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Home My WebLink AboutNOVEMBER 9, 2021 FORMAL SESSION MINUTES oa+:Bel fb (� a s V.dd Q` r ei`� O� OL'R 1i�1�0 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 9, 2021 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday, November 9, 2021, at 2:00 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 ITEM#72164 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District PROSPECTIVE BUSINESS OR INDUSTRY:Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3711(A)(5). • Princess Anne District • Princess Anne District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in 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). • Holloway v. City of Virginia Beach • Milledge v. Releford and City of Virginia Beach LEGAL MATTERS: 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). • Expressive activity at the Municipal Center November 9, 2021 3 ITEM#72164 (Continued) 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) • Public Contract PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees • Appointee Evaluations November 9, 2021 4 ITEM#72164 (Continued) Upon motion by Council Member Branch, seconded by Council Member Tower, City Council voted to proceed into CLOSED SESSION at 2:05 P.M. Voting: 11-0 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Closed Session 2:02 P.M. — 5:05 P.M. November 9, 2021 5 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 5:08 P.M. Mayor Dyer welcomed Taylor Adams, Deputy City Manager. Mr. Adams expressed his appreciation to City Council for their continued support: Atlantic Park Development Updates City Council Directional Briefing Taylor V.Adams, Deputy City Manager November 9, 2021 4111111 The next two (2)slides provide the Disclosures: Disclosures • Developer: Venture Realty Group • Accounting: BDO • A&E: Cooper Carry, Hanbury, WPL, Kimley Horn • Contractor: W.M. Jordan • Legal: Kaufman and Canoles -1611111111111111MMIIIIIMMOI 2, November 9, 2021 6 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 (Continued) Disclosures Investors: Atlantic Park,Inc. Venture Realty Group Venture Realty Group 1,LLC Venture Waves,LLC MacMillan-Whitaker Michael A.Culpepper John L.Gibson, Ill Bruce A.Berlin Elizabeth Matulenas Matthew L.Lafler Steven D.Green W.M.Jordan Company R.Lawson H2O Investments,LLC Joe LaMontagne The Costen Companies Tim Costen Pharrell Williams Bishard Development Corp. Steven W.Bishard John K.Bishard Robert A.Deacon Doug Ellis ALaiamm 3 Here are the Topics for Discussion: Topics for Discussion 1. Atlantic Park Development Agreement Amendments 2. Parking Garage Costs 3. Offsite Infrastructure Requests 4. Construction Management and Inspections 5. Next Steps/Additional Items November 9, 2021 7 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 (Continued) The next several slides summarize the Atlantic Park Development Agreement Amendments: Atlantic Park Development Agreement Amendments 1112223 Phase 2 ATURTIC PARK - -�- November 9, 2021 8 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 (Continued) Development Agreement Amendments • Allows for project phasing • Phase 1 north of 18'h ST • Phase 2 incorporates properties south of 18' ST • Modifies Performance Grant Cap to allow for phasing • $3M for Phase 1 &$2M for Phase 2 • Further defines Garage Parking Agreement • Extends Pre-Development Phase — May 1, 2022 • Extends Outside Financing Commitment Date to align with Pre-Development Phase —June 1, 2022 (but not less than 30 days prior to Closing) Pre-Development Construction Closing - Phase Document Phase Construction GMP/Contingency Pre-Development Construction Closing- Phase Document Phase Construction GMP/Contingency November 9, 2021 9 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 (Continued) Development Agreement Amendments Administrative matters such as: • Approving general contractor, architects & engineers • Pre-Development budget • Location of the Entertainment Venue • Amended Development Agreement is required to be sent to the Virginia General Assembly 9 Pre-Development Design Approved extension of predevelopment phase obligates the City to fund $3.1 M to complete design. Venture currently anticipates the following schedule: Updated DD Pricing: Dec. (dates vary) Permit Plan Set(80-90%): Feb. 18 CD Delivery: March 31 Final Pricing: April 15 November 9, 2021 10 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 (Continued) APPROVED avow,ut Parking ,are Costs r..Not*•.. Here are the Current Estimated Parking Costs: Current Estimated Parking Costs Authorized Appropriation $49,500,000 MI--- *meet"MINEMII 1062 397 1459 Construction $23,334,843 $15,905,946 $39,240,788 $26,895 Soft Costs $3,829,023 $1,634,206 $5,463,229 Subtotal $27,163,866 $17,540,152 $44,704,017 $30,640 Delivery Corridors $2,524,490 Master Total $47,228,507 $32,370 Note:Pricing does not include value engineering or elimination of redundant costs identified in WM Jordan estimates November 9, 2021 11 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 (Continued) The next several slides detail Offsite Infrastructure Requests: Offsite Infrastructure Requests . . , 1 i 1:;-.7,-;-,-- _ , , i -:-...,..,-_-• . ii — . ---- t. _ _., EU 1;1 r.z.:-__._-.•- 4*,- if '- , - ' -,,,4'i / - k r r---- _ 1 i .i .. L - - _ . 1----- , ! ......-- GYI PROPOSED PUS/C IMPROVEMENT, t',N., ATLANTIC PARK CENTRAL RESORTS 01.,TOPER 6 2021 14 -.........--4-- November 9, 2021 12 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 (Continued) Offsite Infrastructure Requests • Pacific Ave Replace 19th ST Signal w/ pedestrian crossing • Pacific Ave Signal at 20th ST • 18th ST Improvements —Arctic to Pacific • 18th ST Dominion Duct Bank • Arctic Ave Improvements • Arctic Ave Dominion Duct Bank • 19th ST & Baltic Avenue Signal Relocation • Baltic Ave Stormwater Infrastructure • 20th ST Improvements & Stormwater Infrastructure • 20th ST Dominion Duct Bank Offsite Infrastructure Requests Cost Estimates Duct banks $9,053,617 Signals $855,447 Streetscapes & Stormwater $6,668,208 18th ST from Arctic to Pacific $1,151,875 Total $17,729,147 Note: Should Council appropriate funds or advance existing CIP monies,staff to review whether opportunities exist to explore cost participation agreement with developer for the delivery of some or all of the offsite infrastructure. ie November 9, 2021 13 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 (Continued) Offsite Infrastructure Requests Propose to use pay-go funding. This will include: • Establish a new CIP for offsite infrastructure • Authorize the Manager to loan the funds in the new CIP to the Atlantic Park CDA for the purpose of causing the construction of the offsite infrastructure • Loaned funds to be repaid to City from CDA proceeds either: • Revenues exceed required debt service for CDA bonds;or • Revenues of the CDA after debt is retired but prior to dissolving the CDA • Anticipate cost participation agreement with developer to accomplish construction of offsite infrastructure,which would come after amending the CDA's authorizing ordinance and the CDA authorizing execution of the cost participation agreement. Construction Management and Inspections Costs (CMI) 16 November 9, 2021 14 CITY MANAGER'S BRIEFINGS DOME SITE UPDATE ITEM#72165 (Continued) Here is an overview of Construction Management&Inspections: Construction Management & Inspections • Construction managers monitor the progress of the construction contractor activities for the owner to ensure compliance with plans and specifications • CMI is needed to assure that City assets will be successfully completed to quality standards while overseeing contract compliance Here are the Next Steps: Next Steps Potential Council Actions: • Ordinance to adopt Atlantic Park Development Agreement Amendments • Memorandum for continuing Pre-Development Design • Establish a new CIP for offsite infrastructure Additional Items: • Bifurcated Closing • Entertainment Venue Costs zo Mayor Dyer expressed his appreciation to Mr.Adams for the presentation. November 9, 2021 15 CITY COUNCIL LIAISON REPORTS ITEM#72166 5:45 P.M. There were no City Council Liaison Reports November 9, 2021 16 CITY COUNCIL COMMENTS ITEM#72167 5:46 P.M. Council Member Moss expressed his appreciation to the 72.2%of voters who voted in support of the Flood Mitigation Bond Referendum as well as the stafffor their work in providing the public information. Council Member Moss advised he looks forward to working with the City Manager and staff when the project signs are placed all over the City and people can see where their investment is going. November 9, 2021 17 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72168 5:47 P.M. Council Member Henley advised in 2013, City Council adopted the Sustainability Plan which includes ten (10) areas with `people"listed first. Council Member Henley advised the Plan has not been reviewed in several years and volunteered to reach out to key stake holders to see if there is an interest in updating the Plan and acting as a Liaison. Council Member Henley advised she will provide an update to the Body during the December 7th City Council Meeting. November 9, 2021 18 AGENDA REVIEW SESSION ITEM#72169 5:48 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Resolution to ADOPT the City's 2022 Legislative Agenda 2. Resolutions to REQUEST the General Assembly AMEND the City Charter re: a. Process for filling vacancies in the Office of City Council and Mayor (Requested by Council Members Moss, Rouse and Tower) b. Expand the membership Board of Equalization (Requested by Council Member Moss) 3. Ordinance to AUTHORIZE the Dedication of a 2,218 square feet(0.05 acres) Utility Easement to Dominion Energy re serve HRSD Facilities on City-owned property at 665 Independence Boulevard 4. Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Melvin H. Eaton,II(31.98+/-acres) b. Issuance by the City of its contract obligation in the maximum principal amount of$238,784 c. TRANSFER funds to purchase U.S. Treasury Strips 5. Ordinances to AMEND: a. Section 1.3 and 1-30 of the Stormwater Management Ordinance (Appendix D) re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances Deferred from September 7, 2021 6. Ordinances to EXTEND the date for satisfying conditions re: a. Closing one-half of unimproved, unnamed alley adjacent to the rear of 837 South Atlantic Avenue in Croatan b. Closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue November 9, 2021 19 AGENDA REVIEW SESSION ITEM#72169 (Continued) 7. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned: a. Property known as Treasure Canal located at the rear of 2244 Windward Shore Drive re construct and maintain bulkhead, rip rap, timber pier, boat lift and roof structure b. Property located at the rear of 2460 Entrada Drive re construct and maintain timber bulkhead, wharf and boat lift c. Right-of-Way known as Sandfiddler Road adjacent to 2445 Sandfiddler Road re retain 12 wood pile posts(Staff recommendation for denial) 8. Ordinances to ACCEPT and APPROPRIATE: a. $78,004 from the Edward Byrne Justice Assistance Grant (JAG) to the FY2021-22 Police Department and Community Corrections Operating Budgets re law enforcement purposes b. $220,000 from Eastern Virginia Medical School to the FY 2021-22 Parks and Recreation Operating Budget re provide childcare for financially challenged families c. $1,882,004 from the Virginia Department of Emergency Management to the FY2021-22 Emergency Management Operating Budget re flood mitigation assistance at qualifying residential properties 9. Ordinances to TRANSFER: a. $250,000 to Capital Project #100574 "Courts Technology System Sustainment"re replace the Paging System in Court Building b. $150,000 to the Capital Project #100076 "Accela Sustainment" re Accela upgrades K. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2a WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#4a/b/c ITEM#5a/b WILL BE CONSIDERED FOR DEFERRAL TO JANUARY 18, 2022 ITEM#7c WILL BE CONSIDERED SEPARATELY November 9, 2021 20 AGENDA REVIEW SESSION ITEM#72169 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. VIRGINIA 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 October 19, 2021) 2. SCHAFFER CONSTRUCTION/JOE P. COVINGTON, JR., JANET R. COVINGTON, B. HARRISON JAMES,HI,KAREN BONNEY FLEMING& JULIE BONNEY CROCKETT for a Conditional Use Permit re automobile service station at 152 Newtown Road& 5790 Princess Anne Road DISTRICT 2—KEMPSVILLE 3. VIRGINIA BEACH DISTILLING LLC/OCEANA CROSSINGS, LLC for a Conditional Use Permit re craft distillery at 1375 Oceana Boulevard, Unit 142 DISTRICT 6—BEACH 4. SUE W. KENT for a Conditional Use Permit re short term rental at 901 Pacific Avenue, Unit D DISTRICT 6—BEACH 5. PETER YORDANOV POPOV for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit A DISTRICT 6—BEACH L.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY VICE MAYOR WILSON FILED A DISCLOSURE FOR ITEM#2 November 9, 2021 21 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL NOVEMBER 9, 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, November 9, 2021, at 6:00 P.M. Council Members Present: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi—left after the Closed Session due to illness INVOCATION: Council Member Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. November 9, 2021 22 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If,during her review of an agenda,she identifies a matter in which she has a `personal interest",as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. November 9, 2021 23 ITEM— VILE CERTIFICATION ITEM#72170 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: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 �G�„NA BEAC E /� .: ti, 9* 06 J 0' OUP NA"e•S RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#72164 on Page 4 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. Al A 7 da BarneFMC City Clerk November 9, 2021 24 ITEM— VILF MINUTES ITEM#72171 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 19, 2021 Voting: 9-0 Council Members Voting Aye: 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 Abstaining: Vice Mayor Rosemary Wilson Council Members Absent: Michael F. Berlucchi November 9, 2021 25 ITEM— VII.G MAYOR'S PRESENTATION ITEM#72172 RESOLUTION IN RECOGNITION DALE SNODGRASS This presentation has been postponed November 9, 2021 26 ADD ON MAYOR'S PRESENTATION ITEM#72173 PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Mayor Dyer welcomed Chief Emeritus Lee Lockamy — Nansemond Indian Nation and presented the Proclamation declaring November 2021, "Native American Heritage Month" and November 24, 2021, "American Indian Day of Appreciation". Mayor Dyer called upon citizens, government agencies,public and private institutions, businesses and schools in the City to recognize the contributions of the Native Americans to the history and development of the City, State and Nation and to commemorate this month with appropriate activities. Chief Lockamy expressed his appreciation to City Council for their continuous support. November 9, 2021 GAN1A:BF,1?,--et L 7 Ss x,=ti; 91-4. OF OUR NA1�Z03 0 V votramation Whereas: Native Americans have utilized the a6undance of natural resources in 'Virginia and'Virginia Beach for over 15,000 years;and Whereas: The Chesapeake Indian?ri6e resided in village settlements in 'Virginia Beach around the time of the early seventeenth century arrival of permanent English colonists in the region;and Whereas: ,Significant archaeological-sites have been found in 'Virginia (Beach that have uncovered details of the Chesapeake settlements and Whereas: Memhers of the Wansemond Indian Nation were part of the Powhatan paramount chiefdom;and Whereas: The Nansemond moved to other areas when displaced 6y the English from their ancestral lands around the Nansemond Rjver, with some settling in areas formerly occupied by the Chesapeake;and Whereas The NansemondIndian Nation were part of the A rticles of(Peace with ping Charles II in 1677;and Whereas: The government of the VnitedStates of)l menca officially recognized the Wansemond Indian Nation in 2018;and Whereas: Members of the Nansemond Indian Nation continue to 6e vitalmem6ers of the community in'Virginia Beach today;and Whereas: ChiefEmeritus Lee Lockamy is a resident of the City of Virginia Beach;and Whereas Wovem6er was first declared as Native American Ventage;►ionth in the"United-States of.$merica in 1990;and Whereas: The Commonwealth of Virginia has commemorateiWcn'em6eras Native(American_Ventage A4onthi since 1996;and Whereas: The Commonwealth of'Virginia teas recognized the Wednesday immediately preceding Thanksgiving as American Indian (Day ofj`Ippreciation;and Whereas: Native American Ventage Month is an opportunity to recognize andcele6rate the American Indians who call'Virginia (Beach home, whose a6ilities and contributions strengthen our economy, enrich 'Virginia Beach's diverse culture, and invigorate'Virginia Beach's communities. Wow,4Fterefiorr, I, 9p6ert 91.(Dyer, 91ayor of the City of'Virginia Beach, 'Virginia,do hereby proclaim: JVovem6er 2021 Native American .feritage Month I further proclaim .Tlovem6er 24, 2021 American Indian Day of Appreciation In'Virginia Beach, andfurthennore call upon the citizens,government agencies,public and private institutions, businesses andsclools in'Virginia Beach to recognize the contri6utions of NativeAmericans to the history and development of the city,state and nation and to commemorate this month-with appropriate activities. In testimony whereof, I have hereunto set my heandandcaused the Official-Seal ofthe City of'Virginia Beach, 'Virginia, to 6e affixed this 9th day of November, two thousand twenty-one. ' = t , /1 y 1 ) ). °2" .10 (Zgbert 92. "Bobby"(DyerA ., ,,,,, �J S►fayor leers 27 ADD ON MAYOR'S PRESENTATION ITEM#72174 CERTIFICATE OF RECOGNITION ROGER ADAMS COUNTRY MUSIC SINGER& SONGWRITER Mayor Dyer welcomed Roger Adams and presented the Certificate of Recognition, applauding Mr. Adams on his successful career as an award winning country music singer and songwriter. Mayor Dyer expressed he is proud the City is home to Mr. Adams as he is an invaluable asset. Mr.Adams expressed his appreciation to City Council for this recognition and their continuous support. November 9, 2021 Gt At 01 I r 5 At , � 1 A Y � }� N . Z i.114. 7 .11 VU\ ks si 0 City of Virginia Beach Certificate o 1�cog nition f Presented to Wpger Adams Country alum' Singer a riter On behalf of the citizens of Virginia Beach, I extend my heartfelt gratitude to Roger Adams, a Virginia Beach country music singer and songwriter,for his award-winning music that can be heard worldwide. As Mayor of the City of Virginia Beach, I applaud you for being recognized by some of the most prestigious groups in country music. Your second album crowned thirteen awards, including Song of the 'Year and the World Songwriters Award. I am delighted to know that your hometown is Virginia Beach and you come home often after spending time in Nashville Tennessee where you perform showcase writer's rounds, record in your studio, or play with your full'band in Nashville's premier night clubs. Your passion and unselfishness to spread musical joy is commendable and it has not gone unnoticed given the number of awards received in 2021 alone. I offer my sincere thanks, as you are an incredible asset for Virginia Beach. Keep making great music! In Witness Whereof, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affAed this Ninth day of November, Two 'Thousand Twenty-One. .151,tly-.1,..,,f, .7,;,.,.:: >4 .eci4+ .1,:i.y2_,•....i.d. 1 Ir.'‘=- :',:e,.".Y, _I.,,;',' ': j h( f4� Rp6ert M. "Bobby"(Dyer .•,t,L fr .lti Mayor r r,�'v 6Ff, Plh�� 28 ITEM— VILH.1 PUBLIC COMMENTS ITEM#72175 Mayor Dyer DECLARED A PUBLIC COMMENT: ESTABLISH AN INDEPENDENT CITIZEN REVIEW BOARD The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION to appointment process Lindsay Nathaniel, 214 North Budding Avenue, Phone: 449-4983, spoke in SUPPORT Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in SUPPORT Patricia Gadzinski, 2005 Plowshares Court, Phone: 343-4431, spoke in SUPPORT Susan Loesberg, 1177 Starr Way, Phone: 641-3210, spoke in SUPPORT Mike Hashemy, 5009 Ravenswood Road, Phone: 580-0046, spoke in SUPPORT Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in OPPOSITION Jay Boone, Phone: 613-6971, spoke in SUPPORT Brian Belton, 3325 Daytona Drive, Phone: 452-8133, spoke in SUPPORT Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke in SUPPORT Susan Clark, 4388 Turnworth Arch, Phone: 754-0252, spoke in SUPPORT Suzanne Saltisiak, 2429 Hunting Horn Way, Phone: 804-690-1540, spoke in SUPPORT Erica Scafe, 1700 Lady Smith Mews, Phone: 703-819-7032, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT November 9, 2021 29 ITEM— VII.H.2 PUBLIC COMMENTS ITEM#72176 Mayor Dyer DECLARED A PUBLIC COMMENT: ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT November 9, 2021 30 ITEM— VII.L.1 a/b PUBLIC HEARINGS ITEM#72177 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CHARTER AMENDMENTS a. Filling vacancies on City Council b. Membership of Board of Equalization The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 9, 2021 31 ITEM— VII.I.2 PUBLIC HEARINGS ITEM#72178 Mayor Dyer DECLARED a PUBLIC HEARING: CONVEYANCE OF EASEMENT ON CITY PROPERTY 665 Independence Boulevard to Dominion Energy The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 9, 2021 32 ITEM— VII.L3 PUBLIC HEARINGS ITEM#72179 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION,BY AGREEMENT OR CONDEMNATION Installment Purchase Agreement for 31.98 +/-acres at 4469 Charity Neck Road The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 9, 2021 33 ITEM— VLJ FORMAL SESSION AGENDA ITEM#72180 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:2b, 3, 4a/b/c, 5a/b, 6a/b, 7a/b, 8a/b/c and 9a/b and Planning Items L: 3, 4 and 5 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolution K: 2b, 3, 4a/b/c, 5a/b (DEFERRED TO JANUARY 18, 2022), 6a/b, 7a/b, 8a/b/c and 9a/b and Planning Items L:3, 4 and 5 Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi K. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2a WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3 COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#4a/b/c ITEM#5a/b WILL BE CONSIDERED FOR DEFERRAL TO JANUARY 18,2022 ITEM#7c WILL BE CONSIDERED SEPARATELY L. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY VICE MAYOR WILSON FILED A DISCLOSURE FOR ITEM#2 November 9, 2021 34 ITEM— VII.K.1 ORDINANCES/RESOLUTIONS ITEM#72181 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003, spoke in SUPPORT Upon motion by Council Member Holcomb,seconded by Vice Mayor Wilson, City Council ADOPTED,AS AMENDED,Resolution to ADOPT the City's 2022 Legislative Agenda Voting: 9-1 Council Members Voting Aye: 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 Vice Mayor Rosemary Wilson Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING THE CITY'S 2022 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2022 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2022 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2022 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this q t h 31 day of.November , 2021. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Office CA15558 R-1 October 4, 2021 -fa ADOPTED LEGISLATIVE AGENDA GENERAL ASSEMBLY 2022 SESSION NOVEMBER 9 , 2021 '' z, v 5 4.040t) A. y9� 5 0i6 a Up OUR NA��ON CITY OF VIRGINIA BEACH CITY COUNCIL Mayor Robert"Bobby"M. Dyer At Large Vice-Mayor Rosemary A. Wilson At Large Michael Berlucchi Rose Hall Linwood Branch Lynnhaven Barbara M. Henley Princess Anne Norman"Rocky" D. Holcomb Kempsville Louis R. Jones Bayside John D. Moss At Large Aaron R. Rouse At Large Guy K. Tower Beach Sabrina D. Wooten Centerville CITY OF VIRGINIA BEACH GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr. Senate District 6 Senator Jen A. Kiggans Senate District 7 Senator William R. DeSteph, Jr Senate District 8 Senator John A. Cosgrove, Jr Senate District 14 Delegate Kelly K. Convirs-Fowler House District 21 Delegate C.E. "Cliff' Hayes, Jr House District 77 Delegate Barry D. Knight House District 81 Delegate-elect Anne Ferrell Tata House District 82 Delegate-elect Timothy V. Anderson House District 83 Delegate Glenn R. Davis, Jr. House District 84 Delegate-elect Karen S. Greenhalgh House District 85 Delegate Angelia Williams Graves House District 90 Delegate Robert S. Bloxom, Jr. House District 100 TABLE OF CONTENTS CITY OF VIRGINIA BEACH-CITY COUNCIL AND GENERAL ASSEMBLY DELEGATION SECTION 1-AMENDMENT TO THE VIRGINIA BEACH CITY CHARTER 1. EXPAND MEMBERSHIP OF THE BOARD OF EQUALIZATION 4 SPONSORED BYCOUNCILMEMBER JOHN D.MOSS SECTION 2-AMENDMENTS TO THE CODE OF VIRGINIA 2. DECRIMINALIZE THE SHARING OF TAX INFORMATION RELATED TO SHORT TERM RENTALS 6 SPONSORED BY COUNCILMEMBERS LOUIS R.JONES AND GUY K. TOWER 3. EXPAND FOIA EXCLUSIONS FOR NUISANCE-RELATED,CITY CODE COMPLAINANTS 7 SPONSORED BYCOUNCILMEMBER GUY K.TOWER 4. ALLOW LOCALITIES TO IMPOSE PENALTIES TO DETER CONTINUING VIOLATIONS 8 SPONSORED BYCOUNCILMEMBER GUY K. TOWER 5. INCREASE CAP ON CIVIL CASE FILING FEE TO SUPPORT PUBLIC LAW LIBRARIES 9 SPONSORED BY COUNCILMEMBER GUY K TOWER 6. SUPPORT ADDITIONAL VIRTUAL MEETING OPTIONS FOR BOARDS AND COMMISSIONS 10 SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI AND GUY K. TOWER SECTION 3-LEGISLATIVE POLICY STATEMENTS 7. REQUEST GENERAL ASSEMBLY TO FULLY FUND THE STEP-VA PROGRAM 12 SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI,SABRINA D. WOOTEN,GUY K. TOWER AND MAYOR BOBBY DYER 8. RESTORE TRANSPORTATION PROJECT REVENUE-SHARING PROGRAM 13 SPONSORED BYCOUNCILMEMBER JOHN D.MOSS 9. EXPAND ACCESS TO STATE-ADMINISTERED BROADBAND FUNDS 14 SPONSORED BY VICE MAYOR ROSEMARY A. WILSON 10. INCREASE LOCAL AUTHORITY TO SUPPORT URBAN FORESTS AND ENHANCED ENVIRONMENTAL BENEFITS 15 SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI,BARBARA M.HENLEYAND JOHN D.MOSS 11. SUPPORT VULNERABLE POPULATIONS 16 SPONSORED BY COUNCILMEMBER SABRINA D. WOOTEN 11 SECTION 1 "C I 417:-.... if Las �.tl�a�I AMENDMENT TO THE VIRGINIA BEACH CITY CHARTER Fr,1 ADOPTED 4 1. EXPAND MEMBERSHIP OF THE BOARD OF EQUALIZATION SPONSORED BY COUNCILMEMBER JOHN D.MOSS Background: The City Charter establishes the City's Board of Equalization (the "BOE"). The BOE is one of three possible routes of appeal when a taxpayer believes his or her real estate assessment is erroneous. The BOE sits in quasi-judicial capacity hearing such appeals, and any decision of the BOE can be appealed to the circuit court. There are three BOE members who are appointed by the judges of the circuit court. In recent years, the BOE has encountered difficulty assembling all three members for its hearings, so the BOE has requested the circuit court appoint a fourth member as an alternate,which is permitted by existing law. To formalize this fourth member as a full member, the BOE would like the City Charter amended to authorize a fourth member. Request: Amend the City Charter as follows: § 8.07. Annual assessment of real estate. The council may, in lieu of annual, biennial or triennial assessment,reassessment and equalization of the methods prescribed by general law, provide by ordinance for the assessments of real estate for local taxation and to that end may appoint one or more persons as assessors to assess or reassess for taxation the real estate within the city. Such assessors shall make assessments and reassessments on the same basis as real estate is required to be assessed under the provisions of general law and as of the first day of July of each year in which such assessment, reassessment and equalization of assessments is made, shall have the same authority as the assessors appointed under the provisions of general law and shall be charged with duties similar to those thereby imposed upon such assessors.The judges of the circuit court shall annually appoint a board of equalization of real estate assessments to be composed ofee four members who shall be freeholders of the city. Such board of equalization shall have and may exercise the powers to revise,correct and amend any assessment of real estate and to that end shall have all powers conferred upon boards of equalization by general law. The provisions of general law notwithstanding, the board of equalization may adopt any regulations providing for the oral presentation,with formal petitions or other pleadings of requests for review,and looking to the further facilitation and simplification of proceeding before the board. This section shall not apply to assessment of any real estate assessable by the State Corporation Commission. C\."� , ADOPTED 15 SECTION 2 fPier `si...Y7 iik\ �„' «.«,"Az7.0 AMENDMENTS TO THE VIRGINIA CODE itiC-I 2 E- ' ADOPTED 16 2. DECRIMINALIZE THE SHARING OF TAX INFORMATION RELATED TO SHORT TERM RENTALS SPONSORED BY COUNCILMEMBERS LOUIS R.JONES AND GUY K.TOWER Background: Many Virginia localities have seen a proliferation of short term rentals in the past five years. For residential districts, short term rentals take on the character of other transient accommodations. These short term rentals have the potential to create conflicts with the residential character of the neighborhoods. The General Assembly enacted legislation to create a registry of short term rental properties. See Va. Code §15.2-983. The registry statute has limitations where registration is not required when: (i) The owner is represented by a licensed real estate agent; (ii) The property is registered pursuant to the Virginia Real Estate Time-Share Act; (iii) The property is licensed or registered with the Department of Health related to the provision of room or space for lodging; or (iv) The property is managed by a rental or real estate management company, including real estate professionals, hotels, motels, campgrounds, and bed and breakfast establishments. The limitations upon registration inhibits the ability of a locality to use the short term registration statute to have a full inventory of properties in the locality that are utilized as short term rentals. Often,the local tax assessment official has information regarding the clients of licensed real estate agents and property management companies through the audit of business license records. If the records have been obtained in tax assessment audits, the records will be protected as confidential tax information, pursuant to Va. Code § 58.1-3, and the sharing of such information by the tax assessment official may subject such officer to possible criminal liability as a class one misdemeanor. Request: Amend Va. Code §15.2-983 to include the following subsection or adopt an alternate remedy that would achieve the same result. E. Notwithstanding§58.1-3, a local tax assessment official may share confidential tax information with the local planning or zoning department and the local governing body provided such information is limited to the identification of properties that offer short term rentals. , iyr ` ADOPTED 17 3. EXPAND FOIA EXCLUSIONS FOR NUISANCE-RELATED, CITY CODE COMPLAINANTS SPONSORED BY COUNCILMEMBER GUY K.TOWER Background: The Virginia Freedom of Information Act(FOIA)currently allows localities to withhold the names, street addresses and telephone numbers (but not e-mail addresses) of complainants for potential building, fire, and zoning violations. However,there is no FOIA exemption that allows localities to withhold any identifying information for complainants of nuisance-related, city code violations (e.g., overgrown grass and weeds, accumulation of trash and junk, inoperable vehicles, etc.) Request: Amend Va. Code §2.2-3705.3 as proposed below or adopt an alternate remedy that would achieve the same result. §2.2-3705.3. Exclusions to application of chapter; records relating to administrative investigations 8. The names, property and e-mail addresses, and telephone numbers of complainants furnished in confidence to a local governing body with respect to an investigation of(i)air 1 zoning enforcement complaints, (ii) Uniform Statewide Building Code complaints (§ 36-97 et seq.); (iii) erne Statewide Fire Prevention Code complaints (§ 27-94 et seq.), (iv) local code complaints pertaining to public health and safety; nuisances ($ 15.2-900, ,$ 15.2-901, 15.2-904, & 15.2-906, & 15.2-907, $ 15.2-908, & 15.2-921, or & 15.2-921), and (v) local code complaints pertaining to waste and recycling (& 15.2-927 et seq.). T�.* ADOPTED 1 8 4. ALLOW LOCALITIES TO IMPOSE PENALTIES TO DETER CONTINUING VIOLATIONS SPONSORED BY COUNCILMEMBER GUY K.TOWER Background: The City of Virginia Beach Resort Area plays an important part in the tourism initiatives of the city, region, and state. Realizing that there are issues unique to this area,the City Council established the Resort Advisory Commission(RAC). The general purpose of the Commission is to review and make recommendations to City Council regarding projects and issues associated with the Resort Strategic Growth Area, and such other resort and/or tourism-related projects and issues as the Council may refer to the Commission. The Commission's goal is to support the City Council's efforts to realize its vision of Virginia Beach as a quality resort destination. The RAC has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However,the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket,with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety-related offenses and violations during the pendency of a court hearing or other final disposition. er,,,,z.._.„,,,,, 1 1 ,, . — , ' ADOPTED 1 9 5. INCREASE CAP ON CIVIL CASE FILING FEE TO SUPPORT PUBLIC LAW LIBRARIES SPONSORED BY COUNCILMEMBER GUY K.TOWER Background: The City's Wahab Public Law Library(WPLL)is located within the Virginia Beach Judicial Center on the ground floor of the Courthouse building. WPLL ensures free access to information about the law, facilitating reference and research for the public, including self-represented individuals, law professionals, government agency employees, and students. WPLL is managed by the Department of Public Libraries; however,operational funding, including that for personnel, is derived not from the City's General Fund but from civil cases filed in the Virginia Beach General District and Circuit Courts. Under current law, the maximum allowable filing fee is $4.00, and the City's fee is at the maximum. While 100% of the fees are remitted to WPLL, the Circuit Court Clerk takes 5% out of each of its $4.00 filing fee as a commission, as provided for in Code of Virginia §17.1-289, with WPLL receiving a total $3.80 per each $4.00 filing fee. This legislation would raise the maximum civil filing fee directed to Law Libraries across Virginia from $4 to $7. The maximum assessment has been frozen since 1988, while the costs of library resources and technology have increased dramatically. An increase would allow for additional funding for Virginia Beach's own Wahab Public Law Library,as determined by City Council. This legislation simply lifts the ceiling. It does not mandate the level of funding, which remains local option. By raising the maximum, a municipality or county can increase law library funding gradually to allow for increased costs of resources,including adequate staffing,technology,targeted library outreach, and updated and expanded collections to better serve their customers. Request: Amend Code of Virginia §42.1-70 as proposed below or adopt an alternate remedy that would achieve the same result. §42.1-70 Assessment for Law Library as Part of Costs in Civil Actions; Contributions from Bar Associations. Any county, city or town may, through its governing