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HomeMy WebLinkAboutOCTOBER 5, 2021 FORMAL SESSION MINUTES Sf V` y94-bZYk S'16e o�S 5:q' S OF Ol'R .p V:f'S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 5, 2021 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday, October 5, 2021, at 3:30 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCIL'S BRIEFINGS MAYOR'S IDEA COMMISSION ITEM#72075 3:30P.M. Mayor Dyer welcomed Dr. Amelia Ross-Hammond — Chair. Dr. Ross-Hammond expressed her appreciation to City Council for their continued support: MAYOR'S IDEA COM 101\1 Chair: Dr. Amelia Ross-Hammo .u• October j 2021 Here are some of the questions members of the community were asked: WHAT DID WE ASK? 11.-4 •What concerns or problems do you see in VB in the areas of inclusion,diversity,equity,and accessibility? •What indicators do you have that those are problems? •What ideas do you have to begin to solve the problems you identified? •What do you think we should begin work on first? October 5, 2021 3 CITY COUNCIL'S BRIEFINGS MAYOR'S IDEA COMMISSION ITEM#72075 (Continued) Here is the feedback provided: What concerns or problems did they discuss? •Poor promotion of resources available •Transportation:especially for those with •City needs more communication with the disabilities community •Accessibility to affordable housing •Mental Health Issues—lack of awareness, •Need more diversity in city leadership support,services •City personnel not equipped to handle diverse •Access to affordable healthcare populations •Affordable childcare •Dverse programs needed •Poor relationships with law enforcement •Inequity in(government)funding across the City, schools,services,with organizations INDICATORS THE GROUP BRAINSTORMED •Incarceration Statistics •Increase in graffiti •Increase in suicide •Mental health issues being treated in •Lack of multiple means of public the wrong place,i.e.jail or school transport •Personal experience with city/school •Summer of protests staff not equipped to handle language differences,special needs of •Point in time count of homeless customers,etc. persons •Complaints received—Atlantic Avenue •Increasing violence statistics Association miimmo October 5, 2021 4 CITY COUNCIL'S BRIEFINGS MAYOR'S IDEA COMMISSION ITEM#72075 (Continued) Here are some of the ideas that were shared: WHAT ARE THEIR IDEAS? •Create a Diversity and Inclusion Office •Regional Taskforce in the City •Subsidized transportation options •More training on I&D for City staff •Make websites more accessible •More transparent communication with •Regional Mental Health Facility the community •Work to learn program and training •Create flexible/affordable housing incentives for people to enter overwhelmed fields •Need more diverse decision makers for Oceanfront programming •Promote existing services more effectively mmmil Feedback from the community was categorized and prioritized: WHAT SHOULD WE WORK ON FIRST? Category Comments Mental Health Contributing factor to incarceration Need facilities to treat substance abuse Regional Mental Health Facility City Services Create Office of Inclusion and Diversity Training for I&D for city staff Increased communication with community Promotion of available resources Provide materials that are accessible to all Housing/Homelessness More contracts are needed for affordable permanent housing. Transportation Difficulty getting to city services Lack of options,especially for individuals with disabilities and low income. Diverse Programming Increase programs for diverse cultures. The Virginia African American Cultural Center October 5, 2021 5 CITY COUNCIL'S BRIEFINGS MAYOR'S IDEA COMMISSION ITEM#72075 (Continued) Here are the Next Steps: NEXT STEPS • Finalize Working Groups • Survey the commission for interest in serving on a working group • Openly communicate working groups and send out call for participation to the community • One Virginia Plan r ,emu w -- r) OA . ,` - It. .� E .� ' , ; , _,. &--- -,, ' 11 , if •- 1 , r lip .. A THAN K YOU! Mayor Dyer expressed his appreciation to Dr.Amelia Ross-Hammond for the presentation. October 5, 2021 6 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM BOND REFERENDUM ANALYSIS(ODUREPORT) ITEM#72076 3:53 P.M. Mayor Dyer welcomed Robert McNab, Professor—Economics. Dr.McNab expressed his appreciation to City Council for their continued support: • OLDDOMINION i.'. - 4""4 UHIVtlSl11 Pay Now or Pay More Later: a,, ,P • fir_ Economic Impact Analysis of Recurrent Flooding in .a v.) Virginia Beach ' rr� , • Robert M.McNab -401 Dragas Center for Economic Analysis and Policy = 4• Strome College of Business �„�,�„��_', , Old Dominion University, i -*Waft ;ram t, _:tit" October 5, 2021 - - Here is, Bottom Line Up Front: Bottom Line Up Front • The damages from recurrent flooding to homes,businesses,and economic activity are projected to increase over time. • To estimate the costs(building infrastructure)and benefits(mitigating flooding),we account for inflation,the time value of money,and leakages from the Virginia Beach economy. Unmitigated flooding from 2021 to 2069 generates between$4.6 and$5.9 billion in financial losses in 2021 dollars. The real net present value of the economic impacts of the approved and proposed projects ranges from$6 1 billion to$7.9 billion in 2021 dollars. • Every$1 invested In Infrastructure mitigates about$13 In financial damages and,after accounting for ripple effects,mitigates approximately$19 in economic losses. «.u..a..•„•,..•an••,,«.&7%��•.e,At•wq..•,•.w,in.<o,c,«.o,m tac•�on...e mod %&kep«a o,.wno„..,d,c AS ,.a.u«nt«.,Me. l.caAUA1.•izn.%gfl(!, ,..,e„u.«w Iwk•y«r»a,!, «•,w•$FcAA&?&Moen mma•.i,nw•m.,,w A,.«.m««. October 5, 2021 7 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM BOND REFERENDUM ANALYSIS(ODUREPORT) ITEM#72076 (Continued) Damage Estimates } it Data from the Dewberry Study was used to provide the Average Annualized Loss from Coastal Flooding estimates below: Average Annualized Loss from Coastal Flooding Virginia Beach,2021—2069 $400 $350 $349.1 $300 $250 f$200 S$150 $100 $99.9 $74.7 $50 ■$0 2021-2039 2040-2059 2060-2069 Iwcw.D.vbwry(ID30)w Orapm<wiw b EcwwmK M Syds and PS y(0001)bawd on MdiO3 wlmaM b a.....tl Ott I.I-Ot 4ILL and IAw YI w�w.n.. October 5, 2021 8 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM BOND REFERENDUM ANALYSIS(ODU REPORT) ITEM#72076 (Continued) Here is an overview of Modeling Impacts: Modeling Impacts We construct two scenarios to explore the impacts of recurrent flooding in Virginia Beach. The baseline scenario Uses the Office of Management and Budget's guidance on the discount rate(7%) Uses the Congressional Budget Office's 10-year Inflation assumptions Assumes moderate leakages of construction spending The alternative scenario Uses the discount rate of 2.5%per the Water Resources Development Act of 1974 Assumes higher rates of inflation over the ten-year construction horizon Assumes leakages are more significant,reducing the spending impacts in Virginia Beach Sensitivity analysis We increase the discount rate to 10%(and above). We explore how diminished flood mitigation effectiveness impacts the benefit-cost ratios. This approach provides estimates of the real net present value of the proposed projects and explores whether the benefit-cost ratio falls below 1 as assumptions change. This chart provides the Present Value of Losses from Coastal Flooding: Present Value of Losses from Coastal Flooding Virginia Beach,Existing and Future Flood Conditions,2021—2069 $3,500 $3,131.9 $3,000 v $2,623.7 52,500 0 0 N$2,000 $1,597.0 N 51,500 o $1,146.9 $1,132.9 $1,000 $826.1 5500 50 2021-2039 2040-2059 2060-2069 Baseline Scenario Alternative Scenario score..Mafia,cminkr[co—c,-n.b.n and?S yGoalea..d on x4us..emaN.lac tortoni sit.15.toot.ane Y looi su.c.nam. October 5, 2021 9 CITY COUNCIL'S BRIEFINGS FLOOD PROTECTION PROGRAM BOND REFERENDUM ANALYSIS(ODU REPORT) ITEM#72076 (Continued) This chart provides the Net Present Value of Losses from Coastal Flooding: Net Present Value of Losses from Coastal Flooding Virginia Beach,Existing and Future Flood Conditions,2021—2069 $6,000 $5,458.7 $5,000 $4,240.2 8$4,000 N $3,000 $2,520.0 948.O$2,000 $1, 9 f $1,051.9 $1,000 $803.2 . ■ $0 25%Mitigation 50%Mitigation 100%Mitigation •Baseline Scenario ■Alternative Scenario foscoS.pogo Cs.Is Fa*Aaal,i sad Poe,( 1)lreag on lAE13o.b.do IS anent Kt I.D-loot ILL and 3-bal3l1. .. 0I The Benefit-Cost Ratios of Current and Proposed Projects is for every dollar invested, thirteen (13) dollars are saved in future losses: Benefit-Cost Ratios of Current and Proposed Projects Virginia Beach 16 14.1 14 13A 12 oe 10 8 6.7 7.0 6 4 3.3 33 0 II 25%Mitigation 50%Mitigation 100%Mitigation •Baseline Scenario a Alternative Scenario Soutco:Moore Center.Economic Andy.reM Iagcy(Sa31)beted an HAM tea An currant Sit 1.5.loot SII.and 3-loot SLR scene. . Mayor Dyer expressed his appreciation to Dr. McNab for the presentation. October 5, 2021 10 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72077 4:18 P.M. There were no City Council Initiatives. October 5, 2021 11 CITY COUNCIL LIAISON REPORTS ITEM#72078 4:19 P.M. Council Member Moss advised he and Council Member Jones attended the Stormwater Management Task Force Meeting on Friday, October IS`, and complimented the staff and industry leaders for their professionalism. Council Member Moss advised his guidance to the Task Force is to take the time necessary to provide recommendations rather than rushing to meet the deadline. October 5, 2021 12 CITY COUNCIL LIAISON REPORTS ITEM#72079 (Continued) Council Member Berlucchi advised on tonight's Agenda, there is a proposed Ordinance to add student members to the Clean Community Commission and is an outcome from the Citizens Committee on Boards and Commissions (CCBC) to allow more student voices to be heard. Council Member Berlucchi advised if the Ordinance is adopted, there will be seven (7) Boards and Commissions with appointed student members. Council Member Henley advised the CCBC has been meeting faithfully for several months and reviewing everything that relates to the Boards and Commissions Program and believes the Body will be pleased with the recommendations they provide. October 5, 2021 13 CITY COUNCIL LIAISON REPORTS ITEM#72080 (Continued) Council Member Henley advised the Green Ribbon Committee (GRC) has items they will be monitoring within the Legislative Package relating to tree preservation and funding requested through participation in the Virginia Conservation Assistance Program (VCAP). Council Member Henley would like the Body to do a better job in staying in touch with the General Assembly to know what the status is on proposed Legislative Package items. October 5, 2021 14 CITY COUNCIL LIAISON REPORTS ITEM#72081 (Continued) Council Member Henley expressed her sincere appreciation for the Human Services Departmental staff, as well as members of the Community Services Board (CSB), who have worked tirelessly providing mental health services. Council Member Henley advised since the pandemic, mental health issues have been exasperated in many different ways, including mental health staff shortages, and requested funding to compensate current staff and to fill shortages. Council Member Henley additionally, requested a briefing on the City's staff shortages. Council Member Henley further advised while she has been discussing mental health, information was spread that she is opposed to tonight's proposed Ordinance to Authorize a$200,000 Grant to the Hampton Roads Workforce Council for mental health worker recruitment and retention bonuses. Council Member Henley advised she wanted to defer the Ordinance to allow more time to explore more creative options to provide assistance. Council Member Henley advised she reviewed a report, based on a similar grant awarded to the tourism industry for $400,000, and learned only $19,000 has been expended to nineteen (19)employees with twenty(20)more in the pipeline. Council Member Henley advised the proposed grant is to be modeled after the previous one and would like to have a better understanding of the model. Council Member Berlucchi advised he is the sponsor of the proposed grant and has focused on providing solutions to improve mental health for years, adding the proposed grant is only one (1) tool to provide assistance and is not a complete solution. October 5, 2021 15 CITY COUNCIL LIAISON REPORTS ITEM#72082 (Continued) Council Member Moss advised the Virginia Beach Community Development Coalition (VBCDC)received their audit with outstanding results. Council Member Moss advised the occupancy rates are up to 98%in their units and the new leadership has done a superb job. October 5, 2021 16 CITY COUNCIL LIAISON REPORTS ITEM#72083 (Continued) Council Member Tower advised Eva Poole, the Public Libraries Director, has announced she will retire at the end of this year. Council Member Tower advised he was a member of the Public Library Board prior to serving on City Council and expressed how impressed he has been with the wonderful job Mrs. Poole has done and wished her all of the best in her future endeavors. October 5, 2021 17 CITY COUNCIL COMMENTS ITEM#72084 3:25 P.M. Council Member Moss advised he is not comfortable appointing individuals to fill vacant City Council seats and believes a Special Election should take place to allow citizens to vote. Council Member Moss is proposing a change to the City's Charter to hold a Special District Election within sixty(60) days of City Council vacancies. Council Member Moss believes it will be supported by the General Assembly and allow the residents to choose. 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. October 5, 2021 18 CITY COUNCIL COMMENTS ITEM#72085 (Continued) Council Member Moss requested to see the proposed legislative packages from other regional authorities to see if there are other items the Body would like to take a position on. October 5, 2021 19 CITY COUNCIL COMMENTS ITEM#72086 (Continued) Council Member Moss reminded the Body of his request to have the real estate sales tax revenue information included in the five year forecast in order to compare the appraisals between January and June. October 5, 2021 20 CITY COUNCIL COMMENTS ITEM#72087 (Continued) Council Member Henley expressed her appreciation of the work Dominion Energy has done to contact people concerning the potential transmission line routes and for the time they took to provide her a tour to see them. October 5, 2021 21 CITY COUNCIL COMMENTS ITEM#72088 (Continued) Council Member Holcomb advised the despicable behavior of the resident on Jassamine Court has ceased. City Manager Duhaney confirmed and advised the police will continue to monitor. Mayor Dyer advised he and Council Member Wooten plan to visit Mrs.Martinez and her family. Council Member Wooten advised she has received feedback from Mrs. Martinez and the community who are counting on laws to protect them from similar terrorizing behavior. October 5, 2021 22 CITY COUNCIL COMMENTS ITEM#72089 (Continued) Vice Mayor Wilson requested the Senior Citizen Tax Relief and Exemption Program be reviewed to ensure there are no necessary updates since it was established in 2007. Council Member Moss advised there was a change since then to remove the requirement to report income for those with reverse mortgages. Council Member Henley advised approximately five (5)years ago the program was studied, and it was recommended the program be reviewed annually going forward. Kevin Chatellier, Director—Budget and Management Services, advised the program is reviewed annually and there are no recommendations for adjustments to be made for this year. October 5, 2021 23 AGENDA REVIEW SESSION ITEM#72090 5:03 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Chapter 35.5 of the City Code Section re Commercial Property Assessed Clean Energy(C-Pace)Financing and Resiliency Program (Requested by Vice Mayor Wilson, Council Members Berlucchi and Tower) 2. Ordinance to AMEND Section 2-5.1 of the City Code re to the members of the Historical Review Board with professional training or equivalent experience in certain related fields 3. Ordinance to AUTHORIZE the acquisition of property in fee simple for the construction of a City- Operated dredge transfer station re to serve the Eastern Branch Lynnhaven River Dredging Project, CIP#100152, either by agreement or condemnation 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Marlin Lane, adjacent to 2477 Sandfiddler Road re retain and maintain fifteen (15) trees and four(4)bushes 5. Resolution to ADD Student Members to the Virginia Beach Clean Community Commission (Requested by Council Member Holcomb) 6. Resolution to PROVIDE for May 31'Memorial Committee Membership and responsibilities 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with Atlantis Preservation LP and ACCEPT and