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DECEMBER 7, 2021 FORMAL SESSION MINUTES
�oV -' Is V� �Qa�• c VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 7, 2021 Vice Mayor Rosemary Wilson called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday,December 7, 2021, at 2:00 P.M Vice Mayor Wilson advised starting in January the City will be celebrating its 60th Anniversary and asked the Body to begin thinking of ways to commemorate this milestone. City Manager Duhaney advised on Friday, the Body will receive a proposed plan to celebrate the City's 60h Anniversary and welcomes the Body's feedback. Council Members Present: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer-Ill 2 CITY MANAGER'S BRIEFINGS CENTERVILLE DISTRICT RECREATIONAL STUDY ITEM#72262 2:04 P.M. Vice Mayor Wilson welcomed Michael Kirschman, Director—Parks and Recreation. Mr. Kirschman expressed his appreciation to City Council for their continued support: 4 Centerville Recreation Center Feasibility Study PARKS& December 7,2021 I City Council Brief RECREATION Michael F.Kirschman,Director of Parks and Recreation Here is the Agenda: vI+C NiA CEA,COVMLLN-TY RF.Sro Tc ENT-RS Agenda • Market& Demographic Analysis • Site Opportunities Analysis P • Recreation Program&Services Levels CENTERVILLE AREA Scenarios I RECREATION COMMUNITY PROGRAMS I SERVICES • Conceptual Building Option Scenarios 1,, FEASIBILITY STMGY • Conceptual Site Test-Fit Preferred Option ^� Y • • Construction and Operating Budget Estimates = for Scenarios •► • Questions/Discussion PARKS& M RECREATION '5:'7/21 Centerville Recreation Center Feasibility study AeCNRRNtl MOLEATNY AV .. December 7, 2021 3 CITY MANAGER'S BRIEFINGS CENTERVILLE DISTRICT RECREATIONAL STUDY ITEM#72262 (Continued) The next three(3)slides provide a summary of the Market Analysis and Demographic Studies: Market Analysis Study Summary Q8 :: Parks& Recreation Facilities Households Have a Need For: ?a Parks&Recreat on Facilities Respondent Households Have a Need For (Filtered for Indoor Facilities) #1 —Community Recreation Centers—70% ~ " #3—Indoor Fitness and Exercise Facilities—64% #11—Indoor Walking/Jogging Track—42% #12—Indoor Leisure"Fun"Pool—41% #13—Indoor Pool Lap Lanes—39% #15—Indoor gymnasium—38% M ow 20% .or etn PARKS& RECREATION 7rz1 Centerville Recreation Center Feasibility Study 3 Market Analysis Study Summary Top Priorities for Investment for Recreation Facilities Recreation Facilities Priority Investment Based on the Priority Investment Rating Ratings(PIR). ,,." Highest Priorities: :.�.: #1 —Biking&Paved Trails wr..rp.l #4—Community Recreation Centers #5-Indoor Fitness and Exercise Facilities w_ Medium Priorities: #12—Indoor Running/Walking Track #15—Indoor Leisure"Fun"Pool #16—Indoor Pool Lap L e >. PARKS& f .. RECREATION ,,7r21 Centerville Recreation Center Feasibility Study 4 December 7, 2021 4 CITY MANAGER'S BRIEFINGS CENTERVILLE DISTRICT RECREATIONAL STUDY ITEM#72262 (Continued) Demographics Analysis um a �•w The Demographicsofeach compares the u population living aka. within a 3-mile radius of ec of the current recreation ....- ...z. .�.. ........ ''a. ua.omm• ,... -. centers and shows the corresponding population living within a 3-mile radius of the approximate geographic center point of _., = .w = .". = . the Centerville Area. " Major takeaways from this data ....•e "" a. •� „•„ •• • A future community recreation center in the '' • • - Centerville Area would have the 3. highest total ...........•...— 'ue population and the 3i°highest number of households living within a 3-mile radius /aytldt low Cruk Grut Neck Kempsvile Princess Anne Seated Williams Fan6 Casrli.Ans 2016152o216a0a.,iES9i 58,849 115550 49,537 142,101 52930 53.833 100,166 110,926 2016 US Total Households(ISM} 24,099 44,032 20,399 53,114 11,470 23.0J0 35'ii 41,662 - • The Centerville Aiaa s manlal status demoyiaph¢is moat similar to that written the Kempswlle 3-mde radius. • The Centerville Area's educational attainment demographic is most similar to those within the Kempsville 3-mile radius and the Seatack 3-mile radius. r '•" • The Centerville Area's age demographics ar:•• Aar .. - to the Bayside, Bow Creek, K.m•- -ack and PARKS& Williams Farm 3-mi: • .r to the Great RECREATION 7/21 Centerville Recreation Center Feasibility Study -`'- 5 Here is the Site Opportunities Analysis: Site Opportunities Analysis o `� The Consultant performed a Site Opportunity '' '',/V f � .- a 1"c �� i •\ Analysis for 28 City owned sites identifying and I ' 4 .--/ r,r 'r• '' ''.¢- documenting boundanes,site areas,zoning.existing -. . p •r i 1� 111.1/' �_• N,:fp• improvements.easements,adjacent uses and • • /.r'6 •:!*., ;. •=••^•',c / ti' structures,transportation infrastructure,available /' rMl, ~„.., municipal utilities and stormwater management �. .�: •_. % . ,ryr' ,,i'.• ''•. �:_-. opportunities. 0 � ? •' r '.''' a • The Consultant and P&R Staff explored 5 sites that $t '! -- ,,.... . -� i.• ' warranted further exploration. ° f • d .n.. ..c as ' These 5 sites are identified by orange circles on the 4"",.'o ` ' `Al�'. map with preferred site Site A. � , ,r`n r - Virginia Beach Site A [4.Charlestown Athletic Complex] 1 - ,\ Virginia Beach Site B [13.Lynnhaven Pkwy 2150] ��°Oeu . ��J����; y s Virginia Beach Site C [14 Lynnhaven Pkwy 22891 •+--• t 1 �(\j_,11-7" �n-ps Chesaeake Site A I29.Centerville Turnpike] '"�-I Chesapeake Site B 27 Elbow Road PARKS& RECREATION - 7,21 Centercite Recreation Center Feasibility Study 6 - December 7, 2021 5 CITY MANAGER'S BRIEFINGS CENTERVILLE DISTRICT RECREATIONAL STUDY ITEM#72262 (Continued) Here are the Program&Service Level Scenarios with five(5)Building Options: Program & Service Level Scenarios •"�` "°q1e"t` - - The Consultant worked with Staff to develop five ' 'r"----�' (5)Recreation&Community Program ........— „L—� Accommodation&Services Level Scenarios Brat explore a full range of what might be possible. ...e•••e.e,.r,r. ( .a ear xe ; >e I as I uw a� Building Option 115 a Community Recreation �*� ' aw LA .W.. ( was 1 ram with Aquatics similar in size to Williams e "� • Farm Community Recreation Center I re.. ,.s as r nab •""r"'w". I ..0 r'•• r'a IMO Building Option 2 is the same as Option 1 but r..... .e... I m •r. .r. tax , w adds a connected Public Library with some . eu shared support spaces. w...r r—N—— ur:—_urn ..... 1 .... rr ear Irmo ors �� ..r Building Option 3 adds a Large Multi-Activity ca.� s ay Court(Big MAC)facility to Building Option 2 I"rva' l "a "a "'r ". "" Building Option 4 adds a 50-meter Competition ..... ��"" ( "' "rr r"r ".. ..! Pool plus 750 spectator seats and sports team ®®MUM®0 •- lecher rooms and meeting facilities to Building ...ar..r I ir.. t» _ a... i VW Option 3 r— a. ... Budding Option 5 eliminates the wnnected PARKS& :: ®� Public Library from Building Option 4 RECREATION .,72t Centerville Recreation Center Feasibility Study .. �F 7 Multi-Activity Courts (MAC) _ �ra- - __ lj R r`� \\,‘, ram. PARKS& RECREAIION 72t Centerville Recreation Center Feasibility Study c December 7, 2021 6 CITY MANAGER'S BRIEFINGS CENTERVILLE DISTRICT RECREATIONAL STUDY ITEM#72262 (Continued) The next two(2)slides provide Conceptual Building Options based on the Program&Service Level Scenarios: Conceptual Building Options 1 , 2 and 3 1-,,,,NuiteM IFt Option 2 P�blic� �ublic Library = 1 lid ""-7-71: wir ~~First Floor Option 3 Big MAC Level MAC Opton 3 Big MAC PARKS& RECREATION Ce e' e 7e„eab,Center Feasibility Study Building Options 4 and 5 I �. 1 itirdi t f V i Option 4 1 Public ;: Library ---- Fast Floor Mezzanine Level PARKS& RECREATION 772rCet.rilleRecr.aben Center F.asrbdtyStudy 10 December 7, 2021 7 CITY MANAGER'S BRIEFINGS CENTERVILLE DISTRICT RECREATIONAL STUDY ITEM#72262 (Continued) The Preferred Site is the Charleston Lakes Athletic Complex: Preferred Site / ' •ts'• I 41'1110 A e.../ ::7: . ";.' PARKS& •- RECREATION , e . , e ea=. .,s,o, Preferred Concept Site Test-Fit , *'—'411'.--- ',.' .Op—01 — Pi _ _. �V i • i 3 PARKS& - .s , i . l• iw. RECREATION _,Center.1a Recreaoon Center FelisbffitY StudY 12 December 7, 2021 8 CITY MANAGER'S BRIEFINGS CENTERVILLE DISTRICT RECREATIONAL STUDY ITEM#72262 (Continued) Here are the C1P Budget Estimates for Scenarios: CIP Budget Estimates for Scenarios Budding Option 1 Building Option 2 Building Option 3 Building Option 4 Building Option S Community Recreation Community RecreationCommunity Recreation Community Recreation Community Recreation Center Only Center.Public library Center•Big MAC Center.Big MAC•SOM Center•Big MAC r SOM .Public Library Pool•Public Librny Pool $37.0M $45.8M $53.3M $70.0M $61.3M Total Estimated Project Budget(2020 Dollars) Allowances for Relocation of Existing Facilities • For Preferred Site,include an Allowance of 54 OM to relocate the Charlestown Lakes Athletic Complex Facilities to 2150 Lynnhaven Parkway(PAR Life Cycle Maintenance Facility) • PAR Lite Cycle Maintenance Facility Relocation Protect is underway and funded through the American Rescue Plan Act(ARPA)for 59.48M PARKS& RECREATION 721Centerville Recreabon Center Feasibility Study is Here are the Operating Budget Estimates: Operating Budget Estimates iw416.N N4 51111111- ► I Estimator Operating&gigot Protections for Contoretllo Area ewwing.Optiona............ MPV•• peaMUM t71Mr OPOooDmo _.... _...ar........, OWng Onion1 Community RR*.Chan Only e2 eta 12 He Or/ BW es Onion 7 Comm.,nenanon Como•rroc Own rat efe a374elte item open 9 farm' ••,rwwe.•Ce•.••.a.MAC 1a 4115 13.09 214 emoa5 coon Coniviunity noommon cow•Boa MAC•S9M Pop•PWC Lenny 1@099 M all.197 &Wino Opon5 Crarmunly neeaelonCMer•SIB MAC.Ida Pod 140257 54.1e1,297. PARKS& RECREATION -_:7121 Centerville Rocreabon Center Feasibility Study 14 December 7, 2021 9 CITY MANAGER'S BRIEFINGS CENTERVILLE DISTRICT RECREATIONAL STUDY ITEM#72262 (Continued) Questions? PARKS& RECREATION December 7, 2021 I City Council Brief Vice Mayor Wilson expressed her appreciation to Mr. Kirschman for the presentation. December 7, 2021 10 CITY MANAGER'S BRIEFINGS BONNEY ROAD DEVELOPMENT ITEM#72263 2:45 P.M. Vice Mayor Wilson welcomed Taylor Adams, Deputy City Manager. Mr. Adams expressed his appreciation to City Council for their continued support: Virginia Beach Bonney Road — Olympia's Proposal City Council Briefing December 7,2021 Taylor Adams,Deputy City Manager Here are the Disclosures: I r Dlsc osu es Applicant: Olympia Development Corp. Representative: Cecil Cutchins, President Legal Services: Les Watson, Wolcott Rivers December 7, 2021 11 CITY MANAGER'S BRIEFINGS BONNEYROAD DEVELOPMENT ITEM#72263 (Continued) \IB Virginia Bcaa h Olympia's Request: Amend the Purchase Agreement Here is a brief background on the Purchase Agreement: N/B Purchase Agreement Virginia Brach • June 4, 2019: City Council declared the 11.77 ac property i to be excess property a � tom,f; • Purchase Price $2,312,000 — • • • Proposed Development: An p ,. ; office park consisting of 3 buildings totaling 180,785 SF with related facilities 4 44✓ , i, December 7, 2021 12 CITY MANAGER'S BRIEFINGS BONNEY ROAD DEVELOPMENT ITEM#72263 (Continued) Here are the Bonney Rd Site Issues: Bonney Rd Site Issues Virginia teach • CBPA mandated 100' j setback from Thalia Creek � s..� (Agreement calls for 50') _, i r I i 0 i i V • Stormwater design issues and high infrastructure costs • • Declined office demand due : 7� ry to pandemic Here is Olympia's Requests: Olympia's Requests • Development of Multifamily (250-325 Units) $50M-$65M Investment • Adjust purchase price to $1.7M • Maintain awarded $625K development grant to assist with infrastructure work December 7, 2021 13 CITY MANAGER'S BRIEFINGS BONNEY ROAD DEVELOPMENT ITEM#72263 (Continued) Consideration of Developer's Requests 1 . Amendment of Purchase Agreement 2. Replace EDIP Grant with a credit against the purchase price for costs incurred for infrastructure Vice Mayor Wilson expressed her appreciation to Mr. Adams for the presentation. December 7, 2021 14 CITY COUNCIL LIAISON REPORTS ITEM#72264 3:13 P.M. Council Member Berlucchi distributed copies of proposed changes to the 5/31 Memorial Committee composition, advising it will redefine the role of the two (2) appointed Council Members and the Family and Survivor Liaison from voting members to non-voting Liaisons to allow for three(3)additional citizens to be appointed, attached hereto and made a part of the record. December 7, 2021 REQUESTED BY COUNCILMEMBERS BERLUCCHI AND WOOTEN 1 A RESOLUTION REGARDING THE MEMBERSHIP OF THE 2 5/31 MEMORIAL COMMITTEE 3 4 WHEREAS, in December 2020, the City Council approved a resolution to establish 5 the 5/31 Memorial Committee ("Committee") to guide the 5/31 memorial planning 6 process; 7 8 WHEREAS, in October 2021, the City Council approved a resolution that, among 9 other things, (1) notes that Kearns & West is the consulting firm that serves as the family 10 and survivor liaison; and (2) provides that the membership of the Committee shall consist 11 of ten to twelve members and include two City Council members and the family and 12 survivor liaison as voting members; and 13 14 WHEREAS, the City Council desires to alter the Committee membership to 15 designate the two Council members as nonvoting liaisons and designate the family and 16 survivor liaison as an ex officio, nonvoting member, which will enable the City Council to 17 appoint more citizens to the Committee. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That the membership of the Committee shall consist of between ten and twelve 23 voting members appointed by the City Council. The Committee shall consist of the 24 following: at least two design professionals having expertise in the fields of architecture 25 or landscape architecture; at least one mental health professional; three members of the 26 general public, including at least two directly affected by the 5/31 tragedy; a 27 representative from the Historical Preservation Commission; and a family and survivor 28 liaison; provided, however, that the family and survivor liaison shall be an ex officio, 29 nonvoting member. In addition, two members of the City Council shall serve as nonvoting 30 Council liaisons to the Committee. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2021 . APPROVED AS TO LEGAL SUFFICIENCY: ,z, ,,- k . City Attorney's Office CA15658 R-1 December 7, 2021 15 CITY COUNCIL LIAISON REPORTS ITEM#72265 (Continued) Council Member Moss advised the Bikeways and Trails Advisory Committee(BTAC)provided their Annual Report which includes a request for$5-Million to be added in their FY 2022-23 budget to fund grants, with the Virginia Beach Trail as its top priority. Council Member Moss advised if anyone has any questions about the report to let him know. December 7, 2021 16 CITY COUNCIL LIAISON REPORTS ITEM#72266 (Continued) Council Member Branch advised he attended the Resort Advisory Commission (RAC) meeting last week Council Member Branch advised members voted to have City Council consider purchasing the technology for projection art at the 24th Street Park Council Member Branch advised the equipment is capable of developing film that could be used to celebrate the City's 60`h Anniversary and has potential for cost savings by using it to substitute current programming. Council Member Branch advised the equipment can take up to six(6)months to receive after the order is placed,and costs between$450,000-$500,00 and will provide more details as he receives information. Council Member Tower advised RAC has had several meetings with the vendors of the equipment, and he has been impressed with all of the presentations. Council Member Tower advised it could be a tremendous asset to the Resort Area as it provides meaningful entertainment that not only attracts visitors but also keeps them coming back. December 7, 2021 17 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72267 3:21 P.M. Vice Mayor Wilson asked the City Clerk to discuss the continuation of providing WebEx during City Council Formal Meetings. Amanda Barnes, City Clerk, advised there are generally only one (1) or two (2) speakers registered to speak during City Council Meetings which requires additional staff support from engineers and the IT Department to stay until the last WebEx speaker has spoken. Mrs. Barnes requested the Body's guidance on providing WebEx services going forward, adding the advertisement for the next City Council Meeting provides how citizens can register to speak, is due on December 13`" Vice Mayor Wilson provided the example of having one(1) WebEx speaker signed up to speak during Open Dialogue and how it causes staff support to stay until the very end of the meeting. Vice Mayor Wilson advised with the ability to hold open meetings now, it does not seem necessary to have WebEx. Vice Mayor Wilson asked the Body if there is a consensus to no longer use WebEx starting in January. After City Council discussion, the Body's consensus is to continue providing WebEx services and requested the City Manager research other alternatives to be used in the new City Hall. December 7, 2021 18 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72268 (Continued) Council Member Moss referenced the Virginia Beach Development Authority(VBDA)recent audit results and read five(5)of the findings: 1. Inadequate supporting documentation for machinery and tools; 2. No effective process in place to verify the recipient's performance; 3. Filling job positions not in accordance with the EIDP Policy;4. Inadequate supporting documentation for job expansion and 5. The exact amount of incentive funds available is currently unknown to the VBDA. Council Member Moss requested the Body's support in requiring the VBDA to provide quarterly updates to the Body on corrective actions on each finding until resolved. December 7, 2021 19 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72269 (Continued) Council Member Moss referenced his letter previously sent to the Body dated December 3, 2021, regarding a proposed Ordinance to use the Virginia Beach City Public Schools (VBCPS) "true-up"revenue funds to provide additional personal property tax relief in the form of a "Taxpayer Dividend"for residents'June 2022 personal property tax bills, attached hereto and made a part of the record. Council Member Moss advised the proposed Ordinance will be considered on the January 18, 2022 Agenda. December 7, 2021 �l40141A BEAC,�S' 0 , Ci ty of Virgi rii a B each 6 - 2 zo r ,�� :.s' Get 99,1.s � OF 0UR NA'oek VBgovcom PHONE:(757)636-1534 JOHN MOSS JDMOSSaVBGOV.COM COUNCIL MEMBER-AT-LARGE December 3, 2021 Dear Colleagues: I know we have a number of substantiative issues that have to resolve and vote on Tuesday, December 7, 2021. I have communicated to the Council on multiple times I plan to bring forth a taxpayer dividend item for a vote. I have communicated that intent on social media, and needless to say it has been widely and favorably been received. There is no doubt that sufficient sources for an offset exist. However, the delay in getting the final close out of last year's budget is a barrier. I understand that we voted on the $18 million for off-site improvements for the Dome site betting on the final results of last year's close out