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Home My WebLink AboutAPRIL 5, 2022 FORMAL SESSION MINUTES - 1 F,,41 A7 of oua%go VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 5, 2022 Mayor Robert M.Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, City Hall, on Tuesday,April 5, 2022, at 1:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky"Holcomb, Louis R. Jones, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Barbara M. Henley—Arrived at 1:04 P.M John D. Moss—Arrived at 3:55 P.M Aaron R. Rouse—Arrived at 4:04 P.M 2 CITY MANAGER'S BRIEFINGS PARKING PROGRAM ITEM#72644 1:00 P.M. Mayor Dyer welcomed Kathy Warren, Deputy Director—Economic Development. Ms. Warren expressed her appreciation to City Council for their continued support: - Parking Program Kathy Warren,Deputy Director,Economic Development City Council Briefing April 5.2022 A/13 Here is the Presentation Overview: Presentation Overview Parking Program Proposals: 1. Proposed Code Revision 2. Dynamic Pricing 3. Validation Program 4. Residential Parking Permit Program (RPPP) Proposed Rate Change 5. Sandbridge Proposed Parking Rate Change Fnomic Development I April 5.2022 I Parking Program 2 w April 5, 2022 3 CITY MANAGER'S BRIEFINGS PARKING PROGRAM ITEM#72644 (Continued) Here is a summary of the Proposed Code Revision: Proposed Code Revision • In 2021, the Parking Management Office assumed responsibility for the administration of permit programs from the City Treasurer's Office (CTO) due to the growing complexity of our programs • To address this in the City's Code Sections 21-351 to 354. we recommend the following changes: • Remove CTO from administrative duties(City Treasurer's request) • Define"Employee"to mean those employed by businesses located on the west side of Atlantic Avenue and the east side of Pacific Ave.,from Rudee Loop to 29th Street and along Winston Salem Ave. • Remove language that is addressed in the FBC parking ratio requirements—Hotels must have one space per room Economic Development 1 Apnl 5,2022 I Parking Program -.4,4111111. 3 Here is a comparison of the current and proposed Rate Structure Realignment: Rate Structure Realignment Current Rate Structure Rate Realignment Proposal • On-Street Meters - $2/hr • Convert Lots to Hourly Rates- • Garages - $2/hr& Max $10 $2/hr for program consistency • Lots— Flat Rate $7 M-Th & • Implement Dynamic Peak $10 Fri-Sun Pricing $10 - $22 • Last Rate Adjustments were • Adjust rates based on Peak July 1, 2010 for flat and max Demand vs. Fall/Winter Demand rates and 2014 for meter • Range of rates approved by City rates Council • Resident Rate = $3 after 5pm • City Council-approved rates applied by City Manager's Office • Resident Rate = $3 after 5pm E:.ronormc Development I April 5.2022 I Parking Program - 4 April 5, 2022 4 CITY MANAGER'S BRIEFINGS PARKING PROGRAM ITEM#72644 (Continued) Here is an overview of the Validation Program: Validation Program • Offered year round in the City's three public garages (9th, 25th 31st) year-round • Replaces the on-street Atlantic Avenue Fall/Winter parking that presents challenges with public safety and Holiday Lights • Incentivizes patronage to local businesses (spend $ = get 2 hours of free parking) Economic Development I April 5,2022 I Parking Program - 5 411111111 The next three (3) slides provide an overview of the Residential Permit Parking Program: „,,,41, ... ,,,,,, •......_ ,.,,,,,A,,,_\ srat Residential Permit Parking Ate _ 1 Program Area _ Art‘ems_ ._ � 1 es ..... .:__'li 0P-R-:.141, '''4" 4,11 % !AL h.; ."::::"- - liekf . so. 1 _ ....,_ litr Economic Development I April 5.2022 1 Parking Program re_`, -• •'`it,. April 5, 2022 5 CITY MANAGER'S BRIEFINGS PARKING PROGRAM ITEM#72644 (Continued) Residential Parking Permit Program (RPPP) Proposed Rate Change Current Rate Structure Proposed New Rate Structure • First two resident permits—Free • Residential Permit- $5 each • The next two resident permits are (4 Max) $5 each • Guest Passes-$2 each • Guest Permit - $5 each (2 • Temporary Passes—Free Max) • Last rate adjustment was 15+ years ago • 92%or RPPP residents do not pay for residential passes because they get two passes only Economic Development April 5.2022 Parking Program -411111111111 RPPP Benchmark Pricing • Norfolk - $10/pass and $2 for temp passes • Arlington County - $20 to $50 • Alexandria - $40 (1st), $50 (2nd), $150 there after • Baltimore - $20 each Economic Development I Apnl 5.20221 Parking Program _ 8 April 5, 2022 6 CITY MANAGER'S BRIEFINGS PARKING PROGRAM ITEM#72644 (Continued) The next four(4)slides provide an overview of the Sandbridge Little Island Parking Lot: Sandbridge Little Island Parking Lot *44 -- .- - 4-4.11. 411101\- " ,,.,----- 4.. ,.--........,&--iiiiew i r v 1411611111 Economic Development I April 5.2022 I Parking Program 9 • Sandbridge Market and Municipal Lots i S. L , „., it- _. , - - .z, . ,,,,... .. v; '. .Vi\ V i ialr .,,,.....I . .-, ..- - -. .� f , , ., 1i' ` A w 7 _ ryY' l _ - Economic Development I April 5,2022 I Panting Program April 5, 2022 7 CITY MANAGER'S BRIEFINGS PARKING PROGRAM ITEM#72644 (Continued) Sandbridge Proposed Parking Rate Change Current Rate Structure Proposed Adjustment • Daily Resident-$3 • Single Rate of$4 • Market Rate-$5 • Continue to operate with meters • Requires Cashier to administer two and mobile payment options separate rates • Reduce operating costs (labor) • Cashiering causes long lines of • Automation eliminates waiting waiting to enter • Peak wait times can exceed 45 lines minutes • Parkers can conveniently come • Last rate adjustment was 2014 for and go from lot residential rate only Economic Development l April 5.2022 1 Parking Program - Sandbridge Benchmark Pricing — Passenger Vehicles Admission Fees •Virginia State Parks $7 - $10 ' Carolina Beach - $20 • Rehoboth Beach - $15 - $20 Economic Development,April 5,2022,Parking Program m 2 April 5, 2022 8 CITY MANAGER'S BRIEFINGS PARKING PROGRAM ITEM#72644 (Continued) Here are the Proposed Next Steps: Proposed Next Steps • Council to consider an ordinance for an amendment to City's Code Sections 21-351 to 354. • Rate changes may be considered during budget process or as part of a separate process with a public hearing and resolution adopting rate changes. _onomic De ve'�opment I April 5 2022 Parking Program - 3 Questions economic Development I April 5.2022 I Parking Program 1 4 Ms. Warren continued to the next presentation. April 5, 2022 9 CITY MANAGER'S BRIEFINGS GLOBALINX ITEM#72645 1:14 P.M. Ms. Warren continued briefing City Council and provided the Globalinx presentation: _ Ate.. 401011 Globalinx - Landfall Easement City Council Briefing I April 5,2022 Kathy Warren,Deputy Director,Economic Development Here is the Disclosure Statement: Disclosure Statement • Applicant Name: Globalinx Data Center LLC • Officers: Greg Twitt and Diane Twitt • Affiliated Business Entity: Landing888 LLC • Architect: Sal Lemole • Engineer: Critical Systems A/B Economic Development I April 5.2022 I Globalmx Landfall Easement 2 April 5, 2022 10 CITY MANAGER'S BRIEFINGS GLOBALINX ITEM#72645 (Continued) Here is an overview of the Subsea Conduits for Data Cables: Subsea Conduits for Data Cables • Proposed build is for 4 subsea conduits to land in Sandbridge. • Globalinx has obtained a contractual commitment for use of one of the four .1. conduits. • Two additional contractual commitments are under negotiation for use of the conduits. • Cables will provide Virginia Beach with a wide range of domestic and international high-speed,low-latency data traffic and opportunities. Economic Development I April 5.2022 I Globalinx Landfall Easement 3 Globalinx Data Center- Corporate Landing Business Park To house the 4 new cables, Globalinx plans to construct a 35,000 sf cable landing station g� �° on its 11-acre campus in Corporate Landing Business Park I _ Total Cost: $53M sok 1/B Economic Development I April 5.2022 I Globalinx Landfall Easement 4 April 5, 2022 11 CITY MANAGER'S BRIEFINGS GLOBALINX ITEM#72645 (Continued) Globalinx- Landfall Easement • Conduit construction '.� will be entirely subterraneous—no open trenching. M z Y£ y.. • _ • Conduits will be _> installed by horizontal f directional drilling, x t� both under sea and 1 _. 4.k.under land. y '14*MI • � : globalin 8 S71[llFJ5E R1�abil9f►,,r subsea coloca ty Economic Development I April 5.2022 I Globalinx Landfall Easement Here are the Cable Landing Fees: Cable Landing Fees • $200K per cable, payable upon installation of each of the 4 cables within the conduits. • Fee is consistent with existing 3 subsea cable landings in Croatan parking lot at State Military Reservation (formerly known as Camp Pendleton). Economic Development I April 5.2022 I Globalinx Landfall Easement 6 April 5, 2022 12 CITY MANAGER'S BRIEFINGS GLOBALINX ITEM#72645 (Continued) Here is a summary of Public Outreach: Public Outreach • Princess Anne District forum on March 24, 2022. • Construction to be done in the Sandbridge "off season", which is November-February. • Globalinx to work with the Sandbridge Beach Civic League-Subsea Cables Committee and address all residents and businesses' concerns related to construction. NIB Economic Development I April 5.2022 I Globalinx Landfall Easement 7 Here are the Proposed Next Steps: Proposed Next Steps • Seek City Council approval for landfall site easement to include a public hearing and vote. • User will complete plans for installation and obtain all other permits and approvals required for a complete project prior to use of easement. A/B Economic Development I April 5,2022 I Globalinx Landfall Easement g April 5, 2022 13 CITY MANAGER'S BRIEFINGS GLOBALINX ITEM#72645 (Continued) Questions NiB Economic Development I April 5.2022 I Globelinx Landfall Easement 9 Mayor Dyer expressed his appreciation to Ms. Warren for the presentation. April 5, 2022 14 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) COMMONWEALTH'S ATTORNEY ITEM#72646 1:25 P.M. Mayor Dyer welcomed Colin Stolle, Commonwealth's Attorney. Mr. Stolle expressed his appreciation to City Council for their continued support: Commonwealth's Attorney FY 2022 23 Operating Budget 411k Cohn Stolle, Commonwealth's Attorney --1444 Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY23 Budget 104.83 3 S11,216,350 April 5, 2022 15 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) COMMONWEALTH'S ATTORNEY ITEM#72646 (Continued) FY23 Programmatic Budget �ctim�titnss Forfeited Assets. 5777 796 7% 5100.000,1% NN General Fund,10.350.554,92% °General Fund °Victim Witness •Forfeited Assets • 3 Here is an overview of the Department Operating Budget: Department Operating Budget Program FY22 FY22 FY23 FY23 Change From FY22 Amended FTE Proposed FTE General Fund S9,638,466 91.91 S10,350,554 93.91 S712,088 6.88% Victim $765,897 10.92 $765,796 10.92 (S 101) <0 01% Witness Forfeited $100,000 0.0 S100,000 0.0 0 N/A Assets Total $10,504,363 102.83 $11,216,350 104.83 S711,987 6.87% April 5, 2022 16 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) COMMONWEALTH'S ATTORNEY ITEM#72646 (Continued) Here is a summary of Major Changes&Initiatives: Major Changes & Initiatives Implementation of VBPD Body-Worn Cameras and in-car cameras increases the workload for CWA attorneys and support staff Potential implementation of Body-Worn Cameras by VBSO will increase the workload for CWA Attorneys and support staff Reclassification of previous positions to"Legal Assistant"positions to handle routine file-prep tasks;this allows paralegals time to prepare cases for trial and comply with new discovery rules and BWC evidence. Legal assistant positions save salary costs and help maintain productivity Additional positions(Legal Assistant and Clerk) in FY23 will assist with increased workload Changes to Virginia's jury sentencing process and discovery rules substantially increase workload for attorneys and paralegals in trial preparation and time in court Initiatives Underway & Conclusion Streamline initiative to retrieve BWCs from the VBPD began in June 2021 Ongoing project to scan major criminal case files In the process of implementing alternative court dockets including a Veteran's Court and a Juvenile Drug Treatment Court General Assembly implemented a statewide study to analyze the workload of Commonwealth's Attorneys; currently underway Will continue to use new and innovative ideas and programs to keep Virginia Beach a safe community, save time and money, and increase efficiency s Mayor Dyer expressed his appreciation to Mr. Stolle for the presentation. April 5, 2022 17 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES ITEM#72647 1:48 P.M. Mayor Dyer welcomed Jada Lee, Director. Ms. Lee expressed her appreciation to City Council for their continued support: a A , k: ' * ,:,:ii ;:-'7. - 0---' „ li . , . _ _ ...., ,-.4 , .. . 14,0,---- Emergency Communications & Citizen Services to FY 2022-23 Operating Budget jada Lee, Director -", N , - ': 1- : Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY23 Budget 133.75 5 S11,682,280 April 5, 2022 18 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES ITEM#72647 (Continued) F Y 2 3 Programmatic Budget Budget VB311,5976,217 Training SI01,067 ,E,111 5S,9914 Technol &Support. $1ogy,074,881 Administration.S860,202 3 Here is an overview of the Department Operating Budget: Department Operating Budget Program FY22 FY22 FY23 FY23 Change From FY22 Amended FTE Proposed FTE Administration S864,311 5.75 $860,202 6.75 S(4,109) (0.48%) VB911 S8,758,977 102 S8,669,914 102 S(89,063) (1 02%) VB311 S1,036,330 18 S976,217 18 S(60,113) (5.8%) Training S 100,000 0 $101,067 0 S1,067 1.07% Technology& 5882,354 8 S1,074,881 7 S192,527 21.8% Support Total $11,641,972 133.75 S11,682,280 133.75 $40,309 0.35% April 5, 2022 19 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES ITEM#72647 (Continued) Major Changes & Initiatives Next Generation 91 1(NG9-1-1) ESlnet Telephone infrastructure Upgrade NESTA) FY23 CIP Request Additional funds requested Legislative deadline for NG Migration - 7/1/2023 Here is a summary of Major Changes&Initiatives: Initiatives Underway & Conclusion Vacancies Position Reclassification Reclassified 14 PSET positions to Public Safety Emergency Call Taker(PSEC)positions Bonus Program - Began January 2022 Hiring Bonus S500 sign on bonus Performance Bonus Up to additional S4,500 Based on progression from NET 2 to PSET 4 Retention Appreciation Program Quarterly-S 500 Mayor Dyer expressed his appreciation to Ms.Lee for the presentation. April 5, 2022 20 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#72648 1:59 P.M. Mayor Dyer welcomed Chief Edward Brazle. Chief Brazle expressed his appreciation to City Council for their continued support: ,r „.... ., ,,..... . 4.,,,,,, ti1)--w:_, ,, . ,..„.„. , ....... t T`- 4 5� ��l ter""t, _,_ ' ........;.N. _,. - "%i ' -• ,,,, bt A . , \ v , , it....y...... r Emergency Medical Services . FY 2022 23 Operating Budget -. Chief Ed Brazle e .-- ' Here is the EMS Proposed Organization Summary: EMS Proposed Organization Summary • Four Divisions • 124.55 Career FTEs • 378 Certified volunteers staffing ambulances (active) (Equivalent to 76 FTEs) • 226 Volunteers in other roles • 202 Volunteers in student/intern pipeline April 5, 2022 21 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#72648 (Continued) FY23 Programmatic Budget SI 064'84 5375 000 S'41 r 599 5550'3' •Admin/Support °Training °Emergency Response OSandbridge Lifeguards °Resort Lifeguard Contract ■Grants S11.338.338 Total Proposed Budget 517,493,540 The next several slides provide an overview of Trends and Issues: Trends and Issues Call volumes have increased by 1 5% since 2016 Size of the EMS workforce has not kept pace with call growth Ambulance staffing has declined over course of the pandemic Response times have increased Crew workload has become excessive 11%of calls in 2021 were dispatched without an ambulance immediately available April 5, 2022 22 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#72648 (Continued) Calls for Service and Ambulance Staffing .- --------• . sow - - - � 1c w069 I 1 2uao ri 10000111031 6 2 Lip MI _ 7019 2020 2021 4 F0 Lulu 15597 16.101 40290 16072 62661 1645 77.61676.d 125 U.S 127 124 1. _ 5 Ambulance Staffing and Response Times t7 onm D •—� 02.10 • .-_.. 3 I o1a 2a u II d°. o:u31 11 Oa916 � 0717111.16 asAs 10 oars! 9 .7 IOW7019 292D 2021 Oa0D0 b9MMAYaa b1V0 25 121 127 12A MIl tat N�4Mpo.6ar hknlyi W17. .9:16 01.6 RAM 01927 —...110A097..600,01 7hMg2 01976 021019 02.1 .22:19 or.= 90'h Percentile Response Times 6 April 5, 2022 23 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#72648 (Continued) EMS Staffing Composition soQ 400 350 300 250 200 I50 100 50 ■ ■ ■ ■ ■ ■ . ■ , ■ 2009 2010 2011 2012 2013 2014 2015 2016 2017 2016 2019 2020 2021 ■Avg#Active Vol AIC ■Career Medics Assigned to Operations 7 Where We Are Now Providing great patient care while also actively involved in COVID, mental health response and marine operations Providing continuous support to our volunteer rescue squads Continuous improvement of the member intake process Reimagining volunteer recruiting and retention - branding initiative Looking forward to a sustainable future for EMS and our rescue squads April 5, 2022 24 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#72648 (Continued) Here is a summary of Major Proposed Budget Items: Major Proposed Budget Items • Infrastructure Support • Fully fund contractual and organizational obligations • Increased investment in volunteer recognition/appreciation programs • Advanced EMT Training Program • Additional Career Staff • 8 Paramedics & 12 Advanced EMT 9 Other Strategies Considered • Can we reduce call volume/demand? • Could we contract for services? • Ambulances? • Personnel only? • Increased volunteer recruitment? ,a April 5, 2022 25 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) EMERGENCY MEDICAL SERVICES ITEM#72648 (Continued) Here is the Conclusion: Conclusion • Current staffing levels are not sustainable • Immediate attention needed to address service gaps • Deploying career staff alongside our volunteers has proved to be a successful strategy for Virginia Beach • Must continue to identify effective ways to increase the size of the volunteer workforce IBRESCUE EMERGENCY MEDICAL SERVICES Questions? 12 Mayor Dyer expressed his appreciation to Chief Brazle for the presentation. April 5, 2022 26 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#72649 2:19 P.M. Mayor Dyer welcomed Chief David Hutcheson. Chief Hutcheson expressed his appreciation to City Council for their continued support: , 11,41k11 tall/ Iry 1.444 -V* • Fire Department FY 2022-23 Operating Budget Chief David Hutcheson TF Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY23 Budget 558.23 4 68,398,038 7 April 5, 2022 27 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#72649 (Continued) FY23 Programmatic Budget General Fund Consolidated Grants Fund I "8 a,, S300,4110, — _ 3,656,830 57 323014 5I,478.000 S602.382 OAdministration draining.Learning.and Development OFY 2023 Aid to Localities Grant ©Fire Training Center CIP °Fire Prevention Bureau OFire Operations OFY 2022 FEMA USAR Grant 3 The next two (2)slides provide an overview of the Department Operating Budget: Department Operating Budget General Fund Program FY22 FY22 FY23 FY23 Change From FY22 Adopted FTE Proposed FTE Administration 2,634,644 23.70 3,258,912 23.70 624,268 23.69% Training,Learning,and Development 1,540,002 16.00 1,778,900 16.0 238,898 15.51% Fire Prevention Bureau 3,452,247 34.63 3,656,830 34.63 204,583 5.93% Fire Operations 50,620,005 476.30 57,323,014 479.30 6,703,009 13.24% Total 58,246,898 550.63 66,017,656 553.63 7,770,758 13.34% a April 5, 2022 28 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#72649 (Continued) Department Operating Budget Consolidated Grants Fund Program FY22 FY22 FY23 FY23 Change From FY22 Adopted FTE Proposed FTE FY 2023 Aid to Localities Grant 1,369,201 1.00 1,478,000 1.00 108,799 7.95% Fire Training Center OP 300,000 0.00 300,000 0.00 - 0.00% FY 2022 FEMA USAR Grant 364,574 3.60 602,382 3.60 237,808 65.23% Total 2,033,775 4.60 2,380,382 4.60 346,607 17.04% 5 Here is a summary of Major Changes&Initiatives: Major Changes & Initiatives Recruitment and Retention rtupR.c.rt:7G:,.202, Decrease in Applicants Retention - Losing Seasoned Employees Increase in Mandatory Overtime Burton Station- Engine&Ladder Personnel Step Plan-Compensation Adjustments April 5, 2022 29 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) FIRE DEPARTMENT ITEM#72649 (Continued) Initiatives Underway & Conclusion FY 23 Proposals Battalion Accountability and Safety Technicians - Funded Next Year Four-person Staffing (Eleven apparatus still at three-person) Compliance Officer Fire Captain Planning and Analysis Manager Research and Planning GIS Analyst Mayor Dyer expressed his appreciation to Chief Hutcheson for the presentation. April 5, 2022 30 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#72650 2:43 P.M. Mayor Dyer welcomed Chief Paul Neudigate. Chief Neudigate expressed his appreciation to City Council for their continued support: 3 • - lii -*44;44111k I, ' ' , it, - 744„ VItt r. g‘c., Ire , A- - r , ,.. _ ,aiii,e. \ i _ ... - l'13‘'''‘'4,411! - , .'Imino.. - , Voillr Police Department .0 FY 2022-23 Operating Budget Chief Paul W. Neudigate - '-"'' 1 Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY23 Budget 1050.90 4 S113,277,278 z April 5, 2022 31 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#72650 (Continued) Department Operating Budget Budget I 4% 6% 17% OAd ministration OSupport Olnvestigation IN Uniform Patrol Here is an overview of the Department Operating Budget: Department Operating Budget Program FY22 FY22 FY23 FY23 Change From FY22 Adopted FTE Proposed FTE Administration S8,963,666 66.27 S16,176,184 141.72 57,212,518 80.5% Support S5,892,710 70.80 S7,057,846 73.55 S1,165,136 19.8% Investigation S19,274,648 193.00 S19,602,193 175.2 5327,545 1.7% Uniform Patrol S73,560,603 712.03 570,441,055 660.43 (S3,119,548) (4.2%) Total S107,691,627 1042.10 $113,277,278 1050.90 S5,585,651 5.2% 4 April 5, 2022 32 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#72650 (Continued) The next two (2)slides provide 2022-23 Department Goals: 2022-23 Department Goals OUTSIDE ASSESSMENT OF SELECT GENERAL ORDERS • Ensure following policies conform to nationwide best practices by contracting with nationally recognized police research and policy organization to examine five of our highest liability polices Use of Force; Vehicle Pursuits;Police K9;Body Worn Cameras;Off Duty Employment OUTSIDE ASSESSMENT OF STAFFING NEEDS,ORGANIZATIONAL STRUCTURE,WORKLOAD,ETC. • Ensure the VBPD is appropriately staffed,and that staff is appropriately allocated to carry out the work of our department in an efficient and effective manner by contracting with an independent consulting firm to assess our agency's current structure,our existing staffing schedule,supervisory oversight,and personnel allocations. 