APPROPRIATE a $25,000 donation from Atlantis Preservation LP to the FY 2021-22 Parks and Recreation Operating Budget re to implement programming for residents of the Atlantis Apartment 8. Ordinance to AUTHORIZE a$200,000 Grant to the Hampton Roads Workforce Council re mental health worker recruitment and retention bonuses(Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, and Wooten) 9. Ordinance to AWARD a$5,000 Community Service micro-grant to the Hispanic Resource Center October 5, 2021 24 AGENDA REVIEW SESSION ITEM#72090 (Continued) 10. Ordinance to ACCEPT$42,709 from the Department of Criminal Justice Services to the FY 2021- 22 Human Services Operating Budget re Human Services Community Corrections and Pretrial Services Division K. ORDINANCES/RESOLUTIONS: ITEM#3 WILL BE CONSIDERED SEPARATELY VICE MAYOR WILSON FILED A DISCLOSURE FOR ITEM#3 ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#8 October 5, 2021 25 AGENDA REVIEW SESSION ITEM#72091 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. LYNNHAVEN DIVE CENTER,LLC/BLUE WATER PROPERTIES,LLC&SLMD,LLC for a Conditional Use Permit re vocational school and a Variance to Section 4.4(b)of the Subdivision Regulations re lot width at 2204 Poplar Point Road& 1413 North Great Neck Road DISTRICT 5 —LYNNHAVEN 2. TVT I, LLC, D/B/A TOWER VENTURES C/O LOU KATZERMAN/PLEASANT VALLEY ASSOCIATES,LLC,for a Modification of Conditions re communication tower at 4221 Pleasant Valley Road DISTRICT 1—CENTERVILLE 3. YVONNE LEE HYPES LUCAS& ESTHER DIANE SCHNEIDER, CO-EXECUTRIXES OF THE ESTATE OF VARENIA CRAIG HYPES RYAN for a Change of Zoning from B-1 Neighborhood Business District to R-5R Residential Resort District re single-family dwelling at 4504 Guam Street DISTRICT 4—BAYSIDE 4. JENITA WHITE for a Conditional Use Permit re family day-care home at 1109 Malcoms Way DISTRICT 2—KEMPSVILLE 5. Ordinances to AMEND City Zoning Ordinances(CZO): a. Section 602 re dimensional requirements in Apartment Districts b. Section 1306 re ADD assembly uses as Conditional Uses in Historic and Cultural Districts October 5, 2021 26 ITEM#72092 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: PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees October 5, 2021 27 ITEM#72092 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 5:08 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 5:08 P.M. — 5:40 P.M. Closed Session 5:40 P.M. — 5:59 P.M. October 5, 2021 28 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL OCTOBER 5, 2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, October 5, 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Reverend Kathleen "Kate"Morrisette Bobbitt, Galilee Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. October 5, 2021 29 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. October 5, 2021 30 ITEM— VLE CERTIFICATION ITEM#72093 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 1t31A'BEA Ott v,�Tim, 4,11 fj GF OUR M0,04S 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#72092 on Page 27 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. a a es, MMC City Clerk October 5, 2021 31 ITEM— VLF MINUTES ITEM#72094 Upon motion by Council Member Tower,seconded by Council Member Wooten, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 21, 2021 and the SPECIAL SESSION of 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 32 ITEM— VLG MAYOR'S PRESENTATION ITEM#72095 RESOLUTION IN RECOGNITION JAMES L. WOOD Mayor Dyer welcomed the Honorable James L. Wood,former Vice Mayor and Lynnhaven District Council Member, and presented him with a Resolution recognizing his commitment to public service since elected in 2002. Mr. Wood was re-elected four (4) additional terms and served as Vice Mayor since 2018. Mr. Wood was recognized for his staunch support of the City's public safety agencies and his contributions to crafting two(2) budgets without raising taxes or fees. Mr. Wood expressed his appreciation and advised it has been a true honor serving the City for the past nineteen (19) years. Mr. Wood calculated during his service, there were thirty (30) different Council Members,four (4) Mayors, three (3) City Managers with two (2) interim City Managers, two (2) City Attorneys, two (2) City Real Estate Assessors, two (2) City Clerks and one (1) City Auditor. Mr. Wood expressed his appreciation to the members of City Council who are some of the finest people he has worked with as well as the City's employees who are phenomenal and part of what makes the City a great place. October 5, 2021 z . to .. er • ��9ke ego` lip OUR NATo° RESOLUTION WHEREAS:James L. "Jim"Wood graduated from Princess Anne High School in 1981,earned a Bachelor of Science degree with special attainments in commerce from Washington and Lee in 1985,and a Master of Arts degree in history from Sam Houston University in 2016;and WHEREAS:Jim served as a Virginia Beach Police Officer assigned to various specialty units, including DUI enforcement and a precinct-level and-crime team;and WHEREAS:Jim was elected to City Council in 2002 and reelected four times as the Lynnhaven District representative, and in 2018 was elected and reelected in 2019 as Vice Mayor by members of the City Council;and WHEREAS:Jim served as City Council liaison to the Audit Committee, Bayfront Advisory Commission, Board of Building Code of Appeals, Domestic Violence Fatality Review Team, Green Ribbon Committee, Health Services Advisory Board, Military Economic Development Alliance Committee, Oceans Land Use Conformity Committee, Sister Cities Association of Virginia Beach, Virginia Aquarium and Marine Science Center Foundation and the Volunteer Council;and WHEREAS:Jim was also a commissioner and two-time past chairman of the Transportation District of Hampton Roads(HRT),was appointed by the Virginia Senate to the Joint Subcommittee to Address Recurrent Flooding,and WHEREAS:Jim was a staunch supporter of the City's public safety agencies and a tireless champion of the City's Emergency Medical Services(EMS)and Volunteer Rescue Squads, where he was a frequent speaker at events and departmental award programs,highlighting the Council's support for the City's emergency medical responders;and WHEREAS:Jim was instrumental in crafting the past two budgets by crafting and brokering support for the City's $2.2-Billion budget,supporting the city's priorities without tax or fee increases. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby congratulate and offer sincere appreciation to JAMES L. `JIM"WOOD for his many achievements and honor a public servant who deserves our deepest gratitude and respect for all that he has done for the City of Virginia Beach and its citizens. Given under our hands this.9"day of October,2021. 61AJAVI CA. Council Member Michael F.Berlucchi Council Member Barbara M.Henley *turk. t )1(if fly nc' Membe "Rocky"Holcomb Council Memb Louis R.Jones Council Member John D.M (1. te Cou it Member Aaron R.Rouse Cou cif Member Guy K.Tower Council Member Sabrina D.Wooten 4144114-4 Vice Mayor Rose ikon Mayor Robert Bobby" P er 33 ITEM— VLH.1 PUBLIC COMMENT ITEM#72096 Mayor Dyer advised due to the large number of speakers registered to speak on the Lynnhaven City Council Member appointment, the Public Comment will be held following the vote on the two(2) Ordinances that have registered speakers to allow applicants and staff the opportunity to leave. October 5, 2021 34 ITEM— VLI.1 PUBLIC HEARINGS ITEM#72097 Mayor Dyer DECLARED a PUBLIC HEARING: APPROPRIATION OF FUNDS FROM THE AMERICAN RESCUE PLAN ACT(ARPA) The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION John Zirkle, 233 Bridge Landing Court, Phone: 348-4844, requested funding for the hospitality industry Jimmy Capps, 40 Cardinal Road, Phone: 266-2638, requested funding for the hospitality industry Mark DesRoches, 2901 South Lynnhaven Road#400, Phone: 498-3000, did not respond Pete Nixon, Phone: 466-8940, requested funding for the proposed 17th Street BMP stormwater project Dennis Stebbins, 2513 Longdale Court, Chesapeake, requested funding for the Virginia Beach Restaurant Association There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 5, 2021 35 ITEM— VLI.Ia/b PUBLIC HEARINGS ITEM#72098 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION,BY AGREEMENT OR CONDEMNATION a. Temporary and Permanent Easements re Thaila Creek Greenway Phase 3 Project, CIP #100415(formerly CIP#4-079) b. Temporary and Permanent Easements necessary re Sandbridge Road-Nimmo Parkway Phase VII--A Project, CIP#100356(formerly CIP#2-078) 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 October 5, 2021 36 ITEM— VLJ FORMAL SESSION AGENDA ITEM#72099 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 K: 1, 2, 4, 5, 6, 7, 9 and 10 and Planning Items L: 1, 2, 3, 4 and 5a/b Upon motion by Vice Mayor Wilson, seconded by Council Member Tower, City Council ADDED RESOLUTION to Rename the Thalia Emergency Medical Services Station as, "The James L. Wood Thalia Emergency Medical Services Station"(Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Henley, Holcomb,Jones,Moss, Tower, and Wooten) 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED,BY CONSENT, Agenda Items Ordinances/Resolutions K: 1, 2, 4, 5, 6, 7, 9, 10 and 11 (ADD ON) and Planning Items L:1, 2, 3, 4 and 5a/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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None K ORDINANCES/RESOLUTIONS: VICE MAYOR WILSON FILED A DISCLOSURE FOR ITEM#3 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#8 October 5, 2021 37 ITEM— VI.K1 ORDINANCES/RESOLUTIONS ITEM#72100 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to ADD Chapter 35.5 of the City Code Section re Commercial Property Assessed Clean Energy(C-Pace)Financing and Resiliency Program (Requested by Vice Mayor Wilson, Council Members Berlucchi 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI AND TOWER 1 AN ORDINANCE TO ADD CHAPTER 35.5 OF 2 THE CITY CODE PERTAINING TO 3 COMMERCIAL PROPERTY ASSESSED CLEAN 4 ENERGY (C-PACE) FINANCING AND 5 RESILIENCY PROGRAM 6 7 Sections Added: §§ 35.5-1 through 35.5-8 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Chapter 35.5 is hereby added to the Code of the City of Virginia Beach and 13 ordained to read as follows: 14 15 CHAPTER 35.5 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY(C-PACE) 16 FINANCING AND RESILIENCY PROGRAM 17 18 Article I. - In General 19 20 Sec. 35.5-1. Purpose. 21 22 The purpose of this Chapter is to create a "The City of Virginia Beach Commercial 23 Property Assessed Clean Energy (C-PACE) Financing Program," in accordance with the 24 Commonwealth of Virginia's Clean Energy Financing Law, Va. Code § 15.2-958.3 25 (hereinafter the "C-PACE Act"). The C-PACE Program will facilitate loans made by Capital 26 Providers to Borrowers to finance renewable energy production and distribution facilities, 27 energy efficiency improvements, water usage efficiency, resiliency and stormwater 28 management improvements. The C-PACE Program shall include types of authorized 29 improvements enacted by the General Assembly after the date of adoption of this 30 ordinance provided such types of authorized improvements are included in the C-PACE 31 Act. Subject to the limitations set forth in this Chapter, the C-PACE Act, or other 32 applicable law, each C-PACE Loan, inclusive of principal, interest, and any financed fees, 33 costs, or expenses, will be secured by a voluntary special assessment lien on the property 34 that is the subject of such Loan. 35 36 Sec. 35.5-2. — Definitions. 37 38 Borrower means (i) the owner(s) of Eligible Property who voluntarily obtain(s) a C- 39 PACE Loan from a Capital Provider in accordance with the Program Guide; or (ii) a 40 successor in title to the Borrower. 41 42 Borrower Certification means a notarized certificate from Borrower, certifying that 43 (i) Borrower is current on payments on loans secured by a mortgage or deed of trust lien 44 on the Property and on Real Estate Tax payments, (ii) that the Borrower is not insolvent 45 or in bankruptcy proceedings, and (iii) that the title of the Property is not in dispute, as 46 evidenced by a title report or title insurance commitment from a title insurance company 47 acceptable to Program Administrator and Capital Provider. 48 49 Capital Provider means (i) a private lending institution that has been approved by 50 the Program Administrator in accordance with the Program Guide to originate a C-PACE 51 Loan and its successors and assigns; or (ii) the current holder of a C-PACE Loan. 52 53 City means the City of Virginia Beach, Virginia. 54 55 Commonwealth means the "Commonwealth of Virginia." 56 57 Council means the City Council of the City of Virginia Beach, Virginia. 58 59 C-PACE means Commercial Property Assessed Clean Energy. 60 61 C-PACE Act means Virginia's "financing clean energy programs" law, § 15.2-958.3 62 of the Va. Code. 63 64 C-PACE Amendment means an amendment of the C-PACE Lien executed by 65 Capital Provider without consent from Borrower, as permitted in the C-PACE Documents, 66 which C-PACE Amendment shall be recorded in the Clerk's Office to evidence each 67 amendment to the C-PACE Loan. 68 69 C-PACE Assignment means a written assignment of the C-PACE Payments and/or 70 C-PACE Lien pursuant to the terms of the assignment document. 71 72 C-PACE Documents means the C-PACE Program Agreement, Financing 73 Agreement, C-PACE Lien Certificate, C-PACE Note, C-PACE Assignment (if any), C- 74 PACE Amendment (if any), and any other document, agreement, or instrument executed 75 in connection with a C-PACE Loan. 76 77 C-PACE Lien or Lien means the voluntary special assessment lien levied against 78 the Property as security for the C-PACE Loan. 79 80 C-PACE Lien Certificate means the voluntary special assessment lien document 81 duly recorded among the Land Records against an Eligible Property to secure a C-PACE 82 Loan. 83 84 C-PACE Loan or Loan means a loan from a Capital Provider to a Borrower to 85 finance a Project, in accordance with the Program Guide. 86 87 C-PACE Note means a promissory note executed by Borrower made payable to 88 Capital Provider in the original principal amount of the C-PACE Loan, including without 89 limitation, any and all modifications, restructurings, extensions, consolidations, 90 amendments and/or assignments thereof, a form of which C-PACE Note is attached to 91 the C-PACE Program Agreement. 92 93 C-PACE Payment means the periodic installment payments of the C-PACE Loan 94 by a Borrower, due and payable to the City or Capital Provider as permitted by the C- 95 PACE Act in such amounts and at such times as described in the C-PACE Documents. 96 97 C-PACE Program or Program means the program established by the City through 98 this Chapter, in accordance with the C-PACE Act, that facilitates the financing of Eligible 99 Improvements and provides for a C-PACE Lien to be levied and recorded against the 100 Property to secure the C-PACE Loan. 101 102 C-PACE Program Agreement means the Agreement executed between the 103 Borrower, City, and Capital Provider, and their respective successors and assigns, which 104 includes the terms and conditions for participation in the C-PACE Program; the 105 Borrower's acknowledgment and consent for the City to impose a voluntary special 106 assessment and record a C-PACE Lien Certificate against the Borrower's Eligible 107 Property; and a summary of the terms of the C-PACE Loan. A copy of the draft C-PACE 108 Program Agreement is included herein as Appendix A-1. 109 110 Clerk's Office means the Clerk of the Circuit Court's Office of the City of Virginia 111 Beach, Virginia. 112 113 Delinquent Payment means any C-PACE Payment that was not paid by a Borrower 114 in accordance with the C-PACE Documents. 115 116 Eligible Improvement means the initial acquisition and installation of clean energy, 117 energy efficiency, water efficiency, resiliency or stormwater management improvements 118 for both existing properties and new construction, as further prescribed in this Chapter 119 and the Program Guide. The Eligible Improvements shall include types of authorized 120 improvements enacted by the General Assembly after the date of adoption of this 121 ordinance provided such types of authorized improvements are included in the C-PACE 122 Act. 123 124 Eligible Property or Property means real property located within the City, with all 125 buildings located or to be located thereon whether vacant or occupied, improved or 126 unimproved, and regardless of whether such real estate is currently subject to taxation by 127 the City, excluding i) a residential dwelling with fewer than five (5) units, and (ii) a 128 residential condominium as defined in Va. Code § 55.1-2100. 