body, assess, as part of the costs incident to each civil action filed in the courts located within its boundaries, a sum not in excess of feu-seven dollars. ADOPTED 10 6. SUPPORT VIRTUAL MEETING OPTIONS FOR BOARDS AND COMMISSIONS SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI AND GUY K.TOWER Background: Currently the Virginia Code requires that absent a declared state of emergency, a quorum of the members of an advisory board must be assembled in-person in order to conduct business. As a result of the COVID-19 pandemic and the state of emergency declared by Governor Northam,the General Assembly authorized the option for public bodies to meet virtually to facilitate conducting public business. This provided many of the city's boards and commissions the ability to continue conducting business as usual. The option to meet virtually ceased with the termination of the state of emergency. This request has been made by the members and leadership of the Community Policy and Management Team, Human Rights Commission, Social Services Advisory Board, Community Services Board,and the Library Board. These boards and commissions report that virtual meetings resulted in higher and more consistent attendance, eliminated barriers, and made for more diverse and collective voices in discussion of issues and solutions to help the community. Request: Amend Va. Code §2.2-3708.2 to allow a locality to adopt an ordinance authorizing its advisory boards and commissions to meet virtually to conduct business without a quorum being physically present. *This matter is currently being studied by the Virginia FOIA Council. The City Council supports legislation variations proposed by the Council that will achieve the result requested above. e.,:ct,,,,,4f ADOPTED 111 SECTION 3 r�1f fc-1\g ii:.) , .> Avz. 4 VV LEGISLATIVE POLICY STATEMENTS ADOPTED 112 7. REQUEST GENERAL ASSEMBLY TO FULLY FUND THE STEP-VA PROGRAM SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI,SABRINA D.WOOTEN, GUY K.TOWER AND MAYOR BOBBY DYER Background: Funding for mental health treatment in Virginia is insufficient to meet the needs of individuals in the communities where they live. When individuals cannot access mental health care where they need it, when they need it, situations escalate quickly and are more apt to spiral out of control, necessitating hospitalization, incarceration, homelessness and even suicide. Mental Health America in its 2021 State of Mental Health Report, ranked Virginia 41' in the nation in access to trained mental health professionals. Seventy-five (75%) of state mental health funds goes to maintaining the nine state mental hospitals, while in most states the majority of funds go to community health services. Full funding for STEP-VA will increase access, quality, consistency, and accountability in the public mental health system,ensuring that individuals with mental health disorders will have access to care in their home communities where they have family and friends to support rehabilitation efforts. The availability of treatment in a person's home community helps to prevent crises before they spiral,decreasing emergency room visits,hospitalizations, incarcerations,and suicides. Request: The City Council requests full funding for STEP-VA to include the last three "steps" which have not yet been funded: Targeted Case Management, Psychiatric Rehabilitation and Care Coordination; also, to include other steps which have not been fully funded: Crisis Services, Veterans/Military Services and Peer Support and Family Services. E, ADOPTED 113 8. RESTORE TRANSPORTATION PROJECT REVENUE-SHARING PROGRAM SPONSORED BY COUNCILMEMBER JOHN D.MOSS Background: The Revenue Sharing Program (the "Program") is administered by the Department of Transportation, in cooperation with the participating localities, under the authority of§33.2-357 of the Code of Virginia and the Commonwealth Transportation Board's Revenue Sharing Program Policy. City funds are matched, dollar for dollar, with state funds. Historically the Program allocated awarded funding to the current year to provide localities with additional funding for immediately needed priority transportation projects or to supplement funding for existing projects. In 2020 and 2021,the Commonwealth Transportation Board delayed the funding allocations due to state revenue shortages associated with the COVID-19 pandemic. The actions taken have resulted in a delay of funding 4-5 years after the award, which has hindered localities' ability to utilize the funding on immediate and critical needs. As transportation funds continue to be reduced, the immediate allocation of State Revenue Sharing funds becomes even more important to localities to cover cost increases on projects moving to construction in the short term as well as unexpected transportation issues requiring an immediate solution. Request: The City Council requests that the General Assembly provide the Commonwealth Transportation Board with the authority to, notwithstanding the limitations set forth within Virginia Code §33.2- 357(D), temporarily increase the maximum amount allocated for the Revenue Sharing Program in a fiscal year for the purpose of bringing this program back to its original state. The City Council may support an alternate remedy that would achieve the same result. 2'•T� ADOPTED I14 9. EXPAND ACCESS TO STATE-ADMINISTERED BROADBAND FUNDS SPONSORED BY VICE MAYOR ROSEMARY A.WILSON Background: The Virginia Telecommunications Initiative (VATI) is the Commonwealth's broadband program. It was started in 2017 to fund public-private partnerships to extend broadband service to areas unserved by an internet service provider. Since its inception, VATI has been administered by the Department of Housing and Community Development(DHCD). The program started out with an allocation of$4 million per year, and 660,000 Virginians that lacked internet. Since then, over $124 million in grants have been awarded,and according to the Governor's office the digital divide has been reduced by 65 percent. The work of the state's Broadband Advisory Council, the Governor's Broadband Office,the DHCD and the VATI staff has been very successful in its stated goal of achieving universal broadband throughout the Commonwealth. When the COVID-19 pandemic hit, there became an immediate exponential need for high-speed broadband connectivity to support at-home workers,virtual learning for students, doctor visits via telehealth appointments and more. This need went beyond the original intent of VATI in making and internet connection available to the unserved and underserved in Virginia. The federal government quickly saw fit to make broadband connectivity a priority in the nation, and through the American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds, over $700,000,000 became available for the state to distribute. The Commonwealth decided that these funds would also be administered through the VATI program, even though the federal guidelines for use of the funds do not match the very stringent VATI regulations. As a result, many projects that are aimed to produce generational investments in broadband infrastructure throughout the Commonwealth will be left out. Case in point,the regional ring among the cities of Virginia Beach, Norfolk, Chesapeake, Suffolk, and Portsmouth cannot access these funds even though the federal guidelines would allow it. Furthermore, additional future federal funding would be similarly restricted if no changes were made the VATI program, impeding equity and frustrating the purpose of the federal funding. Request: Adjust the criteria of the VATI program to reflect the provisions established by the U.S.Department of the Treasury's rules and regulations established under the American Rescue Plan Act; or alternatively,keep the VATI program to administer funds in accordance with its original purpose, and create a new broadband program to administer federal funds in accordance with the regulations set out by the U.S. Treasury. to 6[t1 Nt.; ADOPTED I15 10. INCREASE LOCAL AUTHORITY TO SUPPORT URBAN FORESTS AND ENHANCED ENVIRONMENTAL BENEFITS SPONSORED BY COUNCILMEMBERS MICHAEL BERLUCCHI, JOHN D.MOSS AND BARBARA M.HENLEY Background: During the 2021 General Assembly session, Virginia legislators passed SB1393 (Marsden) / HB2042(Guy)with a re-enactment clause and amended the bill to create a stakeholder group tasked with providing a way forward to grant additional authority to local governments to protect and expand their tree canopy. Virginia has lost 189,508 acres of forest between 2014 and 2018, or 47,377 acres per year. Of the forest lost, 19,890 aces went to development (about 10.5%). This loss has far reaching consequences for Virginians, including an increase in urban neighborhood temperatures, loss of the ability to intercept millions of gallons of stormwater as well as street-level particulates, and many more. Request: The City Council supports legislation that provides local governments with greater authority in the reforestation, preservation, and management of urban forests in recognition of their ability to capture and store carbon, reduce stormwater runoff, improve air quality, reduce energy use, and mitigate urban heat islands and their health effects. In addition, the Council supports appropriating $50M to the Department of Forestry's Urban and Community Forestry Program to enable local governments to expand and better maintain the urban tree canopy. In addition, the Council specifically supports the reenactment of Virginia Acts of Assembly — 2021 Special Session I, Chapter 89, An Act to amend and reenact 015.2-961 and 15.2-961.1 of the Code of Virginia, relating to replacement and conservation of trees during development. • • ADOPTED 16 11. SUPPORT VULNERABLE POPULATIONS SPONSORED BY COUNCILMEMBER SABRINA D.WOOTEN Background: The COVID-19 pandemic has had an enormous detrimental effect on the various vulnerable populations in Virginia. Social vulnerabilities like poverty, lack of language access, a history of racial disenfranchisement and lack of access to housing put people at an increased disadvantage to crises like the COVID-19 pandemic. Additional vulnerable populations that have been impacted include mothers and children,prisoners,older adults,and persons with disabilities. The changes in society due to social distancing measures have showcased inequities in access to decent work and experiences of discrimination resulting in many of the vulnerable populations in the United States experiencing a much harsher impact on economic and work-related factors. The Commonwealth and the City of Virginia Beach have not escaped the impact that the pandemic has had on our most vulnerable populations. Request: The City Council encourages the General Assembly to identify ways in which the Commonwealth can address the needs of its vulnerable populations, and supports legislation, funding of budget items and policy changes that address these issues and aid in the reduction of homelessness,human trafficking,the improvement and enhancement of support services for low-income households,and supportive mental health measures in local communities. V " ' +- _%Ai' z :' '- t�...3r;.#t . ,,--�---.c.. -5= r :s -sss .4•.m - , M INa R r *.�,` t _ r ro raS ', om :- E ;--t Glj.1IA;BAc Office of the City Manager �`4 ,. i,�,`5'.L Debra M. Bryan, Esq. Municipal Center— Bldg 1 0`` f Legislative Affairs Liaison 2401 Courthouse Drive _H r It�� Office: (757) 385 4242 Virginia Beach, VA 23456 v � Cell: (757) 375 6630 ; dbryan@vbgov.com Z�9 . 