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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 17, 2022
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber,
Building 3, on Tuesday, May 17, 2022, at 2:00 P.M
Council Members Present:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Barbara M. Henley—Arrived at 2:09 P.M
Vice Mayor Rosemary Wilson—Out of Town
Guy K. Tower— Out of the Country
2
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR'S OFFICE UPDATE
ITEM#72854
2:02 P.M.
Mayor Dyer welcomed Ron Agnor, Real Estate Assessor. Mr. Agnor expressed his appreciation to City
Council for their continued support:
REAL ESTATE ASSESSOR'S OFFICE •
May 1 7, 2022
ASSESSMENT
Here is the Department Operating Budget:
Department Operating Budget
Program FY22 FY22 FY23 FY23 Change From
Amended FTE Proposed FTE FY22
Real Estate S3,388,455 35 S3,396,265 35 0 S7,810
Assessor
Board of S2,774 0 S2,774 0 0 S0
Equalization
Total $3,391,229 35 $3,399,039 35 S7.810
May 17, 2022
3
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR'S OFFICE UPDATE
ITEM#72854
(Continued)
Major Challenges & Initiatives
STAFFING
TECHNOLOGY
OUTDATED SOFTWARE
'1414a
The next few slides provide an overview on Staffing:
STAFFING
Executive Administrative
Assistant Supervisor
—Wall state Rrel I+tate Real Estate
Appraiser Appraiser Transfer Clerk Ill
Supervisor(a) r r-rvrsur(I) 14,
Real Estate Rrr.:�,••cti�' Rea s a e
lrpraiSer 111(9) Ap1'I n Transfer Clerk 11
Spr• (01
Real Estate
Real Estate Transfer Clerk I
.ppralser 11(3) (I)
Rr-al Estate
Appraiser 1(3)
(As well as:3 Appraiser&2 Clerk vacancies- 5 total vacancies)
4
May 17, 2022
4
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR'S OFFICE UPDATE
ITEM#72854
(Continued)
Major Challenges - Staffing
FY1 1 - Lost 4 appraisers
FY20 - 1 appraiser restored
FY21,22 - Request for additional appraisers denied
Currently have five (5)vacancies - 1 4%
Requested 2 appraisers for FY23-
Even with the 2 additional appraisers - still below fully
staffed from 10 years ago. (Budget = 91% Personnel)
5
Major Challenges — Staffing (cont.)
Annual Inspection Process Results to Date
(by Calendar Year)
Year #Parcels %Parcels Total Value Added Total Revenue
Inspected Inspected Realized
2021 5,413 3.32% $44,517,730 $440,725
2020 14,079 8.66% $78,938,085 $803,195
2019 12,277 7.59% $53,555,060 $544,923
Total 31,769 19.50% $177,010,875 $1,788,843
• Revenue re-occurring each year
• Minimal time is available for annual inspections with current staffing&
technology
162,877 properties @ 5,413/year=30 years to visit all properties
May 17, 2022
5
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR'S OFFICE UPDATE
ITEM#72854
(Continued)
The next two (2)slides provide an overview of Major Technology Initiatives Underway:
Major Technology Initiatives Underway
Annual Inspection Project = On Hold
Mobile Assessor (field data collection)
Spatial Data Analysis/Mapping Tool
Software Modernization (next slide) ' :
Initiatives Underway
Software modernization (CIP 3.696) $3,250,000
REA, TRO, COR use this integrated product ProVal/Aumentum
(patched, not upgraded)
ProVal = 27-year-old client-based application implemented in 2007
with Aumentum integration &will not be supported forever
Upgrading existing software versions is a major initiative but
necessary to support the city's largest source of revenue.
b
May 17, 2022
6
CITY COUNCIL'S BRIEFING
REAL ESTATE ASSESSOR'S OFFICE UPDATE
ITEM#72854
(Continued)
Here is the Summary:
t ik\\\\
o fo funding to ology initiatives
is r d dem • ... . a cQ 't uelo
e tidate ail .
mu ti provide be esults with 3
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. ui es.
Mayor Dyer expressed his appreciation to Mr. Agnor for the presentation.
May 17, 2022
7
CITY MANAGER'S BRIEFING
FY2021-22 INTERIM FINANCIAL UPDATE
ITEM#72855
2:21 P.M.
Mayor Dyer welcomed Letitia Shelton,Director-Finance. Ms.Shelton expressed her appreciation to City
Council for their continued support:
rtr
-
FY 2022 Interim Financial Statements
General Fund Overview-through April 30,2022(Cash Basis and Unaudited) AB
May 17,2022
Here are the FY 2022 General Fund Revenues and Expenditures through April 30, 2022:
FY 2022 General Fund Revenues and Expenditures
through April 30,2022
($Amounts in Millions)
YTD Actual as
Budget YID %of Budget FY2021 EY2020
Revenues
Local S 1,039 0 S 644.2 62.0% S 606.3 S 577.2
State(includes PPTRA) 167.3 98.1 58.6% 90.1 92.7
Federal 28.6 19.2 67.0% 17.6 19.7
Total Revenues S 1,234.9 S 761.5 61.7% S 714.2 S 689.6
Expenditures
City Operations S 781.9 S 603.1 77.1% S 586.8 S 549.1
City Capital Projects-Cash Funding 103.7 100.1 96.5% 54.8 53.9
Transfer to Schools 477.4 393.4 82.4% 382.0 392.1
Transfer to School Capital Projects 43.5 29.7 68.3% 20.3 7.9
Total Expenditures S 1,406.5 S 1,126.3 80.1% S 1,043.9 S 1.003.0
Appropriated from Fund Balance S (171.6)
Department of Finance.May 17,2022.FY2022 Intenm FinancialStattamillilliall
May 17, 2022
8
CITY MANAGER'S BRIEFING
FY2021-22 INTERIM FINANCIAL UPDATE
ITEM#72855
(Continued)
Here is the FY 2022 General Fund Summary:
FY2022 General Fund Summary
( ACTUAL REVENUES YTD.S761.5M/S1,234.9M ( �'
QM... /
ACTUAL EXPENDITURES YTD.51.126.3 M/f1,406.5 M
/ 0
41.1% /,
a _ a+w_ 3LPI.
46,E .,../ 47.5%
4114144
i 417%
Mr* / 36.7%
26.41►i
21.3% 75.5% 0
/ 124%
r 14.MK LIM
7.1�1. S.1%
I, 4p Int nr, I,. trA Mar ,I lun
---%M FY2022 Exp tudge1 E:p Tread -r-%d FY2022 Rev Budget Rn Teem!
Department of Finance,May 17.2022.FY2022 Interim Financial 3
Here are the FY 2022 General Fund Highlights-Local Revenues through April 30, 2022:
FY 2022 General Fund Highlights - Local Revenues
through April 30,2022
($Amounts in Millions)
YTD Actual
as%of
Local Revenue YTD Budget YTD Actual Budget FY 2021 FY 2020
Real Estate Tax 5 592.6 $ 312.9 52.8% $ 311.4 $ 295.6
Personal Property Tax 119.0 35.1 29.5% 25.7 25.0
General Sales Tax 72.8 64.7 88.8% 57.6 51.9
Business Licenses 53.2 53.2 99.9% 51.9 51.1
Utility/Telecom Tax 44.5 35.0 78.7% 34.3 33.9
Restaurant Meal Taxes 39.8 44.9 112.7% 32.6 35.4
Hotel Taxes 7.2 8.7 121.1% 6.1 6.4
Other Local Taxes 33.3 25.3 76.0% 26.2 22.5
Charges for Services 43.8 35.3 80.6% 27.6 31.1
Other Revenues 18.0 16.8 93.3% 13.0 14.6
Total $ 1,024.2 $ 631.9 61.7% $ 586.4 $ 567.5
Department of Finance May 17.2022,FY2022 Interim Financial statimmi
4 34
4
May 17, 2022
9
CITY MANAGER'S BRIEFING
FY2021-22 INTERIM FINANCIAL UPDATE
ITEM#72855
(Continued)
Here are the FY 2022 General Fund Highlights-Expenditures through April 30, 2022:
FY 2022 General Fund Highlights - Expenditures
through April 30, 2022
($Amounts in Millions)
YTD Actual
as%of
Expenditure Types: YTD Budget YTD Actual Budget FY 2021 FY 2020
Personnel:
General Government $ 275.7 $ 208.6 75.7% $ 206.0 $ 200.9
Public Safety-Fire 60.3 52.1 86.4% 41.9 42.5
Public Safety-Police 95.1 77.4 81.4% 68.5 69.5
Public Safety-EMS 9.6 8.8 91.7% 6.7 6.3
Public Safety-ECCS 9.5 6.5 68.4% 6.9 6.7
Other Operating Cost 230.2 161.6 70.2% 178.3 146.1
Debt Service 59.2 53.3 90.0% 48.5 48.6
Trsf to Schools-Operating and CIP 520.8 423.1 81.2% 402.3 400.0
Other Transfers 146.1 134.9 92.3% 84.8 82.4
Total $ 1,406.5 $ 1,126.3 80.1% $ 1,043.9 $ 1,003.0
Department of Finance.May 17.2022.FY2022lnterim Finandai Stettemgdlill11111 5
QUESTIONS
s
Mayor Dyer expressed his appreciation to Ms. Shelton for the presentation.
May 17, 2022
10
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#72856
2:35 P.M.
Council Member Wooten expressed her sincere condolences to the families of the thirteen (13) victims of
the mass shooting in Buffalo, New York, who were targeted because of the color of their skin as well as
the four(4) victims who were shot at a church in Laguna Woods, California. Council Member Wooten
advised it was difficult to watch the news coverage over the weekend and sends her thoughts and prayers.
Mayor Dyer advised he reached out to Buffalo Mayor Byron Brown to offer condolences on behalf of the
Body and the community and offered to provide a support.
Council Member Rouse requested the Body take a moment of silence for the victims during the Formal
Session.
May 17, 2022
11
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#72857
(Continued)
Council Member Moss advised now that the budget has been approved, he would like a Resolution adopted
with a standard budgetary process and timeline for the Body to follow next year. Council Member Moss
advised having the reconciled budget provided at the City Council Meeting did not serve the public well
and believes the Body needs to do a better job in providing the City Manager and the public budget
guidance. Council Member Moss advised by adopting a budgetary process, it will improve public trust and
transparency.
May 17, 2022
12
AGENDA REVIEW SESSION
ITEM#72858
2:36 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging Special Service
District(SSD) re remove seven properties and AUTHORIZE the REFUND of SSD Levies
2. Ordinances to AMEND City Code Sections:
a. 6-30 re fishing on the northern section of the beach during resort
season at Little Island Park(Deferred from April 19, 2022)
b. 10-1 re change polling locations for the June 2022 primary election:
• Buckner Precinct to Rosemont Elementary School
• Trantwood Precinct to Trantwood Elementary School
3. Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of temporary
and permanent easements, either by agreement or condemnation re Elbow Road Extended Phase
II-C Project, CIP#100159(formerly CIP#2-124)
4. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed of Release and
Exchange re an Agricultural Reserve Program (ARP)land preservation easement located on land
of Vanguard Landing,Inc.
5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of
Agreement(MOA) to ESTABLISH and MAINTAIN the Virginia Beach Conservation Assistance
Program between the City and Virginia Dare Soil and Water Conservation District
6. Ordinance to APPROVE the sale of a portion of School Board property for the City's West Neck
Road Phase IV Project and ALLOW the School Board to retain the sale proceeds
7. Resolution to APPROVE the issuance ofResidential Care Facility Revenue Bonds up to$164-
Million re Westminster-Canterbury on Chesapeake Bay
8. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned:
a. Right-of-way known as Sandfiddler Road, adjacent to 2445
Sandfiddler Road re retain twelve (12) 4"wood pile posts (Deferred
indefinitely from December 7, 2021) DISTRICT 2 (formerly District
7-Princess Anne)
b. Property known as 2973 Heron Ridge Drive and City Maintenance
Easement,located at the rear of 2937 Couples Court re(2)bulkheads
and a deck DISTRICT 2 (formerly District 7-Princess Anne)
c. Property known as Treasure Canal, located at the rear of 2232
Windward Shore Drive re construct and maintain a boat lift, wood
dock, wood pier and 6 wood piles DISTRICT 8 (formerly District 8-
Lynnhaven)
May 17, 2022
13
AGENDA REVIEW SESSION
ITEM#72858
(Continued)
9. Ordinance to DONATE forty Ballistic Vests to the Virginia Association of Chiefs of Police
and Foundation,Inc.
10. Ordinance to increase APPROPRIATIONS by $1.35-Million to the Fuels Internal Service
Fund and AUTHORIZE the City Manager to TRANSFER Funds from the City Manager's
Pandemic Reserve for Fuel Costs to various departments
11. Ordinances to APPROPRIATE:
a. $20,907,617 from Federal and State Funding to FY2021-22 Schools
Categorical Grants Fund
b. $450,000 in Revenue to the FY2021-22 Department of the Virginia
Aquarium Operating Budget re additional expenditures related to
Virginia Aquarium Gift Shop
J. ORDINANCES/RESOLUTIONS:
ITEM#2a WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#6
COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#7
ITEM#8a WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#10
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#11 a
May 17, 2022
14
AGENDA REVIEW SESSION
ITEM#72858
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
K. PLANNING
1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC& WPL VENTURES, LLC for a Variance
to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots at 111 73'd Street
DISTRICT 6(formerly District 5-Lynnhaven)
2. SACRED DAGGERS,LLC/PERCYLEE JONES JR.FAMILY TRUST for a Special Exception
for Alternative Compliance re tattoo parlor at 1705 Mediterranean Avenue DISTRICT 6(formerly
District 6-Beach)
3. RVB3,LLC for a Modification of Proffers to a Conditional Change of Zoning for a drive-through
only restaurant at 5453 Wesleyan Drive DISTRICT 4(formerly District 2-Kempsville)
4. BAKING IT CAKING IT, LLC/BRIANA SMALL for a Conditional Use Permit re home
occupation - commercial kitchen/bakery at 4500 Hollingsworth Lane DISTRICT 2 (formerly
District 1- Centerville)
5. ENTERPRISE LEASING CO. OF NORFOLK-RICHMOND,LLC/E T ENTERPRISES,LLC
for a Conditional Use Permit re motor vehicle rentals at 1112 Lynnhaven Parkway DISTRICT 3
(formerly District 3-Rose Hall)
6. CAR SPA, INC/GENERAL BOOTH VENTURE GROUP, LLC for a Conditional Use Permit
re car wash facility at the northeast corner of General Booth Boulevard & Prosperity Road
DISTRICT 5(formerly District 6-Beach)
7. NORA NIMLEY for a Conditional Use Permit re family day-care home at 1712 Moon Valley
Drive DISTRICT 5(formerly District 3-Rose Hall)
8. WATERMAN SPIRITS,LLC/FESTIVAL,LLC for a Conditional Use Permit re craft distillery
at 712 Atlantic Avenue DISTRICT 5 (formerly District 6-Beach)
9. CHRISTOPHER & CATHLEEN SPRAUER for a Conditional Use Permit re short term rental
at 2200& 2202 Mediterranean Ave DISTRICT 6(formerly District 6-Beach)
10. COASTAL ACCOMMODATIONS, LLC/22 EAST NEPTUNE, LLC for a Conditional Use
Permit re short term rental at 410 22nd Street, Unit B DISTRICT 6(formerly District 6-Beach)
11. GEORGI STOYANOV for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue,
Unit 115 DISTRICT 6(formerly District 6-Beach)
May 17, 2022
15
AGENDA REVIEW SESSION
ITEM#72858
(Continued)
12. Ordinance to AMEND Section 111 of the CZO to ADD terms related to Energy Storage Facilities;
Ordinance to ADD Section 225.02 to the CZO to ADD requirements to Energy Storage Facilities;
Ordinance to AMEND Sections 1001 of the CZO to include Energy Storage Facility as a use
permitted with a Conditional Use Permit in the 1-1 and 1-2 Districts (Sponsored by Vice Mayor
Wilson) (Deferred from April 5, 2022)
K. PLANNING:
ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO AUGUST 9, 2022
ITEM#12 WILL BE CONSIDERED FOR DEFERRAL TO JUL Y 12, 2022
May 17, 2022
16
ITEM#72859
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:
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3711(A)(29)
• Atlantic Park
PROSPECTIVE BUSINESS OR INDUSTRY:Discussion concerning a
prospective business or industry or the expansion of an existing business
or industry where no previous announcement has been made of the
business'or industry's interest in locating or expanding its facilities in the
community
• Beach District
PROPRIETARY INFORMATION RELATED TO BUSINESS TRADE
OR TOURISM DEVELOPMENT: Discussion or consideration of
information subject to the exclusion in subdivision 3 of Section 2.2-3705.6
related to economic development
• Atlantic Park
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
May 17, 2022
17
ITEM#72859
(Continued)
Upon motion by Council Member Jones, seconded by Council Member Holcomb, City Council voted to
proceed into CLOSED SESSION at 3:06 P.M.
Voting: 9-0
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 and Sabrina D. Wooten
Council Members Absent:
Guy K. Tower
Vice Mayor Rosemary Wilson
Break 3:06 P.M. —3:19 P.M.
Closed Session 3:19 P.M. — 4:50 P.M.
