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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 19, 2021
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City
Hall, on Tuesday, October 19, 2021, at 2:30 P.M
Council Members Present:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John
D. Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson - Vacation
2
CITY MANAGER'S BRIEFINGS
FY2021-22 INTERIM FINANCIAL UPDATE
ITEM#72134
2:30 P.M.
Mayor Dyer welcomed to Letitia Shelton, Director-Finance. Ms. Shelton expressed her appreciation to
City Council for their continued support:
-
FY 2022 Interim Financial Statements
General Fund Overview-through September 30,2021 (Cash Basis and Unaudited) '(
October 19,2021 �/�j
Here are the FY 2022 General Fund Revenues and Expenditures through September 30, 2021:
FY 2022 General Fund Revenues and Expenditures
through September 30,2021
($Amounts in Millions)
YTD Actual as
Budeet YTD woof Budeet FY2021. EYZ424
Revenues
Local S 1,039.0 S 87.9 8.5% S 73.0 S 68.5
State(includes PPTRA) 167.3 29.7 17.8% 25.7 26.7
Federal 24.1 4.3 17.8% 4.2 5.5
Total Revenues S 1,230.4 S 121.9 9.9% S 102.9 S 100.7
Expenditures
City Operations S 788.8 S 187.0 S 601.8 S 187.3 S 176.0
City Capital Projects-Cash Funding 74.6 74.6 - 48.8 53.9
Transfer to Schools 456.9 114.2 342.7 109.7 112.0
Transfer to School Capital Projects 9.0 9.0 - 2.8 0.9
Total Expenditures S 1,329.3 S 384.8 S 944.5 S 348.6 S 342.8
Appropriated from Fund Bala tto S (98.91 $ (262.9)
Department of Finance.October 19.2021,FY2022 Interim Financial tllateane 2
October 19, 2021
3
CITY MANAGER'S BRIEFINGS
FY2021-22 INTERIM FINANCIAL UPDATE
ITEM#72134
(Continued)
Here are the FY 2022 General Fund Highlights-Local Revenues through September 30, 2021:
FY 2022 General Fund Highlights - Local Revenues
through September 30, 2021
(5 Amounts in Millions)
YTD Actual
YTD as%of
Local Revenue YTD Budget Actual Budget FY 2021 FY 2020
Real Estate Tax $ 592.6 $ 3.5 0.6% $ 5.1 $ 2.1
Personal Property Tax 119.0 7.0 5.9% 5.7 5.9
General Sales Tax 72.8 16.7 22.9% 13.8 135
Business Licenses 53.2 1.1 2.1% 2.2 1.1
Utility/Telecom Tax 44.5 9.8 22.0% 9.5 9.9
Restaurant Meal Taxes 39.8 15.7 39.4% 8.3 12.9
Hotel Taxes 7.2 5.7 79.2% 3.6 3.2
Other Local Taxes 33.4 6.6 19.8% 7.3 5.6
Charges for Services 43.9 12.2 27.8% 8.1 9.7
Other Revenues 17.8 6.0 33.7% 4.7 1.8
Total $ 1,024.2 $ 84.3 8.2% $ 68.3 $ 65.7
Department of Finance.Se
pte
mber 21.2021,FY2022 Interim rinandd 11 3
Here are the FY 2022 General Fund Highlights-Expenditures through September 30, 2021:
FY 2022 General Fund Highlights - Expenditures
through September 30, 2021
($Amounts in Millions)
YTO Actual
as%of
Expenditure Types: YTD Budget YTD Actual Budget FY 2021 FY 2020
Personnel:
General Government $ 280.1 $ 58.3 20.8% $ 59.0 $ 58.2
Public Safety-Fire 56.3 14.4 25.6% 13.2 11.8
Public Safety-Police 95.4 21.7 22.7% 22.4 20.2
Public Safety-EMS 9.4 2.4 25.5% 2.3 2.0
Public Safety-ECCS 9.6 1.7 17.7% 2.1 2.0
Other Operating Cost 239.2 60.1 25.1% 57.0 53.6
Debt Service 59.3 18.2 30.7% 20.9 19.7
Trsf to Schools-Operating and OP 465.9 123.2 26.4% 112.5 112.9
Other Transfers 114.1 84.8 74.3% 59.2 62.4
Total $ 1,329.3 $ 384.8 28.9% $ 348.6 $ 342.8
Department of Finance.October 19.2021.FY2022 Intenm Financidlliy 4
October 19, 2021
4
CITY MANAGER'S BRIEFINGS
FY2021-22 INTERIM FINANCIAL UPDATE
ITEM#72134
(Continued)
Here is the FY 2022 General Fund Summary:
FY2022 General Fund Summary
'
ACTUAL EXPENDITURLS YTM 221M.J M/$1,229.2 M MM —f-- '
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Department o'F t -.October 19.2021.FV2022 tntenm Fra^.0 a statements 5
Summary — FY 2022 General Fund through September 30,
2021
• Total Revenues for FY 2022 are $19.1M greater than PY
• Sales Tax($2.9M)continues to outperform prior years
• Hotel Tax($2.OM)and Meal Tax($7.4M)exceeding prior year and also
exceeding pre-pandemic collections
• Total Expenditures for FY 2022 are $36.2M greater than PY
• Personnel Cost up 5.9%(less Hazard Pay and Appreciation Pay)
• Transfer to CIP projects-$74.6M in FY22, $48.8 in FY21
Department of Finance.September 21,2021,FY2022 Intenm Ftnancistalbuy 6
October 19, 2021
5
CITY MANAGER'S BRIEFINGS
FY2021-22 INTERIM FINANCIAL UPDATE
ITEM#72134
(Continued)
Here are the Next Steps:
Next Steps
FY 2022 October Update
FY 2021 Audited Financial Statements
Update
FY 2022 November Update
December 21 2021 T!!:IiiiiggSgi.a
Deperment o!Finance.September 21.2021,FY20221n1erim m8, 7
Mayor Dyer expressed his appreciation to Ms. Shelton for the presentation.
October 19, 2021
6
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
2:35 P.M.
Mayor Dyer welcomed Toni Utterback,Administrator and C. J. Bodnar, P. E. -Stormwater Engineering
Center. Ms. Utterback expressed her appreciation to City Council for their continued support and turned
the presentation over to Mr. Bodnar:
Stormwater Master Plan Update
October 19, 2021 V:fJ
Here is the Agenda:
Agenda
• Background Data
• Process for Master Plan Update
• Master Plan Development
• Model Demonstration
2
October 19, 2021
7
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Background Data
The current Stormwater Master Plan was completed in the 1990's:
Last Approved Stormwater Master Plan
Vftrivol -nob Ow*
STORMWATER $ 411 A ", �j -
MANAGEMENT PLAN 441iia5�4a101 „_,
m mop
CDM Current Master Plans completed in the 1990s
4
October 19, 2021
8
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Here is an overview of the reasons to update the Stormwater Master Plan:
Stormwater Master Plan — Why update?
• Update stormwater system inventory
• Create models of the existing stormwater system
• Assess performance of stormwater system
o Flood control
o Stormwater quality
• Identify deficiencies in the stormwater system
• Determine needed improvements
• Provide information for project designs
• Create Comprehensive Stormwater Management Plans
; .;�.R s
Process for Master Plan Update
"NM 1.11111 6
October 19, 2021
9
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Here is an example of the Data Collection Process:
Data Collection
• Continuous Process
o Verify existing information - -
_ <�<. rrPE
o New pipes and structures '•
"•
cta-
• City survey crews collecting data every
day since October 2015
o Located over 23,000 structures to date If—
Man
rnw A•('.S'. .
• Integrated structure information from
Norfolk, Chesapeake, JEB Little Creek- , -' —
Fort Story and NAS Oceana •0 a•. •`
+STRUCTURE INSPECTION & EVALUATION REPor
The next three (3)slides provide an overview of Model Construction:
Model Construction 1
• Modeling all 15 drainage basins
• All models prepared in PCSWMM — ��
except Lower Southern Rivers
• PCSWWM uses EPA SWMM as its 10iiralik
8engine
• Lower Southern Rivers models
prepared in MIKE suite of programs
o Allows effects of wind into the modeling
parameters
- g
October 19, 2021
10
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Model Construction
• Models include the Primary Stormwater System
o Stormwater pipes larger than 24-inches in diameter
oStormwater management facilities(ponds and lakes)
o Natural conveyance systems(ditches/swales/canals)
• Models prepared for 1-, 2-, 10-, 25-, 50-, 100- and 500-year storm
events using the new stormwater design standards adopted in 2020
• Models prepared for 1.5-ft and 3-ft sea level rise
s
Comparison of 1990 Modeling to Current
•._._ - o.ate..w.:,
s .
4 t
2018 Model Schematic.3.184 nodes 13.762 conduits
0
October 19, 2021
11
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Validation/Calibration Photographs
I
Ill
- � l,
Photographs provided by citizens of flooding events were used to provide the Calibration/Validation
Results below:
Calibration/Validation Results
Table 3-4 September 19,2016 Flood Elevations M 10100 AM(Revised Model)
Flood Elevations(feet
ID Location NAND) Delta
Observed Model (feet)
2 N Rosemont Road between Old Forge Road and 5.7 5.7 0.0
Club Rouse Road
2 S Rosemont Road between Old forge Road and 5.7 5.7 0.0
Club Nouse Road
3 Rosemont Road near St.Francis Church 5.7 5.7 0.0
5 South Plata Trail and Palace Green Boulevard 5.9 5.8 -0.1
6 Salina Drive and Palace Green Boulevard 5.7 5.8 0.1
7 Start4Mer Drive east of Palace Green Boulevard 5.8 SA 0.0
8 SBna Dove north of Windsor Wood,Boulevard 6.0 5.11 -0.2
9 Slone Drive north of Colonial Parkway 5.7 6.0 0.3
10 Brentwood Crescent south of Cortland Lane 6.5 6.a .0.1
11 South Boulevard west of Brentwood Crescent 6.6 6.4 -0.1
12 lake Windsor near South Boulevard 5.2 5.1 -0.1
13 South Boulevard near uke Wmd,or 5.1 5.1 0.0
14 South Plata Trail south of the President al Canal 6.1 5 8 -0 3
Average delta - .US 12
•
October 19, 2021
12
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Master Plan Development
13
Here is an overview of the Master Plan Development:
Dam Neck&Upper West Neck Creek Drainage Baains
Master Plan Development
• Models identify areas where simulated w , ?,
flooding occurs ` rt
2-, 10-,25, 50-and 100-year storms .:�,.+_• ��. J
to+Y u. • fi
• Master plan evaluates simulated ! j
flooding areas to determine impacts - � A1
• Multiple alternatives developed for each
simulated flooding area to mitigate
flooding
Selection Criteria used to evaluate ....«
` =-
alternatives to select preferred alternative
14
October 19, 2021
13
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Criteria Establishment was developed to prioritize projects:
Criteria Establishment
• Workshop held to develop analytic approach Virginia Beach Stormwater
to prioritize projects Master Plan crkera
o National Best Practice for Stormwater Master Technical Memorandum
Plan Development
J
• Criteria developed across multiple City
departments cM a Wpm Desch
Mp•Nront al Pubic Warta
o City Manager's Office HtarnwaaE Ergnsene Canker
o Public Works—Stormwater Engineering Center,
Stormwater Regulatory,Transportation, October 2019
Operations
o Public Utilities ....
o Planning
o Economic Development """°"'`
o Agriculture
o Housing
o Emergency Management 15
The Criteria Flow Chart is used to prioritize projects in one(1)of the three(3) tier groups:
IIIIMIJAEDSOW 51MUkAl(U fL0f101114 APIAS E&FAj
Criteria I Sr ma MIRO
Flow h '1f.. 1f ( ( 1( 1 ( ( ( 1( 1l
Chart ,hAl
SFEfCtHNi Sf EEC1XN1
•
PM&C1120A PNOJECI 4O$ PRO L1 OIL
nArfMMAN,.111,
i�enrc
•blEM �
Mr°nY
1HP I IEEp 11Es ����``I{{I��nn
b
October 19, 2021
14
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Here is the Linkhorn Bay Drainage Basin as an example of the Master Plan Development Analysis:
Example Analysis e14.7
•
ar
• Linkhorn Bay Drainage Basin
selected for case study c« + _'AlEir
'�
• Area circled in pink is _ �a�'i' 'ate}
Seatack neighborhood ' ;
yam .
Modeling shows flooding begins i 4.
during a 25-year storm event �`�+ �' .r.
64.
• 2 alternatives evaluated to , ,_
10101,
mitigate flooding +' � , '
Additional storage n'\
New outfall pipe system
The modeling system incorporates the project and provides a visual after improvements have been made:
Seatack 100-year storm After Improvements
Master
Plan
Results
�-�
October 19, 2021
15
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Seatack Master Plan Results
100-year Storm Before Improvements 100-year Storm After Improvements
1/ • Y
Here is the Master Plan Schedule:
Master Plan Schedule
Linkhorn Bay Completed—October 2020
Upper West Neck Creek Estimated Completion— November 2021.,
Broad Bay/Atlantic Ocean Estimated Completion—April 2022
Little Creek/Lake Taylor Estimated Completion—May 2022
Dam Neck Estimated Completion—July 2022
Elizabeth River Estimated Completion—November 2022
Upper North Landing River Estimated Completion—January 2023
Western Lynnhaven River Estimated Completion—March 2023
Lower Southern Rivers Estimated Completion—April 2023
Thalia Creek Estimated Completion—May 2023
Eastern Lynnhaven River Estimated Completion—November 2023
London Bridge Creek Estimated Completion—December 2023
Wolfsnare Creek Estimated Completion—February 2024 20
October 19, 2021
16
CITY MANAGER'S BRIEFINGS
STORMWATER MASTER PLAN UPDATE
ITEM#72135
(Continued)
Model Demonstration
2,
Mayor Dyer expressed his appreciation to Mrs. Utterback and Mr. Bodnar for the presentation.
October 19, 2021
17
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#72136
3:08 P.M.
Council Member Wooten advised she is planning the Ignite Pitch Competition to showcase the City's young
adult entrepreneurs and provide an opportunity for them to share their ideas with others in the region. The
event will be held on November 20, 2021,from 8:30 A.M. to 12:30 P.M., location information will be
forthcoming.
Mayor Dyer asked Council Member Berlucchi to share information about an entrepreneur who was
recently recognized.
Council Member Berlucchi advised Dr. Angela Reddix was honored yesterday at the Chrysler Museum
where she received a variety of federal and state accolades for her work as an entrepreneur, leader and
founder of the Envision Lead Grow(ELG)Program. Council Member Berlucchi advised the ELG Program
is a nonprofit organization dedicated to promoting entrepreneurism and business leadership for young
women. Council Member Berlucchi advised Mayor Alexander of Norfolk stated he had never seen anyone
receive so many Proclamations and accolades at one time. Council Member Berlucchi advised the event
was held in recognition of Dr. Reddix being named to Ebony Magazine's, Ebony Power 100 List under the
category of Innovation Leader, expressing it was a historic moment he was proud to be part of Council
Member Berlucchi expressed his appreciation to Mayor Dyer for presenting Dr. Reddix the Proclamation
naming October 18, 2021 as Angela D. Reddix Day.