4C' ,9ts 5e Op OUR MAt1ON 35 ITEM— VII.K.2a ORDINANCES/RESOLUTIONS ITEM#72182 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Moss,seconded by Council Member Tower, City Council DID NOT INCLUDE IN THE LEGISLATIVE AGENDA,Resolution to REQUEST the General Assembly AMEND the City Charter re: a. Process for filling vacancies in the Office of City Council and Mayor (Requested by Council Members Moss, Rouse and Tower) Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 36 ITEM— VII.K.2b ORDINANCES/RESOLUTIONS ITEM#72183 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the General Assembly AMEND the City Charter re: b. Expand the membership Board of Equalization (Requested by Council Member Moss) Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO EXPAND THE 3 MEMBERSHIP OF THE BOARD OF EQUALIZATION 4 5 WHEREAS, the City Council held a public hearing at its November 9, 2021 meeting 6 to receive input from the residents regarding a proposed amendment to the City Charter; 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA, THAT: 10 11 The City Council hereby requests the General Assembly amend § 8.07 of the City 12 Charter to expand the membership of the Board of Equalization from its present 13 membership of 3 to 4. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 t h day of November , 2021. APPROVED AS TO LEGAL SUFFICIENCY: ey's Office CA15574 R-1 October 28, 2021 37 ITEM— VII.K.3 ORDINANCES/RESOLUTIONS ITEM#72184 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the Dedication of a 2,218 square feet (0.05 acres) Utility Easement to Dominion Energy re serve HRSD Facilities on City-owned property at 665 Independence Boulevard Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: Michael F. Berlucchi November 9, 2021 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 2,218 SQ. FT. (0.05 ACRE) UTILITY 3 EASEMENT TO DOMINION ENERGY VIRGINIA TO 4 SERVE HRSD FACILITIES OVER CITY-OWNED 5 PROPERTY LOCATED AT 665 INDEPENDENCE 6 BOULEVARD (GPIN: 1478-51-1092) 7 8 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 9 located at 665 Independence Boulevard (the "Property"); 10 11 WHEREAS, Hampton Roads Sanitation District ("HRSD") has requested 12 that the City dedicate to Dominion Energy Virginia, a/k/a Virginia Electric and 13 Power Company ("Dominion"), a 2,218 sq. ft. utility easement over a portion of the 14 Property, as shown on Exhibit A attached hereto (the "Easement"); and 15 16 WHEREAS, the Easement would allow Dominion to install and maintain 17 underground cable, which would provide service to new HRSD valve control 18 facilities being installed in the City right-of-way. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute any documents 24 necessary to dedicate a utility easement to Dominion over the Property, as shown 25 on the plat attached hereto as Exhibit A, and made a part hereof, and such other 26 terms, conditions and modifications as may be acceptable to the City Manager and 27 in a form deemed satisfactory by the City Attorney. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th 30 day ofNnvpmhpr , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY • eTtA City A me blfc Work , Real Estate CA15415 R-1 October 25, 2021 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d021\p042\00759552.docx I A NExhibitA CQ. * BO Q'P��e1�,\,/ \\\ �'Lit�/ \ tP E PAN 98 9913 A�Hp,RN1tEM. • � Nj��BO 34%- O� S V1RG\NTAZQNE.NAO >.Q,...„,_4,'6 - / ri,\.9< -11.�L7 / •6 \ O VO Si0 / .�.w / 'q,'44* ;7e 1 • \O/1 ti PARCEL H-1 SITE / *, q 9p '-'" S0 \ 3 0 NOW OR FORMERLY C,oY�B; 1, ''P�•Qp, ,ti N° S '' INDEPENDENCE ACQUISITION, LLC 'ER ,OR, i Nf't9'µ'RD A/ �A,7, • \ 0 I.N.20130719000850370 INROAD �,›BA*�7 � \ T/O N M.B. 114,P.4 (50' R/W) '�7��"�''�q 6J N. tB,./ GPIN: 1478-40-6928 HINSDALE ST _ (M.B. 58, P. 16) �`9S �� N N T,y �•f.E,WNE C ' 1\9� \�� ?stg• STD .- ' y4,'�Sts PROPOSED 10' DOMINION 2T�� RESIDUAL OF LOT 19 \ NRONA BEACH BL10 SS 4 ENERGY EASEMENT .L7 N LOCATION MAP SCALE: 1" = 3000' 4N TO AREA=36,568 S.F.OR 0.88540 AC.,�,� AREA 2,218 S.F. OR 0.05092 AC. 'i. � �� 9 PROPERLY OF N to G> -� 4' �'` CITY OF VIRGINIA BEACH N =v4' ; / PARCEL 4 •t,�.'S2• D.B.3109,P. 136 N PROPERTY OF \ S \ g'�?g., J`6 M.B.58,P. 16 N O�Q / CITY OF VIRGINIA BEACH Y 20 1 S� �a,.n's, F d I.N.202107000075-PLAT N „4 D.B.3443,P. 299 (\ 7 •,� S. GPIN: 1478-51-1092 N ,0' D.B.2473,P. 660(PLAT) ?y ••34��.� ,{4., 3'4 • • 2`{S• N / M.B. 130,P.53 PROPERTY OF y' 7 ��, S'LO�.j1 N 75'55'25"W GPIN: 1478-51-2567 CITY OF VIRGINIA BEACH 77 `(ij ' * N S 78'52'36"E D.8.3106,P.84 •�• �� 13.00' M.B.58,P. 16 # 4 �., S 14104'35" W 241.06' \` 4.74' GPIN: 1478-50-1756 S, Q.1. "' N 7555'25"W �4‘ N1404'35E 88.74' ; -,.,C'9' 407.98'TO . Ad Inr In PEMBROKE LAKE CIRCLE n 6.6T \ ♦ 92.24', X. - n S 14'04'35"W 124.60' 388.63'TO HESSIAN ROAD N 3,480,864.4783 N 3,480,985.3368 E 12,175,184.4696 E 12,175,214.7742 INDEPENDENCE BOULEVARD CURVE DATA CHART (VARIABLE WIDTH R/W) NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH (M.B. 58, P. 16) (M.B. 221, P. 22) (I.N. 202107000075 - PLAT) (STATE PROJECT NO. 0225-134-101, C501) C1 26.19' 50.00' 30'00'27" 13.40' N 2215'37"W 25.89' C2 10.07' 50.00' 1112'13" 5.05' N 31'29'44"W 10.05' LEGEND C3 16.12' 50.00' 18'28'14" 6.13' N 16'29'30"W 16.05' NOTES: -p��p-1 DENOTES PROPOSED 10'DOMINION 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE C►�� ENERGY EASEMENT PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). .-�-:4 AREA-2,2/8 S.F. 0R 0.05092 AC. COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA PLAT SHOWING BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS PROPOSED DOMINION ENERGY COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. DOMINION ENERGY VIRGINIA, EASEMENT 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. EASEMENT RIGHT-OF-WAY DATA 4. THIS PUT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT _ TO BE ACQUIRED FROM CONSTITUTE A SUBDIVISION OF LAND. R/W PLAT: 25-21-0058 CITY OF VIRGINIA BEACH 5. EASEMENT TO BE ACQUIRED BY DEED. WORK REQUEST.. #10461400 GRID: N0817 UTILITY EASEMENT FOR 10'UNDERGROUND ELECTRIC I DEPARTMENT OF PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU �PyTH pp TEL(757)385-4131:2473 N.LANDING ROAD;BLDG.23;ROOM 160 {,11 VIRGINIA BEACH,VIRGINIA 23456 o po 55 ' BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE , L' 426 Y BOUNDARY, STREETS OR OTHER UNES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE Q" NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. _f�_ j� p 0 3I 60• CITY OF VIRGINIA BEACH SURN APPROVED: DATE: DIRECTOR OF PUBLIC WORKS,CITY OF VIRGINIA BEACH GRAPHIC SCALE 1"=30' OCFOBER 1,2021 DRAWN BY:DWI/ JOB N210113 ESMT 0.1.1IA.•BFac O� r "PO z City of Virginia. Beach U 2 5 G'ig9�s G` °F OUR No0 VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE November 9, 2021 JDMOSS@VBGOVCOM In Reply Refer to 0073390 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding an ordinance authorizing the dedication of a 2,218 square feet utility easement to Dominion Energy Virginia to serve HRSD facilities over City-owned property located at 665 Independence Boulevard. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond,Virginia 23219. 3. I hereby disclose this interest, and I will abstain from the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. ( ' cere ( . os i if Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 38 ITEM— VII.K.4a/b/c ORDINANCES/RESOLUTIONS ITEM#72185 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Melvin H.Eaton,II(31.98+/-acres) b. Issuance by the City of its contract obligation in the maximum principal amount of$238,784 c. TRANSFER funds to purchase U.S. Treasury Strips Voting: 9-1 Council Members Voting Aye: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Michael F. Berlucchi November 9, 2021 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MELVIN H. EATON, II (31.98+/- 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM 6 PRINCIPAL AMOUNT OF $238,784, 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 $238,784; 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 1.732% 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 3.732% 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 $145,074 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 q t-h day of 72 November , 2021. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FOND • LG1Gi Q. q Director of inance City Attorney's Office CA15414 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d001\p035\00755186.doc R-1 October 28, 2021 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2021-162 SUMMARY OF TERMS SELLER: Melvin H. Eaton, II PROPERTY LOCATION:4469 Charity Neck Road GPIN: 2410-46-9904 PURCHASE PRICE: $238,784 EASEMENT AREA: 31.98 acres,more or less DEVELOPMENT POTENTIAL: 3 single-family building sites. 1 building site must be reserved by Seller. No additional building sites reserved DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 1.732%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 3.732%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. 411lMllijilirIIIIIIIIIMMIMIIIbr , ,,. __,: NIIIIIIIIIIIMIIIMmmmmiy 1/'' .f Ppoa �,a r , I. - .a N �qu• p4J it u CC 0 O) � rB On0 13 cr � CU O e1 4! M . %s N O x u 0. Q 1' i' j* ' . . . . im. : ..., if' .4 111 .-..seur"----,">) &---.7_ -____:_z______ .,-,...„....-- i mawarseleg,4 O al _l ..mot. c - - -; siminumemiliMMIM ' • x CD t #:. j.'.Y sue__- ''' a-... r-. L k; {�SI 4! w.t. r CZ ".,,,..,,.,;_„.,,,.A,,......-.„-_-,„.",.:--.-.I-P,,,r,.I,,,_.,V.„';-,••. ,.,-zR,,-.-.i..,--t-Ip-.,,,.., ...-.:.-,-,.,,,,ti,,,,.4,.t.. ly Y .� � . _'-�►-\.t'a '-,. ...qk+ir fir ;-Y r�wr�.� ' X •` � -f 0. AI ^'..- ♦ y-3 .m.Ssa` - ., r- is v E 39 ITEM— VILK.5a ORDINANCES/RESOLUTIONS ITEM#72186 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council DEFERRED TO JANUARY 18, 2022,BY CONSENT, Ordinance to AMEND: a. Section 1.3 and 1-30 of the Stormwater Management Ordinance(Appendix D) re Stormwater Appeals Board Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 40 ITEM— VII.K.5b ORDINANCES/RESOLUTIONS ITEM#72187 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council DEFERRED TO JANUARY 18,2022,BY CONSENT, Ordinance to AMEND: b. Section 1.2 of the Public Works Design Standards Manual re variances Deferred from September 7, 2021 Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 41 ITEM— VILK.6a ORDINANCES/RESOLUTIONS ITEM#72188 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND: a. Closing one-half of unimproved, unnamed alley adjacent to the rear of 837 South Atlantic Avenue in Croatan Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY ADJACENT 5 TO THE REAR OF 837 S. ATLANTIC AVENUE 6 IN CROATAN 7 8 WHEREAS, on November 17, 2020, the Council of the City of Virginia Beach 9 acted upon the application of Jon S. Hess and Deana M. Hess (the "Applicants") for the 10 closure of approximately 375 sq. ft. of an unimproved, unnamed alley adjacent to the 11 rear of their property located at 837 S. Atlantic Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3646Q) to close 14 discontinue, and vacate the aforesaid portion of right-of-way, subject to certain 15 conditions being met on or before November 16, 2021 ; and 16 17 WHEREAS, on September 24, 2021, the Applicants requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on November 17, 2020 (ORD-3646Q), upon application of Jon S. and Deana 25 M. Hess, is extended to November 16, 2022. 26 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day 29 of November , 2021. 