2022-23 Department Goals DEVELOPMENT OF A DISCIPLINE MATRIX • Ensure consistent,impartial discipline across the department by developing a discipline matrix that balances rule violations with discipline within a defined range;providing a predetermined range of possible sanctions,considering any past transgressions EVALUATION/MODIFICATION OF OFF-DUTY POLICE RELATED EMPLOYMENT • Examine the current off-duty work demands for our agency,the resources required and the existing oversight to ensure a balanced off-duty employment need with department operational needs, responsibilities,and service demands April 5, 2022 33 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#72650 (Continued) The next two (2)slides provide 2022-23 Technology Initiatives: 2022-23 Technology Initiatives AUTOMATED LICENSE PLATE READER(ALPR)TECHNOLOGY • All Axon Fleet 3 MVRs have this capability if funded and activated • Identifies stolen cars,wanted persons,etc. • Researching allocating a set number to each precinct and Special Operations Bureau E-TICKETING • Contract finalized to provide modules for E-ticketing,Field Contacts,Crash Reports,Accident Exchange, K9 Tracking and Parking Ticketing • Researching funding/feasibility of issuing mobile devices to all sworn personnel CHORUS INTELLIGENCE SOFTWARE • Data aggregator software connects and searches various police databases and displays results in one platform • Used by Special Investigations Bureau,Detective Bureau,Precinct CSS,and Analytic Services Unit 2022-23 Technology Initiatives r AXON FLEET 3 MOBILE VIDEO RECORDERS(MVR) • 250 Fleet 3 cameras are being installed in all marked patrol vehicles • Estimated completion May 2022 AXON RECORDS/STANDARDS/MOBILE FIELD REPORTING • Will replace PISTOL and BlueTeam and improve the way our agency currently completes National Incident Based Reporting(offense reports) MOBILE DATA COMPUTER(MDC)REPLACEMENT • Panasonic CF 33(Second Generation)selected to replace current KDT • Will aid true field reporting capabilities Police HQ/Real Time Crime Center(2022-2023) • Renovations of the new Police HQ occurring • Real Time Crime Center(RTCC)where technology advancements can be monitored in real time.24/7 April 5, 2022 34 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#72650 (Continued) The next four(4)slides provide Staffing Initiatives: Staffing Initiatives FY2022-23 Operating Budget proposals requested funding for 17 additional sworn/non-sworn FTEs • Sworn vacancies average is 72 FTEs(from July 2021-January 2022) Approval by the City Manager to address these needs through the reclassification of existing sworn vacancies without additional FTEs or resources for FTEs We have identified sworn vacancies that will be reclassified to address identified needs,reclassifying sworn to different sworn titles and reclassifying sworn to non-sworn positions • accomplished outside of the budget process • Desire to restore authorized complement back to at least 803 sworn personnel if the Police Department can reach full staffing. Staffing Initiatives: Real Time Crime Center (RTCC) 24-hour,data-driven facility,closely aligned with VBPD's Analytical Services Unit,providing crucial crime trend analysis to assist with operational deployment efforts,to include: • Monitoring of City camera Network • NIBIN • ShotSpotter • ALPR • Social Media Monitoring • Social Network Analysis • Crime Analysis Information sharing is paramount between these two groups,and a solid organizational structure is required to ensure proper functioning of each. • Administrative Services Manager I(RTCC Manager) • Police Data Analysis Supervisor(Real Time Crime Center Supervisor) • Public Safety Analysts I(Real Time Crime Center Analysts) Total of 9 FTE's/3 shifts April 5, 2022 35 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) POLICE DEPARTMENT ITEM#72650 (Continued) Staffing Initiatives Police Sergeant-replace the newly implemented City Hall Security Sergeant which was taken from the Operations Division. Administrative Services Manager II(Services Unit Manager) Civilianize Services Lieutenant Manage 70 sworn and non-sworn employees who perform essential operations functions in NCIC/VCIN, Records,Citizen Services,FOIA,Property and Evidence,and Uniform and Supply. Reassigned lieutenant position will assume responsibility for all Youth Services initiatives,to include supervision of School Resource Officers,Cadet program,and youth related academies and programming. Public Safety Support Services Supervisor(Logistics Supervisor)-Civilianize Logistics Sergeant • Supervise 12 non-sworn employees in the Property and Evidence Unit,Uniform and Supply Unit,the False Alarm Reduction Unit and the Red-Light Camera/School Bus Stop Arm Enforcement Unit. Civilianizing this position will allow the Chief to reallocate this Sergeant to the Aviation Squad Sergeant position. Recent review of Aviation Unit strongly complexities and liability of aviation duties be overseen by a singular supervisor. Staffing Initiatives Administrative Services Coordinator(Department Asset Manager) • Provide centralized,consistent management,providing oversight,ensuring accountability and the equitable allocation of our high value assets,focusing on three areas.Fleet(610 fleet assets to include big&small motors,ATVs,boats, cars,SUVs and trucks),Equipment,and Facilities Management Forensic Specialist II(Digital Forensic Examiner) Assist Investigations by providing forensic examination of digital evidence,including cell phones,computers,and external hard drives Examination of and analysis of digital evidence is currently performed by two Digital Forensic Examiners assigned to the Special Investigations,Computer Crimes Unit,focused on Internet Crimes Against Children Over the last five years the number of Terabytes examined by these examiners has almost tripled : Victim Witness Caseworker(Police Department Victim Advocate) • We have employed one Victim Advocate since 2013 An increasingly heavy caseload allows us to assist only victims of the most serious crimes,relying on referrals to outside resources for victims involved with less serious crimes.This negatively effects the number of relationships she can develop in our at risk communities,reduces the diversity of contacts,and precludes the development of new initiatives to better serve the community. Mayor Dyer expressed his appreciation to Chief Neudigate for the presentation. April 5, 2022 36 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) SHERIFF AND CORRECTIONS ITEM#72651 3:28 P.M. Mayor Dyer welcomed Sheriff Kenneth Stolle. Sheriff Stolle expressed his appreciation to City Council for their continued support: -.> 4 S `4 ,-1 .!:-,-1. N . E!_, _ .•,_-_,, ‘. ,_ , • r , g .,-. ._ ,-- .., _ 4 --,.., - 111116 .„- ...„..-.:-.!.-. ,...„..„---- , 00/0 Sheriffs Office , FY 2022-23 Operating Budget Sheriff Ken Stolle ' , VI , 1---.: \ „...,t, Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY23 Budget 535.99 11 57,605,869 7 *Council Member Holcomb advised his Disclosure Letter, dated March 22, 2022, is on file in the City Clerk's Office and made a part of this record. April 5, 2022 37 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) SHERIFF AND CORRECTIONS ITEM#72651 (Continued) FY23 Programmatic Budget Budget S3,751,334 S4,186,514 S5,584,008 S44,084,013 •Admin°Courts oOperations oBooking 3 Here is an overview of the Department Operating Budget: Department Operating Budget Program FY22 FY22 FY23 FY23 Change From FY22 Amended FTE Proposed FTE Administration 3,421,563 37.76 4,186,514 35.45 764,951 22.36% Courts 5,166,232 76.39 5,584,008 77.39 417,776 8.09% Operational 43,474,517 377.84 44,084,013 379.15 609,496 1.40% Booking 3,544,815 44.0 3,751,334 44.0 206,519 5.83% Total 55,607,127 535.99 57,605,869 535.99 1,998,742 3.59% April 5, 2022 38 CITY MANAGER'S BRIEFINGS FY2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) SHERIFF AND CORRECTIONS ITEM#72651 (Continued) Here is a summary of Major Changes&Initiatives: Major Changes & Initiatives Implementation of Education and Longevity Incentives in January Approval for Contracted Laundry Services Initiatives Underway & Conclusion Unprecedented Level of Vacancies Discussion on Pay Parity Side by Side Comparison Deferred Pending Council Direction Mayor Dyer expressed his appreciation to Sheriff Stolle for the presentation. April 5, 2022 �4G BEA0�S • At 5 City of Virginia Beach sa ` + 4. • s Op OUR NOW°44. VBgov.corn N.D."ROCKY"HOLCOMB CELL PHONE.(757)416-2343 COUNCIL MEMBER March 22, 2022 rt,olcombevbgov.com DISTRICT 2-KEMPSVILLE In Reply Refer to 0075507 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's vote on the operating and capital budgets for FY22-23. 2. In addition to the City of Virginia Beach, the budget will provide funding to other entities, including the Virginia Beach Sheriff's Office, other constitutional offices, and Virginia Beach City Public Schools. I am employed by the Virginia Beach Sheriffs Office (VBSO), and I therefore have a personal interest in the VBSO. 3. I am a member of a group—employees of VBSO—and I am able to participate in the Council's consideration of the operating and capital budgets fairly,objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, 27D fr-to-11/-1/ N.D. Rocky Holcomb Councilmember NDH/RRI 2401 COURTHOUSE DRIVE,SUITE 281,VIRGINIA BEACH,VA 23456 39 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) JUVENILE AND DOMESTIC RELATIONS COURT ITEM#72652 3:49 P.M. Mayor Dyer welcomed Honorable Philip C. Hollowell, Chief Judge. Judge Hollowell expressed his appreciation to City Council for their continued support: t , _. - )..., jib- } '\ --3;-T,::: r ��, :: It 2- ;- tAll Ju�-enile & Domestic Relations District Court "� FY 2022-23 Operating Budget vi Hon. Philip C. Hollowell, Chief Judge IOC_NEL Here is the Organization Summary: Organization Summary Total FTEs Number of Divisions Total FY23 Budget 38 Clerk FTEs&6Judges No Divisions $217,841* (State Employees) submitted by City Manager l April 5, 2022 40 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) JUVENILE AND DOMESTIC RELATIONS COURT ITEM#72652 (Continued) FY23 Budget as recommended by City Manager BUDGET Contracted Manpower:: Salary Supplements::;: S72,400 `: Here is an overview of the Department Operating Budget with Department's Requests: Department Operating Budget with Department's Requests Program FY22 FY22 FY23 FY23 Change From FY22 Amended FTE Proposed FTE JDRC-Recommended S217,841 0 $217,841 0 No change by City Manager JDRC-Request 1 $21 7,841 0 $284,441 0 $66,600 to increase supplement JDRC-Request 2 $21 7,841 0 S237,841 0 $20,000 to increase contracted manpower JDRC-Request 1&2 $21 7,841 0 $304,441 0 $86,600 for both requests 4 April 5, 2022 41 CITY MANAGER'S BRIEFINGS FY 2022-23 RESOURCE MANAGEMENT PLAN(BUDGET) JUVENILE AND DOMESTIC RELATIONS COURT ITEM#72652 (Continued) Here is a summary of Major Changes&Initiatives: Major Changes & Initiatives Case filings have returned to Pre-COVID numbers Virginia Beach JDRC processes the largest number of cases in the state Since February 2020, 26 employees have separated from the court with more than half for higher pay Two long-term employees will be retiring in the next 3-4 months Court is experiencing a significant backlog of new filings Applications are down along with quality of applicants Here is the Conclusion: Conclusion Requesting an increase of clerk salary supplement to match the state's average supplement and make salaries comparable to city employees with similar job duties ($66,600 increase forjDRC & $108,000 for GDC) Requesting an increase of contract manpower to hire part-time staff to assist with the backlog of filings ($20,000) Mayor Dyer expressed his appreciation to Judge Hollowell for the presentation. April 5, 2022 42 CITY MANAGER'S BRIEFINGS FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#72653 4:19 P.M. Mayor Dyer welcomed Kevin Fairley, Information Services Administrator. Mr. Fairley expressed his appreciation to City Council for their continued support: t 4,. 1 tc;---,----.- - - .4 \ --, ''' -** I ._ ,A:, .._ ' .444 %, ., ,...4., ,.., .4. ii: Is.,,...___, ire - t t , .. _ ---, ,... , ,... . it , s\---- -o/ x , \ 1 Information Technology CIP ' , FY 2022-23 through 2027-28 -= Kevin Fairley . . ‘; I 11.\ Information Technology Overview 42 total projects 33 Existing and 9 New Portfolio for FY23 through FY28 includes $140,268,898 FY23 programmed funding is $48,927,015 Existing projects are programmed at$42,91 5,295 9 newly proposed projects at $6,011,720 April 5, 2022 43 CITY MANAGER'S BRIEFINGS FY2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#72653 (Continued) The next several slides provide an overview of Projects With No Change (20): Projects With No Change (20) Council Appropriations FY23 FY24-28 Balance Project Total to District to Date Budget Budget Complete 100067:Next Generation Content All Management 450,000 125,000 0 575,000 100068:Sheriff Inmate Tracking and 2 Status Monitoring 988,009 0 0 988,009 100083:Cable Access Infrastructure Replacement II All 1,260,000 315,000 1,575,000 3,150,000 100103:IT Service Continuity II All 6,410,681 1,020,458 5,102,290 12,533,429 100105:Maintain and Secure Corporate Data All 2,636,960 1,325,500 12,733,673 16,696,133 100110:Police Oceanfront Cameras 5&6 4 965 400 0 0 4 965 400 Projects With No Change (2o) Council Appropriations FY23 FY24-28 Balance Project Total to District to Date Budget Budget Complete 100112:Police Radio Encryption All 4,958,165 0 0 4,958,165 100118:Telecommunications All Replacement II 4,554,494 1,100,000 5,410,000 11,054,494 100412:E-Business Suite Upgrade NA 1,199,188 0 0 1,119,188 100514:Real Estate Software All Revitalization 3,250,000 0 0 3,250,000 100533:Next Generation 911 All 1,561,397 2,500,000 0 4,061,397 100541:Enterprise Electronic Content &Records Management(ECRM) NA Solution 0 0 3 389 366 3 389 366 April 5, 2022 44 CITY MANAGER'S BRIEFINGS FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOL OG Y ITEM#72653 (Continued) Projects With No Change (20) Council Appropriations FY23 FY24-28 Balance Project Total to District to Date Budget Budget Complete 100569:Libraries Meeting Space All Technology Modernization 397,442 0 0 397,442 100571:Electronic Pollbook All Replacement 517,608 0 0 517,608 100572:HR/Finance System NA Sustainment 1,240,836 1,245,026 6,460,431 8,946,293 100580:Gunshot Detection System All 1,386,000 630,000 3,1 50,000 5,166,000 100583:Wi Fi in City Parks All 61,400 156,080 927,000 1,144,480 100592:Enhanced Telehealth&Case All Management-ARPA 2 224 000 0 0 2 224 000 Projects With No Change (20) Council Appropriations FY23 FY24.28 Balance Project Total to District to Date Budget Budget Complete 100593: Southside Network Authority All Regional Broadband Ring-ARPA 7,000,000 0 0 7,000,000 100594: Library Meeting Rooms All Technology Modernization-ARPA 743,000 0 0 743,000 6 April 5, 2022 45 CITY MANAGER'S BRIEFINGS FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#72653 (Continued) The next several slides provide an overview of Projects With Modifications (13): Projects With Modifications (13) Council Appropriations FY23 FY24-28 Balance Project District to Date Budget Budget Total to Complete 100074:21st Century Enterprise NA Resource Planning(HCM) 8,863,226 0 4,602,200 13,465,426 100076:Accela Sustainment All 1,446,532 675,000 3,795,000 5,916,532 100084:CIT-City Software NA Upgrade/Replacement Plan 10,195,800 2,500,000 15,500,000 28,195,800 100087:Communications Infrastructure Replacement III All 16,000,040 13,736,126 3,134,005 32,870,171 100094:Enterprise Customer All Relationship Management System 608,166 1,360,000 3,323,238 5,291,404 100095:Enterprise Scheduling and NA Timekeeping System 5,736,589 0 0 5,736,589 Projects With Modifications (13) Council Appropriations FY23 FY24-28 Balance Project District to Date Budget Budget Total to Complete 100106:Next Generation Network All 12,634,989 4,070,659 1,250,000 17,955,648 100107:Network Infrastructure All Replacement III 17,808,961 9,316,446 17,082,480 44,207,887 100113:CIT-Enterprise Public Safety NA Systems 18,030,162 1,100,000 0 19,130,162 100570:ECCS Back-Up Site Phase II All 0 250,000 2,557,200 2,807,200 100574:Courts Technology System All Sustainment 1,393,064 250,000 0 1,643,064 100579:Juvenile Detention Center All Security Replacement 598 266 490 000 0 1 088 266 April 5, 2022 46 CITY MANAGER'S BRIEFINGS FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#72653 (Continued) Projects With Modifications (13) Council Appropriations FY23 FY24-28 Balance jet Project District to Date Budget Budget Total to Complete 100581:Comprehensive Crime Prevention through Environmental All Design 1,1 1 7,000 750,000 0 1,867,000 The next two (2)slides provide an overview of New Projects(9): New Projects (9) Council Appropriations FY23 FY24-28 Balance Project Total to District to Date Budget Budget Complete Revenue Management System All Sustainment 0 465,750 1,250,000 1,715,750 Check Processing System Upgrade All 0 677,000 0 677,000 Human Services-Document All Management System Expansion 0 1,353,000 0 1,353,000 Children's Services Act Modernization All 0 975,000 0 975,000 Human Services-Evidence All Management System 0 520,000 0 520,000 Migration of Virginia Aquarium 6 SCADA to the City Network 0 403 000 0 403 000 April 5, 2022 47 CITY MANAGER'S BRIEFINGS FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#72653 (Continued) New Projects (9) Council Appropriations FY23 FY24-28 Balance Project District to Date Budget Budget Total to Complete Forensic Evidence Management All 0 506,000 0 506,000 Virginia Aquarium Security Cameras 6 0 551,345 0 551,345 Public Use Facility Unified Meeting All Space Modernization 0 560,625 0 560,625 The next three(3)slides provide an overview of Projects With Major Changes: Projects With Major Changes list Century Enterprise Resource Planning (HCM) Council District Appropriations to FY23 Budget FY24-28 Budget Total Balance to Date Complete NA 8,863,226 0 4,602,200 13,465,426 Future funding moved out to FY2S to accommodate project schedules, staffing impacts, and organizational change management April 5, 2022 48 CITY MANAGER'S BRIEFINGS FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#72653 (Continued) Projects With Major Changes Enterprise Customer Relationship Management Council District '4ppropriations to FY23 Budget FY24-28 Budget Total Balance to Date Complete A11 608 166 1 360 000 3 323 238 5 291 404 Funding is available to expand from our pilot phase to add new online City service requests, capabilities, and workflows: 31 1 Chat Bot ti I 11- It Online for Waste Management �= payments 9 .._— Add Resort Management Add Housing and Neighborhood Preservation 13 Projects With Major Changes Check System Upgrade Council District Appropriations to FY23 Budget FY24-28 Budget Total Balance to Date Complete All 0 677,000 0 677,000 New project funded to replace a mission critical system for the Treasurer's Office to modernize check processing and handling hardware and software CPPII 'AM Deposits can approach $20M day .jam._ .