Break 4:50 P.M. —6:00 P.M.
May 17, 2022
18
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
MAY 17, 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, May 17, 2022, at 6:00 P.M
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch
Vice Mayor Rosemary Wilson—Out of Town
Guy K. Tower—Out of the Country
INVOCATION: Council Member Jones
MOMENT OF SILENCE: Mayor Dyer requested a moment of silence to honor the victims of the mass
shooting incidents in Buffalo, New York and Laguna Woods, California.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA
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.
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
May 17, 2022
19
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 ofDixon 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.
May 17, 2022
20
ITEM— V.E
CERTIFICATION
ITEM#72860
Upon motion by Council Member Moss, seconded by Council Member Holcomb, 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: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
*Council Member Moss stepped out(3:19—4:00 P.M.) during discussions of Atlantic Park due to a
potential conflict of interest.
**Council Member Wooten stepped out during a portion of the discussion of Atlantic Park—
Proprietary Information Related to Economic Development
May 17, 2022
G11411 BFA
,8)qA.,= ‘. ."1'
*d l OF OUR Nio`°*S
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#72859 on Page 17 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.
A11
Ama Tatia es, C
City C -rk
May 17, 2022
21
ITEM— V.F.1
MINUTES
ITEM#72861
Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council APPROVED
the MINUTES of the FORMAL SESSION of April 26, 2022
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
22
ITEM— V.F.2
MINUTES
ITEM#72862
Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council APPROVED
the MINUTES of the SPECIAL FORMAL SESSION of April 26,2022
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K Tower and Vice Mayor Rosemary Wilson
May 17, 2022
23
ITEM— V F.3
MINUTES
ITEM#72863
Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSIONS of May 3,2022
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
24
ITEM— V.F.4
MINUTES
ITEM#72864
Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council APPROVED
the MINUTES of the FORMAL SESSION of May 10,2022
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
25
ITEM— V.F.5
MINUTES
ITEM#72865
Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council APPROVED
the MINUTES of the SPECIAL FORMAL SESSION of May 10, 2022
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
26
ITEM— V.G.1
MAYOR'S PRESENTATIONS
ITEM#72866
Mayor Dyer welcomed Rae Pearson Benn, Media and Communications Coordinator. Ms. Benn expressed
her appreciation to City Council for their continued support. Ms. Benn advised this month highlights the
people, events and years between 1983 — 1987 as part of the Nostalgic Virginia Beach Campaign to
celebrate the City's 60`"anniversary. Ms. Benn played a short video of the City's history between 1983—
1987 and turned the presentation over to Mayor Dyer to present citizen awards.
60`"ANNIVERSARYA WARDS
Council Member Rouse, on behalf of Mayor Dyer, welcomed Becky Livas to accept the Proclamation on
behalf of John Richard Logan Perry and read the Proclamation recognizing Mr. Perry who is the first
African American elected to the Virginia Beach City Council,servingfrom 1986-1990 as well as his service
to the community through his 39-year career as an educator. Mr. Perry is most notably remembered for
his inspirational and passionate advocacy for the voiceless and paving a path of opportunity for all people.
Mr. Perry exemplifies the model of citizenship and service and is a recipient of the "Virginia Beach
Diamond Award". Council Member Rouse called upon the citizens and members within government
agencies, public and private institutions, business and schools in Virginia Beach to be of service for the
benefit and betterment of the community so that future generations can appreciate and further uplift our
beloved City of Virginia Beach.
Ms. Livas expressed pride in her father for being a wonderful role model and her appreciation to City
Council for this recognition.
Council Member Henley, on behalf of Mayor Dyer, welcomed Joseph Edward Burroughs and Jack Parker
Burroughs and read the Proclamation recognizing their long-time commitment to the City through their
work as the co-founders of the Pungo Strawberry Festival in 1983 which helped to establish the City as a
premier coastal community by swelling the Pungo Strawberry Festival from 50,000 attendees to crowds of
more than 120,000 people. Mr. and Mrs. Burroughs service to the community, unwavering support and
tireless efforts, elevated the profile of the City of Virginia Beach. Mr. and Mrs. Burroughs exemplify the
model of citizenship and today are recipients of the "Virginia Beach Diamond Award". Council Member
Henley called upon the citizens and members within government agencies,public and private institutions,
business and schools in Virginia Beach to be of service for the benefit and betterment of the community so
that future generations can appreciate and further uplift our beloved City of Virginia Beach.
Mr. and Mrs. Burroughs's grandson, Joseph Burroughs Dale, expressed his appreciation to City Council
on behalf of his grandparents for this recognition and their continuous support of the Pungo Strawberry
Festival.
May 17, 2022
c
* * -
9,S Up OUR NAr01 �
firodermtition
Whereas: John Richard Logan Perry,who served as the first African American elected to the Virginia Beach
City Council in 1986,spent the four years of his historic term as a powerful-voice—speaking out for
those who had yet to experience an existence where they felt seen,heard,and valued;and
Whereas John L. Perry used his intelligence,compassion,and optimism to fuel his 39-year career as an
educator with a specialty in S.T.E.9r1.discipline—we are fortunate that his worktookhim from
Norfol ,to the City of Virginia Beach where he cultivated and inspired students to see themselves as
agents of change for the 6etter at'Union Kjmpsville and7impsvifl Nigh Schools;and-
Whereas: John L. Perry inspired those around him and served the community through hard work unwavering
support,and tireless efforts to elevate the profile of the City of Virginia Beach and to enhance the
quality of Cafe for all citizens;and
Whereas: The City of Virginia Beach has greatly 6enefitedfrom the wisdom and lived eAperience shared by
John L.Terry..Ife is counted among the City's residents and community contributors who have made
Virginia Beach a unique,welcoming,and-well-known place to live,workand play;and
Whereas: The Virginia Beach community aneallwithin the.Ifampton Roads area have been&lesseeby the
passionate advocacy of John L. Perry—his courage as a voice for the voiceless,inspired those who
were once silent to become resounding trombones on governing bodies that have the power to shape a
future of limitless opportunity for all people;and
Whereas: By exemplifying the mode(of citizenship and service in the City of'Virginia Beach,John L.Ferry has
empowered other citizens to contribute their skills and talents to the community;and
Whereas: "Nostalgic`i tB"is a celebration of'Virginia Beach pioneers and residents leading up to the 60th
anniversary of our great city in January 2023.
Now,Therefore I,Ebert "Bobby"Dyer, Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim:
John Vchard Logan Perry
Rcipient ofthe " lir ' is Beacfi ODiamond,,Award'
�
In Virginia Beach,andI call upon the citizens and members within government agencies,public and private
institutions, business,and schools in'Virginia Beach to be of service for the benefit and betterment of the community
so that future generations can appreciate andfurther uplift our 6elovedCity of'Virginia Beach.
In 'Witness Whereof, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach,
Virginia, to be affixed this Seventeenth(Day of Way,Two clhousand and Twenty-Two.
Wo6ert M "Bobby"(Dyer
- Mayor
i J r�
-,
9,y�s 4te
of OUR No045
totiantatton
Whereas• Joseph Edward-Burroughs and JackjParcrBurroughs,who stand as two of the cofounders of the
Piing()Strawberry Testival in 1983,served the community through hard work unwavering support,
and tireless efforts to elevate the profile of the City of Virginia Beach and enhance the quality of Cafe
for citizens and visitors;and
'Whereas: Joseph and JackBurroughs,have given of their time and knowledge to help cultivate'Virginia Beach
into an outstanding location for many to calf home and an enduring source of pri&in its high
standing among other large cities across the nation;and
Whereas Joseph and JackBurroughs,have helped establish the City as a premier coastal community 6y
swelling the(Pungo Strawberry'Festivalfrom 50,000 attendees to crowds of more than 120,000
people,who can't wait to taste the festival's endless strawberry options,pet adora6fe animals,ride
rides,shop our unique focal vendors and just experience the lave this community proudly grows;and
Whereas: ?Fie City of'Virginia Beach has great y benefited-from the expertise and devotion demonstrated by
Joseph and JackBurroughs.?hey are counted among the City's residents and community
contributors who have made'Virginia Beach a unique and well-known place to live,workandplay;
and
Whereas: 'The community has been blessed with the unyielding sacrifice of Joseph and JackBurmughs,as they
have strengthened relationships with returning visitors and the citizens of Virginia Beach and
within the J{ampton meads area;and
Whereas' By exemplifying the model of citizenship and service in the City of'Virginia Beach,Joseph and Jack
Burroughs,have contributed to the treasuredfabric of this community through their vision,skjQ•and
faithfulness;and
'Whereas `Nostallic'TAB"is a celebration of Virginia Beach pioneers and residents leading up to the 606
anniversary of our great city in January 2023.
Now,(Therefore I,Mert!K. "Bobby'Dyer,!Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim:
Joseph Edward Burroughs and Jac&Parkgr Burroughs
ggcipients of the 'Virginia Beach Diamond Aware
In Virginia Beach,and I call-upon the citizens and members within government agencies,public and private
institutions, business,and schools in'Virginia Beach to be of service for the benefit and betterment of the community
so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach.
In Witness 'Whereof, I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach,
Virginia, to 6e aff.ied this Seventeenth Day of!Kay,Two'Thousand and-Twenty-Two. Robert!K. "Bo66y"Dyer
Mayor
27
ITEM— V.G.2
MAYOR'S PRESENTATIONS
ITEM#72867
RESOLUTION
LOVE FOR VB DEDICATION DAY
Mayor Dyer welcomed Audravette D.Jackson, Volunteer Resources and Resiliency Program Administrator
and presented the Resolution recognizing MAY 31, 2022 as "LOVE FOR VB DEDICATION DAY"
honoring the twelve (12) victims lost and all who have been traumatized by the brutal act of violence on
May 31, 2019. In honor of the victims, the flag of the City of Virginia Beach shall be flown at half-staff in
all City buildings and on City grounds from May 27th through sunset on May 31'. The Mayor and Members
of City Council urge citizens to remember the victims and pledge to honor them through volunteer acts of
service.
Ms.Jackson expressed her appreciation to City Council for this recognition and their continued support.
May 17, 2022
41,--, ,-- - N
is _ e
Os •• art
OF 0UR NO
RESOLUTION
WHEREAS: Three years ago, Citizens of Virginia Beach experienced an unspeakable tragedy that
resulted in the loss of LaQuita C. Brown;Ryan Keith Cox;Tara Welch Gallagher; Mary Louise"Mary
Lou"Crutsinger Gayle;Alexander Mikhail Gusev;Joshua O.Hardy;Michelle"Missy"Langer;Richard
H. Nettleton; Katherine A. Lusich Nixon; Christopher Kelly Rapp; Herbert "Bert" Snelling, Jr.; and
Robert"Bobby"Williams;and
WHEREAS: In the aftermath of this tragedy,people in the community and beyond called on everyone
to show Love for VB. That phrase was adopted for use in a number of places across our city—homes,
businesses,schools,parks and beyond;and
WHEREAS: We will forever remember the twelve lives lost so suddenly three years ago, and we
continue to pray for all those who were traumatized by this brutal act of violence and seek healing;and
WHEREAS: We are forever changed, but we are resilient. We continue to pledge to commit to
honoring those we lost through acts of service and acts of kindness.
WHEREAS: On this 3`d Anniversary of the May 31, 2019, tragedy, the Mayor and Members of City
Council urge citizens to remember the victims of and pledge to honor them through volunteer acts of
service;and
NOW,THEREFORE,BE IT FURTHER RESOLVED: The flag of the City of Virginia Beach shall
be flown at half-staff in all City buildings and on city grounds from May 27 through sunset on May 31,
2022;and
BE IT FURTHER RESOLVED:That the Virginia Beach City Council pauses during this Formal
Session to reflect upon that tragic day three years ago and that May 31,2022,be recognized as:
LOVE TOW, DEDICATIowcAY
Given under our hands and seals this Se enteenth Day of May,Two Thousand Twenty-Two:
a ele-es ._____
.-..�0. 0,.
CounciI Member Michael EF.BerCucchi Council-Member Linwood O.Branch Cr . Me 6er rbara M.Men
4f7,
Council em6e .(D. "Rpcky"J-fofcom6 Council-Member ouis R Jones unci(Member John D.Moss
f �
Council'MemberAaron R souse ou .1Member cz y R,Tower unci1Mem6e rina D. Wooten
/6141-tv‘ ted-• Y
vice Mayor emary Wilson Mayor co ert M. "Bobby"(Dyer
28
ITEM— V.G.3
MAYOR'S PRESENTATIONS
ITEM#72868
RESOLUTION
ASIAN FOOD MONTH CAMPAIGN
Council Member Wooten, on behalf of Mayor Dyer, welcomed Chance Wilson, Founder & CEO,
Binchmark, LLC and Petula Moy, Asian American Alliance Organization and presented the Resolution
recognizing Binchmark, LLC and Asian American Alliance Organization for creating the Asian Food
Month Campaign. The Campaign seeks to promote Asian American Pacific Islander Heritage Month by
encouraging ongoing cultural relations to celebrate and promote inclusivity, diversity, and progression
within our community.
Mr. Wilson and Ms. Moy expressed their appreciation to City Council for this recognition and continued
support.
•
May 17, 2022
c4.t-
L y • r
so --
01.
Gp ouR R.0
RESOLUTION
WHEREAS: Asian Americans and Pacific Islanders (AAPI) make up roughly seven percent of the United States
population and are currently the fastest growing racial group;and
WHEREAS:AAPI is an umbrella term that is used to include cultures from the entire Asian continent. These cultures
include East,Southeast and South Asia,and the Pacific Islands of Melanesia,Micronesia,and Polynesia;and
WHEREAS:Asian American and Pacific Islander Heritage Week initially was held,May 1 through May 10. This week
is symbolic as it coincides with two milestones: the first Japanese immigrants arrived on May 7, 1843, and the
completion of the Transcontinental Railroad on May 10, 1869, which comprised of mostly Chinese workers.In 1992,
Congress expanded the observance to a monthlong celebration;and
WHEREAS:Throughout the years the AAPI community has endured numerous hardships,including but not limited to
stereotyping as `perpetual foreigners,"language barriers, immigration bans and limitations, and internment camps.
Thus, establishing a trying journey ahead;and
WHEREAS:Asian American and Pacific Islander Heritage Month serves landmark to celebrate the generations of
AAPI who have enriched America's history, their journeys and hardship they have overcome,and their key role in the
success of our nation's future;and
WHEREAS:Two local groups,Binchmark,LLC and Asian American Alliance Organization,have collaborated in the
creation of the Asian Food Month Campaign. Their campaign seeks to encourage ongoing cultural relations efforts
and celebrate AAPI Heritage Month through its amazing food creations:
• Binchmark, LLC was founded by Chance Wilson. Binchmark, LLC focuses on business-to-business services,
communications and media,and project development services.
• The Asian American Alliance Organization was founded by Petula Moy for the progression of diversity and
inclusion. Their mission is to collaborate with Asian,non Asian professionals and leaders to influence diversity
and inclusion through CIVIC involvements.
NOW THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to
recognize Binchmark,LLC and Asian American Alliance Organization for their efforts to promote Asian American and
Pacific Islander Heritage Month with the creation of Asian Food Month and their efforts promote inclusivity,diversity,
and progression within our community.
Given by the Council of the City of Virginia Beach, Virginia the 17'day of May 2022 and present this Resolution duly
signed by each Member o the Vir inia Beach City Council.
teatiA.,
Council Member Michael'F.Berlucchi Council 9Ptem6er Linwood O.Branch Counci(Meir6er ,ar6ara .2{en(ey
179Lkfair
�1,1
Council em6e .CD. "Wpck,y".71o(com6 Counci(Mem,- Louis X Jones ounci(Member John D.Moss
• (,)4:11eL
Council Mem6erAaron X,Rpuse CouncilMem&er Guy x Tower unci(Mem6erSabrina D.Wooten
Vice Mayor semary Wilson Mayor Rg6ert . "Bobby"Dyer
29
ITEM— V.G.4
MAYOR'S PRESENTATIONS
ITEM#72869
PROCLAMATION
SID "POPS"PEARL DAY
Council Member Rouse, on behalf of Mayor Dyer, welcomed Sandi Pearl and presented the Proclamation
proclaiming May 17, 2022 as, "SID `POPS'PEARL DAY". Mr. Pearl was recognized for his commitment
to the youth of Virginia Beach and the Hampton Roads Region through his fifty (50) years as a youth
football coach and establishing the Woodstock Mustangs, later named Virginia Beach Mustangs, working
with dedication to develop young athletes into honorable, respectful and confident adults.
Ms. Pearl expressed her appreciation to City Council for this recognition of her husband who is missed
very much.
May 17, 2022
GtNl `"B
o. - '
...qit
a.