Mayor Dyer expressed his appreciation to Council Member Berlucchi for hosting the event, stating it was
a point of pride for the City. Mayor Dyer also applauded Council Member Wooten for her Ignite
initiative to promote young entrepreneurs
Council Member Henley advised a fundraising dinner will be held on October 30, 2021,from 12:00—5:00
P.M., at the Creeds Ruritan Community Complex. Council Member Henley advised tickets for the barbeque
dinner are $20.00 with all proceeds going towards the restoration project for the historic Pleasant Ridge
School. Council Member Henley advised the school has a lot of history, originally founded in 1886 and
later served African American children until 1955, when the Seaboard Elementary School opened. Council
Member Henley advised she was part of the school's restoration project thirty (30)years ago and when
funds ran out,former Sheriff, Frank Drew, stepped up to finish the project and is how the partnership with
the Sheriff's Department first began.
October 19, 2021
18
CITY COUNCIL COMMENTS
ITEM#72137
3:16 P.M.
Council Member Moss advised the School Board is currently reviewing their regulations to determine what
the boundaries are for their parking lot and requested once the School Board makes a final determination,
the Body has a briefing to understand how to administer the changes.
October 19, 2021
19
CITY COUNCIL COMMENTS
ITEM#72138
(Continued)
Council Member Moss reminded the Body of his request to have the January 1S` to June 30`n1 revenue
information included in the five year forecast to compare the variance between recorded sales prices and
the property tax assessment.
October 19, 2021
20
CITY COUNCIL COMMENTS
ITEM#72139
(Continued)
Mayor Dyer advised he had discussions with Senators Kane and Warner, as well as and Congresswoman
Luria, concerning the request for$20-Million to fund the Nimmo Parkway Project. Mayor Dyer advised
there were environmental concerns raised that are being addressed and will provide further updates as he
receives them. Mayor Dyer further advised the Senate is movingforward in their deliberations on providing
$6-Million to fund Phase—III of the Centerville Parkway Project.
October 19, 2021
21
AGENDA REVIEW SESSION
ITEM#72140
3:20 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K ORDINANCES/RESOLUTION
1. Ordinance to AUTHORIZE:
a. Acquisition of an Agricultural Land Preservation (ARP) easement
from Bonnie Woodhouse Crane(50.15+/-acres)
b. Issuance by the City of its contract obligation in the maximum
principal amount of$561,680
c. TRANSFER fund to purchase U.S. Treasury Strips
2. Resolution to RATIFY Amendments to the Bylaws re Community Services Board(CSB)
3. Ordinance to AUTHORIZE acquisition ofproperty in fee simple and acquisition of temporary and
permanent easements, either by agreement or condemnation re Sandbridge Road — Nimmo
Parkway Phase VII-A Project, CIP 100356
4. Ordinance to AUTHORIZE acquisition of temporary and permanent easements, either by
agreement or condemnation re Thalia Creek Greenway Phase 3 Project, CIP 100415
5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property
known as Treasure Canal located at the rear of 2224 Windward Shore Drive re construct and
maintain rip rap,boat lift,aluminum ramp, two wood piers and a floating wood dock
6. Ordinance to ACCEPT and APPROPRL4TE$1,256,276 from the State Compensation Board to
the Sheriff's FY 2021-22 Operating budget re$3,000 bonuses to Deputies
7. Ordinance to ACCEPT$136,429,703 from the American Rescue Plan Act(ARPA) Coronavirus
State and Local Fiscal Recovery Funds and APPROPRIATE$82,063,098 re Storm water,Parks
and Recreation Infrastructure, and Facilities Capital Projects
K ORDINANCES/RESOLUTION:
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#6 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER HOLCOMB WILL ABSTAIN ON ITEM#6
ITEM#7 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER BRANCH WILL ABSTAIN ON ITEM#7
October 19, 2021
22
AGENDA REVIEW SESSION
ITEM#72140
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. MURPHY'S OF VIRGINL4 BEACH/STEPHEN YUEN YEE FAMILY, LLC for a Special
Exception for Alternative Compliance re convert a portion of parking lot into permanent outdoor
space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6—BEACH
2. VIRGINL4 BEACH DEVELOPMENT AUTHORITY/VIRGINIA BEACH DEVELOPMENT
AUTHORITY& FROB, LLC for a Modification of Proffers to a Conditional Change of Zoning
update Design Criteria re portion of Corporate Landing Business Park DISTRICT 7—PRINCESS
ANNE(Deferred from September 21, 2021)
3. JTR,LLC/JTR,LLC/BAYLINER BUILDING,LLC&SHORE DRIVE AREA PROPERTIES
for Street Closures of partially improved and unimproved portions of right-of-way known as
Clipper Bay Drive (approximately 26,414 square feet) and Ocean Tides Drive (approximately
12,252 square feet)DISTRICT 4—BAYSIDE
4. MP SHORE DRIVE,LLC/JTR,LLC,BAYLINER BUILDING,LLC,SHORE DRIVE AREA
PROPERTIES,LLC, & CITY OF VIRGINL4 BEACH for a Conditional Change of Zoningfrom
PD-HI and B-2 Districts to Conditional B-4 Mixed Use and Conditional Use Permit re multi-
family dwellings at 3829&3785 Shore Drive and adjacent parcels between Marlin Bay Drive and
3829 Shore Drive DISTRICT 4—BAYSIDE
L.PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS FILED A DISCLOSURE FOR ITEMS#3 AND#4
October 19, 2021
23
ITEM#72141
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Beach District
• Lynnhaven District
• Beach&Princess Anne Districts
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice by
such counsel pursuant to Section 2.2-3711(A)(7).
• Adams Outdoor Advertising v. City of Virginia Beach
• City of Virginia Beach v. W. C. Capital,LLC
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3711(A)(29)
• Atlantic Park
PERSONNEL MATTERS:Discussion, consideration of or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities,Agencies, Task Forces and Appointees
• City Council Lynnhaven Seat
October 19, 2021
24
ITEM#72141
(Continued)
Upon motion by Council Member Tower, seconded by Council Member Moss, City Council voted to
proceed into CLOSED SESSION at 3:28 P.M.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K Tower and Sabrina
D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
Closed Session 3:28 P.M. — 5:55 P.M.
October 19, 2021
25
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
OCTOBER 19,2021
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 19, 2021, at 6:00 P.M
Council Members Present:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John
D. Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson - Vacation
INVOCATION: Pastor Tim Dryden
New Covenant Presbyterian 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 34M 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 19, 2021
26
Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters ofwhich
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 identifi)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 19, 2021
27
ITEM— VLE
CERTIFICATION
ITEM#72142
Upon motion by Council Member Moss, seconded by Council Member Branch, 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, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina
D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
coal.A.B
cy
cCj I! t: \t ,1 5
0• 00, Ifl
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#72141 on Page 24 and in accordance with the provisions of The
Virginia Freedom of Information Act;and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
A 71aBa el!MMC
City Clerk
October 19, 2021
28
ITEM— VLF
MINUTES
ITEM#72143
Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED
the MINUTES of the SPECIAL SESSION of September 28, 2021 and the INFORMAL and FORMAL
SESSIONS of October 5,2021
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina
D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
29
ITEM— VLG.la
MAYOR'S PRESENTATIONS
ITEM#72144
RESOLUTION IN RECOGNITION OF REBA MCCLANAN
On behalf of Mayor Dyer, Council Member Jones welcomed Ann, Martin and Glenn McClanan, children
of the Honorable Reba McClanan, and read the Resolution recognizing Mrs.McClanan's twenty-four(24)
years of combined service, representing the Princess Anne District for fourteen (14)years and Rose Hall
District for ten (10)years, as well as serving two (2)years as Vice Mayor. Mrs. McClanan was the first
woman elected to serve on City Council and is fondly remembered for her dedication to the beautification
of the City. On August 29, 2021, Mrs. McClanan passed away leaving a rich living legacy as a champion
for maintaining greenspaces and flora as well as her decades of civic leadership and dedication.
Glenn McClanan expressed his appreciation to City Council for honoring his mother and advising it is an
honor for him and his siblings, who all traveled from out of state, to be here together. Mr. McClanan
advised his mother never considered her service as work because she loved the City so much and was driven
by the spirit of the community.
October 19, 2021
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RESOLUTION
WHEREAS: Reba S.McClanan earned a bachelor's degree from Berea College and a master's degree from
Virginia Tech;and
WHEREAS: Reba taught school for several years before seeing the impact that a committed public servant
could make when she was the first woman to run for office in the City of Virginia Beach;and
WHEREAS:After being unsuccessful in her first attempt to serve on City Council,Reba built a base of support
through civic engagement that led to her being the first woman elected in the City of Virginia Beach representing
the former Princess Anne Borough from 1980—1992 and 1996-1998, the Rose Hall District from 1998—2008,
as well as served 2 years as the Vice Mayor,a total of 24 years;and
WHEREAS: Reba served as Past President of the Virginia Beach Council of Civic Organizations, Virginia
Beach Friends of the Library and Friends of the Francis Land House; as chair of both the Hampton Roads
Planning District Commission and the Southeastern Planning District Commission; and as a Virginia Beach
court docent for 20 years;and
WHEREAS: Reba's dedication to the beautification of our City is unsurpassed and her efforts include service
as past president of the Virginia Beach Council of Garden Clubs and Virginia Urban Forest Council,founder
of the Virginia Beach Clean Community Commission and on the Virginia Beach Beautification Commission;and
WHEREAS: On December 9, 2008, the Fragrance Garden at Red Wing Park created in 1972 to provide a
public garden for sight-impaired individuals with the plant materials selected for the fragrance of the foliage or
blossom was renamed "The Reba S.McClanan Fragrance Garden";and
WHEREAS: Reba's dedication and contribution to the community have been recognized through numerous
awards including the Virginia Beach Human Rights Award, the Virginia Beach Council of Gardens Award of
Distinction, the NAACP Image Award for Community Service, the "Most Valuable Person Award"from the
Princess Anne Plaza Civic League and the Toastmasters District 66 Award for Leadership in Public Service;
and
WHEREAS: Reba was known as "the voice for the underdog"as she was resolute in her convictions that the
city could both grow and do it with standards as her ideology was not partisan and was based on the idea of a
more engaged and livable community.
NOW THEREFORE,BE IT RESOLVED: On August 29,2021,Reba passed away leaving a rich living legacy
as a champion for maintaining greenspaces and flora as well as her decades of civic leadership and dedication
that is duly recognized and applauded;and
NOW THEREFORE,BE IT FURTHER RESOLVED: That the City Council hereby honors the memory of
Reba S.McClanan and extends condolences to her family,friends and loved ones.
IN MEMORY OF REBA S. McCLANAN
Adopted by the Council of the City of Virginia Beach, Virginia the 19th day of October, 2021 and present this
Resolution duly signed by each Member of the Virginia Beach City Council with a copy spread upon the Minutes
of this meeting.
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30
ITEM— VLG.lb
MAYOR'S PRESENTATIONS
ITEM#72145
RESOL UTIONINRECOGNITION OF DALE SNODGRASS
This presentation has been postponed to November 9, 2021, at the family's request.
October 19, 2021
31
ITEM— VL G.1 c
MAYOR'S PRESENTATIONS
ITEM#72146
RESOLUTION IN RECOGNITION OF THE KIRIT SHAH TEMPLE PREMIER LEAGUE
On behalf of Mayor Dyer, Council Member Berlucchi welcomed Manan Shah and read the Resolution
recognizing the game of Cricket and the Kirit Shah Temple Premier League(TPL),founded by Jenish Patel
and Sanjay Patel,President of the Hampton Roads Cricket Organization. Members of TPL were recognized
for their efforts to bring awareness of the game and develop community relationships with the players,fans,
sponsors and the community at large.
October 19, 2021
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WHEREAS: Cricket is a bat-and-ball game played between two teams of eleven players on a field at
the center of which is a 22-yard pitch with a wicket at each end,each comprising two bails balanced on
three stumps. This game can be compared with the popular American game of baseball. The batting
side scores runs by striking the ball bowled at the wicket with the bat(and running between the wickets),
while the bowling and fielding side tries to prevent this(by preventing the ball from leaving the field,
and getting the ball to either wicket)and dismiss each batter(so they are out);and
WHEREAS: Currently the growing Cricket market in the United States consists of approximately 30-
Million fans. The sport is followed primarily in the Indian subcontinent,New Zealand, Australasia,the
United Kingdom,southern Africa and the West Indies;and
WHEREAS: Hampton Roads Cricket Organization (HRCO) is an amateur cricket club located in
Chesapeake operating under the Hindu Temple of Hampton Roads. Under this club,two teams TWCC
and TACC participate in Mid-Atlantic Cricket Conference(MACC)as well as other local tournaments
in the area;and
WHEREAS: Kirit Shah Temple Premier League(TPL)is a professional T20 Cricket league founded
by HRCO in 2021. Inspired by world's Biggest T20 Cricket Tournament, the Indian Premier
League.HRCO President Sanjay Patel and TPL Founder Jenish Patel brainstormed this idea after
i Tidewater Cricket Club (TWCC)won the Mid-Atlantic Cricket Conference(MACC) Championship in
2019. The inaugural season has 5 teams participating and supported by more than 20 vendors;and
WHEREAS: The TPL will continue to increase the awareness of the game of Cricket in the Hampton
Roads area.The fast-paced tournament matches,with the high-quality level of the players,in each of the
5 teams are aimed to offer an exciting morning or afternoon to the spectators in hopes to market and
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attract visitors to these games and bring awareness to the game of cricket;and
WHEREAS: The future of TPL looks bright with plans to host charity games/tournaments and thereby
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promote sports activities and community service. The long-term intent of the League is to see that the
,
community at large will be benefited both in terms of financial support for the regional sports chapters,
and to provide quality tournaments and entertain the crowd with the exciting game of cricket.
:r,; NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its
deliberations to recognize The Kirit Shah Temple Premier League(TPL)for their efforts to grow the
game of Cricket while developing community relationships with the players, fans, sponsors and the
community at large.
-*Tit Adopted by the Council of the City of Virginia Beach, Virginia the 19th day of October, 2021 and
present this Resolution duly signed by each Member of the Virginia Beach City Council with a copy
is
spread upon the Minutes o •s meeting.
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32
ADD ON
MAYOR'S PRESENTATIONS
ITEM#72147
PROCLAMATION DECLARING OCTOBER 15,2021 AS WHITE CANE AWARENESS DAY
Mayor Dyer advised he was unable to present, "PROCLAMATION DECLARING OCTOBER 15, 2021 AS
WHITE CANE AWARENESS DAY",on October 15th but wanted to read it for the record to bring awareness
to the "white cane", which symbolizes the ability of blind citizens to achieve a full and independent life and
the capacity to work productively in competitive employment. Mayor Dyer called upon schools, colleges
and universities to offer full opportunities for training blind persons; upon employers and the public to
utilize the available skills of competent blind persons and to open new opportunities for the blind in our
rapidly changing society; and upon all citizens to recognize the white cane as a tool of independence for
blind pedestrians on our streets and highways.