30 31 No GPIN assigned (Right-of-Way) 32 Adjacent to GPIN: 2426-37-9833 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tuiti-41 ,0,,,, Planning Depart(nent City Attorney CA15410 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d008\p046\00756659.doc R-1 October 28, 2021 42 ITEM— VILK.6b ORDINANCES/RESOLUTIONS ITEM#72189 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND: b. Closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING LAKE AVENUE, 4 OAK STREET, AND PORTIONS OF LOCUST 5 CRESCENT AND ELLIS AVENUE 6 7 WHEREAS, on November 27, 2012, City Council acted upon the 8 application of the City of Virginia Beach (the "Applicant") for the closure of Lake Avenue, 9 Oak Street, and portions of Locust Crescent and Ellis Avenue; 10 11 WHEREAS, on November 27, 2012, City Council adopted an Ordinance 12 (ORD-3262M) to close the aforesaid rights-of-way, subject to certain conditions being 13 met on or before November 26, 2013; 14 15 WHEREAS, City Council extended the time to meet the conditions by 16 Ordinances ORD-3308B, ORD-3382C, ORD-3520U, and ORD-3605B, with the last 17 extending the date to meet conditions to on or before November 26, 2021; 18 19 WHEREAS, the resubdivision plat (a condition of the street closure) could 20 not be finalized until completion of a lengthy process involving the National Park Service 21 to transfer an easement, which has now been concluded; and 22 23 WHEREAS, on September 17, 2021, the Applicant requested an 24 additional one (1) year to satisfy the conditions of the aforesaid street closure action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 27 Virginia Beach, Virginia: 28 29 That the date for meeting conditions of closure as stated in the Ordinance 30 adopted on November 27, 2012 (ORD-3262M), upon application of the City of Virginia 31 Beach, is extended to November 26, 2022. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 34 9th day of November , 20 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney J Planning Dep ment CA15416 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d021\p042\00759505.doc R-1 October 28, 2021 43 ITEM— VII.K.7a ORDINANCES/RESOLUTIONS ITEM#72190 Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned: a. property known as Treasure Canal located at the rear of 2224 Windward Shore Drive re construct and maintain bulkhead, rip rap, timber pier, boat lift and roof structure Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 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 2244 WINDWARD SHORE DRIVE 9 10 WHEREAS, David H. Darrow and Beth B. Darrow (the "Darrows") have 11 requested permission to construct and maintain a 47' bulkhead and 91' rip rap revetment, 12 and maintain a 33.4' x 12' timber pier and 22.6' x 15.8' boat lift and roof structure (the 13 "Encroachments")within the City's property known as Treasure Canal, located at the rear of 14 their property at 2244 Windward Shore Drive (GPIN: 2409-09-7055); 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 Darrows, 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 — FOR PROPOSED BULKHEAD AND RIP RAP, AND EXISTING 29 PIER AND BOAT LIFT FOR DAVID & BETH DARROW LOT 55, PLAT: TREASURE 30 CANAL, CITY OF VIRGINIA BEACH, M.B. 45, P. 37, 37A," having a Scale of 1" = 30', 31 dated August 12, 2021 , and prepared by Calvert Marine, a copy of which is attached hereto 32 as Exhibit A, and on file in the Department of Public Works and to which reference is made 33 for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 36 to those terms, conditions and criteria contained in the agreement between the City of 37 Virginia Beach and the Darrows (the "Agreement"), an unexecuted copy of which has been 38 presented to the Council in its agenda, and will be recorded among the records of the 39 Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Darrows and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th 49 day of November , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: L � Q.� J P BLIC WORK , REAL ESTATE DAN ARMEYER SENIO CITY ATTORNEY CA15389 R-1 Prepared: 10/4/2021 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d030\p036\00754839.doc Exhibit A - For Proposed Bulkhead and Rip Rap, and Existing Pier and � W;ll;am Stefanie Edgar Boat Lift 2248 Windward Shore Drive For David & Beth Darrow LOT 54, M.B. 45 MB PG. 37A LOT 55, GPIN: 2409-09-5081 PLAT: Treasure Canal, City of Virginia Beach, M.B. 45, P. 37, OURVIVORS TRUST C/U ALBERT AND 37A GRETCHEN FISHER JOINT REVOCABLE TRUST Date Completed: 8/12/21 2240 Windward Shore Drive 30' 0' 30' 60' LOT 56, M.B. 45 PG. 37 GPIN: 2409-09-8146 GRAPHIC SCALE 1" = 30'-0" CITY OF VIRGINIA BEACH kr TREASURE CANAL °, �`,v\I.Ili o i Map Book 45, Page 37 and 37A �� k. NEW RIP RAP (9'.0'W.) w REVETMENT 91 LF NEW BULKHEAD 08/12/2021 • EXISTING ROOF STRUCTURE 47 LF MHW MHW N WALTER T. McKENNA II 22.6'x 15.8' in I. EXISTING TIMBER PIER 6. MLW tk3 r �, M o ,, Lic. No. 042866 4., 33.4'x 12.0' 1- 5 8 ,,# ., ' � " o00 rn Ify - 71 EXISTING BOAT LIFT 1i1 ; SsioNALc,' 1�k - �,%= ti, bp, `EXISTING 5.34• ~-1 '• Ip c .\° p,. FL RIP RAP 20._ — �'L� �_� . '� `o 4sr,� = .== -- 93 55 � � w/ ----_ 0 �� , / BEVEL RIP RAP SILT FENCE O i// AT EASEMENT ' I h // / EXISTING B I-fEAD N /// 1\111\U\ / li EXISTING 24" • N' �/ g. STORM DRAIN DAVID / BETH DARROW x moo'` t/ �A//I Y Instrument No. -) / y�F 2 2 4 4 200509020140924 w a�a Qom• ^./ / u GPIN: 2409-09-7055 N �i h / // a LOT 55 ,6/ in ' ��/•• • Lc) ig," (5/ a Stan d a ................... ft O \• c/ iilj o� 7800,=/ / a� 4 R :Th411 .44' Windward Shore Drive --7� _ _ A = 1 50FTR/WCALVERT AGENT - 3132 RIVEREDGE DR , PORTSMOUTH, VA 23703 MARINE 757.777.6960 Rich@CalvertMarine.net PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 202 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID H. DARROW AND BETH B. DARROW, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "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 "55"; as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', prepared by Frank D. Tarrall, Jr. and Associates, which 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 being further designated, known, and described as 2244 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 47' bulkhead and 91' rip rap revetment, and maintain a 33.4' x 12' timber pier and 22.6' x 15.8' boat lift and roof structure, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409.09-7055 (2244 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as 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 — FOR PROPOSED BULKHEAD AND RIP RAP, AND EXISTING PIER AND BOAT LIFT FOR DAVID & BETH DARROW LOT55, PLAT: TREASURE CANAL, CITY OF VIRGINIA BEACH, M.B. 45, P. 37, 37A," having a Scale of 1" = 30', dated August 12, 2021, and prepared by Calvert Marine, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 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 or encroachments to be removed referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, 3 with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David H. Darrow and Beth B. Darrow, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that 4 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 , 202 , 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 202_, 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 GRANTEE: David H. Darrow Beth B. Darrow STATE OF Z '� �� CITY/COUNTY OF Vi rgiii G< S efi- Ato-wit: The foregoing instrument was acknowledged before me this c O day of }, 202 1 , by David H. Darrow and Beth B. Darro LIAi 011 '��P SEAL) • a 'u• 41111.1..".- Notary Registration Number: �� 70/2_.. . LORENDA CARSON STRICKLAND �/c#6,Q NOTARY PUBLIC My Commission Expires: COMMONWEALTH AUG.OF IA MY COMMISSION EXPIRESES AUG.31,2023 COMMISSION#7645612 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ‘ i 4— CP J SI r NATURE —_./--- DAN . ARMEYER SENIOR CITY ATTORNEY PUBLIC WORKS/REAL ESTATE 7 Exhibit A - For Proposed Bulkhead and Rip Rap, and Existing Pier and O illiam R Stefanie Edgar Boat Lift 2248 Windward Shore Drive For David & Beth Darrow LOT 54, M.B. 45 MB PG. 37A LOT 55, GPIN: 2409-09-5081 PLAT: Treasure Canal, City of Virginia Beach, M.B. 45, P. 37, OURVIvORS TRUST C/U ALBERT AND 37A GRETCHEN FISHER JOINT REVOCABLE TRUST Date Completed: 8/12/21 2240 Windward Shore Drive 30' 0' 30' 60' LOT 56, M.B. 45 PG. 37 i GPIN: 2409-09-8146 GRAPHIC SCALE 1"= 30•-0•• CITY OF VIRGINIA BEACH d- TREASURE CANAL °� Off, ?LTi o ff,`! Map Book 45, Page 37 and 37A Co rpm NEW RIP RAP (9'.0'W.) w REVETMENT 91 LF NEW BULKHEAD MHW V 08/12/2021 > EXISTING ROOF STRUCTURE 47 LF MHW N WALTER T. McKENNA II 22.6'x 15.8' MLW 4 in EXISTING TIMBER PIER 6' rk3 o+n ocfis Ai Lic No. 0428•• 33.4'x 12.0' Ai‘C o EXISTING BOAT LIFT �� 5 $ NI1ONnL �/\ -��U.S' 4 ,,-' bif, EXISTING •y,3• 1 . "4I < �'� ° Debp.RIP RAP 20. • — �4t.c��_�___ <� h �o• ;41�. ___ -II ='T156°55'37"E ni/ - --==_ 93.80' O1 .. / / BEVEL Farr SILT FENCE ' 2 / / AT EASEMENT O /Al // EXISTING BULKHEAD \N\U\\\ d' cr IV / b/7. / EXTING 24"STORM DRAIN D / BETH DARROW 2 Instrument No. iO 4 r^ c/ /Ii/ 2 2 4 4 200509020140924 w Q0- ^ / GPIN: 2409-09-7055 N i ¢, h / /�l at`i a LOT 55 - iJ M �• '/ /�/ ta�3�n$ a ° ft o a - * ,_-)///g, & R. 780 ?/ 4 i co4i: / ca R = 411 .44' Windward Shore Driv: - - -- _ _ A = 144.52' 50 FT R/W - - - - - CALVERT AGENT - 3132 RIVEREDGE DR , PORTSMOUTH, VA 23703 MARINE 757.777.6960 Rich@CalvertMarine.net 44 ITEM— VILK.7b ORDINANCES/RESOLUTIONS ITEM#72191 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned: b. property located at the rear of 2460 Entrada Drive re construct and maintain timber bulkhead, wharf and boat lift Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 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 GPIN: 2424-02- 7 4573, LOCATED AT THE REAR OF 2460 8 ENTRADA DRIVE 9 10 WHEREAS, Scott D. Stamm and Kelli Stamm (the"Stamms") have requested 11 permission to construct and maintain a 130' timber bulkhead, 32'x 6'wharf, and 12'x 11.7' 12 boat lift (the "Encroachments") within the City's property known as GPIN: 2424-02-4573, 13 located at the rear of their property at 2460 Entrada Drive (GPIN: 2414-93-5203); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, That pursuant to the authority 24 and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 25 as amended, the Stamms, their heirs, assigns and successors in title are authorized to 26 construct and maintain the Encroachments within the City's property as shown on the map 27 entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, 28 PROPOSED WHARF, PROPOSED BOAT LIFT AND THE EXISTING PIER TO BE 29 REMOVED. FOR: SCOTT AND KELLI STAMM 2460 ENTRADA DRIVE, LOT 313, 30 SECTION 2, LAGOMAR M.B. 77, P. 14," having a Scale of 1" = 40', dated June 8, 2021, 31 and prepared by Clark Design Group, a copy of which is attached hereto as Exhibit A, and 32 on file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 36 to those terms, conditions and criteria contained in the agreement between the City of 37 Virginia Beach and the Stamms (the "Agreement"), an unexecuted copy of which has been 38 presented to the Council in its agenda, and will be recorded among the records of the 39 Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Stamms and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th 49 day of November , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: BL C WOR S, REAL ESTATE MEYER SENT CITY ATTORNEY CA15390 R-1 Prepared: 10/4/2021 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d004\p038\00755308.doc / STAMM ENCROACHMENT EXHIBIT 0 40 80 1" =40'--- This site plan is based on plat recorded in (City of Virginia EX. BULKHEAD Beach) M.B. 77, P. 14 and EX. BOAT LIFT was prepared without the AND WHARF 1 n/f city of virginio beach benefit of a title search gpin: 2424-02-4573 m.b. 77 p.14 100'DRAINAGE ii s --- &PUBLIC USE PROPOSED 1 EASEMENT BOAT LIFT i M ; PROPOSED WHARF PROPOSED 130' 1 TIMBER BULKHEAD I PROPOSED IMPROVEMENTS N TO ENCROACH i SEE SHEET 2 FOR DETAILS OHNc --OH n/f holtz living trust j EXISTING PIER TO BE REMO il gpin: 2414-93-6231 1 n/f scott and kelli I instil 20190326000239640 1 1 stomm :r. 11 L=1 13.81 m.b. 77 p.14 1 gpin: 2414-93-5203 I R=800.00 lot 312, section2 a inst# POOL —' • . 120120919001077660 <j.. • 1 I m.b. 77 p.14 lot 313, " I section2 I I hi N EPLTH op it DECK �❑ ❑ li I i'o^•° 101 1?1:1_14_ o cy,0 Q., O// je //PG / I 2-STORY BRICK 2`�' o F'"�Z 4 #2460 ENTRADA `o.. `� o BRAD MARTIN D 1 ? o Lic. No. 32999 • — 06/05/2021 1',. ,'.`:• J�I� \ D iDI O��SSIONAL ENG�� i `1 - ,,, 1 v miz 1 .1'..