECT DOOR CONCEPTUAL SITE PLAN FOR DISTRIBUTION CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD,VIRGINIA BEACH,VA",dated July 20,2021 and prepared by Kimley-Horn and Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development(hereinafter"Site Plan"). 2. When the Property is developed, the site landscaping shall be planted and maintained substantially in accordance with the exhibit entitled"PROJECT DOOR CONCEPTUAL LANDSCAPE PLAN FOR DISTRIBUTION CENTER ON A PORTION OF PARCEL "A" PROPERTY LOCATED AT 2097 HARPERS ROAD,VIRGINIA BEACH,VA",dated July 20,2021 and prepared by Kimley-Horn and Associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter"Landscape Plan"). 3. The exterior of the distribution center building depicted on the Site Plan shall be substantially similar in appearance with the exhibit entitled "EXTERIOR ELEVATIONS PROJECT DOOR 2097 HARPERS ROAD,VIRGINIA BEACH,VA 23454" dated July 2, 2021 and prepared by Prime Engineering Incorporated which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development (hereinafter the"Elevations"). 4. The exterior building materials on the distribution center building shall be as designated, depicted and described on the Elevations. 5. When the Property is developed,the party of the first part,Grantor,shall dedicate the additional necessary right of way and make those right of way improvements to Harpers Road substantially in accordance with the exhibit entitled ""PROJECT DOOR HARPERS ROAD IMPROVEMENTS EXHIBIT" dated July 20, 2021 and prepared by Kimley-Horn and Associates which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (hereinafter the `Right of Way Improvements"). 3 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-1, AG-2 and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied,and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages, or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as maybe appropriate; 4 (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Samet Properties, LLC, a North Carolina limited liability company By: (SEAL) Arthur Samet, Manager STATE OF NORTH CAROLINA CITY/COUNTY OF JI4,/PDrd ,to-wit: The foregoing instrument was acknowledged before me this day of 9LL1.AJ/.co n 2021,by Arthur Samet,Manager of Samet Properties,a North Carolina limited liability , p Y Grantor. 74WV/PL) e-031/4 J //447,„ N ry Public r, Sao , •' i My Commission Expires: 3k0 A23 _ � ,OUBL�f. v = Notary Registration Number: 307VDPI C.Co,: +A oti', .'? ,,, Ro,N,bui nO P# NNvN,, 6 WITNESS the following signature and seal: Grantor: Taylor Farms Land Company,LLC, a Virginia limited liability company By: ( (SEAL) Lin T. Chappell, Man er Commonwealth of Virginia City of Virginia Beach,to-wit: The foregoing instrument was acknowledged before me this a( day of 2021, by Linda T. Chappell, Manager of Taylor Farms Land Company, LLC, a Virginia lirhited liability company,Grantor. 0, 11110, -1*-44:44ruic `�y gHI...... PI" PU• CO ' j ; M Commission Expires: 360025 � � '•�� REG# e��C+'�� Notary Registration Number: T035 0(1 _Y COMMIS6SION :i COMMISSION , EXPIRES 06I30I2025 .•U� - ,- dip ••••. ....... NW EA IT H C)\\ 7 EXHIBIT "A" PROPOSED LOT 1 67.15 Acres ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA,AND KNOWN,NUMBERED AND DESIGNATED AS PARCEL A,AS SHOWN ON THE PLAT ENTITLED RESUBDIVISION OF THE "TAYLOR FARM" (INSTRUMENT NO. 20081009001183700),VIRGINIA BEACH,VIRGINIA, DATED JULY 24,2009,MADE BY MSA, P.C., WHICH IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA IN INSTRUMENT NUMBER 20091023001239560. AND BEING THE SAME PROPERTY CONVEYED TO TAYLOR FARMS LAND COMPANY, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, BY DEED OF DISTRIBUTION FROM THE TAYLOR GROUP, LLLP, A VIRGINIA LIMITED LIABILITY LIMITED PARTNERSHIP, DATED OCTOBER 29, 2009 AND RECORDED NOVEMBER 16, 2009 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA IN INSTRUMENT NUMBER 20091116001319430. WHICH BEING A PORTION OF TAYLOR FARM PARCEL A IS DESIGNATED AS HAVING APPROXIMATELY "67.1 AC. +/-" IN SIZE AND IDENTIFIED AS "LOT 1" AS SHOWN ON THAT CERTAIN EXHIBIT ENTITLED "TAYLOR FARM PARCEL A,2097 HARPERS ROAD,REZONING OF A PORTION OF PARCEL A EXHIBIT 1",DATED DECEMBER 13,2018,WHICH WAS PREPARED BY KIMLEY-HORN,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE NORTHEASTERLY INTERSECTION OF DAM NECK ROAD (VARIABLE WIDTH RIGHT-OF-WAY) AND THE SOUTHEASTERLY RIGHT OF WAY LINE OF HARPERS