OP owl
Nx.,0 -'
tottamatton
Whereas Sid"Pops"Pearl demonstrateda great investment and a commitment to the youth of Virginia Beach
and-Hampton cpads region through 50 years as a youth football-coach;and
Whereas: Sid"Pops"Pearl was a great husband father,grandfather,brother,fiien4 and coach to his family
and extendedfamily that he impacted through foot6a1J and
`ham Sid"Tops"Pearl started the'Woodstock4'tustangs and laterformed the Virginia Beach Mustangs
and worked with dedication,diligence,and vigor to develop young athletes into honorable,
respectful;and confident adults;and
Whereas: The passing of Sid"Tops"Tears a great member of the community,has caused a deep void in the
thousands of awes that he positively touched and
Whereas: Sid"Tops"(Pearlfaithfulry served his country in the'United States Navy for21 years and served his
community as a youth foot6affcoach forfive decades;and
Whereas: Sid"Tops"Pearl-was loved 6y his family and the community that he served with a gentle spirit and
desire to make a difference in the youth of our region;and
Whereas: Sid"Tops"Pearl-lived in such a manner to touch every person through his great example of love and
acceptance.
Now,?bttefore I,Wo6ert M. "Bo66y"(Dyer, Mayor of the City of Virginia Beach, Virginia,do hereby Proclaim:
May 17,. 2022
.Sid'Tops"Tear (D
In Virginia Beach,and I,as a community mourn with the family and we wilt attempt to improve our awes andCrve
our lives as demonstrated 6y the great example,Sid"Tops"Pear(
In Witness Whereof I have hereunto set my hand and caused the Official Seat of the City of Virginia Beach,
Virginia,to 6e a•ffixed this Seventeenth Day of 9.lay,Two'Thousand andTwenty-Two.
l ,- Ode
7• 4614
Robert 3i. "Bobby"(Dyer
,,
`Mayor
- -'' :' `r
- F '
30
ADD ON
MAYOR'S PRESENTATIONS
ITEM#72870
PROCLAMATION
PUBLIC WORKS WEEK
Council Member Rouse, on behalf of Mayor Dyer, welcomed LJ Hanson, Director — Public Works and
presented the Proclamation proclaiming MAY 15`h - 21' 2022 as "PUBLIC WORKS WEEK". Council
Member Rouse called upon all citizens to salute the hard work, accomplishments, and commitment of these
dedicated members of the Virginia Beach Public Works Department.
Mr. Hanson expressed his appreciation to City Council for their continued support.
May 17, 2022
r.t�1'•BFAe
. .�ti4` , �'•Gr
o*�y s„:'IF,-• t
. or OUR so,-0N
totiamation
Whereas: Pu6CC works infrastructure is above, below, and all-around us;we are able to have
clean water,safe streets, efficient traffic, and liva6Ce communities 6ecause of pu6ac
works;and
Whereas: Pu6Cic works professionals focus on infrastructure,facilities, and services that could
not 6e provided-without their dedicated efforts who perfonn at all•levefs;and
Whereas: 'These professionals are responsible for rebuilding, improving, and protecting our city's
transportation,pu6Cic buildings, traffic systems, beaches and waterways, roads and
streets, and other structures and facilities that are absolutely essential to our citizens;
and
Whereas: Public works services provided in our community are an integral part of our citizens'
everyday fives and creates a lasting impression; the health,safety and comfort of this
community greatly depends on these facilities and services;and
Whereas: The efficiency of the qualified and dedicated personnel-who staff puffic works
departments is materially influenced 6y the people's attitude and understanding of the
importance of the workthey perform.
Now, Therefore I, Wp6ert mil. "Bo66y" Dyer, 7biayor of the City of Virginia Beach, Virginia, do
hereby proclaim:
!May 1.5th — 21s, 2022
(Pu6& Wor&s Wee
In Virginia Beach,andI call upon all citizens to salute the hard work accomplishments, and
commitment of these dedicated members of the Virginia Beach Bu6lic Works(Department.
In Witness Whereof I have hereunto set my Hand and caused the Official"Seat of the City of Virginia Beach,
Virginia, to de affzcecf this Seventeenth Day of Yay,Two' housandandTwenty-Two.
A4 bileAd
�- • 2 Ro6ert&%1. "Bogy"Dyer
Mayor
- -. _ r
,.r
31
ITEM— V.H.1
PUBLIC HEARING
ITEM#72871
Mayor Dyer DECLARED a PUBLIC HEARING:
MODIFY BOUNDARY OF THE HURD'S COVE NEIGHBORHOOD
DREDGING SPECIAL SERVICE DISTRICT(SSD)
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
May 17, 2022
32
ITEM- VI.I
FORMAL SESSION AGENDA
ITEM#72872
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 a total of six(6)minutes to speak on all items.
The City Clerk called the following speaker:
Barbara Messner, P. O. Box 514-spoke in OPPOSITION to: Ordinances/Resolutions J: 1, 2b, 3, 4, 5, 6,
7, 8b/c, 9, 10, 11 a/b and Planning Items K: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED, BY CONSENT, Agenda Items Ordinances/Resolution J: 1, 2b, 3, 4, 5, 6, 7, 8b/c, 9, 10,
11 a/b and Planning Items K: 1(DEFERRED TO AUGUST 9, 2022), 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and
12(DEFERRED TO JULY 12,2022)
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
J. ORDINANCES/RESOLUTIONS:
ITEM#2a WILL BE CONSIDERED SEPARA TEL Y
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#6
COUNCIL MEMBER JONES WILL ABSTAIN ON ITEM#7
ITEM#8a WILL BE CONSIDERED SEPARATELY
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#10
COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#11 a
May 17, 2022
33
ITEM— VI.J.I
ORDINANCES/RESOLUTIONS
ITEM#72873
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council ADOPTED,
BY CONSENT, Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging Special
Service District(SSD)re remove seven properties and AUTHORIZE the REFUND of SSD Levies
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE
2 HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL
3 SERVICE DISTRICT TO REMOVE SEVEN PROPERTIES
4 AND TO AUTHORIZE THE REFUND OF SSD LEVIES
5
6 WHEREAS, the City Council established the Hurd's Cove Special Service District
7 (the "SSD") by ordinance (ORD-3394), which was adopted January 20, 2015;
8
9 WHEREAS, due to an inability to access properties on a spur channel, certain
10 properties will not receive the benefits of the SSD, and such properties need to be
11 removed from the SSD; and
12
13 WHEREAS, in the City's August 2021 general obligation bond sale, the new
14 money bonds had a true interest cost of 1.44%;
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 1. That the boundaries of the Hurd's Cove SSD are hereby modified to reflect the
20 map attached hereto as "Attachment A,"with the GPINs and addresses of the parcels to
21 be removed in "Attachment B."
22
23 2. That the parcels removed from the SSD shall be issued refunds from Capital
24 Project #100210, "Hurds Cove Neighborhood Dredging" and such refunds shall include
25 interest using the amount of the City's most recent general obligation bond sale
26 compounded annually.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1 7 t h
day of May , 2022.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS T CONTENT:
City Treasurer's Office Public Works
APPROVED AS TO LEGAL SUFFICIENCY:
9C' y's Office
CA15776
R-1
April 28, 2022
-_:----- X...../_i _:.:k_
T?
77
1 PRORTIES?0 BE REMOVED r _�.is ,� x IV
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1+36 3041UTT"E-LAVENRD 1455.23.7T114= �+'� s
EC:l 33 UTT.E 4AVENRD 1:36.23-6536-023:
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/ec
r*b: '. ,_= Hurds Cove Neighborhood Dredging -April 2022 .
-ror,
4 `"` 62 Properties "Attachment A"
ATTACHMENT B
Hurds Cove SSD
Properties to be Removed from Program
April 2022
7 Properties
GPIN Address
1498-23-7711-0000 3041 LITTLE HAVEN RD
1498-23-6534-0000 3045 LITTLE HAVEN RD
1498-23-4507-0000 3049 LITTLE HAVEN RD
1498-23-2400-0000 3065 LITTLE HAVEN RD
1498-23-0106-0000 3013 OAK LYNN PATH
1498-23-3232-0000 951 QUAIL RUN QUAY
1498-23-4350-0000 953 QUAIL RUN QUAY
34
ITEM— VLJ.2a
ORDINANCES/RESOLUTIONS
ITEM#72874
The following registered to speak:
Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Henley, seconded by Council Member Moss, City Council ADOPTED,
REVISED VERSION, Ordinance to AMEND City Code Section.
a. 6-30 re fishing on the northern section of the beach during resort
season at Little Island Park(Deferred from April 19, 2022)
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
REVISED VERSION
1 AN ORDINANCE TO AMEND SECTION 6-30
2 OF THE CITY CODE PERTAINING TO
3 FISHING FROM SAND BEACHES
4
5 SECTIONS AMENDED: § 6-30
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That Section 6-30 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12 Sec. 6-30. Fishing from sand beaches.
13 It shall be unlawful to fish from the sand beaches of the city from 42nd Street to
14 Rudee Inlet and at Little Island Park from the northern property line bordering the
15 Sanctuary Condominiums southward to 1400 feet from the southern property line
16 bordering the Back Bay Wildlife Refuge during the resort season between the hours of
17 10:00 a.m. and 4:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends and
18- holidays during the resort season.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17 t_ h
day of May , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
/ ;rJr, _.
City Attorney's Office
CA 15660
R-4
May 17, 2022
35
ITEM— VI.J.2b
ORDINANCES/RESOLUTIONS
ITEM#72875
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council ADOPTED,
BY CONSENT, Ordinance to AMEND City Code Sections:
b. 10-1 re change polling locations for the June 2022 primary election:
• Buckner Precinct to Rosemont Elementary School
• Trantwood Precinct to Trantwood Elementary School
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 AN ORDINANCE TO AMEND SECTION 10-1 OF
2 THE CITY CODE TO CHANGE THE POLLING
3 LOCATIONS OF THE BUCKNER PRECINCT AND
4 THE TRANTWOOD PRECINCT FOR THE JUNE
5 2022 PRIMARY ELECTION
6
7 SECTION AMENDED: § 10-1
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11
12 1. Section 10-1 of the City Code is hereby amended and reordained and Section 10-1.2
13 is hereby added to read as follows:
14
15 Sec. 10-1. Establishment of precincts and polling places.
16
17 There are hereby established in the city the following precincts and their respective
18 polling places, as set forth below:
19
20 Precinct Polling Place
21
22 Alanton Alanton Elementary School
23 Aragona Bayside Sixth Grade Campus
24 Arrowhead Arrowhead Elementary School
25 Avalon Fairfield Elementary School
26 Baker Ebenezer Baptist Church
27 Bayside Bayside Elementary School
28 Bellamy Salem Middle School
29 Blackwater Blackwater Fire Station
30 Bonney Princess Anne High School
31 Brandon Brandon Middle School
32 Brookwood Plaza Annex
33 Buckner Green Run Baptist Church
34 Cape Henry Edgar Cayce's Association for Research and
35 Enlightenment
36 Capps Shop Back Bay Christian Assembly
37 Centerville Centerville Elementary School
38 Chesapeake Beach Bayside Baptist Church
39 Chimney Hill Rosemont Elementary School
40 College Park College Park Elementary School
41 Colonial Colonial Baptist Church
42 Colony Lynnhaven Colony Congregational Church
43 Corporate Landing Corporate Landing Middle School
44 Courthouse Kellam High School
45 Creeds Oak Grove Baptist Church
46 Cromwell Landstown High School
47 Culver Ocean Lakes High School
48 Dahlia Green Run High School
49 Dam Neck Corporate Landing Elementary School
50 Davis Corner Bettie F. Williams Elementary School
51 Eastern Shore Eastern Shore Chapel
52 Edinburgh St. Aidan's Episcopal Church
53 Edwin Kempsville Middle School
54 Fairfield Kempsville Presbyterian Church
55 Foxfire Wave Church (Seaboard location)
56 Glenwood Glenwood Elementary School
57 Great Neck All Saints Episcopal Church
58 Green Run Green Run Elementary School
59 Haygood Haygood United Methodist Church
60 Hillcrest New Castle Elementary School
61 Hilltop Freedom Fellowship Church
62 Holland Holland Elementary School
63 Homestead Providence Presbyterian Church
64 Hunt Princess Anne Recreation Center
65 Independence Windsor Oaks Elementary School
66 Indian Lakes Indian Lakes Elementary School
67 Indian River San Lorenzo Spiritual Center
68 King's Grant King's Grant Elementary School
69 Kingston King's Grant Presbyterian Church
70 Lake Christopher New Covenant Presbyterian Church
71 Lake Joyce Morning Star Baptist Church
72 Lake Smith Bayside Church of Christ
73 Landstown Restoration Church at Landstown
74 Larkspur St. Andrews United Methodist Church
75 Lexington Larkspur Middle School
76 Linkhorn Virginia Beach Community Chapel
77 Little Neck Lynnhaven United Methodist Church
78 London Bridge London Bridge Baptist Church
79 Lynnhaven John B. Dey Elementary School
80 Magic Hollow Virginia Beach Moose Family Center
81 Malibu Malibu Elementary School
82 Manor Providence Elementary School
83 Mt. Trashmore Windsor Woods Elementary School
84 Newtown Good Samaritan Episcopal Church
85 North Beach Galilee Episcopal Church
86 North Landing Hope Haven
87 Ocean Lakes Ocean Lakes Elementary School
88 Ocean Park Bayside Community Recreation Center
89 Oceana The Gathering at Scott Memorial United
90 Methodist Church
91 Old Donation Calvary Baptist Church
92 Pembroke Pembroke Elementary School
93 Pinewood Plaza Middle School
94 Plaza Lynnhaven Elementary School
95 Pleasant Hall Emmanuel Episcopal Church
96 Point O'View Point O'View Elementary School
97 Red Wing Seatack Elementary
98 Rock Lake Salem Elementary School
99 Rosemont Forest Rosemont Forest Elementary School
100 Roundhill Salem High School
101 Rudee W. T. Cooke Elementary School
102 Salem Woods Parkway Elementary School
103 Sandbridge Tabernacle United Methodist Church
104 Seatack Mount Olive Baptist Church
105 Shannon Kempsville Elementary School
106 Shelburne Christopher Farms Elementary School
107 Shell Unity Church of Tidewater
108 Shelton Park Shelton Park Elementary
109 Sherry Park Woodstock Elementary School
110 Sigma Red Mill Elementary School
111 South Beach Museum of Contemporary Art
112 Stratford Chase Kempsville Area Library
113 Strawbridge Strawbridge Elementary School
114 Tallwood Tallwood Elementary School
115 Thalia Thalia Elementary School
116 Thoroughgood Independence Middle School
117 Timberlake White Oaks Elementary School
118 Trantwood Great Neck Baptist Church
119 Upton Three Oaks Elementary School
120 Village Thalia Lynn Baptist Church
121 Windsor Oaks Red Church Steeple
122 Witchduck Bayside Presbyterian Church
123 Wolfsnare Wave Church (Old Donation location)
124 Central Absentee Voter Agriculture/Voter Registrar Building
125 Precinct
126
127 For the June 2022 primary election, the Central Absentee Precinct will be 577
128 Central Drive, and the Municipal Center location of the Office of the Voter Registrar shall
129 remain open to the public during the customary hours required for an office of the Voter
130 Registrar. Also for the June 2022 primary election only, the polling location for the
131 Buckner Precinct shall be Rosemont Elementary School, and the polling location for the
132 Trantwood Precinct shall be Trantwood Elementary School.
133
134
135 2. The Voter Registrar and the City Attorney are hereby directed to seek a
136 certification of no objection from the Office of the Attorney General using the preclearance
137 procedure provided by Virginia Code § 24.2-129(D). The change to the Central Absentee
138 Precinct shall not be administered unless and until the Attorney General has provided
139 such certification or if 60 days lapses without the Attorney General interposing an
140 objection.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this i 7 t hday
of May , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
104444 j2j ___
Voter Registrar y's Office
CA15775
R-1
May 3,2022
36
ITEM— VLJ.3
ORDINANCES/RESOLUTIONS
ITEM#72876
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple and acquisition of
temporary and permanent easements, either by agreement or condemnation re Elbow Road Extended
Phase II-C Project, CIP#100159 (formerly CIP#2-124)
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE SIMPLE
3 FOR ELBOW ROAD EXTENDED PHASE II-C
4 PROJECT, CIP 100159 (FORMERLY CIP #2-
5 124)AND THE ACQUISITION OF TEMPORARY
6 AND PERMANENT EASEMENTS, EITHER BY
7 AGREEMENT OR CONDEMNATION
8
9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
10 public necessity exists for the construction of this important roadway project to improve
11 transportation within the City and for other related public purposes for the preservation of
12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the
13 people in the City of Virginia Beach.
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 Section 1. That the City Council authorizes the acquisition by purchase or
19 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and
20 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee
21 simple, including temporary and permanent easements and entire tracts upon which such
22 rights-of-way or easements shall be located, within the limitations and conditions of Section
23 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the
24 plans entitled "ELBOW ROAD EXTENDED PHASE IIB AND IIC FROM: VIRGINIA BEACH
25 / CHESAPEAKE CITY LINE TO: SALEM ROAD CIP NO. 100529 (2-152) & 100159 (2-
26 124) CIP NO. 100158 (5-148),"(the "Project"), and more specifically described on the
27 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the
28 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia
29 Beach, Virginia.
30
31 Section 2. That the City Manager is hereby authorized to make or cause to be made
32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
33 offer to the owners or persons having an interest in said Property. If refused, the City
34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to
35 condemn said Property.