numbers. I appreciate the reasoning for the former, but I prefer acting in a more deliberate fashion on validated numbers. The attach drafts pertaining to a taxpayer dividend. When the City Manager is able to transmit the final close out numbers for the prior fiscal year and opine on the forecasted under execution for the current fiscal year the attachments will be updated. I just want to provide you as much advanced notice for an issue that will be placed on the Tuesday, January 18, 20212 agenda for a vote. The timeline and advanced notice provide more than adequate time for public engagement and Council discussion. I will be introducing it again on Tuesday with an update on January 5, 2021, assuming that the City Manager is an able to provide us FY 19-20 budget final close out and forecasted under execution of our current year budget. I have posed a number of questions via our staff to the Schools Board/their staff concerning their Reversion Funding Request and their planned allocation of$100 million in what was at the time of our joint session an unencumbered amount of Federal Cares Act funding on their books. This correspondence enables me to communicate my tax dividend proposal for efficiently on Tuesday and maximizing time for items we have to vote on or decide on the December 7, 2021. Sincerely, IJ )4, John D. Moss Cc: City Clerk City Manager City Attorney City Budget Director 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 Te, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools to Provide a "Taxpayer Dividend" MEETING DATE: [insert date] • Background: The City has received a request to provide funds to the Virginia Beach City Public Schools as a "true-up" pursuant to the School Funding Formula. The amounts requested for the "true-up" represent revenues that over-performed in Fiscal Year 2020-21. The City Council retains the discretion to provide the requested "true-up" or the City Council may direct such resources to other uses. The City Council desires to redirect $13,200,000 of the over-performance to provide additional personal property tax relief in the form of a "Taxpayer Dividend" for residents' June 2022 personal property tax bills. • Considerations: In the annual budget process, the City Council adopts a personal property tax levy ordinance that includes the application of Personal Property Tax Relief, Va. Code §§ 58.1-3523, et seq, to vehicle valuations between $1,000 and $20,000 in the form of a ratio applied to qualifying vehicles. The attached ordinance amends the Personal Property Tax Relief portion of the Calendar Year 2022 Personal Property Levy. By directing $13,200,000 of the FY2020-21 over-performance to increase the amount of tax relief on qualifying vehicles, the portion of the valuation of qualifying vehicles between $1,000 and $20,000 subject to personal property taxes would be reduced from 54.5% to 42.9%. For a vehicle valued at $20,000, this would provide a reduced tax bill from $436 to $343. For a vehicle valued at $10,000, this would provide a reduced tax bill from $218 to $172. The Commissioner of the Revenue and the City Treasurer have indicated that the implementation of this request will not require additional resources for programming and/or printing. On tax bills, the local tax relief would be bundled with the state tax relief, so personal property tax bills will have a single line providing the collective tax relief. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS TO PROVIDE A 4 "TAXPAYER DIVIDEND" 5 6 WHEREAS, the City has received a request to provide funds to the Virginia Beach 7 City Public Schools as a "true-up" pursuant to the School Funding Formula; 8 9 WHEREAS, the amounts requested for the "true-up" ($29,230,144) represent 10 revenues that over-performed in Fiscal Year 2020-21; 11 12 WHEREAS, the City Council retains the discretion to provide the requested "true- 13 up" or the City Council may direct such resources to other uses; 14 15 WHEREAS, the City Council desires to redirect $13,200,000 of the over- 16 performance to provide additional personal property tax relief in the form of a "Taxpayer 17 Dividend" for residents' June 2022 personal property tax bills; 18 19 WHEREAS, in the annual budget process, the City Council adopts a personal 20 property tax levy ordinance that includes the application of Personal Property Tax Relief, 21 Va. Code §§ 58.1-3523, et seq, to vehicle valuations between $1,000 and $20,000 in the 22 form of a ratio applied to qualifying vehicles; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA, THAT: 26 27 The City Council hereby amends An Ordinance Establishing the Tax Levy on 28 Personal Property and Machinery and Tools for the Calendar Year 2022 to provide the 29 following text in Section 2: 30 "Sec. 2. Personal Property Tax Relief. 31 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as 32 defined by § 58.1-3523), not otherwise exempted from taxation in this ordinance 33 or by law, shall be subject to the following: 34 1. Any qualifying vehicle with a total assessed value of$1,000 or less will be levied 35 no tax, reflecting a reimbursement of 100% Personal Property Tax Relief Act. 36 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 37 will be levied at 42.9%54,5°k of the computed tax based on the total assessed 38 value of the vehicle. Reimbursement is expected from the Commonwealth 39 under the Personal Property Tax Relief Act equal to the remaining 57.1 40 415.5% of the computed tax on the first $20,000 of assessed value. 41 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 42 42.9%0 54.5% of the computed tax based on the first$20,000 of assessed value 43 and 100% of the computed tax based on the assessed value in excess on 44 $20,000. Reimbursement is expected from the Commonwealth under the 45 Personal Property Tax Relief Act equal to the remaining 57.1% /15.5% of the 46 computed tax on the first $20,000 of assessed value." 47 48 BE IT FURTHER ORDAINED, THAT: 49 50 The City Council hereby directs prior year revenue overperformance, which 51 resides in the fund balance of the General Fund, in the amount of $13,200,000 to be 52 directed to offset the reduction in revenue from the amendment to the Calendar Year 53 2022 Personal Property and Machinery and Tools Levy. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: ' City Attorney's Office CA15637 `. R-2 December 3, 2021 20 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72270 (Continued) Council Member Moss advised he has drafted a timeline to ensure the two (2) items removed from the General Assembly's Legislative Package will be Referendums placed on the November 2022 ballot. Council Member Moss advised the first item pertained to City employees holding public office and the other pertained to replacing City Council vacancy appointments with special elections. Council Member Moss advised the timeline allows for each Council Member to identify community groups to engage with and provide education on the items as well as holding public hearings prior to the Body's vote, between March —April, to add the Referendum to the November ballot. December 7, 2021 21 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72271 (Continued) Council Member Henley distributed copies of a Sustainability Plan packet which included a memo titled, "Revisiting the 2013 Sustainability Plan",printed power point presentation and seven (7)pages from, "A Community Plan for a Sustainable Future", attached hereto and made a part of the record. Council Member Henley advised the Plan has not been reviewed in several years and she would like to include it as a topic for discussion during the next Community Discussions and City Council Retreat. Council Member Henley expressed she is hopeful the Body will find value in updating the Plan and connecting with the community. Vice Mayor Wilson advised the Body used to have Community Roundtable's prior to City Council Retreats and would like to have one before the next City Council Retreat. December 7, 2021 � may rs , A..4 yy��J� ..;,,..,..,.-4. Subject Title: Revisiting the 2013 Sustainability Plan Sponsor: Barbara Henley, Councilmember, Princess Anne District #7 The 2013 Community Plan for a Sustainable Future was developed after extensive public involvement and incorporates a wide range of interests, concerns, and ideas organized across 10 Elements. These 10 Elements address the three pillars of sustainability - economic, social, and environmental. COVID-19 has impacted and/or underscored the importance of each of these three pillars. As we adjust to our new normal, revisiting the 2013 Sustainability Plan provides a needed opportunity for the community to reconnect around these important and timely topics. The information gathered from this effort would not only assist with updating the Sustainability Plan, but the information could be leveraged by other major City efforts such as informing any updates to the City's Strategic Plan and the relaunching of public engagement for the Comprehensive Plan. After a pause due to COVID-19, the Comprehensive Plan public input relaunch is scheduled to begin in January 2022. Potential key milestones for revisiting and updating the Sustainability Plan are offered below. Key Milestones: 1. Review and Assess Progress I December 2021 - February 2022. Staff will analyze and collect data from City agencies regarding the status of the 2013 Sustainability Plan's 105 objectives. Staff will also identify any components that were not represented in the 2013 Plan that should be considered for inclusion in an updated Sustainability Plan(e.g., flooding). 2. Host Community Conversations I January - February 2022. Facilitators will lead table discussions around a pre-determined set of questions during three to four community meetings. Targeted groups include but are not limited to: City Boards and Commissions (all call), land use groups and neighborhood associations, community organizations, and the business community. 3. Share Information with City Council I City Council Winter Retreat. Information from Milestones 1 and 2 would be shared with City Council as part of the winter City Council Retreat. 4. Update the Sustainability Plan I March - May 2022. The Plan would be updated to incorporate relevant information as deemed appropriate based on Milestones 1 through 3. 5. Operationalize the Sustainability Plan I June-August 2022. Similar to the City's Strategic Plan, staff will develop and implement a reporting infrastructure that assigns the Plan's components to specific owners (owners will be City staff and community stakeholders), identifies a specific cadence for reporting on progress, and establishes a timeline for periodic review and updates of the Plan. yauag u!ui:i.i!A 10 ZOZ `L -10C1W0000 ueld • Apuq snScioz 0(4 6U !4! S!Aem mm • 4, uy: � � � � • Developed after extensive public involvement and incorporates a wide �` k�,' . U M .l : ' range of interests, concerns, and ideas , 'itr i h lir .a. ,'l,d' '-r CRY/FYO1611RIIFACN � 1 ENVIRONMENT AND SUSTAINARRET OFFICE • 10 Elements address the three pillars of , � , . sustainability - economic, social , and ; environmental F �� " tele COVID-19has impacted and/or underscored the importance of each 1c ;.4, . I pillar • \ 66....„! , - ' • Revisiting Plan provides a needed and positive opportunity for the community 1 Esc. to reconnect around these important and timely topics ,Y i. ,-, 2 1 . Review and Assess Progress I December 2021 — February 2022 Staff will analyze and collect data from City agencies regarding the status of the 2013 Sustainability Plan's 105 objectives. Staff will also identify any components that were not represented in the 2013 Plan that should be considered for inclusion in an updated Sustainability Plan (e.g., flooding). 2. Host Community Conversations I January — February 2022 Facilitators will lead table discussions around a pre-determined set of questions during three to four community meetings. Targeted groups include but are not limited to: City Boards and Commissions (all call), land use groups and neighborhood associations, community organizations, and the business community. 3. Share Information with City Council I City Council Winter Retreat Information from Milestones 1 and 2 would be shared with City Council as part of the winter City Council Retreat. 4. Update the Sustainability Plan I March — May 2022 The Plan would be updated to incorporate relevant information as deemed appropriate based on Milestones 1 through 3. 5. Operationalize the Sustainability Plan I June —August 2022 Similar to the City's Strategic Plan, staff will develop and implement a reporting infrastructure that assigns the Plan's components to specific owners (owners will be City staff and community stakeholders), identifies a specific cadence for reporting on progress, and establishes a timeline for periodic review and updates of the Plan. 3 . . . . 4,, .. .., • .. .., . A COMMUNITY PLAN FOR A SUSTAIN...0._ .,. . ..:„. . 1BLE ...,..... • --„„ , . • ...„,,.- .- _ • ",,11,.."44t, '-'' - - ...."-*E. ''4,_ell 4 . . ; •* • ••91.-14, - ;..,.. . .••••• • .41 4'111PIN t , ' .10.• • 414 ' ':* ' ..' RE , ilk, ':' ' • R- '. - 4.,.. 14,- ay, 0."`, .: '•.0. „:„,. ' CITY OF VIRGINIA BEACH 4' ._4.." a! • '• • • 1, b %. ENVIRONMENT AND SUSTAINABILTY OFFICE _ 1-- -..-.4 , .. ,. : • -4"." , .4p s . .., ' .• i *ii I., .; 7 ". , ,i 4 4.,` ,I kaki,. .,,, -l' .-_,..0A•liedion, .. -i I 4,- . Nit.; • .. P" - -'.'"'t - - • s I''..*'•,.• '' * , k ......„!if i-!-.- ' '‘s.,''1....'......v-_-.:..-.......`...-1V vbeso_ • 4 •IL Alt.4..,... * - : t / , - • '''' 01-116:014111C. • "4 • % 4 • • • • fcr • • \Ilkik i. -•j I 4/111‘"1110 \ t Q...-- 1 0 , i .... .....4„,,,. . . .....„..,,, . .„ / -Nii, f . .. . e l•_ ' f: ,•0 1 la- d - • . , .. • .‘, -'• 1 , ' , 1 __` ; • -,Iii _, . • , . di ' '' i '14kl, ivy a ., firt, -:,-,....„ AI 4•••••*':* 't,?Ur , it q_AL, 1... ..... March 12, 2013 AT A GLANCE A Community Plan for a Sustainable Future (the Plan) is about the place we call Virginia Beach, and how this place - shaped by a rich past of individualism, personal reliability, personal accountability, and limited government—can have an equally rich future.The Plan acknowledges that government—at all levels-exists in large measure to help defend and guarantee individual liberties. Such liberties are well described in our nation's founding principles and documents. Within the context of community as a whole, individual liber- ties are protected and enhanced by creating and refining a sense of community that respects individual liberties while at the same time striving to make progress which helps individuals live rewarding lives. Gov- ernment thereby has a more refined role of helping to facilitate and create a sense of community while simultaneously helping defend and guarantee individual liberties. The Plan is focused around the idea that there are very clear actions and attitudes that will determine how our community will look and function in the future -and most importantly- how we can live full, rewarding lives in our community. In short,the Plan suggests that the city- both its government(City)and the larger community-should be guided by principles that promote action and attitudes that will make Virginia Beach a stable, resilient, energetic, and attractive place to live, work, and play on an ongoing basis, well into the future, in a way that is prepared to deal with unforeseen changes. In other words,Virginia Beach can and will be"a community for a lifetime"-and for lifetimes to come. This Plan began with extensive public involvement through public input meetings and stakeholder inter- views. Out of this effort, the comments made during those sessions revealed a wide range of interests, concerns, and ideas about the future of Virginia Beach. Our community, like sustainability itself, is broad, diverse, and intricately connected. As a result,this Plan touches on all aspects of sustainability-economic, social, and environmental. • ! , } J f ` 11 • ,fir. A family friendly city ACommunity Plan fora Sustainable Future The Plan is organized around io major areas of corn- 7 r.tf • ' - ..; * r,t 4.. munity interest referred to as ELEMENTS. Included .�,, ,V*'1: 'i�> }� ,. t with each Element is a broad statement that cap- i '+� ..•'r•i �`t°.4} ��.` .:r"' ,`, i',,:' tures the desired outcome or what the city hopes to 6,,,: . ,, , .r�,, ,-, or �' :• J, x-•k, ,_,, - -1 become, the VISION STATEMENT. The Elements ' : 's ,fir•.: 4 . f. %'T ' ', and their associated Vision Statements are summa- '•r'`I : 4: , '� w. ' ' Rt';, rized on the following pages. The Vision Statements •: ..4 i ` ;,; �tk .' Tt . , , . are vivid, idealized descriptions of our future and ,- - s ,� l, , ' ` were crafted to ensure that they are in alignment "''� ',, " '4 .. - with both citizens'sentiments as well as the broader -1' : • IN.. vision established by the Envision Virginia Beach t le -St. i 's---...:: ..1 2040 Committee Report(now known as 204o Vision), . r completed in 2012. . w,_ - • ,, Next, the Plan sets forth a series of broad GOALS . r.,'''- 141 ' r -„ - , --.___ _ _ _, 't' within each Element and Vision Statement as a °- , ' , �— _ ►w I ' t ' ' means of defining what we, both the City govern- .1.4 z �^ y Nor N ment and the community, should do to achieve the 4";:•w : Al'•~ . ti , -__ -.-� vision for each Element. Finally, a group of OBJEC- 1 I =. TIVES is identified that helpframe the types of _ •-'' ' .ir `�`- — YP actions that should be developed to achieve the cor- `_ `i responding Goal. In whole,this group of Elements,Vision Statements, , r Goals, and Objectives forms the framework for the Plan, ultimately providing the roadmap for the City g - and the community to a sustainable future. A city with a high quality of life "The future ain't what it used to be." Yogi Berra City ofVirginia Beach 2 `_ Summary of Elements and Vision Statements PEOPLE We are healthy, engaged, and active residents who feel a sense of well-being and harmony with our neighbors, whether they are next door, in Hampton Roads, across the country, or across the sea. Our lifestyle and activities are as diverse as our community, making Virginia Beach a jewel of the East Coast. PLACES We are a model community of great places, both man-made and natural, that are inherently beautiful and are accessible to all;rich in cultural, educational, and recreational opportunities; with ample choices regardless of age,physical limitations, or income;and recognizable with unique character. w 0 LEARNING 2 w From an early age, our children are taught principles and values embraced by all. Our public J schools, vocational colleges, and higher learning institutions utilize the latest technologies to create a highly skilled, diverse workforce. Life-long learning is inherent in everyday life in a thriving Virginia Beach. CD WORK Virginia Beach has a strong and vibrant economy with a highly skilled workforce. The city capitalizes on its long-term traditional economic sectors, while fostering innovation and growth in new technologies, to ensure a continually expanding and adapting marketplace. CONNECTIONS Residents and visitors to Virginia Beach are well-connected within our city utilizing quality infrastructure, enjoying the benefits of an interconnected multi-modal transportation system, and communicating in person or via technology from anywhere in the city. A Community Plan for a Sustainable Future Summary of Elements and Vision Statements 0 AIR Both as a key component of the high quality of life and as an attraction to visitors, the City of Virginia Beach continues to protect and maintain the highest level of air quality. WATER The City of Virginia Beach is set among scenic waterways that are greatly valued and respected by the community, and both the City and its residents are continually engaged in their preservation and enhancement. F- Z w ENERGY 2 The City of Virginia Beach leads the nation in energy stewardship through education and w conservation and supports the development and production of clean energy sources. 