ROAD (VARIABLE WIDTH RIGHT OF WAY) BEING THE; TRUE POINT OF BEGINNING, THENCE North 9° 37' 56" East, 262.87 feet to a point; THENCE North 80° 22' 04" West, 30.11 feet to a point; THENCE North 10° 32' 51" East, 216.65 feet to the beginning of a curve concave easterly, said curve has a radius of 9,221.74 feet; THENCE northerly along said curve through a central angle of 1° 14' 26" an arc distance of 199.67 feet to a point; THENCE North 11° 47' 17" East,19.24 feet to the beginning of a non-tangent curve concave westerly,said curve has a radius of 12,778.68 feet, to which a radial line bears South 79° 06' 35" East; THENCE northerly along said curve through a central angle of 0°53' 52"an arc distance of 200.23 feet to a point;THENCE North 10° 53' 25" East, 104.03 feet to the beginning of a curve concave easterly,said curve has a radius of 520.82 feet; THENCE northerly along said curve through a central angle of 21° 08' 35" an arc distance of 192.19 feet to a point; THENCE North 32° 02' 00" East, 330.33 feet to the beginning of a curve concave southeasterly, said curve has a radius of 9,867.97 feet; THENCE northeasterly along said curve through a central angle of 1°09'34"an arc distance of 199.69 feet to a point; THENCE North 33° 11' 34" East, 551.20 feet to a point; THENCE South 57° 31' 39" East, 24.63 feet to a point;THENCE South 32°28' 21"West,90.33 feet to a point;THENCE South 79° 58' 29" East, 1,193.71 feet to a point; THENCE South 10° 01' 31"West, 1,311.29 feet to the beginning of a curve concave easterly,said curve has a radius of 543.00 feet;THENCE southerly along said curve through a central angle of 15° 19' 51" an arc distance of 145.29 feet to a point; THENCE South 5°18'20"East, 164.49 feet to a point;THENCE South 84°41'40"West,22.57 feet to a point of; THENCE South 39° 41' 40"West, 70.71 feet to a point; THENCE South 84°41' 40" 8 West, 1,632.65 feet; THENCE (1) North 58° 21' 25" West, 49.87 feet to a point; WHICH IS THE TRUE POINT OF BEGINNING, HAVING AN AREA 2,925,127.08 SQUARE FEET, 67.15 ACRES± MORE OR LESS. H:\AM\—Conditional Rezoning\Samet Properties\Proffer Agreement.docx 9 95 ITEM—IX.K.5a-e PLANNING ITEM#72017 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of VTS LYND MAYFLOWER OWNER,LLC for Conditional Use Permits re short term rental at 205 34`h Street: a. Unit 1601 b. Unit 1602 c. Unit 1603 d. Unit 1604 e. Unit 1605 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VTS LYND MAYFLOWER OWNER,LLC for Conditional Use Permits re short term rental at 205 34`h Street: a. Unit 1601 b. Unit 1602 c. Unit 1603 d. Unit 1604 e. Unit 1605 (GPIN 2428032311)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed as 205 34th Street, Units 1601, 1602, 1603, 1604, 1605, and the Short Term Rental use shall only occur within these listed dwelling units. 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. Unless an alternative parking plan is approved by the Zoning Administrator, 14 off-street parking spaces located at an off-site parking facility approved by the Zoning Administrator must be continuously leased while the subject units are used for Short Term Rental Purposes. 4. Prior to using any proposed apartment unit for Short-Term Rental purposes, the 16rh floor, which is where all five of the proposed Short-Term Rental units are located, must come into compliance with the Uniform Statewide Building Code. September 7, 2021 96 ITEM—IX.K.5a-e PLANNING ITEM#72017 (Continued) 5. 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. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times 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). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes 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. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. September 7, 2021 97 ITEM—IX.K.5a-e PLANNING ITEM#72017 (Continued) 13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number ofpersons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 19. No more than five (5)dwelling units within the building located at 205 34`h Street may be used for Short Term Rental purposes. 20. Standpipe connection shall be available on the 16th floor in the stairwell. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of September Two Thousand Twenty One. Voting: 8-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, Louis R.Jones,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None September 7, 2021 W I cc) M O M O I � N O O I N_ -----iiii�� O O IO O *� Ce 0 O * 0 \ ..