36
37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 th day of
38 May , 2022.
CA15610
PREPARED: 3/4/22
\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d002\p040\00786803.doc
R-1
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
PUBLIC WORK /REAL ESTATE CITY ATTORNEY
37
ITEM— VLJ.4
ORDINANCES/RESOLUTIONS
ITEM#72877
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Deed of
Release and Exchange re an Agricultural Reserve Program (ARP)land preservation easement located on
land of Vanguard Landing,Inc.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 AN ORDINANCE AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE A DEED OF RELEASE
3 AND EXCHANGE PERTAINING TO AN AGRICULTURAL
4 LANDS PRESERVATION EASEMENT LOCATED ON
5 LAND OF VANGUARD LANDING, INC.
6
7 WHEREAS, On December 19, 2001, Nancy Ellen Williamson ("Williamson"), owner
8 of a parcel of land located at 2036 Princess Anne Road (GPIN: 2413-19-9845) (the
9 "Williamson Parcel"), placed the said parcel into the City's Agricultural Reserve Program
10 ("ARP"), by conveying an ARP preservation easement to the City (the "Preservation
11 Easement").
12
13 WHEREAS, in 2014, Williamson conveyed the Williamson Parcel to Vanguard
14 Landing, Inc., a Virginia non-stock corporation ("Vanguard"), subject to the Preservation
15 Easement;
16
17 WHEREAS, Vanguard also owns a parcel of land located at 2020 Princess Anne
18 Road (GPIN: 2413-19-6111) (the "Vanguard Parcel"), which is adjacent to the Williamson
19 Parcel;
20
21 WHEREAS, Vanguard proposes to develop its property into an agrarian-style mixed-
22 use facility for citizens with intellectual disabilities;
23
24 WHEREAS, in 2014, to ensure that all non-agricultural activities were located
25 outside the Preservation Easement, Vanguard requested that the City release a portion of
26 the land encumbered by the Preservation Easement, in exchange for Vanguard adding
27 approximately the same portion of unencumbered land to the Preservation Easement;
28
29 WHEREAS, by Ordinance ORD-3333X, City Council approved the requested
30 exchange;
31
32 WHEREAS, during the recent site plan review for the proposed development, it was
33 determined that an additional non-agricultural use was placed in the Preservation
34 Easement area; therefore, Vanguard has requested another exchange of land similar to
35 that in 2014;
36
37 WHEREAS, Vanguard has requested that the City release approximately 15,089 sq.
38 ft. of land currently encumbered by the Preservation Easement (the "Released Area"), in
39 exchange for adding approximately 15,095 sq. ft. of land (the "Exchanged Area") to the
40 Preservation Easement, as more specifically shown on the plat attached hereto as Exhibit
41 A;
42
43 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance
44 (hereinafter"Ordinance"), a landowner may petition the City Council for the extinguishment
45 of a Preservation Easement in exchange for the conveyance to the City of a Preservation
46 Easement on a different portion of the landowner's property, under certain conditions set
47 forth in the Ordinance;
48 WHEREAS, the Ordinance provides that the City Council shall approve such an
49 exchange if it makes certain findings enumerated in the Ordinance; and
50
51 WHEREAS, the City Council does hereby make such findings, to-wit:
52
53 (1) the acquisition of the proposed Exchanged Area in lieu of the Released Area
54 does not adversely affect the City's interests in accomplishing the purposes of the
55 Ordinance;
56
57 (2) the proposed Exchanged Area meets all of the eligibility requirements set
58 forth in Section 7 of the Ordinance;
59
60 (3) the Exchanged Area is of at least equal fair market value, is of greater value
61 as permanent open space, and of as nearly as feasible equivalent usefulness and location
62 for use as permanent open-space land as the Released Area; and
63
64 (4) the consideration for the acquisition of the Exchanged Area consists solely of
65 the extinguishment of the Released Area.
66
67 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
68 VIRGINIA BEACH:
69
70 That subject to the determination of the City Attorney that there are no defects in title
71 to the Exchanged Area or other restrictions or encumbrances thereon which may, in the
72 opinion of the City Attorney, adversely affect the City's interests, the City Manager is
73 hereby authorized and directed to execute the necessary documents pursuant to which the
74 City releases the existing Preservation Easement on the Released Area, as shown on the
75 plat attached hereto as Exhibit A and incorporated herein, and acquires, in exchange
76 therefore, the Exchanged Area, as shown on said plat.
77
78 Adopted by the City Council of the City of Virginia Beach, Virginia,on this 17 day of
79 May , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Li1(
Dept. of Agriculture City Attorney
CA15614
\\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D024\P017\001 12544.DOC
R-1
April 29, 2022
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L16 S 44'50'30" W 63.12' VIRGINIA BEACH, VIRGINIA
FEBRUARY 7, 2022
L17 N 28'02'04" W 25.00'
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38
ITEM— VI.J.5
ORDINANCES/RESOLUTIONS
ITEM#72878
Upon motion by Council Member Henley,seconded by Council Member Wooten, City Council ADOPTED,
BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a
Memorandum of Agreement (MOA) to ESTABLISH and MAINTAIN the Virginia Beach Conservation
Assistance Program between the City and Virginia Dare Soil and Water Conservation District
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 A RESOLUTION AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY
3 OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT
4 TO ESTABLISH THE VIRGINIA BEACH CONSERVATION
5 ASSISTANCE PROGRAM BETWEEN THE CITY OF
6 VIRGINIA BEACH AND THE VIRGINIA DARE SOIL AND
7 WATER CONSERVATION DISTRICT
8
9 WHEREAS, the Soil and Water Conservation District implemented the Virginia
10 Conservation Assistance Program (VCAP), an urban cost share program that provides
11 financial and educational assistance to property owners installing Best Management
12 Practices (BMP); and
13
14 WHEREAS, the City of Virginia Beach (City) is interested in expanding the program
15 to create a Virginia Beach Conservation Assistance Program (VBCAP) for the City to
16 provide more financial assistance than is now available and to encourage the improvement
17 of surface waters in the City; and
18
19 WHEREAS, the new VBCAP will also support the City's compliance with its
20 Municipal Separate Storm Sewer System (MS4) permit; and
21
22 WHEREAS, the City will be able to leverage state funds to increase the funding
23 provided to meet some of the demand for citizen interest in this cost share program; and
24
25 WHEREAS, the Virginia Dare Soil and Water Conservation District (VDSWCD) and
26 the City, will through this Memorandum of Agreement, effectively operate and be
27 responsible for the VBCAP.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA, AS FOLLOWS:
31
32 1 . The Council approves the Memorandum of Agreement and authorizes and
33 directs the City Manager to execute the Memorandum of Agreement in the
34 form attached.
35 2. This Resolution shall take effect upon adoption.
Adopted by the City Council of the City of Virginia Beach on the 1 7 t h day of
May , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
•
Director of Public Works City Attorney's Office
CA15695/R-2/May 6, 2022
MEMORANDUM OF AGREEMENT
SUMMARY OF MATERIAL TERMS
PURPOSE: To establish and maintain the Virginia Beach Conservation
Assistance Program
PARTIES: Virginia Dare Soil and Water Conservation District and the City of
Virginia Beach
WITHDRAWAL: Notice to Terminate by either party. Effective Immediately if
nonappropriation or at the start of the following term
DUTIES:
THE CITY OF VIRGINIA BEACH SHALL:
1. Provide a staff liaison to assure a consistent line of communication
between the City of Virginia Beach and VDSWCD. The staff liaison will:
• Meet at least quarterly with VDSWCD to discuss program
administration, outreach, successes, and challenges;
• Provide outreach and information to the City of Virginia Beach
property owners regarding VBCAP; and
• Provide copies of materials developed by VDSWCD, including
application forms, to potential VBCAP applicants.
2. Subject to appropriation by the City Council for the City of Virginia Beach, provide
annual funding of$160,000 to VDSWCD for purposes of administering and
implementing VBCAP.
VDSWCD SHALL:
1. Administer and implement VBCAP in conjunction with VCAP for property
located within the limits of the City of Virginia Beach. Administrative and
implementation tasks include, but are not limited to:
• Financial administration in accordance with the Department of
Conservation and Recreation's Desktop Procedures for District Fiscal
Operations. Records shall be made available to the City of Virginia Beach
upon request.
• Review VBCAP applications and decide whether to approve said
applications.
• Provide forms and program information to VBCAP participants.
• Provide outreach and understanding of program and program
process to the residents of the City of Virginia Beach to maximize
participation in VBCAP.
• Provide guidance and technical assistance to program
applicants during the application process and during
construction installation.
• Coordinate with City of Virginia Beach departments for
compliance with codes, ordinances and permitting
processes.
• Provide final construction installation certification prior to
payment of funds to property owners.
• Provide periodic spot checks to ensure practice maintenance
in accordance with VCAP standards.
2. Provide to the City of Virginia Beach copies of applications, ranking
worksheets, construction installation certificates, and cost reimbursement
amounts for practices implemented using VBCAP.
3. Develop priority considerations in coordination with the City of Virginia
Beach for VBCAP. The priority considerations will be used for VBCAP
practices only.
4. Utilize VBCAP funds from the City of Virginia Beach to fully fund selected
applicants until such time that all such available VBCAP funds are exhausted from
the annual appropriation.
5. Provide a staff liaison to provide a consistent line of communication between the
City of Virginia Beach and VDSWCD. The staff liaison will meet at least quarterly
with the City of Virginia Beach to discuss program administration, outreach,
successes, and challenges.
6. Maintain communication with the City of Virginia Beach staff liaison regarding
program issues which may arise between quarterly meetings.
7. Ensure copies of all financial records and other program records are available
upon request.
8. Provide training for VDSWCD staff, adequate to ensure familiarity with, and
competent administration and implementation of, the VBCAP program.
2
MEMORANDUM OF AGREEMENT
Between
CITY OF VIRGINIA BEACH
And the
VIRGINIA DARE SOIL AND WATER
CONSERVATION DISTRICT
This Memorandum of Agreement(MOA)is made and entered into the day
of ,2022,by and between the City of Virginia Beach and the Virginia Dare
Soil and Water Conservation District(VDSWCD).
VDSWCD has established a Conservation Assistance Program funded by the
Commonwealth of Virginia(VCAP),to provide monetary assistance to non-agricultural
landowners as an incentive for implementation of measures that will reduce their stormwater
footprint and improve surface water quality;and
WHEREAS,the City of Virginia Beach desires to establish an incentive program to be known
as the Virginia Beach Conservation Assistance Program(VBCAP),whereby City of Virginia
Beach funding expands the VCAP Program to City of Virginia Beach non-agricultural property
owners who can take advantage of this Conservation Assistance Program to implement best
management practices that will achieve reductions in stormwater pollution;and
WHEREAS,VDSWCD has agreed to administer VBCAP in conjunction with the VCAP.
NOW THEREFORE,in consideration of the premises,mutual covenants,and obligations
contained herein,the City of Virginia Beach and the VDSWCD hereby enter into this MOA for
the purposes of establishing and maintaining the VBCAP.
BASIC PREMISES
The City of Virginia Beach initially received a Virginia Pollutant Discharge Elimination
System Municipal Separate Storm Sewer System Phase I(MS4)Permit in 1996.The MS4
Permit was reissued in 2016 and includes requirements for the City of Virginia Beach to
reduce pollution from stormwater runoff. Pollutant reductions may be achieved through the
installation of stormwater management facilities and Best Management Practices(BMPs).
Stormwater management facilities and BMPs included in the latest edition of the Virginia
Conservation Assistance Program Implementation and Design Manual (VCAP Manual),7th
Edition,Program Year(PY)2021,and as amended from time to time thereafter,are eligible
for funding under the VBCAP program.The list of practices eligible for use of VBCAP funds
may be modified as mutually agreed upon by both parties,within the VCAP Manual or by a
stand-alone document,separate but in addition to the VCAP Manual.The provisions of the
VCAP Manual referenced above are incorporated into this MOA by reference, as eligible for
use of VBCAP funds.
The objective of the VBCAP urban cost-share program is to provide financial incentives and
technical and educational assistance to property owners installing BMPs in the City of
Virginia Beach.The installation of these BMPs provide for reductions in stormwater
pollutants entering the City of Virginia Beach's local waterways.
Memorandum of Agreement for VBCAP
Page i of 5
THE CITY OF VIRGINIA BEACH AGREES TO:
1. Provide a staff liaison to assure a consistent line of communication between the City
of Virginia Beach and VDSWCD.The staff liaison will:
• Meet at least quarterly with VDSWCD to discuss program administration,
outreach,successes,and challenges;
• Provide outreach and information to the City of Virginia Beach property
owners regarding VBCAP;and
• Provide copies of materials developed by VDSWCD,including application
forms,to potential VBCAP applicants.
2. Subject to appropriation by the City Council for the City of Virginia Beach,provide annual
funding of$160,000 to VDSWCD for purposes of administering and implementing VBCAP.
VDSWCD AGREES TO:
1. Administer and implement VBCAP in conjunction with VCAP for property located
within the limits of the City of Virginia Beach.Administrative and implementation tasks
include,but are not limited to:
• Financial administration in accordance with the Department of Conservation and
Recreation's Desktop Procedures for District Fiscal Operations.Records shall be made
available to the City of Virginia Beach upon request.
• Reviewing VBCAP applications and deciding whether to approve said applications.
• Providing forms and program information to VBCAP participants.
• Providing outreach and understanding of program and program process to the
residents of the City of Virginia Beach in order to maximize participation in
VBCAP.
• Providing guidance and technical assistance to program applicants
during the application process and during construction installation.
• Coordinating with City of Virginia Beach departments for
compliance with codes,ordinances and permitting processes.
• Providing final construction installation certification prior to payment of
funds to property owners.
• Providing periodic spot checks to ensure practice maintenance in
accordance with VCAP standards.
2. Provide to the City of Virginia Beach copies of applications,ranking worksheets,
construction installation certificates,and cost reimbursement amounts for practices
implemented through the use of VBCAP.
3. Develop priority considerations in coordination with the City of Virginia Beach for
VBCAP.The priority considerations will be used for VBCAP practices only.
4. Utilize VBCAP funds from the City of Virginia Beach to fully fund selected applicants until such
time that all such available VBCAP funds are exhausted from the annual appropriation.
5. Provide a staff liaison to provide a consistent line of communication between the City of
Virginia Beach and VDSWCD.The staff liaison will meet at least quarterly with the City of
Virginia Beach to discuss program administration,outreach,successes,and challenges.
6. Maintain communication with the City of Virginia Beach staff liaison regarding program issues
which may arise between quarterly meetings.
Memorandum of Agreement for VBCAP
Page 2 of 5
7. Ensure copies of all financial records and other program records are available upon request.
8. Provide training for VDSWCD staff,adequate to ensure familiarity with,and competent
administration and implementation of,the VBCAP program.
METHOD OF FINANCING
The annual VBCAP program funding from the City of Virginia Beach to VDSWCD is
$16o,000. In order to compensate VDSWCD for its administration of the VBCAP and the
provision of technical assistance to property owners,VDSWCD may retain$50o for each
application for VBCAP funding that it approves.
MODIFICATIONS
Modifications to this MOA must be in writing and signed by the City of Virginia Beach
and VDSWCD.
DURATION AND TERMINATION
This MOA will have a term of five(5)years,beginning on the date of full execution of the MOA by
the signatories.To conform to local government charter and Code of Virginia requirements,the
funding provisions of this MOA will be subject to annual appropriations.
This MOA may be terminated by either party by written Notice to Terminate.Such
termination will be effective with the start of the following annual term.
In the event that the City of Virginia Beach fails to appropriate funds for the VBCAP,VDSWCD
may issue a Notice to Terminate the MOA that is effective immediately.
Memorandum of Agreement for VBCAP
Page 3 of 5
IN WITNESS THEREOF,the duly authorized Chief Administrative Officer of the City of
Virginia Beach and the Chair of the Virginia Dare Soil and Water Conservation District Board
of Directors hereby execute this MOA.
City of Virginia Beach
By:
City Manager
Date:
Date:
Attest:
APPR VED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
4' O o\..
De artment of Publ. orks CityAttorn- • Office
Memorandum of Agreement for VBCAP
Page 4 of 5
IN WITNESS THEREOF,the duly authorized Chief Administrative Officer of the City of Virginia
Beach and the Chair of the Virginia Dare Soil and Water Conservation District Board of Directors
hereby execute this MOA.
Virginia Dare Soil and Water Conservation District
By:
Chai it nia Dare SW Board of Directors
Date: c'-tc), , 24 Zo ZZ
Date: 6tO`^r c k 2 4 ZD 22
Attes .
Memorandum of Agreement for VBCAP
Page 5 of 5
39
ITEM— VLJ.6
ORDINANCES/RESOLUTIONS
ITEM#72879
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council ADOPTED,
BY CONSENT, Ordinance to APPROVE the sale of a portion of School Board property for the City's
West Neck Road Phase IV Project and ALLOW the School Board to retain the sale proceeds
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Abstaining:
John D. Moss
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 AN ORDINANCE APPROVING THE SALE OF A
2 PORTION OF SCHOOL BOARD PROPERTY
3 FOR THE CITY'S WEST NECK PHASE IV
4 PROJECT AND ALLOWING THE SCHOOL
5 BOARD TO RETAIN THE SALE PROCEEDS
6
7
8 WHEREAS, the City of Virginia Beach (the "City") has proposed to purchase from
9 the School Board of the City of Virginia Beach (the "School Board") certain real property
10 comprised of a 748 sq. ft. portion of GPIN 1493-79-0082 for right-of-way purposes (the
11 "Property"). The Property shall be used for the City's West Neck Phase IV Project;
12
13 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property for
14 which the school board has no future use and to retain the proceeds of such sale upon
15 approval of the local governing body, after the school board has held a public hearing on
16 such sale and retention of proceeds;
17
18 WHEREAS, the School Board held a public hearing on April 26, 2022 on the
19 proposed sale of the Property to the City and retention of the proceeds therefrom;
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 1. That the sale of the Property as shown on Exhibit A, attached hereto and
25 made a part hereof, from the School Board to the City is hereby approved; and
26
27 2. That the School Board may retain all of the proceeds of the sale, in
28 accordance with the provisions of Virginia Code §22.1-129.