�. II � D 14 April 5, 2022 49 CITY MANAGER'S BRIEFINGS FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#72653 (Continued) Here are Projects Underway& Conclusion: Projects Underway & Conclusion Information Security enhancements (Emerging Threats) Regional Broadband Ring is funded by all participating localities Courts technology refresh is underway In-courtroom equipment carts in place; remaining hardware on order Wi-Fi install in progress at Princess Anne Athletic Complex Central Library meeting room technology ordered Equipment will serve as the standard for branch libraries 16 Projects Underway & Conclusion Police Records Management system replacement in progress Mobile Policing eTicketing Crash Reporting Citizen Engagement Police in-car camera installation almost complete April 5, 2022 50 CITY MANAGER'S BRIEFINGS FY 2022-23 CAPITAL IMPROVEMENT PROGRAM(CIP) INFORMATION TECHNOLOGY ITEM#72653 (Continued) Discussion 1, Mayor Dyer expressed his appreciation to Mr. Fairley for the presentation. April 5, 2022 51 CITY COUNCIL LIAISON REPORTS ITEM#72654 4:39 P.M. Council Member Berlucchi advised he met with Mike Harris, General Manager of the Lynnhaven Mall yesterday at the mall and was impressed with the art displayed for Art of the Military Child. Council Member Berlucchi advised while speaking with Mr. Harris, he was informed Lynnhaven Mall generates approximately$31-Million in tax revenue annually. Council Member Berlucchi advised while marketing for the City is generally focused on areas of commerce at the Resort and Town Center, it is also important to recognize Lynnhaven District which is a very vibrant district that significantly contributes to the City's growth. Council Member Berlucchi advised he will meet with Taylor Adams, Deputy City Manager, to discuss ways to improve marketing and messaging for the Lynnhaven District. April 5, 2022 52 CITY COUNCIL LIAISON REPORTS ITEM#72655 (Continued) Council Member Berlucchi advised he and Mayor Dyer attended the Season of Nonviolence ceremony held yesterday in the ViBe Creative District. Council Member Berlucchi advised partnership for the event included members from the Human Rights Commission, National Alliance on Mental Illness (NAMI) of Coastal Virginia and the ViBE Creative District. Council Member Berlucchi advised it is a wonderful example of what happens when people of good faith come together to demonstrate care and take actions to address acts of violence. Council Member Berlucchi added it was very touching to see the family members of Donovan Lynch and DeShayla Harris in attendance who were embraced by the community. April 5, 2022 53 CITY COUNCIL LIAISON REPORTS ITEM#72656 (Continued) Vice Mayor Wilson advised she and Mayor Dyer attended the regional Youth Violence Task Force meeting with leadership from the surrounding cities and was very proud of Mayor Dyer's leadership. Vice Mayor Wilson believes it is important to discuss issues involving youth violence honestly, as difficult as it can be, in order to work on them. Mayor Dyer expressed his appreciation to Vice Mayor Wilson for heading up the task force. April 5, 2022 54 CITY COUNCIL LIAISON REPORTS ITEM#72657 (Continued) Council Member Wooten advised she attended the two(2)day 5/31 Memorial Committee meeting last week and participated in a reflection activity on the first day. Council Member Wooten advised Committee members took on roles relating to the tragedy such as a staff member,family member or resident to provide reflection on what each may be feeling. Council Member Wooten chose the staff role and acknowledged while she cannot know how staff feels, she would like to distribute surveys to better understand how staff members are feeling and what they want regarding the memorial. Council Member Wooten advised the Committee took a tour of possible memorial sites on the second day and are continuously gathering feedback. Council Member Wooten expressed her appreciation to the facilitator and staff for their work on the Committee. April 5, 2022 55 CITY COUNCIL LIAISON REPORTS ITEM#72658 (Continued) Council Member Branch advised he attended the Bayfront Advisory Committee meeting yesterday with members of the Cape Henry Shores community who are concerned about sand replenishment issues on their beach. Council Member Branch advised Mr. Dan Adams from Public Works, Coastal Engineering, provided an impressive one (1) hour presentation and answered questions, adding he was a shining example of what customer service should be. Council Member Branch advised he will follow up with the residents again on the progress and future programs to rebuild the dunes next year. April 5, 2022 56 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72659 4:51 P.M. Council Member Moss advised he will be providing the Body with a draft Ordinance next Tuesday regarding an alternative budget he is proposing to reduce the Real Estate tax rate to 91.117 cents. Council Member Moss advised it is important to recognize residents are suffering and using their savings right now and be sensitive to their needs. Council Member Moss is hopeful this year's reconciliation process will be more transparent than it has traditionally been in the past. April 5, 2022 57 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72660 (Continued) Mayor Dyer advised he has received several compliments from the community regarding City Manager Duhaney's initiatives to improve City processes by making them easier to get to "yes" solutions and expressed his sincere appreciation to Mr. Duhaney and his staff for being such positive ambassadors for the City. April 5, 2022 58 AGENDA REVIEW SESSION ITEM#72661 4:53 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section: 2-20 re Regular City Council Meetings(Requested by City Council) 2. Ordinances to APPROVE and ADOPT a City Council: a. Policy re Council Member communications to all City Employees(Requested by City Council) b. Revised Policy re Council Member sponsored forums and events(Requested by Council Member Berlucchi) 3. Ordinance to AMEND the Ordinance creating the Atlantic Park Community Development Authority(Adopted September 7, 2021) 4. Ordinances to AUTHORIZE the City Manager to enter into a lease of City-owned property re use of premises: a. Four (4) months for the Summer of 2022 and for each of the next four (4) summers with Dolphin Run Condominium Association,Inc. at 3rd Street and Atlantic Avenue b. One (1)year with four(4) one (1)year renewal options with C.B.M. Co. (t/a Schooner Inn)at 2nd Steet and Atlantic Avenue 5. Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads 6. Ordinance to EXTEND the date for satisfying the conditions re closing an unimproved portion of Singleton Way (formerly Princess Anne Road), South Witchduck Road (formerly Kempsville Road) and Princess Anne Road (relocated) adjacent to the North, East and Southeast sides of the parcel 7. Ordinances to AUTHORIZE temporary encroachments into a portion of City-owned: a. Property known as Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven River located at the rear of 2601 Sandy Valley Road re construct and maintain a wood pier addition over an existing pier,maintain an existing boat lift and floating pier and gangway DISTRICT 8 (formerly District 6-Beach) April 5, 2022 59 AGENDA REVIEW SESSION ITEM#72661 (Continued) b. Property known as Lake Rudee and an existing five feet (5) drainage easement, located at the rear of 6 Caribbean Avenue re construct and maintain a side-mounted boat lift and six feet(6')PVC fence and maintain an existing arbor and four feet (4') metal fence DISTRICT 5 (formerly District 6-Beach) c. Right-of way known as the twenty feet(20')Alley between 18`h Street and 19`h Street, located at the rear of 410 and 412 19th Street re maintain concrete pavement, curbing,gutter and wood fence DISTRICT 6(formerly District 6- Beach) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Tourism Authority to fund historical and cultural content with the Virginia African American Cultural Center;ACCEPT and APPROPRIATE$1-Million donation from the Virginia Tourism Authority to the FY 2021-22 Operating Budget and EXECUTE a Memorandum of Understanding(MOU)with the Virginia African American Cultural Center,Inc. re expenditure of funding from the Virginia Tourism Authority 9. Ordinance to APPROPRIATE $2.3-Million to the FY 2021-22 Water and Sewer Capital Improvement Program (CIP) re Capital Projects #100186 "First Colonial Road/Virginia Beach Intersection Improvements—Sewer"and#10085 "First Colonial Road/Virginia Beach Boulevard Intersection Improvements— Water" 10. Ordinances to ACCEPT and APPROPRIATE: a. $37,174 from the Virginia Department of Social Services and to the FY 2021- 22 Human Services Operating Budget re enhance and improve the Adult Protective Services Program including the response to the COVID-19 pandemic b. $16,435 from the Virginia Department of Social Services and to the FY 2021- 22 Human Services Operating Budget re promoting Safe and Stable Families Program c. $145,000 from the Virginia Department of Emergency Management via the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) re replacement of outdated or obsolete items for Police Special Operations Unit April 5, 2022 60 AGENDA REVIEW SESSION ITEM#72661 (Continued) J. ORDINANCES/RESOLUTION: COUNCIL MEMBER WOOTEN WILL VOTE VERBAL NAY ON ITEM#2a ITEM#2b WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#4a ITEM#5 WILL BE CONSIDERED SEPARA TEL Y ITEM#7b WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#8 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#8 April 5, 2022 61 AGENDA REVIEW SESSION ITEM#72661 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. BAKER ROAD PROPERTIES,LLC for a Conditional Change ofZoningfrom I-1 Light Industrial District to Conditional A-36 Apartment District re construction of 524 dwelling units at a density of 35.67 units per acre at 1276 Baker Road DISTRICT 4(formerly District 4—Bayside) 2. NORTH INDEPENDENCE STORAGE, LLC/WELLS FARGO for a Conditional Use Permit re mini-warehouse at 1612 Independence Boulevard DISTRICT 9(formerly District 4—Bayside) 3. GEORGI STOYANOV for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 115 DISTRICT 6(formerly District 6—Beach) 4. JESSE RYAN for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit C DISTRICT 5(formerly District 6—Beach) 5. Ordinance to AMEND Section 111 of the City Zoning Ordinance(CZO) to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the City Zoning Ordinance(CZO) to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the City Zoning Ordinance (CZO) to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts(Sponsored by Vice Mayor Wilson) K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED FOR DEFERRAL TO APRIL 19,2022 ITEM#3 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#5 WILL BE CONSIDERED FOR DEFERRAL TO MAY 17, 2022 April 5, 2022 62 ITEM#72662 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: SECURITY MATTERS:Discussion of plans to protect public safety as it relates to terrorist activity or specific security threats or vulnerabilities and briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; discussion of information excluded from this chapter pursuant to subdivision 3 or 4 of Section 2.2- 3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program; or discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure pursuant to Section 2.2-3711(A)(19). • Oceanfront Security Briefing 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 April 5, 2022 63 ITEM#72662 (Continued) Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 5:07 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Closed Session 5:07 P.M. — 5:58 P.M. April 5, 2022 64 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL APRIL 5,2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, April 5, 2022, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Council Member Jones 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. April 5, 2022 65 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 identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record. April 5, 2022 66 ITEM— VLE CERTIFICATION ITEM#72663 Upon motion by Council Member Moss, seconded by Vice Mayor Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Guy K. Tower—stepped out during vote April 5, 2022 40,11A BE4c q-AL: s OF OUR NA1‘G4S 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#72662 on Page 63 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. I I fan#! rnes, MMC City Clerk April 5, 2022 67 ITEM— VLF.] MINUTES ITEM#72664 Upon motion by Council Member Moss,seconded by Council Member Holcomb, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 15,2022 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 68 ITEM— VLF.2 MINUTES ITEM#72665 Upon motion by Council Member Moss,seconded by Council Member Holcomb, City Council APPROVED the MINUTES of the SPECIAL SESSION of March 22,2022 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 69 ITEM— VLF.3 MINUTES ITEM#72666 Upon motion by Council Member Moss,seconded by Council Member Holcomb, City Council APPROVED the MINUTES of the SPECIAL SESSION of March 28,2022 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 70 ITEM— VI.G.1 PUBLIC COMMENTS ITEM#72667 Mayor Dyer DECLARED a PUBLIC COMMENT.• LITTLE ISLAND PARK FISHING RESTRICTIONS The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT April 5, 2022 71 ITEM— VI.G.2 PUBLIC COMMENTS ITEM#72668 Mayor Dyer DECLARED a PUBLIC COMMENT: REVISED CITY COUNCIL SPEAKER POLICY The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT April 5, 2022 72 ITEM— VI.H.1 PUBLIC HEARINGS ITEM#72669 Mayor Dyer DECLARED a PUBLIC HEARING: LEASES OF CITY PROPERTY 3rd Street and Atlantic Avenue Intersection of 2"1 Street and Atlantic Avenue The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING April 5, 2022 73 ITEM— VLH.2 PUBLIC HEARINGS ITEM#72670 Mayor Dyer DECLARED a PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY 108 Lavergne Lane and 108& 112 Air Station Drive The following registered to speak: Barbara Messner, P. O. Box 514—spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING April 5, 2022 74 ITEM— VI.I FORMAL SESSION AGENDA ITEM#72671 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three (3)minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514—spoke in OPPOSITION to: Ordinances/Resolutions J: 1, 2b, 4a/b, 6, 7a/b/c, 9 and 10a/b/c and Planning Items K• 2, 3, 4 and 5 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolution J: 1, 2b, 4a/b, 6, 7a, 7b (DEFERRED INDEFINITEL I), 7c, 9 and 10a/b/c and Planning Items K: 2 (DEFERRED TO APRIL 19, 2022, 3 (DEFERRED INDEFINITELY), 4 and 5(DEFERRED TO MAY 17,2022) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None J. ORDINANCES/RESOLUTION: COUNCIL MEMBER WOOTEN WILL VOTE VERBAL NAY ON ITEM#2a ITEM#2b WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#4a ITEM#5 WILL BE CONSIDERED SEPARA TEL Y ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#8 K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y April 5, 2022 75 ITEM— VLJ.1 ORDINANCES/RESOLUTIONS ITEM#72672 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section:2-20 re Regular City Council Meetings(Requested by City Council) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCILMEMBERS BERLUCCHI, BRANCH, HENLEY, HOLCOMB, JONES, MOSS, ROUSE, AND TOWER 1 AN ORDINANCE TO AMEND SECTION OF THE CITY 2 CODE REGARDING REGULAR CITY COUNCIL MEETINGS 3 4 SECTION AMENDED: 2-20 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 1. Section 2-20 of the City Code is hereby amended and reordained to read as 10 follows: 11 12 Sec. 2-20. Time and place of regular meetings. 13 14 (a) Regular formal meetings of the council shall be held in the Council Chamber of the 15 City Hall Building, Municipal Center, Virginia Beach, Virginia, on the first and third 16 Tuesdays of each month at 6:00 p.m., unless such date shall fall upon a legal holiday. If, 17 however, the first Tuesday of November is the date of the general election, the November 18 regular formal meetings of the council shall instead be held on the second and third 19 Tuesdays of the month at 6:00 p.m. Additionally, the August regular formal meetings of 20 the council shall be held on the second and third Tuesdays of the month at 6:00 p.m., and 21 in July and December of each year, regular meetings shall instead be held on the first two 22 (2) Tuesdays of the month at 6:00 p.m. The council may also convene informal meetings 23 on the dates of regular formal meetings at such times as the council may deem 24 appropriate, and on the second and fourth Tuesday of every month except July and 25 December. Informal meetings, which shall be held in the Council Chamber or Council 26 Conference Room, as noted in the posted agenda for such meetings, and at which no 27 votes shall be cast, shall be for the purpose of discussing matters of interest to the council, 28 and receiving briefings/reports from the city manager, city staff and city boards, 29 commissions, committees and other city agencies. There shall be no informal meeting 30 on a Tuesday that is also the date of the general election. Closed session may be 31 convened in the Conference Room adjacent to the Council Chamber. The city manager 32 shall notify the public of the times of such informal meetings in advance thereof. 33 34 (b) Regular formal meetings shall, in addition to those provided in subsection (a), be held 35 on the second and fourth Tuesdays of each month. Such formal meetings will be held at 36 the conclusion of the informal meetings for the purpose of convening into closed session 37 to consider appointments to boards and commissions. For July and December, the 38 regular formal meetings described in this subsection (b) will not be held. For August and 39 those instances where the first Tuesday of November is the date of the general election, 40 the regular formal meetings described in this subsection (b) will be held on the fourth 41 Tuesday of the month. 42 43 (b) To accommodate citizen participation in public hearings, the council may convene 44 any council meeting at such public facility in the city that will in the judgment of city council 45 accommodate the citizens; provided, however, that notice shall be provided to the press 46 and public by the city manager. 47 48 49 2. The City Clerk shall cause a copy of this ordinance to be posted on the door of the 50 Council Chamber of the City Hall Building and a public notice of these changes to 51 be published in the Beacon. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of April , 2022. APPROVED AS TO LEGAL SUFFICIENCY: :: 747M/,‘‘ e City Attorney's Offic CA15744 R-2 March 23, 2022 76 ITEM— VI.J.2a ORDINANCES/RESOLUTIONS ITEM#72673 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to APPROVE and ADOPT a City Council: a. Policy re Council Member communications to all City Employees (Requested by City Council) Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: None April 5, 2022 REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, COUNCILMEMBERS BERLUCCHI, BRANCH, HENLEY, HOLCOMB, JONES, MOSS, ROUSE, AND TOWER 1 AN ORDINANCE APPROVING AND 2 ADOPTING A POLICY PERTAINING TO 3 COUNCILMEMBER COMMUNICATIONS TO 4 ALL CITY EMPLOYEES 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council hereby approves and adopts the policy entitled 10 "Councilmember Communications to All City Employees," which policy has been 11 exhibited to the City Council, and a true copy of which is on file in the City Clerk's Office. Adopted by the City Council of Virginia Beach, Virginia on this 5th day of April , 2022. APPROVED AS TO LEGAL SUFFICIENCY: k — City Attorney's Office CA15746 R-1 March 23, 2022 77 ITEM— VI.J.2b ORDINANCES/RESOLUTIONS ITEM#72674 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Berlucchi, seconded by Council Member Moss, City Council DEFERRED TO APRIL 19, 2022, Ordinance to APPROVE and ADOPT a City Council: b. Revised Policy re Council Member sponsored forums and events (Requested by Council Member Berlucchi) Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: None April 5, 2022 78 ITEM— VLJ.3 ORDINANCES/RESOLUTIONS ITEM#72675 The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Branch, seconded by Council Member Tower, City Council ADOPTED Ordinance to AMEND the Ordinance creating the Atlantic Park Community Development Authority (Adopted September 7, 2021) Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Voting Nay: Sabrina D. Wooten Council Members Absent: None April 5, 2022 1 ORDINANCE AMENDING AN ORDINANCE 2 CREATING THE ATLANTIC PARK COMMUNITY 3 DEVELOPMENT AUTHORITY ADOPTED ON 4 SEPTEMBER 7,2021 5 6 WHEREAS, the City of Virginia Beach Development Authority (the "Petitioner") and 7 Atlantic Park, Inc. (the "Developer"), previously entered into the Dome Site Development 8 Agreement dated as of December 23, 2019 (the "Development Agreement"), to provide for the 9 development and redevelopment of an approximately 13-acre site near the oceanfront between 10 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), collectively known as 11 the Dome Site(the "Property"), into a mixed-use development featuring retail, office, residential, 12 parking and entertainment components (the "Project"); 13 14 WHEREAS,the Development Agreement contemplated the establishment of the Atlantic 15 Park Community Development Authority(the "CDA") pursuant to the Virginia Water and Waste 16 Authorities Act,Chapter 51,Title 15.2,Code of Virginia of 1950,as amended(the"Act"),to assist 17 in the acquisition, financing, funding, design, construction and equipping of a portion of the 18 infrastructure improvements to be constructed pursuant to the Development Agreement; 19 20 WHEREAS,the Petitioner,as the fee simple owner of the Property, filed a petition for the 21 creation of the CDA dated September 7, 2021 (the "Original Petition"), with the City; 22 23 WHEREAS, consistent with the terms of the Development Agreement and the Original 24 Petition, the City Council of the City (the "Council") adopted an ordinance on September 7, 2021 25 (the "Original CDA Ordinance"), creating the CDA and empowering it to, among other things, 26 assist in the acquisition, financing, funding, design, construction and equipping of the 27 infrastructure described in Exhibit D to the Original Petition (referred to herein as the "Original 28 Infrastructure"); 29 30 WHEREAS, in the course of conducting the pre-development activities contemplated by 31 the Development Agreement, the parties have determined that (a) certain modifications to the 32 Development Agreement are necessary and appropriate to achieve successful completion of the 33 Project and(b)certain additional public infrastructure improvements described in Exhibit A to the 34 Addendum (the "Offsite Infrastructure") are necessary or desirable for development or 35 redevelopment within or affecting the Property or to meet the increased demands placed upon the 36 City as a result of development or redevelopment within or affecting the Property,which comprises 37 all of the land within the CDA District(as defined in the Original Petition); 38 39 WHEREAS, the Council adopted a resolution on November 16, 2021, (a) approving the 40 agreed upon modifications to the Development Agreement specified therein, (b) establishing the 41 Offsite Infrastructure as Capital Project #100606 and (c) appropriating $17,729,147 to fund the 42 costs of the Offsite Infrastructure(as detailed in Exhibit A to the Addendum); 43 44 WHEREAS, the Petitioner adopted a resolution on November 16, 2021, approving the 45 agreed upon modifications to the Development Agreement specified therein; 46 WHEREAS, in accordance with, and to give effect to, the agreed upon modifications to 47 the Development Agreement, the Petitioner, as the sole fee simple owner of the Property, has 48 submitted an Addendum to the Original Petition dated March 31, 2022 (the "Addendum" and, 49 together with the Original Petition,the"Amended Petition"),supplementing and amending certain 50 provisions of the Original Petition to request that the CDA be empowered to assist in the 51 acquisition, financing, funding, design, construction and equipping of the Offsite Infrastructure; 52 53 WHEREAS,the Council proposes to supplement and amend the provisions of the Original 54 CDA Ordinance to empower the CDA to assist in the acquisition, financing, funding, design, 55 construction and equipping of the Offsite Infrastructure; 56 57 WHEREAS,the empowerment of the CDA to assist in the acquisition,financing, funding, 58 design, construction and equipping of the Offsite Infrastructure (a) will benefit the citizens of the 59 City by promoting increased employment opportunities, a strengthened economic base, increased 60 tax revenues and additional business, retail, tourism and recreational opportunities and(b)will be 61 necessary or desirable for development or redevelopment within or affecting the CDA District or 62 to meet the increased demands placed upon the City as a result of development or redevelopment 63 within or affecting the CDA District; 64 65 WHEREAS, a public hearing has been held on March 15, 2022, by the Council on the 66 adoption of this Ordinance and notice has been duly provided as set forth in§§15.2-5104 and 15.2- 67 5156 of the Act; and 68 69 WHEREAS, the Petitioner has waived in writing its right to withdraw its signature from 70 the Addendum to the extent §15.2-5156(B) of the Act applies thereto; 71 72 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 73 OF VIRGINIA BEACH, VIRGINIA: 74 75 1. Additional Facilities and Services. Section 3 of the Original CDA Ordinance is 76 hereby supplemented to provide that the CDA shall also be formed for the purpose of acquiring, 77 financing, funding, designing, constructing, equipping and providing for the construction, 78 installation, operation, maintenance (unless dedicated to and accepted by the appropriate 79 governmental entity other than the CDA), enhancement, replacement, relocation and alteration of 80 all or portions of the public infrastructure, facilities and services identified on Exhibit A to the 81 Addendum. 