--pv eruct4 _1 0 O �` ��.Ata tic ih 0 0 %-- ,u24 i -75:-.--;* 111, Ail ti,,, ,.....,.. ct 14.1_,, R, Ir., 0 M 0 �: �� N� am' rue caw , �,, , a aAitc CO in s c�f�c Aver or ___IX C = X"' 1/M Pa Ct CO .4\,\, 1:-- O - > N N i6 e, 40 _�� O d t �A N -be+, ❑ L• . 00 CO \ (N \f tn, _ ° \N Q Q O 'M 1. 0 N * N 1 DN ES Q� �� Q „, k\•\ I\ Etr C4 \f ' 13)y N cer �N ',N 74 r o �Q $ "C-3---V%- .\ t a-%a aV.°2I EN-g m Q Q 0 .,�-N y .� �� vi • t c-v- Q 98 ITEM—IX.K.6 PLANNING ITEM#72018 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of JERRETT SIMMONS/JARRETT SIMMONS&MARLENA BEGLEY-SIMMONS for a Conditional Use Permit for Alternative Resident Development re 2841 West Gibbs Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JERRETT SIMMONS / JARRETT SIMMONS & MARLENA BEGLEY-SIMMONS for a Conditional Use Permit for Alternative Resident Development re 2841 West Gibbs Road (GPIN 1397352303) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the site layout entitled "SITE PLAN OF PARCEL B, SUBDIVISION OF PROPERTY, VIRGINIA BEACH, VIRGINIA", prepared by Tim Fallon Land Surveyors, LLC, dated March 30, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "PLANS PREPARED FOR: TUCKER HOMES, THE MYRTLE MODEL, EXTERIOR ELEVATIONS",prepared by Mayfield Designs,Inc., dated March 31, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. There shall be no more than one(1)single-family dwelling located on this lot. 4. The existing landscaping and planting areas surrounding the property, as depicted on the attached plan on file with the Department of Planning shall be maintained. 5. The 50-foot wide, vegetative buffer shall not be required and is a deviation to the landscape buffer requirements set forth in the Rural Area Development Guidelines of the Comprehensive Plan. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of September Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 7, 2021 11 Q m LBl c kwa�tm:Road " , ED Au Da loci3::: El v. e °.] � ' N0 Q e— o o 0 oato , 07 ° s�� 0 (N \\ 4 NI C7 (-3 :7 „„. \-7- \ a i : . -------„, : oC :1 J C731-1 Ca co N ' 0 ❑ o . C7 �' 1 n N a N; 'Q 0l El 0 QjcEl Q 0 C 'R j&11 99 ITEM—IX.K.7a PLANNING ITEM#72019 The following registered to speak on Short Term Rental Ordinances: Kendall Maynard, Virginia Beach Short Term Rental Alliance, 108 45th Street,Phone: 705-0574, spoke in OPPOSITION to all STR regulations Barbara Messner, P. O. Box 514, spoke in OPPOSITION to STR's Gail Mottola, 115 88th Street, Phone: 515-3449, spoke in OPPOSITION to STR's Bob Hughes, 2113 Atlantic Avenue, spoke in OPPOSITION to overlay districts Donald Cutchin, 108 45th Street, Phone: 804-432-6543, spoke in OPPOSITION to safety regulations Margie Chapman, 2105 Farmington Court, Phone: 288-2222, spoke in OPPOSITION to OR overlay district Whitney Harding, 6406 Oceanfront Avenue, Phone: 813-335-2715, spoke in OPPOSITION to STR's in North End Gerrie West, 217 75th Street, Phone: 408-2989, spoke in OPPOSITION to STR's in North End Joan Davis, 2216 Sand Fiddler Road, Phone: 717-2304, did not respond Brandon Beavers, 415 16th Street, Phone: 288-8282, spoke in OPPOSITION to STR regulations Ruth Barnhardt, 2501 Arctic Avenue, Phone: 630-9616, spoke in OPPOSITION to STR regulations Jeff Stredler, 209 65th Street, Phone: 675-0032, spoke in OPPOSITION to STR's in North End John Spicer, 2113 Atlantic Avenue, Phone: 804-651-0013, spoke in OPPOSITION to STR regulations Mike Megge, 2036 Hackberry Road, Phone: 435-5201, requested City Council conduct a study on current STR regulations before making changes Lynn Hume, 2036 Hackberry Road, Phone: 621-4370, spoke in OPPOSITION to STR regulations Andrew Cohen, 7810 Oceanfront Avenue, Phone: 703-855-2184, spoke in OPPOSITION to STR regulations Nancy Parker, 604 Goldsboro Avenue, Phone: 657-4848, spoke in SUPPORT Brandi Flotten, 1804 Baltic Avenue, Phone: 773-896-8380, spoke in SUPPORT Danna Cullen, 103 64`h Street, Phone: 305-3549, spoke in SUPPORT Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council APPROVED, AS AMENDED, Ordinance re Short Term Rentals: a. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements (Requested by Vice Mayor Wood and Council Member Tower)Deferred from July 13, 2021 September 7, 2021 100 ITEM—IX.K.7a PLANNING ITEM#72019 (Continued) Voting: 6-4 Council Members Voting Aye: Michael F. Berlucchi, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R.Jones, Guy K. Tower and Rosemary Wilson Council Members Voting Nay: Mayor Robert M. Dyer, John D. Moss, Aaron R. Rouse and Sabrina D. Wooten Council Members Absent: None September 7, 2021 TOWER/WILSON ALTERNATE VERSION REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTION 241.2 OF 2 THE CITY ZONING ORDINANCE, PERTAINING TO 3 SHORT TERM RENTALS AND ESTABLISHING 4 ADDITIONAL SAFETY REQUIREMENTS 5 6 Section Amended: City Zoning Ordinance Section 7 241.2 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 Sec. 241.2. - Short term rental. 16 Short term rentals shall be subject to the following conditions unless specifically 17 modified by action of the city council in granting a conditional use permit or creating a 18 short term rental overlay district: 19 20 (1) Any property utilized as a short term rental shall provide adequate off street parking 21 for its guests. A minimum of one parking space per bedroom is required. If such parking 22 cannot be provided on-site, the owner must submit a parking plan indicating how the 23 parking requirement will be met. Such plan shall be reviewed and approved by the 24 zoning administrator. Stacking of vehicles shall be allowed and no on-street parking 25 shall be part of the plan; 26 27 (2) No events with more than fifty (50) people present, shall be held absent a special 28 events permit. Events with more than fifty (50) people are limited to no more than three 29 (3) events in a calendar year. No more than one hundred (100) people shall be present 30 at any event held on the property; 31 32 (3) The owner or operator must provide the name and telephone number of a 33 responsible person, who may be the owner, operator or an agent of the owner or 34 operator, who is available to be contacted and to address conditions occurring at the 35 short term rental within thirty (30) minutes. Physical response to the site of the short 36 term rental is not required; 37 38 (4) No signage shall be on site, except that each short term rental shall have one (1), 39 four-square foot sign, posted on the building, or other permanent structure or location 40 approved by the zoning administrator, visible from the public street, that which identifies 41 the property as a short term rental and provides the telephone number for the Short 42 Term Rental Hotline in text large enough to be read from the public street. Architectural 43 signs naming the structure are excluded; ; 44 45 (5) To the extent permitted by state law, each short term rental must maintain 46 registration with the Commissioner of Revenue's office and pay all applicable taxes; 47 48 (6) There shall be posted in a conspicuous place within the dwelling a summary 49 provided by the zoning administrator of City Code sections 23-69 through 23-71 (noise), 50 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 51 (fireworks), and a copy of any approved parking plan; 52 53 (7) All refuse shall be placed in automated refuse receptacles, where provided, and 54 comply with the requirements of City Code sections 31-26, 31-27 and 31-28; 55 56 (8) A short term rental shall have no more than two (2) rental contracts during any 57 consecutive seven (7) day period; 58 59 (9) The owner or operator shall provide proof of liability insurance applicable to the 60 rental activity at registration and renewal of at least one million dollars ($1 ,000,000.00) 61 underwritten by insurers acceptable to the city; 62 63 (10) There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.; 64 65 (11) The maximum number of persons on the property after 11 :00 p.m. and before 7:00 66 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom; 67 68 (12) Any short term rental that has registered and paid transient occupancy taxes to the 69 Commissioner of the Revenue prior to July 1 , 2018 shall be considered grandfathered 70 and shall not be required to obtain a conditional use permit, but must meet the 71 conditions of section 241.2. Any expansion of the footprint of the dwelling housing the 72 short term rental that expands the overall square footage by more than twenty-five (25) 73 percent or one thousand (1,000) square feet, whichever is less, shall have its 74 grandfathered status revoked and must immediately come into compliance with the 75 Zoning Ordinance obtain a conditional use permit to continue such use. Grandfathered 76 