0 LAND Our urban and suburban communities feature a range of housing choices accommodating a diverse community, integrated with natural open space and places of historical and cultural signicance. Farmland remains abundant in the southern part of the city and every resident has access to fresh, local foods. (1) NEIGHBORS The City of Virginia Beach works closely with its neighboring cities, counties, and military installations to ensure Hampton Roads is a cohesive region with a common vision. This greatly assists in attracting new businesses, competing for funding, and coordinating regional services and infrastructure. City ofVirginia Beach 4 WHY ARE WE DOING THIS? Actions and attitudes of today will undoubtedly shape our future as a city. Our elected officials are obligated to protect the individual liber- ties that are granted to all U.S. citizens in the Declaration of Independence, and in the Con- SUSTAINABLE ECONOMIC stitutions of the United States and the Corn- Alp monwealth of Virginia. Our lives are optimized when one's right to freely pursue economic opportunities, live in healthy surroundings, and experience social equity are in equilibrium. SOCIAL p ENVIRONMENTALs The three aspects of sustainability—economic, environmental, and social — when balanced, enhance and enrich our individual liberties. This Me Plan is not intended to infringe upon individual liberties, nor does it describe a uniform, "cookie cutter"approach to living,working,and playing The Triple Bottom Line A Balance in Virginia Beach. Rather, it offers choices and opportunities for individuals. Sustainability - by definition - can apply to many aspects of our daily lives. The most accepted definition of sustainability is to meet our present needs without compromising the needs of future generations.This Plan, developed by the City government and community of Virginia Beach - its citizens, staff, special inter- est groups,stakeholders-all of us-serves as a communications tool and,with future iterations,a scorecard to report on City and community progress towards achieving economic,environmental,and social sustain- ability. City Council's Envision 204o Committee set the stage for our city's direction,and this Plan is focused around the vision set forth in the Envision Virginia Beach 204o Committee Report: "Virginia Beach is the most livable coastal community in the world located within the southern Chesapeake Bay region, it is defined by its rich natural resources and exciting, diverse, and interconnected neighborhoods. We are united by our broad social, cultural, and recreational offerings, a thriving regional economy, and life- long learning opportunities that create a synergy where all citizens can live healthy lives,grow daily,continu- allyreinvent, and prosper." The Plan is also intended to help focus City and community efforts to achieve this vision in matters related to sustainability and to serve as a filter for City government to help decision-makers evaluate actions in order to better reflect what has been termed a "triple bottom line." Actions that optimally reach a "triple bottom line"are fine tuned to balance economic, environmental, and social sustainability so that a desired outcome in one of these three areas of sustainability does not ignore the implications of the other two areas of sustainability. Optimum sustainability occurs when economic,environmental,and social perspec- tives not only reach but are designed around principles to maintain this kind of balance. In this way of mak- ing decisions,alternatives and options to better achieve the"triple bottom line"are vetted through a range A Community Plan for a Sustainable Future of actions that might include concepts such as weighing various options,trying to accomplish multiple out- comes, conserving natural resources, evaluating life cycle costs in purchasing and procurement decisions, improving public health, and the like. When a community is focused around achieving a"triple bottom line,"decisions reflect adherence to com- munity values and principles of economic accountability, environmental protection, and social responsibil- ity. In other words,the community runs and operates like a fine-tuned machine, and its residents are best served for the long haul. The Envision Virginia Beach 2040 Committee Report describes a compelling, challenging yet realistic vision of the future of Virginia Beach for the community and its citizens and visitors.The document includes six broad focus areas that further describe our desired future.These six Vision Elements: Connected Commu- nity, Learning Community, Diverse Community, Unique Environment,Active Lifestyle, and Thriving Econ- omy, are listed on the next page.To illustrate how this Plan addresses these areas,the sustainability icons are identified below the zo4o Vision Element.Additional information on the relationship between the Envi- sion Virginia Beach 2040 Committee Report and this Plan can be found in the Element Tables located in Appendix B. ii ge. it ~•' S_ FI Milt 104, 3 . ik \LI 1. , -...... _ 3 ; t i ' : V'':1'1 a 'a.:- F r: ` /, 4- r, t A sustainable community plans for future generations City of Virginia Beach 6 .":; ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT'S SIX AREAS OF FOCUS Connected Community Virginia Beach is a well-planned community of exciting, diverse neighborhoods, each offering unique opportunities to live,work, play, and grow in a culturally rich and safe environment. Our neighborhoods and residents find interconnectivity through our award-winning multi-modal transportation system,the ubiquitous presence of broadband communication technologies, and most importantly by building a deep sense of community. 0 0 Learning Community We have a comprehensive approach to formal education and broader learning opportunities for citizens at all stages of life that supports their ability to learn,grow,and prosper. We believe in and support an educational continuum that begins at birth and lasts a lifetime. Individuals,families, government, and businesses know and accept their roles preparing citizens to be successful throughout their lives. 0 0 Diverse Community Our community-wide culture embraces and values all citizens and visitors with regard to ethnicity, national origin, gender, sexual orientation,age, socioeconomic standing, physical abilities, or religious beliefs. We address the processes and norms that ensure engagement, collaboration,fairness, respect, understanding, and trust exists between all populations within the community. 0 e Unique Environment We value and enhance our greatest natural assets: a broad array of coastal resources that include beaches,waterways,farmlands, and wetlands. We are a model community for clean air and water, and our commitment to environmental sustainability. Local foods, open space,and parks contribute to the overall quality of life and healthy living. 0 o ® o Active Lifestyle Cultural and recreational opportunities enhance the regional economy and provide emotional and intel- lectual opportunities for expression, education, and entertainment.Citizens of all ages, individually and as families, experience the natural resources, restaurants, museums, aquarium, recreation centers, and entertainment venues in the region to stimulate, strengthen, and revive the mind, body, and spirit. ell 0 Thriving Economy We have a thriving regional economy that leverages our assets with high employment and dynamic busi- ness growth.We educate, attract, and retain a talented and diverse workforce and provide a broad base of employment with an emphasis on high paying jobs. oo , 0 0 © c A Community Plan for a Sustainable Future 22 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72272 (Continued) Council Member Tower invited everyone to attend the Holiday Light Show at the Oceanfront as this year's it is bigger and better than ever with new displays and improved traffic control. Council Member Tower added, he has received a lot of compliments on it this year and tickets can be purchased online. Vice Mayor Wilson advised she enjoys seeing it every night from her home and added, tickets can also be purchased at the entrance. December 7, 2021 23 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72273 (Continued) Council Member Tower distributed copies of three (3)proposed Ordinances to amend the City's taxation and provide tax relieffor business licenses and personal property tax for both new businesses and elderly and disabled persons, attached hereto and made a part of the record. Council Member Tower advised there is urgency to consider the proposed Ordinance for business licenses during the City Council Meeting next week, December 14, 2021. Council Member Tower asked Dana Harmeyer, Senior City Attorney, to explain the timeline. Mr.Harmeyer advised in order to provide the proposed tax relieffor business licenses for next year, it must be approved and in place by January ff. Vice Mayor Wilson advised she would like to have more time and information and welcomed Phil Kellam, Commissioner of the Revenue, to provide information. Commissioner Kellam advised Business Licenses go on sale December 15`"and the Business License Rules Rates must be established by January IS`each year. Commissioner Kellam advised the current threshold requires businesses earning less than $25,000 to pay $40.00 for a business license and those earning between$25,000-$100,000 to pay$50.00. The proposal would reduce license fees for businesses earning less than $25,000 to pay $25.00 and those earning between $25,000 - $300,000 to pay $40.00. Commissioner Kellam advised the current threshold has not changed in twenty (20)years and there are 21,000 small businesses earning less than $300,000 annually. Commissioner Kellam advised in 2012 the General Assembly authorized City's to provide property and business license tax exemptions which would provide $1,600 in tax savings and encourage more small businesses to start their businesses in the City. Commissioner Kellam advised the larger businesses are doing good, but the small businesses are struggling, and the list of businesses closing is going up. Vice Mayor Wilson asked if there was consideration to set the threshold at$200,000 instead$300,000 and what the budgeting impact would be? Commissioner Kellam advised he can provide that information but believes the proposal is the way to move forward. Vice Mayor Wilson advised the cost of the tax relief is close to$3-Million. Commissioner Kellam advised the cost for the business license portion is $2.2-Million and noted it will cover all classes of businesses. Council Member Rouse advised he supports this and hopes his colleagues will too and believes it is necessary to find innovative ways to help small businesses. Council Member Moss advised there is enough revenue growth to offset the cost and believes this should be done to send the message to small businesses that they are recognized. December 7, 2021 24 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72273 (Continued) Council Member Wooten advised she supports the proposed Ordinances and believes it is important to support anything that helps small businesses and the elderly. Council Member Branch asked if the proposed Ordinances would have any impact on the Schools revenue sharing formula? City Manager Duhaney advised he will find out but noted the offset amount is approximately$2.1- Million. Council Member Jones recommended allowing the City Manager review the proposal to determine what funding source to use to cover the offset cost. City Manager Duhaney advised, the attachment to the proposal provides information that funding to cover the offset will come from the General Fund Balance and will affect the Schools budget. Council Member Berlucchi advised it may be more appropriate to consider this proposal during the budget process. Council Member Tower recognized the short amount of time the Body has had to review and expressed hope the Body will consider the proposal as it sends a good message to taxpayers at a time of year that many need relief Commissioner Kellam advised he will make himself available to the Body and City Manager if there are any questions or concerns between now and next week's City Council meeting. December 7, 2021 ,r�wry.�" it am' Z.::ti, CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend Section 18-5.2 of the City Code Pertaining to Business License Fees and Taxes and to Provide Revenue Offsets (2) An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools to Set the Tax Rate for Tangible Personal Property of a Business that Qualifies for the Business License Incentive Program for New Businesses and to Provide Revenue Offsets (3) An Ordinance to Amend the Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools to Set the Tax Rate for Elderly and Disabled Persons and to Provide Revenue Offsets MEETING DATE: December 14, 2021 • Background: This item provides updates to the City's taxation by way of business license taxes and personal property taxes. With regard to business license taxes, the attached ordinance would increase the gross receipts threshold for businesses paying a flat amount. Currently, a business with $25,000 or less in gross receipts would pay $40, and a business with $25,001 to $100,000 would pay $50. The proposal would provide businesses with $25,000 or less in gross receipts would pay $25, and a business with $25,001 to $300,000 would pay $40. With regard to personal property, there are two proposals. First, there would be personal property tax relief for new businesses. This is a companion program to the current Business License Incentive Program that the City Council requested in its 2011 Legislative Agenda. For a qualifying business that locates to the City for the first time, the personal property would be taxed at a rate of $0.00001 per $100 of assessed value. Second, the current relief provided to elderly and disabled taxpayers reduces the tax rate from $4.00 to $3.00. The attached ordinance would further reduce the rate to $0.000001 per $100 of assessed value. • Considerations: Each of these proposals will require an offset for reduced revenue. The anticipated revenue offset for the business license program is $2,180,425. The new business program would require $265,516, and the elderly and disabled rate update would require $70,616. The proposed source for such offsets is the fund balance of the General Fund. The rationale for this source is that the FY2021 fiscal year overperformance of each will more than pay for the proposed tax relief. These items are presented with a January 1 , 2022 effective date. Of particular sensitivity is the business license ordinance. The Commissioner of the Revenue is required to begin the license year with a set of parameters, and such parameters will be in place for the entire calendar year. Having the business license ordinance in place prior to January 1 will allow the Commissioner to begin issuing licenses as soon as the calendar year commences. • Public Information: Normal Council agenda process. • Attachments: Ordinances (3); Commissioner of the Revenue Summaries (3) REQUESTED BY COUNCILMEMBER TOWER REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTION 18- 2 5.2 OF THE CITY CODE PERTAINING TO 3 BUSINESS LICENSES FEES AND TAXES 4 AND TO PROVIDE REVENUE OFFSETS 5 6 SECTION AMENDED: § 18-5.2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 1 . That Section 18-5.2 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 18-5.2. License fees and taxes. 15 16 Effective January 1, 1997, every person required by section 18-5 of this chapter to have 17 a business license shall pay the following license fees and taxes, as applicable, unless 18 specifically provided otherwise: 19 20 (a) Businesses with gross receipts during the preceding calendar year of twenty-five 21 thousand dollars ($25,000.00) or less shall pay a fee of twenty-five fe#y dollars 22 ($25.00 40.00); 23 24 (b) Businesses with gross receipts during the preceding calendar year of between 25 twenty-five thousand and one dollars ($25,001 .00) and three one hundred thousand 26 dollars ($300,000.00 100,000.00) shall pay a fee of forty fifty dollars ($40.00 50.00); 27 28 (c) Businesses with gross receipts during the preceding calendar year of greater 29 than three one hundred thousand dollars ($300,000.00 100,000.00) shall pay a 30 license tax on gross receipts. Such license tax shall be calculated by applying the 31 specific percentage rate provided in this chapter for each different classification of 32 business to the amount of a business' gross receipts; and 33 34 (d) "For purposes of this section, the term "gross receipts" shall include, but not be 35 limited to, the following: gross receipts, gross sales, gross commissions, gross 36 contracts or orders. 37 38 2. To provided offsets for this ordinance, $2,180,425 is hereby provided from the 39 fund balance of the General Fund to the revenue anticipated from business license 40 taxes. 41 42 3. This ordinance shall apply for business license years on or after January 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of Revenue City Attorney's Office CA15502 R-2 December 7, 2021 REQUESTED BY COUNCILMEMBER TOWER 1 2 AN ORDINANCE TO AMEND THE CALENDAR YEAR 3 2022 TAX LEVY ON PERSONAL PROPERTY AND 4 MACHINERY AND TOOLS TO SET THE TAX RATE 5 FOR TANGIBLE PERSONAL PROPERTY OF A 6 BUSINESS THAT QUALIFIES FOR THE BUSINESS 7 LICENSE INCENTIVE PROGRAM FOR NEW 8 BUSINESSES AND TO PROVIDE REVENUE 9 OFFSETS 10 11 WHEREAS, the City Council requested and received legislation in 2011 that 12 allowed localities to provide business license tax reductions for new businesses and 13 businesses that relocate to a city, county, or town; 14 15 WHEREAS, the City Council enacted the Business License Incentive Program 16 for New Businesses on June 28, 2011 ; 17 18 WHEREAS, in addition to relief for business license taxes, the General Assembly 19 has separately classified the tangible personal property of businesses that meet the 20 definition of "qualifying businesses" for purposes of the Business License Incentive 21 Program for New Businesses; 22 23 WHEREAS, a separate tax classification allows the City Council to adopt a tax 24 rate for tangible personal property that is lower than the tax rate for the general 25 classification of tangible personal property; 26 27 WHEREAS, the City Council desires to separately classify tangible personal 28 property of businesses that qualify for the Business License Incentive Program for New 29 Businesses; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA, THAT: 33 34 1 . The Ordinance Establishing the Tax Levy on Personal Property and Machinery 35 and Tools for the Calendar Year 2022 is hereby amended to add new Sectionl7 36 to read as follows: 37 38 Sec. 17. Tangible Personal Property of a Business that Qualifies for the 39 Business License Incentive Program for New Businesses. 