129 130 Financing Agreement means the written agreement, as may be amended, 131 modified, or supplemented from time to time, between a Borrower and a Capital Provider, 132 regarding matters related to the extension and repayment of a C-PACE Loan to finance 133 Eligible Improvements. 134 135 Land Records means the land records of the Clerk of the City of Virginia Beach 136 Circuit Court. 137 138 Lender Consent means a written subordination agreement executed by each 139 mortgage or deed of trust lienholder with a lien on the Property that is the subject of a C- 140 PACE Loan, which allows the C-PACE Lien to have senior priority over the mortgage or 141 deed of trust liens. 142 143 Loan Amount means the aggregate amount of a C-PACE Loan, inclusive of 144 principal, interest, and any financed fees, costs, and/or expenses, as provided for in the 145 C-PACE Documents. 146 147 Program means the City C-PACE financing program established to provide C- 148 PACE Loans to Borrowers in accordance with the C-PACE Act, this Chapter, the C-PACE 149 Documents,and the Program Guide. 150 151 Program Administrator means the person or entity retained by the City to 152 administer the Program in accordance with the requirements of the C-PACE Act, this 153 Chapter, and the Program Guide. 154 155 Program Fee(s) means the fee(s) authorized by the C-PACE Act and charged to 156 participating Borrowers to cover the costs to design and administer the Program, 157 including, without limitation, compensation of the Program Administrator and recovery of 158 expenses incurred by the City. 159 160 Program Guide means a comprehensive document setting forth the procedures, 161 eligibility rules, restrictions, Program Fee(s), responsibilities, and other requirements 162 applicable to the governance and administration of the Program. 163 164 Program Manager means the City Manager or such person designated in writing 165 by the City Manager to supervise the Program and act as liaison with the Program 166 Administrator. 167 168 Project means the construction or installation of Eligible Improvements on Eligible 169 Property. 170 171 Stabilized Value means the market value of the Property after it reaches stabilized 172 occupancy as evidenced by an appraisal of the Property. 173 174 Stabilized Occupancy means the occupancy level that an income producing 175 Property is expected to achieve after the Property is exposed to the market for lease over 176 a reasonable period of time and at comparable terms and conditions to other similar 177 properties. 178 179 Useful Life means the normal operating life of the fixed asset as determined by 180 Generally Accepted Accounting Principles (GAAP). 181 182 Va. Code means the Code of Virginia of 1950, as amended. 183 184 Sec. 35.5-3. - Effective date. 185 186 This Chapter shall become effective immediately following its adoption. 187 188 ARTICLE II. - PROGRAM STRUCTURE 189 190 Sec. 35.5-4. - C-PACE Program; Eligible Improvements. 191 192 (a) C-Pace Program. The C-PACE Program shall be available throughout the City of 193 Virginia Beach, provided that the Borrower, the Property, and the proposed Eligible 194 Improvements all qualify for the Program. The following types of Eligible 195 Improvements may be financed with a C-PACE Loan: 196 197 (1) Renewable energy production and distribution facilities (e.g., solar 198 photovoltaic, solar thermal, wind, wave and/or tidal energy, and the storage 199 and/or distribution of the energy produced thereby); 200 201 (2) Energy usage efficiency systems (e.g., high efficiency lighting and building 202 systems, heating, ventilation, and air conditioning (HVAC) upgrades, air 203 duct sealing, high efficiency hot water heating systems, building shell or 204 envelope improvements, reflective roof, cool roof, or green roof systems, 205 and/or weather-stripping); 206 207 (3) Water usage efficiency improvements (e.g., recovery, purification, recycling, 208 and other forms of water conservation); 209 210 (4) Resiliency improvements may include mitigation of flooding or the impacts 211 of flooding or stormwater management improvements with a preference for 212 natural or nature-based features and living shorelines as defined in Va. 213 Code § 28.2-104.1. 214 215 (5) Construction, renovation, or retrofitting of a Property directly related to the 216 accomplishment of any purpose listed in subsections (1), (2), (3) or (4) 217 above, whether such Eligible Improvement was erected or installed in or on 218 a building or on the ground; it being the express intention of the City to allow 219 Eligible Improvements that constitute, or are a part of, the construction of a 220 new structure or building to be financed with a C-PACE Loan; or, 221 222 (6) Any other category of improvement approved by the Program Administrator 223 with the consent of the Program Manager as qualifying for financing under 224 the C-PACE Act and the Program including amendments to the C-PACE Act 225 authorizing additional Eligible Improvements. 226 227 (b) Use of C-PACE Loan Proceeds. The proceeds of a C-PACE Loan may be used to 228 pay for the construction, development, and consulting costs directly related to 229 Eligible Improvements, including without limitation, the cost of labor, materials, 230 machinery, equipment, plans, specifications, due diligence studies, consulting 231 services (e.g., engineering, energy, financial, and legal), Program Fees, C-PACE 232 Loan fees, capitalized interest, interest reserves, and C-PACE transaction 233 underwriting and closing costs. 234 235 (c) Program Applications; Prioritization. The Program Administrator will develop a 236 Program application process that allows for the review and approval of proposed 237 Eligible Improvements and C-PACE Documents. Program applications will be 238 processed on a first come, first serve basis; provided, however, that the applicant 239 meets eligibility requirements as set forth in the Program Guide. 240 241 Sec. 35.5-5. - C-PACE Loan Requirements; Program Fees; Reporting; Program 242 Administrator; Program Guide. 243 244 Lai Source of Loans. C-PACE Loans shall be originated by Capital Providers. The City 245 and/or its respective governmental entities shall have no obligation to originate or 246 guarantee any C-PACE Loans. 247 248 ) C-PACE Loan Amount Thresholds. The minimum Loan Amount that may be 249 financed for each Project is fifty thousand dollars ($50,000). There is no maximum 250 aggregate amount that may be financed with respect to an Eligible Property. There 251 shall be no limit on the total value of all C-PACE Loans issued under the Program. 252 253 Lc) C-PACE Loan Refinancing or Reimbursement. The Program Administrator may 254 approve a loan application submitted within two years of the City's issuance of a 255 certificate of occupancy or other evidence that the Eligible Improvements comply 256 substantially with the plans and specifications previously approved by the City of 257 Virginia Beach and that such loan may refinance or reimburse the Borrower for the 258 total costs of such Eligible Improvements. 259 260 C-PACE Loan Interest. The interest rate of a C-PACE Loan shall be as set forth in 261 the C-PACE Documents. 262 263 C-PACE Loan Term or "Term". The term of a C-PACE Loan shall not exceed the 264 weighted average Useful Life of the Project Improvements or thirty (30) years, 265 whichever is less. 266 267 Lf Apportionment of Costs. All of the costs incidental to the financing, administration, 268 collection, and/or enforcement of the C-PACE Loan shall be borne by the 269 Borrower. 270 271 Financing Agreements. Capital Providers may use their own Financing 272 Agreements for C-PACE Loans, but the Financing Agreement may not conflict with 273 the provisions of this Chapter, the C-PACE Act, or the C-PACE Program 274 Agreement. To the extent of any conflict, this Chapter, the C-PACE Act, and the 275 C-PACE Program Agreement shall prevail. 276 277 02) C-PACE Program Agreement. In order to participate in the C-PACE Program, 278 Borrower and Capital Provider shall enter into a C-PACE Program Agreement with 279 the City, which sets forth certain terms and conditions for participation in the City's 280 C-PACE Program. The Program Manager is authorized to execute C-PACE 281 Documents on behalf of the City. This Agreement shall be binding upon the parties 282 and their respective successors and assigns until the C-PACE Loan is paid in full. 283 The C-PACE Program Agreement may be modified as necessary to further the 284 Program's purpose and to encourage Program participation, including such 285 additions, deletions, or alterations as may be approved by the Program Manager 286 and City Attorney, so long as such modifications do not conflict with the Program 287 Guide, this Chapter, or the C-PACE Act. 288 289 fi) Repayment of C-PACE Loan; Collection of C-PACE Payments. C-PACE Loans 290 will be repaid by the Borrower through C-PACE Payments made in the amounts 291 and at such times as set forth in the C-PACE Documents and Program Guide. The 292 Capital Provider shall be responsible, subject to and in accordance with the terms 293 of the C-PACE Program Agreement and other C-PACE Documents, for the 294 servicing of the C-PACE Loans and the collection of C-PACE Payments. In the 295 alternative, C-PACE Loans may be serviced by the Program Administrator. 296 Nothing herein shall prevent the Capital Provider from directly billing and collecting 297 the C-PACE Payments from the Borrower to the extent permitted by the C-PACE 298 Act or other applicable law. 299 300 (j) C-PACE Loan Assumed. The Borrower shall assume the obligation to repay all 301 remaining unpaid C-PACE Payments, whether it obtained ownership of the 302 Property voluntarily or involuntarily, which are due upon acquisition of the 303 Property, if any, and which accrue during Borrower's period of ownership. Only 304 the current C-PACE Payment and any Delinquent Payments, together with any 305 costs of collection, shall be payable at the settlement of a Property upon sale or 306 transfer, unless otherwise agreed to by the Capital Provider. 307 308 fk) Transfer of C-PACE Loans. C-PACE Loans may be transferred, assigned, or sold 309 by a Capital Provider to another Capital Provider at any time until the C-PACE 310 Loan is paid in full provided that Capital Provider shall (i) notify the Borrower and 311 Program Administrator prior to the billing date of the next C-PACE Payment due, 312 (ii) record a C-PACE Loan Assignment among the Land Records, and (iii) deliver 313 a copy of the recorded C-PACE Assignment to the Borrower, City, and Program 314 Administrator as set forth in the C-PACE Program Agreement and Program Guide. 315 Recordation of the C-PACE Assignment shall constitute an assumption by the new 316 Capital Provider of the rights and obligations of the original Capital Provider 317 contained in the C-PACE Documents. 318 319 (I) Program Fees. The Program will be self-financed through Program Fees charged 320 to participating Borrowers. The Program Fees are established to cover the actual 321 and reasonable costs to design and administer the Program, including the 322 compensation of a third-party Program Administrator. Program Fees will be 323 assessed as a percentage fee of the C-PACE Loan paid at closing. The amount(s) 324 of the Program Fees shall be set forth in the Program Guide. Program Fees may 325 be changed by the Program Manager from time to time and shall only apply to C- 326 PACE Loans executed after the date the revised Fees are adopted. 327 328 (m) Notification of Proposed Loan and Closing. The Program Guide will set forth the 329 C-PACE Loan notification requirements and Loan closing process. 330 331 L) Reporting. The City may require the Capital Provider and/or the Program 332 Administrator to provide a written report with summary information regarding the C- 333 PACE Loan Program, the portfolio performance of participating Capital Providers, 334 or other Program statistics as required in the Program Guide. 335 336 Program Administrator. In accordance with the cooperative procurement 337 provisions included in the Virginia Public Procurement Act, Va. Code §§ 2.2-4300, 338 et seq., the City may engage, to operate the City's Program, a Program 339 Administrator which has contracted to operate a C-PACE program for another 340 Virginia jurisdiction pursuant to a procurement process which allowed other 341 Virginia jurisdictions to cooperatively procure a Program Administrator thereunder. 342 Alternatively, the City may competitively procure a Program Administrator by 343 issuing a Request for Proposal for a Program Administrator. In either event, the 344 City may authorize other Virginia jurisdictions to cooperatively procure the services 345 of the City's Program Administrator. Program Administrator shall indemnify, defend 346 and hold the City harmless against any claim brought against the City or any 347 liability imposed on the City as a result of any action or omission to act by Program 348 Administrator in a jurisdiction to which its program administration agreement with 349 the City was extended under such joint and cooperative procurement. 350 351 (p) Program Guide. The Program Guide shall be developed by the Program 352 Administrator under the direction of and in consultation with the Program Manager. 353 The Program Guide and any subsequent amendments thereto shall become 354 effective only(i)to the extent that the Program Guide and such amendments do not 355 contravene this Chapter or the C-PACE Act, and (ii) after review by the City 356 Attorney and written approval by Program Manager. The Program Guide will be 357 designed to create an open, competitive, and efficient Program. The Program 358 Administrator may modify the Program Guide from time to time subject to the 359 approval of the Program Manager and in accordance with the intent and purpose 360 of the C-PACE Program as approved by the City Council. 361 362 Sec. 35.5-6. - Levy of assessment; recordation; priority; amendment; enforcement 363 and collection costs. 364 365 g Levy of Voluntary Special Assessment Lien. Beginning on the effective date of this 366 Chapter and for each C-PACE Loan made under the Program, the City shall levy 367 a voluntary special assessment (C-PACE Lien) against each Property benefittinq 368 from Eligible Improvements financed with C-PACE Loans in an amount equal to 369 the C-PACE Loan, upon recordation of the C-PACE Lien Certificate in the Clerk's 370 Office. The C-PACE Lien shall be evidenced by the recordation of a C-PACE 371 Certificate in the Clerk's Office. 372 373 Lb) Recordation of C-PACE Lien Certificate. Each C-PACE Loan shall be secured by 374 a C-PACE Lien as evidenced by the recordation of the C-PACE Lien Certificate 375 among the Land Records. The Program Manager, on behalf of the City, is hereby 376 authorized to execute the C-PACE Lien Certificate prior to recordation. Upon 377 complete execution of the C-PACE Documents and funding of the C-PACE Loan, 378 Capital Provider or the Program Administrator shall record the C-PACE Certificate 379 in the Clerk's Office. 380 381 tc) Priority. The C-PACE Lien shall have the same priority as a real property tax lien 382 against real property, except that it shall have priority over any previously recorded 383 mortgage or deed of trust lien only if prior to the recording of the C-PACE Lien, i) 384 Borrower has obtained a written subordination agreement, in a form and 385 substance acceptable to each prior lienholder in its sole and exclusive discretion, 386 executed by the holder of each mortgage or deed of trust lien on the Property and 387 recorded with the C-PACE Lien in the Land Records; and ii) prior to the recording 388 of the C-PACE Lien, Borrower has delivered an executed Borrower Certification 389 to the City in connection with the C-PACE Loan closing. Only the current C-PACE 390 Payment and any Delinquent Payments shall constitute a first lien on the Property. 391 The C-PACE Lien shall run with the land and that portion of the C-PACE Lien 392 under the C-PACE Program Agreement that has not yet become due shall not be 393 eliminated by foreclosure of a real property tax lien. 394 395 fd) Amendment of Lien. Upon written request by a Capital Provider in accordance with 396 the Program Guide, the Program Manager may execute an amendment of the C- 397 PACE Lien after the closing of a C-PACE Loan. The Amendment will be recorded 398 in the Land Records. 