October 19, 2021
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'Whereas The white cane; which every 66 ,. , of our state and city has the right toy
carry, demonstrates and sym6ofizeethe a6ifity to.achieve a.full and independent '
fife and the ca ;to alieompetitive employment, and '•
•)
h' u�ork,prvdttctev�ely
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'Whereas 'The white cane, 6find freely to move and sa, -' x
to lace, it ssi6le- the 6find to participate: cons` , < :�
placep �►� � � '' y� p �.
to our society and to five the fives lair:ic+ant,and t"
Whereas: Every citizen"should 6e aware that the law requires that motorists and
e?Cercise appropriate caution when approaching a.6find person carrying;a state
cane,-and •
i
fe
Whereas 'Virginia law also calls upon emp(oje4S,:Loth pu6fu and private, to 6e aware of
and utilize the employment skirls'of our 6find citizens 6y recognizing their
worth as individuals and their proirsaive capacities;and
Whereas The State of,Virginia, through its pu6fc agencies and with the cooperative
assistance of the Chesapeake Bay chapter of the National Federation of.the Band,,. ..
of Virginia, can and should facihitate the ecnansion of employment opportunities •
for am(greater a R.tancce.if hind persons in the competitive la6or market, ,
Now, ?ferefot� I, cg6ert 9Vt:;Tfyer,• Mayor the City of Virginia B ' ' ;Virginia,'do fiere6y ., '"
Proclaim: "I. •
l f
Octo6er 15;2021 ti
White Cane Awareness4Day
In Virginia Beach, I calf upon our schools, colleges, and universities to offerfultopportunities
for training to 6lind persons; upon employers and the pu6fic to utilize the availa6le skills of
competent blind persons and to open new opportunities for the 6Cind in our rapidly changing
society; and upon all citizens to recognize the white cane as a tool of independence for blind
pedestrians on our streets and highways.
In Witness Whereof I have hereunto set my hand and caused'the Official Seal of the City of
Virginia Beach, Virginia, to 6e affixed this'Fieenth day of October, Two Thousand Twenty-
One.
,` • /
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C ' Ro6ert 9bt. "Bo66y"Dyer
`` `` 9Kayor
33
ITEM— VI.H.1
PUBLIC COMMENT
ITEM#72148
Mayor Dyer DECLARED a PUBLIC COMMENT:
2022 PROPOSED LEGISLATIVE AGENDA
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
LaTasha Holloway, 826 Tuition Way, Phone: 348-0456, spoke in SUPPORT of term limits for Council
Members
Brock Beckstedt 349 East Chickasaw Road, Phone: 985-0281, spoke in SUPPORT of prohibiting City
Employees from serving on City Council
Dorothy Patterson, 824 24`h Street, Phone: 422-3337, spoke in SUPPORT of term limits for Council
Members and prohibiting City Employees from serving on City Council
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC COMMENT
October 19, 2021
34
ITEM— VLI.1
PUBLIC HEARING
ITEM#72149
Mayor Dyer DECLARED a PUBLIC HEARING:
ACQUISITION OF AGRICULTURAL LAND PRESERVATION(ARP)EASEMENT
Installment Purchase Agreement for 50.15 +/-acres at 1808 Nanneys Creek Road
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
LaTasha Holloway, 826 Tuition Way, Phone: 348-0456, spoke in OPPOSITION
There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING
October 19, 2021
35
ITEM— VL1
FORMAL SESSION AGENDA
ITEM#72150
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 a/b/c, 3, 4 and 5
Upon motion by Council Member Jones,seconded by Council Member Branch, City Council APPROVED,
BY CONSENT,Agenda Items K:la/b/c,3, 4 and 5
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K Tower and Sabrina
D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
K ORDINANCES/RESOLUTION:
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#6 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER HOLCOMB WILL ABSTAIN ON ITEM#6
ITEM#7 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER BRANCH WILL ABSTAIN ON ITEM#7
L.PLANNING ITEMS:
ITEM#1 WILL BE CONSIDERED SEPARATELY
ITEM#2 WILL BE CONSIDERED SEPARATELY
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS FILED A DISCLOSURE FOR ITEMS#3 AND#4
October 19, 2021
36
ITEM— VLK.1a/b/c
ORDINANCES/RESOLUTION
ITEM#72151
Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE:
a. Acquisition of an Agricultural Land Preservation (ARP) easement from
Bonnie Woodhouse Crane(50.15+/-acres)
b. Issuance by the City of its contract obligation in the maximum principal
amount of$561,680
c. TRANSFER fund to purchase U.S. Treasury Strips
Voting: 9-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION
2 OF AN AGRICULTURAL LAND PRESERVATION
3 EASEMENT FROM BONNIE WOODHOUSE CRANE
4 (50.15+/- ACRES), 2)THE ISSUANCE BY THE CITY OF
5 ITS CONTRACT OBLIGATIONS IN THE MAXIMUM
6 PRINCIPAL AMOUNT OF $561,680, AND 3)TRANSFER
7 OF FUNDS TO PURCHASE U.S. TREASURY STRIPS
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
11 presented to the City Council a request for approval of an Installment Purchase Agreement
12 (the form and standard provisions of which have been previously approved by the City
13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the
15 Installment Purchase Agreement) on certain property located in the City and more fully
16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
17 $561,680; and
18
19 WHEREAS, the aforesaid Development Rights shall be acquired through the
20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
21 compliance with, the requirements of the Ordinance; and
22
23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
24 purchase as evidenced by the Installment Purchase Agreement.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 1. The City Council hereby determines and finds that the proposed terms and
30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
31 Agreement, including the purchase price and manner of payment, are fair and reasonable
32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
33 is hereby authorized to approve, upon or before the execution and delivery of the
34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
35 balance of the purchase price set forth hereinabove as the greater of 1.442% per annum or
36 the per annum rate which is equal to the yield on United States Treasury STRIPS
37 purchased by the City to fund such unpaid principal balance; provided, however, that such
38 rate of interest shall not exceed 3.442% unless the approval of the City Council by
39 resolution duly adopted is first obtained.
40
41 2. The City Council hereby further determines that funding is available for the
42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
43 the terms and conditions set forth therein.
44
45 3. The City Council hereby expressly approves the Installment Purchase
46 Agreement and, subject to the determination of the City Attorney that there are no defects
47 in title to the property or other restrictions or encumbrances thereon which may, in the
48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
49 Manager or his designee to execute and deliver the Installment Purchase Agreement in
50 substantially the same form and substance as approved hereby with such minor
51 modifications, insertions, completions or omissions which do not materially alter the
52 purchase price or manner of payment, as the City Manager or his designee shall approve.
53 The City Council further directs the City Clerk to affix the seal of the City to, and attest
54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
55 incurrence of the indebtedness represented by the issuance and delivery of the Installment
56 Purchase Agreement.
57
58 4. The City Council hereby elects to issue the indebtedness under the Charter of
59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the
60 indebtedness a contractual obligation bearing the full faith and credit of the City.
61
62 5. The City Council hereby authorizes the transfer of $328,639.63 from the
63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the
64 City Manager is empowered to transfer sufficient additional funds or return funds not
65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the
66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States
67 Treasury STRIPS as described in the Installment Purchase Agreement.
68
69 Adoption requires an affirmative vote of a majority of all members of the City Council.
70
71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 19 t h day of
72 October , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
/Ai i 2"------ _,11_ ---
Agriculture Department Budget and Management Services
CE TIFIED AS T AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY:
OF UND .
— az-- - 6f-
Director of Finance City t me 's Office
CA15412
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d001\p035\00755186.doc
R-1
October 6, 2021
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2020-161
SUMMARY OF TERMS
SELLER: Bonnie Woodhouse Crane
PROPERTY
LOCATION: 1808 Nanneys Creek Road
GPIN: 2410-27-1930
PURCHASE PRICE: $561,680
EASEMENT AREA: 50.15 acres,more or less
DEVELOPMENT POTENTIAL: 5 single-family dwelling sites(0 reserved by Seller)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 1.442% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 3.442%without
approval of City Council.
TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from
IPA date.
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate
Settlement Transfer) for one(1)year following execution and delivery of the IPA.
37
ITEM— VI.K.2
ORDINANCES/RESOLUTION
ITEM#72152
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Brock Beckstedt 349 East Chickasaw Road, Phone: 985-0281, spoke in OPPOSITION
Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADOPTED
Resolution to RATIFY Amendments to the Bylaws re Community Services Board(CSB)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina
D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
1 A RESOLUTION TO RATIFY RECENT AMENDMENTS TO
2 THE BYLAWS OF THE COMMUNITY SERVICES BOARD
3
4 WHEREAS, the Community Services Board recently completed a review of its
5 bylaws;
6
7 WHEREAS, after considering the proposed changes, during its September
8 30,2021 meeting, the Board approved several amendments to its bylaws;
9
10 WHEREAS, the Board's bylaws provide that amendments to the bylaws must be
11 reviewed and ratified by the City Council; and
12
13 WHEREAS, the City Council has reviewed the recommended amendments to the
14 bylaws of the Community Services Board and finds them to be acceptable.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 That the City Council hereby ratifies the amendments to the bylaws of the
20 Community Services Board, as approved by the Board, and attached hereto as Exhibit
21 "A".
Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th, day
of October , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Department of Human Services City Attorney's Office
CA15553
R-2
October 7, 2021
Adopted September 6, 2016
Revised:September 30, 2021
EXHIBIT A
Y- LAWS
Virginia Beach Community Services Board
ARTICLE I - NAME
The name of this Board shall be the Virginia Beach Community Services Board, hereinafter
referred to as the"Board."
ARTICLE II -FURPOSE
The purpose of this Board shall be to act as an administrative policy community services
board and as the agent of the City of Virginia Beach, Virginia in the establishment and
operation of community mental health, developmental, and substance abuse services as
provided for in Title 37.2 of the Code of Virginia. The Board shall serve as the single point of
entry into publicly funded mental health, developmental, and substance abuse services in
Virginia Beach.
ARTICLE III - MEMBERSHIP AND TRAINING
Section 1. The membership of the Board shall consist of no less than six and no more than
eighteen members appointed by the City Council of the City of Virginia Beach, Virginia,
hereinafter referred to as the "City Council." Prior to making appointments, City Council will
disclose the names of those persons being considered for appointment. The membership will
be as broadly representative of the community. One-third of the appointments to the Board shall
be individuals who are receiving or who have received services or family members of individuals
who are receiving or who have received services, at least one of whom shall be an individual
receiving services. No employee of the Board or employee or board member of an organization
that receives funding from any community services board may be appointed a member of the
Board. Members will be appointed in accordance with Virginia Code § 37.2-501.
Section 2. The term of membership will be for three years from January 1 of the year of
appointment. No person will be eligible to serve more than three full terms; however, a
person first appointed to fill an unexpired term may serve three additional full three-year
terms. However, after a one-year period has elapsed since the end of the member's last
three-year term, the City Council may reappoint that member.
Section 3. Board member vacancies will be filled for unexpired terms in the same manner as
original appointments.
Section 4. Any Board member may be removed by City Council for cause after being given a
written statement of the causes and an opportunity to be heard thereon.
Section 5. Board members will receive training on their legal, fiduciary, regulatory, policy, and
programmatic powers and responsibilities and an overview of the Performance Contract within
one month of their appointment. Upon request, new board members will be assigned to an
1
Adopted September 6, 2016
Revised:September 30, 2021
experienced board member to serve as a mentor.
ARTICLE IV - POWERS AND DUTIES
The Board, as an administrative policy board and agent, of the City of Virginia Beach, shall be
subject to the laws and regulations relating to City agencies and shall have the general
powers, duties and responsibilities of a Board as outlined in Virginia Code § 37.2-504.
1. Review and evaluate public and private community mental health,
developmental, and substance abuse services and facilities that receive funds
from it and advise the City Council as to its findings.
2. Pursuant to Virginia Code § 37.2-508, submit to the City Council a performance
contract for community mental health, developmental, and substance abuse
services for its approval prior to submission of the contract to the Department of
Behavioral Health and Developmental Services (hereinafter referred to as the
"DBHDS").
3. Within amounts appropriated for this purpose, provide mental health, substance
abuse and developmental services authorized under the performance contract.
4. In accordance with its approved performance contract, enter into contracts with
other providers for the delivery of services or operations of facilities.
5. Make policies or regulations concerning the delivery of services and operation of
facilities under its direction or supervision, subject to applicable policies and
regulations adopted by the Board.
6. Participate with the City in the appointment and annual performance evaluation
of an executive director of community mental health, developmental, and
substance abuse services who meets the minimum qualifications established by
the DBHDS, and prescribe the director's duties. The compensation of the
executive director shall be fixed by the City Council in consultation with the
Board within the amounts made available by appropriation for this purpose.
7. Prescribe a reasonable schedule of fees for services provided by personnel or
facilities under the jurisdiction or supervision of the Board and establish
procedures for the collection of those fees. All fees collected shall be included in
the performance contract submitted to the City Council and shall be used only
for community mental health, developmental, and substance abuse services
purposes. The Board shall institute a reimbursement system to maximize the
collection of fees from individuals receiving services under its jurisdiction or
supervision, consistent with the provisions of Virginia Code § 37.2-511, and from
responsible third party payors. The Board shall not attempt to bill or collect fees
for time spent participating in commitment hearings for involuntary admissions
pursuant to Article 5 (Section 37.2-814 et seq.) of Chapter 8 of the Code of
Virginia.
2
Adopted September 6, 2016
Revised:September 30, 2021
8. Accept or refuse gifts, donations, bequests, or grants of money or property from any
source as allowed by City Policy and as authorized by the City Council.
9. Seek and accept funds through federal grants. In accepting federal grants, the
Board shall not bind the City Council to any expenditures or conditions of
acceptance without the prior approval of the City Council.
10. Notwithstanding any provision of law to the contrary, disburse funds appropriated
to it in accordance with such regulations as may be established by the City
Council.
11.Apply for and accept loans as authorized by the City Council.
12. Develop joint written agreements, consistent with adopted by the Board, with local
school divisions; health departments; boards of social services; housing agencies,
where they exist; courts, sheriffs; area agencies on aging; and regional offices of the
Department for Aging and Rehabilitative Services. The agreements shall specify the
services to be provided to individuals. All participating agencies shall develop and
implement the agreements and shall review the agreements annually.
13. Develop and submit to the DBHDS the necessary information for the preparation
of the Comprehensive State Plan for Behavioral Health and Developmental
Services pursuant to Virginia Code § 37.2-315.
14.Take all necessary and appropriate actions to maximize the involvement and
participation of individuals receiving services and family members of individuals
receiving services in policy formulation and services planning, delivery, and
evaluation.
15. Institute, singly or in combination with other community services boards or
behavioral health authorities, a dispute resolution mechanism that is approved by
the DBHDS and enables individuals receiving services and family members of
individuals receiving services to resolve concerns, issues, or disagreements about
services without adversely affecting their access to or receipt of appropriate types
and amounts of current or future services from the Board.
16. Notwithstanding the provisions of Virginia Code § 37.2-400 or any regulations
adopted thereunder, release data and information about each individual receiving
services to the DBHDS so long as the DBHDS implements procedures to protect the
confidentiality of that data and information.
17. Carry out other duties and responsibilities as assigned by the City Council.
18. Comply with all applicable laws and regulations, including but not limited to the
3
Adopted September 6, 2016
Revised. September 30, 2021
Virginia Freedom of Information Act and the Virginia State and Local
Government Conflict of Interests Act.
ARTICLE V- APPROVAL OF PROPOSED PERFORMANCE CONTRACT FOR MENTAL
HEALTH, DEVELOPMENTAL AND SUBSTANCE ABUSE SERVICES
Pursuant to Virginia Code § 37.2-508, the Board may apply for State assistance by
submitting annually to the DBHDS the City's proposed performance contract for the next
fiscal year once the performance contract has been (1) approved by the Board and (2)
approved by a vote of the City Council. The Board shall make the proposed performance
contract available for public review and solicit public comment for a period of 30 days prior
to the Board's approval and subsequent submission to the City Council for approval.