40 The tax rate applicable to the tangible personal property of a business that 41 qualifies for the Business License Incentive Program for New Businesses, such 42 classification authorized by § 58.1-3506(A)(45), shall be one millionth of one cent 43 ($0.000001) per $100 of assessed value. This tax classification shall apply for 44 the first two tax years in which the qualifying business is subject to tax upon its 45 personal property in the City of Virginia Beach. 46 47 2. To provided offsets for this ordinance, $265,516 is hereby provided from the fund 48 balance of the General Fund to the revenue anticipated from personal property 49 taxes. 50 51 3. The effective date of this ordinance is January 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15501 R-1 December 7, 2021 REQUESTED BY COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2022 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS TO SET THE TAX RATE 4 FOR A MOTOR VEHICLE OWNED AND USED 5 PRIMARILY BY OR FOR SOMEONE AT LEAST SIXTY- 6 FIVE YEARS OF AGE OR ANYONE FOUND TO BE 7 PERMANENTLY AND TOTALLY DISABLED AND TO 8 PROVIDE REVENUE OFFSETS 9 10 WHEREAS, the General Assembly has created a separate tax classification that 11 allows the City Council to adopt a tax rate lower than the tax rate applicable to the general 12 classification of tangible personal property for a motor vehicle owned and used primarily 13 by or for someone at least sixty-five years of age or anyone found to be permanently and 14 totally disabled; 15 16 WHEREAS, the City Council desires to lower the applicable rate for such vehicle 17 from the rate established as part of the FY2021-22 Operating Budget; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. The Ordinance Establishing the Tax Levy on Personal Property and Machinery 23 and Tools for the Calendar Year 2022 is hereby amended to read as follows: 24 25 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or 26 for Someone at Least Sixty-Five Years of Age or Anyone Found to be 27 Permanently and Totally Disabled. 28 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of 29 Virginia, there shall be a reduced tax, levied and collected for general 30 purposes for calendar year 2022, at the rate of one millionth of one cent 31 ($0.000001) three dollars ($3.00) on each one hundred dollars ($100.00) 32 of assessed valuation, on one (1) automobile or pickup truck owned and 33 used primarily by or for anyone at least sixty-five years of age or anyone 34 found to be permanently and totally disabled, as defined in Section 58.1- 35 3506.3 of the Code of Virginia, subject to the following conditions: 36 1. The total combined income received, excluding the first $7,500 of 37 income, from all sources during calendar year 2020 by the owner of the 38 motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 39 2. The owner's net financial worth, including the present value of all 40 equitable interests, as of December 31 of calendar year 2020, excluding the 41 value of the principal residence and the land, not exceeding one (1) acre, 42 upon which it is situated, shall not exceed seventy thousand dollars 43 ($70,000). 44 3. All income and net worth limitations shall be computed by 45 aggregating the income and assets, as the case may be, of married 46 individuals who reside in the same dwelling and shall be applied to any 47 owner of the motor vehicle who seeks the benefit of the preferential tax rate 48 permitted under this ordinance, irrespective of how such motor vehicle may 49 be titled. 50 b. Any such motor vehicle owned by married individuals may qualify if 51 either spouse is sixty-five or over or if either spouse is permanently and 52 totally disabled, and the conditions set forth in subsection (a) have been 53 satisfied. 54 55 2. To provided offsets for this ordinance, $70,616 is hereby provided from the fund 56 balance of the General Fund to the revenue anticipated from personal property 57 taxes. 58 59 3. The effective date of this ordinance is January 1 , 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of the Revenue City Attorney's Office CA15511 R-1 December 7, 2021 9 ,,,-,..,.4-,7,„ k .,. Commissioner of the Revenue io - ,, ..". '' City Hall '-� 4 ;. �,- < 4 2401 Courthouse Drive ry.; Virginia Beach, VA 23456-9002 =.�....-, Philip J. Kellam 757.385.4251 Commissioner www.vbgov.com/cor Tax Relief for Small Businesses Summary Proposal Adjust the Business Professional Occupational License ("BPOL")Tax minimum threshold for gross receipts from $100,000 to $300,000. The current threshold was established in 1997 and has not been adjusted since. This will cut taxes on average by $102 on 21,346 businesses and reduce BPOL revenue $2,180,425. Current Thresholds Gross Receipts per Number of Total Gross Business Businesses Receipts Tax Rate Tax 0-$25,000 10,276 $107,116,141 $40 $413,129 $25,001- $100,000 7,376 $413,562,255 $50 $370,435 $100,001 - $300,000 3,694 $643,183,119 $0.0012—$0.0058 f $2,096,561 Totals 21,346 $1,163,861,515 $2,880,125 Proposed Thresholds Gross Receipts per Number of Total Gross Business Businesses Receipts Tax Rate Tax Revenue from 0- $25,000 Threshold 10,276 $25 $256,900 Revenue from New Threshold 7,376+3,694 $40 $442,800 Loss of Revenue $2,880,125 - Equation $699,700 = Loss in Revenue $2,180,425 Commissioner of the Revenue e fY /111L7,,., i« .' City Hall 13 , 2401 Courthouse Drive ,, �j� Virginia Beach,VA 23456-9002 Philip J. Kellam 757.385.4251 Commissioner www.vbgov.com/cor Tax Relief for New Businesses Summary Proposal Adjust the Business Tangible Property ("BTP")Tax rate to a $0.000001 (millionth)of a cent for two years on all classes of qualifying new businesses. This proposal will encourage diversification and new business development in the post COVID economy. This will cut taxes on average by$1,619 on 164 new businesses and reduce BTP revenue by $256,516. Details Number of Average Qualifying Total Assessed Assessed Loss in Businesses Value of BTP Value Average Tax Revenue 164 $16,595,003 $101,189 $1,619 ' $265,516 -v Commissioner of the Revenue " •=. City Hall ; ' f:o. 2401 Courthouse Drive s� '� Virginia Beach,VA 23456-9002 Philip J. Kellam 757.385.4251 Commissioner www.vbgov.com/cor Tax Relief for Senior and Disabled Taxpayers Summary Proposal Adjust the Personal Property Tax rate to 0.000001 (millionth of cent) and provide substantive tax relief to our most vulnerable class of taxpayers. This will cut taxes on average by$143 on 918 taxpayers and reduce personal property tax revenue $70,616. Background Virginia Beach provides Personal Property Tax Relief for Senior or Disabled residents who are so qualified: 1. 65 years or older by December 31 —OR— Permanently and totally disabled as certified by the Social Security Administration or 2 doctors 2. Annual gross income cannot exceed $29,500 3. Total assets cannot exceed $70,000, excluding the value of your home and up to 1 acre of land Current Relief Details @$3.00 reduced tax rate rather than @$4.00 general tax rate Number of Loss in Qualified Assessed Total Average Revenue Type Taxpayers Value Tax Relief Revenue Tax from $4 to $3 Elderly & Disabled 918 $4,690,013 $60,813 $131,429 $143 $23,538 Proposed Relief Details @ one millionth of a cent($0.000001)tax rate: Number of Additional Qualified ' Assessed Total Average Loss in Type Taxpayers Value ; Tax Relief Revenue Tax Revenue Elderly & Disabled 918 $4,690,013 $131,429 $0 $0 $70,616 25 AGENDA REVIEW SESSION ITEM#72274 4:05 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND City Code Sections: a. 2-83 re City holidays b. 2-84, 2-85 re annual and personal leave and 2-101 re defining Full-Time Employee 2. Resolution to DESIGNATE Birdneck Road in memory of E. George Minns(Requested by Council Member Wooten) 3. Ordinance to AUTHORIZE the City to participate in a Firearm Buyback Program and DESTROY surrendered firearms(Requested by Council Members Branch and Jones) 4. Ordinances to AUTHORIZE temporary encroachments into a portion of City-owned: a. Right-of-Way known as Sandfiddler Road adjacent to 2445 Sandfiddler Road re retain twelve(12)wood pile posts Deferred from November 9, 2021 (Request for Indefinite Deferral) b. Property known as 352 Tuna Lane and Sand Broad Inlet, and two (2) five feet (5) drainage and utility easements adjacent to 2813 Wood Duck Drive re construct and maintain vinyl bulkhead, marginal wharf, kayak ramp,fixed dock, boat lift and drive-on floating dock 5. Ordinance to AUTHORIZE reduction in the purchase price and for credit to offset development costs for 11.7 acres of City property on Bonney Road to be purchased by Olympia Development Corporation 6. Ordinance to APPROPRIATE$678,000 to Virginia Beach Volunteer Rescue Squad,Inc. re two (2) interest free loans to purchase three(3) replacement ambulances 7. Ordinances to ACCEPT and APPROPRIATE: a. $150,000 from What Works Cities to FY 2021-22 Economic Development Operating Budget re Early Childhood Language Development Implementation Grant b. $53,080 from the Virginia Department of Social Services to FY 2021-22 Human Services Operating Budget re Adult Protective Services Program 8. Ordinance to TRANSFER$681,569 to Capital Project#100581 "Crime Prevention Through Environmental Design"re renovation of the Second Precinct Police Substation December 7, 2021 26 AGENDA REVIEW SESSION ITEM#72274 (Continued) J. ORDINANCES/RESOLUTION: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4a WILL BE CONSIDERED FOR INDEFINITE DEFERRAL VICE MAYOR WILSON FILED A DISCLOSURE FOR ITEM#6 ITEM#8 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL December 7, 2021 27 AGENDA REVIEW SESSION ITEM#72274 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. MURPHY'S OF VIRGINIA BEACH/STEPHEN YUEN YEE FAMILY, LLC for a Special Exception for Alternative Compliance re convert a portion of parking lot into permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6 — BEACH (Deferred from October 19, 2021) 2. 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 November 9, 2021) 3. THE FRIENDS SCHOOL for a Modification of Conditions re reduce acreage and expansion of the existing administration building; the construction of an outdoor stage, classrooms and shaded art patio at 1537 Laskin Road DISTRICT 6—BEACH 4. 1537,LLC for a Modification of Conditions re reduce acreage for private school at 1537 Laskin Road DISTRICT 6—BEACH 5. HACKERS, LLC/POTTER PROPERTIES GROUP, LLC for a Conditional Change of Zoning from B-1 Neighborhood Business District to Conditional B-2 Community Business District re convert an existing vacant building into an eating and drinking establishment with virtual golf simulators at 1532 Laskin Road DISTRICT S—LYNNHAVEN 6. JOSE M. RIVERA/K& P ENTERPRISES, LLC for a Conditional Use Permit re tattoo parlor at 549 Newtown Road, Suite 109 DISTRICT 2—KEMPSVILLE 7. WINNER'S PROPERTIES,LLC/THE RUNNYMEDE CORPORATION for a Conditional Use Permit re motor vehicle sales& service at 3736 Sentara Way DISTRICT 3—ROSE HALL 8. JAMES D. WHITE REVOCABLE LIVING TRUST for Conditional Use Permit re short term rental at 40718h Street, Unit A DISTRICT 6—BEACH 9. Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Storm water Impacts for Discretionary Land Use Applications 10. NIMMO UNITED METHODIST CHURCH for a Certificate of Appropriateness re appeal of Historical Review Board Decision at 2040 Nimmo Church Lane DISTRICT 7—PRINCESS ANNE December 7, 2021 28 AGENDA REVIEW SESSION ITEM#72274 (Continued) K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#5 ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#9 WILL BE CONSIDERED FOR DEFERRAL TO JANUARY 4,2022 ITEM#10 WILL BE CONSIDERED FOR WITHDRAWAL December 7, 2021 29 ITEM#72275 Vice Mayor Wilson 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: 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). • Lynch v. City of Virginia beach and Officer Simmons 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 • Princess Anne District • Beach District • Beach District 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) • Pembroke Mall • Bonney Road PROSPECTIVE BUSINESS OR INDUSTRY: Discussion or consideration of the investment of public funds where competition or bargaining is involved, where if make public initially, the financial interest of the governmental unit would be adversely affected pursuant to Section 2.2-3711(A)(6). • Project Coastal December 7, 2021 30 ITEM#72275 (Continued) 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 December 7, 2021 31 ITEM#72275 (Continued) Upon motion by Council Member Jones, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 4:29 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer Closed Session 4:29 P.M. — 6:00 P.M. December 7, 2021 32 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL DECEMBER 7, 2021 6:05 P.M. Vice Mayor Wilson called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, December 7, 2021, at 6:05 P.M Vice Mayor Wilson advised Mayor Dyer had surgery on December 3rd and has been informed he is getting better every day and asked for prayers for him and his family. Council Members Present: Michael F. Berlucchi,Linwood O. Branch, 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: Mayor Robert M. Dyer-Ill INVOCATION: Chaplain Sanford(Sandy)Marks, CPA, CFLO Virginia Beach Police Department 2"d Precinct&ECCS Coordinator PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. December 7, 2021 33 Vice Mayor 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 identibi 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. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record. December 7, 2021 34 ITEM— VLE CERTIFICATION ITEM#72276 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Linwood O. Branch, 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: Mayor Robert M. Dyer *Council Member Moss stepped out of the Closed Session during the Project Coastal discussion due to a conflict of interest. December 7, 2021 tP Gs c, 5 (fe J OF OOR NwoO5 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#72275 on Page 31 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. 'AAA A IIPFnda Barnes gl C City Clerk December 7, 2021 35 ITEM— VLF.1 MINUTES ITEM#72277 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 16,2021 Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, 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 Abstaining: Michael F. Berlucchi Council Members Absent: Mayor Robert M. Dyer December 7, 2021 36 ITEM— VLF.2 MINUTES ITEM#72278 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED the MINUTES of the SPECIAL SESSION of November 23, 2021 Voting: 8-0 Council Members Voting Aye: Michael F.Berlucchi, Linwood O. Branch, Barbara M. Henley,N.D. "Rocky"Holcomb, Louis R. Jones,John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Abstaining: Aaron R. Rouse Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer December 7, 2021 37 ITEM— VLG.1 PUBLIC COMMENT ITEM#72279 Vice Mayor Wilson DECLARED A PUBLIC COMMENT: 35th STREET PUBLIC PARKING PROPOSAL The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Vice Mayor Wilson CLOSED the PUBLIC COMMENT December 7, 2021 38 ITEM— VLH.la-j PUBLIC HEARING ITEM#72280 Vice Mayor Wilson DECLARED a PUBLIC HEARING: PROPOSED PROPERTY TAX EXEMPTIONS a. The Cole Academy Preschool, Inc. b. Mutts with a Mission c. Shakyamuni Buddhist Meditation Monastery d. Hampton Roads VegFest e. New Light Community Outreach f Wild Baby Raccoon Rescue g. Wave College Inc. t/a Wave Leadership College h. Your Wellness Inc. i. Discover Courage j. Junior Achievement of Greater Hampton Roads, Inc. The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Vice Mayor Wilson CLOSED the PUBLIC HEARING December 7, 2021 39 ITEM— VLI FORMAL SESSION AGENDA ITEM#72281 Vice Mayor Wilson 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 to Ordinances/Resolution J: 1 a/b, 4a/b, 5, 6, 7a/b and 8 and Planning Items K: 2, 3, 4, 5, 6, 8, 9 and 10 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolution J: la/b, 4a (DEFERRED INDEFINITELY) 4b, 5, 6, 7a/b and 8 (DEFERRED INDEFINITELY) and Planning Items K: 2, 3, 4, 5, 6, 8 (DEFERRED INDEFINITELY), 9 (DEFERRED TO JANUARY 4, 2022) and 10 (APPROVED FOR WITHDRAWAL) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Linwood O.Branch, 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: Mayor Robert M. Dyer J. ORDINANCES/RESOLUTION: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY VICE MAYOR WILSON FILED A DISCLOSURE FOR ITEM#6 K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#5 ITEM#7 WILL BE CONSIDERED SEPARATELY December 7, 2021 40 ITEM— VI.J.1a ORDINANCES/RESOLUTION ITEM#72282 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: a. 2-83 re City holidays Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 1 AN ORDINANCE TO AMEND § 2-83 OF THE CITY CODE 2 PERTAINING TO HOLIDAYS 3 4 Section Amended: § 2-83 5 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 8 OF VIRGINIA BEACH, VIRGINIA: 9 10 1. The City Code of the City of Virginia Beach is hereby amended and reordained 11 to amend § 2-83 to read as follows: 12 13 Sec. 2-83. — Holidays. 14 15 (a) The following days are designated as full-paid "holidays" and shall be so 16 observed by the city. All permanent and probational merit employees shall be 17 covered by the provisions of this section. 18 19 (1) The first day of January (New Year's Day). 20 (2) The third Monday in January (Martin Luther King Day). 21 (3) The last Monday of May (Memorial Day). 22 (4) The nineteenth day of June (Juneteenth). 23 (5) The fourth day of July (Independence Day). 24 (6) The first Monday of September (Labor Day). 25 (7) The eleventh day of November (Veterans Day). 26 (8) The fourth Thursday of November (Thanksgiving Day). 27 (9) The day after the fourth Thursday of November (the day after 28 Thanksgiving Day). 29 (10) The twenty-fourth day of December (Christmas Eve). 30 (11) The twenty-fifth day of December (Christmas Day). 31 (12) Three (3) flexible personal holidays (to be taken as a personal, 32 national, religious or other holiday the city does not observe). Part-time 33 employees shall not be eligible for these holidays. 34 35 If any holiday enumerated in subsections (1) through (114-9) above falls on 36 a Saturday or Sunday, the city manager shall determine when the holiday 37 will be observed in accordance with City policy. 38 employees and the public at I an 39 day 40 enumerated in subsections (1) through (0) above falls on a Saturday, the 41 42 43 44 45 (b) In addition to the holidays prescribed in subsection (a) above, any other 46 day so declared by the mayor shall be a holiday. 