399 400 Le) Enforcement and Collection Costs. In the event of Borrower's default under the 401 terms of the C-PACE Documents, the City shall enforce the C-PACE Lien for the 402 amount of the Delinquent C-PACE Payments, penalties, interest, and any costs of 403 collection in the same manner that a property tax lien against real property may 404 be enforced. In the alternative, the City may assign the C-PACE Lien to the Capital 405 Provider by executing a C-PACE Lien Assignment and recording the Assignment 406 in the Land Records. Upon such assignment, the Capital Provider may enforce 407 the C-PACE Lien according to the terms of the C-PACE Documents. All collection 408 and enforcement costs, expenses, interest, and penalties incurred by the City or 409 Capital Provider, as applicable and consistent with the C-PACE Act, shall (i) be 410 added to the Delinquent Payments being collected, (ii) become part of the 411 aggregate amount sued for and collected, (iii) be added to the C-PACE Loan, and 412 (iv) be secured by the C-PACE Lien. Nothing herein shall prevent the Capital 413 Provider from enforcing the C-PACE Lien to the fullest extent permitted by the C- 414 PACE Documents, the C-PACE Act, or general law. 415 416 Sec. 35.5-7. -. Role of the City; limitation of liability 417 418 Borrowers and Capital Providers participate in the Program at their own risk. By 419 executing the C-PACE Documents including the C-PACE Program Agreement, or by 420 otherwise participating in the Program, the Borrower, Capital Provider, contractor, or 421 other party or participant acknowledge and agree, for the benefit of the City and as a 422 condition of participation in the Program, that: (i)the City undertakes no obligations under 423 the Program except as expressly stated herein or in the C-PACE Program Agreement; 424 (ii) in the event of a default by a Borrower, the City has no obligation to use City funds to 425 make C-PACE Payments to any Capital Provider including, without limitation, any fees, 426 expenses, and other charges and penalties, pursuant to a Financing Agreement between 427 the Borrower and Capital Provider; (iii) no C-PACE Loan, C-PACE Payment, C-PACE 428 Lien, or other obligation arising from any C-PACE Document, the C-PACE Act, or this 429 Chapter shall be backed by the credit of the City, the Commonwealth, or its political 430 subdivisions, including, without limitation, City taxes or other City funds; (iv) no C-PACE 431 Loan, C-PACE Payment, C-PACE Lien or other obligation arising from any C-PACE 432 Document, the C-PACE Act, or this Chapter shall constitute an indebtedness of the City 433 within the meaning of any constitutional or statutory debt limitation or restriction; (v) the 434 City has not made any representations or warranties, financial or otherwise, concerning 435 a Borrower, Eligible Property, Project, Capital Provider, or C-PACE Loan; (vi) the City 436 makes no representation or warranty as to, and assumes no responsibility with respect 437 to, the accuracy or completeness of any C-PACE Document, or any Assignment or 438 amendment thereof; (vii) the City assumes no responsibility or liability in regard to any 439 Project, or the planning, construction, or operation thereof; (viii) each Borrower or Capital 440 Provider shall, upon request, provide the City with any information associated with a 441 Project or a C-PACE Loan that is reasonably necessary to confirm that the Project or C- 442 PACE Loan satisfies the requirements of the Program Guide; and (ix) each Borrower, 443 Capital Provider, or other participant under the Program, shall comply with all applicable 444 requirements of the Program Guide. 445 446 Sec. 35.5-8. — Severability. 447 448 As provided by § 1-13 of the City Code of the City of Virginia Beach, the provisions 449 of this Chapter are severable. If a court of competent jurisdiction determines that a word, 450 phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid, or 451 that the application of any part of the Chapter or provision to any person or circumstance 452 is invalid, the remaining provisions of this Chapter shall not be affected by that decision 453 and continue in full force and effect. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th day of October , 2021. APPROVED AS TO LEGAL SUFFICIENCY: y o y's Office CA15507 R-1 September 9, 2021 APPENDIX A-1, C-PACE PROGRAM AGREEMENT THIS C-PACE PROGRAM AGREEMENT (the "Agreement") is made and entered into as of the date it is fully executed (the "Effective Date"), by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), (the "Borrower), and (the "Capital Provider"), and their respective successors and assigns (collectively, the "parties"). RECITALS WHEREAS, Virginia's "financing clean energy programs" law, § 15.2-958.3 of the Code of Virginia of 1950, as amended (the "Act") authorizes Virginia localities to adopt a Commercial Property Assessed Clean Energy ("C-PACE") Program (the "Program"); and WHEREAS, the City's C-PACE Program facilitates C-PACE Loans provided by Capital Providers for renewable energy production and distribution facilities; energy usage efficiency systems, water usage efficiency systems, and other similar improvements as authorized by the Act and the Program; and WHEREAS, each C-PACE Loan is secured by a voluntary special assessment lien (the "C-PACE Lien") authorized and given voluntarily by the Borrower to the City to ensure repayment of the C-PACE Loan; and WHEREAS, pursuant to Chapter 35.5 of the City Code (the "Ordinance") and the Act, the City, Borrower, and Capital Provider are required to enter into a written agreement specifying the terms and conditions for participating in the City's C-PACE Program; NOW THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and in order to effectuate the purposes of the Act and Ordinance, the parties agree as follows: Section 1 - Definitions. Unless otherwise defined herein, capitalized terms in this Agreement shall have the same meanings as set forth in the Ordinance. Section 2 - Representations. (a) Borrower is the legal and record owner of the Eligible Property more particularly described in Exhibit A (the "Property"). (b) Borrower applied to participate in the City's C-PACE Program and desires to obtain a C-PACE Loan to install certain Eligible Improvements ("Project" or "Project Improvements") on the Property. (c) Borrower has or will enter into a Financing Agreement with the Capital Provider that sets forth the terms of the C-PACE Loan. A summary of the terms of the C-PACE Loan, including an Assessment Payment Schedule, are set forth in Exhibit B ("Loan Terms"). Borrower and Capital Provider acknowledge and agree that the Financing Agreement may include only those costs and fees for which a C-PACE Lien may be imposed under the Act and Ordinance. (d) The parties acknowledge and agree that should Borrower default on the C-PACE Loan, the City will enforce the C-PACE Lien for the benefit of Capital Provider according to the Loan Documents, the Act, and Ordinance. In the alternative, the City may assign the C-PACE Lien to the Capital Provider for enforcement according to the terms of the Loan Documents. (e) Borrower and Capital Provider confirm that they have obtained Subordination Agreements for each deed of trust or mortgage lien against the Property. Section 3 - Program Terms and Conditions. The parties agree as follows: (a) C-PACE Loan. Capital Provider will provide financing for the Project in accordance with the C-PACE Loan Documents. The Loan Terms are summarized in Exhibit B. (b) Program Fee(s): Borrower agrees to pay Program Fee(s) in the amount of $ as follows: (c) Imposition of C-PACE Lien. In consideration for the C-PACE Loan provided to Borrower under the Program, Borrower hereby requests and authorizes City to levy a C- PACE Lien against the Property in the Loan Amount set forth in the Loan Terms (Exhibit B). As evidence of the C-PACE Lien, Borrower requests that the City execute a C-PACE Lien Certificate that will be recorded in the Land Records of the City. (d) Loan Payments. The C-PACE Loan is due and payable to the Capital Provider or City for the benefit of the Capital Provider as set forth in the Loan Terms (Exhibit B) and remitted as follows: . Program Fee(s) shall be deducted from Loan proceeds at funding or from Loan Payments in accordance with the Loan Documents and Program Guide. Upon notice from the Program Administrator or Capital Provider that all amounts owing have been paid in full, the City will execute a release of the C-PACE Lien. Thereafter, the Program Administrator or Capital Provider will record the release. (e) City's Remittance of Loan Payments to Capital Provider: The City will remit all payments to the Capital Provider within thirty (30) days of receipt, subject to Program Fees as set forth in the Loan Documents, as follows: (f) Maintenance of Assessment. The City agrees to maintain and continue the C-PACE Lien on the Property for the benefit of Capital Provider until the C-PACE Loan, including all interest, fees, penalties, costs, and other sums due, is paid in full. (g) Assignment. Capital Provider shall have the right to assign the C-PACE Loan and C-PACE Lien to a successor Capital Provider, provided all of the following conditions are met: (1) The assignment or transfer is made pursuant to the requirements of the Ordinance and Program Guide; (2) The Program Administrator and Borrower are notified in writing of the assignment or transfer and provided the address where future Loan Payments should be mailed at least 30 days before the next Payment is due according to the Assessment Payment Schedule; and (3) The assignee or transferee, by operation of the Assignment or otherwise, assumes Capital Provider's obligations under the Loan Documents. Upon written notice to the Program Administrator and Borrower of an assignment or transfer of the right to receive the Loan Payments that meets all of these conditions, the assignor shall be released of all of the obligations of the Capital Provider under the Loan Documents accruing after the date of the assignment. Any attempt to assign or transfer the C-PACE Loan or C-PACE Lien that does not meet all of these conditions is void. (4) The City shall not be obligated to remit C-PACE Loan Payments to a new Capital Provider assuming the C-PACE Loan until a recorded copy of the Assignment has been provided to the City at the following address: (h) Lien Priority and Enforcement. Pursuant to Act, Ordinance, and Program Guide: (1) Delinquent Installments of the C-PACE Loan will incur interest and penalties as set forth in the Loan Documents. (2) The C-PACE Lien, together with any penalties and interest thereon: (i) has the same priority status as a lien for City real estate taxes; (ii) has superior lien status to all subordinated liens against the Property from the date on which the C-PACE Lien Certificate is filed in the Land Records of the City until the financing secured by the C-PACE Lien and any penalties and interest are paid in full; (iii) shall run with the land, and any portion of the C-PACE Lien that has not yet become due under the Loan Documents is not eliminated by foreclosure of: (i) a City property tax lien, or (ii) the lien for any past due portion of the C-PACE Loan. (iv) In the event of a sale or transfer of the Property by Borrower, the obligation for the C-PACE Lien and Borrower's obligations under the Loan Documents will be transferred to the succeeding owner. (3) In the event of a default by Borrower for failing to make the Loan Payments called for by the Loan Documents and upon written request by the Capital Provider, the City will enforce the C-PACE Lien in the same manner as a property tax lien against real property may be enforced by a City in Virginia as set forth in Title 58.1, Chapters 32 and 39 of the Code of Virginia. Capital Provider agrees to cooperate with City in its enforcement of the C-PACE Lien by providing all necessary documents and information concerning the delinquent C-PACE Loan as requested by the City Attorney's Office or the special assistant appointed pursuant to City Code 35-38 to effectuate a tax sale. (4) In a suit to collect Delinquent Payments, the City will be entitled to recover the Delinquent Payments, penalties, and interest due, and the costs and expenses of collection, including attorney's fees, all as set forth in the Loan Documents. (i) Borrower's Waiver of Certain Defenses: Confession of Judgment: By executing this Agreement, Borrower acknowledges and agrees as follows: (1) After the C-PACE Lien Certificate is recorded, Borrower waives the right to contest the Lien on the basis that the Project Improvements are not Eligible Improvements as such terms are defined herein and in the Ordinance; (2) Borrower waives all defenses, affirmative or otherwise, to a foreclosure action brought as a result of Borrower's default for failing to pay the Loan Payments due pursuant to the Loan Documents; (3) To the extent permitted by the Financing Agreement, Borrower waives all defenses to the imposition of personal liability for corporate officers as permitted under section 58.1-3965(F) of the Code of Virginia; (4) Borrower shall provide a confession of judgment if requested by the Capital Provider. (j) Written Contract Required by the Act and Ordinance. This C-PACE Program Agreement constitutes the written contract specifying the terms and conditions for C- PACE Program participation as required by § 15.2-968.3(A)(7) of the Act. (k) Transfer of Project Improvements. Borrower agrees that all Project Improvements purchased, constructed, and/or installed through financing obtained pursuant to the C- PACE Program shall be permanently affixed to the Property and will transfer with the Property to the transferee in the event of a sale or assignment of the Property. (I) No Cost to City. No provision of this Agreement requires the City to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder. (m) Term of the Agreement. The term of this Agreement shall commence upon the Effective Date and shall be in full force and effect until the C-PACE Loan has been paid in full. Section 4 - Indemnification. Without limiting any other obligation or liability of the Borrower, or any right or remedy of the Capital Provider or City, Borrower agrees to indemnify and hold harmless the Capital Provider and City, their directors, officers, employees, agents, subsidiaries, and affiliates (each, an "Indemnified Party"), from and against all damages, losses, settlement payments, obligations, liabilities, claims, suits, penalties, assessments, citations, directives, demands, judgments, actions or causes of action, whether created by statute or common law, including all costs and expenses, including attorneys' fees, arising from or associated with this C-PACE Loan transaction. This section shall survive the expiration of the Term of this Agreement. Section 5 - Miscellaneous Provisions. (a) Construction and Definitions. This Agreement is to be construed in accordance with and with reference to the Act, Ordinance, and Program Guide. Capitalized terms used herein shall have the same meanings ascribed to them in the Ordinance. (b) Further Assurances. Borrower further covenants and agrees to do, execute, and deliver, or cause to be done, executed, and delivered all such further acts for implementing the intention of this Agreement as may be reasonably necessary or required. (c) Severability. If the C-PACE Act, the Ordinance, and/or any clause, provision, or section of this Agreement, is challenged and held by a court of competent jurisdiction to be unenforceable by the City or Capital Provider, Borrower agrees to continue to make the Loan Payments required under the Loan Documents and agrees to execute any and all documentation to perfect and enforce the C-PACE Loan as required by the City or Capital Provider. The invalidity of any clause, provision, or section of this Agreement shall not affect any remaining clauses, provisions, or sections of this Agreement, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision, or section had not been included herein. (d) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute but one and the same instrument. (e) Notices. All notices, requests, consents and other communications shall be in writing and shall be delivered, mailed by first class mail, postage prepaid, or overnight delivery service, to the parties, as follows: If to the City: [Address] If to the Borrower: [Address] If to the Capital Provider: [Address] (f) Amendment and Waivers. Except as otherwise set forth in this Agreement, any amendment to or waiver of any provision of this Agreement must be in writing and mutually agreed by the parties. (g) Applicable Law and Venue. This Agreement and its provisions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. In any action, in equity or at law, with respect to the enforcement or interpretation of this Agreement, venue shall be in a court of competent jurisdiction for the City of Virginia Beach, Virginia. (h) Successors and Assigns. This Agreement is binding upon and made for the benefit of Borrower, Capital Provider, and City and their respective successors and permitted assigns. (i) Entire Agreement. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements between the parties relating to the subject matter of this Agreement. (j) Headings. The headings in this Agreement are solely for convenience, do not constitute a part of this Agreement and do not affect its meaning or construction. IN WITNESS WHEREOF, the City, Borrower, and Capital Provider have each caused this Agreement to be executed on the date(s) entered below: CITY OF VIRGINIA BEACH, VIRGINIA BORROWER: By: By: Name/Title: Name/Title: Date: Date: APPROVED AS TO FORM: CAPITAL PROVIDER: By: By: Name/Title: Name/Title: Date: Date: § 15.2-958.3. Financing clean energy, resiliency, and stormwater management programs. A. Any locality may, by ordinance, authorize contracts to provide loans for the initial acquisition and installation of clean energy, resiliency, or stormwater management improvements with free and willing property owners of both existing properties and new construction, provided, however, that such loans may not be used to improve a residential dwelling with fewer than five dwelling units or a residential condominium as defined in § 55.1-2000. Such an ordinance shall include the following: 1. The kinds of renewable energy production and distribution facilities, energy usage efficiency improvements, resiliency improvements, water usage efficiency improvements, or stormwater management improvements for which loans may be offered. Resiliency improvements may include mitigation of flooding or the impacts of flooding or stormwater management improvements with a preference for natural or nature-based features and living shorelines as defined in § 2 5.2-I 04 ; 2. The proposed arrangement for such loan program, including (i) a statement concerning the source of funding that will be used to pay for work performed pursuant to the contracts; (ii) the time period during which contracting property owners would repay the loan; and (iii) the method of apportioning all or any portion of the costs incidental to financing, administration, and collection of the arrangement among the consenting property owners and the locality; 3. (i) A minimum dollar amount that may be financed with respect to a property, (ii) if a locality or other public body is originating the loans, a maximum aggregate dollar amount that may be financed with respect to loans originated by the locality or other public body, and (iii)provisions that the loan program may approve a loan application submitted within two years of the locality's issuance of a certificate of occupancy or other evidence that the clean energy, resiliency, or stormwater management improvements comply substantially with the plans and specifications previously approved by the locality and that such loan may refinance or reimburse the property owner for the total costs of such improvements; 4. In the case of a loan program described in clause (ii) of subdivision 3, a method for setting requests from property owners for financing in priority order in the event that requests appear likely to exceed the authorization amount of the loan program. Priority shall be given to those requests from property owners who meet established income or assessed property value eligibility requirements; 5. Identification of a local official authorized to enter into contracts on behalf of the locality. A locality may contract with a third party for professional services to administer such loan program; 6. Identification of any fee that the locality intends to impose on the property owner requesting to participate in the loan program to offset the cost of administering the loan program. The fee may be assessed as a program fee paid by the property owner requesting to participate in the program; and 7. A draft contract specifying the terms and conditions proposed by the locality. B. The locality may combine the loan payments required by the contracts with billings for water or sewer charges, real property tax assessments, or other billings; in such cases, the locality may establish the order in which loan payments will be applied to the different charges. The locality may not combine its billings for loan payments required by a contract authorized pursuant to this section with billings of another locality or political subdivision, including an authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.), unless such locality or political subdivision has given its consent by duly adopted resolution or ordinance. C. The locality shall offer private lending institutions the opportunity to participate in local loan programs established pursuant to this section. D. In order to secure the loan authorized pursuant to this section, the locality shall place a voluntary special assessment lien equal in value to the loan against any property where such clean energy systems, resiliency improvements, or stormwater management improvements are being installed. The locality may bundle or package said loans for transfer to private lenders in such a manner that would allow the voluntary special assessment liens to remain in full force to secure the loans. The placement of a voluntary special assessment lien shall not require a new assessment on the value of the real property that is being improved under the loan program. E. A voluntary special assessment lien on real property: 1. Shall have the same priority status as a property tax lien against real property, except that such voluntary special assessment lien shall have priority over any previously recorded mortgage or deed of trust lien only if(i) a written subordination agreement, in a form and substance acceptable to each prior lienholder in its sole and exclusive discretion, is executed by the holder of each mortgage or deed of trust lien on the property and recorded with the special assessment lien in the land records where the property is located, and (ii) evidence that the property owner is current on payments on loans secured by a mortgage or deed of trust lien on the property and on property tax payments, that the property owner is not insolvent or in bankruptcy proceedings, and that the title of the benefited property is not in dispute is submitted to the locality prior to recording of the special assessment lien; 2. Shall run with the land, and that portion of the assessment under the assessment contract that has not yet become due is not eliminated by foreclosure of a property tax lien; 3. May be enforceable by the local government in the same manner that a property tax lien against real property may be enforced by the local government. A local government shall be entitled to recover costs and expenses, including attorney fees, in a suit to collect a delinquent installment of an assessment in the same manner as in a suit to collect a delinquent property tax; and 4. May incur interest and penalties for delinquent installments of the assessment in the same manner as delinquent property taxes. F. Prior to the enactment of an ordinance pursuant to this section, a public hearing shall be held at which interested persons may object to or inquire about the proposed loan program or any of its particulars. The public hearing shall be advertised once a week for two successive weeks in a newspaper of general circulation in the locality. G. The Department of Mines, Minerals and Energy shall serve as a statewide sponsor for a clean energy financing program that meets the requirements of this section. The Department of Mines, Minerals and Energy shall engage a private entity through a competitive selection process to develop and administer the program. 2009, c. 77 2010, c. 141; 2015, cc. 389, 427; 2019, cc. 564, 753; 2020, c. 664; 2021, c. 6. 38 ITEM— VLK.2 ORDINANCES/RESOLUTIONS ITEM#72101 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to AMEND Section 2-5.1 of the City Code re to the members of the Historical Review Board with professional training or equivalent experience in certain related fields 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 1 AN ORDINANCE TO AMEND SECTION 2-5.1 2 OF THE CITY CODE PERTAINING TO THE 3 MEMBERS OF THE HISTORICAL REVIEW 4 BOARD WITH PROFESSIONAL TRAINING 5 OR EQUIVALENT EXPERIENCE IN CERTAIN 6 RELATED FIELDS 7 8 SECTION AMENDED: § 2-5.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 2-5.1 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and reordained to read as follows: 15 16 Sec. 2-5.1. Historical review board. 17 18 (a) Duties. The duties of the historical review board shall be as set forth in section 1303 19 of the city zoning ordinance, and such other and further duties as the city council 20 may from time to time prescribe. 21 22 (b) Membership; qualifications; term. The historical review board shall consist of eight 23 (8) members or such other number as the city council may determine, and 24 members shall be appointed for terms of three (3) years. At least twe three 25 members shall have professional training or equivalent experience in architecture, 26 history, American studies, architectural history, archaeology, or planning, and at 27 least one (1) of these two (2) three (3) members shall be a registered architect or 28 architectural historian. All members shall have a demonstrated interest or 29 competence in, or knowledge of, historic preservation by virtue of any one (1) or 30 more of the following: 31 32 (1) A college or graduate degree in a preservation-related field; 33 34 (2) Activity in specific preservation projects; 35 36 (3) Membership in a local historic preservation organization or on a board of a 37 historic property; 38 39 (4) Membership in the National Trust for Historic Preservation; 40 41 (5) Having renovated and lived in a historic building, attended at least one 42 preservation-related conference or workshop; or 43 44 (6) Having served at least one (1) term on a local historical review board or 45 architectural review board at the time of appointment or reappointment. 46 47 (c) Chairman. The chairman of the Historical Review Board shall notify the city clerk of 48 the expiration of members' terms of office, ninety (90) days prior to the term 49 expiration to provide City Council appropriate time to fill any vacancy. 50 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5 t h day of October , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &OCINI\_ Planning Dep rtment City Attorney's Office CA15508 R-3 September 24, 2021 39 ITEM— VI.KC3 ORDINANCES/RESOLUTIONS ITEM#72102 The following registered to speak: Frank Gurdziel, 2612 Bouch Quarter, Phone: 897-0125, spoke in SUPPORT Fred Wurster, 2244 Walke Street, Phone: 708-6778, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss, seconded by Vice Mayor Wilson, City Council ADOPTED Ordinance to AUTHORIZE the acquisition of property in fee simple for the construction of a City- Operated dredge transfer station re to serve the Eastern Branch Lynnhaven River Dredging Project, CIP #100152, either by agreement or condemnation 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CONSTRUCTION OF A CITY- 4 OPERATED DREDGE TRANSFER STATION 5 TO SERVE THE EASTERN BRANCH 6 LYNNHAVEN RIVER DREDGING PROJECT 7 (CIP 100152) EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ii public necessity exists to establish a Dredged Material Transfer Station (the "Transfer 12 Station")to improve and maintain the waterways and channels along the Eastern Branch of 13 the Lynnhaven River, and further, to provide support to the federal government to maintain 14 Canal No. 2; and 15 16 WHEREAS, the proposed Transfer Station would serve the surrounding community 17 by maintaining the navigability of the waterways and helping to prevent flooding, support 18 dredging operations, and provide dredged material management throughout the Eastern 19 Branch of the Lynnhaven River, and for other related public purposes for the preservation 20 of the safety, health, peace, good order, comfort, convenience, and the welfare of the 21 people in the City of Virginia Beach. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 Section 1. That the City Council authorizes the acquisition by purchase or 27 condemnation pursuant to Sections 15.2-1901, et seq. and Title 25.1 and 33.2 of the Code 28 of Virginia of 1950, as amended, of all that certain real property in fee simple shown on 29 Exhibit A, attached hereto and made a part hereof (the "Properties"), for the purpose of 30 construction of the Transfer Station. 31 32 Section 2. That the City Manager is hereby authorized to make or cause to be made 33 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 34 offer to the owners or persons having an interest in said Properties. If refused, if the 35 Properties' owners are unable to convey clear title, or if the owners cannot be identified or 36 located, the City Attorney is hereby authorized to initiate, prosecute, and settle or resolve 37 proceedings to condemn to acquire title to the Properties necessary to construct the 38 Transfer Station. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 t h day of 41 October , 2021. CA15395 R-1 8/25/21 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d025\p036\00747277.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SU FICIENCY AND FORM off, ���. �, PUBLIC WORKS/REAL ESTATE CITY IfOR Y EXHIBIT A Parcels Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER GPIN (Now or Formerly) Common Boulevard Center Phase I Condominium 1497-75-2263- Elements — Association 0000 2540 Virginia Beach Boulevard 2540 Virginia 2540 VBB, LLC 1497-75-2263- Beach 2540 Boulevard, Suite B 2540 Virginia 2540 VBB, LLC 1497-75-2263- Beach 2541 Boulevard, Suite A Sul _ . �, tr_,__;--- i ______--- \ i 1'. g 7 i eZ c= , :4..!'' ai.,,, 1,1 _v. \.Q 4) egi,2 01,-. 'Z-:--r"--.1 ! C:: :: ==3,,, - \ ci •■c� ��, 093 `r��rrl\Mom* c�`�� �II' � � :"'IP. .4.. .1; $ b L. \ , 3 \\\ \ • • . ... ....,. ....., _ L' a' at \n i U t 1 II d I" -1 i'll F*."'- '1 \ "*--\.\\ stAi .\ • TE'1' j EL _1— (j \, • D I. goo SBA �\,, ___ ' \,.% ___k---______ COAte .0:1 Cl- 0 (.0 ''• CN 11)1 ��� _ AR 13- ICJ [ P9i Z U r` ' n irk--. _ _%y p Q 1 / ---_ -- - � �- m dam' �_T • ] 00 , , Gym. n id er, 0101 j-:i- ter'e •--,... 4,./„ ...;_s_t_—,___„-- , rc Q o ,. C oe. _ _I z_I0.7,7 — ci_ LO_ -11Fr-E,_, • '� (2 ` 0 0 i , , , ---1.. �' . E23 ./7 _ \\_...,._C"':r ..( 6.. o �� Q / f .s .3, i Qei , lit-p.; ,-_ e- 1 L(UN) yci ' 7I f..,.c-\)I;i t—.-C--- -\o"-a- ,' . ' 90%t•'geke, .4 ,,--ij 1 0 i o 11 _ D Q i. _ i B id C3 11.1 p * \ ---- t ____--4 -0-V --p-- 1 _, , , . '24. Z C. - D ,.. .. /0_4 , d t /0 0 i 1 a / tio. ".7"?.pi. 41.7',..... •-•,,, 0 g _ If rz ,,_. ;ft,,,q..0 "111PIP „ .,.yam,, . U./6 .144. e f___ . . .____-_/--- 4014:.,„,._. , 47, / ,; ,, a ...: 3p , J7 n _ G% 1A BE 4e 4 e` 1.1 t City of Virginia Beach. Ls yes OF OURNA.00 � VBgov.com ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCWilson©vbgov.com COUNCIL MEMBER—AT-LARGE In Reply Refer to 0072907 October 5, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to authorize acquisition of property in fee simple for the construction of a City-operated dredge transfer station to serve the Eastern Branch Lynnhaven River Dredging Project either by agreement or condemnation. 2. Two of the parcels to be acquired are owned by 2540 VBB, LLC. That entity appears to be a related entity of McLeskey & Associates, LLC. Because of the nature of this transaction, there is no applicant, and thus no applicant disclosure form,but in prior matters brought to the City Council by McLeskey-related entities, those entities have identified Dixon Hughes Goodman LLP ("DHG") as one of its service providers. 3. I have a personal interest in DHG because I received income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. DGH's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I may have a personal interest in this transaction, because I do not personally provide services to the 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- October 5, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Rosemary A. Wilson Vice Mayor RAW/RRI 40 ITEM— VLK.4 ORDINANCES/RESOLUTIONS ITEM#72103 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-way known as Marlin Lane, adjacent to 2477 Sandfiddler Road re retain and maintain fifteen (15) trees and four(4) bushes 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY'S RIGHT-OF-WAY 6 KNOWN AS MARLIN LANE, ADJACENT 7 TO 2477 SANDFIDDLER ROAD 8 9 WHEREAS, 2477 Sandfiddler LLC has requested permission to retain and 10 maintain 15 trees and 4 bushes (the "Encroachments") into a portion of the City's right-of- 11 way known as Marlin Lane located adjacent to its property at 2477 Sandfiddler Road 12 (GPIN: 2434-11-3763); and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's right-of-way subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, 2477 Sandfiddler LLC, its heirs, 23 assigns and successors in title are authorized to retain and maintain 15 trees and 4 24 bushes, in the City's right-of-way as shown on the map entitled: "'EXHIBIT A' 25 ENCROACHMENT REQUEST INTO A PORTION OF MARLIN LANE ADJACENT TO 2477 26 SANDFIDDLER ROAD SHOWING A PROPOSED ENCROACHMENT OF 15 TREES AND 27 4 BUSHES IN THE PUBLIC RIGHTS-OF-WAY VIRGINIA BEACH, VIRGINIA," having a 28 Scale of 1" = 40', dated March 25, 2021, and prepared by DKT Associates, a copy of which 29 is attached hereto as Exhibit A, and on file in the Department of Public Works and to which 30 reference is made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 33 to those terms, conditions and criteria contained in the agreement between the City of 34 Virginia Beach and 2477 Sandfiddler LLC (the "Agreement"), an unexecuted copy of which 35 has been presented to the Council in its agenda, and will be recorded among the records of 36 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized 39 designee is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 42 such time as 2477 Sandfiddler LLC and the City Manager or his authorized designee 43 execute the Agreement. 