status shall run with the land. However, any grandfathered short term rental that 77 continuously remains vacant, or not used as a short term rental, for a period of two (2) 78 years or more, starting from the date of adoption of this ordinance, shall lose its 79 "grandfathered" designation; 80 81 (12.1) Any short term rental that received a conditional use permit between November 82 1, 2019 and September 7, 2021 and that is located within a zoning district where short 83 term rentals are not a permitted or conditional use, shall be considered grandfathered 84 and shall be permitted to continue subject to the conditions of section 241 .2 (1) through 85 (15) and (17) as modified by the terms of the conditional use permit; 86 2 87 (13) To the extent permissible under state law, interconnected smoke detectors (which 88 , 89 carbon monoxide detectors shall be installed in each short term rental; The property 90 owner or their representative shall provide to the City Planning Department permission 91 for zoning inspectors to inspect the short term rental property annually. Such inspection 92 shall include: 1) at least one fire extinguisher has been installed inside the unit, in plain 93 sight, and where it is located, 2) all smoke alarms and carbon monoxide detectors are 94 installed in accordance with the building code in affect at the time of construction and 95 interconnected. Units constructed prior to interconnection requirements must have a 96 minimum of one smoke alarm installed on every floor of the structure and in the areas 97 adjacent to all sleeping room and when activated, be audible in all sleeping rooms, and 98 3) all smoke alarms and carbon monoxide detectors have been inspected within the last 99 12 months, and are in good working order. 100 101 Properties managed by Short Term Rental Management Companies certified by the 102 Department of Planning shall only be required to be inspected every three years. The 103 inspection for compliance with the requirements above shall be performed by the Short 104 Term Rental Management Company and be documented on a form prescribed by the 105 Planning Department and shall be provided during the yearly permitting process. 106 107 Properties may be inspected annually for compliance with the requirements above by 108 certified Short Term Rental Management Companies or certified Home Inspectors. The 109 compliance inspection shall be documented on a form prescribed by the Planning 110 Department and shall be provided during the yearly permit process. 111 112 (14) Accessory structures shall not be used or occupied as short term rentals; 113 114 (15) In addition to other remedies available for violations of the city zoning ordinance, 115 upon the occurrence of a violation of the provisions of this section; a violation of any 116 local, state or federal law or regulation; a violation of a condition imposed in a 117 conditional use permit; or if the conditions for grandfathered status are no longer 118 satisfied, the city council may revoke the conditional use permit or grandfathered status 119 of a property after notice and hearing as provided in Code of Virginia § 15.2-2204; 120 provided, however, that written notice as prescribed therein shall be given at least 121 fifteen (15) days prior to the hearing_. 122 123 (16) All conditional use permits issued for short term rentals shall expire five (5) years 124 from the date of adoption. The renewal process of the conditional use permit will be 125 administrative and performed by the planning department; however, the planning 126 department shall notify the city council in writing prior to the renewal of any conditional 127 use permit for a STR, where the STR has been the subject of neighborhood complaints, 128 violations of its conditions or violations of any building, housing, zoning, fire or other 129 similar codes; and 130 131 (17) A structural safety inspection report shall be provided to the city annually every 132 three (3) years indicating all exterior stairways, decks, porches and balconies have 3 133 been inspected by a licensed design professional, qualified to perform such inspection, 134 and are safe for use. The report must indicate the maximum number of occupants 135 permitted on each level of these structures and placards indicating the maximum 136 number of occupants of all exterior stairways, decks, porches and balconies must