-::::'...:,I L=136.57 z i° R=960.00 1 — --"._ 1,931'To ENTRADA DRIVE ATWOODTOWN ROAD (60' RIGHT-OF-WAY M.B. 77 P.14) EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A Ct.AR.wv -- Design PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED - Group BOAT LIFT AND THE EXISTING PIER TO BE REMOVED. FOR: SCOTT AND KELLI STAMM 824 West 21st Street 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14 Norfolk, Virginia 23517 DATE: 06 / 08 / 2021 SHEET OF 2 (757) 622 3900 1 www . ClarkDes . corn STAMM ENCROACHMENT EXHIBIT PROPOSED ENCROACHMENT 0 20 40 PROPOSED BULKHEAD = 10.5' PROPOSED WHARF = 13.2' PROPOSED BOAT LIFT = 24.9' 1"= 20' — — EX. BULKHEAD ° ° EX. BOAT LIFT p,L T H OF AND WHARF AsV` / n/f city of virginio beach $O 4 gpmn: 2424-02-4573 m.b. 77 p.14 r O O • ? BRAD MARTIN D Lic. No. 32999 06/05/2021 , �o �`, PROPOSED BOAT LIFT �`SS/ONAL ENG PROPOSED WHARF PROPOSED 130' TIMBER BULKHEAD -'-\ 11.7' ►A TO ENCROACH .' N iT 1011.11111 N OHW �--32.0' — _ OHW — NEN PIP- 73' 1,-: 39' r. - M cn in — — t L — — n/f scott and kelli stomm EXISTING PIER TO BE REMOVED gpin: 2414—93-5203 I inst,/ 20120919007077660 m.b. 77 p.14 lot 313, section2 . . 1. J POOL EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A C L--ARK Design PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED - Group BOAT LIFT AND THE EXISTING PIER TO BE REMOVED. FOR: SCOTT AND KELLI STAMM 824 West 21st Street 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14 Norfolk, Virginia 23517 DATE: 06 / 08 / 2021 SHEET OF 2 (757) 622 3900 2 www . ClarkDes . corn PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 202 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SCOTT D. STAMM AND KELLI STAMM, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "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 "313," as shown on that certain plat entitled: "SUBDIVISION OF LAGOMAR SECTION TWO PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 77, at page 14, and being further designated, known, and described as 2460 Entrada Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 130' timber bulkhead, 32' x 6' wharf, and 12' x 11.7' boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 2424-02-4573 (CITY-OWNED PROPERTY) 2414-93-5203 (2460 ENTRADA DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as GPIN: 2424-02-4573 the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR A PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED BOAT LIFT AND THE EXISTING PIER TO BE REMOVED FOR: SCOTT AND KELLI STAMM 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14," having a Scale of 1" = 40', dated June 8, 2021 , and prepared by Clark Design Group, 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 or encroachments to be removed 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 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Scott D. Stamm and Kelli Stamm, 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 , 202 , 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 202 , 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 GR TEE: 4 g Sc tt D. Stamm Kelli Stamm • STATE OF V IT I I I , CITY/COUNTY OF virg 1A1(CBQa&, to-wit: The foregoing instrument was acknowledged before me this 36 day of gcploolibeir, 2021, by Scott D. Stamm and Kelli Stamm. 1dYflI\Q1 (SEAL) tar+y Public ,rp,n,n,�pA •NOTARY••S� 1i PUBLIC Notary Registration Number: 3,),014s REG.Maw i •' ETREs :Z My Commission Expires: 131 I �. i; •'•• .,, tf APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUF ICIENCY AND FORM S ATURet6( D R EY R SENIOR C Y ATTORNEY PUBLIC WORKS/REAL ESTATE 7 STAMM ENCROACHMENT EXHIBIT m �0 40 80 1"=40'� _— This site plan is based on plot recorded in (City of Virginia EX. BULKHEAD Beach) M.B. 77, P. 14 and EX. BOAT LIFT ' was prepared without the AND WHARF - n/f city of virginio bench benefit of o title search gpin: 2424-02-4573 m.b. 77 p.14 100'DRAINAGE S &PUBLIC USE PROPOSED EASEMENT BOAT LIFT g �� M PROPOSED WHARF ,1 PROPOSED 130' TIMBER BULKHEAD PROPOSED IMPROVEMENTS N TO ENCROACH SEE SHEET 2 FOR DETAILS OHWc --OHW 1 EXISTING PIER I n/f holtz living trust 1 TO BE REMO I . I gpin: 2414-93-6237 I 1 n/f scott and kelli inst# 20190326000239640 I I stomm 11 L=1 13.81 m.b. 77 p.14 1 gpin: 2414-93-5203 R=800.00 lot 312, section2 QII I inst# POOL . 120120919001077660 I m.b. 77 p.14 lot 313,•. I section2 • 0 III 0 o I c CO �, LT H QF 4, f DECK �0 0 ! I o� oo- Off// . h 1 — IIII -1?01 ornoaN o � 0) O// ilir • 2-STORY BRICK �' o / Z 4 #2460 ENTRADA o I.:-- N o BRAD MARTIN D I E oaf tic. No. 32999 ,•,'- — �'� 06/05/202 I i � � �i� SSfO NA L ENC' I i A m"'I vmz L=136.57 2io — i/-R=960.00 _ -.1.-------------1,931'To ENTRADA DRIVE ATWOODTOWN ROAD (60' RIGHT-OF-WAY M.B. 77 P.14) EXHIBIT 'A'- ENCROACHMENT REQUEST FORA C I,-ARK Design PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED - Group BOAT LIFT AND THE EXISTING PIER TO BE REMOVED. FOR: SCOTT AND KELLI STAMM 824 West 21st Street 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14 Norfolk, Virginia 23517 DATE: 06 / 08 / 2021 SHEET OF 2 (757) 622 - 3900 ` 1 www . ClarkDes . corn J C STAMM ENCROACHMENT EXHIBIT — PROPOSED ENCROACHMENT 0 20 40 PROPOSED BULKHEAD = 10.5' PROPOSED WHARF = 13.2' PROPOSED BOAT LIFT = 24.9' 1"=20' EX. BULKHEAD .7- 1 ° EX. LI 4 P LT H G J ANDBOAT WHARFFT o Ot ie n/f city 4 -02- beach � gpin: 2424-02-4573 ' m.b. 77 p.14 0// / z BRAD MARTIN D Lic. No. 32999 06/05/2021 , -ro G\�� PROPOSED BOAT LIFT SS/ONAL EN PROPOSED WHARF PROPOSED 130' TIMBER BULKHEAD 11.7' iA TO ENCROACH .' N Zs, (Niwoo _ OHW OHW �..-32.0' rn it -- CV 73' o 39' �. - cn in — — — t L — — n/f scott and kelli stomm EXISTING PIER TO BE REMOVED gpin: 2414-93-5203 I inst// 20720919007077660 I m.b. 77 p.74 lot 313, section2 I I ra < POOL • EXHIBIT'A'- ENCROACHMENT REQUEST FOR A GLIARKEIJ Design PROPOSED BULKHEAD, PROPOSED WHARF, PROPOSED - Group BOAT LIFT AND THE EXISTING PIER TO BE REMOVED. FOR: SCOTT AND KELLI STAMM 824 West 21st Street 2460 ENTRADA DRIVE, LOT 313, SECTION 2, LAGOMAR M.B. 77, P. 14 Norfolk, Virginia 23517 DATE: 06 / 08 / 2021 SHEET OF 2 (757) 622 - 3900 2 www . ClarkDes . corn 45 ITEM— VII.K 7c ORDINANCES/RESOLUTIONS ITEM#72192 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Robert Finley, 2445 Sandfiddler Road, Phone: 721-5270, did not respond Upon motion by Council Member Henley, seconded by Council Member Holcomb, City Council DEFERRED TO DECEMBER 7, 2021, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned: c. Right-of-Way known as Sandfiddler Road adjacent to 2445 Sandfiddler Road re retain 12 wood pile posts Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R.Jones, John D.Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi Aaron R. Rouse(stepped out during vote) November 9, 2021 46 ITEM— VILK.8a ORDINANCES/RESOLUTIONS ITEM#72193 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE:: a. $78,004 from the Edward Byrne Justice Assistance Grant (JAG) to the FY2021-22 Police Department and Community Corrections Operating Budgets re law enforcement purposes Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 EDWARD BYRNE JUSTICE ASSISTANCE GRANT FUNDS 3 FOR LAW ENFORCEMENT PURPOSES 4 5 WHEREAS, the City Council provided a public comment opportunity at is Formal 6 Session of November 9, 2021, to allow residents to comment on the proposed allocation 7 of Edward Byrne Justice Assistance Grant: 8 9 NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1. $78,004 from the U.S. Department of Justice via the Edward Byrne Justice 13 Assistance Grant Local Solicitation is hereby accepted and appropriated, with federal 14 revenue increased accordingly, to the following departments in the following amounts in 15 their FY2021-22 Operating Budget: 16 17 a) $22,123 to the Police Department to purchase bike crowd control gear for the 18 2nd Precinct; 19 b)$45,481 to the Police Department to Purchase alternate light source equipment 20 for enhanced trace and biological evidence capabilities; and 21 c) $10,400 to Community Corrections to purchase drug testing kits. 22 23 2. The Mayor, in his capacity as chief elected official, is hereby authorized to 24 execute, on behalf of the City of Virginia Beach, all necessary agreements, certifications, 25 and assurances as instructed and required by the US Department of Justice. 26 27 3. The replacement of the above items purchased with these grant funds is 28 conditioned upon receipt of future grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of November , 2021. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY udget and Management Services C. y' ce CA15566 R-1 October 21, 2021 47 ITEM— VII.K.8b ORDINANCES/RESOLUTIONS ITEM#72194 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $220,000 from Eastern Virginia Medical School to the FY 2021-22 Parks and Recreation Operating Budget re provide childcare for financially challenged families Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $220,000 FROM THE EASTERN VIRGINIA MEDICAL 3 SCHOOL FOR EARLY CHILDHOOD PROGRAMMING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $220,000 is hereby accepted and appropriated from Eastern Virginia Medical 9 School to the FY 2021-22 Operating Budget of The Department of Parks and Recreation 10 to provide childcare for financially challenged families in the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of November , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. - 1, 0S Budget & Management Services A ' O ice CA15572 R-1 October 27, 2021 48 ITEM— VII.K.8c ORDINANCES/RESOLUTIONS ITEM#72195 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $1,882,004 from the Virginia Department of Emergency Management to the FY2021-22 Emergency Management Operating Budget re flood mitigation assistance at qualifying residential properties (Staff recommendation for denial) Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 FLOOD MITIGATION ASSISTANCE GRANT AWARD OF 3 $1,882,004 FROM THE VIRGINIA DEPARTMENT OF 4 EMERGENCY MANAGEMENT TO THE OFFICE OF 5 EMERGENCY MANAGEMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $1,882,004 from the Virginia Department of Emergency Management is hereby 11 accepted and appropriated, with federal pass-through revenue increased accordingly, to 12 the FY 2021-22 Operating Budget of the Office of Emergency Management for the 13 elevation of six residential properties that have sustained repetitive damage due to severe 14 flooding subject to all requirements of the Flood Mitigation Assistance Grant Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of November , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY udget and Management Services _ • o s Office CA15565 R-1 October 21 2021 49 ITEM— VII.K.9a ORDINANCES/RESOLUTIONS ITEM#72196 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: a. $250,000 to Capital Project #100574 "Courts Technology System Sustainment"re replace the Paging System in Court Building Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 1 AN ORDINANCE TO TRANSFER $250,000 TO CAPITAL 2 PROJECT # 100574, "COURTS TECHNOLOGY SYSTEM 3 SUSTAINMENT" TO REPLACE THE COURTS PAGING 4 SYSTEM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $250,000 is hereby transferred from the FY 2021-22 General Fund Regular Reserve 10 for Contingencies to Capital Project# 100574, "Courts Technology System Sustainment," 11 to replace the paging system in the Courts Building. Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of November 2021 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY: WTt1API li Budget and Management Services ity s ice CA15569 R-1 October 26, 2021 50 ITEM— VILK9b ORDINANCES/RESOLUTIONS ITEM#72197 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $150,000 to the Capital Project #100076 "Accela Sustainment" re Accela upgrades Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 1 AN ORDINANCE TO TRANSFER $150,000 TO CAPITAL 2 PROJECT # 100076, "ACCELA SUSTAINMENT," TO 3 ENHANCE THE ACCELA SYSTEM 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1) $75,000 is hereby transferred from the FY 2021-22 Department of Planning 8 and Community Development Operating Budget to Capital Project # 100076, "Accela 9 Sustainment," for Accela upgrades. 