44 i 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th 46 day of October , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL EN AND FORM: YL P BLIC WORKS, REAL ESTATE RMEYER SE IOR CITY ATTORNEY CA15214 R-1 Prepared: 07/09/2021 2 1. The land boundary survey shown hereon is based on a current field survey performed on January 15,2021 and In combination with the plat(s)and/or deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this survey,if any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted. 2. This property appears to fall in flood zone(s)X as shown on the NFIP map for the city of Virginia Beach,map/panel 515531 0205 G, effective 1/16/15. Base Flood Elevation=N/A Finished Floor Elevation=N/A 3. 3-foot(914mm)clear space shall be maintained around the circumference of fire hydrants,excpt as otherwise required or approved. �GR-� MB.3??65 C IY W a Lot 22, Block 2 Lot 21, Block 2 a now or formerly now or formerly . v) a Mark A. &Laura M.Duvall Kenneth J. Alfred,Jr. z Deed: I.N.200403080037849 & Ella Sue Alfred a a Plat: M.B.32 P.65, Deed: 0 J cr GPIN:2434-11-2628 D.B. 4731 P. 1103 N Plat: M.B.32 P.65, Q bush GPIN:2434-11-1797 Lot A (typ.) 100 0' N 10'48'00"W now or formerly - pin(F) Sandbridge Dunes 8--eP_ 11 - Condominiums, L.L.C. utility Lot 1, Block 2 Lot 2, Block 2 Deed: D.B.4665 P.49 • 15.15' pole now or formerly Plat: now or formerly I.N.200506160090220 :_�I $ tree 2477 S idddler LLC Patton Holdings LLC GPIN:2434-11-3475 Deed: IN drop o o Dee I.N.20170418000317340 20070424000552700 inlet o Plat: M.B.32 P.65, Plat: M.B.32 P.65, • a GPIN:2434-11-3763 GPIN:2434-11-3832 ow o, d f to 0 o o m I 3 Story0 c. 0" "� o Frame House C Wat:r Its rl #2477 Z ANIF1" .CO ..1C7 met:r N 35.7' - N. 12'RrP # pin(F) G 0 :` ,,1 A=31.42' 53.8' N . dro I �!'i R=20.00/ ' inlet ?I IA Sb.171 o^E ....} tra c ; bush f r� fire --... - --_ - \ existing 8"Cl water main hydrant - `existing 6"PVC sanitary sewer see note 3 "not subject to encroachment request and City staff requests its removal" SANDFIDDLER ROAD (50' RAN) (M.B.32 P.65) Graphic Scale 1"=40' "EXHIBIT A" 0 20 40 So 160 Encroachment Request into a Portion of Marlin Lane Adjacent to 2477 Sandfiddler Road Showing a Proposed ptiTH Op Encroachment of t� 15 Trees and 4 Bushes, DKTASSociates G' in the Public Rights-of-Way LAND SURVEYORS ' .—� 4 U DENNIS,'11 11 U e 9 C Virginia Beach, Virginia March 25.2021 LiC. No. 002189 Q, For: Mary D.Herod 8 Thomas M.Cowperthwalte 1100 Granby Street 9 3/25/21 0 Suite 100 v( A. Job No: 14233 Scale: 1"= 40' Norfolk,VA 23510 !J F, FB: 198/66 Size: 8.5 x 14 NI S U R Drawn: DT Revised: 8-16-21 DKTAssociates.com Tel (757)588-5888 Check: RGB Sheet: 1 of 1 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 4 day of _ 2 4'40<2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and 2477 SANDFIDDLER LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "1", in Block "2", on that certain plat entitled: "SANDBRIDGE BEACH PRINCESS ANNE COUNTY, VA. PROPERTY OF SANDBRIDGE BEACH INCORPORATED NORFOLK, VA.", dated October 10, 1952, having a Scale of 1" = 100', and prepared by W. B. Gallup, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 65, and being further designated, known, and described as 2477 Sandfiddler Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to retain and maintain 15 trees and 4 bushes collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY RIGHT-OF-WAY KNOWN AS MARLIN LANE (NO GPIN ASSIGNED) GPIN: 2434-11-3763 (2477 SANDFIDDLER ROAD) WHEREAS, in retaining and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City right-of-way known as Marlin Lane, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST INTO A PORTION OF MARLIN LANE ADJACENT TO 2477 SANDFIDDLER ROAD SHOWING A PROPOSED ENCROACHMENT OF 15 TREES AND 4 BUSHES IN THE PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated March 25, 2021, and prepared by DKT Associates, a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Notwithstanding anything to the contrary in the aforementioned Exhibit A, the outer limit of the vegetation along Marlin Lane must be maintained and trimmed to allow at least ten (10) feet from the Encroachments to the edge of the pavement. 2 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. Without limiting the preceding sentence, certain items on the Exhibit were not subject to the encroachment request including two trees, a bush, a retaining wall, and ground lights. 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 that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not 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 4 not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, 2477 Sandfiddler LLC, a Virginia limited liability company, the said Grantee has caused this Agreement to be executed in its name on its behalf by Thomas M. Cowperthwaite, Manager of 2477 Sandfiddler LLC. 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 2477 SANDFIDDLER LLC, a Virginia limited liability company By: '''�"'� (SEAL) Thomas wperthwaite, Manager FLOR WANDA NOTARY PUBLIC COGOMMMONWEALTH OFRGINIA MY COMMISSION#E VI75 6991 31.2021 STATE OF CITY/COUNTY OF I 11)/ , to-wit: The foregoing instrument was acknowledged before me this T day of �t'+ , 2021, by Thomas M. Cowperthwaite, Manager of 2477 Sandfiddler LLC, a Virginia limited liability company. 0° 11 .'! __. -,� (SEAL) Notary 'ublic FLOR WANDA NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31.2021 COMMISSION#7556991 Notary Registration Number: 7 S.5201 ' 1 My Commission Expires: / oi3iI ZOZ/ APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: L, ,,,, I. b ( ,d TGNATURE . ARMEYER SENIOR CITY ATTORNEY PIA/ Ica) £sfarc DEPARTMENT 7 1. The land boundary survey shown hereon is based on a current field survey performed on January 15,2021 and In combination with the plat(s)and/or deed(s)referenced herein. This survey was performed without the benefit of a current title report. The easements appearing on this survey,if any,were depicted and/or noted in the referenced plat(s)and/or deed(s)unless otherwise noted. 2. This property appears to fall In flood zone(s)X as shown on the NFIP map for the city of Virginia Beach,map/panel 515531 0205 G, effective 1/16/15. Base Flood Elevation=N/A Finished Floor Elevation=N/A 3. 3-foot(914mm)dear space shall be maintained around the circumference of fire hydrants,excpt as otherwise required or approved. t -_NORTH Me32P.65 W 1 W Lot 22, Block 2 Lot 21, Block 2 Z °'• now or formerly now or formerly 1 v, m Mark A. &Laura M.Duvall Kenneth J. Alfred, Jr. J -E Deed: I.N.200403080037849 & Ella Sue Alfred a Z € a Plat: M.B.32 P.65, Deed: 0 j . o GPIN:2434-11-2628 D.B. 4731 P. 1103 N Plat: M.B.32 P.65, CC bush GPIN:2434-11-1797 Lot A >r(typ.) 100 0' N 10'48'00"W now or formerly -- pin(F) Sandbridge Dunes .overhea es J- I - o Condominiums, L.L.C. utility Lot 1, Block 2 Lot 2, Block 2 Deed: D.B.4665 P.49 • 15.15' pole now formerly �= Plat: ) 2477 Sandfiddler LLC now or formerly `1 .18"Rcp tree Patton Holdings LLC I.N.200506160090220 ;D IF Deed: g GPIN:2434-11-3475 Deed: IN �- drop o o I.N.20170418000317340 20070424000552700 to inlet Plat: M.B.32 P.65, Plat: M.B.32 P.65, = . Pi GPIN:2434-11-3763 GPIN:2434-11-3832 . *es .fo E j-t En ui a ma , 3 Story . N� — b Frame House C water o #2477 J Z p V meter @ ' 35.7' Si 12'RrP' �� pin(F) ��' tJ A=31.42* 53.8' m drop ; rz R=20.00'/ . _ inlet 'I. ©y I` .00/' 8 10'4800"E tra lc ,P^ . bush iIrk sign (typ•)f fife �" / \ existing 8"CI water main hydrant / `existing 6"PVC sanitary sewer see note 3 I "not subject to encroachment request and City staff requests its removal" SANDFIDDLER ROAD (50' R/W) (M.B.32 P.65) Graphic Scale 1"=40' "EXHIBIT A" 0 20 40 80 160 Encroachment Request into a Portion of Marlin Lane Adjacent to 2477 Sandffddler Road Showing a Proposed �� ALTH OP Encroachment of t� 15 Trees and 4 Bushes, DKTAssociates the ga..... ,..! :l:± f: L A NDSU RVEY O R SVirginia B 25,2021 Lic. No. 002189 Q, For: Mary D.Herod&Thomas M.Cowperthwalte 1100 Granby Street 9 3 25 21 O Suite 100 t, �A Job No: 14233 Scale: 1"= 40' � Norfolk,VA 23510 FB: 198/66 Size: 8.5 x 14 S U R v Drawn: DT Revised: 8-16-21 DKTAssoclates.com Tel (757)588-5888 Check: RGB Sheet 1 of 1 41 ITEM— VLK.5 ORDINANCES/RESOLUTIONS ITEM#72104 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT,Resolution to ADD Student Members to the Virginia Beach Clean Community Commission (Requested by Council Member Holcomb) 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 REQUESTED BY COUNCILMEMBER HOLCOMB 1 A RESOLUTION TO ADD STUDENT MEMBERS TO 2 THE VIRGINIA BEACH CLEAN COMMUNITY 3 COMMISSION 4 5 WHEREAS, the City Council created the Clean Community Commission in 2010 to 6 advise the City Council; and 7 8 WHEREAS, providing students who have a demonstrated interest in promoting a 9 cleaner, more beautiful City and in ensuring our community's environmental vitality with the 10 opportunity to serve as members of the Commission would benefit the City, the 11 Commission, and the students; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That, in addition to its current membership, the Commission shall include two high 17 school students—one junior and one senior—as voting members, with each appointed to a 18 one-year term, provided, however, that the initial appointees shall serve until June 30, 19 2022, and subsequent appointments shall be made on a fiscal-year basis, beginning July 20 1st and ending June 30th of the following year. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 t h day of October , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15540 R-2 September 28, 2021 42 ITEM— VLK.6 ORDINANCES/RESOLUTIONS ITEM#72105 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT,Resolution to PROVIDE for May 31"Memorial Committee Membership and responsibilities 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 1 A RESOLUTION PROVIDING FOR 5/31 MEMORIAL 2 COMMITTEE MEMBERSHIP AND DUTIES 3 4 WHEREAS, in December 2020, the City Council approved a resolution to establish 5 the 5/31 Memorial Committee ("Committee") to guide the memorial planning process; and 6 7 WHEREAS, the Committee will work with key stakeholders, create a vision for the 8 memorial, solicit input, recommend a design concept, and provide feedback on 9 construction; and 10 11 WHEREAS, the task of the Committee shall include: creating firm protocols for 12 meeting structure and consensus-building; creating a vision for the memorial, setting 13 project priorities, goals and building consensus on the design; leading a transparent 14 process open to any interested members of the public or stakeholders; advocating for the 15 families, survivors, and community; soliciting input from the stakeholders and public; 16 developing design goals and recommendations for the memorial site and funding for the 17 memorial using collected input; determining a preferred location for the memorial; 18 providing project budgets and mobilizing funding; soliciting design proposals, reviewing 19 proposals, conducting the selection process, and making a final recommendation to the 20 City Council; and overseeing the installation and dedication of the memorial; and 21 22 WHEREAS, with the City Council's approval, the City hired consulting firm Kearns 23 & West ("K&W') to facilitate the memorial planning process; and 24 25 WHEREAS, K&W is a highly regarded national firm that specializes in facilitating 26 complex processes for public involvement and providing neutral conflict resolution 27 services to chart viable solutions; and 28 29 WHEREAS, K&W will serve as the family and survivor liaison, facilitate the 30 Memorial Committee, and create opportunities for the families, survivors, and community 31 to provide input in the memorial planning process. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 (1) That the membership of the Committee shall consist of between ten and twelve 37 voting members appointed by the City Council. The Committee shall consist of the 38 following: two City Council members; at least two design professionals having expertise 39 in the fields of architecture or landscape architecture; at least one mental health 40 professional; three members of the general public, including at least two directly affected 41 by the 5/31 tragedy; a family & survivor liaison; and one representative from the Historical 42 Preservation Commission. 43 44 (2) The Committee shall serve in an advisory capacity to the City Council. The 45 Committee may adopt rules for the conduct of its business. A chair and vice-chair shall 46 be elected by its members. The Committee shall serve until the dedication of the 47 memorial. Adopted by the City Council of the City of Virginia Beach, Virginia on the 5th day Octoher , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: S • IAA/eMier 4alt,zz ultural\Affairs City Attorney's Office CA15550 R-2 September 24, 2021 2 43 ITEM— VLK.7 ORDINANCES/RESOLUTIONS ITEM#72106 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with Atlantis Preservation LP and ACCEPT and APPROPRIATE a $25,000 donation from Atlantis Preservation LP to the FY 2021-22 Parks and Recreation Operating Budget re to implement programming for residents of the Atlantis Apartment 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None • October 5, 2021 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 MEMORANDUM OF UNDERSTANDING WITH ATLANTIS PRESERVATION LP 3 TO FUND AND IMPLEMENT PROGRAMMING FOR RESIDENTS OF THE 4 ATLANTIS APARTMENTS AND TO ACCEPT AND APPROPRIATE FUNDING 5 FROM ATLANTIS PRESERVATION LP 6 7 WHEREAS, the City's Department of Parks and Recreation, Youth Opportunity 8 Office ("City"), is proposing to partner with Atlantis Preservation LP ("AP") to bring 9 critical community services to six hundred residents of the Atlantis Apartments located 10 at 999 Atlantis Drive, Virginia Beach, Virginia; and 11 12 WHEREAS, AP is a real estate company committed to the creation and 13 preservation of affordable housing; and 14 15 WHEREAS, AP acquired the Atlantis Apartments in July 2021; and 16 17 WHEREAS, AP has agreed to provide the City with a cash donation in an 18 amount not to exceed twenty-five thousand dollars per year for three consecutive years 19 ("Donation"); and 20 21 WHEREAS, the Donation will be used by the City to support and manage the 22 implementation and operation of programs and activities that benefit residents of the 23 Atlantis Apartments; and 24 25 WHEREAS, the programming is designed to increase the stability of low to 26 moderate income households by creating access to empowerment and stewardship 27 strategies; and 28 29 WHEREAS, under the terms of the proposed memorandum of understanding 30 ("MOU"), the City will deliver no less than four programs per calendar year that directly 31 benefit residents of the Atlantis Apartments; and 32 33 WHEREAS the programming will be conducted at the Atlantis Apartments, at 34 Parks and Recreation facilities, or on other City property; and 35 36 WHEREAS, most programs will take place over a four-to-six week time period 37 and will cover topics such as health and wellness, financial literacy, employment, civic 38 engagement and cultural affairs; and 39 40 WHEREAS, the City will use funding from AP to support the operational costs of 41 administering the programming, including staffing, technology costs and online 42 education; and 43 44 WHEREAS, the proposed MOU requires AP to provide a representative to work 45 with the City to development a shared agenda and identifiable metrics for the 46 programming; and 47 48 WHEREAS, AP will use commercially reasonable efforts to attend planning 49 meetings with the City and to identify implementation needs, assessment and 50 evaluation plans, and future needs of the residents; and 51 52 WHEREAS, both the City and AP will assist with data collection and will report 53 data related to the programming to each other; and 54 55 WHEREAS, expected program outcomes include increased employment among 56 the 16-21-year age group, increased community involvement, increased civic 57 participation, improved health and wellness, improved relations between the community 58 and law enforcement, and improved relations between Atlantis residents and the 59 surrounding communities. 