29
30 Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of
31 May , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
VrnAe- 1 -
Public Works / Real Estate Ci y A 4rne
CA15229
R-1
May 6, 2022
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d014\p041\00789387.doc
EXHIBIT A
SUMMARY OF TERMS
OWNER: School Board of the City of Virginia Beach
BUYER: City of Virginia Beach
PROPERTY: Approximately 748 ± sq. ft. located at
2665 West Neck Road (GPIN: 1493-79-0082)
CONSIDERATION: $1,600 (appraised value)
SOURCE OF FUNDS: West Neck Road Phase IV CIP 100483 (formerly CIP 2-088)
ADDITIONAL TERMS:
• Acquisition is expressly conditioned upon executing an Agreement of Sale and
the satisfaction of all contingencies stated in such agreement.
• Property must be conveyed free and clear of all liens, leases, and tenancies and
rights of possession of any and all parties other than the City.
• Settlement will be within 90 days of full execution of the Agreement of Sale, or as
soon thereafter as is practicable.
• City shall bear the costs of preparation of closing documents and recording fees.
Gi IA•
BEAD
���
4 Lr
r i
City of Virginia Beach
yea a
OF DUR NO),"
VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE May 17, 2022 JDMOSS@VBGOV.COM
In Reply Refer to 0076479
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on an ordinance to approve the sale of School Board property for the City's
West Neck Road Phase IV Project and allow the School Board to retain the sale
proceeds.
2. My wife is employed by Virginia Beach City Public Schools (VBCPS), and I
therefore have a personal interest in VBCPS and this transaction.
3. I am abstaining from the City Council's consideration of this item.
I respectfully request that you record this declaration in the official records of City Council.
Thank you for your assistance.
Si erel /
k.........._
\//?,,
j\
John D. Moss
Councilmember
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
40
ITEM— VLJ.7
ORDINANCES/RESOLUTIONS
ITEM#72880
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
ADOPTED, BY CONSENT, Resolution to APPROVE the issuance of Residential Care Facility
Revenue Bonds up to $164-Million re Westminster-Canterbury on Chesapeake Bay
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N.D. "Rocky"Holcomb,John D.Moss,Aaron R.Rouse and Sabrina
D. Wooten
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 RESOLUTION OF CITY COUNCIL APPROVING THE
2 ISSUANCE OF RESIDENTIAL CARE FACILITY
3 REVENUE BONDS (WESTMINSTER-CANTERBURY
4 ON CHESAPEAKE BAY)
5
6 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has
7 approved the application of Westminster-Canterbury on Chesapeake Bay ("Westminster-
8 Canterbury"), a Virginia nonstock corporation, whose primary business address is 3100
9 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") requesting that the
10 Authority issue up to $164,000,000 of its revenue bonds in one or more series at one time
11 or from time to time (the "Bonds") and loan the proceeds of the Bonds to Westminster-
12 Canterbury in order:
13
14 (1) to finance and refinance the acquisition, design, construction and equipping
15 of an up to seven-story assisted living and memory care building with additional licensed
16 assisted living apartments, memory support apartments, adult care program and dining
17 venues and other amenities over one level of parking; and
18
19 (2) to finance and refinance other capital projects at the Community all within
20 the existing structures or existing parking facilities located at the Community and amounts
21 required for reserves, working capital, capitalized interest, costs of issuance and other
22 financing expenses related to the issuance of the Bonds. Items (1) and (2) above are
23 collectively referred to as the "Plan of Finance".
24
25 WHEREAS, the Authority held a public hearing on April 19, 2022, regarding the
26 Plan of Finance;
27
28 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended
29 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of
30 private activity bonds and over the area in which any facility financed with the proceeds
31 of private activity bonds is located must approve the issuance of the bonds and Section
32 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2,
33 Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such
34 approval;
35
36 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach,
37 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of
38 the Bonds are located in the City and the City Council of the City of Virginia Beach,
39 Virginia (the "Council"), constitutes the highest elected governmental unit of the City;
40
41 WHEREAS, the Authority has recommended that the Council approve the Plan of
42 Finance and the issuance of the Bonds; and
43
44 WHEREAS, a copy of the Authority's inducement resolution approving the
45 issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public
46 hearing and a Fiscal Impact Statement have been filed with the Council.
47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
48 OF VIRGINIA BEACH, VIRGINIA:
49
50 1. The Council hereby approves the issuance of the Bonds, in an aggregate
51 principal amount up to $164,000,000, by the Authority for the benefit of Westminster-
52 Canterbury, solely to the extent required by Section 147(f)of the Code and Section 15.2-
53 4906 of the Act, to permit the Authority to assist in accomplishing the Plan of Finance.
54
55 2. The approval of the issuance of the Bonds does not constitute an
56 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan
57 of Finance or Westminster-Canterbury. In accordance with Chapter 643 of the Acts of
58 Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a debt or a
59 pledge of the faith and credit or taxing power of the Commonwealth of Virginia or any
60 political subdivision thereof, including the Authority and the City.
61
62 3. This resolution shall take effect immediately upon its adoption.
63
64 Adopted by the City Council of the City of Virginia Beach, Virginia, on 17 t h
65 May , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCYv- �.
conomic Development City Attorney
CA15625
\\vbgov.com\dfs 1\applications\citylaw\cycom321wpdocs\d005\p042\00801932.docx
R-1
May 9, 2022
2
���01•IIA•
BEA°
City of Viririia Beach
9 •
S OF OUR NA10.4
LOUIS R.JONES PHONE: (757)583-0177
COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669
Refer to File No.0076477
May 17, 2022
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the resolution approving the issuance of residential care facility revenue bonds
for Westminster Canterbury on Chesapeake Bay.
2. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The
company's corporate headquarters is located at 8464 Tidewater Drive, Norfolk,
Virginia. Several years ago, Hollomon-Brown Funeral Home entered into a
contract for services with Westminster Canterbury on Chesapeake Bay, and that
agreement remains in effect.
3. I will abstain from participating in the City Council's consideration of this item.
Please record this declaration in the official records of the City Council. Thank you.
Sincerely,
cy f' -
Louis R. Jo -s
Councilmember
LRJ/RRI
1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645
41
ITEM— VI.J.8a
ORDINANCES/RESOLUTIONS
ITEM#72881
The following registered to speak.•
Robert Finley, 2445 Sandfiddler Road, Phone: 409-9894, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council ADOPTED
Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned:
a. Right-of-way known as Sandfiddler Road, adjacent to 2445
Sandfiddler Road re retain twelve (12) 4"wood pile posts (Deferred
indefinitely from December 7, 2021) DISTRICT 2 (formerly District
7-Princess Anne)
Voting. 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 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 SANDFIDDLER ROAD,
7 ADJACENT TO 2445 SANDFIDDLER
8 ROAD
9
10 WHEREAS, Robert A. Finley and Graciela I. Finley (the "Finleys") have
11 requested permission to retain twelve (12) 4" wood pile posts (the "Encroachments") into
12 a portion of the City's right-of-way known as Sandfiddler Road, adjacent to their property
13 at 2445 Sandfiddler Road (GPIN: 2434-12-0590); and
14
15 WHEREAS, the Finleys have requested that City Council waive the
16 requirement in City Code Section 33-113(d)(3) that they maintain and keep in effect
17 liability insurance the City as a named insurance on the Encroachments; and
18
19 WHEREAS, the City Staff is of the opinion that insurance for an
20 encroachment is necessary to protect the City's interests in avoiding liability for the
21 Encroachments; and
22
23 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2-
24 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
25 the City's right-of-way subject to such terms and conditions as Council may prescribe.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29
30 That pursuant to the authority and to the extent thereof contained in §§15.2-
31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Finleys, their heirs, assigns
32 and successors in title are authorized to retain the Encroachments in the City's right-of-
33 way as shown on the map entitled: "EXHIBIT SHOWING ENCROACHMENT OF WOOD
34 PILE POSTS LOT 9 SANDBRIDGE BEACH BLOCK 2 MAP BOOK 32 PAGE 65
35 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 25', dated June 16, 2021, and prepared by
36 Warren & Associates, PC, a copy of which is attached hereto as Exhibit A and on file in
37 the Department of Public Works, to which reference is made for a more particular
38 description;
39
40 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject
41 to those terms, conditions and criteria contained in the agreement between the City of
42 Virginia Beach and the Finleys (the "Agreement"), an unexecuted copy of which has been
43 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 Council declines the Finley's
47 request to waive the insurance requirement in City Code Section 33-113(d)(3);
48
49 BE IT FURTHER ORDAINED, that the City Manager or his authorized
50 designee is hereby authorized to execute the Agreement; and
51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
52 such time the Finleys and the City Manager or his authorized designee execute the
53 Agreement.
54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 th
55 day of May , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
IENCY AND FORM:
‘.
IA
P I BL'IC WOR S, REAL ESTATE •
NIO CITY ATTORNEY
CA15197
R-3
Prepared: 04/27/2021
c:\users\ccvaughan\appdata\local\microsoft\windows\inetcache\content.outlook\2r8psed8\00800262.docx
2
GRAPHIC SCALE
0' 25' 50' 75' . R D/AAI SOURGF
- SAP BOOK j2
` 0" 1" 2" 3" PAGE s5
LOT 15, BLOCK 2 LOT 14, BLOCK 2 LOT 13, BLOCK 2
NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY
f KEVIN C. BOLL, JR. LISA S. BROWN • ROBERTA ECHOLS
& USA N. BOLL REVOCABLE TRUST & BRANDON NAFF
INSTRUMENT INSTRUMENT INSTRUMENT
20160805000684600 I 20180703000003870 ;1 2018080700065049C
GPIN 2434 02 9397 ii GPIN 2434 02 9456 GP/N 2434 02 9525
N 10 48'00" W 100.00'
LOT 8, BLOCK 2 LOT 10, BLOCK 2
I NOW OR FORMERLY I LOT 9 NOW OR FORMERLY
PAUL A. SAYEGH I BLOCK 2 LAWRENCE B. LINDSEY
DEED BOOK 4454 INSTRUMENT
PAGE 466 PROPERTY OF 20180215000130060
GRIN 2434 12 1431 ROBERT A. FINLEY & GRACIELA I. FINLEY r GPIN 2434 12 0569
DEED BOOK 4045 PAGE 183 i _
GRIN 2434 12 0590
0
0
,, iii ,
....
_ w
a�errtr-. pp, .
__
8 ,
.- i N
I r
rn
#2445 F ` ^
` + `-a 2-STORY FRAME '+ 2
\ I RESIDENCE
` .' UNDERGROUND
o } ' ' TELECOMMUNJCA TION i
r .II ' LINE
r I +,UNDERGROUND
! �: � � ; ' POWER UNE
'r II
BLOCK 2 I z' '_ . `.I
;' ; ‘-WOOD RETAINING WALL
30' BUILDING ENCROACHMENT AREA .i ,
SETBACK LINE = 620 SQUARE Ftt1 c e • �!
MAP BOOK 32 PAGE 65 S 10'48'00" E 10 .00'• � 1 I ENCROACHMENT AREA]
•1 ,' .. I• i I T = 135 SQUARE FEET
WA TER ME ItR.
PIN FOUND i SEWER MANHOLE-1 • • .
- ..• ‘.�‘ NAIL FOUND
WOOD PILE POSTS • • '7. ',, ;f�'r/'• .I •' t," /`'�S
EDGE OF ASPHAL //12yy3, ,�,, .:,..f'i' . a ,�1?.:-(� i
VACUUM VENTS I _ — -
L 6' VACUUM SEWER •
3/4" WATER SERVICE- 200' TO SWORDFISH LANE
8" CAST IRON WATER MAIN -
SANDFIDDLER ROAD
50' RIGHT OF WAY
MAP BOOK 32 PAGE 65 ,�1,,A TH OF y
DCHIB1 T i_.
SHOWING ENCROACHMENT OF WOOD PILE POSTS R.L. H A R WOOD
LOT 9 Lic. No. 3317
SANDBRIDGE BEACH \, 6-16-21
BLOCK 2
MAP BOOK 32 PAGE 65 N. '
VIRGIN/A BEACH. VIRGINIA '��'�'C SUR` 1.- E
EXCLUSI VEL Y FOR: _ __WARREN AND ASSOCIATES, P C i
LAND SURVEYORS _.-
ROBERT A. FINLEY & GRACIELA I. FINLEY 3933 Indian River Road
Vir4h+&Beach, V Info 23456
SCALE:1 INCH = 25 FEET JUNE 16, 20211 M7-471-`&7z
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE(BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this day of , 20 -, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and ROBERT A. FINLEY and GRACIELA I.
FINLEY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
collectively, "Grantee".
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "9", in Block 2, on that certain plat entitled:
"SANDBRIDGE BEACH PRINCESS ANNE COUNTY, VA. PROPERTY OF
SANDBRIDGE BEACH INCORPORATED NORFOLK, VA.," Scale: 1" = 100', dated
October 10, 1952, and prepared by W. B. Gallup, which plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page
65, and being further designated, known, and described as 2445 Sandfiddler Road,
Virginia Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to maintain twelve (12) 4" wood
pile posts encroaching 12.3' into City right-of-way and encompassing a total of 755 sq.
ft., collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
GPIN: CITY RIGHT OF WAY (NO GPIN ASSIGNED)
GPIN: 2434-12-0590 (2445 SANDFIDDLER ROAD)
WHEREAS, in maintaining the Temporary Encroachment, it is necessary
that the Grantee encroach into a portion of City right-of-way known as Sandfiddler Road
located adjacent to 2445 Sandfiddler Road, the "Encroachment Area", and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT SHOWING
ENCROACHMENT OF WOOD PILE POSTS LOT 9
SANDBRIDGE BEACH BLOCK 2 MAP BOOK 32 PAGE 65
VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated June 16,
2021, and prepared by Warren & Associates, PC, a copy of
which is attached hereto as Exhibit A and to which reference is
made for a more particular description.
Notwithstanding anything to the contrary in the aforementioned
Exhibit A, the wooden posts along Sandfiddler Road must not exceed a maximum
height of four(4) inches.
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 that any existing encroachments
referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the
3
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 City, upon revocation
of such authority and permission so granted, may remove the Temporary Encroachment
and charge the cost thereof to the Grantee, and collect the cost in any manner provided
by law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the Grantee
for the use of the Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, the City may impose
a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
4
compensation and penalties in any manner provided by law for the collection of local or
state taxes.