10 11 2) $75,000 is hereby transferred from the FY 2021-22 Department of Information 12 Technology Operating Budget to Capital Project # 100076, "Accela Sustainment," for 13 Accela upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the 9 th day of November 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services s Office CA 15567 R-1 October 25, 2021 51 ITEM— VILL.1 PLANNING ITEM#72198 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Tower, City Council DEFERRED TO DECEMBER 7, 2021, Application of VIRGINIA 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 October 19, 2021) Voting: 9-1 Council Members Voting Aye: Linwood O. Branch,Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Michael F. Berlucchi November 9, 2021 52 ITEM— VILL.2 PLANNING ITEM#72199 The following registered to speak: R. J. Nutter,Attorney for Applicant, 222 Central Park Avenue, Phone: 687-7502, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Donna Turner, Representative for Newtown Professional Park, 154 Newtown Road, Phone: 285-3820, spoke in SUPPORT Joel Chou, 156 Newtown Road, Phone: 858-902-6578, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT Upon motion by Council Member Holcomb, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, Application of SCHAFFER CONSTRUCTION/JOE P. COVINGTON, JR., JANET R. COVINGTON, B. HARRISON JAMES, HI, KAREN BONNEY FLEMING& JULIE BONNEY CROCKETT for a Conditional Use Permit re automobile service station at 152 Newtown Road& 5790 Princess Anne Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCHAFFER CONSTRUCTION/JOE P. COVINGTON,JR.,JANET R. COVINGTON, B. HARRISON JAMES, HI, KAREN BONNEY FLEMING & JULIE BONNEY CROCKETT for a Conditional Use Permit re automobile service station at 152 Newtown Road & 5790 Princess Anne Road (GPINs 1457948279, 1457947361) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CONCEPTUAL SITE PLAN, 7-ELEVEN PRINCESS ANNE ROAD&NEWTOWN ROAD (VIRGINIA BEACH, VA)", prepared by Kimley-Horn, dated September 08, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The exterior of the proposed building and the fuel canopy which shall remain free of a logo and stripping shall substantially adhere in appearance, size and materials to the elevations entitled, "7-ELEVEN STORE, 5790 PRINCESS ANNE ROAD, VIRGINIA BEACH, VA, prepared by buf STUDIO, dated September 15, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning& Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The Landscape Plan shall be reflective of the plant material depicted on the submitted Landscape Plan entitled, "CONCEPTUAL LANDSCAPE EXHIBIT, 7-ELEVEN PRINCESS ANNE ROAD & NEWTOWN ROAD (VIRGINIA BEACH, VA)",prepared by Kimley- Horn, dated September 08, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. November 9, 2021 53 ITEM— VILL.2 PLANNING ITEM#72199 (Continued) 4. As depicted on the Landscape Plan, a six (6)foot tall white vinyl privacy fence shall be installed along the eastern property line with a row of evergreen trees installed and maintained at a height of no less than ten (10) feet. 5. The freestanding sign shall be monument style, be no taller than eight(8)feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibit entitled `Monument Sign",prepared by Everbrite,LLC, dated September 3, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning& Community Development. 6. All signage on the site shall meet the requirements of the Zoning Ordinance unless otherwise approved by the Board of Zoning Appeals (BZA). A separate sign permit shall be obtained from the Department of Planning& Community Development for installation of any signage. 7. Outdoor display of merchandise shall be permitted and screened from view from the public right- of-way, as depicted on the conceptual site plan referenced in Condition 1. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. 9. Lighting for pedestrians shall be provided from storefronts using either indirect illumination from the building or direction illumination under canopies or awnings. 10. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 11. The applicant/owner shall submit a subdivision plat with the City of Virginia Department of Planning&Community Development to vacate the interior property lines.Said plat shall be subject to review and approval of the Department of Planning& Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within three hundred sixty-five(365) days from the date of the City Council action. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of November Two Thousand Twenty One. November 9, 2021 54 ITEM— VILL.2 PLANNING ITEM#72199 (Continued) Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi *Vice Mayor Wilson filed a Disclosure November 9, 2021 / , 0 I qt,,V G RI ee = ,ko ,�, /-,t<CIL`'„ -$-2 B2 br zz ----*,,\ N, J . AO' ' 44Ir / . 4 , 44\rr- I 0 // c7 B2 / 1103 ,i , B2 Southern-Boulevard o _------____ )7 ,B2 11 12 11 � B27-7,,,_- N Schaffer Construction W 'O& ��j Site 0 Property Polygons 152 Newtown Road, 5790 Princess Anne Road s Zoning Building - Feet 0 40 80 160 240 320 400 480 411- • O `, City of V3r— ri; i B each '" *,4s of OU �� $ A NA YBgov. orn ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCWBson@vbgov.com COUNCIL MEMBER—AT-LARGE In Reply Refer to 0073391 November 9, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Schaffer Construction and Joe P. Covington,Jr., Janet R. Covington, B. Harrison James, III, Karen Bonney Fleming and Julie Bonney Crocket (property owners) for a conditional use permit for property located at 152 Newtown Road and 5790 Princess Anne Road. 2. The owners have disclosed that Dixon Hughes Goodman LLP ("DHG") is one of their service providers. 3. I have a personal interest in DHG because I received income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. DGH's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- November 9, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, ie,,,t,t /A,_1,___. Rosemary A. W. on Councilmember RAW/RRI 55 ITEM— VII.L.3 PLANNING ITEM#72200 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of VIRGINIA BEACH DISTILLING LLC/OCEANA CROSSINGS, LLC for a Conditional Use Permit re craft distillery at 1375 Oceana Boulevard, Unit 142 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH DISTILLING LLC/OCEANA CROSSINGS, LLC for a Conditional Use Permit re craft distillery at 1375 Oceana Boulevard, Unit 142 (GPIN 2415489273)DISTRICT 6—BEACH The following conditions shall be required: 1. An occupancy load for the Craft Distillery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of Craft Distillery. 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. All signage onsite shall meet the requirements of the City Zoning Ordinance(CZO). There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in, or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 5. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 6. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on any outdoor patio area. 7. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`h day of November Two Thousand Twenty One. November 9, 2021 56 ITEM— VII.L.3 PLANNING ITEM#72200 (Continued) Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 _ ,_ . �_� C4 4r22 \!\R, R5D . . ,00. , 3 4a4* ,40 \\ R'5i A112 B2 °i, 0 , �Q' o ,,o- 62 -O B2if' �, ceana Botl'_i. 1,214 Al2 4 I . -#�B-2 B2 d. °�► \ R;5D B2 � ..,_ �► d'' o o 4i AG2 �► �- \o, 4 o 0 0\- I' * ' =• 0 P, 0 0.1 a VI gilt s' ri AG 2 . co R0 5 ,! ��cc ,� • o B2 s► 0 RSLD� o8s W'. \.� 4do P1R5D 'A i R5 0 [ 2 \ N r A Site Virginia Beach Distilling, LLC W' 1375 Oceana Boulevard, Unit 142 Property Polygonss Zoning Building - N Feet 0 50100 200 300 400 500 600 57 ITEM— VILL.4 PLANNING ITEM#72201 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of SUE W. KENT for a Conditional Use Permit re short term rental at 901 Pacific Avenue, Unit D DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SUE W. KENT for a Conditional Use Permit re short term rental at 901 Pacific Avenue, Unit D(GPIN 24272444110955)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 901 Pacific Avenue Unit D, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. The garage space within the unit must remain a minimum of 18-feet by 18-feet, contain a minimum 16-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. November 9, 2021 58 ITEM— VII.L.4 PLANNING ITEM#72201 (Continued) 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (res on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. November 9, 2021 59 ITEM-. VII.L.4 PLANNING ITEM#72201 (Continued) 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen(16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. November 9, 2021 60 ITEM— VII.L.4 PLANNING ITEM#72201 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9th day of November Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 6R// \,— ' p \ OR et R5S OR h stye 1Do - ) street 1011 IA -119-p R5`S �' R5S '\ �, .\ Q O:R -pp L. CD iA18 L. r , \ OR k .�� street _ r• N ,� orfo�, — \ gth r; RT3 — •pili RT3 A o 0 OR 1R5 III \ � - \i --� — \ \II) r A site Sue W. Kent W' J � s 901 Pacific Avenue, Unit D Property Polygons Zoning Building - i= =mom Feet 0 25 50 100 150 200 250 300 61 ITEM— VII.L.5 PLANNING ITEM#72202 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of PETER YORDANOV POPOV for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PETER YORDANOV POPOV for a Conditional Use Permit re short term rental at 927 Pacific Avenue, Unit A (GPIN 24272444111150) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 927 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. The garage space within the unit must remain a minimum of 18-feet by 18-feet, contain a minimum 16-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 6. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. November 9, 2021 62 ITEM— VILL.5 PLANNING ITEM#72202 (Continued) 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration;and c. Proof of liability insurance applicable to the rental activity of at least $1-Million 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. November 9, 2021 63 ITEM— VILL.5 PLANNING ITEM#72202 (Continued) 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. November 9, 2021 64 ITEM— VII.L.5 PLANNING ITEM#72202 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 9`h day of November Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: 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, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 9, 2021 -R5S OR �T OR t � OR r�AO StCee '_) erSere �-__ h R5lS OR \ \I' R5S \ o 1 0 \ 5 \ Q O.R A 1-8 , 7 \ OR /* ' OR RT3 enue ,o ` 5�T3 \\ to It. 0 ili % Cl--: ,, ..... 7. OR \--iR5SS \ el \ '. CIS \ co 0 � ; N WA Site Petar Yordanov Popov W :=��,I' _ Property Polygons 927 Pacific Avenue, Unit A s Zoning Building - Feet 0 25 50 100 150 200 250 300 65 ITEM— VII.M APPOINTMENTS ITEM#72203 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD November 9, 2021 66 NEW BUSINESS ITEM#72204 Council Member Moss requested time on the next Agenda to discuss the Virginia Beach Development Authority's audit and the way ahead for the Board. November 9, 2021 67 ADJOURNMENT ITEM#72205 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:41 P.M. Terri H. Chelius"' Chief Deputy City Clerk nda Barnes, MC Robert M. Dyer City Clerk Mayor November 9, 2021 68 OPEN DIALOGUE The following registered to speak: Barbara Messner, P. O. Box 514, expressed her frustration with City Council Mike Hashemy, 5009 Ravenswood Road,Phone:580-0046, requested City Council reconsider the light rail Brock Beckstedt, spoke concerning neglect of his brother who is in a care facility Brinkley Dionne, 3500 Carter Road, Phone: 690-6602, spoke concerning the negative publicity the City has received regarding Pharrell Williams and Donavan Lynch ADJOURNED at 8:56 P.M. November 9, 2021