82 83 2. Revised Articles of Incorporation. Attached hereto as Exhibit A are the proposed 84 Articles of Incorporation of the CDA(the"Revised Articles of Incorporation"). The City Manager 85 is authorized and directed to execute and file such Revised Articles of Incorporation on behalf of 86 the Council with the State Corporation Commission in substantially the form attached as Exhibit 87 A with such changes, including insubstantial changes to the boundary description of the CDA 88 District described therein, as the City Manager may approve. The City Manager is authorized to 89 approve such changes or corrections to the Revised Articles of Incorporation prior to filing with 90 the State Corporation Commission as do not change the purpose or function of the CDA as set 91 forth in the Original CDA Ordinance, as amended by this Ordinance (together, the "Amended 2 92 CDA Ordinance"), and in the Amended Petition. For the avoidance of doubt, the provisions of 93 this Section 2 shall supersede the provisions of Section 4 of the Original CDA Ordinance. 94 95 3. Capital Cost Estimates. The Council hereby finds, in accordance with §15.2- 96 5103(B) of the Act, that it is impracticable to include capital cost estimates, project proposals and 97 project service rates, except as preliminarily summarized in the Amended Petition. 98 99 4. Initial Membership of the Authority. Subsection 6(c) of Original Petition is 100 hereby amended to provide that the initial members of the CDA Board shall be as set forth in the 101 Revised Articles of Incorporation for the terms set forth therein. 102 103 5. Amendment of Plan of Finance; Issuance of Bonds and Incurrence of Other 104 Payment Obligations. Section 7 of the Original CDA Ordinance is hereby amended and restated 105 to read as follows: 106 107 "(a) The public infrastructure, facilities and services to be undertaken by or on 108 behalf of, the CDA, the City or the Petitioner as described herein and in the Amended 109 Petition shall be funded from all or some of the following sources: (i) bonds to be issued 110 by the CDA (collectively, the "Bonds") as well as other obligations of the CDA for the 111 payment of money (collectively, the "Other Payment Obligations" and, together with the 112 Bonds, the "CDA Obligations"); (ii) special assessments to be levied pursuant to §15.2- 113 5158(A)(5) of the Act; (iii) a special tax to be levied pursuant to §15.2-5158(A)(3) of the 114 Act; and (iv) contributions made by the City of certain tax revenues generated from the 115 property and activity within the CDA District as more particularly described in the 116 Development Agreement, as it may be amended, and in a memorandum of understanding 117 to be entered into by the CDA, the City, the Petitioner and the Developer. 118 119 (b) The CDA Obligations may be issued or incurred in one or more series, 120 provided that (i)the annual debt service on the Bonds may not exceed $5,000,000, (ii)the 121 Bonds may not be issued for a term longer than 23 years (with only interest payable for up 122 to the first three years and principal and interest payable over the final 20 years), (iii) the 123 Bonds must be structured to achieve level debt service over the final 20 years, (iv) the 124 aggregate principal amount of the Other Payment Obligations may not exceed$17,700,000 125 and (v) the Other Payment Obligations may not have a term longer than 40 years. The 126 proceeds from the sale of CDA Obligations will be used to (x) pay (A) the costs of the 127 infrastructure, facilities and services as described in the Amended CDA Ordinance and the 128 Amended Petition, (B) the costs of issuing or incurring the CDA Obligations and (C) 129 certain interest on the Bonds for a period of up to 36 months after the issuance of the Bonds 130 and(y) fund any required reserves in connection with the Bonds. 131 132 (c) Any CDA Obligations or any other financing arrangements entered into by 133 the CDA will be indebtedness of the CDA,will not be a debt or other obligation of the City 134 and will not constitute a pledge of the faith and credit of the City." 135 6. Effectiveness of Original CDA Ordinance. Except as supplemented and 136 amended by this Ordinance, all other provisions of the Original CDA Ordinance shall remain 137 unchanged. 3 138 139 7. Effective Date. This Ordinance shall take effect immediately. 140 141 8. Recordation of Ordinance. The Council hereby directs that a copy of this 142 Ordinance, together with a copy of the Original CDA Ordinance, be recorded in accordance with 143 §15.2-5157 of the Act. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 t h day of April , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: japa hi City . ager Ci o CA15686 R-1 March 3, 2022 The undersigned City Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true, complete and correct copy of an Ordinance enact at a regular meeting of the City Council of the City of Virginia Beach, Virg' 'a, eld A 5, 2022. ty Clerk, Cit of Virginia Beach, Virginia 4 Articles of Incorporation of Atlantic Park Community Development Authority The undersigned, pursuant to Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended, adopts the following Articles of Incorporation for the Atlantic Park Community Development Authority and states as follows: Article I Name The name of this Authority is ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY (the"Authority"). Article II Organization Pursuant to an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "Council") on September 7, 2021, as amended by an ordinance adopted by the Council on April 5, 2022 (collectively, the "Ordinance"), the Authority shall be organized by the City of Virginia Beach, Virginia(the"City"),under the Virginia Water and Waste Authorities Act (Chapter 51,Title 15.2 of the Code of Virginia of 1950, as amended)(the"Act"), as a public body corporate and politic and a political subdivision governed by the laws of the Commonwealth of Virginia. Article III Members The affairs of the Authority shall be conducted by an authority board of a number of members equal to the number of members of the Council ("Authority Board"). The initial Authority Board members are as set forth in Exhibit A attached hereto and incorporated by reference. The initial and all subsequent members of the Authority Board shall be the then-current members of the Council. Each member of the Authority Board shall serve a term concurrent with their respective term as a member of the Council, including the initial members of the Authority Board who shall serve the terms of office set forth in Exhibit A hereto. No member of the Authority Board shall serve a term in excess of that permitted by §15.2-5113 of the Act,provided that any member of the Authority Board may be reappointed for one or more terms (consecutive or otherwise). The election of officers of the Authority shall be as set forth in the By-Laws of the Authority. Qualifications and appointment of members of the Authority Board shall be consistent with the requirements of the Act. The Authority Board shall have the powers and duties set forth in the Act and in these Articles of Incorporation and the By-Laws, to the extent that such powers and duties are not inconsistent with the Act. Article IV Principal Office The Authority's initial principal office shall be c/o City Manager, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One, 2401 Courthouse Drive, Virginia Beach,Virginia 23456. The Authority may conduct its business and maintain offices for such purposes at such other places within or without the City as may from time to time be deemed advisable by the Authority Board, and not in conflict with the requirements of the Act. Article V Authority District The land initially encompassed within the Authority is set forth in Exhibit B attached hereto (the "Initial Authority District") provided that the boundaries of the Initial Authority District (a) may be expanded by the Council by subsequent ordinance upon petition filed pursuant to the Act and (b) may be adjusted by the City to exclude certain land as long as the owners of at least fifty- one percent (51%) of the land area or assessed value of land that will remain in the Authority district after the adjustment originally petitioned for the creation of the Authority. Article VI Purposes and Powers The Authority is organized for the purpose of exercising all powers granted by the Act, including acquiring, financing, funding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the Authority), enhancement, replacement, relocation and alteration of all or portions of the public infrastructure, facilities and services generally described in the Petition to create the Authority, as amended by the Addendum, each attached hereto as Exhibit C. The Authority shall have all powers granted to a "community development authority"under the Act. Article VII Not-for-Profit The Authority shall not be organized or operated for pecuniary gain or profit. No part of the net earnings of the Authority shall inure to the benefit of, or be distributable to any member, director, officer, or any other private person, except that the Authority shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments in furtherance of the purposes set forth in Article VI. -2- Article VIII Amendment of Articles These Articles of Incorporation may be amended at any time and from time to time by the Council as now or hereafter prescribed by the Act. Article IX Registered Office and Registered Agent The address of the initial registered office of the Authority is do Mark D. Stiles, City Attorney, City of Virginia Beach, Virginia, City of Virginia Beach Municipal Center, Building One,2401 Courthouse Drive,Virginia Beach,Virginia 23456. The initial Registered Agent of the Authority is Mark D. Stiles, whose business address is identical to that of the initial registered office and who is a resident of Virginia and a member of the Virginia State Bar. Article X Initial Members The names and addresses of the initial members of the Authority Board are as set forth on the attached and incorporated Exhibit A. Article XI Indemnification (a) For purposes of this Article XI the following definitions shall apply: (i) "expenses" include counsel fees, expert witness fees, and costs of investigation, litigation and appeal, as well as any amounts expended in asserting a claim for indemnification; (ii) "liability"means the obligation to pay a judgment, settlement,penalty,fine, or other such obligation; (iii) "legal entity" means a corporation, limited liability company, partnership, joint venture, trust, employee benefit plan or other enterprise; and (iv) "proceeding" means any threatened, pending, or completed action, suit, proceeding or appeal whether civil, criminal, administrative or investigative and whether formal or informal. (b) In every instance in which the Virginia Nonstock Corporation Act, as it exists on the date hereof or may hereafter be amended, permits the limitation or elimination of liability of -3- directors or officers of a corporation to the corporation, the members, directors and officers of the Authority shall not be liable to the Authority. (c) The Authority shall indemnify any individual who is, was or is threatened to be made a party to a proceeding (including a proceeding by or in the right of the Authority)because such individual is or was a member,director or officer of the Authority or because such individual is or was serving the Authority or any other legal entity in any capacity at the request of the Authority while a member,director or officer of the Authority,against all liabilities and reasonable expenses incurred in the proceeding except such liabilities and expenses as are incurred because of such individual's willful misconduct or knowing violation of the criminal law. Service as a member,director or officer of a legal entity controlled by the Authority shall be deemed service at the request of the Authority. The determination that indemnification under this paragraph (c) is permissible and the evaluation as to the reasonableness of expenses in a specific case shall be made, in the case of a member or director, as provided by law, and in the case of an officer, as provided in Section(d)of this Article;provided,however, that if a majority of the members of the Authority has changed after the date of the alleged conduct giving rise to a claim for indemnification, such determination and evaluation shall, at the option of the person claiming indemnification, be made by special legal counsel agreed upon by the Authority Board and such person. Unless a determination has been made that indemnification is not permissible, the Authority shall make advances and reimbursements for expenses incurred by a member, director or officer in a proceeding upon receipt of an undertaking from such member, director or officer to repay the same if it is ultimately determined that such member, director or officer is not entitled to indemnification. Such undertaking shall be an unlimited, unsecured general obligation of the member, director or officer and shall be accepted without reference to such member's, director's or officer's ability to make repayment. The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that a member, director or officer acted in such a manner as to make such member, director or officer ineligible for indemnification. The Authority is authorized to contract in advance to indemnify and make advances and reimbursements for expenses to any of its members, directors or officers to the same extent provided in this paragraph (c). (d) The Authority may, to a lesser extent or to the same extent that it is required to provide indemnification and make advances and reimbursements for expenses to its members, directors and officers pursuant to paragraph (c) of this Article, provide indemnification and make advances and reimbursements for expenses to its employees and agents, the members, directors, officers, employees and agents of its subsidiaries and predecessor entities, and any person serving any other legal entity in any capacity at the request of the Authority, and may contract in advance to do so. The determination that indemnification under this paragraph (d) is permissible, the authorization of such indemnification and the evaluation as to the reasonableness of expenses in a specific case shall be made as authorized from time to time by general or specific action of the Authority Board, which action may be taken before or after a claim for indemnification is made, or as otherwise provided by law. No person's rights under paragraph (c) of this Article shall be limited by the provisions of this paragraph(d). (e) The rights of each person entitled to indemnification under this Article shall inure to the benefit of such person's heirs, executors and administrators. Special legal counsel selected -4- to make determinations under this Article may be counsel for the Authority. Indemnification pursuant to this Article shall not be exclusive of any other right of indemnification to which any person may be entitled, including indemnification pursuant to a valid contract, indemnification by legal entities other than the Authority and indemnification under policies of insurance purchased and maintained by the Authority or others. However,no person shall be entitled to indemnification by the Authority to the extent such person is indemnified by another, including an insurer. The Authority is authorized to purchase and maintain insurance against any liability it may have under this Article or to protect any of the persons named above against any liability arising from their service to the Authority or any other legal entity at the request of the Authority regardless of the Authority's power to indemnify against such liability. The provisions of this Article shall not be deemed to preclude the Authority from entering into contracts otherwise permitted by law with any individuals or legal entities, including those named above. If any provision of this Article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Article, and to this end the provisions of this Article are severable. (f) No amendment, modification or repeal of this Article shall diminish the rights provided hereunder to any person arising from conduct or events occurring before the adoption of such amendment, modification or repeal. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -5- IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of Incorporation as of the day of , 2022, as duly authorized by Ordinance adopted by the City Council of the City of Virginia Beach, Virginia, on September 7, 2021, as amended by Ordinance adopted by the City Council of the City of Virginia Beach, Virginia, on April 5, 2022. By: City Manager, City of Virginia Beach, Virginia -6- Exhibit A Names and Addresses of Initial Members Name and Address Term of Office Commences Expires(1) Michael Berlucchi 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Linwood Branch 10/6/21 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Robert M. Dyer 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Barbara Henley 01/01/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 N.D. Holcomb 08/13/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Louis Jones 01/01/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 ( Each member's term shall expire on the date shown above unless such member ceases to serve on the Council prior to such date,in which case such member's term shall expire on the date such member ceases to serve on the Council. 01/01/19 12/31/22 John Moss City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Aaron R. Rouse 01/01/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Guy King Tower 11/06/19 12/31/22 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Rosemary Wilson 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Sabrina Wooten 01/01/21 12/31/24 City of Virginia Beach Municipal Center Building One 2401 Courthouse Drive Virginia Beach, Virginia 23456 Z08i-LO-LZi7 SZ9S-LO-LZtZ LSLt-LO-LZbZ t 69i7-LO-LZfiZ £8817-LO-LZt' 5t9t-LO-LZiZ L£LS-LO-LZtZ LI Si-LO-LZ17Z £98S-LO-LZ.VZ 099£-LO-LZ17Z 0669-LO-LZiZ 9£S£-LO-LZ17Z 8089-LO-LZtZ 699£-LO-LZt'Z LOLL-LO-LZi7Z t t L£-LO-LZtZ t t 9Z-L t-LZt'Z SOL£-LO-LZ1 91 SO-L I-LZtZ 068Z-LO-LaZ tZS6-LO-LZtZ L9L£-LO-LZtZ £580-L 1-LZt7Z (sMdo)siaquznN pond &IN xi j lapplQ Aiaog3nv!mu'jo uoI3du,saq g jigigx Exhibit C Petition to Create Authority and Addendum 022764.0000279 EMF_US 85728599v5 PETITION PURSUANT TO VIRGINIA CODE SECTION 15.2-5153 FOR THE CREATION OF THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY TO THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA WHEREAS, the City of Virginia Beach Development Authority (the "Petitioner") is a political subdivision of the Commonwealth of Virginia(the"Commonwealth"),duly created under the Chapter 643 of the Acts of Assembly of 1964, as amended; WHEREAS,the Petitioner and Atlantic Park,Inc. (the"Developer"),have entered into the Dome Site Development Agreement dated as of December 23, 2019 (the "Development Agreement"),to provide for the development and redevelopment of an approximately 13-acre site near the oceanfront between 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), collectively known as the Dome Site (as hereinafter described, the "Property"), into a mixed-use development featuring retail, office, residential, parking and entertainment components; WHEREAS, the Petitioner is the fee simple owner of the Property, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference; WHEREAS, the Development Agreement contemplates that the Property w ill be ground leased to the Developer, immediately following which the Developer will submit the Property to a condominium regime, which the Petitioner and the Developer contemplate will be known as "Atlantic Park Condominium Phase l" that will contain a certain condominium unit to be known as the "NW EV Unit" (the "Entertainment Venue Unit") within which the Entertainment Venue described in the Development Agreement will be constructed; WHEREAS, pursuant to the terms of the Development Agreement, the Petitioner desires to join with the City Council of the City (the "Council")to create a mechanism for the funding of certain infrastructure improvements, facilities and services that are necessary or desirable for development or redevelopment within or affecting the Property or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the Property as more particularly described herein; WHEREAS, pursuant to the terms of the Development Agreement, the Petitioner and the Developer have determined that a community development authority(the"CDA")affords the best mechanism for providing such infrastructure improvements, facilities and services; and WHEREAS,the provision of such infrastructure improvements,facilities and services will promote increased employment opportunities in the City and will facilitate the successful expansion of the City's tax base through increased real property tax revenues, personal property tax revenues, retail sales tax revenues, meals tax and business and license fee revenues from the expansion of the tax base contemplated within the CDA district; NOW, THEREFORE, the undersigned Petitioner, pursuant to Virginia Code §15.2-5153, does hereby petition the Council to establish,by ordinance pursuant to Virginia Code§15.2-5155, the CDA. In support of this Petition,the Petitioner states as follows: 1. Petitioner and CDA District. The Petitioner is the fee simple owner of more than fifty-one percent (51%) of the land area or assessed value of the land proposed to be included within the geographic boundaries of the CDA (such real property to be located within the boundaries of the CDA is referred to herein collectively as the"CDA District"). Legal descriptions of the initial parcels to be included within the CDA District are attached to this Petition as Exhibit A, and the tax map parcel numbers of such initial parcels to be included within the CDA District are attached to this Petition as Exhibit B, all of which are incorporated herein by this reference. All of the initial parcels within the CDA District are located exclusively within the City. The initial boundaries of the CDA District are shown on the map attached to this Petition as Exhibit C and incorporated herein by this reference, but (a) may be expanded by the Council by subsequent ordinance upon petition filed pursuant to the Virginia Code §15.2-5153 and (b) may be adjusted to exclude certain Iand as long as the owners of at least fifty-one percent (51%)of the land area or assessed value of land that will remain in the CDA District after the adjustment originally petitioned for the creation of the CDA. The Petitioner,together with the City,shall take such action as necessary to exclude the Entertainment Venue Unit from the CDA District once the condominium unit constituting the Entertainment Venue Unit is created and assigned a distinct tax parcel number and legal description. The Petitioner requests that the CDA be called the"Atlantic Park Community Development Authority." 