ARTICLE VI - OFFICERS OF THE BOARD AND THEIR DUTIES
Section 1. The officers of the Board shall consist of a Chair, Vice-Chair, and Secretary.
Section 2. The duties of the Chair shall be:
(a) To preside at all meetings of the full Board and Executive Committee.
(b) To establish ad hoc committees and appoint members and name chairs to all
committees (excluding the Nominating Committee), as deemed necessary for the
operation of the Board.
(c) To work closely with the Executive Director of the Community Services Board and
the City Manager.
(d) To perform any other duties determined by the Board in furtherance of
Community Services.
(e) To ensure that all federal, state and local governments are informed as to the
activities of the Board as requested and appropriate.
(f) To collaborate with the Executive Director or his/her staff to ensure all meeting
minutes are disseminated to Board members and there is Board compliance with the
Virginia Freedom of Information Act.
(g) To be responsible for the integrity of the Board's process and make decisions about
Board process and delegation as provided by these By-Laws.
(h) To be responsible for implementation of City Code § 2-3.1(a) of the City of Virginia
Beach as it relates to Board member attendance requirements.
(i) To serve as ex-officio member of all committees, except the Executive Committee
and the Nominating Committee. The Chair shall have no authority over the committees
in which the Chair is attending as an ex officio member.
4
Adopted September 6, 2016
Revised:September 30, 2021
Section 3. The Vice-Chair shall, in the absence of the Chair, perform the duties of the Chair
and any other duties assigned by the Board orthe Chair.
Section 4. The duties of the Secretary shall be:
(a) To ensure the accuracy, integrity and maintenance of Board documents including
records of all meetings of the Board and Executive Committee and a copy of the Board's
By-laws, policy manual, and new Board member orientation notebook.
(b) To (1) ensure that any closed meeting is held in accordance with the Virginia
Freedom of Information Act, including the requirements for a motion that (i) identifies the
subject matter, (ii) states the purpose of the meeting, and (iii) makes specific reference
to the applicable exemption from open meeting requirements provided in Virginia Code
§§ 2.2-3707 or - 3711(A); and (2) ensure that at the conclusion of any closed meeting,
the Board immediately reconvenes in an open meeting and takes a roll call or other
recorded vote to be included in the Board's minutes certifying that to the best of each
Board member's knowledge, (i) only public business matters lawfully exempted from
open meeting requirements under the Act and (ii) only such public business matters as
were identified in the motion by which the closed meeting was convened were heard,
discussed or considered during the closed meeting.
(c) To perform duties of the Chair in the absence of the Chair and the Vice-Chair.
ARTICLE VII - OFFICER NOMINATIONS. ELECTIONS. TERMS OF OFFICE. VACANCIES
AND REMOVAL
Section 1. A Nominating Committee in accordance with Article IX, Section 2, shall
recommend a slate of officers at the Board's meeting one month prior to its election
month. Other nominations shall be accepted from any Board member at the time the slate
is presented.
Section 2. The Board shall elect its officers at the November or December Board meeting,
whichever month is the Board's last meeting of the calendar year. A quorum must be present
for voting and a vote of two-thirds of members present is required to elect an officer.
Section 3. The term of office shall be for one year commencing on the first day of the
calendar year or until a successor is elected. No officer may serve more than three
consecutive terms in the same office The Board may suspend this provision of the by-
laws and extend an officer's term upon an affirmative vote of two-thirds of its members
to take this action.
Section 4. Any vacancy occurring in the officers of the Board, regardless of the cause,
shall be filled by the Board within 60 days of the vacancy. A quorum must be present for
voting and a vote of two-thirds of members present is required. Duration of such
appointments shall be limited to the unexpired term of office.
Section 5. Officers shall serve at the pleasure of the Board and may be removed after
prior notice by a vote of two-thirds of members present at any regular meeting of the
Board. An officer may resign at any time by giving written notice to the Board or the Board
5
Adopted September 6, 2016
Revised: September 30, 2021
Chair. Any such resignation shall take effect on the date of the receipt of such notice or at
any later time as specified in the note.
ARTICLE VIII -MEETINGS AND ATTENDANCE
Section 1. The Board shall adopt an annual meeting schedule that reflects, at a minimum,
the frequency of meetings required by the Performance Contract. Board meetings shall be
held at a time and place determined by the Board and pursuant to the requirements of the
Virginia Freedom of Information Act. The Board may vote to cancel a scheduled meeting, or
the Board's Chair, in consultation with the Executive Director or designee, may cancel a
scheduled meeting. Public notice will be given of the cancellation of any Board meeting.
Section 2. Special meetings of the Board may be called by the Chair or upon written
request of three members.
Section 3. The quorum for all Board meetings shall be the majority of the total appointed
Board members.
Section 4. As required by City Code § 2-3.1, no Board member shall accumulate an annual
total of more than three absences or be absent from more than one-fourth of the total
number of meetings held within a given calendar year, for reasons other than personal
illness, the illness or death of a relative, or other circumstances beyond the member's
control. Additionally, if a member knows in advance that he or she is unable to attend a
meeting for any reason, the member should promptly inform the Chair or the appropriate
City staff member, so the Chair can determine in advance if a quorum will be present.
Section 5. As permitted by Virginia Code § 2.2-3708.2 or its successor provision, and as
adopted in CSB Policy for Remote Participation by Members in CSB Meetings, allow CSB
members to ioin meetings from a remote location within the stipulated parameters.
ARTICLE DC-COMMITTEES
Section 1. There shall be a standing Executive Committee composed of the Board's three
officers. In addition, the Board's chair, in accordance with Article VI, Section 2-6 b, may appoint
to the Executive Committee an at-large member providing the Board is notified of the
appointment. The duties of the Executive Committee include but are not limited to the following:
(a) Establish Board agenda;
(b) Act on the Board's behalf when directed to do so by the Board;
(c) Provide meeting notes and any recommendations of the Committee to the Board;
(d) Prepare in collaboration with staff and with review and approval by Board
members, Board policies that comply with the Performance Contract;
(e) Plan for and participate in the orientation of new Board members; and
6
Adopted September 6, 2016
Revised:September 30, 2021
(f) Identify, in collaboration with staff, Board member educational and training
topics.
Section 2. A Nominating Committee shall be constituted annually for the purpose of
nominating a slate of officers. The Committee shall consist of at least three members and
shall be appointed by a vote of the Board two months prior to the Board's annual election
of officers. The Committee's slate of officers shall be presented to the Board one month
prior to the Board's annual election of officers.
Section 3. The Board's chair in accordance with Article VI, Section 2-6, may appoint ad
hoc Board committees and prescribe the term, powers, and duties of ad hoc committees
as may be necessary or useful in the conduct of the business of the Board. The Chair of
an ad hoc committee shall be responsible for providing to the Board notes from committee
meetings and ensuring compliance with the Freedom of Information Act. Ad hoc
committees should report back to the full Board.
ARTICLE X - OPERATING PROCEDURES
The Board, in carrying out its powers and duties in accordance with Article IV of these By-
Laws, shall utilize the following operating procedures:
(a) All employees of directly operated programs shall be subject to the personnel
policies and procedures of the City of Virginia Beach. Additionally, the Board hereby
adopts the City of Virginia Beach's grievance procedure.
(b) Pursuant to Virginia Code § 37.2 — 501, legal services to the Board shall be
provided by the City Attorney's Office.
(c) The City Treasurer shall receive those funds designated to the Board.
(d) The City of Virginia Beach Director of Finance shall serve as the Board's fiscal
agent. The City of Virginia Beach shall receive an independent annual audit of the
total revenues and expenditures of the Board, a copy of which shall be provided to
the DBHDS.
(e) The Board shall comply with the City of Virginia Beach policies and procedures for
purchasing equipment and supplies.
(f) The Board may, following review by the City of Virginia Beach Director of Finance
as to availability of funds and the City Attorney as to appropriate legal form, enter
into such agreements and contracts as are necessary to carry out its approved
programs.
(g) The Board may revise its budget categories to meet program needs as provided
in the budget ordinances of the City of Virginia Beach. When a budget revision is
necessary, the Board Executive Director shall submit the request in writing to the
City Finance Department prior to Board consideration of the proposed change.
The Finance Department will review the request for conformance to the City's
fiscal rules, regulations and budget ordinances and will notify the Executive
Director that the request is in compliance with these rules and regulations or, if
7
Adopted September 6, 2016
Revised: September 30, 2021
not, why not and what procedures need to be followed to achieve compliance.
(h) The Board shall be authorized to allocate all agency revenues in accordance with
DBHDS guidelines and in compliance with the policies of the City of Virginia Beach.
ARTICLE XI - ROBERTS RULES OF ORDER
Roberts Rules of Order, Newly Revised, shall govern the conduct of all Board proceedings
unless inconsistent with these By-Laws, in which case these By-Laws shall govern.
ARTICLE XII - PREVAILING AUTHORITY
In the event of any conflict between any provision of these by-laws and any provision of state
lay of City ordinance, the provision of state law or the City ordinance (in that order of
precedence) shall supersede such by-laws provisions. Additionally, if any Virginia Code or City
Code section cited herein is amended subsequent to the approval of these by-laws, references
to those code sections shall be interpreted to be references to the most recently amended
version of those code sections.
ARTICLE XIII — BY- LAWS
The By-Laws may be amended at any regular meeting of the Board by two-thirds vote of the
membership, notice having been submitted to each Board member in writing two weeks
prior to the meeting. Such amendments shall then be reviewed and ratified by the City
Council.
8
38
ITEM— VLIC 3
ORDINANCES/RESOLUTION
ITEM#72153
Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE acquisition of property in fee simple and acquisition of
temporary and permanent easements, either by agreement or condemnation re Sandbridge Road—Nimmo
Parkway Phase VII-A Project, CIP 100356
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. `Rocky" Holcomb, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina
D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE SIMPLE
3 FOR RIGHT-OF-WAY FOR THE SANDBRIDGE
4 ROAD — NIMMO PARKWAY PHASE VII-A
5 PROJECT, CIP 100356 (formerly CIP 2-078),
6 AND THE ACQUISITION OF TEMPORARY
7 AND PERMANENT EASEMENTS, BY
8 AGREEMENT OR CONDEMNATION
9
10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
11 public necessity exists for the construction of this important roadway project to improve
12 transportation within the City and for other related public purposes for the preservation of
13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the
14 people in the City of Virginia Beach.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 Section 1 . That the City Council authorizes the acquisition by purchase or
20 condemnation pursuant to Sections 15.2-1901 , et seq., Sections 33.2-1007, et seq., and
21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee
22 simple, including temporary and permanent easements (the "Property"), as shown on the
23 plans entitled "SANDBRIDGE ROAD — NIMMO PARKWAY PHASE VII-A" (the "Project"),
24 and more specifically described on the acquisition plats for the Project (plats and plans
25 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division,
26 Department of Public Works, City of Virginia Beach, Virginia.
27
28 Section 2. That the City Manager is hereby authorized to make or cause to be made
29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
30 offer to the owners or persons having an interest in said Property. If refused, the City
31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to
32 condemn said Property.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day of
35 October , 2021 .
CA-15394
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APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
h cl&a4i
IG NATU CITY ATTORNEY
PIA/ Rcai 34 .
DEPARTMENT
39
ITEM— VLK.4
ORDINANCES/RESOLUTION
ITEM#72154
Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE acquisition of temporary and permanent easements, either by
agreement or condemnation re Thalia Creek Greenway Phase 3 Project, CIP 100415
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina
D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF TEMPORARY AND
3 PERMANENT EASEMENTS FOR THE THALIA
4 CREEK GREENWAY PHASE 3 PROJECT, CIP
5 100415 (formerly CIP 4-079), BY AGREEMENT
6 OR CONDEMNATION
7
8 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
9 public necessity exists for the construction of this important public project to extend the
10 Thalia Creek Greenway, a multi-modal public boardwalk and path; to provide safer
11 alternative transportation options within the City; to improve public access to Thalia Creek's
12 natural areas; to improve bikeways and trails connectivity; and for related public purposes
13 for the preservation of the safety, health, peace, good order, comfort, convenience, and for
14 the welfare of the people in the City of Virginia Beach.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 Section 1. That the City Council authorizes the acquisition by purchase or
20 condemnation pursuant to Sections 15.2-1901, et seg. and Title 25.1 of the Code of
21 Virginia of 1950, as amended, of all those certain temporary and permanent easements
22 (the"Easements"), as shown on the plans entitled "THALIA CREEK GREENWAY PHASE
23 3" (the "Project"), and more specifically described on the acquisition plats for the Project
24 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Parks
25 and Recreation Administration Building, 2154 Landstown Rd., City of Virginia Beach,
26 Virginia 23456.
27
28 Section 2. That the City Manager is hereby authorized to make or cause to be made
29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
30 offer to the owners or persons having an interest in said Easements. If refused, the City
31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to
32 condemn said Easements.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day of
35 October , 2021.
CA15384
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APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
3_4,v
SIGNAT RE CITY, TTd
1)ekti K t Pee tkTtot
DEPARTMENT
40
ITEM— VLK.5
ORDINANCES/RESOLUTION
ITEM#72155
Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned
Property known as Treasure Canal located at the rear of 2224 Windward Shore Drive re construct and
maintain rip rap, boat lift, aluminum ramp,two wood piers and a floating wood dock
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina
D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY-OWNED
6 PROPERTY KNOWN AS TREASURE
7 CANAL, LOCATED AT THE REAR OF
8 2224 WINDWARD SHORE DRIVE
9
10 WHEREAS, Norbert Wilson and Evelyn Wilson (the "Wilsons") have
11 requested permission to construct and maintain 573 sq. ft. of rip rap, a 12' x 12' boat lift, 4'
12 x 12' aluminum ramp, two wood piers (5' x 31' and 5' x 25'), and 8' x 12' floating wood dock
13 (the "Encroachments") within the City's property known as Treasure Canal, located at the
14 rear of their property at 2224 Windward Shore Drive (GPIN: 2409-19-3201); and
15
16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
18 the City's property subject to such terms and conditions as Council may prescribe.
19
20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, That pursuant to the authority
25 and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
26 as amended, the Wilsons, their heirs, assigns and successors in title are authorized to
27 construct and maintain the Encroachments within the City's property as shown on the map
28 entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP,
29 BOAT LIFT, ALUMINUM RAMP, WOOD PIER AND FLOATING DOCK FOR NORBERT&
30 EVELYN WILSON LOCATED ON LOT 60, SECTION 1, BAY ISLAND M.B. 45, P. 37, 37A
31 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated January 15,
32 2021, and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto
33 as Exhibit A, and on file in the Department of Public Works and to which reference is made
34 for a more particular description;
35
36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject
37 to those terms, conditions and criteria contained in the agreement between the City of
38 Virginia Beach and the Wilsons (the "Agreement"), an unexecuted copy of which has been
39 presented to the Council in its agenda, and will be recorded among the records of the
40 Clerk's Office of the Circuit Court of the City of Virginia Beach;
41
42 BE IT FURTHER ORDAINED, that the City Manager or his authorized
43 designee is hereby authorized to execute the Agreement; and
44
45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
46 such time as the Wilsons and the City Manager or his authorized designee execute the
47 Agreement.
48
49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h
50 day of October , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
'‘,. .