IN WITNESS WHEREOF, Robert A. Finley and Graciela I. Finley, 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
, 2022, 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
_, 2022, 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
ROBERT A. FINLEY, Owner
GRACIELA I. FINLEY, Owner
STATE OF
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this day of
, 2022, by Robert A. Finley and Graciela I. Finley.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
SIGNATURE DANA R. HARMEYER
SENIOR CITY ATTORNEY
DEPARTMENT
7
GRAPHIC SCALE
0' 25' 50' 75' -�. ID/AN CF-
I
' '` T ` SAP BOOK P
Ow 1n 2n 3n
j2 PAGE 65
LOT 15, BLOCK 2 LOT 14, BLOCK 2 LOT 13, BLOCK 2
NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY
KEVIN G. BOLL, JR. LISA S. BROWN ROBERTA ECHOLS
& USA N. BOLL REVOCABLE TRUST & BRANDON NAFF
INSTRUMENT INSTRUMENT INSTRUMENT
20160805000684600 20180103000003870 20180807000650490
GPIN 2434 02 939 GPIN 2434 02 9456 GPIN 2434 02 9525
17
-- - ' � L -_-
N 10 48'00" W 100.00'
LOT 8, BLOCK 2 LOT 10, BLOCK 2
NOW OR FORMERLY LOT 9 NOW OR FORMERLY
PAUL A. SAYEGH I LAWRENCE B. LINDSEY
DEED BOOK 4454 BLOCK 2 INSTRUMENT
PAGE 466 PROPERTY OF 20180215000130060
GPIN 2434 12 1431 ROBERT A. FINLEY & GRACIELA I. FINLEY I GPIN 2434 12 0569
DEED BOOK 4045 PAGE 183
GPIN 2434 12 0590
0
in '
—_ �
o ,i'N>i',,, 1olui = w
i
S
N
r
Po
3 : r=1- #2445 ^
-~ 2—STORY FRAME ` l z
r —, RESIDENCE _% I\F
UNDERGROUND
^ •i 'ti " TELECOMMUNICA TION
LINE
• 11 UNDERGROUND 1
; --__: I 1 : POWER LINE
-L____________ • H
II
BLOCK 2
—_ a :�� +' `-WOOD RETAINING WALL
•� �• L 4 r Irk
30' BUILDING 1ENCROACHMENT AREA `•' •I ' ,
= 620 SQUARE FEET
• i
SETBACK LINE •
MAP BOOK 32 PAGE 65 S 10'48'00a E 100.00' 4 i [ENCROACHMENT AREA
I• %!� r = 135 SQUARE FEET 1
WATER METER.� . / -
PIN FOUND!SEWER MANHOLE1 • .1. `. NAIL FOUND
WOOD PILE POSTS .�,,r�,f �, (•�� .' 1•",:/,Ai
EDGE OF ASPHALT 12.3 ,.'I//.:/i- • d . %12.;,i
VACUUM VENTS J
L I} 6° VACUUM SEWER
3/4° WATER SER VICE—. 200' TO SWORDFISH LANE
8" CAST IRON WATER MAIN —
SANDFIDDLER ROAD
50' RIGHT OF WAY
MAP BOOK 32 PAGE 65 �1,4.LT�' OF p
EXHIBIT f
SHOWING ENCROACHMENT OF WOOD PILE POSTS o R.L. H AR WOOD S
LOT 9 Lic. No. 3317
SANDBRIDGE BEACH e%, —16-2-1 �
BLOCK 2 . /
MAP BOOK 32 PAGE 65 ~'��NC �E���,
VIRGINIA BEACH, VIRGINIA e SUR "
EXCLUSIVELY FOR: .. WARREN_ AND ASSOCIATES, PC
LAND SURVEYORS -
ROBERT A. FINLEY & GRACIELA I. FINLEY 3933 Indian River Road
SCALD 1 INCH = 25 FEET JUNE 16, 2021 "IO Virginia
7z 23456
-i _
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42
ITEM- VI.J.8b
ORDINANCES/RESOLUTIONS
ITEM#72882
Upon motion by Council Member Henley,seconded by Council Member Wooten, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned:
b. Property known as 2973 Heron Ridge Drive and City Maintenance
Easement, located at the rear of 2937 Couples Court re (2)
bulkheads and a deck DISTRICT 2 (formerly District 7- Princess
Anne)
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS 2973
7 HERON RIDGE DRIVE AND A CITY
8 MAINTENANCE EASEMENT,
9 LOCATED AT THE REAR OF 2937
10 COUPLES COURT
11
12 WHEREAS, Thomas M. and April M. Shackleford (the "Shacklefords") have
13 requested permission to maintain an existing bulkhead and deck, and to construct and
14 maintain a proposed bulkhead (2' channel ward from the existing bulkhead) (collectively,
15 the "Encroachment") adjacent to their property located at 2937 Couples Court (GPIN:
16 2403-64-6620). The Encroachment would extend into the City's property known as 2973
17 Heron Ridge Drive (GPIN: 2403-45-8591), and a City maintenance easement located at the
18 rear of the Shackelfords' property; and
19
20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
22 the City's property subject to such terms and conditions as Council may prescribe.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26
27 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
28 2009 and 15.2-2107, Code of Virginia, 1950, as amended the Shacklefords, their heirs,
29 assigns and successors in title are authorized to construct and maintain the Encroachment
30 into the City's property known as 2973 Heron Ridge Drive and the City maintenance
31 easement as shown on the exhibit entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST
32 FOR A PROPOSED BULKHEAD, AN EXISTING BULKHEAD AND AN EXISTING DECK
33 FOR: THOMAS M. & APRIL M. SHACKLEFORD 2937 COUPLES COURT, LOT 19,
34 HERON RIDGE ESTATES M.B. 273, P. 95 GPIN: 2403-64-6620", Scale: 1" = 50', dated
35 January 26, 2022, prepared by Clark Design Group, a copy of which is attached hereto as
36 Exhibit "A" and to which reference is made for a more particular description;
37
38 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to
39 those terms, conditions and criteria contained in the agreement between the City of Virginia
40 Beach and the Shacklefords (the "Agreement"), an unexecuted copy of which has been
41 presented to the Council in its agenda, and will be recorded, after execution, among the
42 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach;
43
44 BE IT FURTHER ORDAINED, that the City Manager or his authorized
45 designee is hereby authorized to execute the Agreement; and
i
46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
47 such time as the Shacklefords and the City Manager or his authorized designee execute
48 the Agreement.
49
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the
51 May 17th , 2022.
CA15413
R-1
Prepared: 4/12/22
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d020\p040\00798539.doc
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
'\ �r
P L C WOR S, REAL ESTATE EYER
ENI R CITY ATTORNEY
2
c SHACKLEFORD ENCROACHMENT
0 50 100
PROPOSED ENCROACHMENT
PROPOSED BULKHEAD = 32.1'x167'
1" = 50' n/f city of virginia beach MAXIMUM EXISTING ENCROACHMENT
This siteplan is based onplat gpin: 2403-45-8591 EXISTING BULKHEAD = 30.1'x 149'
d.b. 3305 pg 1405 EXISTING DECK = 6.6'x 27.2'
recorded in (City of Virginia
Beach) M.B. 273, P. 91 and PROPOSED 167'
was prepared without the
benefit of a title search OF TIMBER BULKHEAD (2' CHANNELWARD
LAKE FROM EXISTING BULKHEAD)
OHW @ EXISTING DRAINAGE AND IMPOUNDMENT
BULKHEAD 87' EASEMENT(M.B.273 P.95)
60'
-oak
Nco o EXISTING 149'TIMBER BULKHEAD TO REMAIN q
I � z
W
rr N 13°02'46"W \ 15'OP N SPACE
6.96' N 02°04'58"W�� =EMENT(M.e.273 P.95
mb 273 p 91 °'— 30.79' )
in/� \ 20'MAINTENANCE
0o -27.2 \ EASEMENT(M.B.273 P.95)
o
w
n/f james f. &tracey a. diersen ‘,3 I am EXISTING
gpin: 2403-64-6466 TIMBER DECK
inst#20120427000462050 I �� 10'DRAINAGE EASEMENT
m.b. 273 p. 95 lot 18 (M.B.273 P.95)
8, 113 illiOOL r I
n/f thomas m&april m shackleford I gpin: 2403-64-6620 I
n/f andrew m. &cristina
inst#20190730000630230 I silverstone
m.b. 273 p.95 lot 19 I gpin:2403-64-5795
I inst#20190910000764600
1 I 2-STORY FRAME Z m.b. 273 p. 95 lot 20
I #2937 COUPLES co
..Sfumaie*v.:t >I;tr�,t A
0 Ll1J ��
02/02/2022 . . l` J I J R'
WALTER T. McKENNA II 1 w N /
a 0 oLic No. 042866�, 4At',' .. • 7/, 'I' - , 0,, )
f. GN. L=34.21' L=50.33'
ssk�,v,�4�-` R=50.00' R=1278.83'
L=48.18'
R=50.00'
1252'TO
COUPLES COURT HERON RIDGE
(50' RIGHT-OF-WAY M.B.273 P.95) DRIVE
EXHIBIT 'A'- ENCROACHMENT REQUEST FOR
A PROPOSED BULKHEAD, AN EXISTING
BULKHEAD AND AN EXISTING DECK. -C LARK Ef Design
FOR: THOMAS M. &APRIL M. SHACKLEFORD Group
2937 COUPLES COURT. LOT 19, HERON RIDGE
ESTATES M.B. 273, P. 95 824 West 21st Street
Norfolk, Virginia 23517
GPIN: 2403-64-6620 (757) 622 - 3900
DATE: 01/26/2022 SHEET 1 OF 1 www . ClarkDes . corn
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this 7th day of April, 2022, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth
of Virginia, Grantor, "City", and THOMAS M. SHACKLEFORD and APRIL M.
SHACKLEFORD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, collectively, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "19" on that certain plat entitled, "PLAT SHOWING
SUBDIVISION OF HERON RIDGE ESTATES VIRGINIA BEACH, VIRGINIA," Scale: 1"
= 50', dated October 8, 1997, prepared by Bengtson, DeBell & Elkin, Ltd., which plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in
Map Book 273, at page 91, and being further designated, known, and described as 2937
Couples Court, Virginia Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to construct and maintain a
proposed 167' timber bulkhead and to maintain an existing 149' timber bulkhead and
existing wood deck, collectively the "Temporary Encroachment," in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment,
it is necessary that the Grantee encroach into a portion of an existing City-owned property
GPINs: 2403-45-8591 (CITY-OWNED PROPERTY - 2973 HERON RIDGE DRIVE)
2403-64-6620 (2937 COUPLES COURT)
at the rear of 2937 Couples Court, known as 2973 Heron Ridge Drive and a City
maintenance easement, the "Encroachment Area" and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT 'A' -
ENCROACHMENT REQUEST FOR A PROPOSED
BULKHEAD, AN EXISTING BULKHEAD AND AN EXISTING
DECK. FOR: THOMAS M. & APRIL M. SHACKLEFORD
2937 COUPLES COURT, LOT 19, HERON RIDGE EASTES
M.B. 273, P. 95 GPIN: 2403-64-6620," prepared by Clark
Design Group, dated January 26, 2022, a copy of which is
attached hereto as Exhibit "A" and to which reference is made
for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
It is further expressly understood 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
3
Grantee will provide endorsements providing at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent,
with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon revocation
of such authority and permission so granted, may remove the Temporary Encroachment
and charge the cost thereof to the Grantee, and collect the cost in any manner provided
by law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the Grantee
for the use of the Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, the City may impose
a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or
state taxes.
4
IN WITNESS WHEREOF, Thomas M. Shackleford and April M.
Shackleford, 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.
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
, 2022, 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
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2022, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK 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:
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
6
GRANTEE:
7/ -
4SEFORD
/ ,/,
A L M. C RD
STATE OF f Inv(
f,,
CITY/COUNTY F 10 i V ' to-wit:
The foregoing instrument was acknowledged before me this ri day of
__LaI , 202 a-, byThomas M. Shackleford and April M. Shackleford.
P
I
p
' ,Pi) lic U2D 4--- (S A
Notary P Y.twoT Y •,
4 woo&SON
Notary Registration Number: l , -202
My Commission Expires: 0Z5 . ti.r
•'•,4'o =1 a
�'►cicet ��
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
‘pt 61_ C _,1--
S N TURElli° A M R
IOR CITY ATTORNEY
p\„1 ' .e4,1 . .s-1cd
.t.,
DEPARTMENT
7
. •
SHACKLEFORD ENCROACHMENT
0 50 100
PROPOSED ENCROACHMENT
PROPOSED BULKHEAD = 32.1'x167'
1"= 50' n/f city of Virginia beach MAXIMUM EXISTING ENCROACHMENT
gpin: 2403-45-8591 EXISTING BULKHEAD = 30.1'x 149'
This site plan is based on plat d.b. 3305 pg 1405 EXISTING DECK = 6.6'x 27.2'
recorded in (City of Virginia
Beach) M.B. 273, P. 91 and
was prepared without the PROPOSED 167'
benefit of a title search OF TIMBER BULKHEAD (2' CHANNELWARD
LAKE FROM EXISTING BULKHEAD)
OHW @ EXISTING ^ DRAINAGE AND IMPOUNDMENT
BULKHEAD 87' EASEMENT(M.B.273 P.95)
60'
N o/l EXISTING 149'TIMBER BULKHEAD TO REMAIN,
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6.96' N 02°04'58"W EASEMENT(M.B.273 p.95
)
mb 273 p 91 :�, 30.79' 20'MAINTENANCE
co `27.2'� \ EASEMENT(M.B.273 P.95)
ry
n/f james f. &tracey a.diersen w IIllii EXISTING
gpin: 2403-64-6466
TIMBER DECK inst#20120427000462050 I DRAINAGE EASEMENT
m.b. 273 p. 95 lot 18 (M.B.273 P.95)
A POOL r 10'I
i
n/f thomas m&april m shackleford I
gpin: 2403-64-6620 I n/f andrew m. &cristina
inst#20190730000630230 I I I silverstone
m.b. 273 p.95 lot 19 I I gpin:2403-64-5795
inst#20190910000764600
1 I 2-STORY FRAME Z m.b. 273 p. 95 lot 20
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WALTER T. McKENNA II Lepa, / I N,
. Lic. No. 0428— Q, 911
0` r b
L=34.21' 1 L=50.33'
%/ONAtOG R=50.00' I R=1278.83'
L=48.18' I
R=50.00' i
1252'TO
COUPLES COURT HERON RIDGE
(50' RIGHT-OF-WAY M.B.273 P.95) DRIVE
EXHIBIT 'A`- ENCROACHMENT REQUEST FOR
A PROPOSED BULKHEAD, AN EXISTING
BULKHEAD AND AN EXISTING DECK. -GbARKt
Design
FOR: THOMAS M. &APRIL M. SHACKLEFORD Group
2937 COUPLES COURT, LOT 19, HERON RIDGE 824 West 21st Street
ESTATES M.B. 273, P. 95 Norfolk, Virginia 23517
GPIN: 2403-64-6620 (757) 622 - 3900
DATE: 01/26/2022 SHEET 1 OF 1 www . ClarkDes . corn
c SHACKLEFORD ENCROACHMENT -Th
0 50 100
PROPOSED ENCROACHMENT
PROPOSED BULKHEAD = 32.1'x167'
1"=50' n/f city of virginia beach
gpin: 2403-45-8591
This site plan is based on plot d.b. 3305 pg 1405
recorded in (City of Virginia PROPOSED 167'
Beach) M.B. 273, P. 91 and OF TIMBER BULKHEAD (2'CHANNELWARD
was prepared without the
benefit of a title search FROM EXISTING BULKHEAD)
LAKE
OHW @ EXISTING _DRAINAGE AND IMPOUNDMENT
BULKHEAD 8T EASEMENT(M.B 273 PGS 91-106)
v, ��'� N o cri,'�G gULr,, j :716:°1_f_ev.
,1'` z NO2'04'58'w30.79" 157:E.90.4i-i'.ENT3E1/7/-
om - ` N 13 02 46 W 1116 �� SPACE- _ (M.B. 273 P gs)
mb 273 p 91 =ECK �' 20' MAINTENANCE EASEMENT
c �_ (M.B. 273 P.95)
n/f james f. & tracey a. w 1
diersen 1 •
gpin: 2403-64-6466 1 I10.DRAINAGEEASEMENT
instil 20120427000462050 (M.B.273 P.95)
m.b. 273 p. 95 lot 18 POOL r
in
n/f thomas m & april m y
shackleford n/f andrew m. & cristina
gpin: 2403-64-6620 r .����� I silverstone
1
instil 20190730000630230 gpin: 2403-64-5795
m.b. 273 p. 95 lot 19 I instil 20190910000764600
I 2-STORY FRAME z m.b. 273 p. 95 lot 20
#2937 COUPLES OD
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L=34.21' L=50.33'
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L=48 18'
R=50.00'
1252'TO
COUPLES COURT HERON RIDGE
(50' RIGHT-OF-WAY M.B.273 P.95) DRIVE
EXHIBIT 'A'- ENCROACHMENT REQUEST FOR
A PROPOSED BULKHEAD, AN EXISTING
BULKHEAD AND AN EXISTING DECK. "GLARK Design
FOR. THOMAS M. &APRIL M. SHACKLEFORD Group
2937 COUPLES COURT, LOT 19 HERON RIDGE
ESTATES M.B. 273, P 95 824 West 21st Street
Norfolk, Virginia 23517
GPIN: 2403-64-6620 (757) 622 - 3900
DATE: 1 2 / 10 / 2021 SHEET 1 OF 1 www . ClarkDes . corn
43
ITEM— VI.J.8c
ORDINANCES/RESOLUTIONS
ITEM#72883
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned:
c. Property known as Treasure Canal, located at the rear of 2232
Windward Shore Drive re construct and maintain a boat lift, wood
dock, wood pier and 6 wood piles DISTRICT 8 (formerly District 8-
Lynnhaven)
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY-OWNED
6 PROPERTY KNOWN AS TREASURE
7 CANAL, LOCATED AT THE REAR
8 OF 2232 WINDWARD SHORE DRIVE
9
10 WHEREAS, Colin and Courtney Kelly (the "Kellys") have requested permission to
11 construct and maintain a 13' X 13' boat lift, 19.3' x 23.5'wood dock, 5.5' x 20.18'wood pier
12 and 6 wood piles (collectively, the "Encroachment")within the City-owned property known
13 as Treasure Canal, located at the rear of 2232 Windward Shore Drive (GPIN: 2409-19-
14 0274); and
15
16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
18 the City's property subject to such terms and conditions as Council may prescribe.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22
23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Kellys, their heirs, assigns
25 and successors in title are authorized to construct and maintain the Encroachment in the
26 City's property as shown on the Exhibit entitled: "ENCROACHMENT REQUEST FOR
27 EXISTING BOAT LIFT, WOOD DOCK, WOOD PIER AND EXISTING WOOD PILES TO
28 BE REPLACED FOR COLIN AND COURTNEY KELLY ON LOT 58 SUBDIVISION OF BAY
29 ISLAND SECTION ONE (M.B. 45, PG. 37A)VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50',
30 dated March 7, 2022, prepared by WPL, a copy of which is attached hereto as Exhibit "A"
31 and on file in the Department of Public Works, to which reference is made for a more
32 particular description;
33
34 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to
35 those terms, conditions and criteria contained in the Agreement between the City of Virginia
36 Beach the Kellys (the "Agreement"), an unexecuted copy of which has been presented to
37 the Council in its agenda, and will be recorded, after execution, 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 the Kellys and the City Manager or his authorized designee execute the
45 Agreement.
i
t
46
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the
48 day of May , 2022.