60 61 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 62 VIRGINIA BEACH, VIRGINIA, THAT: 63 64 1. The City Manager is hereby authorized to execute a Memorandum of 65 Understanding with Atlantis Preservation LP to fund and implement programming 66 for residents of the Atlantis Apartments, in accordance with the Summary of 67 Terms, attached hereto as Exhibit A, and other such terms, conditions and 68 modifications as may be acceptable to the City Manager and in a form deemed 69 satisfactory by the City Attorney. 70 71 2. A $25,000 donation is hereby accepted from Atlantis Preservation LP and 72 appropriated, with miscellaneous revenue increased accordingly, to the FY 2021- 73 22 Operating Budget of the Department of Parks and Recreation for the purpose 74 of funding critical community services for residents of the Atlantis Apartments. 75 76 3. As long as the MOU authorized herein is in full force and effect, the City Manager 77 is further directed to include subsequent $25,000 donations in the Manager's 78 Proposed Operating Budgets for each of FY 2022-23 and FY 2023-24 to allow 79 the Department of Parks and Recreation to continue the critical community 80 services for residents of the Atlantis Apartments. 81 82 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day 83 of October , 2021. 84 85 Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 K sub Parks and Recreation City Attorney's Office APPROVED AS TO CONTENT: ti epartment of Budget and Management Services CA15541 R-2 September 22, 2021 SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING PARTIES: The City of Virginia Beach("City")and Atlantis Preservation LP("AP") PURPOSE: Fund and implement programming for residents of the Atlantic Apartments TERMS: The Memorandum of Understanding("MOU")requires AP to: • Provide a cash or cash equivalent donation to the City in an amount not to exceed$25,000 per year for three consecutive years. • Provide a representative to work with the City to develop a shared agenda and identifiable metrics for the programming. The representative will use commercially reasonable efforts to attend planning meetings with the City and to identify implementation needs, assessment and evaluation plans, and future needs of the residents of the Atlantis Apartments. • Assist in data collection and report data related to the programming to the City. The MOU requires the City to: • Use the donation to support and manage the implementation and operation of programs and activities designed to benefit residents of the Atlantis Apartments. • Use the donation to deliver no less than four programs per calendar year that directly benefit residents of the Atlantis Apartments. Programming will generally take place over a four-to-six week time period and will cover subjects such as health and wellness, financial literacy, employment, civic engagement,and cultural affairs. • Conduct programming at the Atlantis Apartments, at Parks and Recreation facilities,or on other City property. • Support the operational costs of administering the programming, including staffing,technology costs,and online education. • Assist in data collection, report data to AP, and submit a report detailing program outcomes,percentage of resident participation and other key,agreed upon performance metrics. • Maintain adequate insurance coverage during the term of the MOU. The City will receive the first donation from AP within 60 days of execution of the MOU. The term of the MOU is 3 years. The MOU contains standard City contract provisions about governing law and venue. 44 ITEM— VLK.8 ORDINANCES/RESOLUTIONS ITEM#72107 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Kurtis Hooks, 1100 First Colonial Road, Phone: 496-4500, spoke in SUPPORT Upon motion by Council Member Berlucchi,seconded by Council Member Moss, City Council ADOPTED Ordinance to AUTHORIZE a$200,000 Grant to the Hampton Roads Workforce Council re mental health worker recruitment and retention bonuses (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Holcomb, and Wooten) 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, HOLCOMB, AND WOOTEN 1 AN ORDINANCE TO AUTHORIZE A GRANT IN THE 2 AMOUNT OF $200,000 TO THE HAMPTON ROADS 3 WORKFORCE COUNCIL FOR MENTAL HEALTH WORKER 4 RECRUITMENT AND RETENTION BONUSES 5 6 WHEREAS, the City Council desires to support a program to address the 7 recruitment and retention of mental health care providers in the City of Virginia Beach; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That $200,000 is hereby authorized for a grant to the Hampton Roads Workforce 13 Council to allow the Council to undertake a program to address workforce availability in 14 the mental healthcare industry. The source of the funding for the grant is the amounts 15 reserved for City Council initiatives and pandemic response. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 t h day of October , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement ervices C. tt ey's Office CA15547 R-2 September 27, 2021 00A Bg,Ic 4l4L 84, City of Virginia Seach z p,Fs Gitt 0� °F OUR MN"- VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:glowerevbgov.com DISTRICT 6-BEACH In Reply Refer to 0073017 October 12, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's consideration and vote on the ordinance to authorize a grant in the amount of$200,000 to the Hampton Roads Workforce Council for mental health worker recruitment and retention bonuses. 2. The applicant disclosed that Kaufman & Canoles that is one of its legal services providers. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43rd STREET.VIRGINIA BEACH VA 23451 Mrs. Amanda Barnes -2- October 12, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. &.:T Guy K. Tower Councilmember GKT/RRI 45 ITEM— VI.K.9 ORDINANCES/RESOLUTIONS ITEM#72108 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to AWARD a$5,000 Community Service micro-grant to the Hispanic Resource Center of Coastal Virginia re to support the Hispanic Heritage Celebration (Requested by Council Member Berlucchi) 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 REQUESTED BY COUNCILMEMBER BERLUCCHI 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICE MICRO-GRANT TO THE HISPANIC RESOURCE 3 CENTER OF COASTAL VIRGINIA FOR THE PURPOSE OF 4 THE HISPANIC HERITAGE CELEBRATION 5 6 WHEREAS the Hispanic Resource Center of Coastal Virginia requested a micro- 7 grant from the City of Virginia Beach for its Hispanic Heritage Celebration; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 A grant of $5,000 is hereby authorized from the Opportunity Grants item in the 13 Non-Departmental Budget to the Hispanic Resource Center of Coastal Virginia to support 14 the Hispanic Heritage Celebration. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of October , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management ervices Cit ne s Office CA15548 R-1 September 20, 2021 46 ITEM— VI.K.10 ORDINANCES/RESOLUTIONS ITEM#72109 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT$42,709 from the Department of Criminal Justice Services to the FY 2021-22 Human Services Operating Budget re Human Services Community Corrections and Pretrial Services Division 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 1 AN ORDINANCE TO ACCEPT $42,709 FROM THE 2 COMMONWEALTH FOR COMMUNITY CORRECTIONS 3 AND PRETRIAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $42,709 is hereby accepted from the Virginia Department of Criminal Justice 9 Services to the FY 2021-2022 Department of Human Services Operating Budget for the 10 Community Corrections and Pretrial Services, because that amount is in excess of the 11 estimate that was the basis of the adopted FY2021-22 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of October , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 71 ‘'•;:1`- aUjc IV(26 10' Budget and Management Services tt ey's Office CA15549 R-1 September 21, 2021 47 ITEM— VLIG1 (ADD ON) ORDINANCES/RESOLUTIONS ITEM#72110 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Resolution to Rename the Thalia Emergency Medical Services Station as, "The James L. Wood Thalia Emergency Medical Services Station" (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Berlucchi, Henley, Holcomb,Jones, Moss, Tower, and Wooten) 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, HENLEY, HOLCOMB, JONES, MOSS, TOWER AND WOOTEN 1 A RESOLUTION RENAMING THE THALIA 2 EMERGENCY MEDICAL SERVICES STATION AS 3 "THE JAMES L. WOOD THALIA EMERGENCY 4 MEDICAL SERVICES STATION" 5 6 WHEREAS, former Vice Mayor James L. Wood was first elected to the City Council 7 in 2002 and was reelected four times as the Lynnhaven District representative, and in 8 2018, he was elected as Vice Mayor by the members of the City Council; 9 10 WHEREAS, Wood is a 1981 graduate of Princess Anne High School; 11 12 WHEREAS, after graduating from Washington and Lee University in 1985, he 13 began his career in public service as a Virginia Beach police officer and was assigned to 14 various specialty units, including DUI enforcement and a precinct-level anti-crime team; 15 16 WHEREAS, during his tenure on the City Council, Wood was a staunch supporter 17 of the City's public safety agencies and a tireless champion of the City's Emergency 18 Medical Services (EMS) and volunteer rescue squads, successfully advocating for 19 resources to support volunteer operations, recruiting, retention and training; 20 21 WHEREAS, Wood was a frequent speaker at rescue squad events and 22 departmental award programs, highlighting the Council's support for the City's emergency 23 medical responders; 24 25 WHEREAS, one of Wood's many actions in support of emergency medical 26 services in the City was his bringing forward of the concept of converting the former Thalia 27 Volunteer Fire Station into an EMS station; 28 29 WHEREAS, in large part due to his efforts, the City Council in 2014 funded the 30 conversion of the fire station to become the Thalia Emergency Medical Services Station, 31 the first City-owned, stand-alone EMS station in Virginia Beach, and it quickly became 32 one of the most active in the City, improving response times and providing critical support 33 to its primary service area of Thalia, Town Center and adjoining neighborhoods and also 34 supporting three neighboring stations: Plaza, Davis Corner, and Kempsville; and 35 36 WHEREAS, the City Council wishes to express its deep appreciation for former 37 Vice Mayor Wood's decades of exemplary public service to our City by renaming the 38 Thalia Emergency Medical Services Station in his honor; 39 40 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 1. That the Thalia Emergency Medical Services Station, located at 333 Thalia 44 Road, is hereby renamed as "The James L. Wood Thalia Emergency Medical Services 45 Station"; and 46 47 2. That the City Manager is hereby directed to take all steps necessary to revise 48 signage for the facility and all other references to the facility to include this new name. 49 50 Adopted by the City Council of the City of Virginia Beach, Virginia, this 5 t h day 51 of October , 2021. APPROVED AS TO LEGAL SUFFICIENCY: Gtiefre;v6 City Attorney's Office CA15551 R-2 October 5, 2021 48 ITEM— VI.L.1 PLANNING ITEM#72111 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of LYNNHAVEN DIVE CENTER, LLC/BLUE WATER PROPERTIES, LLC & SLMD, LLC for a Conditional Use Permit re vocational school and a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 2204 Poplar Point Road& 1413 North Great Neck Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN DIVE CENTER,LLC/BLUE WATER PROPERTIES, LLC& SLMD, LLC for a Conditional Use Permit re vocational school and a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 2204 Poplar Point Road& 1413 North Great Neck Road (GPINs 2408185832, 2408185645)DISTRICT S—LYNNHAVEN The following conditions shall be required: 1. When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Lynnhaven Dive Center — Virginia Beach, VA — Conceptual Planting Plan",prepared by Timmons Group, dated June 29, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the property is redeveloped, the exterior of the dive center building shall substantially adhere in appearance, size and materials to the elevations and renderings entitled, "Lynnhaven Dive Center— Virginia Beach, VA—Exterior Elevations/Exterior Views",prepared by TMA Tymoff+ Moss Architects, dated July 1, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. Prior to site plan approval, the applicant/owner shall submit a subdivision plat vacating the interior property lines to the Department of Planning & Community Development for review, approval, and recordation. 4. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board ofZoning Appeals,and there shall be no neon,other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 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 5`J'day of October Two Thousand Twenty One. October 5, 2021 49 ITEM— VLL.1 PLANNING ITEM#72111 (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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 ,---_______1 \ . . \ \\._, .\ \\ \ <>O 0 C�'' B.2 \ , ',77(,/,' ., B2 , g_2 / 'Ao �� i42 V i ? �R10 .��/,, ‘ \., 0 R204. \ 2 O % \' //\ , B2 7" ,!4oa, y ,a <3. \ . ,_ , \0+ 120 BZ ��q. 1 , R10 \\\ N 'VA Site Lynnhaven Dive Center, LLC W ` Property Polygons 2204 Poplar Point Road, Q Zoning 1413 N Great Neck Road Building Feet 0 25 50 100 150 200 250 300 50 ITEM— VLL.2 PLANNING ITEM#72112 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED, AS MODIFIED, BY CONSENT, Application of TVT I, LLC, DB/A TOWER VENTURES CIO LOU KATZERMAN / PLEASANT VALLEY ASSOCIATES, LLC, for a Modification of Conditions re communication tower at 4221 Pleasant Valley Road DISTRICT 1 —CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TVT I, LLC, DB/A TOWER VENTURES C/O LOU KATZERMAN/ PLEASANT VALLEY ASSOCIATES, LLC, for a Modification of Conditions re communication tower at 4221 Pleasant Valley Road(GPIN 1475047711)DISTRICT 1—CENTERVILLE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted on December 2, 2008 are hereby deleted and superseded by the following conditions. 2. The communication tower shall be constructed as a stealth tower as shown on the site plans entitled, "VA 1005 Sun Devil II,"prepared by Foresite Group, LLC, dated December 28, 2020. The site plan has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The tower shall not exceed 134 feet in height(AGL). 4. As provided by Section 232 of the City Zoning Ordinance, the setback requirement and the landscaping and screening requirements for the tower are modified to the minimum setback offorty (40)feet and screening shown on the plans referenced in Condition 2 above. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one (1)year, the applicant shall remove the tower, antennas and related equipment from the property within ninety(90)days. 7. No signage shall be permitted on the communication tower. 8. The lease area, as depicted on the site plans entitled, "VA 1005 Sun Devil II,"prepared by Foresite Group, LLC, dated December 28, 2020, shall be surrounded by a solid fence, including the gate, with a minimum height of six(6)feet. Chain link or barbed wire shall not be permitted. October 5, 2021 51 ITEM— VLL.2 PLANNING ITEM#72112 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 5`h day of October 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 08L 059 0Z5 06£ 09Z 0£1.59 0 load I 6u!plin8 6u!uoZ s peoJ AalleA lUeseald I ZZV suo6/(Iod AJadoJd 1h ueuaaaz;eyl not up saan�uaA JeMol a/q/p `o1-1 `I lAl a}!s %// N S �gip.-- wiia! I WA rwo• �'rr Q 5� ` o nei, . ° I` `` t �tal'• r ° a .• ti10010111 ' f� \! ; ; ; øø1 �� r1 � �titT. _ 1� ti �•�0, o,. (��-��\��, --- 0 '`. ;* rfit ilitik-41, _____ -. ---. 4 e%,%7. 7ityi 514 . 4.! . A % ' - -7 0 4444 „•,: \,, ,o. , moll% --_ 4t.tak7r 14' 21j P4 red-to-0 c 1( �' �' �* 4640,,,,i' '� _ ,��M, 001.0 o •� °' �Qa�� fit/ y,. z �Vr A -Z��d �r—/ ,, _- asu aik �� i— of � _ - , . , ,, c=k) 1.0 jr, 7,c3//a13 co 4' ma* i uv --gii 0 * -,---Ift. .64 I I 00 taj le *w - * - .:4S. -4213 \ et w31 ' "'"'"'w ii-- id wisi , . Alt• ) - ost • . 3, T.; =-,. * * ..41, .....4. • _ c, 0 ill w . iwa _.;., A 0__- * • . s 00;10 . tts A: >I- 0 1 um ov ��Q�5:2� * Cif =4-• b_i - -Qr.._dim -_,,,F:,6,#4-:&A $414, a o \A\ O* m01 fit. ow A:10 '---_4 ♦r° f��`,IN ..A. v. - ,orjibb �'*low -c-.3 cts\ H �� +��'� �_j ,04410 f "•I'� �s M �.