1)\ corieh-i I - iv,—
UBL WORKS REAL ESTA {rrbANA H RMEYER
SENI CITY ATTORN Y
CA15212
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c:lusers\ccva ug hanlappd atav ocal\microsofttwindowsli netca chelcontent.outlook\wy5jmmu7100746457.doc
TREASURE CANAL SEE SHEET 2 NOTES:
NOW OR FORMERLY FOR DETAIL 1. THIS PLAN WAS PERFORMED
CITY OF VIRGINIA BEACH WITHOUT THE BENEFIT OF A
M.B. 45 P. 37, 37A " TITLE REPORT.
OVERALL AREA OF S 66'55'53 E (PLAT) 2. THIS EXHIBIT IS INTENDED
ENCROACHMENT 21.3' 75.6' 92.31' (PLAT)
FOR AN ENCROACHMENT
�_ r -L�- - _� 7 51 S 67'24'14" E (CALC.) REQUEST ONLY.
j� 6.6' 94.92' (CALL.)
EDGE OF WATER «� • —iiiii
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NOW OR FORMERLY
NORBERT & EVELYN WILSON
Z I.N. 20200630000565440
w LOT 60, SECTION 1 Z NOW OR FORMERLY
NOW OR FORMERLY BAY ISLAND 'o BRENTON RODGERS &
JUSTIN WHEELER & N M.B. 45 P. 37, 37A , ASHLEY NICHOLE OSGOOD
MARCIA WHEELER m GPIN: 2409-19-3201 o I.N. 20110721000735000
I.N. 20120910001031900 s LOT 61, SECTION 1
LOT 59, SECTION 1 N 9ORCN IA ---,soli
GF� m BAY ISLAND
BAY ISLAND N o M.B. 45 P. 37, 37A
M.B. 45 P. 37, 37A o Y �,, GPIN: 2409-19-3199
GPIN: 2409-19-2203 ..o - NO&�RP.1 Q
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A
COMP AS EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING PROPOSED
RIP RAP, BOAT LIFT, ALUMINUM RAMP, WOOD
0 40 80 PIER AND FLOATING WOOD DOCK
FOR
NORBERT & EVELYN WILSON
GALLUP LOCATED ON
SURVEYORS & ENGINEERS LOT 60, SECTION 1, BAY ISLAND
323 FIRST COLONIAL ROAD M.B. 45, PG. 37, 37A
VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA
(757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: JANUARY 15, 2021 I Sheet: 1 of 2
W:\Wilson,Bert-2224 Windward Shore Drive\Encroachment Exhibit\20-72 Encroachment.dwg,9/20/2021 11:52:25 AM
NOTES:
1. ALL FRAMING LUMBER SHALL BE SYP SALT TREATED WITH A MINIMUM RETENTION OF 0.80 LBS. PER CUBIC FOOT.
2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED.
3. ALL PIER AND LIFT PILES SHALL BE SYP SALT TREATED WITH A MINIMUM RETENTION OF 2.5 LBS. PER CUBIC FOOT.
TREASURE CANAL
NOW OR FORMERLY PROPOSED 4'x12'
CITY OF VIRGINIA BEACH ALUMINUM RAMP �m
M.B. 45 P. 37, 37A
PROPOSED s
PROPOSED 5'x25'WOOD PIER 8'x12' FLOATING 'O
PROPOSED 12'x12' BOAT LIFT WOOD DOCK "_.1
OVERALL AREA OF 75.6' — t— — — — 1 "
ENCROACHMENT _ — — —
EDGEIOF WATER 9
PROPOSED 5'x31' ry N `a�►�?
WOOD PIER • I
00
N —
.��--•�'11!♦� —.fib
°' : tili - 1 .. eiiYi�� .,•a lit .1
1 itillWAMAdi ;11111/0.14. •g.,-41LIV•14,11,e,...,1:11i
t ; S 66'55'53" E (PLAT)i 92.31' (PLAT) 2
S 67'24'14" E (CALC.) 94.92' (CALC.)
a _ �1�i! PROPOSED VDOT ow
•,—�'� i�� CLASS 1A RIP-RAP 71
k� EXISTING (573 S.F.) NOW OR FORMERLY
TIMBER BRENTON RODGERS & m
BULKHEAD ASHLEY NICHOLE OSGOOD
NOW OR FORMERLY PIN(F) I.N. 20110721000735000
JUSTIN WHEELER & M LOT 61, SECTION 1
MARCIA WHEELER BAY ISLAND
I.N. 20120910001031900 M.B. 45 P. 37, 37A
LOT 59, SECTION 1 Z No GPIN: 2409-19-3199 N
BAY ISLAND -> o n
M.B. 45 P. 37, 37A w o NOW OR FORMERLY
GPIN: 2409-19-2203 NORBERT & EVELYN WILSON (.P.
EXISTING
`W' FRAME I.N. 20200630000565440 �0
m SHED LOT 60, SECTION 1
BAY ISLAND
,J M.B. 45 P. 37, 37A
�Ns,Ep,LTII OF GPIN: 2409-19-3201
O G1 G- 0 20 40
O
u DABVTLER
`Ic.No. 38395 EXHIBIT A
5 -21 4' ENCROACHMENT EXHIBIT SHOWING PROPOSED
04, 1-- 4' RIP RAP, BOAT LIFT, ALUMINUM RAMP, WOOD
4s`sIONAL E�G‘ PIER AND FLOATING WOOD DOCK
FOR
NORBERT & EVELYN WILSON
GALLUP LOCATED ON
SURVEYORS & ENGINEERS LOT 60, SECTION 1, BAY ISLAND
323 FIRST COLONIAL ROAD M.B. 45, PG. 37, 37A
VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA
(757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: JANUARY 15, 2021 I Sheet: 2 of 2
W:\Wilson,Bert-2224 Windward Shore Drive\Encroachment Exhibit\20-72 Encroachment dwg,9/20/2021 11:52:27 AM
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 Q 1i day of v L/ , 2021, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and NORBERT WILSON and EVELYN
WILSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
collectively, "Grantee" even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "60" as shown on that certain plat entitled:
"SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA.
LYNNHAVEN MAGISTERIAL DISTRICT", dated February, 1958, having a Scale of 1" =
100', and prepared by Frank D. Tarrall, Jr. and Associates, which said plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
45, at page 37 and 37A, and being further designated, known, and described as 2224
Windward Shore Drive, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain 573 sq.
ft. of rip rap, a 12' x 12' boat lift, 4' x 12' aluminum ramp, two wood piers (5' x 31' and 5'
x 25'), and 8' x 12' floating wood dock, collectively, the "Temporary Encroachment", in the
City of Virginia Beach; and
GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED)
GPIN: 2409-19-3201 (2224 WINDWARD SHORE DRIVE)
1
WHEREAS, in constructing and maintaining the Temporary Encroachment,
it is necessary that the Grantee encroach into a portion of City property known as
Treasure Canal, 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 EXHIBIT SHOWING PROPOSED RIP RAP,
BOAT LIFT, ALUMINUM RAMP, WOOD PIER AND FLOATING
WOOD DOCK FOR NORBERT & EVELYN WILSON LOCATED
ON LOT 60, SECTION 1, BAY ISLAND M.B. 45, PG. 37, 37A
CITY OF VIRGINIA BEACH, VIRGINIA", having a Scale of 1" =
40', dated January 15, 2021, and prepared by Gallup Surveyors
& Engineers, a copy of which is attached hereto as Exhibit A and
to which reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
2
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the
Grantee and the City disclaims any ownership interest or maintenance obligation of such
encroachments.
3
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00 per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent,
with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon revocation
of such authority and permission so granted, may remove the Temporary Encroachment
and charge the cost thereof to the Grantee, and collect the cost in any manner provided
by law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the Grantee
for the use of the Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered hereinabove by 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
4
compensation and penalties in any manner provided by law for the collection of local or
state taxes.
IN WITNESS WHEREOF, Norbert Wilson and Evelyn Wilson, the said
Grantee, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2021, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2021, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
tr-4"
NORBERT WILSON, Owner
r
EV Y WILSON, Owner
il
STATE OF
CITY/COUNTY OF Vi roj r i o,.. a to-wit:
The foregoing instrument was acknowledged before me this ./Cpth day of
,A,-1 Ls , 2021, by Norbert Wilson and Evelyn Wilson.
DAYLE FANNING 23-0,_n NOTARY PUBLICILICntR- (SEAL)
REGISTRATION♦7808893 Notary ubIic
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
JUNE 30,2022 •
Notary Registration Number: 1 CA-0 U29 3
My Commission Expires: Ls_. 30, 00a�
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
1, b LryLl g-CA-3)- /-------)
S ATURE &OANA HAR EYER
N tec , E� L` SENIOR CITY ATTORNEY
DEPARTMENT t�T
7
TREASURE CANAL SEE SHEET 2 NOTES:
NOW OR FORMERLY FOR DETAIL 1. THIS PLAN WAS PERFORMED
CITY OF VIRGINIA BEACH WITHOUT THE BENEFIT OF A
M.B. 45 P. 37, 37A TITLE REPORT.
S 66'55'53" E (PLAT)
OVERALL AREA OF 92.31' (PLAT) 2. THIS EXHIBIT IS INTENDED
ENCROACHMENT 21.3' 75.6' FOR AN ENCROACHMENT
— �� 7 8'� S 694.92'4(CALCC)LC.) REQUEST ONLY.
EDGE OF WATER o01 6'6 ,_,_
Cep_�'�`�•:`iii7l. �;yP�•1:li !
EXISTING ����:�;
TIMBER SO : ,3 v' No \-'5';?-9.\-'3
BULKHEAD 1% b. o U'-wcow j,v c.e PIN(F) rnrn
EXISTING
Q FRAME
SHED
NOW OR FORMERLY
NORBERT & EVELYN WILSON
Z I.N. 20200630000565440
4; LOT 60, SECTION 1 Z NOW OR FORMERLY
NOW OR FORMERLYco BAY ISLAND 'o BRENTON RODGERS &
JUSTIN WHEELER & �'' M.B. 45 P. 37, 37A w ASHLEY NICHOLE OSGOOD
r? GPIN: 2409-19-3201 o I.N. 20110721000735000
MARCIA WHEELER m
I.N. 20120910001031900 LOT 61, SECTION 1
LOT 59, SECTION 1 N PoacH NVPc, cue m BAY ISLAND
BAY ISLAND wt•D N O M.B. 45 P. 37, 37A
M.B. 45 P. 37, 37A o Y N GPIN: 2409-19-3199
GPIN: 2409-19-2203 rn o -jO S&�RRpME
6 5- 0 2224 w
�pLTH op
FG� mo11 ,PORCH O
.ec,.z
O 'may:
DAL• UTLER •" R, ;:
(` c.No.38395 m
,pO /15— 4f,' 1p5, PIN(F)
4, 1 & PIN(F) R,2p10 B3' ORE DR1vE
61ONAL E� �- D SN
165 p1 CIRCLE \NON°�PRe a5, p Wl, 3lP
COMPp,SS M EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING PROPOSED
RIP RAP, BOAT LIFT, ALUMINUM RAMP, WOOD
0 40 80 PIER AND FLOATING WOOD DOCK
FOR
NORBERT & EVELYN WILSON
GALLUP LOCATED ON
SURVEYORS & ENGINEERS LOT 60, SECTION 1, BAY ISLAND
I L323 FIRST COLONIAL ROAD M.B. 45, PG. 37, 37A
VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA
(757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: JANUARY 15, 2021 [ Sheet: 1 of 2
W:\Wilson,Bert-2224 Windward Shore Drive\Encroachment Exhibit\20-72 Encroachment.dwg,9/20/2021 11:52:25 AM
NOTES:
1. ALL FRAMING LUMBER SHALL BE SYP SALT TREATED WITH A MINIMUM RETENTION OF 0.80 LBS. PER CUBIC FOOT.
2. ALL HARDWARE AND FASTENERS SHALL BE HOT DIPPED GALVANIZED.
3. ALL PIER AND LIFT PILES SHALL BE SYP SALT TREATED WITH A MINIMUM RETENTION OF 2.5 LBS. PER CUBIC FOOT.
TREASURE CANAL
NOW OR FORMERLY PROPOSED 4'x12'
CITY OF VIRGINIA BEACH ALUMINUM RAMP ��
M.B. 45 P. 37, 37A
PROPOSED (.7-D
PROPOSED 5'x25'WOOD PIER 8'x12' FLOATING 'O
PROPOSED 12'x12' BOAT LIFT WOOD DOCK "1
OVERALL AREA OF 75.6' — — — — — -� '�,
ENCROACHMENT _ a — — —
EDGEIOF WATER9
PROPOSED 5'x31' �, rv1�11r.)WOOD PIER o III �,
NIW c0 ® 0._ o_r _ _
IM•ird, .9'0 'jrz :�a 1
�':i�i�,�:`��`I�it��i��■.�4.4iY_ 35.63
•fdi
N S 66'55'53" E (PLAT) 92.31' (PLAT) Z
gi S 67'2414" E (CALC.) 94.92' (CALC.) .
0.) , ��i PROPOSED VDOT 4,
vifigo ri o CLASS 1A RIP-RAP al
Sill. EXISTING EXISTING (573 S.F.) NOW OR FORMERLY o
TIMBER BRENTON RODGERS & m
BULKHEAD ASHLEY NICHOLE OSGOOD
NOW OR FORMERLY PIN(F) I.N. 20110721000735000
JUSTIN WHEELER & * LOT 61, SECTION 1
MARCIA WHEELER BAY ISLAND
I.N. 20120910001031900 M.B. 45 P. 37, 37A
LOT 59, SECTION 1 Z ''2) GPIN: 2409-19-3199 N
BAY ISLAND
p.
M.B. 45 P. 37, 37A i o NOW OR FORMERLY w
GPIN: 2409-19-2203 EXISTING NORBERT & EVELYN WILSON
^'= FRAME I.N. 20200630000565440 �o
R` SHED LOT 60, SECTION 1
BAY ISLAND
n> M.B. 45 P. 37, 37A
N
‘14�pLTN OF GPIN: 2409-19-3201
O� Gro
S
0 20
40
C . ER
` c.No. 38395 EXHIBIT A
5,21 ik
4' ENCROACHMENT EXHIBIT SHOWING PROPOSED
o 1'1 - . RIP RAP, BOAT LIFT, ALUMINUM RAMP, WOOD
-cs,,c, L ti,4G` PIER AND FLOATING WOOD DOCK
FOR
NORBERT & EVELYN WILSON
GALLUP LOCATED ON
F' SURVEYORS & ENGINEERS LOT 60, SECTION 1, BAY ISLAND
323 FIRST COLONIAL ROAD M.B. 45, PG. 37, 37A
VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA
(757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: JANUARY 15, 2021 I Sheet: 2 of 2
I
W:\Wilson,Bert-2224 Windward Shore Drive\Encroachment Exhibit\20-72 Encroachment.dwg,9/20/2021 11:52:27 AM
41
ITEM— VI.K.6
ORDINANCES/RESOLUTION
ITEM#72156
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Moss, seconded by Council Member Branch, City Council ADOPTED
Ordinance to ACCEPT and APPROPRIATE $1,256,276 from the State Compensation Board to the
Sherds FY 2021-22 Operating budget re$3,000 bonuses to Deputies
Voting: 9-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Abstaining:
N. D. "Rocky"Holcomb
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDING FROM THE COMMONWEALTH OF VIRGINIA
3 STATE COMPENSATION BOARD TO THE VIRGINIA
4 BEACH SHERIFF'S OFFICE (VBSO) FY 2021-22
5 OPERATING BUDGET AND TO APPROVE BONUSES FOR
6 LOCALLY FUNDED SWORN OFFICER APPOINTEES
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 1) $1 ,256,276 from the Compensation Board of the Commonwealth of Virginia is
12 hereby accepted and appropriated, with funds from the Commonwealth increased
13 accordingly, to the FY 2021-22 Operating Budget of the Virginia Beach Sheriff's
14 Office for the purpose of providing one-time bonuses in the amount of $3,000 to
15 Sheriff Deputies.
16
17 2) The one-time payment of $3,000 bonuses to locally funded sworn officer
18 appointees of the Virginia Beach Sheriff's Office is hereby approved. These
19 appointees are not reimbursed by the Compensation Board and are therefore
20 ineligible for bonuses provided for by the General Assembly.
Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day
of October , 2021.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
qe.t,v,&IPMFOrrr.
Budget & Management Services ' A rney's ffice
CA15560
R-1
October 7, 2021
st-
City of Virginia Beach
�y ors i
0�9
z�9�S G`
OF OUR WO5
VBgov.com
N.D."ROCKY"HOLCOMB October 19, 2021 CELL PHONE:(757)416-2343
COUNCIL MEMBER rholcomb@vbgov.com
DISTRICT 2-KEMPSVILLE
In Reply Refer to 0073081
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), 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 accept and appropriate funding from the Commonwealth
of Virginia State Compensation Board to the Virginia Beach Sheriff's Office
(VBSO) FY 2021-22 Operating Budget and to approve bonuses for locally funded
sworn officer appointees. This transaction has applicability solely to the VBSO and
employees thereof.
2. I have a personal interest in the VBSO because of my employment and income
received by that governmental agency. The VBSO address is 2501 James Madison
Blvd, Virginia Beach, Virginia.
3. I hereby disclose this interest, and I am abstaining from participation in the City
Council's consideration of this item.
Accordingly, I respectfully request that you record this declaration in the official records
of the City Council. Thank you for your assistance and cooperation in this matter.
Sincerely,
/1 D/ '
&L/L-. 4517------7
N.D. Rocky Holcomb /a —/lj a/
Councilmember J
NDH/DRH
2401 COURTHOUSE DRIVE.SUITE 281.VIRGINIA BEACH.VA 23456
O OI4W'EALTH OF ViG�
Commonwealth's Attorney •
Deputies
Colin D.Stolle ( " • Wendy Alexander
fi 5 Tabitha B.Anderson
Chief Deputies Sara R.Chandler
Susan G.Hooks t 'v'S' . : Patrick J.Connolly
Scott M.Lang Janee D.Joslin
David W.Laird
OFFICE OF THE COMMONWEALTH'S ATTORNEY Paul J.Powers
CITY OF VIRGINIA BEACH
2425 Nimmo Parkway
Virginia Beach,VA 23456-9050
(757)385-4401
FAX(757)385-1288
TDD:711
www.vbgov.com/oca
Direct Diat (757)385-8978
October 19, 2021
Council Member N. D. Holcomb
Office of the City Clerk
2401 Courthouse Drive
Virginia Beach,VA 23456
Dear Council Member Holcolmb:
In a letter dated October 12, 2021 you requested an opinion under the Virginia Conflict of
Interests Act regarding your participation in Virginia Beach City Council discussions and voting
regarding"future transactions that may relate to the Virginia Beach Sheriff's Office (VBSO)."
Specifically, given your employment as the Chief Deputy Sheriff, you ask what the application is
of Virginia Code Section 2.2-3112(A), and does that section require you to disqualify yourself
from participating in transactions that relate to the Virginia Beach Sheriffs Office?
§ 2.2-3112(A) states the following:
A. Each officer and employee of any state or local governmental or
advisory agency who has a personal interest in a transaction shall
disqualify himself from participating in the transaction if (i) the
transaction has application solely to property or a business or
governmental agency in which he has a personal interest or a
business that has a parent-subsidiary or affiliated business entity
relationship with the business in which he has a personal interest or
(ii)he is unable to participate pursuant to subdivision B 1,2,or 3.Any
disqualification under the provisions of this subsection shall be
recorded in the public records of the officer's or employee's
governmental or advisory agency. The officer or employee shall
disclose his personal interest as required by subsection E of§2.2-3114
October 19,2021
Page 2
or subsection F of§2.2-3115 and shall not vote or in any manner act
on behalf of his agency in the transaction. The officer or employee
shall be prohibited from(I)attending any portion of a closed meeting
authorized by the Virginia Freedom of Information Act(§2.2-3700 et
seq.)when the matter in which he has a personal interest is discussed
and(ii)discussing the matter in which he has a personal interest with
other governmental officers or employees at any time.
Your letter asks what the implication is of the use of the word"or"between subsections(i)and
(ii) of§2.2-3112(A). Generally,phrases separated by the disjunctive"or,"are independent.See,
e.g.,Ruben v. Secretary of HHS, 22 Cl. Ct. 264,266(1991)(finding that, the word"or"connects
two parts of a sentence, 'but disconnect[s] their meaning"); Quindlen v. Prudential Ins. Co.,
482 F.2d 876, 878 (5th Cir. 1973) (noting disjunctive results in alternatives, which must be
treated separately); United States v. Riely, 169 F.2d 542, 543 (4th Cir. 1948)(interpreting the use
of a comma and the disjunctive "or" as implying two separate and independent phrases in a
Virginia statute authorizing payment of dividends by corporation"out of net earnings, or out of
its net assets in excess of its capital").See also, Smoot v. Commonwealth, 37 Va. App.495, 501,
559 S.E.2d 409, 412 (2002)(internal citations omitted).
The use of the word"of'in§ 2.2-3112(A)thus sets out two independent situations under which
officers and employees of a state or local governmental agency who have "a personal interest in
a transaction"as that is defined in §2.2-3101 are required to disqualify themselves. Firstly,
under(i) such an officer or employee would be required to disqualify themselves from
transactions that applied solely to the property, business, or governmental agency in which the
officer or employee has a personal interest. Secondly, under(ii) such an officer or employee
would be required to disqualify themselves if they were prohibited from participating under
subdivision B(1), (2),or(3).
Virginia Code §2.2-3112(B) states:
B. An officer or employee of any state or local government or advisory
agency who has a personal interest in a transaction may participate in the
transaction:
1. If he Is a member of a business, profession, occupation, or group of
three or more persons the members of which are affected by the
transaction, and he complies with the declaration requirements of
subsection F of§2.2-3114 or subsection H of§2.2-3115.
2. When a party to the transaction is a client of his firm if he does not
personally represent or provide services to such client and he complies
with the declaration requirements of subsection G of § 2.2-3114 or
subsection I of§2.2-3115.or
October 19, 2021
Page 3
3. If it affects the public generally,even though his personal interest,as a
member of the public, may also be affected by that transaction.
In your letter you set out four(4) scenarios as examples of the types of transactions that may
come before the Virginia Beach City Council for consideration that I will set out briefly:
(1) A budget vote that would include raises for all City, Schools, and constitutional
officer employees.
(2) An appropriation that would provide bonuses to all sworn employees of VBSO.
(3) An appropriation that would provide revenue to VBSO for operations at the
Correctional Center.
(4) An ordinance amending the City Code to change references to"police officer"to
"law enforcement officer" so as to include, among others, Sheriffs Deputies,within
the scope of the amended ordinance.
As an employee of the VBSO,the provision of(B)(1)could have application to your
participation as a Council member in the example transactions relating to the VBSO. The
provision of(B)(2)would not apply to your situation and(B)(3)would also not apply as none of
the example transactions apply to the public generally, but rather to specific groups of City
employees, as well as the VBSO.
In each of your examples the transactions would affect all sworn Sheriff's Deputies (among other
people)employed by the VBSO. It is a given for the purposes of this opinion that there are more
than three(3) sworn Sheriff's Deputies employed by the VBSO that would be affected by these
transactions, of which you as chief deputy are included. Thus,you are clearly a"member of a ...
group of three or more persons" which are affected by the transactions in all four(4) scenarios.
As long as you comply with the declaration requirements of subsection H of§2.2-3115, which
deals with disclosures by local government officers and employees, you would be within the
exception provided for by §2.2-3112(B)(1).
However, compliance with subsection B is not the end of the inquiry as the provisions of§ 2.2-
3112(A)(i) are independent and must also be complied with. As set out in the subsection,
officers and employees having a personal interest in a transaction must disqualify themselves if
"the transaction has application solely to a ... governmental agency in which he has a personal
interest." As acknowledged in your letter dated October 12, 2021 your employment by VBSO
results in your having a"personal interest" in the"governmental agency"of the VBSO. The
distinction between the prohibition contained in§2.2-3112(A)(i)and the exemption provided for
in § 2.2-3112(A)(ii)through reference to § 2.2-3112(B)(1), (2), and (3), is that the exemptions
only would apply in circumstances where the transaction did not"have application solely to ... a
governmental agency"in which you have a personal interest. Where the transaction applied
solely with the VBSO, the terms of§ 2.2-31 I2(A)(i) would control and you would be prohibited
from attending any portion of a closed meeting authorized by the Virginia Freedom of
Information Act when the matter is discussed and discussing the matter with other governmental
officers or employees at any time.
October 19, 2021
Page 4
Because your personal interest arises solely from your employment with the Virginia Beach
Sheriffs Department, a group that includes three(3) or more persons,you would be allowed to
participate in transactions that do not solely affect the Virginia Beach Sheriff's Department as
long as you comply with the declaration requirements of subsection H of§ 2.2-3115, which deals
with disclosures by local government officers and employees.
H.An officer or employee of local government who is required to declare
his interest pursuant to subdivision 8 1 of§ 2.2-3112 shall declare his
interest by stating (i) the transaction involved, (ii) the nature of the
officer's or employee's personal interest affected by the transaction, (iii)
that he is a member of a business, profession, occupation, or group the
members of which are affected by the transaction,and(iv)that he is able
to participate in the transaction fairly, objectively, and in the public
interest. The officer or employee shall either make his declaration orally
to be recorded in written minutes for his agency or file a signed written
declaration with the clerk or administrative head of his governmental or
advisory agency, as appropriate, who shall, in either case, retain and
make available for public inspection such declaration for a period of five
years from the date of recording or receipt. If reasonable time is not
available to comply with the provisions of this subsection prior to
participation in the transaction, the officer or employee shall prepare and
file the required declaration by the end of the next business day. The
officer or employee shall also orally disclose the existence of the interest
during each meeting of the governmental or advisory agency at which the
transaction is discussed and such disclosure shall be recorded in the
minutes of the meeting.
Virginia Code § 2.2-3115 (H)
For these reasons, it is my opinion that in any transaction that would solely apply to the Virginia
Beach Sheriffs Office, you would be prohibited by the terms of§ 2.2-3112(A)(i) from
participating. You would be required to disqualify yourself and you would be prohibited from(i)
attending any portion of a closed meeting when the matter is discussed and (ii)discussing the
matter with other governmental officers or employees at any time.
Further it is my opinion that in any transaction that applies to the Virginia Beach Sheriff's
Office,but also has applications to property, businesses, or governmental agencies beyond the
Virginia Beach Sheriffs Office you would be allowed by the terms of§ 2.2-3112(B)(1)to
participate in the transaction as long as you comply with the declaration requirements of
subsection H of§2.2-3115 by declaring(i)the transaction involved, (ii)the nature of your
personal interest affected by the transaction, (iii)that you are a member of a group (employees of
the Virginia Beach Sheriff's Department) that are affected by the transaction, and(iv)that you
October 19, 2021
Page 5
are able to participate in the transaction fairly,objectively,and in the public interest during each
meeting at which the transaction is discussed.
I have refrained from offering an opinion on the specific"four potential transactions that may be
coming before the Virginia Beach City Council." If and when a specific transaction comes
before the Virginia Beach City Council,and you would like me to review whether or not you
may participate in that transaction given your"personal interest in the Virginia Beach Sheriffs
Office,"I will be happy to review that on a case by case basis.
Finally,the Act recognizes"that our system of representative government is dependent in part
upon...its citizens maintaining the highest trust in their public officers and employees." Virginia
Code § 2.2-3100. To that end,the Act is construed liberally to accomplish that purpose. In that
respect, the Act places the burden on the individual officer to evaluate whether the facts
presented would affect the public's trust in its officers.
S' ly,
•
Colin D. Stolle
Commonwealth's Attorney
/adh
cc: Mark Stiles,City Attorney
42
ITEM— VLK.7
ORDINANCES/RESOLUTIONS
ITEM#72157
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
LaTasha Holloway, 826 Tuition Way, Phone: 348-0456, spoke in OPPOSITION
Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADOPTED
Ordinance to ACCEPT$136,429,703 from the American Rescue Plan Act(ARPA) Coronavirus State and
Local Fiscal Recovery Funds and APPROPRIATE $82,063,098 re Stormwater, Parks and Recreation
Infrastructure,and Facilities Capital Projects
Voting: 9-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N.
D. "Rocky"Holcomb, Louis R. Jones,John D. Moss,Aaron R. Rouse
Guy K. Tower and Sabrina D. Wooten
Council Members Abstaining:
Linwood O. Branch
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
1 AN ORDINANCE TO ACCEPT$136,429,703 OF AMERICAN
2 RESCUE PLAN ACT CORONAVIRUS STATE AND LOCAL
3 FISCAL RECOVERY FUNDS AND TO APPROPRIATE
4 $82,063,098 FOR STORMWATER, PARKS AND
5 RECREATION INFRASTRUCTURE, AND FACILITIES
6 CAPITAL PROJECTS
7
8 WHEREAS, since March 2020, the coronavirus pandemic has impacted the
9 citizens of the City of Virginia Beach as well as the operations of the City of Virginia Beach;
10
11 WHEREAS, on March 11, 2021, the President of the United States signed the
12 American Rescue Plan Act into law (P.L. 117-2);
13
14 WHEREAS, Section 9901 (Title IX, Subtitle M) of the American Rescue Plan Act
15 created Coronavirus State and Local Fiscal Recovery Funds;
16
17 WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds allocated
18 direct federal funding to governments throughout the United States, including the City of
19 Virginia Beach;
20
21 WHEREAS, the City received allocations from both the city and county portions of
22 the Coronavirus State and Local Fiscal Recovery Funds as Section 9901 allowed that "a
23 unit of general local government that has formed a consolidated government may receive
24 a distribution under each...paragraphs..."
25
26 WHEREAS, the United States Treasury formula apportioned a total of
27 $136,429,703 to the City of Virginia Beach;
28
29 WHEREAS, in May 2021, the United States Treasury released guidance for the
30 funds under the Interim Final Rule (31 CFR Part 35, Subpart A);
31
32 WHEREAS, on May 25, 2021, the City Council established priorities for the use of
33 the City's funds and instructed the City Manager to prepare a Recommended Budget;
34
35 WHEREAS, the City Manager presented an American Rescue Plan Act
36 Recommended Budget on September 14, 2021;
37
38 WHEREAS, a public hearing on the proposed use of Recommended Budget was
39 held on October 5, 2021; and
40
41 WHEREAS, the City Council requested dividing the recommendations such that
42 only capital projects be voted upon at the October 19th Formal Meeting;
43
44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
45 VIRGINIA BEACH, VIRGINIA THAT:
46
47 1. $136,429,703 from the United States Department of the Treasury is hereby
48 accepted.