be 137 posted on each level of these structures; Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of September , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: YQ,11IY.A Planning De artment City Attorney's Office CA15175 R-11 June 30, 2021 4 101 ITEM—IX.K.7a PLANNING ITEM#72020 Upon motion by Council Member Tower, seconded by Council Member Moss, City Council APPROVED, ALTERNATE VERSION, Ordinance re Short Term Rentals: ITEMS FOR RECONSIDERATION FROM JULY 13, 2021 CITY COUNCIL MEETING a. AMEND City Zoning Ordinance (CZO) Section 102 re ESTABLISH Short Term Rental Overlay Districts- North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) Voting: 8-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Sabrina D. Wooten Council Members Absent: None September 7, 2021 ALTERNATE VERSION 1 AN ORDINANCE TO AMEND SECTION 102 2 OF THE CITY ZONING ORDINANCE 3 ESTABLISHING SHORT TERM RENTAL 4 OVERLAY DISTRICTS — NORTH END AND 5 OCEANFRONT RESORT 6 7 Section Amended: § 102 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 102 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 102. - Establishment of districts and official zoning maps. 20 21 . . . . 22 23 (al) There are hereby established the following overlay districts: 24 25 (1) Shore Drive Corridor Overlay District ("SD"); 26 27 (2) North End Overlay District("NE"); 28 29 (3) Old Beach Overlay District ("OB"); 30 31 (4) Historic Kempsville Area Overlay District ("HK"); 32 33 (5) Workforce Housing Overlay District("WF"); and 34 35 (6) Short Term Rental Overlay District ("STR"). 36 37 a. Oceanfront Resort ("STR-OR") 38 39 Such districts shall be designated on the official zoning map by an appropriate notation 40 following the designation of the underlying zoning district. As an illustration, property in 41 the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be 42 designated on the official zoning map as having the classification "B-4(SD)." 43 44 . . . . 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h_ day of September , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY —6/1a t a O Planning Depa en � C�v t City Attorney's Office CA15136 R-8 August 19,2021 ig ° 4-15Or Dr a ‘ 4,41k Ilt•H'.. / • LitLlp •11: • •Ra ay m . Y 58 O r, c 03 ° m ?41h St eo CD RI ____..-CO" CO, -0 CO F 77 a -y Z V --- 0 19t1 St 1gt'�St 1Bt'St i I.. n l l Vir.---r ' N N g• G 0 N p. 120 St S �, Norfolk Ave y Trail co N � Lake. - to Holly 70 C a m m • y Marshview Park m _ IA, Oceanfront Resort District Boundary N Norfolk ® s,:urces:Esri,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson, NCEAS,NIS,OS,NMA,Geodatastyrelsen,Rijkswaterstaat,GSA,Geoland, 'EMA,Intermap and the GIS user community,Sources:Esri,HERE,Garmm, 2020 AO,NOAA,USGS,®OpenStreetMap contributors,and the GIS User Virginia Beach Community,City of Virginia Beach Department of Planning&Community 11 0.2 ( -I )evelopment,City of Virginia Beach Center of Geospatial Information services Coordinate System:NAI)1983 HARN Statel'Iane Virginia South FIPS 4502 Feet 102 ITEM—IX.K.7b PLANNING ITEM#72021 Upon motion by Council Member Tower, seconded by Council Member Moss, City Council APPROVED, ALTERNATE VERSION, Ordinance re Short Term Rentals: ITEMS FOR RECONSIDERATION FROM JULY 13,2021 CITY COUNCIL MEETING b. AMEND the Official Zoning Map by the designation and incorporation of property into Short Term Rental Overlay Districts-North End and Oceanfront Resort District(Requested by Vice Mayor Wood and Council Member Tower) Voting: 8-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Sabrina D. Wooten Council Members Absent: None September 7, 2021 ALTERNATE VERSION 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO 4 SHORT TERM RENTAL OVERLAY 5 DISTRICT—NORTH END; AND OR DISTRICT 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That the official zoning map of the City of Virginia Beach be, and hereby is, 14 amended by the designation and incorporation of the areas described below: 15 16 1) That property located in the City of Virginia Beach, zoned as Oceanfront Resort 17 District depicted as such on the Official City Zoning Map as shown on the 18 attached map labeled "Short Term Rental Overlay—OR District". Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day of September , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Depa ent City Attorney's Office CA15117 R-12 August 19, 2021 Cavalier Dr O = horn D r o- Little -f� 0 e c d O Clee{ Rd e\'\c v 58 1 o 133 CD ?4ih St m O CO ma R V ! 