47 48 (c) Part-time employees shall receive time off with pay for the proportionate 49 part of the day which would have normally been worked. 50 51 (d) Employees who have been in a nonpay status for more than fourteen 52 (14) days prior to any holiday shall not be eligible for compensation for 53 holidays subsections (1) through (11) listed in paragraph (a) above. 54 55 2. The City Manager is hereby authorized to make such transfers of existing 56 appropriations to offset any increased costs (such as overtime) related to the 57 City holiday authorized herein. Adopted by the Council of the City of Virginia Beach, Virginia this 7 t h day of December , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ieP%Gtt Human Resources City Attorney's Office CA 15562 R-1 October 13, 2021 41 ITEM— VLJ.1b ORDINANCES/RESOLUTION ITEM#72283 Upon motion by Council Member Jones,seconded by Council Member Moss, City Council ADOPTED,BY CONSENT, Ordinance to AMEND City Code Section: b. 2-84, 2-85 re annual and personal leave and 2-101 re defining Full- Time Employee Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 1 AN ORDINANCE TO AMEND SECTIONS 2-84, 2 2-85 AND 2-101 OF THE CITY CODE 3 PERTAINING TO ANNUAL AND PERSONAL 4 LEAVE AND DEFINING "FULL-TIME 5 EMPLOYEE" 6 7 SECTIONS AMENDED: §§ 2-84, 2-85 AND 2- 8 101 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Sections 2-84, 2-85 and 2-101 of the Code of the City of Virginia Beach, 14 Virginia, are hereby amended and reordained to read as follows: 15 16 Sec. 2-84. Annual and personal leave—Schedule of earning. 17 All full-time City of Virginia Beach employees hired before January 1, 2014 who have 18 not opted to participate in the hybrid retirement plan, all employees eligible to receive 19 enhanced retirement benefits in hazardous duty positions all employees hired on or after 20 January 1, 2014 with Virginia Retirement System creditable service, and all part-time 21 employees hired prior to July 1, 1996, shall earn annual leave and, with supervisory 22 approval, may utilize annual leave upon accrual as follows: 23 (1) All full-time employees or appointees who are scheduled to work forty (40) hours 24 or more hours per consecutive workweek or eighty (80) hours or more per 25 consecutive pay period if exempt under or excluded from the Fair Labor 26 Standards Act of 1938, or are sworn law enforcement officers assigned to a 27 fourteen day work period, excluding firefighters assigned to fifty six (56) hours 28 per workweek positions a twenty-one day work period, shall be credited with: 29 (a) Eight (8) hours per month for each month of employment for employees 30 having accrued the equivalent of less than five (5) years of full-time 31 employment. 32 (b) Ten (10) hours per month for each month of employment for employees 33 having accrued the equivalent of five (5) or more years, but less than ten 34 (10) years, of full-time employment. 35 (c) Twelve (12) hours per month for each month of employment for employees 36 having accrued the equivalent of ten (10) or more years, but less than fifteen 37 (15) years, of full-time employment. 38 (d) Fourteen (14) hours per month for each month of employment for 39 employees having accrued the equivalent of fifteen (15) or more years, but 40 less than twenty (20) years, of full-time employment. 41 (e) Sixteen (16) hours per month for each month of employment for employees 42 having accrued the equivalent of twenty (20) or more years of full-time 43 employment. 44 (2) All firefighters assigned to 56 hour per workweek positions a twenty-one day 45 work period shall be credited with: 46 (a) Eleven and two-tenths (11.2) hours per month for each month of 47 employment for employees having accrued the equivalent of less than five 48 (5) years of full-time employment. 49 (b) Fourteen (14) hours per month for each month of employment for 50 employees having accrued the equivalent of five (5) or more years, but less 51 than ten (10) years, of full-time employment. 52 (c) Sixteen and eight-tenths (16.8) hours per month for each month of 53 employment for employees having accrued the equivalent of ten (10) or 54 more years, but less than fifteen (15) years, of full-time employment. 55 (d) Nineteen and six-tenths (19.6) hours per month for each month of 56 employment for employees having accrued the equivalent of fifteen (15) or 57 more years, but less than twenty (20) years, of full-time employment. 58 (e) Twenty-two and four-tenths (22.4) hours per month for each month of 59 employment for employees having accrued the equivalent of twenty (20) 60 years or more of full-time employment. 61 (3) Part-time employees employed prior to July 1, 1996, shall continue to be credited 62 with annual leave on a basis proportionate to that awarded full-time employees 63 as set forth in subsection (1) above. Part-time employees employed on or after 64 July 1 , 1996, will accrue a maximum of eight (8) hours of personal leave per 65 month prorated based on the number of hours worked; provided, however, that 66 the provisions of subsection (1) above shall not be applicable to part-time 67 employees. Part-time employees who have worked the equivalent of six (6) 68 calendar months may utilize accrued personal leave, with supervisory approval. 69 (4) Records shall be kept within each department of the annual leave accumulated 70 and taken by each employee within such department; and at the end of each 71 calendar month, a leave report shall be submitted to the department of human 72 resources. 73 (5) Under no circumstances shall annual leave be granted in advance of its accrual 74 or paid in lump sum except upon termination of employment. 75 (6) When an employee is in a nonpay status for portions of a calendar month, then 76 annual leave accrual for such month shall be reduced accordingly by the director 77 of human resources to reflect the employee's nonpay status. 78 (7) All full-time City of Virginia Beach employees hired on or after January 1, 2014, 79 with the exception of employees eligible for enhanced retirement benefits in 80 hazardous duty positions and employees hired with Virginia Retirement Service 81 creditable service, and employees hired before January 1 , 2014 who have opted 82 to participate in the hybrid retirement plan, shall receive paid time off in lieu of 83 annual leave as set forth in the applicable City of Virginia Beach Human 84 Resources policy. Any and all future changes to paid time off shall be subject to 85 City Council approval. 86 87 Sec. 2-85. Same—Taking not required; limitations on accumulation. 88 (a) No employee shall be required to take annual leave. No employee shall be paid for 89 unused annual leave except upon termination of employment. Upon termination, 90 employees shall be paid straight time for accrued annual leave, and payment shall 91 be processed as expeditiously as possible. No employee shall be allowed to carry 92 more than four hundred (400) hours of accumulated annual leave from one calendar 93 year to the next if the employee is scheduled to works-a forty-hours or more per 94 consecutive workweek, or eighty (80) hours or more per consecutive pay period if 95 exempt under or excluded from the Fair Labor Standards Act of 1938, or is a sworn 96 law enforcement officer assigned to a fourteen day work period, excluding firefighters 97 assigned to a twenty one day work period. No firefighter assigned to a twenty-one 98 day work period shall be allowed to carry more than five hundred sixty (560) hours of 99 accumulated annual leave from one calendar year to the next if the employee works 100 a fifty six hour workweek, allor shall any employee who terminates employment with 101 the city receive pay for more than four hundred (400) hours of accumulated annual 102 leave if the employee is scheduled to works-a forty-hours or more per consecutive 103 workweek, or eighty (80) hours or more per consecutive pay period if exempt under 104 or excluded from the Fair Labor Standards Act of 1938, or is a sworn law enforcement 105 officer assigned to a fourteen day work period; or five hundred sixty (560) hours of 106 accumulated annual leave if the employee is a firefighter assigned to a twenty-one 107 day work period. 108 (b) Part-time employees hired on or after July 1 , 1996, shall not be allowed to carry more 109 than fifty four (54) one hundred twelve (112) hours of accumulated personal leave 110 from one calendar year to the next, nor shall part-time employees receive any 111 monetary payout upon termination of employment for their accumulated personal 112 leave. 113 . . . . 114 115 Sec. 2-101. Definitions. 116 For the purposes of this division, unless otherwise indicated, the following terms shall 117 have the meanings respectively ascribed to them in this section: 118 Class: A grouping of jobs having similar duties and responsibilities, requiring similar 119 knowledge, skills and abilities, and demanding similar qualifications so that the jobs may 120 be appropriately titled and described, and the employees performing such jobs may be 121 equally compensated. 122 Full-time employee: A city employee who is scheduled to actually work forty (40) 123 hours or more per consecutive workweek or eighty (80) hours or more per consecutive 124 pay period if exempt under or excluded from the Fair Labor Standards Act of 1938; a 125 sworn law enforcement officer assigned to a fourteen day work period; and a firefighter 126 assigned to a twenty-one day work period. 127 Part-time employee: A city employee who is scheduled to actually work less than 128 forty (40) hours per consecutive work week, or a city employee who is scheduled to 129 actually work forty (40) hours per consecutive work week for less than fifty-two (52) 130 consecutive weeks. 131 Permanent employee: A full-time city employee who has completed the required 132 probation period as provided in section 2-108. 133 Probation employee: A full-time city employee who is has not completed the required 134 probation period as provided in section 2-108. 135 Range: The minimum through maximum salary levels assigned to a class. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of December , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: AeilLut 4,?,,t. Human Resources City torney's Office CA15544 R-5 December 1, 2021 42 ITEM— VLJ.2 ORDINANCES/RESOLUTION ITEM#72284 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in SUPPORT Tammie Mullins-Rice, 1010 Barnacle Court, Phone: 630-7097, requested deferral Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT Vernon Harris, 209 Shipps Lane, Phone: 472-2880, requested deferral After City Council discussion, Council Member Wooten made a motion, seconded by Council Member Berlucchi, to INDEFINITELY DEFER Resolution to DESIGNATE Birdneck Road in memory of E. George Minns(Requested by Council Member Wooten) Council Member Jones then made a SUBSTITUTE MOTION, to REMOVE Resolution to DESIGNATE Birdneck Road in memory of E. George Minns(Requested by Council Member Wooten)from the Agenda. As there was no second, the motion FAILED Upon motion by Council Member Wooten, seconded by Council Member Berlucchi, City Council INDEFINITELY DEFERRED Resolution to DESIGNATE Birdneck Road in memory of E. George Minns(Requested by Council Member Wooten) Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 43 ITEM— VLJ.3 ORDINANCES/RESOLUTION ITEM#72285 The following registered to speak.• Barbara Messner, P. O. Box 514, spoke in OPPOSITION Sandy Frazier, 1506 Meridian Way, Phone: 540-270-1057, spoke in OPPOSITION Shenina Francis, 4503 High Street West, Portsmouth, Phone: 581-7357, spoke in SUPPORT Roger Schoonover, 1105 White Stone Way, Phone: 636-9591, spoke in SUPPORT Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Reverend Jeromie Dalziel, 3504 Norfeld Court, Phone: 802-324-5665, spoke in OPPOSITION Robert Dean, 1204 Shawn Drive, Phone: 287-8694, spoke in OPPOSITION Victoria Nicholls, 1124 Mill Lake Quarter, Phone: 410-0008, did not respond Joel Jones, 2113 Kindness Court, Phone: 573-2124, spoke in SUPPORT Upon motion by Council Member Branch, seconded by Council Member Jones, City Council ADOPTED, Ordinance to AUTHORIZE the City to participate in a Firearm Buyback Program and DESTROY surrendered firearms(Requested by Council Members Branch and Jones) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 REQUESTED BY COUNCILMEMBERS BRANCH AND JONES 1 AN ORDINANCE AUTHORIZING THE CITY TO 2 PARTICIPATE IN A FIREARM BUYBACK 3 PROGRAM AND DESTROY SURRENDERED 4 FIREARMS 5 6 WHEREAS, Virginia law authorizes localities to participate in firearm buyback 7 programs where individuals may be given a thing of value in exchange for surrendering 8 a firearm to the locality; and 9 10 WHEREAS, such surrendered firearms shall be received and destroyed by the 11 Police Department consistent with Virginia law, removing unwanted guns off our streets 12 and ensuring a safer community; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. The City is hereby authorized to participate in a firearm buyback program, 18 consistent with Section 15.2-915.5 of the Code of Virginia as amended; and 19 2. The Police Department is authorized to receive and destroy such firearms 20 in accordance with Section 15.2-915.5 of the Code of Virginia as amended; 21 and 22 3. The City Manager is authorized to enter into memoranda of understanding 23 with private entities that may organize and partner with the City on such 24 buyback programs, if necessary or prudent, in a form approved by the City 25 Attorney. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of December , 2021 APPROV AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: cUAQ -(6,_Q_er„ Police epartment City Attorney's Office U yf CA15568 R-2 November 24, 2021 44 ITEM— VLJ.4a ORDINANCES/RESOLUTION ITEM#72286 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DEFERRED INDEFINITELY,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned: a. Right-of-Way known as Sandfiddler Road adjacent to 2445 Sandfiddler Road re retain twelve(12) wood pile posts Deferred from November 9, 2021 (Request for Indefinite Deferral) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 45 ITEM— VI.J.4b ORDINANCES/RESOLUTION ITEM#72287 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned: b. Property known as 352 Tuna Lane and Sand Broad Inlet, and two (2) five feet (5) drainage and utility easements adjacent to 2813 Wood Duck Drive re construct and maintain vinyl bulkhead, marginal wharf kayak ramp,fixed dock, boat lift and drive-on floating dock Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O.Branch, 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: Mayor Robert M. Dyer December 7, 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 352 TUNA LANE 7 AND SAND BROAD INLET, AND TWO 5' 8 DRAINAGE AND UTILITY EASEMENTS, 9 ALL LOCATED ADJACENT TO 2813 10 WOOD DUCK DRIVE 11 12 WHEREAS, Thomas J. Low and Stephanie P. Low (the "Lows") have 13 requested permission to construct and maintain 102 linear feet of vinyl bulkhead, 6' x 50' 14 marginal wharf, 6' x 10' kayak ramp, 12' x 12' fixed dock, 12' x 12' boat lift, and 11'8" x 15 23'4" drive-on floating dock (collectively, the "Encroachments") within the City's property 16 known as 352 Tuna Lane a/k/a Sand Broad Inlet (GPIN: 2433-27-3415), and two existing 17 drainage and utility easements, located adjacent to the Low's property at 2813 Wood Duck 18 Drive (GPIN: 2433-25-1881); and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's property and easements subject to such terms and conditions as Council may 23 prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Lows, their heirs, assigns 30 and successors in title are authorized to construct and maintain the Encroachments within 31 the City's property and easements as shown on the map entitled: "EXHIBIT 'A' 32 ENCROACHMENT REQUEST FOR: REPLACEMENT BULKHEAD, MARGINAL WHARF, 33 FIXED DOCK, FLOATING DOCK, UNCOVERED BOAT LIFT, KAYAK RAMP," having a 34 Scale of 1" = 30', dated October 13, 2021, and prepared by Sigma Environmental Service, 35 Inc., a copy of which is attached hereto as Exhibit A, and on file in the Department of Public 36 Works and to which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 39 to those terms, conditions and criteria contained in the agreement between the City of 40 Virginia Beach and the Lows (the "Agreement"), an unexecuted copy of which has been 41 presented to the Council in its agenda, and will be recorded among the records of the 42 Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Lows and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th 52 day of December , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 3 B' IC W RKS, REAL ESTATE DA_ RMEYER S NIOR ITY ATTORNEY CA15399 R-1 Prepared: 10/20/2021 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d015\p040\00764318.doc PLAN VIEW SAND BROAD INLET—AKA-352 TUNA LANE FLOOD SCALE: 1" = 30' 11 EBB\ MARGINAL DRIVE-ON FLOATING DOCK MHW—MHW WHARF FIXED DOCK-12'X 12' M8103P24 N/F CITY OF VIRGINIA ='290' [4 12 o , 12' , BEACH PROPOSED 102'BULKHEAD SAND BROAD INLET Jr KAYAK GPIN 2433-27-3415 RAMP 12' BOAT LIFT _ 23'4" MB 103 P24 jr _ ' 2.5' 6 3 11 1 • . ` .", T� ii PL '...---4,...:- a 44 0.1N 10'43'W"10P.00 . 1.14 r3iV c `; 10 50 ` 11'8° I MHW&MLW ON FACE OF .'-' *' .`�P 5 01111' ``�, on�n ' EXISTING BULKHEAD �� EXISTING BULKHEAD TO / • 111111111W AINP REBUT LOWERED APPROXIMATELY �Z� ` �` i I 1-FOOT I , #28 3F 5-FT.DRAINAGE AND / 5-FT DRAINAGE AND UTILITIES EASEMENT--4110- �� UTILITIES EASEMENT r C o C I ti i I LOT 145 LOT 146 LOT 144 N/F DAVID L.MULHERIN& Cr � N/F THOMAS J.LOW& z N/F MARTHA KAY FERGUSSON& MARY A.NAEGELE "' Ze z STEPHANIE P.LOW MARY M.FERGUSSON SANDBRIDGE SHORES 0 SANDBRIDGE SHORES SANDBRIDGE SHORES NORTH SECTION 1B SECTION 1B NORTH SECTION 1B NORTH MP CTION4 ,r MB 103 P 24 `/.`:i`. MP 103 P24 103 PGPIN 2433-25 2701 2433-25-1881 • GPIN 2433-25-1950 INSTR.#202103028897 INSTR.#202100016527 INSTR.