49
50 2. Of the $136,429,703, $82,063,098 is hereby appropriated into the FY 2021-22
51 Operating Budget, with revenue from the federal government increased
52 accordingly, and transferred, as pay-as-you go financing, to the FY 2021-22
53 Capital Improvement Program. The revenues from this pay-as-you-go transfer will
54 support the appropriations made for projects included in enactment clauses 4, 6,
55 8, 10, 12, 14, 16, and 18.
56
57 3. A new capital project (#PG100585, "Enhanced Neighborhood Rehabilitation —
58 ARPA") to provide stormwater neighborhood rehabilitation is hereby authorized
59 within the FY 2021-22 Capital Improvement Program.
60
61 4. $23,580,000 is hereby appropriated to Capital Project #PG100585 within the
62 Stormwater Section of the FY 2021-22 Capital Improvement Program.
63
64 5. A new capital project(#PG100586, "Lake Management—ARPA") to enhance lake
65 management in the City is hereby authorized within the FY 2021-22 Capital
66 Improvement Program.
67
68 6. $21,300,000 is hereby appropriated to Capital Project #PG100586 within the
69 Stormwater Section of the FY 2021-22 Capital Improvement Program.
70
71 7. A new capital project (#PG100587, "Parks Capital Infrastructure Replacement —
72 ARPA") to provide additional neighborhood parks maintenance is hereby
73 authorized within the FY 2021-22 Capital Improvement Program.
74
75 8. $15,200,000 is hereby appropriated to Capital Project#PG100587 within the Parks
76 and Recreation Section of the FY 2021-22 Capital Improvement Program.
77
78 9. A new capital project (#PG100588, "Recreation Center HVAC Replacement /
79 Repair — ARPA") to provide recreation center HVAC improvements is hereby
80 authorized within the FY 2021-22 Capital Improvement Program.
81
82 10. $3,650,000 is hereby appropriated to Capital Project #PG100588 within the
83 Buildings and Assets Section of the FY 2021-22 Capital Improvement Program.
84
85 11. A new capital project (#PG100589, "Central Utility Plant Enhancements —ARPA")
86 to provide repairs and replacements to the Central Utility Plant is hereby authorized
87 within the FY 2021-22 Capital Improvement Program.
88
89 12. $6,100,000 is hereby appropriated to Capital Project #PG100589 within the
90 Buildings and Assets Section of the FY 2021-22 Capital Improvement Program.
91
92 13. A new capital project (#PG100590, "Courts Building Direct Digital Control —
93 ARPA") to purchase and install a digital direct control system for the Courts
94 Building is hereby authorized within the FY 2021-22 Capital Improvement
95 Program.
96
97 14. $2,070,000 is hereby appropriated to Capital Project #PG100590 within the
98 Buildings and Assets Section of the FY 2021-22 Capital Improvement Program.
99
100 15. A new capital project(#PG100591, "Parks and Rec Construction Yard Relocation
101 - ARPA) to construct a new Parks & Recreation Landscape Yard is hereby
102 authorized within the FY 2021-22 Capital Improvement Program.
103
104 16. $9,420,098 is hereby appropriated to Capital Project #PG100591 within the
105 Buildings and Assets Section of the FY 2021-22 Capital Improvement Program.
106
107 17. A new capital project (#PG100594, "Library Meeting Rooms Technology
108 Modernization —ARPA") to provide technology improvements in meeting rooms at
109 the City's Libraries is hereby authorized within the FY 2021-22 Capital
110 Improvement Program.
111
112 18. $743,000 is hereby appropriated to Capital Project #PG100594 within the
113 Information Technology Section of the FY 2021-22 Capital Improvement Program.
114
115 19_ $54,366,605 is herebt. reserved pending future action of the City Council to
116 appropriate such funds and direct the use thereof.
117
118 20. If a project approved by this ordinance is determined to be no longer be feasible
119 to be constructed within the timeframe allowed by the United States Department
120 of the Treasury, the City Manager or designee shall hold such project in abeyance
121 and seek direction by the City Council for an alternative use of the funds or
122 segmentation of such project to meet the applicable timeframe, or both.
123
124 21. If, at a subsequent date to this ordinance, further or refined guidance is issued by
125 the United States Department of the Treasury that disallows any of the projects
126 approved by this ordinance, the City Manager or designee shall hold such project
127 in abeyance and seek direction by the City Council for an alternative use of the
128 funds.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day
of October , 2021 .
•
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: AP AS TO LEGAL SUFFICIENCY.
udget and Management Services o y's Office
CA15559
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October 12,2021
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City of V_irgi ni a 1E3 each
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VBgov.com
LINWOOD O.BRANCH CELL:757-633-7094
COUNCIL MEMBER libranch@yb.00y.com
DISTRICT 5-LYNNHAVEN
In Reply Refer to 0073086
October 19, 2021
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), 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 accept $136,429,703 of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds and to Appropriate
$82,063,098 for Stormwater, Parks and Recreation Infrastructure, and Facilities
Capital Projects.
2. I have a personal interest in Lynn-Dee Motel, Inc., which owns and operates the
Days Inn at the Resort and related restaurant and gift shop. The corporate address
of Lynn-Dee Motel, Inc. is 1000 Atlantic Avenue, Virginia Beach.
3. The transaction described above includes the acceptance of federal funds, and the
disposition of some of these funds is intended to provide business assistance to
the hospitality industry.
4. I have requested an opinion from the Commonwealth's Attorney as to whether I
may participate in this transaction. Having not yet received this opinion and in an
abundance of caution, I am hereby disclosing my interest, and I am abstaining
from the City Council's consideration of this item.
2401 COURTHOUSE DRIVE,SUITE#281,VIRGINIA BEACH,VIRGINIA 23456
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,
6/,.. ......0 ./4.4,215_
Linwood O. Branch, III
Councilmember
LOB/DRH
43
ITEM— VLL.1
PLANNING
ITEM#72158
The following registered to speak:
Billy Garrington, Attorney for Applicant, 471 Southside Road, Phone: 428-4245, spoke in SUPPORT
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Morris Fine, 401 Parks Avenue#300, Phone: 422-1678, spoke in OPPOSITION
Upon motion by Council Member Tower,seconded by Council Member Henley, City Council DEFERRED
TO DECEMBER 7,2021,Application of MURPHY'S OF VIRGINIA BEACH/STEPHEN YUEN YEE
FAMILY,LLCfor a Special Exception for Alternative Compliance re convert a portion of parking lot into
permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6—
BEACH
Voting: 6-4
Council Members Voting Aye:
Linwood O. Branch, Barbara M. Henley, Louis R. Jones, Aaron
R. Rouse, Guy K. Tower and Sabrina D. Wooten
Council Members Voting Nay:
Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky"
Holcomb and John D.Moss
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
44
ITEM— VI.L.2
PLANNING
ITEM#72159
The following registered to speak:
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Diana Plizga, 1805 Wandsworth Drive, spoke in OPPOSITION
Upon motion by Council Member Henley, seconded by Council Member Jones, City Council DEFERRED
TO NOVEMBER 9, 2021, Application of VIRGINL4 BEACH DEVELOPMENT AUTHORITY/
VIRGINL4 BEACH DEVELOPMENT AUTHORITY& FROB,LLC for a Modification of Proffer to a
Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park
DISTRICT 7—PRINCESS ANNE(Deferred from September 21, 2021)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower and Sabrina
D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
October 19, 2021
45
ITEM— VLL.3
PLANNING
ITEM#72160
The following registered to speak
Lisa Murphy, 440 Monticello Avenue#2200,Phone: 628-5540,Attorney for Applicant,spoke in SUPPORT
of applicants request to withdraw application
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Danny Murphy, 366 Segal Bluff Drive, Phone: 435-4389, spoke in SUPPORT of withdrawal
Upon motion by Council Member Jones, seconded by Council Member Tower, City Council APPROVED
WITHDRAWAL for Application of JTR, LLC/JTR, LLC/BAYLINER BUILDING, LLC& SHORE
DRIVE AREA PROPERTIES for Street Closures of partially improved and unimproved portions of right-
of-way known as Clipper Bay Drive (approximately 26,414 square feet) and Ocean Tides Drive
(approximately 12,252 square feet)DISTRICT 4—BAYSIDE
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R.
Jones, *John D. Moss, Aaron R. Rouse, Guy K. Tower and
Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
*Council Member Moss filed a disclosure
October 19, 2021
W I L L C ❑ X SAVAGE
Lisa M.Murphy
(757)628-5540
lmurphy@wilsay.com
87644.001
October 15, 2021
VIA HAND DELIVERY &
ELECTRONIC MAIL
Ms. Amanda Barnes, MMC
City Clerk
City of Virginia Beach
2401 Courthouse Drive, Suite 281
Virginia Beach, Virginia, 23456
Street Closure Applications—JTR, LLC ("Applicant")
2020-PCCC-00315/00316
Conditional Rezoning& Conditional Use Permit Applications -
MP Shore, LLC ("Applicant")
2020-PCCC-00122/00123—Bayside
Planning Items #3 
Dear Ms. Barnes:
I am writing to you on behalf of the Applicants in connection with the referenced
applications to notify you that we intend to withdraw the referenced applications at the City
Council Meeting on October 19th, instead of seeking to defer these applications as we had
indicated in our prior correspondence to Hoa Dao. Please do not hesitate to call or email me
should you have any questions regarding these applications. With kind regards, I am
Ve truly your,g,
1(k, '
Lisa M. Murphy ._
cc: Mr. John H. Peterson III(via email)
Mr. William A. Wilcox II (via email)
Mr. Terry L. Browning(via email)
Reply to Norfolk Office
440 MONTICELLO AVENUE SUITE 2200 NORFOLK, VA 23510 757.62E1.5500 FACSIMILE 757.628.5566
222 CENTRAL PARK AVENUE SUITE 1500 VIRGINIA BEACH, VIRGINIA 23462 757.622.5600 FACSIMILE 757.62E1.5659
WWW.WILLCOXANOSAVAGE.COM
1-1 67 1 1 94.1
r2
City of Virinia. Beach
t
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VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE JDMOSSOVBGOVCOM
October 19, 2021
In Reply Refer to 0073083
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(H), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on a proposed rezoning of a property and a street closure for a multi-family
project(the "Project") on Marlin Bay Road. This transaction is L.3 and L.4 on the
printed agenda for the October 19t City Council meeting.
2. I have a personal interest in Dominion Energy. The corporate address of Dominion
Energy is 120 Tredegar Street, Richmond, Virginia 23219.
3. The Commonwealth's Attorney has concluded that I have a personal interest in the
above-referenced transaction due to a reasonably foreseeable benefit or detriment
to Dominion as a result of the approval or denial of the Project by the City Council.
I have attached this opinion for reference.
4. The Commonwealth's Attorney has further concluded that I may make the
declaration set forth in subsection H of § 2.2-3115, which permits members of a
group to participate in a transaction notwithstanding their personal interest.
5. I am a member of a group—the shareholders of Dominion—that are affected by the
transaction.
6. I am able to participate in the transaction fairly, objectively, and in the public
interest.
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
Mrs. Amanda Barnes -2- October 19, 2021
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sin erely
i
;�
John A i ss
Councilmember
Enclosure
JDM/DRH
worAIEMMI OF A/MG
Commonwealth's Attorney `1 `; ?°* Jr• r+s 7 Deputies
Colin D.Stolle ,d( `°, :, � Wendy Alexander
{ e d• Tabitha B.Anderson
Chief Deputies � Sara R.Chandler
Susan G.Hooks � ' �,' Patrick J.Connolly
Scott M.Lang Janee D.Joslin
OFFICE OF THE COMMONWEALTH'S ATTORNEY Paula p �
CITY OF VIRGINIA BEACH
2425 Nimrno Parkway
Virginia Beach,VA 23456-9050
(757)385-4401
FAX(757)385-1288
TDD:711
www.vbgov.com/oca
Direct Dial: (757)385-8978
October 19,2021
Council Member John Moss
Office of the City Clerk
2401 Courthouse Drive
Virginia Beach, VA 23456
Dear Council Member Moss:
In a letter dated October 14, 2021, you requested an opinion under the Virginia Conflict of
Interests Act (the "Act") regarding your participation in Virginia Beach City Council discussions
and vote regarding"a proposed rezoning of a property and a street closure for a multi-family
project (the `Project')." You further advise that"the developer of the Project anticipates entering
into one or more contracts with Dominion Energy, Inc. (`Dominion')to have electric vehicle
charging stations and solar panels as part of the full build-out of the Project." You ask whether
your personal interest in Dominion causes you to have a personal interest in the transaction.
A"personal interest in a transaction"exists when an officer or employee or member of his
immediate family has a personal interest in, among other things, a business and such business is
(i)the subject of the transaction or(ii) may realize a reasonably foreseeable direct or indirect
benefit or detriment as a result of the action of the agency considering the transaction." Va.
Code § 2.2-3101. In the present situation,Dominion is not the subject of the transaction. As
described in your letter, the transaction at issue involves rezoning property and closure of a
street,neither of which are the property of Dominion, but rather necessary for the developer of
the Project to move forward. The inquiry then falls to whether Dominion"may realize a
reasonably foreseeable direct or indirect benefit or detriment." Id.
As described in your letter,the developer "anticipates entering into one or more contracts with
Dominion"to provide electric vehicle charging stations and solar panels. With this anticipation,
even though a contract has not yet been entered into, it is reasonably foreseeable that Dominion
may realize a direct or indirect benefit(income realized from the sale and/or installation of the
October 19, 2021
Page 2
equipment) from the approval of the rezoning and street closure. Likewise they may suffer a
detriment(loss of the business opportunity to sell and/or install the equipment to the developer)
from the denial of the rezoning and street closure. As the Virginia Supreme Court stated in West
v. Jones,228 Va. 409,415, 323 S.E.2d 96 (1984):
Conflicts of interest are proscribed precisely because they may
compromise or affect the judgment of public servants at the expense of
private citizens. If, at the time the transaction is pending, it is reasonably
foreseeable that the public servant's personal interest could benefit or
suffer from his participation in that transaction, the conflict and the
danger it poses to the public interest arise at the moment the transaction
occurs.
For this reason, it is my opinion that you have a"personal interest in the transaction"related to
the Project as a result of the reasonably foreseeable benefit or detriment to Dominion as a result
of the action taken by the Virginia Beach City Council. However, since the transaction before
the Council does not solely affect Dominion,but rather affects a larger group including the
developer, you would be permitted to participate in the transaction if one of the exceptions in §
2.2-3112(B)(1-3)applies.
Virginia Code §2.2-3112(B) states:
B. An officer or employee of any state or local government or advisory
agency who has a personal interest in a transaction may participate in the
transaction:
1. If he is a member of a business, profession, occupation, or group of
three or more persons the members of which are affected by the
transaction, and he complies with the declaration requirements of
subsection F of§2.2-3114 or subsection H of§2.2-3115;
2. When a party to the transaction is a client of his firm if he does not
personally represent or provide services to such client and he complies
with the declaration requirements of subsection G of § 2.2-3114 or
subsection l of§2.2-311.5..or
3. If it affects the public generally,even though his persona!interest,as a
member of the public, may also be affected by that transaction.