2. Description of Infrastructure.Facilities and Services. The CDA shall be formed for the purposes of, among other things, acquiring, financing, funding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the CDA), enhancement,replacement,relocation and alteration of all or portions of the public infrastructure, facilities and services identified on Exhibit D, including, without limitation, (a)sanitary sewer mains and lines, (b) water mains and lines, pump stations and water storage facilities, (c) storm sewer mains and lines, (d) landscaping and related site improvements, (e)parking facilities, (f) sidewalks and walkway paths, (g)storm water management and retention systems (including best management practices, water quality devices and erosion and sediment control), (h)lighting (including street and decorative lights in public rights of way), (i) street and directional signage, (j)wetlands mitigation, (k)roads, curbs and gutters (inclusive of rights of way and easements related thereto), (1)public park, plaza and recreational facilities, (m)new or enhanced public access and open space areas, and (n)any and all facilities and services appurtenant to the above including the acquisition of land (all such existing and new public roads, utilities, facilities, improvements and services are referred to herein collectively as the "infrastructure"). The CDA may contract for and incur all necessary expenses to accomplish the above and all related purposes, and all such operating expenses of the CDA, including, without limitation, administrative, underwriting, accounting, engineering and legal (collectively, the"Operation of the CDA"), may be included within the scope of any bonds issued by the CDA. The CDA may perform or cause to be performed all work necessary to accomplish these purposes, including, without limitation, right-of-way and easement acquisition,permitting and/or relocation of existing utilities. 3. Description of Provision and Financini of Infrastructure and Operation of the CDA. The Infrastructure shall be constructed or acquired by, or on behalf of, the CDA, the City or the Petitioner, and the costs thereof shall be paid for, or reimbursed by, the CDA, the City or the Petitioner,upon availability of funding. As set forth in Paragraph 2 above, the CDA may contract -2- for all services required for the Operation of the CDA and the provision of the Infrastructure. The CDA,the City and the Petitioner may contract with each other and with other parties necessary or desirable for the Operation of the CDA and the provision of the Infrastructure or services directly related to the Operation of the CDA. The proposed plan for the Operation of the CDA and the provision of the Infrastructure within the CDA District is as follows: (a) The Petitioner proposes that the CDA request the Council to establish(i) a special tax of S0.25 per $100 of assessed value on taxable real property within the CDA District and (ii) special assessments on the taxable real property within the CDA District to finance the costs of the Infrastructure and the Operation of the CDA as provided in Virginia Code §§15.2-5158(A)(3) and (5). (b) The Petitioner proposes that the Council establish a special admissions tax of S0.05 to be charged to persons actively participating in sporting events or athletic contests or activities within the CDA District as described in the Development Agreement to support the financing of the costs of the Infrastructure and the Operation of the CDA. (c) The CDA may issue revenue bonds, in one or more series, for (i) the Operation of the CDA, (ii) the provision of the Infrastructure or any portion thereof and (iii) the administrative and other authorized costs and expenses of issuing such bonds and performing the work necessary to provide the Infrastructure or any portion thereof. The bonds will be payable solely from revenues received by the CDA(including,but not limited to, any funds assigned by the Developer to the CDA). The annual debt service on such bonds may not exceed $5,000,000. (d) The Petitioner proposes that the CDA request the Council approve a tax contribution plan, using certain tax revenues generated from the property and activity within the CDA District and the Entertainment Venue Unit, to finance all or a portion of the costs of the Infrastructure and the Operation of the CDA, with such tax contribution plan expiring following the repayment of the proposed bonds. 4. Expected Benefits from the Provision of Proposed Infrastructure and the Operation of the CDA. The provision of the Infrastructure and the Operation of the CDA will facilitate the City's efforts to attract new business and economic development to the City in furtherance of the City's business development and revitalization strategies. The Infrastructure and the Operation of the CDA are necessary or desirable for development or redevelopment within or affecting the CDA District or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the CDA District. The development or redevelopment of the area within the CDA District, which will be enabled by the Infrastructure, will enhance the City's tax base by increasing tax revenues and the value of real property within and around the CDA District. 5. Members of the CDA. The CDA board (the "CDA Board") shall have the same number of members as the Council. The Council shall appoint the members of the CDA Board pursuant to Virginia Code §15.2-5113, provided that only the members of the Council shall serve -3- as the members of the CDA Board. 6. Duration/Abolition of the CDA. The CDA may be abolished at any time by appropriate action of the Council, provided that no such abolition shall occur while any CDA obligation remains outstanding. Furthermore, it is contemplated that the CDA shall continue to exist beyond the retirement of all of its obligations to the extent necessary and/or appropriate to provide the public infrastructure, facilities and services identified in this Petition. 7. Waiver. The Petitioner intends to provide a waiver of the thirty (30)-day period to withdraw its signature from this Petition as provided in Virginia Code§15.2-5156(B). ACCORDINGLY, for the reasons above, and in reliance upon the assurances and covenants set out herein,the Petitioner respectfully requests that the Council establish the Atlantic Park Community Development Authority for the purposes set forth in this Petition. -4- IN WITNgSS HEREOF, the Petitioner has executed this Petition pursuant to due authority this Tr& day of,. ,efekhix r,2021. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By. 1-1,t14 Name: Title: '�r COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that the %Ligoing instrument was acknowledged before me in the jurisdiction aforesaid by ,l t Ja 1 . (name), _ (title),on behalf of the City of Virginia Beech Development Authority. Given under my hand this 114' day of afrizAiLlavt ,2021. My commission expires: c2- d.5/- c a a3. ROBIN KAY WAGONER k4:-Af � � Nolary Public 1 , 11 y i CiOI►11110fl1Agl1lh OI Vlf, A —- = — - "j ► Rig 0217224 wca...�d..Folmar.x.� Notary Public My registration number is: 02 1 . -5- ADDENDUM TO PETITION FOR THE CREATION OF THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, the City of Virginia Beach Development Authority (the "Petitioner") and Atlantic Park, Inc. (the "Developer"), previously entered into the Dome Site Development Agreement dated as of December 23, 2019 (the "Development Agreement"), to provide for the development and redevelopment of an approximately 13-acre site near the oceanfront between 18th and 20th Streets in the City of Virginia Beach, Virginia (the "City"), collectively known as the Dome Site(as hereinafter described,the"Property"), into a mixed-use development featuring retail, office,residential,parking and entertainment components(the"Project"); WHEREAS, the Development Agreement contemplated the establishment of the Atlantic Park Community Development Authority(the"CDA")pursuant to the Virginia Water and Waste Authorities Act,Chapter 51,Title 15.2,Code of Virginia of 1950,as amended(the"Act"),to assist in the acquisition, financing, funding, design, construction and equipping of a portion of the infrastructure improvements to be constructed pursuant to the Development Agreement; WHEREAS,the Petitioner,as the fee simple owner of the Property,filed a petition for the creation of the CDA dated September 7,2021 (the"Original Petition"),with the City; WHEREAS, consistent with the terms of the Development Agreement and the Original Petition,the City Council of the City(the"Council")adopted an ordinance on September 7,2021 (the "Original CDA Ordinance"), creating the CDA and empowering it to, among other things, assist in the acquisition, financing, funding, design, construction and equipping of the infrastructure described in Exhibit D to the Original Petition (referred to herein as the "Original Infrastructure"); WHEREAS, in the course of conducting the pre-development activities contemplated by the Development Agreement, the parties have determined that (a) certain modifications to the Development Agreement are necessary and appropriate to achieve successful completion of the Project and (b) certain additional public infrastructure improvements described in Exhibit A attached hereto (the "Offsite Infrastructure") are necessary or desirable for development or redevelopment within or affecting the Property or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the Property,which comprises all of the land within the CDA District(as defined in the Original Petition); WHEREAS, the Council adopted a resolution on November 16, 2021, (a) approving the agreed upon modifications to the Development Agreement specified therein, (b) establishing the Offsite Infrastructure as Capital Project #100606 and (c) appropriating $17,729,147 to fund the costs of the Offsite Infrastructure(as detailed in Exhibit A attached hereto); WHEREAS, the Petitioner adopted a resolution on November 16, 2021, approving the agreed upon modifications to the Development Agreement specified therein; WHEREAS,the Petitioner remains the sole fee simple owner of the Property; and WHEREAS, in accordance with, and to give effect to, the agreed upon modifications to the Development Agreement,the Petitioner desires to amend the Original Petition to empower the CDA to assist in the acquisition, financing, funding, design, construction and equipping of the Offsite Infrastructure; NOW, THEREFORE, the undersigned Petitioner hereby submits this Addendum to the Original Petition to the Council to supplement and amend certain provisions of the Original Petition: 1. Additional Infrastructure, Facilities and Services. Paragraph 2 of the Original Petition is hereby supplemented to provide that the CDA shall also be formed for the purpose of acquiring, financing, funding, designing, constructing, equipping and providing for the construction, installation, operation, maintenance (unless dedicated to and accepted by the appropriate governmental entity other than the CDA), enhancement, replacement, relocation and alteration of all or portions of the public infrastructure,facilities and services identified on Exhibit A hereto. The term "Infrastructure"as defined in the Original Petition is hereby amended to include the Offsite Infrastructure in addition to all of the existing and new public roads,utilities, facilities, improvements and services described in the Original Petition. 2. Amendment of Plan for Provision and Financing of Infrastructure and Operation of CDA. Subparagraphs 3(c)and(d)of the Original Petition are hereby amended to permit the CDA to issue revenue bonds as well as other obligations of the CDA for the payment of money and are hereby amended and restated to read as follows: "(c) The CDA may issue revenue bonds or incur other payment obligations in one or more series for(i)the Operation of the CDA,(ii)the provision of the Infrastructure or any portion thereof and(iii)the administrative and other authorized costs and expenses of issuing such bonds or incurring such other payment obligations and performing the work necessary to provide the Infrastructure or any portion thereof. The bonds and other payment obligations will be payable solely from revenues received by the CDA(including, but not limited to, any funds assigned by the Developer to the CDA). The annual debt service on the bonds may not exceed$5,000,000. The aggregate principal amount of any other payment obligations may not exceed $17,700,000, and payments of debt service on such other payment obligations will not count against the $5,000,000 ceiling on annual debt service relating to the bonds. (d) The Petitioner proposes that the CDA request the Council approve a tax contribution plan, using certain tax revenues generated from the property and activity within the CDA District and the Entertainment Venue Unit, to finance all or a portion of the costs of the Infrastructure and the Operation of the CDA, with such tax contribution plan expiring following the repayment of the proposed bonds and other payment obligations." 3. Expected Benefits from Provision of Offsite Infrastructure. The provision of the Offsite Infrastructure will facilitate the City's efforts to attract new business and economic development to the City in furtherance of the City's business development and revitalization strategies. The Offsite Infrastructure is necessary or desirable for development or redevelopment -2- within or affecting the CDA District or to meet the increased demands placed upon the City as a result of development or redevelopment within or affecting the CDA District. The development or redevelopment of the area within the CDA District, which will be enabled by the Offsite Infrastructure, will enhance the City's tax base by increasing tax revenues and the value of real property within and around the CDA District. 4. Defined Terms. Unless otherwise defined herein,all capitalized terms used in this Addendum shall have the meanings set forth in the Original Petition. 5. Effectiveness of Original Petition. Except as supplemented and amended by this Addendum,all other provisions of the Original Petition shall remain unchanged. 6. Waiver. The Petitioner intends to provide a waiver of the thirty(30)-day period to withdraw its signature from this Addendum to the extent§15.2-5156(B)of the Act applies hereto. ACCORDINGLY, for the reasons above, and in reliance upon the assurances and covenants set out herein, the Petitioner respectfully requests that the Council supplement and amend the Original CDA Ordinance to incorporate the changes set forth in this Addendum. [SIGNATURES ON FOLLOWING PAGES] -3- IN WITNESS HEREOF, the P_etitioner has executed this Addendum pursuant to due authority this_ day of 1 A &vi ,2022. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Qfi',L•CIL LU-CLILt4 (-1 (7\ Name: LIS M Title: r l r COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The undersigned Notary Public in and for the jurisdiction aforesaid hereby certifies that the foregoing instrument was acknowledged before me in the jurisdiction aforesaid by Li . fl l. 1 fir)try (name), 041 ry (title),on behalf of the City of Virginia Beach Development Authority, this 3)4 day of`n1 a_-r 2022. \-P141.4-A-L----' (<0- NOTARY PUBLIC My Commission Expires: g-c -a,Q a& My Registration Number: 17 Ca ROBIN KAY WAGONER t , ' Notary Public IL Commonwealth of Virginia i g. #217224 104 My co E.ps.Feb nary i0. APPROVED AS TO LEGAL SUFFICIENCY. City Attorney • EXHIBIT A DESCRIPTION OF OFFSITE INFRASTRUCTURE • Pacific Avenue Replace 19t' Street Signal with pedestrian crossing • Pacific Avenue Signal at 20th Street • 19th Street Improvements - Arctic to Pacific • 18th Street Dominion Duct Bank • Arctic Avenue Improvements • Arctic Avenue dominion Duct Bank • 19th Street & Baltic Avenue Signal Relocation • Baltic Avenue Stormwater Infrastructure • 20th Street Improvements & Stormwater Infrastructure • 20th Street Dominion Duct Bank ESTIMATED COSTS OF OFFSITE INFRASTRUCTURE Category Cost Estimates Duct banks $9.053,617 Signals 855,477 Streetscapes & Stormwater 6,668,208 18'1' Street from Arctic to Pacific 1,151,875 TOTAL $17,729.147 WAIVER WITH RESPECT TO THE ORDINANCE AMENDING THE ORDINANCE CREATING THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY The undersigned is the sole petitioning landowner for the Atlantic Park Community Development Authority (the "CDA"). The undersigned has provided an addendum (the "Addendum")to the petition for the creation of the CDA to provide its request to amend the CDA's ordinance to include additional infrastructure improvements. Pursuant to the provisions of Virginia Code Section 15.2-5156(B), the undersigned has received a copy of the proposed ordinance to be considered by the City Council of the City of Virginia Beach entitled "ORDINANCE AMENDING AN ORDINANCE CREATING THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY ADOPTED ON SEPTEMBER 7, 2021." The undersigned acknowledges its right to withdraw from the Addendum requesting the proposed ordinance and hereby waives its right to do so. Dated: March , 2022. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: cit ICtt �--- Name: 1.-(Ck , � tk 1� ��•,t_ Title: 1 t`(Ll r APPROVED AS TO LEGAL SUFFICIENCY City Attorney 79 ITEM— VI.J.4a ORDINANCES/RESOLUTIONS ITEM#72676 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to enter into a lease of City-owned property re use of premises: a. Four(4)months for the Summer of 2022 and for each of the next four (4) summers with Dolphin Run Condominium Association, Inc. at 3rd Street and Atlantic Avenue Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None April 5, 2022 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A FOUR-MONTH 3 LEASE FOR THE SUMMER OF 2022 AND FOR 4 EACH OF THE NEXT FOUR SUMMERS WITH 5 DOLPHIN RUN CONDOMINIUM ASSOCIATION, 6 INC. FOR CITY-OWNED PROPERTY LOCATED 7 AT 3"d STREET AND ATLANTIC AVENUE 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of that 10 certain 0.09 acre parcel of land located at 3rd Street and Atlantic Avenue, Virginia 11 Beach, Virginia (GPIN: 2427-32-0138) (the "Premises"); 12 13 WHEREAS, the City and Dolphin Run. Condominium Association, Inc. 14 ("Dolphin Run"), a Virginia non-stock corporation, desire to enter into a new lease 15 agreement for use of the Premises; 16 17 WHEREAS, Dolphin Run has agreed to pay the City rent in the amount of 18 $4,320 for use of the Premises from May 15 to September 15, 2022; 19 20 WHEREAS, the City expects that it will enter into similar leases with 21 Dolphin Run for each of the next four summers, with a three percent (3%) 22 escalation in rent, compounded annually, for each; and 23 24 WHEREAS, the Premises will be utilized as an overflow parking lot for the 25 registered guests of Dolphin Run, and for no other purpose. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to enter into a four-month 31 lease for the summer of 2022 and for each of the next four (4) summers, 32 between Dolphin Run Condominium Association, Inc. and the City for the 33 Premises, in accordance with the Summary of Terms attached hereto as Exhibit 34 A and made a part hereof, and such other terms, conditions or modifications as 35 may be acceptable to the City Manager and in a form deemed satisfactory by the 36 City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of 39 April , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 1-141V-014A1_40,1v&AZ-2 20.1 City Attorney Public Work FacII' Management CA15604 \lvbgov.corn\dfs11applications\cltylawlcycom 321wpdocs1d0101p443\00781974.doc R-1 March 22, 2022 EXHIBIT A SUMMARY OF TERMS OF EACH LEASE FOR 2022, 2023, 2024, 2025, 2026 LEASE FOR THE USE OF 0.09-ACRES OF CITY-OWNED PROPERTY LESSOR: City of Virginia Beach (the "City") LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09-acre parcel of City-owned property located at the intersection of 3rd St. and Atlantic Ave. (GPIN: 2427-32-0138) TERM: Each lease will run from May 15 through September 15 RENT: $4,320 for the initial four (4) month term; increased by 3% each Optional Renewal Term RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for overflow parking for guests and for no other purpose. • Maintain the Premises from May 15 through September 15. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits. RIGHTS AND RESPONSIBILITIES OF CITY: • May access the Premises at any time, without prior notice to Lessee, in the event of an emergency or public necessity. • May require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' prior notice if needed for public purposes. • May grant easements and rights-of-way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the Lease upon thirty (30) days' prior written notice to Lessee. 80 ITEM— VL J.4b ORDINANCES/RESOLUTIONS ITEM#72677 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to enter into a lease of City-owned property re use of premises: b. One (1)year with four (4) one (1)year renewal options with C.B.M. Co. (t/a Schooner Inn) at 2nd Steet and Atlantic Avenue Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A LEASE FOR ONE (1) 3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL 4 OPTIONS, WITH C.B.M. CO. (T/A SCHOONER INN) 5 FOR CITY-OWNED PROPERTY LOCATED AT THE 6 INTERSECTION OF 2ND STREET AND ATLANTIC 7 AVENUE 6 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of two (2) io parcels of land totaling approximately 15,000 sq. ft. (0.34 acre), located at the ii intersection of 2nd Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427-31- 12 3918)(collectively, the "Premises"); 13 14 WHEREAS, C.B.M. Co. (t/a Schooner Inn), a Virginia corporation, 15 ("Schooner") has leased the Premises from the City since 2007, and desires to 16 continue leasing the Premises; 17 18 WHEREAS, Schooner desires to enter into a new lease agreement for the 19 Premises for a term of one (1) year, with four(4)one-year renewal options; 20 21 WHEREAS, Schooner has agreed to pay the City $3,402.77 per month 22 ($40,833.24 annually) for the use of the Premises for the initial term, with a three 23 percent(3%)escalation each year thereafter; and 24 25 WHEREAS, the Premises would continue to be utilized for hotel guest 26 parking, and may be sublet only with the written consent of the City. 27 28 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for the term of 32 one (1) year, with four (4) one-year renewal options, between C.B.M. Co. (t/a 33 Schooner Inn) and the City for the Premises, in accordance with the Summary of 34 Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, 35 conditions or modifications as may be acceptable to the City Manager and in a form 36 deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th 39 day of April , 20 22. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM af/4-am/i)-4w.A. jei _fla.c11-1 City Attorney Public Wor /Facilitiet Management CA15603 11vbecv.cam0FS11Applicabons\CitytAwProdZycom321Wpdocs1D031\P006t0004471.DOC R-1 March 22, 2022 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 2ND STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City") LESSEE: C.B.M. Co. (t/a Schooner Inn) PREMISES: Approximately 15,000 sq. ft. (0.34 acre) of City-owned property located at the intersection of 2nd Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427- 31-3918). TERM: May 1, 2022 through April 30, 2023, with four (4) one-year renewal options (the "Term"). RENT: $3,402.77 per month ($40,833.24 annually) for the first year and escalated by three percent (3%) each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for registered guests of Schooner Inn; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason upon ninety (90) days' written notice. 81 ITEM— VI.J.5 ORDINANCES/RESOLUTIONS ITEM#72678 The following registered to speak: Linda Weaver, 262 South Kings Road, Phone: 472-9727, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Rouse, seconded by Council Member Jones, City Council ADOPTED, Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Vice Mayor Rosemary Wilson—stepped out during vote April 5, 2022 1 A RESOLUTION TO AMEND THE COST ALLOCATION 2 AGREEMENT BETWEEN THE CITIES OF CHESAPEAKE, 3 HAMPTON, NEWPORT NEWS, NORFOLK, PORTSMOUTH, 4 VIRGINIA BEACH,AND THE TRANSPORTATION DISTRICT 5 COMMISSION OF HAMPTON ROADS 6 7 WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk, 8 Portsmouth and Virginia Beach (collectively, the "Participating Cites") and the 9 Transportation District Commission of Hampton Roads ("HRT') are parties to the Cost 10 Allocation Agreement, effectively dated October 1, 1999 ("Allocation Agreement"); and 11 12 WHEREAS,the Allocation Agreement,among its other provisions,defines how state 13 and federal funding received by HRT is allocated to the Participating Cities for the capital 14 and operating costs associated with acquiring, consolidating, rehabilitating, operating and 15 expanding public transportation facilities and services for the Hampton Roads region; and 16 17 WHEREAS,the Allocation Agreement currently requires HRT to distribute its eligible 18 federal and state funding to each Participating Cities on a pro rata basis based on the 19 annual cost to provide transit services at the level requested by each Participating City;and 20 21 WHEREAS, HRT may provide greater budgetary certainty to all Participating Cities 22 through strategic allocation of its eligible state and federal funding; and 23 24 WHEREAS, the current Allocation Agreement does not permit HRT to strategically 25 allocate its state and federal funding amongst the Participating Cities; and 26 27 WHEREAS,the Allocation Agreement may be amended, via a resolution from each 28 Participating City, to permit HRT to strategically allocate its eligible state and federal 29 funding; and 30 31 WHEREAS,the City of Virginia Beach desires to temporarily modify and amend the 32 Allocation Agreement so that HRT may help mitigate adverse financial impacts to it and the 33 other Participating Cities from the date of this Resolution until June 30, 2023; and 34 35 WHEREAS, HRT and other Participating Cities have represented that Article IX, 36 Allocation of Revenues, sections(D)and (E) are not deleted permanently but suspended 137 between July 1, 2022 and June 30, 2023,, and Virginia Beach has relied upon this 38 representation; and 39 40 WHEREAS, Virginia Beach's approval of this amendment is conditioned upon Article 41 IX, Allocation of Revenues, sections (D)and (E) being suspended one year and returning 42 to effect on July 1, 2023; 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA THAT: 46 47 1) Beginning July 1, 2022 and continuing until June 30, 2023 ("Effective Period"), 48 which corresponds with HRT fiscal year 2023, HRT is authorized to strategically 49 allocate its available and eligible federal and state funding to the City of Virginia 50 Beach. 51 52 2) During the Effective Period, the City agrees to modify the Allocation Agreement. 53 Article IX, Allocation of Revenues, sections (D) and (E) shall be deleted and 54 replaced as follows: 55 56 Article IX. Allocation of Revenues 57 [* * *] 58 D. Federal funds received to reimburse net eligible operating expenses will be 59 strategically allocated to each Participating City. Eligible federal funds, in 60 combination with eligible state funds, will be allocated on an annual basis, in such 61 combinations and amounts to be determined by the Commission. Subject to the 62 requirements of Article X, and in the event eligible federal funds are available, such 63 funds will be allocated to the Participating Cities to offset any deficiencies between 64 the estimated Local Share in each Participating City TSP and the actual Local Share 65 determined by the Commission at the end of each of the fiscal year. 66 67 E. State funds received to reimburse net eligible operating expenses will be 68 strategically allocated to each Participating City. Eligible state funds, in combination 69 with eligible federal funds, will be allocated on an annual basis, in such 70 combinations and amounts to be determined by the Commission. Subject to the 71 requirements of Article X, and in the event eligible state funds are available, such 72 funds will be allocated to the Participating Cities to offset any deficiencies between 73 the estimated Local Share in each Participating City TSP and the actual Local Share 74 determined by the Commission at the end of the fiscal year. 75 76 3) During the Effective Period, the City agrees to modify Article X, Calculation of 77 Local Share of Operating Costs, of the Cost Allocation Agreement and add 78 section (C) as follows: 79 80 Article X. Calculation of Local Share of Operating Costs 81 [* * *] 82 C. The fiscal year of the Commission shall begin on July 1 and conclude on June 83 30. In the event the actual total local share of Local Funds is less than the budgeted 84 total local share of Local Funds for a Participating City, after the Commission has 85 strategically allocated federal and state funds in FY2023 ("Surplus"), then such 86 Surplus shall be refunded in full by the Commission to that Participating City on or 87 before August 1, 2024. 88 In the event the actual total local share of Local Funds, exceeds the budgeted total 89 local share of Local Funds for a Participating City, after the Commission has 90 strategically allocated federal and state funds in FY2023 ("Deficit"), then such Deficit 91 shall be paid in full by the Participating City to the Commission on or before August 92 1, 2024. 93 Except for the obligation for the Commission to pay any Surplus to the City of 94 Virginia Beach or the City to pay any Deficit to the Commission for FY2023, all 95 amendments to the Allocation Agreement contemplated by this Resolution shall 96 automatically terminate on July 1, 2023, be deleted from the Allocation Agreement 97 and of no further effect without the need of further action by any party to the 98 Allocation Agreement. 99 100 4) That this Resolution shall be in effect from and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of A pje.i 1 , 2022. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services City_ n 0 ice APPROVED AS TO CONTENT: �1',r!'!•1� - Planning and Community Development CA15740 R-1 March 24, 2022 82 ITEM— VI.J.6 ORDINANCES/RESOLUTIONS ITEM#72679 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing an unimproved portion of Singleton Way (formerly Princess Anne Road), South Witchduck Road(formerly Kempsville Road) and Princess Anne Road(relocated) adjacent to the North,East and Southeast sides of the parcel Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING AN UNIMPROVED PORTION OF 4 SINGLETON WAY (FORMERLY PRINCESS ANNE 5 ROAD), S. WITCHDUCK ROAD (FORMERLY 6 KEMPSVILLE ROAD) AND PRINCESS ANNE 7 ROAD (RELOCATED) ADJACENT TO THE 8 NORTH, EAST, AND SOUTHEAST SIDES OF THE 9 PARCEL IDENTIFIED BY GPIN: 1466-78-3845 10 (PARCEL "D") 11 12 WHEREAS, on April 22, 2014, City Council acted upon the application of 13 the City of Virginia Beach (the "Applicant") for the closures of portions of Singleton Way 14 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and 15 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto; 16 17 WHEREAS, City Council approved (by Ordinance ORD-3345B) the 18 closure of the aforesaid unimproved portions of Singleton Way, S. Witchduck Road and 19 Princess Anne Road, subject to certain conditions being met on or before April 22, 20 2015; 21 22 WHEREAS, on April 21 , 2015, the Applicant requested and was granted 23 (by Ordinance ORD-3404C) an extension of time to April 22, 2016, to satisfy the 24 conditions attached to the aforesaid street closure action; 25 26 WHEREAS, on April 19, 2016, the Applicant requested and was granted 27 (by Ordinance ORD-3448D) an extension of time to April 22, 2017; 28 29 WHEREAS, on April 18, 2017, the Applicant requested and was granted 30 (by Ordinance ORD-3499D) an extension of time to April 22, 2019; 31 32 WHEREAS, on April 2, 2019, the Applicant requested and was granted 33 (by Ordinance ORD-3584Q) an extension of time to April 22, 2021; 34 35 WHEREAS, on March 16, 2021, the Applicant requested and was granted 36 (by Ordinance ORD-3650Y) an extension of time to April 22, 2022; 37 38 WHEREAS, the Applicant has requested an additional one-year extension 39 of time to satisfy the conditions attached to the aforesaid street closure action; and 40 41 WHEREAS, the adjacent parcel, together with the area proposed for 42 closure, is currently under contract to be sold to Princess Anne/Witchduck 1 , LC (the 43 "Buyer") for development; 44 45 GPIN: Right-of-way / no GPIN assigned 46 Adjacent to GPIN: 1466-78-3845 47 WHEREAS, the Applicant, or its successors or assigns, is responsible for 48 assessing private utilities in the area proposed for closure and providing easements 49 satisfactory to the utility companies as needed; and 50 51 WHEREAS, the Buyer is coordinating with private utility companies in order to 52 address facilities in the area proposed for closure; however, this process is not 53 expected to be complete prior to expiration of the time to meet all conditions of the 54 street closure. 55 56 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 57 Beach, Virginia: 58 59 That the date for meeting conditions of closure as stated in the Ordinance 60 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach, 61 is extended to April 22, 2023. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this fi4 5 t h day of April , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: pr 01177 City mey Planning Department CA15600 llvbgov.comldfs 1 applica ionalcity]aw cycom321wpdocs1d0041p036\40709051.doc R-1 March 22, 2022 EXHIBIT A NOTES: AREA OF PROPOSED STREET CLOSURE 'D-1' 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF (28,095 SQ. FT., 0.645 AC.) PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT 49//I/ INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 4.7.4%7' 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS (FO/P,yF�.ON ti VAS PROPERTY. A=88.85' Oka. 1 iQ/NG, /�y,� ' ,o ,SAN O FS =8'35 24" (INST?O 8)(4,,... NE,Q�AY. O`30? �6 P '9DJ .0 W S 07'22'22" W Bpp31ss. 3¢J p_ 9.85• ' Rp/'O,SE J 'N N 5.47�� irg _�s Arun, '/A,/° h► l ry 82'35'38" E I � Z� E ii . 14 101.83, • S 82'30'20• Se' �� N A=98.88' =o y 80.07' �.��•��' 2�. • R=725.00 ,, c� =7'48'S2" h Z A=36.78' .A�.�•�, cry PARCEL 'E' N/F = R=673.70=3'07'40"_/i 1��1�� ,� 11 EMMANUEL PROTESTANT a W A38.08' _ +�,�' EPISCOPAL CHURCH m R=32.00' . i 1• `s_v`°' •�'� �h •�'' A=68'11 22 0 ♦;)- �" .v OF KEMPSVILLE A=37.66' EXISTING Irv"` ♦ NJ�� 1466-78-0931 R=75.00' ----1 R/W LINE ♦q A =28'46'03" . 3 Nsz, o ' �,� N o 4,2 l'' ,. Li -ry:•14 O S (-NJ kiono 04� _p Q W �I� o o �fo ,�+� �5 ^�, ' I e o W0p � oN co h �,ryv �� . Ni- h co , 4 :ry m til h d, 1Z 1 N a; 4 ....±/1 k 4, ,... I \ 6 C CL t71 t .? L. cti //�� 'S� N 40'20'28" E 6.99' ti co* 4g" E k�' 7.20' " \___ S 152133 W ` N 1' '4, N 40'20'28' E 18.97'7 ► 3.85' \32 32• ., 1 42.,35 9 52 A=38.15' A=104.39 105.78, Sc 2 R=87.50' R=1122.50' 13� �17- =24'58'55" =5 19 43 N • 80•1>,46" A=6.43' ir PRINCESS AIVNE ROAD 9 4 N (RELOCATED) N VAR R/W N S N4 '39'32" W 4.00' 31.26' (INST 20090519000553070)(INST 20091019001219680) 28" W W A=45. AREA OF PROPOSED STREET CLOSURE 'D-2' (INST 20100203000113230)(INST 20100409000329350) R=43.50' (1,931 SQ. FT., 0.044 AC.) (INST 20100507000436780)(M.B. 114, P. 21) L =59'27'51" STREET CLOSURE SIT SHEET 1 OF 1 OF A 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY (FORMERLY PRINCESS ANNE ROAD) AND AS. WITCHDUCK ROAD (RTE 190) viA L1,831 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S. WITCHDUCK ROAD (RTE 190) J _ (mimic BIGHT-0I-1FAYBXINST No 20130315000305320) Landscape kohttecture VIRGINIA BEACH, VIRGINIA Cm Exclusively for r ite.00m Engineering 757.431.1041 CITY OF VIRGINIA BEACH 2 YIbTMl61�.S1t S MIS BUCK N 23452 SCALE: 1" = 100' 04 FEBRUARY, 2014 [_CAD/ehk TMF/els CITY OF VIRGINIA BEACH, VA I F.B. P. I PLAT: IJN:213-0160I J 83 ITEM— VI.J.7a ORDINANCES/RESOLUTIONS ITEM#72680 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned: a. Property known as Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven River located at the rear of 2601 Sandy Valley Road re construct and maintain a wood pier addition over an existing pier, maintain an existing boat lift and floating pier and gangway DISTRICT 8 (formerly District 6-Beach) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 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 BOAT BASIN 7 AND DRAINAGE AREA OF THE 8 EASTERN BRANCH OF THE 9 LYNNHAVEN RIVER, LOCATED AT THE 10 REAR OF 2601 SANDY VALLEY ROAD 11 12 WHEREAS, Todd Mayo, Trustee of the C. Todd Mayo Revocable Living Trust 13 and Stephanie Mayo, Trustee of the Stephanie Mayo Revocable Living Trust (collectively, 14 the "Mayo Trusts") have requested permission to construct and maintain a 40' x 31' wood 15 pier addition over an existing pier, and maintaining an existing 17.7' x 17.7' boat lift and 16 30.4' x 22.8' floating pier and gangway(collectively, the "Encroachments")within the City's 17 property known as Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven 18 River, located at the rear of the Mayo Trusts' property at 2601 Sandy Valley Road (GPIN: 19 1497-67-3682); and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's property subject to such terms and conditions as Council may 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 Mayo Trusts, their heirs, 30 assigns and successors in title are authorized to construct and maintain the 31 Encroachments within the City's property as shown on the map entitled: "EXHIBIT A 32 ENCROACHMENT REQUEST FOR AN EXISTING PIER, FLOAT, GANGWAY AND 33 PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY FOR C. 34 TODD MAYO REVOCABLE LIVING TRUST ET ALS. 2601 SANDY VALLEY ROAD 35 VIRGINIA BEACH, VA 23452," having a Scale of 1" = 50', dated February 1, 2022, and 36 prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as 37 Exhibit A, and on file in the Department of Public Works and to which reference is made for 38 a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 41 to those terms, conditions and criteria contained in the agreement between the City of 42 Virginia Beach and the Mayo Trusts (the "Agreement"), an unexecuted copy of which has 43 been presented to the Council in its agenda, and will be recorded among the records of the 44 Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as the Mayo Trusts and the City Manager or his authorized designee execute the 51 Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 th 54 day of April , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ,L10 —(1 - BLIC WOR , REAL ESTATE DANA . HARNAEYER,. SENIOR CITY ATTORNEY CA15593 R-1 Prepared: 3/4/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d011\p040\00789140.doc .......,, ,AgEED---�- E.B. OF LYNNHAVEN RIVER REF: M.B. 44, PG. 18 PROPOSED PIER ADDITION (DIMENSIONS ON PAGE 2) EX. FLOATING PIER&GANGWAY r EX. PIER EX. BOAT LIFT \'j'' it OR P` / 8 5'- PCd6 .0 S 23°38'39"E a BON , RG`No0P2�69 113.92' z z E � SECS�� 0'50�2gPG' 1a �\ LOT 1 1 co — \ R G� 0� 9) 29 1 co Z ,, 14 INS •. o$. 4 1��. N/F C.TODD MA NO o Z 1 REVOCABLE LIVING TRUST ET ALS. N co K o O� r GPIN: 14976736820000 1 - o V oy INST:20101018001098530 c N M.B. 44, PG. 18 I � o �n o, c= \ rn 1 C1' CO' V'p o r< k\-9- rn o cb O N0 v0r-. o� D N x oi �4ry 2 STORY FRAME 0 0_, D I 00 .re � o #2601 ;7: Cl) .� co v Rb ►mi 4 rn _ -av0 ry U► P P v P1 Co I /\ N Zj I / � ry W D J � �p lit �, /i Q N00r-• _ ��. o = N 1 / I,TH OF U r Z 0 p 1 . oP co 7- R=40.0 e '‘‘. 1/ oW.—____ z L=2•. 9' //0 H 0 0 �', c GREGORY 0. MILSTEAD cn Q �` /m —J / Lic. No. 047323 z er ' 0 Q �t k1202'2 4,, O Z o �ty,� ��N' u o SANDY VALLEY ROAD (40' R/1N) jONAL N. o REF: M.B. 44, PG. 18 < EXHIBIT A N 0 50 100 ENCROACHMENT REQUEST FOR N AN EXISTING PIER, FLOAT, GANGWAY AND Q 1" = 50' PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY ENGINEERING SERVICES PROVIDED BY: FOR CHESAPEAKE BAY SITE SOLUTIONS, INC. C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. P.O. BOX 6663 2601 SANDY VALLEY ROAD PAGE 1 OF 2 VIRGINIA BEACH, VA 23456 VIRGINIA BEACH, VA 23452 DATE: FEBRUARY 1, 2022 PHONE (757) 575-3715 CEP14111g5 ) ER REF: M.B. 44, PG. 18 .10•''c NNNp e• FE 8B 2 Fl-. `G °° ,-- _ __- - - ----- ------C\2Q, o GC' 6R�OG� PROPOSED PIER ADDITION - 30.4' 6.5' G P\ER ----' 3p6 A�� 0- 18.2' ON ' 0‘4C) .0( fr"--- ,N1 I' 1Q,'( GvG 22a '0° DER � "/ 0�, EX.p -\_L_ __ \ Zak � i` i > _-GPNG�p,'l - CL 31 EX. i w x �" EX. BOAT LIFT _� 4p0 Fr Q / LOT 129 N/F C. TODD MAYO LTH OF v i REVOCABLE LIVING ' P. Z TRUST ET ALS. �P GPIN: 14976736820000 ' l �r� J INST:20101018001098530 U - M.B. 44 PG. 18 GR ORY 0. MILIAD oLic. No. 047343 U i-- t (Col 904 , ec ZONAL E'I u_ cC w I— ' EXHIBIT A N 0 120 40 ENCROACHMENT REQUEST FOR AN EXISTING PIER, FLOAT, GANGWAY AND 1" = 20' PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY ENGINEERING SERVICES PROVIDED BY: FOR CHESAPEAKE BAY SITE SOLUTIONS, INC. C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. P.O. BOX 6663 2601 SANDY VALLEY ROAD PAGE 2 OF 2 VIRGINIA BEACH, VA 23456 VIRGINIA BEACH, VA 23452 DATE: FEBRUARY 1, 2022 PHONE (757) 575-3715 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) r THIS AGREEMENT, made this I day of C(I 202Z, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", TODD MAYO, TRUSTEE OF THE C. TODD MAYO REVOCABLE LIVING TRUST DATED OCTOBER 14,2010 and STEPHANIE MAYO, TRUSTEE OF THE STEPHANIE MAYO REVOCABLE LIVING TRUST DATED OCTOBER 14, 2010, THEIR ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "129," as shown on that certain plat entitled: "SUBDIVISION OF CHESOPEIAN COLONY SECTION THREE LYNNHAVEN MAG DIST., PRINCESS ANNE CO., VA," prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 44, at page 18, and being further designated, known, and described as 2601 Sandy Valley Road, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to construct and maintain a 40' x 31' wood pier addition over an existing pier, and maintain an existing 17.7' x 17.7' boat lift and 30.4' x 22.8' floating pier and gangway, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY KNOWN AS BOAT BASIN AND DRAINAGE AREA EASTERN BRANCH OF THE LYNNHAVEN RIVER (NO GPIN ASSIGNED) 1497-67-3682 (2601 SANDY VALLEY ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City property known as the Boat Basin and Drainage Area of the Eastern Branch of the Lynnhaven River the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Encroachments 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 AN EXISTING PIER, FLOAT, & GANGWAY AND A PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY FOR C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. 