#20110715000706550 DB 3749 PG 1756 p1 �l /F� S 10°43'E 100.00' 179.60'TO TIINA IN 0. WOOD DUCK DR. (50'R/W) SCALE:1"=30' MB 103 P 24 0 10 20 30 I 1 E SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 PHONE:757 615-9974 EXHIBIT"A" WATERWAY: SAND BROAD INLET PROJECT:REPLACEMENT BULKHEAD, ENCROACHMENT REQUEST FOR: MARGINAL WHARF,FIXED DOCK, REPLACEMENT BULKHEAD. FOR: THOMAS J.LOW FLOATING BOAT DOCK, UNCOVERED MARGINAL WHARF, FIXED DOCK, LOT 145,SANDBRIDGE SHORES NORTH BOAT LIFT,KAYAK RAMP FLOATING DOCK, UNCOVERED BOAT SECTION 1B NORTH LIFT, KAYAK RAMP GPIN:2433-25-1881 MB 103 P 24 DATUM: 0.00'MLW=-1.3'NAVD 1988 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 g0 day of OCOb( , 202 t , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS J. LOW and STEPHANIE P. LOW, 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 "145," as shown on that certain plat entitled: "SANDBRIDGE SHORES, SECTION 1 B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," prepared by Palmer L. Smith, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 2813 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain 102 linear feet of vinyl bulkhead, 6' x 50' marginal wharf, 6' x 10' kayak ramp, 12' x 12' fixed dock, 12' x 12' boat lift, and 11'8" x 23'4" drive-on floating dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 2433-27-3415 (CITY-OWNED PROPERTY - 352 TUNA LANE) 2433-25-1881 (2813 WOOD DUCK 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 Sand Broad Inlet a/k/a 352 Tuna Lane and two existing drainage and utility easements, collectively 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: REPLACEMENT BULKHEAD, MARGINAL WHARF, FIXED DOCK, FLOATING DOCK, UNCOVERED BOAT LIFT, KAYAK RAMP," having a Scale of 1" = 30', dated October 13, 2021 , and prepared by Sigma Environmental Services, Inc., 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 ail 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 attomey'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, Thomas J. Low and Stephanie P. Low, 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 GRANTEE: d/ Thomas J. do_\ Stephanie P. Low STATE OF '1•r5k ` ° CITY/COUNTY OF U;tie;14. , to-wit: The foregoing instrument was acknowledged before me this day of b er , 20 2i, by Thomas J. Low and hanie P. Low. lee D (SEAL) Notary Public ry 9 J g 3o DENISE RESKOVAC LINCH Nota Re istration Number: J s NOTARY PUBLIC COMMONWEALTH OF VIflGINIA MY COMMISSION EXPIRES NOV.30.2022 �.�.� �_T_t� � COMMISSION N 7583059 My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL S CIENCY AND FORM C.a,L0 B C Wt7RKSIREAL ESTATE AN . S O ATTORNEY 7 PLAN! VIEW SAND BROAD INLET AKA-352 TUNA LANE FLOODS SCALE: 1" = 30' 41 EBB\ MARGINAL DRIVE-ON FLOATING DOCK MHW-MHW WHARF FIXED DOCK-12'X 12' + 4.48103 P 24 N/F CITY OF VIRGINIA =-290' 1412' poi I_ 12'BEACH �_ l� —� PROPOSED 102'BULKHEAD SAND BROAD INLET ♦ KAYAK 'I 23'4" GPIN 2433-27-3415 RAMP 12' BOAT LIFT a"_ MB103P24 I r2.5' • II' T PL _4; •z N 10'43• lop.00' Y'r i `` a a,. .. 10' SD' ` 11'8" MHW&MLWONFACEOF ;1�:�. /f '11 ilk , oo, EXISTING BULKHEAD fr- C'.?._ // of/' EXISTING BULKHEAD TO } �/' / REMAIN INPLACE BUT i LOWERED APPROXIMATELY l 1.- i 1� ` �� 1 FOOT z-sT SF 1 •'� #2813 ....��i 5-FT.DRAINAGE AND N-- 5 FT DRAINAGE AND UTILITIES EASEMENT—H. //. UTILITIES EASEMENT mum `°: : s Ft c g Is LOT 145 • n LOT 146 z LOT 14427 N/F THOMAS J.LOW& N/F MARTHA KAY FERGUSSON& J N/F DAVID L.MULHERIN& ,, z STEPHANIE P.LOW MARY M.FERGUSSON MARY A.NAEGELE SANDBRIDGE SHORES SANDBRIDGE SHORES NORTH SANDBRIDGE SHORES O� SECTION 18 NORTH SECTION 1B NORTH SECTION 1B a MB 103 P 24 j'.r.:-:'. MP 103 P24 MP 103 P 24 " 2433-25-1881 GPIN 2433-25-1950 GPIN 2433 25-2701 INSTR.#20110715000706550 INSTR.#202103028897 INSTR.#202100016527 DB 3749 PG 1756 F'\ 6 S 10°43'E 100.00' 125 60'To TUNA I N ! WOOD DUCK DR. (50'R/W) SCALE:1"=30' MB 103 P 24 0 10 20 30 ( 1 E SIGMA ENVIRONMENTAL SERVICES,INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 PHONE:757 615-9974 EXHIBIT"A" WATERWAY:SAND BROAD INLET PROJECT:REPLACEMENT BULKHEAD, ENCROACHMENT REQUEST FOR: MARGINAL WHARF, FIXED DOCK, REPLACEMENT BULKHEAD, FOR: THOMAS J. LOW FLOATING BOAT DOCK, UNCOVERED MARGINAL WHARF, FIXED DOCK, LOT 145,SANDBRIDGE SHORES NORTH BOAT LIFT, KAYAK RAMP FLOATING DOCK, UNCOVERED BOAT SECTION 1B NORTH LIFT, KAYAK RAMP GPIN:2433-25-1881 MB 103 P 24 DATUM: 0.00'MLW=-1.3'NAVD 1988 46 ITEM— VLJ.5 ORDINANCES/RESOLUTION ITEM#72288 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE reduction in the purchase price and for credit to offset development costs for 11.7 acres of City property on Bonney Road to be purchased by Olympia Development Corporation Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi,Linwood O.Branch, 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: Mayor Robert M. Dyer December 7, 2021 1 AN ORDINANCE AUTHORIZING 1)A REDUCTION 2 IN THE PURCHASE PRICE AND 2) A CREDIT TO 3 OFFSET DEVELOPMENT COSTS FOR 11.7 4 ACRES OF CITY PROPERTY LOCATED ON 5 BONNEY ROAD TO BE PURCHASED BY 6 OLYMPIA DEVELOPMENT CORPORATION 7 8 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property located 9 on Bonney Road, consisting of approximately 11.7 acres (GPIN: 1477-52-4516) (the 10 "Property"); 11 12 WHEREAS, on June 4, 2019, City Council approved the sale of the Property to 13 Olympia Development Corporation ("Olympia") for $2,312,000; 14 15 WHEREAS, in connection with the sale to Olympia, on May 21, 2019, the City of 16 Virginia Beach Development Authority ("VBDA") approved an award of $625,000 under 17 Part B of the City's Economic Development Investment Program ("EDIP"); 18 19 WHEREAS, the EDIP funds were intended to offset costs associated with road 20 improvements, wetland mitigation, sanitary sewer and stormwater improvements; 21 22 WHEREAS, due to increased and unanticipated site and development costs, 23 Olympia has asked the City to consider a reduction in the purchase price to $1 ,700,000; 24 25 WHEREAS, to further offset the stormwater, utility and road improvement costs 26 associated with the development of the Property, Olympia has asked the City to consider 27 a credit against the purchase price up to $625,000 (the "Credit") for the actual verified 28 costs expended; 29 30 WHEREAS, Olympia has also represented that it may develop the Property 31 exclusively for residential use, which would not qualify for an EDIP award, accordingly, 32 the EDIP will be terminated by the Authority and replaced by the Credit; and 33 34 WHEREAS, the City Council is of the opinion that the sale of the Property at the 35 reduced purchase price and approval of the Credit is in the City's interests. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the City Manager, or his authorized designee, is hereby authorized to 41 execute any and all documents necessary to amend the purchase agreement to reduce 42 the purchase price of the Property being sold to Olympia to $1 ,700,000, and to authorize 43 a credit of up to $625,000 against the purchase price for the reimbursement of actual 44 verified wetland mitigation, sanitary sewer and stormwater infrastructure and road 45 improvement costs attributable to the development of the Property. 46 46 This Ordinance shall be effective from the date of its adoption. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day of 49 December 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: (i/i/f(70-6-/—Th City Attorney Economic Development CA15405 \Ivbgov.comldfs 1\applications\citylawlcycom32\wpdocs1d010\p042\00750607.docx R-1 November 30, 2021 47 ITEM— VLJ.6 ORDINANCES/RESOLUTION ITEM#72289 Upon motion by Council Member Jones,seconded by Council Member Moss, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$678,000 to Virginia Beach Volunteer Rescue Squad,Inc. re two (2) interest free loans to purchase three(3) replacement ambulances Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer *Vice Mayor Wilson filed a disclosure December 7, 2021 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 TWO INTEREST-FREE LOANS TO THE VIRGINIA BEACH 3 VOLUNTEER RESCUE SQUAD, INC. FOR THE 4 PURCHASE OF NEW AMBULANCES 5 6 WHEREAS, the Virginia Beach Volunteer Rescue Squad, Inc. has requested two 7 interest-free loan loans to purchase replacement ambulances with required equipment; 8 9 WHEREAS, the first loan of $221,000 will be made in December, and the second 10 loan of $457,000 will be made in January. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 1. $678,000 is hereby appropriated from the fund balance of the General Fund 16 for two interest-free loans to the Virginia Beach Volunteer Rescue Squad, 17 Inc. for the purchase of a replacement ambulances; and 18 19 2. A loan is hereby authorized in the amount of $221 ,000 to be repaid by the 20 Virginia Beach Volunteer Rescue Squad, Inc. over five (5) years, pursuant 21 to the terms of the attached agreement and promissory note, with payments 22 commencing November 15, 2022; and 23 24 3. A loan is hereby authorized in the amount of $457,000 to be repaid by the 25 Virginia Beach Volunteer Rescue Squad, Inc. over five (5) years, pursuant 26 to the terms of the attached agreement and promissory note, with payments 27 commencing January 15, 2023. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of December 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: s udget and Management Services ' Att rney's Office CA15652 R-2 December 1, 2021 PROMISSORY NOTE S221,000.00 Virginia Beach,Virginia December ,2021 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc., ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of TWO HUNDRED TWENTY-ONE THOUSAND DOLLARS AND ZERO CENTS ($221,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before November 15, 2022 - $44,200.00 On or before November 15, 2023 - $44,200.00 On or before November 15, 2024 - $44,200.00 On or before November 15, 2025 -$44,200.00 On or before November 15, 2026 -$44,200.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15%of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof,together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Virginia Beach Volunteer Rescue Squad, Inc. (SEAL) Title: Date: PROMISSORY NOTE $457,000.00 Virginia Beach,Virginia January ,2022 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc., ("Maker")promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of FOUR HUNDRED FIFTY-SEVEN THOUSAND DOLLARS AND ZERO CENTS ($457,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before January 15,2023 - $91,400.00 On or before January 15, 2024 - $91,400.00 On or before January 15, 2025 - $91,400.00 On or before January 15, 2026- $91,400.00 On or before January 15, 2027 - $91,400.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof,together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Virginia Beach Volunteer Rescue Squad, Inc. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia§§27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBIL1'I1hS OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s)according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s)in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. VIRGINIA BEACH VOLUNTEER RESCUE CITY OF VIRGINIA BEACH SQUAD,INC. City Manager/Authorized Designee By: Title: Date AI"I'EST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s) according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s) in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. VIRGINIA BEACH VOLUNTEER RESCUE CITY OF VIRGINIA BEACH SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 vni"���A eF 4= 3.1`�1UMIEEA EST.1952 Tax ID Number:54-6047133 October 1, 2021 Edward M. Brazle, Chief Virginia Beach Department of EMS 4160 Virginia Beach Blvd. Virginia Beach,VA 23452 Dear Chief Brazle: The Virginia Beach Volunteer Rescue Squad, Inc("VBVRS") is in the process of purchasing two ambulances for delivery in late 2021 at a cost of$221,366 each.These will be replacing two units, 1428 and 1429, both of which are 2010 models which have been recommended for replacement by the City Garage.One unit will be partially funded with the$185,000 City grant received earlier this year with the remainder funded with from existing squad reserves. We respectfully request a$221,000, 5-year interest-free loan in order to fund the 2nd ambulance.The ability to use the proceeds of a loan is important as it will avoid an immediate full-cost draw-down of the investments of both VBVRS and the Virginia Beach Rescue Squad Foundation. It is the earnings on the Foundation's endowment that fund the Foundation's city-wide recruitment program as well as the annual grant awards to other rescue squads,Marine Rescue Team and the SAR/Bike team. VBVRS continues to lead the volunteer EMS system with 147 Operational,52 Admin members and 14 BLS Interns. In addition,the squad responds to approximately one-third of EMS calls and routinely staffs other stations and lends ambulances to other squads when needed. Our ambulance committee has worked very hard in developing a best-value specification and has followed all City guidelines.We intend to continue our prudent replacement program over the coming years in order to keep our fleet up to date and provide the City with first class assets and service. Your consideration and assistance with this loan is greatly appreciated. Please feel free to call if you have any questions for the Squad. Sincerely, John Neumayer Chief,VBVRS VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. 740 VIRGINIA BEACH BLVD./VIRGINIA BEACH,VIRGINIA 23451 /PHONE 757-437-4830/FAX 757-437-0422 www.vbvrs.org To \tiD' C U� SaJQ \ EST.1952 Tax ID Number:54-6047133 November 16,2021 Edward M. Brazle, Chief Virginia Beach Department of EMS 4160 Virginia Beach Blvd. Virginia Beach,VA 23452 Dear Chief Brazle: The Virginia Beach Volunteer Rescue Squad, Inc("VBVRS")is in the process of purchasing two ambulances for delivery in January 2022 at a cost of$228,813 each.These will be replacing two units, 1423 and 1424, both of which are 2013 models and are nearing the end of their useful lives. We respectfully request a $457,000,5-year interest-free loan in order to fund these two ambulances. The ability to use the proceeds of a loan is important as it will avoid an immediate full-cost draw-down of the investments of both VBVRS and the Virginia Beach Rescue Squad Foundation. It is the earnings on the Foundation's endowment that fund the Foundation's city-wide recruitment program as well as the annual grant awards to other rescue squads, Marine Rescue Team and the SAR/Bike team. VBVRS continues to lead the volunteer EMS system with 147 Operational, 52 Admin members and 14 BLS Interns. In addition,the squad responds to approximately one-third of EMS calls and routinely staffs other stations and lends ambulances to other squads when needed. Our ambulance committee has worked very hard in developing a best-value specification and has followed all City guidelines.We intend to continue our prudent replacement program over the coming years in order to keep our fleet up to date and provide the City with first class assets and service. Your consideration and assistance with this loan is greatly appreciated. Please feel free to call if you have any questions for the Squad. Sincerely, John Neumayer Chief,VBVRS VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. 740 VIRGINIA BEACH BLVD./VIRGINIA BEACH, VIRGINIA 23451 /PHONE 757-437-4830/FAX 757-437-0422 www.vbvrs.org DISCLOSURE STATEMENT FORM • • The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Virginia Beach Volunteer Rescue Squad, Inc Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparation of Dixon Hughes Goodman tax returns Financial Services (include bank institutions, lending institutions, TowneBank and current mortgage holders as Janney Montgomery Scott applicable) x Legal Services Wolcott Rivers Gates CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X z/ APPLI ANT'S SIGNATURE John Neumayer, Chief r 11/16/2021 dium /Ve4,47ay---- PRINT NAME ` DATE \\stogy'com\ 1\Oepartmentse45\EMs Adminl000{MMI•SYc-FROCESs-AREA\suGPUE1-A(,REolBiR-MANAGEMFNT\supdierUxenY•Dvmtted ns\ems-d Cbsure-gatemMLOoa wmgo,.com1dh 11oeDa'tmenu\EM51EMs lbmn\000{MMI-SVciROCESs-ARESASUPPLIEA-AGREEMENT-MANAGEMENT\supplierVOC"-Pe+mttedrnAwn5-drsdasurcStatMmnt—fioabk.pd! ( City Of Virginia. Be2.Ci1 sa VW F` `rr' ;9'48 Gp OUR NA7\° VBgovconi ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCWIIson©vbgov.com COUNCIL MEMBER—AT-LARGE In Reply Refer to 0073702 December 7, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to appropriate funds to provide two interest-free loans to the Virginia Beach Volunteer Rescue Squad, Inc. for the purchase of new ambulances. 2. The rescue squad has disclosed that Dixon Hughes Goodman LLP ("DHG") is one of its service providers. 3. I have a personal interest in DHG because I received income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. DGH's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- December 7, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sinc ely, Rosemary A. Wilson Vice Mayor RAW/RRI 48 ITEM— VLJ.7a ORDINANCES/RESOLUTION ITEM#72290 Upon motion by Council Member Jones,seconded by Council Member Moss, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $150,000 from What Works Cities to FY 2021-22 Economic Development Operating Budget re Early Childhood Language Development Implementation Grant Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $150,000 FROM WHAT WORKS CITIES FOR AN 3 EARLY CHILDHOOD LANGUAGE DEVELOPMENT 4 IMPLEMENTATION GRANT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $150,000 is hereby accepted from What Works Cities and appropriated, with 10 miscellaneous grant revenue increased accordingly, to the FY 2021-22 Operating Budget 11 of the Department of Economic Development for year three of an early childhood 12 language development implementation grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day Of December , 2021 . Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A ey' ffice CA15649 R-1 November 22, 2021 49 ITEM— VI.J.7b ORDINANCES/RESOLUTION ITEM#72291 Upon motion by Council Member Jones,seconded by Council Member Moss, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $53,080 from the Virginia Department of Social Services to FY 2021- 22 Human Services Operating Budget re Adult Protective Services Program Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $53,080 2 FROM THE VIRGINIA DEPARTMENT OF SOCIAL 3 SERVICES FOR THE ADULT PROTECTIVE SERVICES 4 PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $53,080 is hereby accepted from the Virginia Department of Social Services and 10 appropriated, with revenue from the federal government increased accordingly, to the 11 Fiscal Year 2021-22 Operating Budget of the Department of Human Services for Adult 12 Protective Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of December , 2021. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /win"1 Budget and Management Services tt ey's Office CA15648 R-1 November 22, 2021 50 ITEM— VLJ.8 ORDINANCES/RESOLUTION ITEM#72292 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to TRANSFER $681,569 to Capital Project #100581 "Crime Prevention Through Environmental Design" re renovation of the Second Precinct Police Substation Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 51 ITEM— VLK.1 PLANNING ITEM#72293 The following registered to speak: Lisa Murphy, 440 Monticello Avenue#2200,Phone: 628-5540,Attorney for Applicant,spoke in SUPPORT David Feineis, 307 30t Street, spoke in SUPPORT Tyler Brooks, 2929 Arctic Avenue, Phone: 630-0249, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Morris Fine, 401 Parks Avenue#300, Phone: 422-1678, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, Application of MURPHY'S OF VIRGINIA BEACH/STEPHEN YUEN YEE FAMILY, LLC for a Special Exception for Alternative Compliance re convert a portion of parking lot into permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue DISTRICT 6 —BEACH(Deferred from October 19, 2021) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MURPHY'S OF VIRGINIA BEACH / STEPHEN YUEN YEE FAMILY, LLC for a Special Exception for Alternative Compliance re convert a portion of parking lot into permanent outdoor space dining area and space for new uses at 2914 Pacific Avenue(GPINs 1 45 79482 79, 1457947361)DISTRICT 6—BEACH(Deferred from October 19, 2021) The following conditions shall be required: 1. The Applicant shall orient the stage to face southeast, away from residential uses and all new, permanent structures shall substantially conform to the renderings depicted in "Murphy' Outdoor Exhibit,"dated August 27, 2021, by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. No amplified music shall be permitted outdoors between the hours of 11:00 p.m. and 10:00 a.m. 3. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, lighting, or overflow parking. 4. The stage walls shall incorporate multiple sound attenuation features including eight (8)- inch thick, grout filled CMU walls; a stucco insulation system; and a reinforced sound barrier in an effort to mitigate sound from activities on the site and to be in compliance with the standards in Chapter 23, Article II of the City Code. The height of the stage walls shall not exceed eight(8)feet and shall be soundproofed with acoustic foam paneling. 5. A parking validation agreement for at least thirteen (13)parking spaces shall be maintained at the 31'Street Parking Garage with Republic Parking System or in a location as approved by the Zoning Administrator. December 7, 2021 52 ITEM— VLK.1 PLANNING ITEM#72293 (Continued) 6. An off-site parking agreement for at least fifteen (15)parking spaces shall be maintained at the "Parking Parcel" indicated in the attached agreement. The applicant shall be responsible for maintaining this agreement or provide fifteen(15)parking spaces in another location as approved by the Zoning Administrator. 7. A minimum of ten (10) bicycle parking spaces shall be provided on site. 8. Landscaping shall substantially conform to the renderings depicted in the "Murphy's Outdoor Dining Landscape Plan,"dated August 6,2021, by Winn, Winn&Associates, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 9. Four(4)replacement London Plane trees or large street trees of a species acceptable to the DSC Landscape Architect shall be planted in the verge between the sidewalk and 30t Street. The trees shall be placed in conformance with the "Planting Plan, 301h Street," dated December 14, 2005, by WPL, which is on file with the City of Virginia Beach Department of Public Works and Engineering Division and is shown on page 16 of this report. The trees shall have a minimum caliper of two and a half inch (2 %') at breast height at the time of planting. 10. The maximum number of special events permitted on site each year shall be fifteen (15). This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of December Two Thousand Twenty One. Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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 Voting Nay: Barbara M. Henley Council Members Absent: Mayor Robert M. Dyer December 7, 2021 I \,, "I lip , \ w " OR OR' \ \ J .I..P„--- t-a toa 1 ,� Skto 1 , , , ; v-_-_-,- . -0, _ - - \r ire �• g4. ____ cl0 s,,_ --------- c,$).y— OR t \ il tic S-t e OR 0Y-1 4. 1- ' O 3, IP ,,� 4 -treet OR li cD� 0 OR \�O77j) oThi 1 ORS p1h Stree fee-- ---- t' \ OR , st\\ Je--------- ' ---\11 OR -- / -o n1 , --- -':-11 - (1)\ i - 0 R\ \'„„.. A. \ e•\ 111 CD co �r�' � � � , U, I , Meet-__ � 2 S /cpc a< 11 Q ,Stye tom.----,, 0 �`' OR c, OR 70____ gth_ �, sit OR m .: R --� OR \ • QR N Site Murphy's of Virginia Beach W '�V E Property Polygons 2914 Pacific Avenue S Zoning Building Feet 0 30 60 120 180 240 300 360 53 ITEM— VLK2 PLANNING ITEM#72294 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, AS MODIFIED, AS PROFFERED, BY CONSENT, Application of VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB, LLC for a Modification of Proffers to a Conditional Change of Zoningupdate Design Criteria re portion of Corporate Landing Business Park DISTRICT 7— PRINCESS ANNE (Deferred from November 9, 2021) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH DEVELOPMENT AUTHORITY/ VIRGINIA BEACH DEVELOPMENT AUTHORITY & FROB, LLC for a Modification ofProffers to a Conditional Change of Zoning update Design Criteria re portion of Corporate Landing Business Park(Deferred from November 9, 2021) (GPINs 1457948279, 1457947361) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of December Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 • in CN's i � � z CV� { jC .74. :e �(, L.acq�i c 't ,� �7 p 0N t • I,- (�` rest • - ��.. • h•in .` t •J't /�!� si �•C „ v r f^„ N. �+. ' as C a�/� jl Y/ N cv eN•4j ��Q le� ♦a a� a I y��i Y/ oir) ,I•� O COj ®C7� Y7 i;lot' 4/ �.] f GIP ,►4a� Li3 np j:� 4 7� Q J `y p • ►• prz AAA T b 10 o N> rcI41 .. ''. : .'j vii, • �7 1����5���' � _ipr CO �� \_ i� �� : •-:�� .•tic: �] ii t� �QQ, �`U CO % "••-4.1>. ,.o o N . o Q Q, tom' '`;‘Nth,. '`ti ".n+; cCVo Q % ' N , - ,44 " i j� M OQ N Q 4!i 7• /1 4n/n�I(4i %C` .riiYsk.0 v cp , 1 •• .fig=1,i*-t 4,—.---N.:.\-,ic M _ l`• o ti /`1 a %Ve aI `.�, •I♦,. i. yew• . 1 . ,.es v'1,,il . 1 �+ _ ♦^ •. , e� �?ry� � '�_��'•��// lip ° � Q CI) Q ` 1 TT N]a�Q �/ 4.0 C W 1 r \111\ N • yam' ° '.'�r a� A G� .at -1\ c:zi\ ..w ; \ '''\, ,.."1 N\, - 1- wreigrig 0 c co 1 o; ....\Cosi' \\ 06\‘7 .,, V .....6 4.4„-,,:ro.._,„„;./., k... ,,..,„,,, (Ai Y.= Or 0 ---,I-WO/4: 41:, '1. . t :ID likis\„\ii, „ F\, %_ ♦ <4c L O - C�,�r•, ,@ice / �.v6 "�. Et / > t OQ e4 : ,, ul.4N'0 , I •N 0 datIN co ,1 / • . •o (' N 0 a0 ,), 1\ I re !- I * Tr. • •4 . N y N 0• �N C o IV O♦ o(4:c /4 '4( • ',A.,.� (D16i 4qo 0_ - �c N t;, OPQo o I 0 ....12 , o VI' ©'S • � Q N Lam 1 0 �• C (61. oN,o o1, f r. o ,. A Overall,the new Design Criteria reduce requirements for setbacks, parking, building materials, and landscape screening, while maintaining guidelines to remain an attractive "park-like" setting. CURRENT DESIGN CRITERIA UPDATED DESIGN CRITERIA SETBACKS: Adjacent to Dam Neck Road 100 ft. 50 ft. Adjacent to Residential 75 ft. 50 ft. Neighborhoods Adjacent to General Booth Blvd. 75 ft. 30 ft. Adjacent to Corporate Landing 50 ft. 25 ft. Parkway Other Public Streets 50 ft. 20 ft. Side & Rear Property Line 15 ft. 15 ft. Between Parking Lots and Buildings 10 ft. 10 ft. 10 ft. (excluding sidewalks) PARKING: • One parking space for each 250 • Off-street parking must conform square feet of gross floor area to Section 203 of the Zoning used for offices. Ordinance as amended. • One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift, whichever is greater. • One parking space for each 200 square feet of gross floor area for commercial/retail. • One and one-half parking spaces per hotel room. • The width of parking lot drive aisles shall be a minimum of 24 feet. BUILDING MATERIALS: • Recommend architectural • Recommend architectural materials are glass, granite, pre- materials are glass, granite, cast concrete, and brick. concrete, brick, and metal. • Bright overall colors shall not be • Bright overall colors shall not be permitted. permitted. However, bright colors are encouraged to enhance focal points and serve as accents. LANDSCAPE: • The developer of the individual • Sod rather than seeding is sites shall provide a continuous required within 50' of all evergreen and/or low berm buildings; all adjoining roads shall screen along any side of a parking have sod along the entire property line from the road edge Virginia Beach Development Authority Agenda Item 8 Page 3 lot that abuts a public street to the parking lot edge. The right-of-way. minimum width of sod along • The developer of any site that road edges where there is no abuts a storm water retention parking lot shall be 30'. All other lake or canal shall provide a lawn areas not receiving sod may landscape buffer(minimum be seeded. width 15 feet) between said lake • All site entry drives shall be well and/or canal and any proposed landscaped with a combination parking lot. This buffer shall be of shade trees, flowering trees, planted with a mixture of and flower beds, deciduous and evergreen plant materials. As the proposed revision to the Design Criteria will simplify the review process for developments within the Park to one cohesive document and align with current codes and regulations, Staff recommends approval of this request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the proffers contained herein. Proffer 2: Excluding the Property specifically described on Exhibit A,the remaining parcels of land located within Corporate Landing and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect. Proffer 3: Further conditions may be required by the City during detailed Site Plan review and administration of applicable City codes by all City agencies and departments. Proffer 4: Except for permanent facility construction, exterior storage shall be prohibited. Proffer 5: Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled plantings and overall impact. Proffer 6: Temporary facilities,other than construction related facilities,shall not be permitted within the front yards and when located in the rear yards,shall be removed immediately upon completion of the permanent facility. Virginia Beach Development Authority Agenda Item 8 Page 4 Proffer 7: All loading docks and dumpster areas that are visible from the lake area or street shall be screened with a wall a minimum of 8 ft.that matches the materials used on the building. Dumpsters shall also be gated.The screen wall shall be softened in its entirety with shrubs and trees. The extent of the screen wall and landscaping shall be subject to VBDA approval. Proffer 8: Those uses permitted in I-1 and B-2 zoning are permitted on the Property. Those uses requiring a Conditional Use Permit from City Council shall continue to do so. Proffer 9: The following lists the minimum parking lot setback requirements: a) Adjacent to Dam Neck Road 50 ft. b) Adjacent to Residential Neighborhoods 75 ft. c) Adjacent to General Booth Blvd. 75 ft. d) Adjacent to Corporate Landing Parkway 25 ft. e) Other Public Streets 20 ft. f) Side& Rear Property Line 15 ft. g) Between Parking Lots and Buildings 10 ft. (excluding sidewalks) Proffer 10: The following are the parking requirements: a) Off-street parking must conform to Section 203 of the Zoning Ordinance as amended. b) The City's parking requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. c) Parking lot landscape standards shall conform to the City of Virginia Beach Landscape Guide as amended. Proffer 11: The Corporate Landing Business Park Design Criteria,dated October 2021, is attached hereto as Exhibit B and incorporated herein by reference for additional specifications,conditions and requirements related to design requirements, land use, responsibilities of the VBDA,grading,drainage, utilities, plantings, lighting, building design and orientation, building materials and color and signage in Corporate Landing. Staff Comments:The Proffers provide more flexibility for developments within the Park to create a more marketable and comparative business park in the region. Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Virginia Beach Development Authority Agenda Item 8 Page 5 1996 Proffers That Remain in Effect for The Remainder of The Park 1. All uses permitted in the R & D Research and Development Office Warehouse District (R & D)shall be permitted within the MDO Medium Density Office Use District (MDO). Likewise, all uses permitted within the MDO district shall be permitted within the R & D district. 2. In addition to the uses identified in the prior proffers, within the R& D and MDO districts the following uses are permitted: Manufacturing Public buildings and grounds Heliports. Provided however, that no portion of a heliport may be located within 500 feet of residentially zoned property. 3. Except as modified herein,the prior Proffers shall remain in full force and effect. 1989 Proffers That Remain in Effect for The Remainder of The Park 1. The following uses shall be the only uses permitted within each district. Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit, and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. R&D: RESEARCH AND DEVELOPMENT OFFICE WAREHOUSE DISTRICT This classification refers to the development of on and two story office/warehouse buildings. USE 1. Business, medical,financial, nonprofit, professional and similar office buildings in conjunction with an office/warehouse environment. 2. Establishments such as linen suppliers,freight movers, communication services and canteen services. 3. Establishments which deliver merchandise in bulk by truck or van. 4. Light assembly, processing, extracting, packaging or fabricating establishments. 5. Motion picture studios. 6. Printing lithographic or publishing establishments. 7. Public utilities installations and substations including offices. 8. Radio or television transmission and relay stations. 9. Wholesaling, warehousing,storage or distribution establishments. 10. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites). 11. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. Virginia Beach Development Authority Agenda Item 8 Page 6 MDO DISTRICT: MEDIUM DENSITY OFFICE USE This classification refers to the development of mid-rise office buildings. USE 1. Business, medical,financial, nonprofit, professional,and similar office buildings. 2. Eating and drinking establishments in connection with other permitted uses (no free-standing restaurant sites). 3. Motion picture studios. 4. Printing, lithographic or publishing establishments. 5. Recreational facilities of an outdoor nature in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 6. Vocational, industrial and trade schools. 7. Recreational facilities other than those of an outdoor nature. 8. Public and private schools,colleges and universities. 9. Public utility facilities. 10. Accessory uses and structures which may be reviewed and approved by the City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. MXD2 DISTRICT: MIXED USE DEVELOPMENT This classification refers to the development of a mixed use complex that would provide retail shops, restaurants, office space,and similar uses. USE 1. Automobile service stations or repair facilities that perform the same functions as cited in Section 111 of the Virginia Beach Zoning Ordinance. 2. Bakeries,confectioneries and delicatessens, provided that products prepared or process on the premises shall be sold at retail and only on the premises. 3. Business studios,offices, and clinics. 4. Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii)a minimum of three (3)off-street parking spaces for automobiles shall be provided for each car wash space within the facility. 5. Child care and child care education centers. 6. Drugstores, beauty shops and barbershops. 7. Eating and drinking establishments without drive-through windows. 8. Financial institutions. 9. Florists,gift shops and stationery stores. 10. Service and repair services for business machines,sign shops and other small service businesses. 11. Grocery stores,carry-out food stores and convenience stores any of which are not freestanding but are in a structure with a gross floor area of less than five thousand (5,000)square feet. Virginia Beach Development Authority Agenda Item 8 Page 7 12. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices. 13. Laundry and dry cleaning agencies. 14. Medical and dental offices. 15. Museums and art galleries. 16. Job and commercial printing. 17. Personal service establishments, other than those listed separately. 18. Athletic clubs. 19. Public utilities installations and substations, including offices. 20. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area. 21. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms. 22. Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air- conditioned buildings. 23. Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. 2. The following chart lists the building requirements within the various classifications for minimum lot area, width, yard spacing,floor area ration, and coverage: R & D MDO MXD2 Minimum Lot Area 3.5 Ac 3.5 Ac 1.0 Ac Minimum Lot Width 100' 100' 100' Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 75' 75' 75' Minimum Yard Setback Adjacent to Other Public/Private Streets 50' 50' 50' Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Minimum Yard Setback Adjacent to Side Property Lines 30' 30' 30' Minimum Yard Setback Adjacent to Rear Property Lines 30' 30' 30' Maximum Floor Area Ratio .50 .90 .90 Maximum Building and Paved Area Coverage (excluding outside plaza and gathering 75% 60% 75% areas) 3. The following chart lists the parking lot setback requirements within the various classifications of the property. R&D MDO MXD2 Minimum Yard Setback Adjacent to General Booth Boulevard 75' -- 75' Minimum Yard Setback Adjacent to Corporate Landing Drive 50' 50' 50' Minimum Yard Setback Adjacent to Other Public Streets 50' 50' 50' Minimum Yard Setback Adjacent to Private Streets (excluding access drives & parking 25' 25' 25' lot drive aisles) Minimum Yard Setback Adjacent to Residential Neighborhoods 75' 75' 75' Virginia Beach Development Authority Agenda Item 8 Page 8 Minimum Yard Setback Adjacent to Side Property Lines (excluding common drive 15' 15' 15' aisles between parcels) Minimum Yard Setback Adjacent to Rear Property Lines 15' 15' 15' Minimum Yard Setback Between Parking Lots& Buildings (excluding sidewalks) 20' 20' 0' 4.The maximum building height for the various use classifications located within the property are as follows. A. R&D:35 Feet B. MDO: Not to exceed a height equal to twice the distance from the building to the vertical projection of the center line of the nearest public street; however, no building shall exceed 100' in height, and no building within 300'of the right-of-way of General Booth Boulevard shall exceed 40' in height. C. MXD2:35 Feet D. Notwithstanding the above, no building or other structure shall exceed the height limit established by the Virginia Beach Comprehensive Zoning Ordinance regarding air navigation. 5.General Requirements Applicable to all use classifications located within the property. A. Parking Requirements:The minimum number of parking spaces and dimensional requirements on any site shall be as follows: 1. One parking space for each 250 square feet of gross floor area used for offices. 2. One parking space for each 500 square feet of gross floor area for research and development or one space per employee on the highest working shift,whichever is greater. 3. One parking space for each 200 square feet of gross floor area for commercial/retail. 4. One and one-half parking spaces per hotel room. 5. As required by the City of Virginia Beach Comprehensive Zoning Ordinance for other uses permitted within the property. 6. The size of parking stalls and handicapped allowances shall be as required by the City of Virginia Beach Comprehensive Zoning Ordinance. 7. The width of parking lot drive aisles shall be a minimum of 24 feet. 8. The color of parking lot stripping shall be white. Special stripping shall be as required by the City of Virginia Beach. 9. These requirements shall be accepted as minimum standards, however,such requirements shall not relieve the site owner or lessor of the responsibility of providing ample on-site parking for actual user demands. Parking on access roads and dedicated streets shall be prohibited. B. Loading Areas 1. Loading docks shall be designed and located so that they are not visible from public roadway view, adjacent residential neighborhood view, and view within the park. The uses of berming and landscape screening shall be employed to screen loading areas. 