1g>h o m a. 12th St co Norfolk Ave y Trail Seatack a m m v Marshview Park o Oceanfront Resort District Boundary Norfolk r' 'Sources:Esn,Airbus DS,CSGS,NGA,NASA,CGIAR,N Robinson, NCEAS,NLS,OS,NMA,Geodatastyrelsen,Rryksaaterstaat,GSA,Geoland, -- 1:EMA,Intermap and the GIS user community,Sources:Esti,HERE,Gamin, 2020 AC,NOAA,USGS,®OpenStreetMap contributors,and the GIS User V I rg I n i a Beach :ommunity,City of Virginia Beach Department of Planning&Community 0 11.2 u.a .)evelopment,City of Virginia Beach Center of Geospatial Information \! 'Services Coordinate System:NAD 1983 HARN StatePlane Virginia South FIPS 4502 Feet 103 ITEM—IX.K. APPOINTMENTS ITEM#72022 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFA CILITY TRAFFIC AREA CITIZENS Al)VISOR Y COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD September 7, 2021 104 ITEM—IX.L. UNFINISHED BUSINESS ITEM#72023 Mayor Dyer advised one of the Body's responsibilities is to elect a Vice Mayor and appoint Lynnhaven Council Member as a result of the Honorable James L. Wood's resignation and explained under normal conditions, there is time between the November Election and January to consider who should fill the Vice Mayor seat for the next two (2)year term. Mayor Dyer advised he received feedback the Body would like to have more time to consider which of the three Council Members who are seeking the Vice Mayor position to advocate for themselves and suggested waiting until after the Retreat to hold the election. Mayor Dyer acknowledged Council Member Rouse's earlier request this evening to have a discussion and poll the Body and opened the discussion. Council Member Rouse discussed the importance of the Retreat and emphasized the short amount of time available to address each of the topics scheduled to be discussed and believes having a Vice Mayor elected to assist the Mayor would be beneficial during the Retreat. Mayor Dyer advised he would like to determine the process the Body will use to elect the Vice Mayor at the Retreat and schedule the election at a later date. Council Member Jones then made a motion, seconded by Council Member Henley, to defer the Vice Mayor Election to September 23, 2021 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Mayor Dyer advised the Body will elect a Vice Mayor during a Special Session on September 23, 2021. September 7, 2021 105 ADJOURNMENT ITEM#72024 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 9:53 P.M. Terri H. Chelius Chief Deputy City Clerk A da ar es, M Robert M. Dyer City Clerk Mayor September 7, 2021 106 OPEN DIALOGUE The following registered to speak: Vincent Smith, P.O. Box 56680, Phone: 540-847-4766, requested City Council consider allowing employees to carry concealed weapons. Barbara Messner, P. O. Box 514, expressed her frustration with short term rental regulations David Pyzewski, 1308 Eaglewood Drive, Phone: 603-9122, requested City Council follow up with him concerning Chop N Drop tree cutting service, owner admittedly caused$1,800.00 in property damages to his fence, has refused to reimburse cost for repairs and is continuing to conduct business in the City. Daphne Stagg, Phone: 615-0898, expressed concerns that the Virginia Beach City School Board is delegating its authority to the Superintendent to make policy decisions regarding transgender students. Ms. Stagg added it is against the City Charter for the School Board to delegate its power and requested City Council investigate. Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, expressed his condolences regarding the passing of the Honorable Reba McClannan and requested City Council make a decision to fill the Vice Mayor seat. Robert Dean, 1204 Shawn Drive,Phone:287-8694, expressed his concern that he was not allowed to enter a Virginia Beach City Public School Board rally while holding a miniature American flag. Mr. Dean advised he was informed the rule was written in the School Board Bylaws but could not be furnished a copy at the time. Mr. Dean explained the next day he read the School Board Bylaws and there was no such rule written and advised the following week he again attended a School Board rally and was allowed entrance while holding a miniature American Flag. Mr. Dean requested Mayor Dyer look into the legal guidance provided to the School Board. ADJOURNED at 10:14 P.M. September 7, 2021