2601 SANDY VALLEY ROAD VIRGINIA BEACH, VA 23452," having a Scale of 1" = 50', dated February 1, 2022, and prepared by Chesapeake Bay Site Solutions, 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 all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 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, C. Todd Mayo, Trustee of the C. Todd Mayo Revocable Living Trust Dated October 14, 2010 and Stephanie Mayo, Trustee of the Stephanie Mayo Revocable Living Trust Dated October 14, 2010, 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 C. TODD MAYO REVOCABLE LIVING TRUST DATED CTOBER 14, 2010 By C. odd Mayo, Trustee STEPHANIE MAYO REVOCABLE LIVING TRUST DATED OCTOBER 14, 2010 By Stephanie Mayo, Tru ee STATE OF CITY/COUNTY OF or9 inl0 Beg ck , to-wit: The foregoing instrument was acknowledged before me this 7 4h day of riA)r-cH , 202 2 , by C. Todd Mayo, Trustee of the C. Todd Mayo Revocable Living Trust dated October 14, 2010. tWill 0-3 k9_9-- (SEAL) No ary Public Q ode,��.z,,::aa,,�. ,t�ii C.J. 1 -1 4,d.'J ice(►. •• Jr Notary Registration Number: )9y95( 4 • i I f My p 3131 l2024 ,.` . ,`. Y. Commission Expires: a c.�,.. �•- _, d V 7 + • STATE OF CITY/COUNTY OF to-wit: 7 ' \hrgini, Cc The foregoing instrument was acknowledged before me this 7 .44) day of flQrcm , 202 L , by Stephanie Mayo, Trustee of the Stephanie Mayo Revocable Living Trust Dated October 14, 2010. un (SEAL) Notary Public Notary Registration Number: q 4of 5 e.+`,, ``.sR G 4; • ceb My Commission Expires: 3 3i 17b7 y I z 1.4Y C,; w'-ns oN, :' r - , -.. 1k4b4,14%;.•4 '‘. -VgiN e�••ltices • , ` APPROVED AS TO CONTENTS APPROVED AS TO LEGAL p, / SUFFICIENCY AND FORM vP�B� WO S/REAL ESTATE eEr' DAN H�IRMEY SENI F . ATTORNEY 8 ,- E.B. OF LYNNHAVEN RIVER REF: M.B. 44, PG. 18 EBB2F�000 PROPOSED PIER ADDITION (DIMENSIONS ON PAGE 2) -- EX. FLOATING PIER&GANGWAY EX. BOAT LIFT i EX. PIER ORP` /, P5\N PGR6EPGN - - / `\\` II '( 8 5-- 8 10 -- S 23°38'39" E 0 0D,, 5, RG`NOO2 69 r/ 113.92' Est- 5 G• c- D 30Z28PG' 1$ `�G 1 oo Ft G� 0� 4, LOT 129 Z ,i `.1/�S�. 2 g. i +.�NIF C. TODD MAYO ov, _, \N ( REVOCABLE LIVING z TRUST ET ALS. N po o — O� r GPIN: 14976736820000 1 a CD oy INST:20101018001098530 (IIrn M.Be44, PG. 18 po4 = o 1 O -. D O \ O pOj0a) Ni �! O DO t� �C C w � zo ��• �s cn Po N ' 2 STORY FRAME 0O. o EY 4 o 4 � p #2601 po o. F- 0) /N> N C4 _1 Z:40 Lu A/'" Q NOr- = \t), of , `_ / l,TH OF . U i i R=40.0 / cil e.V' •—____ G> /1155,50 op Z L=29'59' z ' �/ /// ooQ / t) GREGORY 0. MILSTEAD oLic. No. 047323 lb .::4:2.66" o ° I SANDY VALLEY ROAD (40' RAN) jD/ cc NAL LU ^o v REF: M.B. 44, PG. 18 EXHIBIT A 0 50 100 ENCROACHMENT REQUEST FOR CV 0 AN EXISTING PIER, FLOAT, GANGWAY AND 0 1" = 50' PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY ENGINEERING SERVICES PROVIDED BY: FOR CHESAPEAKE BAY SITE SOLUTIONS, INC. C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. P.O. BOX 6663 2601 SANDY VALLEY ROAD PAGE 1 OF 2 VIRGINIA BEACH, VA 23456 VIRGINIA BEACH, VA 23452 DATE: FEBRUARY 1, 2022 PHONE (757) 575-3715 $3.410iF ) r-- \1°-.k REF: M.B. 44, PG. 18 \O k‘ ��NP F -. ® �Eg82F1-00� ,,- A __ __ \ SOON 2A.1O ,GR EK 0R\OG PROPOSED PIER ADDITION 30.4' _______\ 6.5' , " . LNG P\E EX F�OP� 1g 6 306 Q� 18.2' le‘49t/- 1-0---G E 2$ N. \ — 4__ ,- ' \ \ . 3.0' w c ( c \N w $9• ' / c rt /i = EX. BOAT LIFT C; ii i Q / , / j LOT 129 N/F C. TODD MAYO Z , / REVOCABLE LIVING ' TH OF y �/ TRUST ET ALS. O `9) f�y GPIN: 14976736820000 ,� _- INSTa201010180010 O' 1`98530 •—.1 n ; IVIoB, 44, PG, 18 z' GR ORY O. MILS EAD z Lic. No. 047343 1- '10,4, ((s 1 '0 2 i 4,7' I ONA L cc �'i w EXHIBIT A I 0 20 4' ENCROACHMENT REQUEST FOR N imornampliniammiumnimid CN AN EXISTING PIER, FLOAT, GANGWAY AND 1" = 20' PROPOSED PIER ADDITION LOT 129, SECTION 3, CHESOPEIAN COLONY ENGINEERING SERVICES PROVIDED BY: FOR CHESAPEAKE BAY SITE SOLUTIONS, INC. C. TODD MAYO REVOCABLE LIVING TRUST ET ALS. F.O. BOX 6663 2601 SANDY VALLEY ROAD PAGE 2 OF 2 VIRGINIA BEACH, VA 23456 VIRGINIA BEACH, VA 23452 DATE: FEBRUARY 1, 2022 PHONE (757) 575-3715 '9 N d s k -. rt U >. ;' IP W J 1111 0 y 1497-67-3682 . %MINI (If SANDY VALLEY (') / °i ) L , II • I 4. L. .., 7t, J y, A eta. 'i '44 . li • 4.31 ' LOCATION MAP .. 4 ENCROACHMENT REQUEST FOR C. TODD MAYO REVOCABLE LIVING TRUST Legend ` ` 2601 SANDY VALLEY ROAD n,. ,t GPIN 1497-67-3682 City Properties lif * ¢ , Feet 1497-67-3682 0 50 100 200 SEE SHEET 2 E8B FOR DETAIL 0 (TIE LINE BASED ON LOW CY WATER LINE AS SHOWN ON O E WES AN BAY pEN p�CK "RESUBDMSION OF PART OF OAK LY cR pA7 14'1*k:ft\ Gwoo O CROATAN BEACH", JUNE, 1954) FORM�FVA BEACH • 0,03„ E (M.B. 37, PG. 11) C�3� pG 11 OS 20 GAPPROXIMATE MLW LINE M B 7-20-61 • 00• 0�o l1C` r. . 164 OT 17 / rn �M.g• \\ `4) T(1) o y �, I.N.20160623000537970 Qc'. APPROXIMATECD , •c�a'S3„j uL%/ - �0 MLW LINE O cD c\� °°° a 5�6i NCR,�E.g D.H. (F) ��-'�'� �.0_ OF CC PIN FOUND 0.4' OUT REVISED DREDGING LJMffS pO° -ate E gU�KH� APPROXIMATE TOP OF BANK D (M.B. 126, PG. 53) CONCR� III D.H. (F ' DECK RAMP MPS' w DECK I WALL RAMP w HIS CANOPY DECK I o NOW OR FORMERLY NOW OR FORMERLY = WALTER C. BARCO, TRUSTEE TIMOTHY D. MOODY o DECK COVERED OF THE WALTER C. BARCO I.N. 200408190132192 PAVILION LIVING TRUST LOT 16, PART OF I.N. 20150121000052880 CROATAN BEACH w LOT 18, PART OF M.B. 37, PG. 11 z CROATAN B EAC H GPIN: 2426-29-7201 b 1-1/2 STORY © o w M.B. 37, PG. 11 0 BRICK DWELLING o GPIN: 2426-29-7471 -� N #569 L o cr ID3co — — — -GM ��ALTH 0A, CIO \,`c EM �� Lr • 2—CAR r O C5 in `' cn �` Q D.I. WALL GARAGE p u7 U y M Z DAt- UTLER :CONCRET1 '.DRIVEWAY W ` c.No. 38395 , •1.0' VEPCO-.EASEMENT. d ? .p 9�2 �r (D:B... 191.2,.P.G. 2.68). . :1:•:,: : 20 k-cL 0 Lz •I "..-.•. :.•:. :1..H.. ....il:.... .11.1.....----\;:: ...-6.,- . E,'g o ONRY WALL ``' S ONAL C� L=99.84 ir �0 ' ❑ R=938.37'�� €\ S32'46'10"W 90.00' 'R• e VIRGIN/A DARE DRIVE (50'R/W) L=10.00 FORMERLY SECOTAN ROAD R=938.37'— M.B. 37, PG. 11 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. 0 30 60 FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH 1-) GALLOP FOR MARGUERITE W. DICKERSON LOT 17, PART OF CROATAN BEACH SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD GPIN: 2426-29-7352 M.B. 37, PG. 11 CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=30' j Date:APRIL 19, 2021 I Sheet: 1 of 2 W:\Dickerson,Marguerite-569 Virginia Dare Drive\Encroachment Exhibit\20-90 Encroachment.dwg,3/24/2022 1:29:35 PM 1. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY MICHAEL L. WILLIAMS DATED JANUARY 14, 2016. 2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 3. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4. ENCROACHMENT AGREEMENT WAS RECORDED IN DEED BOOK 4332 AT PAGE 2131. �„ SL Y PROPOSED 6'x20' 12") WOOD SED REPLACE - o/p00 E W EBAY FLOATING DOCK BOLTED EX. 8'x25' RAMP LAK Y CRDATA CH TO EX. FLOATING PILING WITH WITH 4'x25' RAMP FO T�'OF •SEA DOCK 15° BEVEL RELOCATE M.B 37'7-20-61 p8 1 EX. I O'x39.95' GPIN:242 11.1 �� QGFLOATING DOCK g5 liki v' Ve•• EX. FLOATING �� 39 25.0/�0 �` SEE NOZE 4 WOODEN DOCK O ' l O 0 EX. WOODL - PILING W/METAL X 0 X ,, O CAP (4) TYPICAL 1° \O `'' NIli 43.2.0 O N v;J .... o 1�O.6�'03" EREv��E��M�S J iD 25 T ito 14 N21 1- 58.5"x168" REp 12,PG• 53LOT 18 PROPOSED M.B. 37, PG. 11 (SEE SHEET 1) �° o rn KAYAK LAUNCH ins o y� LOT 17 �'� / Q a v, o I.N.201606230000537970 a5- / �/ M W M w _� \ ice+ oo° oZ of O_ N g / 3 3 a 3 0 516.5�i KN�po Q� a� up 0 111 / -I?) D.H. F CONCR ( ) _' °°°= �pEpF � PIN (F) E gp�K -• E� LT LOT Ili CONCR ��,4EA H op L M.B. 37, PG. 11 ' (SEE SHEET 1) liii Bp KO f � AppRpX11M .4s' DECK '' OF _ �` r% D.H. (F) w — RAMP 0 o A - - - DA p- UTLER _� = DECK 1 WALL RAMP ` c.No. 38395 Zo Hill CANOPY DECK �0 ,' 44) 0 �ssIONAL T'' o DECK EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. 0 20 40 FLOATING WOOD DOCK, WOOD PILINGS & ImmloimMi WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH I ) GALLUP FOR20 MARGUERITE W. DICKERSON SURVEYORS & ENGINEERS LOT 17, PART OF CROATAN BEACH 323 FIRST COLONIAL ROAD GPIN: 2426-29-7352 M.B. 37, PG. 11 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"= ' Date:APRIL 19, 2021 I Sheet: 2 of 2 W:\Dickerson,Marguerite-569 Virginia Dare Drive\Encroachment Exhibit\20-90 Encroachment.dwg,3/24/2022 1:29:35 PM 84 ITEM— VLJ.7b ORDINANCES/RESOLUTIONS ITEM#72681 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned: b. Property known as Lake Rudee and an existing five feet (5) drainage easement, located at the rear of 6 Caribbean Avenue re construct and maintain a side-mounted boat lift and six feet(6') PVC fence and maintain an existing arbor and four feet (4') metal fence DISTRICT 5 (formerly District 6-Beach) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 85 ITEM— VLJ.7c ORDINANCES/RESOLUTIONS ITEM#72682 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned: c. Right-of way known as the twenty feet(20')Alley between 18'h Street and 19th Street, located at the rear of 410 and 412 19`'` Street re maintain concrete pavement, curbing,gutter and wood fence DISTRICT 6(formerly District 6- Beach) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY RIGHT-OF-WAY 6 KNOWN AS THE 20' ALLEY BETWEEN 7 18TH STREET AND 19TH STREET, 8 LOCATED AT THE REAR OF 410 AND 9 412 19TH STREET 10 11 WHEREAS, ORP Ventures, LLC ( "ORP") has requested permission to 12 maintain 509 sq. ft. of concrete pavement, 39 sq. ft. of curbing and gutter, and a 58.45' x 13 9.79' wood fence (collectively,the"Encroachments")within the City's right-of-way known as 14 the 20' alley between 18th Street and 19th Street, located at the rear of ORP's property at 15 410 and 412 19th Street (GPIN: 2427-07-5475); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, ORP, its heirs, assigns and 26 successors in title are authorized to maintain the Encroachments within the City's right-of- 27 way as shown on the map entitled: "ENCROACHMENT EXHIBIT OF LOT 24 AND 28 EASTERN 1/2 OF LOT 25, BLOCK C PROPERTY OF VIRGINIA BEACH PARK CORP. 29 (M.B. 8, PG. 5) VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 25', dated June 7, 30 2021, and prepared by WPL, a copy of which is attached hereto as Exhibit A, and on file in 31 the Department of Public Works and to which reference is made for a more particular 32 description; 33 34 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and ORP (the "Agreement"), an unexecuted copy of which has been 37 presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as ORP and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 t h 48 day of April , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: b (414 k-� ;n�A• t- -P LI WORK , L ESTATE . H MEYER SEN TY ATTORNEY CA15430 R-1 Prepared: 3/11/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d011\p040\00789322.doc 58.45' ABBREVIATIONS' A 72" WDF 9.79' BC 9.39' 4SIE WDF 9.63' D WDF WOOD FENCE B f-OUTVER OUTSID R BC BACK OF CURB C ° �7 PARKING SPACES k CJx i S 76'76'47' W i?° 1`,..,,R, 20' ALLEY N.B. 8, PG. 5) 72" WDF 0.75' a a e0.00' I ., AV: ° --�. �72 WDF 1.55' OUTSIDE RJ a a x INSIDE R WHITE PARKING a CONCRETE_/ ENCROACHMENT STRIP #0.311AREAS 'C oN R a ° CURB K BLOCK ��j' CURB & GUTTER: LOT 24 N x ��'n 39 SO. FT x ° t I ,�ASPHALT PAVEMENT: N '*2509 SQ. FT x ° ° Z k O rc1+ . AR N ER"4 FENC/N.• ° a ° C° W 0 Lic. o. 2904 19 sQ. FT o� si J __ o �, 01/24/2022 ,�, ENCROACHMENT �„— Q 0 SURD DIMENSIONS °CS cir- ITEM DISTANCE 1- °u -' ~—VARIABLE WIDTH p� REFERENCE FROM - a DOMINION ENERGY PROPERTY CO a EASEMENT c� LINEco a #410 & 1412 (I.N. 20181107000915390) O A 9.79' ° \L 2-STORY BRICK OJ 000 • AND FRAME CO B 9.51' 2> • 4 UNITS Ob, C 8.90' a '4.t N D 9.63' °4 °1 N/F N/F �O E 9.39' - ORP VENTURES, LLC Z CCC RANCH, LLC O — F 8.90' .° ° (IN. 202103049377) (IN. 202103053801) ,. ° a LOT 24 AND LOT 26 AND N/F ° EASTERN ) OF LOT 25 WESTERN )i OF LOT 25 ARTHUR HUDSON BOND (M.B. 8, PG. 5) (M.B. 8, PG. 5) REVOCABLE LIVING TRUST >' CONCRETE GPIN: 2427-07-5475 GPIN: 2427-07-5404 (IN: 20140303000178590) DRIVE LOT 23 AND x ° ' AISLE 190' TO THE P.I. WESTERN }� OF LOT 22 OF BAL T/C AVENUE-- (M.B. 8, PG. 5) ° _I N.B. 8, PG. 5) GPIN: 2427-07-6416 a ° I or i o N 76'16'42" E 60.ob' ° Oy� ( CONCRETE WALKWAY „ � PUBLIC DRAINAGE EASEMENT Ct 2.' ' \ (I.N. 20181107000915390) 0l--1 I--+ 25 50 SCALE 19ti(60' PUBLIC RIGHT—OF—WAY) Of.B. 8, PG. 5) STREET SCALE: 1"=25' SHEET 1 OF 1 = ENCROACHMENT EXHIBIT OF LOT 24 AND 1 EASTERN 1/2 OF LOT 25, BLOCK C !Ae PROPERTY OF VIRGINIA BEACH PARK CORP. (M.B. 8, PG. 5) ` VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 06/07/2021 I F.B./PG.: 1073/29 proj. no.: 221-0185 Civil Engineering 1 wp Isite.com 757.431.1041 242 MUSTANG TRAIL STE 8 VRGNA BEACH,VA 23452 file: 216-341_Ench Exh.dwg PLAT: V-33 CAD/chk: EG/eag PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) S% THIS AGREEMENT, made this ' day of AgiC14 �, 202 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ORP VENTURES LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee.". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "NOW OR FORMERLY ROY W. CRADDOCK, JR. & MARILYN CRADDOCK WATERS, HEIRS OF THE ESTATE OF DORA W. CRADDOCK INST. #20130320000323770 D.B. 112, P. 98 M.B. 8, P. 5 GPIN: 2427-07- 5475," as shown on that certain plat entitled: "PLAT SHOWING EASEMENTS TO BE ACQUIRED FROM ROY W. CRADDOCK, JR. & MARILYN CRADDOCK WATERS, HEIRS OF THE ESTATE OF DORA W. CRADDOCK FOR 19TH STREET INFRASTRUCTURE IMPROVEMENTS CIP NO. 9-100 VIRGINIA BEACH, VIRGINIA", Scale: 1"=20', dated May 26, 2017, and revised through October 25, 2017, prepared by Rouse-Sirine Associates, Ltd., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20181107000915390, and being further designated, known, and described as 410 and 412 19th Street, Virginia Beach, Virginia 23451 ; GPIN: CITY RIGHT OF WAY KNOWN AS 20' ALLEY BETWEEN 18TH AND 19TH STREET (NO GPIN) 2427-07-5475 (410 AND 412 19TH STREET) WHEREAS, it is proposed by the Grantee to maintain 509 sq. ft. of concrete pavement, 39 sq. ft. of curbing and gutter, and a 58.45' x 9.79' wood fence, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as a 20' alley located between 18th Street and 19th Street (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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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: "ENCROACHMENT EXHIBIT OF LOT 24 AND EASTERN 1/2 OF LOT 25, BLOCK C PROPERTY OF VIRGINIA BEACH PARK CORP. (M.B. 8, PG. 5) VIRGINIA BEACH, VIRGINIA," having a scale of 1" = 25', dated June 7, 2021, and prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 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 and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 4 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said ORP Ventures, LLC, a Virginia limited liability company, has caused this Agreement to be executed by Steven Bishard, its Manager, with due authority to bind said limited liability company. 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 ORP VENTURES, LLC, a Virginia limited liability company By (SEAL) Steven W. Bishard, Manager STATE OF CITY/COUNTY OF j r ►�i 6Eac(, , to-wit: 9� The foregoing instrument was acknowledged before me this I s-4 day of rch , 202_1, by Steven W. Bishard, Manager of ORP Ventures, LLC, a Virginia limited liability company. MELONIE MCHUGH I f�v, �/ Notary Public [- 1 ' -e�6, Gf (SEAL) Commonwealth of Virginia NotaryPublic Registration No. 256255 r u C My Commission Expires Aug 31, 2025 Notary Registration Number: 5(eacc My Commission Expires: 0st 3l 2i -4 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM p*4,11,. b # fc WOR T. REAL ESTATE N RMEYER SENIO CITY ATTORNEY 58.45' ABBREVIATIONS. A 72" WDF 9.79' BC 9.39' 7 " WDF 9.63' D WDF WOOD FENCE B OUTSIDER X F OUTSID R 0 TS E BC BACK OF CURB C j° 7 PARKING SPACES 1 it. i `1 rJ . S, 76'?6'42'" W 1r° �Q. 20' ALLEY N.B. 8, PG. 5) 72" WDF 0.75' 1 , p.00' --12" WDF 1.55' OUTSIDER ° ° 4/ INSIDE R ENCROACHMENT ! . STRIPWHfTE PARKING ° CONCRETE ,�;p, AREAS I � °c ON R ° ° BLOCK 4iT'` L Oph CURB & GUTTER: '! LOT 24 VAC N x , o+ 1�,39 SO. FT. ° -1ASPHALT PAVEMENT.• N 1509 SO. FT. I. k'3'2904 cc FENCIN.• Lic. 41 19 SQ. FT. 0 ° i J 0 e 02/24/2022 ik ENCROACHMENT °� O , SURD DIMENSIONS ° ° N . ITEM DISTANCE 1u ° 1 _--- VARIABLE WIDTH p1 REFERENCE FROM ° DOMINION EMENTENERGY PROPERTY ° 410 & 412 03 (I.N. 20181107000915390 C.)co coLINE, 1I 2-STORY BRICK A 9.79 ° a ° AND FRAME in Uj O B 9.51' fr.) 4 UNITS r}. OV C 8.90' (/� ° I oC Q3 N D 9.63' ° N/F N/F E 9.39' 1 ° .L ORP VENTURES, LLC Z CCC RANCH, LLC tti O F 8.90' 1 (IN. 202103049377) (IN. 202103053801) " N ° ° LOT 24 AND LOT 26 AND N/F ! ° EASTERN X OF LOT 25 WESTERN X OF LOT 25 ARTHUR HUDSON BOND , ° (M.B. 8, PG. 5) (M.B. 8, PG. 5) REVOCABLE LIVING TRUST CONCRETE GPIN: 2427-07-5475 GPIN: 2427-07-5404 (IN: 20140303000178590) ,DRIVE LOT 23 AND x ° AISLE 190' TO THE P.I. WESTERN h OF LOT 22 ° OF BALTIC AVENUE (M.B. 8, PG. 5) °° J ET Ar (M.B. 8, PG. 5) GPIN: 2427-07-6416 • N 76'16'42" E R 60.00 ° Ate+ CONCRETEWALKWAY PUBLIC DRAINAGE EASEMENT C% ° �J (I.N. 20181107000915390) OI--� 1-4 )--I 50 SCALE �9�(60' PUBLIC RIGHT-OF-WAY) (M.B. 8, PG. 5) STREET SCALE: 1"=25' SHEET 1 OF 1 ENCROACHMENT EXHIBIT OF - � LOT 24 AND L i4„ EASTERN 1/2 OF LOT 25, BLOCK C PROPERTY OF VIRGINIA BEACH PARK CORP. y (M.B. 8, PG. 5) - = _ VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 06/07/2021 1 F.B./PG.: 1073/29 proj. no.: 221-0185 Civil Engineering wpIsite.corn 757.431.1041 242 NISTAIrG 1R/L STE 8 IIRGNA BEACH,VA 23452 file: 216-341_Ench Exh.dwg PLAT: V-33 CAD/chk: EG/eag 86 ITEM— VI.J.8 ORDINANCES/RESOLUTIONS ITEM#72683 The following registered to speak: Conrad Schesventer, 811 Sedley Road, Phone: 719-2113, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council ADOPTED Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Tourism Authority to fund historical and cultural content with the Virginia African American Cultural Center; ACCEPT and APPROPRIATE $1-Million donation from the Virginia Tourism Authority to the FY 2021-22 Operating Budget and EXECUTE a Memorandum of Understanding (MOU) with the Virginia African American Cultural Center, Inc. re expenditure of funding from the Virginia Tourism Authority Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 5 City Of Vircinia Beach 41. S �p OUR NAS`°Ns VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtowerOvbgov.com DISTRICT 6-BEACH April 5, 2022 In Reply Refer to 0075763 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 ordinance to authorize the City Manager to execute a memorandum of understanding (MOU) with the Virginia Tourism Authority (VTA) to fund historical and cultural content with the Virginia African American Cultural Center (VAACC) and to accept and appropriate $1 million from the VTA to the FY 2021-22 operating budget and execute a MOU with the VAACC regarding expenditure of the VTA funding. 2. The VAACC disclosed that Kaufman & Canoles is its legal services provider. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the VAACC,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43rd STREET,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- April 5, 2022 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. S' c rely, / 14.—... Guy K. Tower Councilmember GKT/RRI 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MEMORANDUM OF UNDERSTANDING WITH 3 THE VIRGINIA TOURISM AUTHORITY TO FUND 4 HISTORICAL AND CULTURAL CONTENT WITH THE 5 AFRICAN AMERICAN CULTURAL CENTER, TO ACCEPT 6 AND APPROPRIATE FUNDING FROM THE VIRGINIA 7 TOURISM AUTHORITY, AND TO EXECUTE A 8 MEMORANDUM OF UNDERSTANDING WITH THE 9 AFRICAN AMERICAN CULTURAL CENTER, INC. 10 REGARDING EXPENDITURE OF FUNDING FROM THE 11 VIRGINIA TOURISM AUTHORITY 12 13 WHEREAS, the Virginia General Assembly, with the Governor concurring, 14 authorized one million dollars ($1,000,000)from the federal American Rescue Plan Fund 15 ("Funding") to be appropriated by the Virginia Tourism Authority ("VTA") to the City of 16 Virginia Beach ("City") for the purpose of developing historical and cultural content with 17 the Virginia African American Cultural Center, Inc. ("VAACC") for the Virginia African 18 American Cultural Center ("Cultural Center Site"); and 19 20 WHEREAS, the VTA and the City are proposing to enter into a memorandum of 21 understanding ("MOU") whereby the City will be the recipient of the Funding and will 22 provide final and periodic reports to VTA detailing use of the Funding for the limited 23 purpose of developing historical and cultural content; and 24 25 WHEREAS, the City and the VAACC are proposing to enter into a separate 26 memorandum of understanding ("VAACC MOU") whereby the City will provide the 27 Funding to the VAACC for the purpose of developing historical and cultural content for 28 the Cultural Center Site, and the VAACC will satisfy the City's reporting and other 29 requirements under the MOU between the City and VTA; and 30 31 WHEREAS, under the terms of the proposed MOU between the City and VTA, the 32 City will receive the Funding from VTA and the City will: 1) plan and develop historical 33 and cultural content with the VAACC; 2) use the Funding solely for the development of 34 historical and cultural content and not for any other purpose; 3) submit an invoice to VTA 35 for the Funding; 4) provide VTA with a detailed plan for use of the Funding within ninety 36 (90) days of execution of the MOU; 5) provide VTA with written quarterly reports, not later 37 than thirty (30) days following the close of each quarter, detailing all expenditures 38 discharged during the previous quarter as well as invoices that support and document the 39 expenditures; 6) provide VTA with a written final report listing activities and evaluating its 40 success no later than sixty (60) days after the end of the term of the MOU; and 7) retain 41 all reports relating to the MOU for five years after the term of the MOU; and 42 43 WHEREAS, the proposed MOU provides that the City may work with the VAACC 44 to plan and develop historical content, but the City shall remain liable to the VTA for such 45 planning and development of historical content; and 46 47 WHEREAS the proposed MOU expires on December 31, 2024 and may be 48 renewed only upon appropriation by the General Assembly of additional federal 49 resources; and 50 51 WHEREAS, the proposed MOU does not require an additional or matching 52 donation from the City; and 53 54 WHEREAS, to satisfy its obligations under the MOU, the City is proposing to enter 55 into a separate MOU with VAACC, the VAACC MOU, whereby the City will pay the 56 Funding to VAACC in three equal installments; and 57 58 WHEREAS, the first installment will be paid to the VAACC within ten days of the 59 City's receipt of the Funding from the VTA; and 60 61 WHEREAS, the remaining two installments will be paid upon receipt by the City of 62 documentation from the VAACC demonstrating expenditure of the previous installment(s) 63 for the purpose of developing historical and cultural content; and 64 65 WHEREAS, the terms of the proposed VAACC MOU require the VAACC to satisfy 66 the City's reporting and other requirements under the MOU between the City and VTA; 67 and 68 69 WHEREAS, specifically, the VAACC will: 1) plan and develop historical and 70 cultural content for the Cultural Center Site; 2) use the Funding solely for the development 71 of historical and cultural content and not for any other purpose; 3) provide the City with a 72 detailed plan for use of the Funding within eighty (80) days of execution of the VAACC 73 MOU; 4) provide the City with written quarterly reports, not later than twenty-five (25)days 74 following the close of each quarter, detailing all expenditures discharged during the 75 previous quarter, as well as invoices that support and document the expenditures; 5) 76 provide the City with a written final report listing VAACC's activities and evaluating its 77 success no later than fifty (50) days after the end of the term of the VAACC MOU; and 6) 78 retain all reports relating to the VAACC MOU for five years after completion of the VAACC 79 MOU. 80 81 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 82 VIRGINIA BEACH, VIRGINIA, THAT: 83 84 1. The City Manager is hereby authorized to execute a Memorandum of 85 Understanding with the Virginia Tourism Authority to fund the development of 86 historical and cultural content with the VAACC for the Virginia African American 87 Cultural Center, in accordance with the Summary of Terms, attached hereto as 88 Exhibit A, and other such terms, conditions and modifications as may be 89 acceptable to the City Manager and in a form deemed satisfactory by the City 90 Attorney. 