2. The location of any loading dock areas shall be subject to approval by the Virginia Beach Development Authority. C. Landscape Requirements (Minimum) Virginia Beach Development Authority Agenda Item 8 Page 9 1. The Development Authority will provide in the 75 foot setbacks adjacent to the existing residential neighborhoods of Strawbridge and Princess Anne Hunt Club subdivision a rolling earthen berm (minimum height four(4)feet up to approximately ten (10)feet with appropriate evergreen plantings to provide a buffer between the park and these residential neighborhoods. Where the parking abuts property not currently developed for residential use the Authority will reserve a 75 foot strip of land for the future placement of a berm and evergreen plantings should said adjacent property be developed into residential neighborhoods. 2. The developer of the individual sites shall provide a continuous evergreen and/or low berm screen along any side of a parking lot that abuts a public street right-of-way. Such buffer shall be located within the parking lot setbacks established by Section 3. 3. The developer of any site that abuts a storm water retention lake or canal shall provide a landscape buffer (minimum width 15 feet) between said lake and/or canal and any proposed parking lot. This buffer shall be planted with a mixture of deciduous and evergreen plant materials. 6. The Development Authority shall not extend the existing residential street known as Wandsworth Drive into the property. The Development Authority shall not grant right-of-way over the property for connections into residential neighborhoods not yet developed except those streets so designated on the City of Virginia Beach Master Street and Highway Plan. Roads shall not be extended into Princess Anne Hunt Club subdivision and/or Strawbridge from the property. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3 —South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Natural & Cultural Resources Impacts The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters.There are no known cultural resources on the site. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on July 12, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,July 25, 2021 and August 1, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 26, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on August 5, 2021. Virginia Beach Development Authority Agenda Item 8 Page 10 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, November 21, 2021 and November 28,2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 22, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on December 3,2021. Virginia Beach Development Authority Agenda Item 8 Page 11 54 ITEM— VLK.3 PLANNING ITEM#72295 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, AS MODIFIED,AS CONDITIONED,BY CONSENT,Application of THE FRIENDS SCHOOL for a Modification of Conditions re reduce acreage and expansion of the existing administration building; the construction of an outdoor stage, classrooms and shaded art patio at 1537 Laskin Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THE FRIENDS SCHOOL for a Modification of Conditions re reduce acreage and expansion of the existing administration building; the construction of an outdoor stage, classrooms and shaded art patio at 1537 Laskin Road(GPIN 1 45 79482 79)DISTRICT 6—BEACH The following conditions shall be required: 1. All previous conditions attached to the Conditional Use Permit approvals of May 28, 1996 and September 14, 1999 shall be voided and replaced with the following conditions below. 2. A ten (10)-foot wide landscape buffer with Category VI landscaping is proposed for this site. This is a deviation to the fifteen (15)-foot wide landscape buffer with Category IV landscaping, as required by the City Zoning Ordinance. 3. When the property is redeveloped, it shall be in substantial conformance with the Conceptual Site Layout entitled "MASTER PLAN — PHASE 1, VIRGINIA BEACH FRIENDS SCHOOL, Virginia Beach, Virginia,"prepared by WPL, dated October 14, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The exterior of the proposed building addition shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "VIRGINIA BEACH FRIENDS SCHOOL—EXTERIOR RENDERING,"prepared by HBA, dated October 14, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 5. The modular classrooms shall be located on the site as depicted on the diagram entitled "TEMPORARY MODULAR CLASSROOM SITE DIAGRAM — VIRGINIA BEACH FRIENDS SCHOOL, Virginia Beach, Virginia,"prepared by WPL, dated August 16, 2021. The modular classrooms shall be limited to a five(5)year time frame from the date of City Council action or within six months following final occupancy approval by the Building Official's Office, or whichever is sooner. 6. The student enrollment of the school, including all future facility expansions, shall not exceed four hundred(400)students. December 7, 2021 55 ITEM— VI.K.3 PLANNING ITEM#72295 (Continued) 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 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 7`" day of December Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 08L 099 OZ9 06£ 09Z 0£1.99 0 lea m - 6u!pIin8 6u!uoZ s peon upls!?l LEsi, suo6Apd /(}aadaid ` c'-m loouas spua!J J Ma alis N Z I,�d q 52l Q' �Q,S:� _ 9Z 0 0_ 11B1 a5� � ��- � a5� � / o OP �,a t a -- 17-9Z 111 ri % ___ _ ill 4 , eel '( Zs ,, \ \ S zed 111 S & Oc 0 iii a Pig_ i10, , , 0 . uo��' noo I I :mom nu Z 8 Oo ! �a0 � i E. 9 Griitriir7., ������ nip ,L, _ , 4 L guu O-4 - _ 001.1„ ..., -8=fib \ic _-1404.0 ,,, - d 8b� © �-' 71.:> Haan \ � 1 Z8/ i Z Lid E3 D d, ' o Di ?��� _ < p-eoti u1�_se- ---_ ___---,_;- ,m-41--'---------------- - I '-- _______ .,__ —_ _P--- - ozi \\\ - '� d 0 56 ITEM— VLK.4 PLANNING ITEM#72296 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, AS MODIFIED,BY CONSENT, Application of 1537,LLC for a Modification of Conditions re reduce acreage for private school at 1537 Laskin Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1537,LLCfor a Modification of Conditions re reduce acreage for private school at 1537 Laskin Road(GPIN 1457948279)DISTRICT 6—BEACH This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of December Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 lot • t4 /• \t 1 , , z _ �' ♦ 43• ' o �fr, .Q ♦ = ; 'ail I 0 ' . or s•• V �..gi CSII I � oM / 2 I Q i fl , o 1111111* a i p - I o 111111 . o o _ _ ® 10 la ow Irli Fi im as so el: N . all -� a i 4 - o ` o CQ CI a a) C � H \ 111 ce - CO 0 •I ‘\ * J in Q OiN QUO . utt co o\rZ ‘ E i 00 hta1 G° J J l su O lt\"\ Q O �, co o 1:„' o t 0 E C. tio m Y o o cn d CON —O 11�� 57 ITEM— VI.K.5 PLANNING ITEM#72297 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, AS PROFFERED, BY CONSENT, Application of HACKERS, LLC / POTTER PROPERTIES GROUP, LLC for a Conditional Change of Zoning from B-1 Neighborhood Business District to Conditional B-2 Community Business District re convert an existing vacant building into an eating and drinking establishment with virtual golf simulators at 1532 Laskin Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HACKERS, LLC / POTTER PROPERTIES GROUP, LLC for a Conditional Change of Zoning from B-1 Neighborhood Business District to Conditional B-2 Community Business District re convert an existing vacant building into an eating and drinking establishment with virtual golf simulators at 1532 Laskin Road(GPIN 1457948279)DISTRICT 5— LYNNHAVEN The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7`h day of December Two Thousand Twenty One. Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 _0 \\ , - 1 0 *\s i Q :__\#_„1:: o 'z o R40____- e:.:...)a.-....TJAs ...;. 02 -� o Zo - rw4 rye, B R20 0o GD \,:i I•:'. \ --1, ';. . V#1XJ2 __------ - J R°ad - Laskin- = Laskin_Road_ i Al2 B2 Al2 N A Site Hackers, LLC W•v�Ji.E Property Polygons 1532 Laskin Road Zoning Building Feet HACKERS, LLC,a Virginia limited liability company POTTER PROPERTIES GROUP, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT,made this 31st day of August, 2021,by and between HACKERS, LLC,a Virginia limited liability company, Grantor, party of the first part; and POTTER PROPERTIES GROUP,LLC,a Virginia limited liability company,Grantor,party of the second part;and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Lynnhaven District of the City of Virginia Beach,Virginia,containing approximately 1.906 acres which is described in Exhibit "A" attached hereto and incorporated herein by this reference. This parcel as described in Exhibit "A" is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part has contracted to acquire a leasehold estate in the Property from the party of the second part; and WHEREAS, the party of the first part as contract lessee and the party of the second part as owner/lessor of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-1 Commercial District to Conditional B-2 Commercial District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GP1N: 2417-09-1256-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives, assigns,grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be developed and landscaped substantially as shown on the exhibit entitled "ARCHITECTURAL SITE PLAN DIAGRAM ADDITION AND RENOVATIONS FOR HACKER'S AT HILLTOP",dated August 31, 2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). 2. The exterior of the building depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the Exhibits labeled,"ADDITIONS AND RENOVATIONS FOR HACKER'S AT HILLTOP SD201 and SD202", dated August 31, 2021, prepared by Altruistic Design ("Renderings") with the exterior building materials being painted stucco, metal, glazing 2 and wood as depicted on the Renderings, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Renderings"). 3. The freestanding monument sign designated on the Site Plan shall be internally illuminated using the base material and colors,substantially as depicted on the "Monument Sign Exhibit - Hacker's at Hilltop", dated August 31, 2021, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Sign Exhibit"). 4. The enclosure for the dumpster as designated on the Site Plan shall utilize the material and colors substantially as depicted on the "Dumpster Enclosure Exhibit Hacker's at Hilltop",dated August 31, 2021,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Dumpster Exhibit"). 5. All outdoor lighting shall be shielded,deflected,shaded and focused to direct light down onto the premises and away from adjoining property. 6. Further conditions may be required by the Grantee during the permitting process and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the 3 Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages, or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Potter Properties Group, LLC, a Virginia limited li 'lity company By: (SEAL) Walter R. Potter, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this g1 day of 2021, by Walter R. Potter, Manager of Potter Properties Group, LLC, a Virginia limited ability company,Grantor. ary Public My Commission Expires: (9/'3°lZZ- ASHLEY CHRISTINE HARRIS Notary Registration Number: '7 7mei 4 2-1 NOTARYPUBLIC REGISTRATION#7799427 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30,2022 5 WITNESS the following signature and seal: Grantor: Hackers,LLC,a Virginia limited liability company By: t )M)01k Ll __ (SEAL Edward Ore,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 1..5 day of ST,rf'18FR 2021,by Edward Ore,Manager of Hackers, LLC,a Virginia limited liability company,Grantor. dz/47—T7V-)/Y1 Notary Public "OAR, '•, pOMiy y My Commission Expires: P 1.0 Notary Registration Number: g 2 ��i,.�A�NIA A/���� 6 EXHIBIT "A" Beginning at a point on the Northern Right of Way of Laskin Road (US Rte. 58) at its intersection with the Western Right of Way line of Winwood Drive; thence traveling West along such Laskin Road Right of Way a distance of approximately 210'; thence 441.06'along a bearing of N 15° 36' 29"W to a point herein after referred to as "The Point of Beginning",said point being a common point along the boundary line between Parcel 15, Property of Potters Property Group, LLC depicted on MB 138 pg. 34 and Lot 6, Paul L. Strasberg Subdivision depicted on MB 134, pg. 2; MB 129, pg. 14; thence 152.50' along a bearing of S 74° 23' 31" W; thence 166.75' along a non- tangent curve to the left with a radius of 240.63' and a chord bearing S 04° 14' 39" W; thence 221.66' along a tangent bearing of S 15° 36' 29" E to a point; thence 21.76' along a bearing of S 70° 18' 10" E to a point;thence 46.38'along a bearing of S 88° 54'59"E to a point;thence 151.15' along a bearing of N 89° 39' 13" E to a point; thence 441.06' along a bearing of N 15° 36' 29"W to the "Point of Beginning"with said Parcel containing 1.906 acre of Land. This being the same parcel designated as Parcel 15 on the plat entitled "SUBDIVISION OF PORTION OF PROPERTY OF LUCILLE B.POTTER,et al LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA", dated June 1, 1979 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 138,at Page 34. Less and except for that certain piece of land containing 0.045 acre,more or less,to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take No. C-504022 dated April 29, 2004 and recorded June 4, 2006 as Instrument Number 20040514000758920 and outlined in RED as Parcel 095 in State Highway Plat Book 13 pg. 5-5P both of which are recorded in the aforesaid Clerk's Office. GPIN: 2417-09-1256-0000 H:\AM\Conditional Rezoning\Hackers\Proffer Agreement.docx 7 58 ITEM— VLK.6 PLANNING ITEM#72298 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of JOSE M.RIVERA/K&P ENTERPRISES,LLC for a Conditional Use Permit re tattoo parlor at 549 Newtown Road, Suite 109 DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JOSE M.RIVERA/K&P ENTERPRISES,LLC for a Conditional Use Permit re tattoo parlor at 549 Newtown Road, Suite 109 (GPIN 1457948279)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make- up. No other form of tattooing shall be permitted 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of December Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 Y)11 Ce/ _b O 117 Oo i ° O N j m\ � m o . . .\/\ 42771Y7 co N K\ninc`id— er � O N/ i, / / I 0 ill CO -00 m N l N O j<e'/ z o N 01 /00—` Tr LO % 1-4‹ ifa c.,,,/ o c� !® aAlla-paennp3 -alien , \ --,-,--- i i 1- 4 '-'s\ . si ' A P' __s__________I I :It% 47 ' S;00$ NK Irare\,� a Ny , icTE V / o c ,.' * (n 0_ N m UN / ' a 0 II \oaf la 4111/#, 59 ITEM— VLK7 PLANNING ITEM#72299 The following registered to speak: Billy Garrington,Attorney for Applicant, 471 Southside Road, Phone: 428-4245, spoke in SUPPORT Fran Sansone, representative of the Princess Anne Plaza Civic League, 3601 Presidential Circle, Phone: 831-9111, spoke in OPPOSITION Peter Berning, 104 Presidential Boulevard, Phone: 409-5784, spoke in OPPOSITION Sandra Shinabarger, 168 Waverly Drive, Phone: 375-5886, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Marcus Jeffreys, 5518 Amhurst Court, Phone: 215-6634, spoke in OPPOSITION Francisco Rodriguez, 128 Presidential Boulevard, Phone: 291-4874, spoke in OPPOSITION Traci Colley, 121 Presidential Boulevard, Phone: 285-6869, spoke in OPPOSITION Jarrett Hamm, 529 Lynnshore Drive, Phone: 718-4229, spoke in OPPOSITION Russel Shinabarger, 168 Waverly Drive, Phone: 287-6033, spoke in OPPOSITION Arthur Terlecki, 125 Presidential Boulevard, Phone: 615-3423, spoke in OPPOSITION Eve Terlecki, 125 Presidential Boulevard, Phone: 615-2364, spoke in OPPOSITION Robert Plumeri, 137 Presidential Boulevard, Phone: 718-8593, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION William Jennings, 3717 Gladstone Drive, spoke in OPPOSITION Lisa Clarkson, 3808 North Landing Road, Phone: 450-3329, did not respond Kim Mayo, 4807 Secure Court, Phone: 450-3011, spoke in OPPOSITION Danna Cullen, 103 64`h Street, Phone: 305-3549, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Council Member Rouse, City Council DEFERRED TO FEBRUARY 15, 2022, Application of WINNER'S PROPERTIES, LLC / THE RUNNYMEDE CORPORATION for a Conditional Use Permit re motor vehicle sales&service at 3736 Sentara Way DISTRICT 3—ROSE HALL Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 60 ITEM— VLK.8 PLANNING ITEM#72300 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council INDEFINITELY DEFERRED, BY CONSENT, Application of JAMES D. WHITE REVOCABLE LIVING TRUST for Conditional Use Permit re short term rental at 407181"Street, Unit A DISTRICT 6 —BEACH Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 61 ITEM— VLK.9 PLANNING ITEM#72301 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DEFERRED TO JANUARY 4, 2022, BY CONSENT, Resolution to ADOPT and AMEND the Virginia Beach Comprehensive Plan 2016 re Storm water Impacts for Discretionary Land Use Applications Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi, Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 62 ITEM— VLK.10 PLANNING ITEM#72302 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED WITHDRAWAL, BY CONSENT, Application of NIMMO UNITED METHODIST CHURCH for a Certificate of Appropriateness re appeal of Historical Review Board Decision at 2040 Nimmo Church Lane DISTRICT 7—PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Linwood O. Branch, 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: Mayor Robert M. Dyer December 7, 2021 63 ITEM— VLL APPOINTMENTS ITEM#72303 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 5/31 MEMORIAL COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD CITIZENS OVERSIGHT BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD December 7, 2021 64 ITEM— VLM UNFINISHED BUSINESS ITEM#72304 Council Member Berlucchi made a motion, seconded by Council Member Rouse, to convene into Closed Session. Council Member Berlucchi recognized the late hour but does not believe the Body's work for the day is complete and requested a short amount of time to discuss Appointments to begin 2022 in the most prepared fashion. Vice Mayor Wilson advised the Body will adjourn to hold Open Dialogue and then convene a Special Session for the purposes of convening a Closed Session to discuss Appointments. December 7, 2021 65 ADJOURNMENT ITEM#72305 Vice Mayor Rosemary Wilson DECLARED the City Council FORMAL SESSION ADJOURNED at 10:08 P.M. rri H. Chios Chief Deputy City Clerk a\AI AnkiAda Barnes,Milk Rosemary Wilson City Clerk Vice Mayor December 7, 2021 66 OPEN DIALOGUE The following registered to speak: Barbara Messner, P. O. Box 514, expressed frustration with City Council David Houseworth, 3357 Baum Road, Phone: 438-4802, expressed frustration with City Services William Duke, 2032 Grey Fox Lane, Phone: 581-0178, spoke concerning the School Board limiting public participation Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke concerning the establishment of the Independent Citizen Review Board Mary Crozier, 412 Egret Landing, Phone: 252-864-1478, spoke concerning marijuana laws ADJOURNED at 10:28 P.M. December 7, 2021