Although your letter does not contain any information to this effect, I can safely assume that
Dominion has more than three(3)shareholders who would be affected by the transaction.
Dominion is a publicly traded company on the New York Stock Exchange with more than 800
million shares outstanding. See Dominion Energy 2nd Quarter 2021 Earnings Release Kit
(August 6, 2021). As such,you would be a member of a group of more than three (3) members
who would be affected by this transaction. See COI Adv. Op. No. 09-A01 (October 19,2009)
October 19,2021
Page 3
(defining"group"as "a number of persons or things ranged or considered together as being
related in some way."), COI Adv. Op. No. 04-A06(August 13, 2004) (authorizing Board of
Supervisors member to vote on School Board Budget where his wife and son were employed by
the School Board because he was among a group of three or more persons affected by the
transaction).
Because your personal interest arises solely from your income as a shareholder in Dominion, a
group that includes three(3) or more persons, you would be allowed to participate in the
transaction as long as you comply with the declaration requirements of subsection H of§ 2.2-
3115 which deals with disclosures by local government officers and employees.
H. An officer or employee of local government who is required to declare
his interest pursuant to subdivision B 1 of§ 2.2-3112 shall declare his
interest by stating (i) the transaction involved, (ii) the nature of the
officer's or employee's personal interest affected by the transaction, (iii)
that he is a member of a business, profession, occupation, or group the
members of which are affected by the transaction, and(iv)that he is able
to participate in the transaction fairly, objectively, and in the public
interest. The officer or employee shall either make his declaration orally
to be recorded in written minutes for his agency or file a signed written
declaration with the clerk or administrative head of his governmental or
advisory agency, as appropriate, who shall, in either case, retain and
make available for public Inspection such declaration for a period of five
years from the date of recording or receipt. If reasonable time is not
available to comply with the provisions of this subsection prior to
participation in the transaction, the officer or employee shall prepare and
file the required declaration by the end of the next business day. The
officer or employee shall also orally disclose the existence of the interest
during each meeting of the governmental or advisory agency at which the
transaction is discussed and such disclosure shall be recorded in the
minutes of the meeting.
Virginia Code§2.2-3115 (H)
Accordingly, it is my opinion that you do have a personal interest in the transaction due to a
reasonably foreseeable benefit or detriment to Dominion as a result of the approval or denial of
the Project by the Virginia Beach City Council. Despite this personal interest in the transaction,
it is also my opinion that the exception in 2.2-3112(B)(1) applies and would permit you to
participate in the discussion and voting as long as you comply with the requirements of§ 2.2-
3115 (H) by declaring(i)the transaction involved, (ii)the nature of your personal interest
affected by the transaction, (iii)that you are a member of a group (shareholders of Dominion)
that are affected by the transaction, and (iv)that you are able to participate in the transaction
October 19, 2021
Page 4
fairly, objectively,and in the public interest during each meeting at which the transaction is
discussed.
Finally,the Act recognizes "that our system of representative government is dependent in part
upon...its citizens maintaining the highest trust in their public officers and employees." Virginia
Code § 2.2-3100. To that end, the Act is construed liberally to accomplish that purpose. In that
respect, the Act places the burden on the individual officer to evaluate whether the facts
presented would affect the public's trust in its officers.
Si =ely,
i
Colin . Stolle
Commonwealth's Attorney
/adh
46
ITEM— VI.L.4
PLANNING
ITEM#72161
The following registered to speak:
Lisa Murphy, 440 Monticello Avenue#2200,Phone: 628-5540,Attorney for Applicant,spoke in SUPPORT
of applicants request to withdraw application
Barbara Messner, P. O. Box 514, spoke in OPPOSITION
Danny Murphy, 366 Segal Bluff Drive, Phone: 435-4389, spoke in SUPPORT of withdrawal
Upon motion by Council Member Jones, seconded by Council Member Branch, City Council APPROVED
WITHDRAWAL for Application of MP SHORE DRIVE, LLC/JTR, LLC, BAYLINER BUILDING,
LLC,SHORE DRIVE AREA PROPERTIES,LLC, & CITY OF VIRGINL4 BEACH for a Conditional
Change of Zoningfrom PD-HI and B-2 Districts to Conditional B-4 Mixed Use and Conditional Use Permit
re multi family dwellings at 3829 & 3785 Shore Drive and adjacent parcels between Marlin Bay Drive
and 3829 Shore Drive DISTRICT 4—BAYSIDE
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M.
Dyer, Barbara M. Henley, N. D. `Rocky" Holcomb, Louis R.
Jones, *John D. Moss, Aaron R. Rouse, Guy K. Tower and
Sabrina D. Wooten
Council Members Absent:
Vice Mayor Rosemary Wilson
*Council Member Moss filed a disclosure
October 19, 2021
WILLCOX SAVAGE
Lisa M.Murphy
(757)628-5540
lmurphy@wilsay.com
87644.001
October 15,2021
VIA HAND DELIVERY &
ELECTRONIC MAIL
Ms. Amanda Barnes, MMC
City Clerk
City of Virginia Beach
2401 Courthouse Drive, Suite 281
Virginia Beach, Virginia, 23456
Street Closure Applications—JTR, LLC ("Applicant")
2020-PCCC-00315/00316
Conditional Rezoning& Conditional Use Permit Applications -
MP Shore, LLC ("Applicant")
2020-PCCC-00122/00123—Bayside
Planning Items#3 & #4
Dear Ms. Barnes:
I am writing to you on behalf of the Applicants in connection with the referenced
applications to notify you that we intend to withdraw the referenced applications at the City
Council Meeting on October 19th, instead of seeking to defer these applications as we had
indicated in our prior correspondence to Hoa Dao. Please do not hesitate to call or email me
should you have any questions regarding these applications. With kind regards, I am
iNtVruly ruts,
C
Lisa M. Murphy •
cc: Mr. John H. Peterson III (via email)
Mr. William A. Wilcox II (via email)
Mr. Terry L. Browning(via email)
Reply to Norfolk Office
440 MONTICELLO AVENUE SUITE 2200 NORFOLK, VA 23510 757.622.5500 FACSIMILE 757.628.5566
222 CENTRAL PARK AVENUE SUITE 1500 VIRGINIA BEACH, VIRGINIA 23462 757.622.5600 FACSIMILE 757.628.5659
WWW.WILLCOXANOSAVAGE.COM
I-1671194.1
01.11A•
BE40�
04 :a 0
City of Virginia Beach
9 OF OUR Nx-tO9
VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE JDMOSS®VBGOV.COM
October 19, 2021
In Reply Refer to 0073083
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(H), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on a proposed rezoning of a property and a street closure for a multi-family
project (the "Project") on Marlin Bay Road. This transaction is L.3 and L.4 on the
printed agenda for the October 191h City Council meeting.
2. I have a personal interest in Dominion Energy. The corporate address of Dominion
Energy is 120 Tredegar Street, Richmond, Virginia 23219.
3. The Commonwealth's Attorney has concluded that I have a personal interest in the
above-referenced transaction due to a reasonably foreseeable benefit or detriment
to Dominion as a result of the approval or denial of the Project by the City Council.
I have attached this opinion for reference.
4. The Commonwealth's Attorney has further concluded that I may make the
declaration set forth in subsection H of § 2.2-3115, which permits members of a
group to participate in a transaction notwithstanding their personal interest.
5. I am a member of a group—the shareholders of Dominion—that are affected by the
transaction.
6. I am able to participate in the transaction fairly, objectively, and in the public
interest.
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
Mrs. Amanda Barnes -2- October 19, 2021
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sin ely
John . ss
Councilmember
Enclosure
JDM/DRH
COIsmssN EALTH OF VmG
Commonwealth's Attorney �./ 'may ". ' '+" ATLI Deputies
Cohn D.Stolle
P
Wendy Alexander
Tabitha B.Anderson
Chief Deputies "j o s, , Sara R.Chandler
Susan G.Hooks - , Patrick J.Connolly
Scott M.Lang ' ` `«. *'"' Jane D.Joslin
OFFICE OF THE COMMONWEALTH'S ATTORNEY David W.Laird
Paul J.Powers
CITY OF VIRGINIA BEACH
2425 Nimmo Parkway
Virginia Beach,VA 23456-9050
(757)385-4401
FAX(757)385-1288
TDD:711
www.vbgov.com/oca
Direct Diet (757)385-8978
October 19, 2021
Council Member John Moss
Office of the City Clerk
2401 Courthouse Drive
Virginia Beach, VA 23456
Dear Council Member Moss:
In a letter dated October 14,2021,you requested an opinion under the Virginia Conflict of
Interests Act(the"Act") regarding your participation in Virginia Beach City Council discussions
and vote regarding"a proposed rezoning of a property and a street closure for a multi-family
project(the `Project')." You further advise that"the developer of the Project anticipates entering
into one or more contracts with Dominion Energy, Inc. (`Dominion')to have electric vehicle
charging stations and solar panels as part of the full build-out of the Project." You ask whether
your personal interest in Dominion causes you to have a personal interest in the transaction.
A"personal interest in a transaction"exists when an officer or employee or member of his
immediate family has a personal interest in,among other things,a business and such business is
(i)the subject of the transaction or(ii)may realize a reasonably foreseeable direct or indirect
benefit or detriment as a result of the action of the agency considering the transaction." Va.
Code § 2.2-3101. In the present situation,Dominion is not the subject of the transaction. As
described in your letter,the transaction at issue involves rezoning property and closure of a
street,neither of which are the property of Dominion,but rather necessary for the developer of
the Project to move forward. The inquiry then falls to whether Dominion"may realize a
reasonably foreseeable direct or indirect benefit or detriment." Id.
As described in your letter,the developer"anticipates entering into one or more contracts with
Dominion"to provide electric vehicle charging stations and solar panels. With this anticipation,
even though a contract has not yet been entered into,it is reasonably foreseeable that Dominion
may realize a direct or indirect benefit(income realized from the sale and/or installation of the
October 19, 2021
Page 2
equipment) from the approval of the rezoning and street closure. Likewise they may suffer a
detriment(loss of the business opportunity to sell and/or install the equipment to the developer)
from the denial of the rezoning and street closure. As the Virginia Supreme Court stated in West
v. Jones, 228 Va. 409, 415, 323 S.E.2d 96 (1984):
Conflicts of interest are proscribed precisely because they may
compromise or affect the judgment of public servants at the expense of
private citizens. If, at the time the transaction is pending, it is reasonably
foreseeable that the public servant's personal interest could benefit or
suffer from his participation in that transaction, the conflict and the
danger it poses to the public interest arise at the moment the transaction
occurs.
For this reason, it is my opinion that you have a"personal interest in the transaction"related to
the Project as a result of the reasonably foreseeable benefit or detriment to Dominion as a result
of the action taken by the Virginia Beach City Council. However, since the transaction before
the Council does not solely affect Dominion, but rather affects a larger group including the
developer, you would be permitted to participate in the transaction if one of the exceptions in §
2.2-3112(B)(1-3) applies.
Virginia Code §2.2-3112(B) states:
B. An officer or employee of any state or local government or advisory
agency who has a personal interest in a transaction may participate in the
transaction:
1. If he is a member of a business, profession, occupation, or group of
three or more persons the members of which are affected by the
transaction, and he complies with the declaration requirements of
subsection F of§2.2-3114 or subsection H of§2.2-3115;
2. When a party to the transaction is a client of his firm if he does not
personally represent or provide services to such client and he complies
with the declaration requirements of subsection G of § 2.2-3114 or
subsection i of§2.2-3115,.or
3. If it affects the public generally, even though his personal interest,as a
member of the public, may also be affected by that transaction.
Although your letter does not contain any information to this effect, I can safely assume that
Dominion has more than three (3)shareholders who would be affected by the transaction.
Dominion is a publicly traded company on the New York Stock Exchange with more than 800
million shares outstanding. See Dominion Energy 2nd Quarter 2021 Earnings Release Kit
(August 6, 2021). As such, you would be a member of a group of more than three (3) members
who would be affected by this transaction. See COI Adv. Op. No. 09-A01 (October 19,2009)
October 19, 2021
Page 3
(defining"group"as "a number of persons or things ranged or considered together as being
related in some way."), COI Adv. Op. No. 04-A06(August 13, 2004) (authorizing Board of
Supervisors member to vote on School Board Budget where his wife and son were employed by
the School Board because he was among a group of three or more persons affected by the
transaction).
Because your personal interest arises solely from your income as a shareholder in Dominion, a
group that includes three(3) or more persons, you would be allowed to participate in the
transaction as long as you comply with the declaration requirements of subsection H of§ 2.2-
3115 which deals with disclosures by local government officers and employees.
H. An officer or employee of local government who is required to declare
his interest pursuant to subdivision B 1 of§ 2.2-3112 shall declare his
interest by stating (i) the transaction involved, (ii) the nature of the
officer's or employee's personal interest affected by the transaction, (ill)
that he is a member of a business, profession, occupation, or group the
members of which are affected by the transaction, and(iv)that he is able
to participate in the transaction fairly, objectively, and in the public
interest. The officer or employee shall either make his declaration orally
to be recorded in written minutes for his agency or file a signed written
declaration with the clerk or administrative head of his governmental or
advisory agency, as appropriate, who shall, in either case, retain and
make available for public inspection such declaration for a period of five
years from the date of recording or receipt. If reasonable time is not
available to comply with the provisions of this subsection prior to
participation in the transaction, the officer or employee shall prepare and
file the required declaration by the end of the next business day. The
officer or employee shall also orally disclose the existence of the interest
during each meeting of the governmental or advisory agency at which the
transaction is discussed and such disclosure shall be recorded in the
minutes of the meeting.
Virginia Code§2.2-3115 (H)
Accordingly, it is my opinion that you do have a personal interest in the transaction due to a
reasonably foreseeable benefit or detriment to Dominion as a result of the approval or denial of
the Project by the Virginia Beach City Council. Despite this personal interest in the transaction,
it is also my opinion that the exception in 2.2-3 112(B)(1) applies and would permit you to
participate in the discussion and voting as long as you comply with the requirements of§ 2.2-
3115 (H) by declaring(i) the transaction involved, (ii)the nature of your personal interest
affected by the transaction, (iii)that you are a member of a group (shareholders of Dominion)
that are affected by the transaction, and (iv) that you are able to participate in the transaction
October 19,2021
Page 4
fairly, objectively,and in the public interest during each meeting at which the transaction is
discussed.
Finally,the Act recognizes"that our system of representative government is dependent in part
upon...its citizens maintaining the highest trust in their public officers and employees." Virginia
Code § 2.2-3100.To that end,the Act is construed liberally to accomplish that purpose.In that
respect,the Act places the burden on the individual officer to evaluate whether the facts
presented would affect the public's trust in its officers.
Si ely,
fil'iltli e
if
Colin b. Stolle
Commonwealth's Attorney
/adh
47
ITEM— VLM
APPOINTMENTS
ITEM#72162
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
5/31 MEMORIAL COMMITTEE
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 19, 2021
48
ADJOURNMENT
ITEM#72163
Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:12 P.M.
Terri H. elius
Chief Deputy City Clerk
Amand arnes, MMC Robert M. Dyer
City Clerk Mayor
October 19, 2021