91 92 2. A $1,000,000 donation is hereby accepted from the Virginia Tourism Authority and 93 appropriated, with miscellaneous revenue increased accordingly, to the FY 2021- 94 22 Operating Budget for the purpose of funding the development of historical and 95 cultural content with the VAACC for the Virginia African American Cultural Center 96 in accordance with the Memorandum of Understanding authorized in Enactment 3 97 infra. 98 3. The City Manager is hereby authorized to execute a Memorandum of 99 Understanding with the Virginia African American Cultural Center, Inc. to fund the 100 development of historical and cultural content for the Virginia African American 101 Cultural Center, in accordance with the Summary of Terms, attached hereto as 102 Exhibit B, and other such terms, conditions and modifications as may be 103 acceptable to the City Manager and in a form deemed satisfactory by the City 104 Attorney 105 106 Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day 107 of April , 2022. 108 109 Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cultural Affairs City Attorney's Offi1 APPROVED AS TO CONTENT: - C Department of Budget and Management Services CA15715 R-4 March 25, 2022 EXHIBIT A SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING("MOU") PARTIES: The City of Virginia Beach("City") Virginia Tourism Authority ("VTA") TERM: The MOU expires on December 31, 2024 and may be renewed only upon appropriation by the General Assembly of additional federal resources. PURPOSE: The City will be the recipient of one million dollars ($1,000,000) from the federal American Rescue Plan Fund to be appropriated by VTA ("Funding") for the purpose of developing historical and cultural content for the Virginia African American Cultural Center ("Cultural Center Site"). TERMS: The MOU requires VTA to: • provide one million dollars($1,000,000)to the City for costs to develop historical and cultural content with the Virginia African American Cultural Center, Inc. ("VAACC") within 30 days after receipt of a proper invoice from the City. • Assist the City as VTA deems appropriate in the marketing of content. The MOU requires the City to: • plan and develop historical and cultural content for the Cultural Center Site with the VAACC. • use the Funding solely for the development of historical and cultural content and not for any other purpose. • submit an invoice to VTA for the Funding. • provide VTA with a detailed plan for use of the funds within ninety(90) days of execution of the MOU. • provide VTA with written quarterly reports, not later than thirty (30) days following the close of each quarter, detailing all expenditures discharged during the previous quarter as well as invoices that support and document the expenditures. • provide VTA with a written final report listing the City's activities and evaluating its success no later than sixty (60) days after the end of the term of the MOU. • retain all reports relating to the MOU for five years after the term of the MOU. • remain liable to the VTA for such planning and development of historical content. The MOU does not require an additional or matching donation from the City. EXHIBIT B SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING ("MOU") PARTIES: The City of Virginia Beach("City") Virginia African American Cultural Center, Inc. ("VAACC") TERM: The MOU expires on December 31, 2024. PURPOSE: City will provide one million dollars ($1,000,000) from the federal American Rescue Plan Fund to be appropriated by Virginia Tourism Authority("VTA") to VAACC for the purpose of developing historical and cultural content with the VAACC for the Virginia African American Cultural Center ("Cultural Center Site") ("Funding"). The VAACC will satisfy the City's reporting and other requirements under the MOU between the City and VTA. TERMS: The MOU requires the City to: • Pay the Funding to VAACC in three equal installments. The first installment will be paid to VAACC within ten days of the City's receipt of the Funding from VTA.The remaining installments will be paid upon receipt by the City of documentation from VAACC demonstrating expenditure of the previous installment(s)for the purpose of developing historical and cultural content for the Cultural Center Site. The MOU requires VAACC to: • Plan and develop historical and cultural content for the Cultural Center Site. • Use the Funding solely for the development of historical and cultural content and not for any other purpose. • Provide the City with a detailed plan for use of the funds within eighty (80) days of execution of the MOU. • Provide the City with written quarterly reports, not later than twenty- five (25) days following the close of each quarter, detailing all expenditures discharged during the previous quarter as well as invoices that support and document the expenditures. • Provide the City with a written final report listing VAACC's activities and evaluating its success no later than fifty (50) days after the end of the term of the MOU. • Retain all reports relating to the VAACC MOU for five years after completion of the VAACC MOU. 87 ITEM— VLJ.9c ORDINANCES/RESOLUTIONS ITEM#72684 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $2.3-Million to the FY 2021-22 Water and Sewer Capital Improvement Program (CIP) re Capital Projects #100186 "First Colonial Road / Virginia Beach Intersection Improvements — Sewer" and #10085 "First Colonial Road / Virginia Beach Boulevard Intersection Improvements— Water" Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 1 AN ORDINANCE TO APPROPRIATE $2,300,000 TO THE 2 FY 2021-22 WATER AND SEWER CAPITAL 3 IMPROVEMENT PROGRAM 4 5 WHEREAS, when feasible, Public Utilities coordinates capital projects with Public 6 Works to perform utility work in conjunction with roadway projects; and 7 8 WHEREAS, Public Works opened project bids in January 2022, and costs 9 associated with water and sewer utility work were higher than estimates for the relevant 10 capital projects. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $2,300,000 is hereby appropriated with $600,000 from available funds from 16 closed Water and Sewer Enterprise Fund capital projects and $1,700,00 from the net 17 position of the Water and Sewer Enterprise Fund. Such funds are appropriated to the 18 following capital projects: 19 1) $1,475,000 is for Capital Project #100186, "First Colonial RdNA Beach Blvd 20 Intersection Improvements - Sewer;" and 21 2) $825,000 is for Capital Project #100185, "First Colonial RdNA Beach Blvd 22 Intersection Improvements — Water." Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of April , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services ttor y's Office CA15745 R-1 March 23, 2022 88 ITEM— VI.J.10a ORDINANCES/RESOLUTIONS ITEM#72685 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $37,174 from the Virginia Department of Social Services and to the FY 2021- 22 Human Services Operating Budget re enhance and improve the Adult Protective Services Program including the response to the COVID-19 pandemic Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING TO SUPPORT THE ADULT PROTECTIVE 3 SERVICES PROGRAM IN THE DEPARTMENT OF HUMAN 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $37,174 is hereby accepted from the Virginia Department of Social Services and 10 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 11 2021-22 Operating Budget of the Department of Human Services to enhance and improve 12 the Adult Protective Services program, including the response to the COVID-19 13 pandemic. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of April , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C' r ' Office CA15741 R-1 March 23, 2022 89 ITEM— VI.J.10b ORDINANCES/RESOLUTIONS ITEM#72686 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $16,435 from the Virginia Department of Social Services and to the FY 2021- 22 Human Services Operating Budget re promoting Safe and Stable Families Program Voting. 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING FOR THE PROMOTING SAFE AND STABLE 3 FAMILIES PROGRAM IN THE DEPARTMENT OF HUMAN 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $16,435 is hereby accepted from the Virginia Department of Social Services and 10 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 11 2021-22 Operating Budget of the Department of Human Services to support the 12 Promoting Safe and Stable Families Program through the purchase of goods and services 13 for participating children and families. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of April , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C' orney's Office CA15742 R-1 March 23, 2022 90 ITEM— VI.J.10c ORDINANCES/RESOLUTIONS ITEM#72687 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $145,000 from the Virginia Department of Emergency Management via the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) re replacement of outdated or obsolete items for Police Special Operations Unit Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE REPLACEMENT OF OUTDATED OR 3 OBSOLETE ITEMS FOR THE POLICE SPECIAL 4 OPERATIONS UNIT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $145,000 from the Virginia Department of Emergency Management via the U.S. 10 Department of Homeland Security, Federal Emergency Management Agency is hereby 11 accepted and appropriated, with federal revenue increased accordingly, to replace 12 outdated or obsolete items for the Police Special Operations Unit. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of April , 2022. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: row Budget and Management Services Cit or s Office CA15739 R-1 March 23, 2022 91 ITEM— VI.K.1 PLANNING ITEM#72688 The following registered to speak: Robert Beaman,Attorney for the Applicant, 222 Central Park Avenue, Suite 2000, spoke in SUPPORT Kenneth Rodman, Project Manager, 4500 Main Street, Suite 400, Phone: 615-9007, spoke in SUPPORT Mark Gordon, 4545 Commerce Street#2803, Phone: 650-7901, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Rouse, City Council APPROVED, AS PROFFERED, Application of BAKER ROAD PROPERTIES, LLC for a Conditional Change of Zoning from I-1 Light Industrial District to Conditional A-36 Apartment District re construction of 524 dwelling units at a density of 35.67 units per acre at 1276 Baker Road DISTRICT 4(formerly District 4— Bayside) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BAKER ROAD PROPERTIES, LLC for a Conditional Change of Zoning from I-1 Light Industrial District to Conditional A-36 Apartment District re construction of 524 dwelling units at a density of 35.67 units per acre at 1276 Baker Road (GPIN 1469014169)DISTRICT 4(formerly District 4—Bayside) 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(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 51h day of April Two Thousand Twenty Two. Voting: 9-2 Council Members Voting Aye: Michael F.Berlucchi,Linwood O.Branch,Mayor Robert M.Dyer,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: Barbara M. Henley John D. Moss Council Members Absent: None April 5, 2022 N '�ON] ` N „ '6 - w , , - No. COco �hz:_t4.:7*--,_ N o V N AwN T.- co N \ 0 - N\,/(11 o c) co 09 N CO N CN 4 °' ° <cl° m lt024cm o s co 00 I :1 , 024 _ _,-_ ______,, __ I § If.\_`4- - g‘ v?" ( N N m ‘ 1011 V O -, J z 1 J . 73 � co \ , , %- t o 11\i o 4 op Tz. a =I Q. vi '' . ' ___ JL. Q� '-0 o m � gO 4 ) * 00 00 0 D o04 0000 �� cv0o O 0 .O I� 0 DO � � � oD `� Oo boo � 0 0` D o 00 o - 0�00 V oQ�, Oo � ODO 0 o O 0� , o 0 0 00. /.F .D I 00 AN %%, o 0 %,. . . .. ' igcg so r >, a_ >, cr) = cr, c "i5 as .c k / 1 0 0- N 00 El 0 a Prepared by and return to: Robert P. Beaman III,Esq.(VSB No. 74668) Troutman Pepper Hamilton Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement") made this a8 day of 0G3 , 2021, by and between BAKER ROAD PROPERTIES LLC, a Virginia limited liability company (hereinafter referred to as the "Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee", to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, having an address of 1276 Baker Road, Virginia Beach, VA 23455 and being identified as GPIN 1469-01-4169-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from I-1 to Conditional A-36; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-36 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall GPIN: 1469-01-4169-0000 120411664v1 243538.000091 continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Baker Road Apartments", dated August 30, 2021, and prepared by Vanasse Hangen Brustlin, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the building constructed on the Property, when developed, shall be in substantial conformity with the exhibits prepared by Cox, Kliewer & Company, P.C., entitled "Baker Road Apartments - Elevation at Entrance, Material Key", dated October 26, 2021, and "Baker Road Conceptual Rendering", dated October 12, 2021 (together the "Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. 3. Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Vanasse Hangen Brustlin, Inc., entitled "Conceptual Planting Plan", and dated September 9, 2021 (the "Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The community identification sign on the Property shall be a monument-style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. 120411664v4 2 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 120411664v4 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BAKER ROAD PROPERTIES LLC, a Virginia limited liability company By: Frank T. Gadams, Manager STATE/COMMONWEALTH OF V1 v i i'll&. CITY/COUNTY OF K O(fv1 ,to-wit: The foregoing instrument was sworn to and acknowledged before me this a b day of CtrL , 2021, by Frank T. Gadams, as Manager of Baker Road Properties LLC, a Virginia limited liability company. He is either (personally known) to me or has produced as identification. Witness my hand and official stamp or seal this at day of Ckil)VW,2021. 4(2 id 4..4 m . Notary P (SEAL) My Commission Expires: 10/31/0,4 DESIRES NOTARY P M PUUBBLI CATU C Registration Number: /gjnOW1 GSI A MMOWMIS OCTOBER 31,2024OIONEXPI 120411664v1 243538.000091 4 EXHIBIT A Legal Description ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 1-A, as shown on that certain plat entitled "Resubdivision of Parcel 1 & Parcel 2 (M.B. 3, pg. 55) (M.B. 3, Pg. 139) Virginia Beach, Virginia, dated May 12, 2008", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Instrument #20080619000724260. It being the same property conveyed to Baker Road Properties LLC, a Virginia limited liability company by deed from 1276 Baker RD LLC, a Florida limited liability company dated April 16, 2021 and duly recorded April 29, 2021 in the aforesaid Clerk's Office as Instrument Number 202103035976. 120411664v1 243538 000091 5 92 ITEM— VI.K.2 PLANNING ITEM#72689 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council DEFERRED TO APRIL 19,2022,BY CONSENT,Application of NORTH INDEPENDENCE STORAGE,LLC/WELLS FARGO for a Conditional Use Permit re mini-warehouse at 1612 Independence Boulevard DISTRICT 9 (formerly District 4—Bayside) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 93 ITEM— VI.K.3 PLANNING ITEM#72690 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council INDEFINITELY DEFERRED,Application of GEORGI STOYANOV for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 115 DISTRICT 6(formerly District 6—Beach) Voting.• 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 94 ITEM— VLK.4 PLANNING ITEM#72691 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED,JESSE RYANfor a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit C DISTRICT 5(formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JESSE RYAN for a Conditional Use Permit re short term rental at 909 Pacific Avenue, Unit C (GPIN 24272444111015) DISTRICT 5 (formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 909 Pacific Avenue, Unit C and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. This Conditional Use Permit(CUP)shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire, or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. April 5, 2022 95 ITEM— VLK.4 PLANNING ITEM#72691 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration;and c) Proof of liability insurance applicable to the rental activity of at least $1-Million dollars($1,000,000). 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million ($1,000,000) underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. April 5, 2022 96 ITEM— VLK.4 PLANNING ITEM#72691 (Continued) 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. April 5, 2022 97 ITEM— VLK.4 PLANNING ITEM#72691 (Continued) 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 5th day of April Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 p�R '. , R�� O�R nOR 1� � OR �� e.-‘ A <DA Q liiiill, ` OR r?/\WI* R n R5 ' ? A.1 'S treat R5S \to 10 oQ 11111115 4 OR R5S 111 - QOR IRAS% L_ rA18 � PR . .. �t OR RT3 �0 9th - •• ;YA1-21_„ . reef, 10 RT3 ;. 9t $ R5S 04, 0 g AlF\ 14 RAS 0,R5S � '� et 18 �' c� OR th Str'e All � ck A36R5S A18 4 t OR RSSA /RSS Oa 1 A bqk OR N , Site W.4t4.E Jesse Ryan Property Property Polygons 909 Pacific Avenue, Unit C S Zoning Building MIN III IN =MEM Fee n ninn 9nn 'nn Ann cnn Ann 98 ITEM— VLK S PLANNING ITEM#72692 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council DEFERRED TO MAY 17, 2022, BY CONSENT, Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the City Zoning Ordinance(CZO)to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the City Zoning Ordinance (CZO) to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts (Sponsored by Vice Mayor Wilson) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 99 ITEM— VLL APPOINTMENTS ITEM#72693 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER APPEAL BOARD TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD April 5, 2022 100 ITEM— VLL APPOINTMENTS ITEM#72694 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ER VIN R. COX (Representing Surviving Family Member) No Term 5/31 MEMORIAL COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 101 ITEM— VLL APPOINTMENTS ITEM#72695 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JAMES MAURY HILL Three year term 4/5/2022—3/31/2025 CLEAN COMMUNITY COMMISSION Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss,Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 102 ITEM— VLL APPOINTMENTS ITEM#72696 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: RONNIE L.PARKER Unexpired term thru 8/31/22 Plus,four year term 9/1/22—8/31/2026 DEVELOPMENT AUTHORITY Voting.• 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 103 ITEM— VLL APPOINTMENTS ITEM#72697 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ROBIN N.ANDERSON Three year term 4/5/2022—3/31/2025 HEALTH SERVICES ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None April 5, 2022 104 ITEM— VII.L APPOINTMENTS ITEM#72698 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JOHN DRESCHER (Representing Citizen) Unexpired thru 5/31/2023 VIRGINIA BEACH TOWING ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent. None April 5, 2022 105 ADJOURNMENT ITEM#72699 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:45 P.M. Terri H. Chelius Chief Duty City Clerk Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor April 5, 2022 106 OPEN DIALOGUE Sam Brittingham, 444 West Chickarow Road, Phone: 408-2111, spoke concerning business taxes and believes he was overcharged. Ed Weeden, 2875 Sabre Street, Phone: 385-1397, expressed his appreciation to Mayor Dyer and Vice Mayor Wilson for speaking at the American Legion Post 113 First Responder Ceremony Ari Cerja, 3161 Amador Drive, Phone: 910-975-6196, expressed his appreciation to Council Member Rouse for the leadership he provided during his internship as part of the First Colonial High School Legal Studies Program. Barbara Messner, P. O. Box 514, expressed her frustration with City Council ADJOURNED at 9:00 P.M. April 5, 2022