CA14678
PREPARED: 4/29/22
R-1
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d027\p042\00800328.doc
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
Pi ()
i B IC WO KS, REAL ESTATE DAN RMEYER
SENIOR CITY ATTORNEY
2
. EX IT A
EXISTNG
TREASURE CANAL BOAT LIFT
40LTH 0�� (M.B. 45, PG. ,37A) 20.18'
,l (N/F CITY OF SRC/N/A BEACH) 19
5
FLOOp 18 59' 19.30' EXISTING WOOD PIER
.2.‘ EXISTING WOOD
tr7,-- „,
LiIC 2904R EBB r E N 87:74;ja $ 1iti14
PILE (1P)� nO�p03/07/2022 6T1 ► EXISTING 1O7 S 813323 E.
'�,� O'� N 49•`c� BULKHEAD 85 '`��14 4 -_
S' RN I
U / EXISTING
WOOD DOCK
NAIL
SITE DATA
(F) LOT 58 PIN (F) ONLINE
1. THE PROPERTY IS CURRENTLY LEGALLY ,
DESCRIBED AS LOT 58, SUBDMS$ON 0200.35'
BAY ISLAND, SECTION ONE, PLAT Z Q
RECORDED IN Ma45, PG. 37A,, IN
THE CLERK'S OFFICE OF THE CIRCUIT
COURT OF THE CITY OF VIRGINIA 1-4 2232 WINDWARD SHORE DRIVE
BEACH, VIRGINIA.
N
2. GPIN: 2409-19-0274 COLIN & COURTNEY KELLY 0 N
(I.N. 20150724000706820)
N/F % (M.B. 45, PG. 37A)
LOT 57 GPIN: 2409-19-0274
4 N/F
(M.B. 45, PG. 37A) (ji--- LOT 59
x x x x
2236 WINDWARD SHORE DRIVE �
M B 45, PG. 37A)
LEO C. WARDRUP III �_ �8 WINDWARD SHORE DR
V N (I.N. 20110817000840330) r' x
0 GPIN: 2409-09-9252 cV JUSTIN & MARCIA WHEELER
fr) --3;).._ \-----0 i 1 _ ^ (I.N. 20120910001031900)
; GPIN: 2409-19-2203
TOP OF 6%
SLOPE _ \
565.02' TO P.I. OF V €
COMPASS CIRCLE ,t'
4 ,;-- . ft .
R=400' WINDWARD SHORE DRIVE
0 50 100 L=100' (50' R/W)(M.B. 45, PG ,37A)
11 � i--I I SCALE
SCALE: 1"=50'
saw 1 OF 2
ENCROACHMENT REQUEST
R
' i EXISTING BOAT LIT, WOOD DOCK, WOOD PIER
AND EXISTING WOOD PILES TO BE REPLACED
L ”fire ,
FOR
-----.= V ) 1 N2
} COLIN AND ' KELLY
_ SUBDIVISION OF BAY ISLAND, SECTION ONE
(M.B. 45, PG. 37A)
F VIRGINIA BEACH VIRGINIA
Landscape Architecture
Land Surveying date: 03/07/2022 F.B./PG.: 1070/37 proj. no.: 220-0215
Civil Engineering
wpIsite.com 757.431.1041
242 YII,SUNG 1RM.SiE 8 MGM EACH,VA 23452 file: 220-0215_Ench Exh.dwg PLAT: B-251 CAD/chk: EG/eag
4) JTh O� PILE LOCATION DIMENSIONS
v1 PILE DISTANCE FROM
REFERENCE PROPERTY LINE
A 6.2' W ;?ii
ov*' IC ARNER B 19.4' Ct II")
Lic. o. 2904 C 19.3' �O
03/07/2022 D 6.1'
�,� �� E 6.1' Q t,N
4, S 1� .F 19.5'
URN1 W
ts
TREASURE CANAL
(M.B. 45, PG. 37A)
(N/F CITY OF I/7RG/NG4 BEACH)
PROPOSED 1.3'x 13'
BOAT LIFT
EB6 REDECK
REPLACE EXISTING P/ER
EXISTING BOAT FOR NEW BOAT
EXISTING LIFT LIFT
142OOD WOOD DOCKz. B C20.18'
�23.5' 19.5'
a� a'�/ _ ' F
cu // o EXISTING
cx> '/ WOOD
N 8734 53" 4 rn PIER EXISTING WOOD
.A D PILE (TYP)
107.85'
EXISTING STEP �, E •
S 81'331 3'" E
EXISTING WOOD ppr
ju. 14.47
, 4.73EXISTING
BULKHEAD .. ..' —
:.:.
REPLACE •
EX/STING WOOD �;�
LOT 58 PILES
2232 WINDWARD SHORE DRIVE
COLIN Sc COURTNEY KELLY
0 20 40 (I.N. 20150724000706820)
I—► 1---i I--I I SCALE (M.B. 45, PG. 37A)
SCALE: 1 =20' GPIN: 2409-19-0274
I SHEET 2 OF 2
ENCROACHMENT REQUEST
i FOR
_- EXISTING BOAT LIFT, WOOD DOCK, WOOD PIER
=_ AND EXISTING WOOD PrffILES TO BE REPLACED
- R
- COLIN COLIN AND CQ
I
- ON Lov� KBLLY
SUBDIVISION OF BAY ISLAND, SECTION ONE
(M.B. 45, PG. 37A)
L - VIRGINIA BEACH, VIRGINIA
Landscape Architecture
Land Surveying date: 03/07/2022 I F.B./PG.: 1070/37 proj. no.: 220-0215
Civil Engineering
wpIsite.com 757.431.1041
242 iuSTMNG EAL S1E 8 VRGNA 6i:ACii,VA 23452 file: 220-0215_Ench Exh.dwg PLAT: B-251 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)
THIS AGREEMENT, made this /PA day of pTi l , 2022, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and COLIN KELLY and COURTNEY KELLY,
husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot " 58," as shown on that certain plat entitled
"SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO. VA.
LYNNHAVEN MAGISTERIAL DISTRICT," Scale 1" = 100', dated February 1958,
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 45, at page
37, and being further designated, known, and described as 2232 Windward Shore Drive,
Virginia Beach, Virginia 23451-1728;
WHEREAS, it is proposed by the Grantee to replace, construct and maintain
an existing 13' x 13' boat lift, 19.3' x 23.5' wood dock, 5.5' x 20.18' wood pier, and six (6)
wood piles collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
GPIN: City Property known as Treasure Canal (No GPIN Assigned)
2409-19-0274 (2232 Windward Shore Drive)
WHEREAS, in constructing and maintaining the Temporary Encroachment,
it is necessary that the Grantee encroach into a portion of an existing City-owned property
known as Treasure Canal, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which is hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled:
"ENCROACHMENT REQUEST FOR EXISTING BOAT LIFT,
WOOD DOCK, WOOD PIER AND EXISTING WOOD PILES
TO BE REPLACED FOR COLIN AND COURTNEY KELLY
ON LOT 58 SUBDIVISION OF BAY ISLAND, SECTION ONE
(M.B. 45, PG 37A) VIRGINIA BEACH, VIRGINIA," prepared
by WPL , dated March 7, 2022, a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
2
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments or
encroachments to be removed referenced in the Exhibit or this Agreement are the
ongoing maintenance obligation of the Grantee and the City disclaims any ownership
interest or maintenance obligation of such encroachments.
3
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00 per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent,
with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon revocation
of such authority and permission so granted, may remove the Temporary Encroachment
and charge the cost thereof to the Grantee, and collect the cost in any manner provided
by law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the Grantee
for the use of the Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, the City may impose
a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
4
compensation and penalties in any manner provided by law for the collection of local or
state taxes.
IN WITNESS WHEREOF, Colin Kelly and Courtney Kelly, 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
, 2022, 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
, 2022, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK 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:
6
it
:f-
,*
c. •
II
COLIN KELLY, Owner
co,____,__l
l:
' ' COURTNEY KELLY, Ojt,,(w er
i ,
STATE OF Vic ir'iG.
CITY/COUNTY�F Vi f i;nicA6c ch
to-wit:i11
ti-
i
The foregoing instrument was acknowledged before me this 1 day of
' Aril,
, 2021, by Colin Kelly and Courtney Kelly.
a
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firNIL, ��
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No':ry Public
b. ,' :' ttr' iy-'. ) i
Notary Registration Number: it 150 I LDa *, =
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My Commission Expires: P � 3 li 23.. 4� e�K i
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1:,' APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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5 l't1 SENIOR C ATTORNEY
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EXIIII IT A
EXISTNG
TREASURE CANAL BOAT LI R-
#V O ), (M.B. 45, PG. 37A) 20.18'
,r (N/F CITY OF WRG/N/A BEACH) 19.5'
„or, 18.59' 19.30' EXISTING WOOD PIER
EXISTING WOOD
r,-,iiP,Lic. 2904R l36 " E N 87`34' '��/Willi PILE (TYP)
E 01 53 / H0.3/07/2022 N 6, EXISTING 1O7 �l` S 813323 E
'� p'�' 49•`� BULKHEAD 8 �''"� _ 4.73'
5 LL
,47
40 UR , EXISTING i'%
WOOD DOCK
NAIL
SITE DATA
(F) LOT 58 PIN (F) ONLINE
1. THE PROPERTY IS CURRENTLY LEGALLY
DESCRIBED AS LOT 58, SUBDMSION 0200.35'
OF BAY ISLAND, SECTION ONE, PLAT Z \-
RECORDED IN W.B. 45, PG. 37A„ IN0
THE CLERK'S OFFICE OF THE CIRCUIT �+
COURT OF THE CITY OF VIRGINIA o 2232 WINDWARD SHORE DRIVE cd
BEACH, VIRGINIA. -4. C-1
2. GPIN: 2409-19-0274 IV COLIN & COURTNEY KELLYN
(I.N. 20150724000706820)
N/F (M.B. 45, PG. 37A)
LOT 57 GPIN: 2409-19-0274
(M.B. 45, PG. 37A) - N/F
2236 WINDWARD SHORE DRIVE t" r "-'-'-' LOT 59
•� LEO C. WARDRUP III w (M.B. 45, PG. 37A)
U� ►� (I.N. 20110817000840330) ^, x + s_ 2228 WINDWARD SHORE DR
j GPIN: 2409-09-9252 JUSTIN & MARCIA WHEELER
p \-------91111h�f- ^ (I.N. 20120910001031900)
;1 GPIN: 2409-19-2203
N
-K. h' o
W ed TOP OF 6%
SLOPli
E _ \
565.02' TO P.I. OF
COMPASS CIRCLE % ---- '.. n '
R=400' WINDWARD SHORE DRIVE
0 50 100 L=100' (50' R/N)(M.B. 45, PG. ,37A)
I'--+ ,--1 1--1 I SCALE
SCALE: 1"=50'
SHEET 1 OF 2
ENCROACHMENT REQUEST
FEXISTING BOAT LIFT, WOOD DOCK, WOOD PIER
AND EXISTING WOOD PILES TO BE REPLACED
L
FOR
alit _ ; COLIN AND COVINEY BELLY
ONLO 8
SUBDIVISION OF BAY ISLAND, SECTION ONE
(M.B. 45, PG. 37A)
VIRGINIA BEACH, VIRGINIA
Landscape Architecture
Land Surveying date: 03/07/2022 I F.B./PG.: 1070/37 proj. no.: 220-0215
Civil Engineering
wpIsite. m 757. .
242 IUSTN4 co1RAL SIE 8 WGNA BEAdi,431 VA 234521041 file: 220-0215_Ench Exh.dwg PLAT: B-251 CAD/chk: EG/eag
#1,TH 0� PILE LOCATION DIMENSIONS
i>.,r PILE DISTANCE FROM
REFERENCE PROPERTY LINE
'4 A 6.2' V
r#ARNE R B 19.4'L4 a c 19.3' 0 cs
03/07/2022 D 6.1' Q
�� �� E 6.1' Q �
UR ..N
' b S �° F 19.5' I
TREASURE CANAL
(AI.B. 45, PG. 37A)
(N/F CITY OF 14RO/NA BEACH)
PROPOSED 13'x13'
BOAT LIFT
EBB REDECK
REPLACE EXIST/NG P/ER
EXISTING BOAT FOR NEW BOAT
EXISTING LIFT LIFTFL040 WOOD DOCKz. pB 4C20.18'
�23.5' 19.5'
c�i�/ - EXISTINGod
F
`n // o WOOD
/
N 87,34 53" 17.4' a� PIER EXISTING WOOD
{�j/ •A D PILE (TYP)
EXISTING STEP 707.85' 11 E • 5 81"3323p E
EXISTING WOOD ' % 4.73'
PLATFORM EXISTING 14.47'
BULKHEADdNI_ I ,
PAII o ■■
REPLACE b:if
EXIST/NG WOOD 0 A
LOT 58 PILES Air
2232 WINDWARD SHORE DRIVE
COLIN & COURTNEY KELLY
0 20 40 (I.N. 20150724000706820)
1--+ F---( 1-4 I SCALE (M.B. 45, PG. 37A)
SCALE: 1"=20' GPIN: 2409-19-0274
ENCROACNTF� REQUEST
R
____ EXISTING BOAT LIFT, WOOD DOCK, WOOD PIER
AND EXISTING WOOD PILES TO BE REPLACED
__ - 1 COLIN AND C
FOR
j. o KELLY
ONLOL 8
;`- `f, Wa SUBDIVISION OF BAY ISLAND, SECTION ONE
(M.B. 45, PG. 37A)
VIRGINIA BEACH, VIRGINIA
Landscape Architecture
Land Surveying date: 03/07/2022 J F.B./PG.: 1070/37 proj. no.: 220-0215
Civil Engineering
wpplsite.com 757.431.1041
242 IIUSTMG 1RAI.SE 8 VIM EACH,VA 23452 file: 220-0215_Ench Exh.dwg PLAT: 8-251 CAD/chk: EG/eag
44
ITEM— VI.J.9
ORDINANCES/RESOLUTIONS
ITEM#72884
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
ADOPTED,BY CONSENT, Ordinance to DONATE forty Ballistic Vests to the Virginia Association
of Chiefs of Police and Foundation,Inc.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
` N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 AN ORDINANCE TO DONATE FORTY BALLISTIC VESTS
2 TO THE VIRGINIA ASSOCIATION OF CHIEFS OF POLICE
3 AND FOUNDATION, INC.
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That the City Council hereby authorizes the donation of forty ballistic vests to
9 Virginia Association of Chiefs of Police and Foundation, Inc., a non-profit organization.
10 Such vests shall be donated in "AS IS" and "WITH ALL FAULTS" condition.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
- I
Budget and anagemen Services City Attor ey's Office
CA15770
R-1
April 29, 2022
45
ITEM— VI.J.10
ORDINANCES/RESOLUTIONS
ITEM#72885
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
ADOPTED, BY CONSENT, Ordinance to increase APPROPRIATIONS by $1.35-Million to the
Fuels Internal Service Fund and AUTHORIZE the City Manager to TRANSFER Funds from the
City Manager's Pandemic Reserve for Fuel Costs to various departments
Voting: 7-1
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 AN ORDINANCE TO INCREASE APPROPRIATIONS
2 TO THE FUELS INTERNAL SERVICE FUND BY
3 $1,350,000 AND TO AUTHORIZE THE CITY
4 MANAGER TO TRANSFER FUNDS FROM THE CITY
5 MANAGER'S PANDEMIC RESERVE FOR FUEL
6 COSTS
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 1) $1,350,000 is hereby appropriated to the Fuels Internal Service Fund, with
12 revenues increased accordingly, for the purchase of fuel for the remainder of
13 the fiscal year.
14
15 2) The City Manager is hereby authorized to transfer funds from the City
16 Manager's Pandemic Reserve for fuel related expenses to the various
17 departments.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day
of May , 2022.