- + ° - - - - - - _ a ias Cam , q« � i � ate_ , � �11 �. o �aaa�-- Lp.. i ��►o, �, • O� a .o • • aenaln 9:.sows „mgemir - . ° ° o - �� 9°\? 4;� 4 :it,- f= klig• vZi�Vimis r =00,4•M 4* Ca.g N A wii c"-----,.... . ,o• ,,_. Q * .o ♦ ' •• li r11rr 0 b_�► �► itntsjs wItHiztiv-sf 1.41 ;0:.4.: A '' 0 , �' —I ill' II iv 1 52 ITEM— VLL.3 PLANNING ITEM#72113 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Application of YVONNE LEE HYPES LUCAS & ESTHER DIANE SCHNEIDER, CO- EXECUTRIXES OF THE ESTATE OF VARENIA CRAIG HYPES RYAN for a Change of Zoning from B-1 Neighborhood Business District to R-5R Residential Resort District re single-family dwelling at 4504 Guam Street DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA YVONNE LEE HYPES LUCAS & ESTHER DL4NE SCHNEIDER, CO-EXECUTRIXES OF THE ESTATE OF VARENIA CRAIG HYPES RYAN for a Change of Zoning from B-1 Neighborhood Business District to R-5R Residential Resort District re single-family dwelling at 4504 Guam Street(GPIN 1570618235)DISTRICT 4—BAYSIDE 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 5`h day of October 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 R�5 /i R ~„ _ R5f ( i li 0 0 B1 R5R okoU / I , t Roa i d B1/ nr. I 1 1 lil / oii, f,.7 — - aU L., I i CR L ko u hit R a� , Q GUa _ L-I 1111- B 1 I R5R 41111r1 u , u 0 of u o l __I_ u R5R i r 0 / u i �_°CIO I 0 R10 / / R5R / P N 4 Site Yvonne Lee Hypes Lucas & Esther Diane Schneider, W ' Property Polygons Co-Executrixes of the Estate of Varenia Craig Hypes Ryan s . Zoning 4504 Guam Street Building Feet 0 1530 60 90 120 150 180 53 ITEM— VLL.4 PLANNING ITEM#72114 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of JENITA WHITE for a Conditional Use Permit re family day-care home at 1109 Malcoms Way DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA JENITA WHITE for a Conditional Use Permit re family day-care home at 1109 Malcoms Way(GPIN 1466304744)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve(12)children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one(1)person, other than the applicant,shall assist with the operation of the Family Day-Care Home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 7. The applicant/owner shall maintain a six (6) -foot privacy fence around the perimeter of the rear yard for the duration of the use. 8. There shall be only one Home Occupation, the Family Day-Care Home, operating on the property associated with this Conditional Use Permit. 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 5rh day of October 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 R7.5 0 Donalbaine Drive , / IC ) R7.�5 i \ C:\-_ , - \ \ ♦IC: ] 1 1 Eirj:\ S LI .7.,--- :_:- �e (!7:5// G�,�c R / (------\,_ ____/60- 0 04 ii `6,i_ i • R7.5 4.0 5 it, o\ \ .s (',Ou \ 46 Goa N A Site Jenita White W � Property Polygons 1109 Malcoms Way s Zoning Building Feet 0 1530 60 90 120 150 180 54 ITEM— VLL.5a PLANNING ITEM#72115 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Ordinances to AMEND City Zoning Ordinances(CZO): a. Section 602 re dimensional requirements in Apartment Districts 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 1 AN ORDINANCE TO AMEND SECTION 602 OF 2 THE CITY ZONING ORDINANCE PERTAINING 3 TO DIMENSIONAL REQUIREMENTS IN 4 APARTMENT DISTRICTS 5 6 Section Amended: § 602 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 602 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 602. Dimensional requirements. 19 20 The following chart lists the requirements within the A-12 through A-36 21 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 22 coverage for semidetached dwellings. 23 24 (a) For semidetached dwellings: 25 Apartment Districts A-12 A-18 A-24 A-36 (4.1) 5 feet 5 feet 5 feet 5 Minimum side yard setback for accessory structures no feet larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (4.2) 30 30 30 30 Minimum side yard setback when adjacent to a street in feet: (5) 10 10 10 10 Minimum rear yard setback in feet: 26 27 The following chart lists the requirements within the A-12 through A-36 28 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 29 coverage for duplex dwellings. 30 31 (b) For duplex dwellings: 32 Apartment Districts A-12 A-18 A-24 A-36 (4.1) 5 feet 5 feet 5 feet 5 feet Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (4.2) 30 30 30 30 Minimum side yard setback when adjacent to a street in feet: (5) 10 10 10 10 Minimum rear yard setback in feet: 33 34 The following chart lists the requirements within the A-12 through A-24 35 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 36 maximum density and maximum number of units constructed in a single building for 37 single-family attached dwellings (townhouses). 38 39 (c) For attached dwellings (townhouses): 40 Apartment Districts A-12 A-18 A-24 (7.1) 5 5 5 Minimum side yard setback for accessory structures no larger feet feet feet than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: 7.2) 30 30 30 Minimum side yard setback when adjacent to a street in feet: (8) 20 20 20 Minimum rear yard setback for dwellings in feet: 41 42 The following chart lists the requirements within the A-12 through A-36 43 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage 44 and maximum density for multiple-family dwellings. 45 46 (d) For multiple-family dwellings: 47 Apartment Districts A-12 A-18 A-24 A-36 (4.1) 5 feet 5 feet 5 feet 5 feet Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street: (4.2) 30 30 30 30 Minimum side yard setback when adjacent to a street in feet: (5) 10 10 10 10 Minimum rear yard setback in feet: 48 49 The following chart lists the requirements within the A-12 through A-36 50 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage 51 and maximum floor area ratio for uses and structures other than dwellings. 52 53 (e) For uses other than dwellings: 54 Apartment Districts A-12 A-18 A-24 A-36 (3) 30 30 30 30 Minimum front yard setback in feet: (3.1) 30 30 30 30 Minimum side yard setback when adjacent to a street in feet (4) 15 10 10 8 Minimum side yard setback in feet: 55 56 (g) Any yard adjacent to a street within the 57 be a minimum of thirty (30) feet. 58 59 (h) (q) Front and side-yard setbacks adjacent to a street may be reduced in accordance 60 with the provisions of Part H of Article 2. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of October , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J A Y1C/i)-(--87" Planning v epart ent City Attorney's ice CA15496 R-1 July 9, 2021 55 ITEM— VLL.5b PLANNING ITEM#72116 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council APPROVED,BY CONSENT, Ordinances to AMEND City Zoning Ordinances(CZO): b. Section 1306 re ADD assembly uses as Conditional Uses in Historic and Cultural Districts 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 1 AN ORDINANCE TO AMEND SECTION 1306 2 OF THE CITY ZONING ORDINANCE TO ADD 3 ASSEMBLY USES AS CONDITIONAL USES 4 IN THE HISTORIC AND CULTURAL 5 DISTRICTS 6 7 Section Amended: § 1306 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 105 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 1306. Conditional uses. 20 21 (a) In order to promote the preservation of historic structures, the following uses shall 22 be permitted within the historic and cultural district, regardless of the underlying 23 zoning district classification, if authorized by a conditional use permit. A conditional 24 use permit may be granted only if the city council finds that the operation of the use 25 will not produce adverse impacts, such as excess traffic, noise or on-street parking 26 demand, upon the surrounding area: 27 28 (1) Bed and breakfast inns; 29 30 (2) Antique shops; 31 32 (3) Museums and art galleries; 33 34 (4) Specialty shops; and 35 36 (5) Offices of nonprofit organizations ; and 37 38 (6.) Assembly uses. 39 40 (b) No conditional use permit shall be required for any such use allowed as a principal 41 use in the zoning district underlying the historic and cultural district unless living 42 quarters are provided. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of October , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 41.)' -)\5 -`/\) Planning Department City Attomey's Office CA15509 R-1 July 28, 2021 56 ITEM— VLH.1 PUBLIC COMMENT ITEM#72117 Mayor Dyer DECLARED A PUBLIC COMMENT: CANDIDATES FOR CITY COUNCIL VACANCY-LYNNHAVEN The following registered to speak: Rona Marsh, 4382 Lynnville Crescent,Phone: 270-7900, spoke in SUPPORT of Holly Cuellar William Sessoms, spoke in SUPPORT of Linwood Branch Barbara Messner, P. O. Box 514, spoke in OPPOSITION to Linwood Branch and Richard Maddox. Keith Carlson, 798 Atley Lane, Phone: 703-297-5057, spoke in SUPPORT of Holly Cuellar Ken Tyler, 5248 TanCreti Lane,Alexandria, Phone: 304-614-7888, spoke in SUPPORT of Holly Cuellar Julia Inglesby, 3183 Tidal Bay Lane, Phone: 773-3484, spoke in SUPPORT of Holly Cuellar Sheila Griffin, 3812 Littleneck Road, Phone: 621-4846, spoke in SUPPORT of Holly Cuellar Karen Fortier, 716 Prince Charles Lane, Phone: 619-5181, spoke in SUPPORT of Holly Cuellar Debbie Hines, Phone: 428-6141, spoke in SUPPORT of Linwood Branch Lauris Geheren, 3116 Yeates Lane, Phone: 472-0631, spoke in SUPPORT of Holly Cuellar Tara Corrigall, 212 55th Street, Phone: 404-386-5265, spoke in SUPPORT of Holly Cuellar Yusef Tejada, 5632 Sedgemoor Road, Phone:214-5130, spoke in SUPPORT of Holly Cuellar Robert Oldani, 5212 Winding Bark Road, Phone: 473-0624, spoke in SUPPORT of Holly Cuellar Martha Thereault, 4311 Black Beard Road, Phone: 287-2808, spoke in OPPOSITION to the appointment process Varshid Vachhani, 1211 Atlantic Avenue, Phone: 428-1183, spoke in SUPPORT of Linwood Branch Lisa Turner, 4451 Gulls Quay, Phone:202-816-0986, spoke in SUPPORT of Carla Hesseltine Jamal Gunn, 601 Hunts Pointe Drive, Phone: 576-1295, spoke in SUPPORT of Carla Hesseltine Rabi Zoberman, 905 Brookbury Court, Phone: 617-0334, spoke in SUPPORT of Carla Hesseltine Sean Monteiro, 3817 Stumpy Lake Lane, Phone: 808-469-2700, spoke in SUPPORT of Carla Hesseltine JaPharii Jones, Phone: 880-3276, expressed his disapproval of City Council Jake Jacoks, P. O. Box 6652, Phone: 373-5500, spoke in SUPPORT of Linwood Branch Rhonda Young, expressed her frustration with the local news stations Jennifer Lester, 4536 Piosso Drive, Phone: 407-4051, spoke in OPPOSITION of Carla Hesseltine Jay Boone, Phone: 613-6971, spoke in SUPPORT of Carla Hesseltine Tim Solanic, 3612 Dupont Circle, Phone: 287-0320, requested City Council deny the Marlin Bay application Gary McCollum, 3901 Meeting House Road,Phone: 708-5987, spoke in OPPOSITION to Linwood Branch Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION to Linwood Branch Robert Dean, 1204 Shawn Drive, Phone: 287-8694, spoke in SUPPORT of Holly Cuellar There being no additional speakers,Mayor Dyer CLOSED the PUBLIC COMMENT October 5, 2021 57 ITEM— VLM APPOINTMENTS ITEM#72118 Mayor Dyer advised Appointments to Boards and Commissions will be heard following the appointment of the Lynnhaven City Council Member. October 5, 2021 58 ITEM— VLP. RECESS TO CLOSED SESSION ITEM#72119 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: PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • City Council Lynnhaven Seat October 5, 2021 59 ITEM#72119 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 8:43 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 8:43 P.M. — 8:50 P.M. Closed Session 8:50 P.M. — 8:57 P.M. October 5, 2021 60 ITEM— VLQ CERTIFICATION ITEM#72120 Mayor Dyer RECONVENED the Formal Session at 8:58 P.M Upon motion by Vice Mayor Wilson, seconded by Council Member Henley, 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 00A-BE,4c '^r C CF OYR N'ooS RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#72119 on Page 59 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. da Ba es, MMC City Clerk October 5, 2021 61 ITEM— VLQ APPOINTMENT OF LYNNHAVEN DISTRICT CITY COUNCIL MEMBER ITEM#72121 Mayor Dyer opened the floor for NOMINATIONS: Vice Mayor Wilson nominated Linwood Branch Council Member Moss nominated Richard Maddox There being no additional nominations, Mayor Dyer instructed the Body to press the green button to vote for Linwood Branch and the red button to vote for Richard Maddox Voting Results: Council Members voting green for Linwood Branch—6 Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones and Vice Mayor Rosemary Wilson Council Members voting red for Richard Maddox—4 John D.Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: None Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: Linwood O. Branch Unexpired term of James L. Wood October 5,2021—December 31, 2022 (or until a special election is held and a winner is certified) *Council Member Branch completed his Oath of Office at the Circuit Court Clerk's Office the following day, attached hereto and made a part of the record. October 5, 2021 VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE OATH I, Linwood O. Branch, do solemnly swear (or affirm) that I will support the Constitution of the United States,and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as a member of the Virginia Beach City Council, Lynnhaven District, for a term beginning October 5, 2021 and ending December 31, 2022, or until a special election is held and winner is certified, according to the best of my ability, (so help me God). d 4,----. Signature of Person Taking Oath Oath taken and subscribed to before me on October 6, 2021. Tina E. Sinnen, Clerk c By: Deputy C rk INSTRUMENT II 202111002613 PAGE 1 OF 1 RECORDED VIRGINIA BEACH CIRCUIT COURT Oct 06,2021 AT 12:47 pm CO OATH TINA E.SINNEN,CLERK 62 ITEM— VIM APPOINTMENTS ITEM#72122 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 GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD October 5, 2021 63 ITEM— VLM APPOINTMENTS ITEM#72123 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: MICHAEL F.BERLUCCHI SABRINA D. WOOTEN (Council Member) No Term 5/31 MEMORIAL COMMITTEE 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 64 ITEM— VI.M APPOINTMENTS ITEM#72124 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: GUY K. TOWER (Council Member) Unexpired term thru 4/30/2023 AUDIT COMMITTEE 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 65 ITEM— VLM APPOINTMENTS ITEM#72125 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DAVID PLUM Unexpired term thru 6/30/2022 Plus three year term 7/1/2022—6/30/2025 BIKEWAYS AND TRAILS ADVISORY COMMITTEE 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 66 ITEM— VLM APPOINTMENTS ITEM#72126 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: LON CARPENTER DAVID LEADER Three year term 10/5/2021 —9/30/2024 And EDNA BAEHRE-KOLOVANI Unexpired term thru 3/31/2022 Plus three year term 4/1/2022—3/31/2025 CLEAN COMMUNITY COMMISSION 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 67 ITEM— VLM APPOINTMENTS ITEM#72127 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: DIANE PORTLOCK (Payroll Administrator) No Term DEFERRED COMPENSATION 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 68 ITEM— VLM APPOINTMENTS ITEM#72128 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: N.D. "ROCKY"HOLCOMB (Council Member) No Term HAMPTON ROADS PLANNING DISTRICT COMMISSION 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 69 ITEM— VLM APPOINTMENTS ITEM#72129 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JACQUELINE FEAGIN (Licensed Real Estate Salesperson or Broker) Four year term 10/5/2021—9/30/2025 HOUSING ADVISORY 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 70 ITEM— VLM APPOINTMENTS ITEM#72130 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: KARLAA GREGORY HERMAN VALENTINE CAVELLE MOLLINEAUX Two year term 10/5/2021 —9/30/2023 MINORITY BUSINESS 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 71 ITEM— VLM APPOINTMENTS ITEM#72131 Upon nomination by Vice Mayor Wilson, City Council APPOINTED: JOHN D.MOSS (Council Member) Unexpired term thru 8/31/2026 And ROSEMARY WILSON (Vice Mayor) No Term OCEANA LAND USE CONFORMITY COMMITTEE 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 72 ITEM— VII.K. APPOINTMENTS ITEM#72132 Upon nomination by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LIAISON: COMMUNITY SERVICES BOARD N. D. "ROCKY"HOLCOMB 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None October 5, 2021 73 ADJOURNMENT ITEM#72133 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 9:08 P.M. Tern . e ius- Chief DeputfCity Clerk Amanda Barnes, C Robert M. Dyer City Clerk Mayor October 5, 2021 74 OPEN DIALOGUE The following registered to speak: Barbara Messner, P. O. Box 514, expressed her frustration with City Council JaPharii Jones, Phone: 880-3276, expressed his disapproval of City Council Jay Boone, Phone: 613-6971, spoke concerning the racist complaint in the Salem Lakes neighborhood Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke concerning the racist complaint in the Salem Lakes neighborhood ADJOURNED at 9:20 P.M. October 5, 2021