Requires an affirmative vote by a majority of all of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
xudg_wbz.___.__
eagement Services it s ice
CA15777
R-2
May 5, 2022
46
ITEM— VLJ.11a
ORDINANCES/RESOLUTIONS
ITEM#72886
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
ADOPTED,BY CONSENT, Ordinance to APPROPRIATE:
a. $20,907,617 from Federal and State Funding to FY2021-22 Schools
Categorical Grants Fund
Voting: 7-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse and
Sabrina D. Wooten
Council Members Abstaining:
John D. Moss
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $20,907,617 IN FEDERAL AND STATE FUNDING TO
3 THE FY 2021-22 SCHOOLS CATEGORICAL GRANTS
4 FUND
5
6 WHEREAS, the City of Virginia Beach's adopted budget ordinance for FY 2021-
7 22 appropriated $204,198,866 into the Categorical Grants Fund of the School Board of
8 the City of Virginia Beach;
9
10 WHEREAS, throughout this fiscal year, the Virginia Beach Public Schools has
11 been awarded $20,907,617 between five new American Rescue Plan (ARP) grant
12 programs, the new Elementary and Secondary School Emergency Relief (ESSER) III
13 Recruitment Incentive, and the Early Reading Initiative State grant;
14
15 WHEREAS, on April 26, 2022, the School Board adopted a resolution approving
16 the appropriation of an additional $20,907,617 in the FY 2021-22 Schools Categorical
17 Grants Fund;
18
19 NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA, THAT:
21
22 The City Council hereby accepts and appropriates $20,907,617, with $19,439,403
23 in estimated Federal revenue and $1,468,214 in State revenue, to the Categorical Grants
24 Fund of the School Board of the City of Virginia Beach FY 2021-22 Operating Budget.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day
of May , 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:
Budget a anagement Services tt e s Office
CA15779
R-1
May 4, 2022
GA1J1A'BFgc
. �4` �Lr
it'c
U r . Ci-ty Of V1Y' 11Z1a Beach
cyo --
OF BUR NAZ`�N
VBgov.com
JOHN MOSS PHONE: (757) 363-7745
COUNCILMAN-AT-LARGE May 17, 2022 JDMOSS@VBGOVCOM
In Reply Refer to 0076481
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on an ordinance to appropriate$20,907,617 in federal and state funding to the
FY 2021-22 Schools Categorial Grants Fund.
2. My wife is employed by Virginia Beach City Public Schools (VBCPS), and I
therefore have a personal interest in VBCPS and this transaction.
3. I am abstaining from the City Council's consideration of this item.
I respectfully request that you record this declaration in the official records of City Council.
Thank you for your assistance.
Sin rel ,
I
ohn D. M
ouncilmember
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
47
ITEM— VLJ.11b
ORDINANCES/RESOLUTIONS
ITEM#72887
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
ADOPTED, BY CONSENT, Ordinance to APPROPRIATE:
b. $450,000 in Revenue to the FY2021-22 Department of the Virginia
Aquarium Operating Budget re additional expenditures related to
Virginia Aquarium Gift Shop
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
1 AN ORDINANCE TO APPROPRIATE $450,000 IN
2 REVENUE TO THE DEPARTMENT OF THE VIRGINIA
3 AQUARIUM TO COVER ADDITIONAL
4 EXPENDITURES RELATED TO INVENTORY FOR
5 THE VIRGINIA AQUARIUM GIFT SHOP
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 $450,000 is hereby appropriated to the FY 2021-22 Operating Budget of the
11 Department of the Virginia Aquarium, with department-specific revenue increased
12 accordingly, to ensure adequate inventory for the Virginia Aquarium Gift Shop.
Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day
of_ May , 2022.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Z 7
Budget and Management Services i y Attofney's Office
CA15778
R-1
May 2, 2022
48
ITEM— VI.K.l
PLANNING
ITEM#72888
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
DEFERRED TO AUGUST 8, 2022, BY CONSENT, Application of ATLANTIC DEVELOPMENT
ASSOCIATES, LLC & WPL VENTURES, LLC for a Variance to Section 4.4(b) of the Subdivision
Regulations re subdivide two (2) lots at 111 73'd Street DISTRICT 6(formerly District 5-Lynnhaven).
The regularly scheduled City Council Meeting is scheduled on Tuesday, August 9, 2022; therefore, this
item will be considered on August 9, 2022.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
49
ITEM— VI.K.2
PLANNING
ITEM#72889
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED,AS CONDITIONED,BY CONSENT,Application of SACRED DAGGERS,LLC/PERCY
LEE JONES JR.FAMILY TRUST for a Special Exception for Alternative Compliance re tattoo parlor at
1705 Mediterranean Avenue DISTRICT 6(formerly District 6-Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SACRED DAGGERS,LLC/PERCYLEE JONES JR.FAMILY
TRUST for a Special Exception for Alternative Compliance re
tattoo parlor at 1705 Mediterranean Avenue (GPIN
24270607480000)DISTRICT 6(formerly District 6-Beach)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter
23 of the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the establishment
or from the waiting and sales area within the establishment.
3. Any on-site signage for the establishment shall meet the requirements of the City Zoning
Ordinance, and there shall be no neon, electronic display or similar sign installed on the
exterior of the building or in any window, or on the doors.A separate sign permit shall be
obtained from the Planning Department for the installation of any new signs.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of May Two Thousand
Twenty Two.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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0 25 50 100 150 200 250 300
50
ITEM— VI.K.3
PLANNING
ITEM#72890
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED, AS PROFFERED, BY CONSENT, Application of RVB3, LLC for a Modification of
Proffers to a Conditional Change of Zoning for a drive-through only restaurant at 5453 Wesleyan Drive
DISTRICT 4 (formerly District 2-Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
RVB3, LLC for a Modification of Proffers to a Conditional
Change of Zoning for a drive-through only restaurant at 5453
Wesleyan Drive (GPIN 1468447741) DISTRICT 4 (formerly
District 2-Kempsville)
The following conditions shall be required.
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`''day of May Two Thousand
Twenty Two.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N.
D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse
and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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PROFFER AGREEMENT
THIS AGREEMENT, made as of the 17th day of May, 2022 by and between RVB3,
LLC, a Virginia limited liability company, owner of the Property (hereinafter referred to as
"Grantor"): and the CITY OF VIRGINIA BEACH, a municipal corporation of the
commonwealth of Virginia(hereinafter referred to as"Grantee").
WITNESSETH:
WHEREAS, the Grantor has requested a Modification of the Proffer Agreement between
Armada Hoffler Holding Company, John G. Williams and Mary Moore Williams and the City of
Virginia Beach dated August 31, 1998 (the"Proffer Agreement"), insofar as it relates to Parcel A-
2A as shown on the Subdivision Plat of Parcel "A-2" Subdivision Plat of Wesleyan Commons,
and more particularly described in the attached Exhibit A (the "Property"); and
WHEREAS, as part of the conditional amendment to the Zoning Map, the Proffer
Agreement provided for certain restrictions in the use of the Property; and
WHEREAS, Grantor desires that certain of said conditions having been proffered be
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 ordinance or resolution adopted by the
governing body of the Grantee, after 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 themselves,their 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 make the following
declaration of conditions and restrictions which shall restrict and govern the physical development,
operation and use of the property,and hereby covenant and agree that these 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, their heirs, personal representatives,
assigns, grantees and other successors in interest or title, namely:
1. The property shall be developed substantially in accordance with that certain site plan
entitled "Proposed Drive-Thru Exhibit" dated March 10, 2022, prepared by Hayden
Frye Associates, Inc., a copy of which has been exhibited to the City Council of the
City of Virginia Beach and is on file in the Planning Department of the City of Virginia
Beach(the"Site Plan").
Prepared by: Todd D. Rothlisberger
Poole Brooke Plumlee PC
4705 Columbus St.,Suite 100
Virginia Beach,Virginia 23462
GPIN: 14684477410000
2. Landscaping shall be installed on the Property substantially as shown on that certain
exhibit entitled "Landscape Plan" dated March 7, 2022, prepared by William D.
Almond, WPL, a copy of which has been exhibited to the City Council of the City of
Virginia Beach and is on file in the Planning Department of the City of Virginia Beach
(the "Landscape Plan").
3. The uses permitted on the Property shall be restricted to medical/office,office,financial
institutions, and freestanding restaurants with or without drive-through facilities, and
retail.
4. The principal structure located on the Property shall be constructed primarily of brick
with architectural masonry complements in a color that matches the color of the exterior
brick materials used in the construction of the primary structure on Parcel A.
5. The roofs and architectural design of the principal structure located on the Property
shall be constructed in conformity with the elevations prepared by Little Caesar
Enterprises, Inc. dated February 24, 2022, a copy of which has been exhibited to the
City Council of the City of Virginia Beach and is on file in the Planning Department
of the City of Virginia Beach (the "Elevations"). The visible exterior roof materials of
the principal structure on these three parcels shall be either shingles or the same
materials used in the principal structure on Parcel A and such roof materials shall be
color coordinated with the other roof materials used on the property. Any exterior
mechanical equipment located on the roof of the buildings on the property shall be
screened by the roof treatment or parapet walls from view from the public right of way
to or nearest to each parcel.
6. The primary structures located on the Property shall be located as close to the building
setback line on Wesleyan Drive taking into account the necessary design features to
serve these parcels. In addition, the area directly between the northernmost elevation
of the principal structure on such parcel and Wesleyan Drive shall be restricted such
that no parking spaces may be constructed or maintained within such area.
Further conditions may be required by the Grantor 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. Except as stated herein, all other
stipulations of the Proffer Agreement shall remain unaffected as to Grantor and the Property.
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 this date this
Agreement is approved by the Grantee.
The Grantor covenant and agree 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 delay the issuance of any 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 show by appropriate symbol on the map existence
of condition attaching to the zoning of the subject Property 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 Planning Department 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.
SIGNATURES BEGIN ON THE FOLLOWING PAGE
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
WITNESS THE FOLLOWING SIGNATURE AND SEAL.
RVB3, LLC, a Virginia limited
liability company
By: g....v4444, .(SEAL)
Ronald V. Berscak, Jr. anager
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this '5day of March, 2022
by Ronald V. Berscak, Jr. as Manager of RVB3, LL irginia limited ' bi y company.
otary Pub is
My commission expires: aL‘I L(4
MARILYN A SAVAGE
NOTARY PUBLIC
4 DARE COUNTY
STATE OF NORTH CAROLINA
Legal Description
ALL THAT certain lot, piece or parcel of land, lying, being and situate in the City of
Virginia Beach, Virginia, with the improvements thereon and appurtenances thereunto belonging,
known and numbered as "Parcel A-2A" as shown on that certain plat entitled "SUBDIVISION
PLAT OF PARCEL A-2,SUBDIVISION PLAT OF WESLEYAN COMMONS, VIRGINIA
BEACH, VIRGINIA (M.B. 280, PG. 75-77)", prepared by Precision Measurements, Inc. and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as
Instrument No. 2007051000063 8170.
TOGETHER WITH rights as contained in the Easement and Development Agreement
dated November 20, 1989, and recorded in the aforesaid Clerk's Office in Deed Book 2872, at
page 1982.
TOGETHER WITH AND SUBJECT TO the burdens and benefits as created by that certain
Declaration of Easements and Restrictions dated September 21, 1999, recorded in the aforesaid
Clerk's Office in Deed Book 4152, page 1918, as amended by that certain Amended and Restated
Declaration of Easements and Restrictions dated November 9, 2000 and recorded in the aforesaid
Clerk's Office in Deed Book 4332, at page 407.
It being a part of the same property conveyed to RVB3, LLC, a Virginia limited liability
company by deed from SRI Real Estate Properties LLC, a Delaware limited liability company,
dated December 20, 2021 and duly recorded January 5, 2022 in the aforesaid Clerk's Office as
Instrument Number 202203000721.
51
ITEM— VLK.4
PLANNING
ITEM#72891
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of BAKING IT CAKING IT, LLC/
BRIANA SMALL for a Conditional Use Permit re home occupation-commercial kitchen/bakery at 4500
Hollingsworth Lane DISTRICT 2 (formerly District 1-Centerville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
BAKING IT CAKING IT, LLC / BRIANA SMALL for a
Conditional Use Permit re home occupation - commercial
kitchen/bakery at 4500 Hollingsworth Lane (GPIN
1474263651)DISTRICT 2(formerly District 1- Centerville)
The following conditions shall be required:
1. In accordance with Section 234(c) of the City Zoning Ordinance(CZO), there shall be no
more than one(1)sign identifying the Home Occupation. Said sign shall be no more than
one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat
against the wall of the residence.
2. In accordance with Section 234(d) of the City Zoning Ordinance(CZO), the use shall not
create noise, dust, vibration, smell, glare, electrical interference,fire hazard, or any other
hazard or nuisance to any greater or more frequent extent than would normally be expected
in the neighborhood under normal circumstances wherein no home occupation exists.
3. There shall be no retail sales of any products or merchandise to the general public from
the site.
4. The commercial kitchen equipment shall be removed if the home occupation ceases.
5. The garage shall not be converted into a dwelling unit unless permitted by the Zoning
Ordinance.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 171h day of May Two Thousand
Twenty Two.
May 17, 2022
52
ITEM— VLK.4
PLANNING
ITEM#72891
(Continued)
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O.Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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Property Polygons 4500 Hollingsworth Lane s
Zoning
Building m Nimm mle _Feet
0 1530 60 90 120 150 180
53
ITEM— VI.K.5
PLANNING ITEM#72892
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of ENTERPRISE LEASING CO. OF
NORFOLK- RICHMOND, LLC/E T ENTERPRISES, LLC for a Conditional Use Permit re motor
vehicle rentals at 1112 Lynnhaven Parkway DISTRICT 3 (formerly District 3-Rose Hall)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ENTERPRISE LEASING CO. OF NORFOLK-RICHMOND,
LLC/E T ENTERPRISES, LLC for a Conditional Use Permit
re motor vehicle rentals at 1112 Lynnhaven Parkway (GPIN
1496001133)DISTRICT 3 (formerly District 3-Rose Hall)
The following conditions shall be required:
1. When the property is redeveloped, it shall be in substantial conformance with the concept
plan entitled "LAYOUT AND LANDSCAPE PLAN", dated March 29, 2022, and prepared
by TIMMONS GROUP., which has been exhibited to the Virginia Beach City Council and
is on file in the Department of Planning& Community Development.
2. The exterior of the building shall substantially adhere in appearance, size, color, and
materials to the submitted elevations entitled "RENOVATIONS FOR ENTERPRISE",
dated March 1, 2022, and prepared by COVINGTON HENDRIX ANDERSON
ARCHITECTS., which has been exhibited to the Virginia Beach City Council and is on file
in the Department of Planning& Community Development.
3. A Landscape Plan shall be submitted to the Development Services Center of the
Department of Planning and Community Development for review and ultimate approval
prior to the issuance of a Certificate of Occupancy. The Landscaping Plan shall address
all requirements of the Landscaping Guide including, but not limited to, the installation of
street frontage plantings, building foundation plantings, and interior display plantings.All
landscaping shall be maintained on-site in accordance with the approved Landscape Plan.
4. The northernmost access point along Lynnhaven Parkway shall be widened to meet the
Public Works Standards of a minimum width of thirty(30)feet.
5. The total number of vehicles displayed for rent shall be limited to twenty-five(25)vehicles.
6. No more than twelve (12) trucks for the purpose of renting shall be allowed on the site at
any one time. Rental trucks shall be located only in the area on the site that has been
designated on the exhibit entitled, "Layout and Landscape Plan," as depicted on page
seven (7) of this report.
7. Prior to operation of the Motor Vehicles Rentals establishment, the areas of the parking
lot identified on the plan referenced in Condition 1 above shall be repaved and the entire
parking lot shall be restriped to reflect all parking spaces required by the Zoning
Ordinance, including handicap spaces in accordance with the Americans with Disabilities
Act(ADA).
May 17, 2022
54
ITEM— VLK.5
PLANNING
ITEM#72892
(Continued)
8. The freestanding sign on the property shall be a monument style sign not to exceed eight
(8)feet in height.
9. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.
A separate permit from the Department of Planning & Community Development is
required for any new signage installed on the site.
10. There shall be no signs which contain or consist of pennants, ribbons, streamers,spinners,
strings of light bulbs, or other similar moving devices on the site or on the vehicles. There
shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees,
or fences, or in an unauthorized manner to walls or other signs. There shall be no portable
or nonstructural signs, or electronic display signs on the site.
11. Vehicles shall be parked in the designated parking spaces and no vehicles shall be parked
within any portion of the public right-of-way.
12. No maintenance, auto repair, or service of motor vehicles shall be permitted on site, other
than handwashing and vacuuming.
13. There shall be no storage of tires, merchandise, or debris of any kind outside of the
building.
14. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site.
15. There shall be no outside audio speakers for any purpose.
16. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting
and glare shall be deflected, shaded, and focused away from all adjoining properties.
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 17t day of May Two Thousand
Twenty Two.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O.Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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55
ITEM— VLK.6
PLANNING
ITEM#72893
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED,AS CONDITIONED,BY CONSENT,Application of CAR SPA,INC/GENERAL BOOTH
VENTURE GROUP, LLC for a Conditional Use Permit re car wash facility at the northeast corner of
General Booth Boulevard&Prosperity Road DISTRICT 5(formerly District 6-Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CAR SPA,INC/GENERAL BOOTH VENTURE GROUP,LLC
for a Conditional Use Permit re car wash facility at the northeast
corner of General Booth Boulevard& Prosperity Road(Portion
of GPIN 2415685697)DISTRICT 5(formerly District 6-Beach)
The following conditions shall be required:
1. When the property is developed, it shall be in substantial conformance with the submitted
exhibit entitled, "Full Service Car Wash Prepared for Car Spa—Site Landscape Exhibit,"
prepared by Kimley Horn, dated December 31, 2021, which has been exhibited to the
Virginia Beach City Council and is on file in the Department of Planning& Community
Development.
2. The exterior of the proposed building,post wash canopy, vac building, vacuum stations,
and dumpster enclosure shall substantially adhere in appearance,size and materials to the
elevations entitled, "Car Spa,"prepared by NCA Partners Architecture, which have been
exhibited to the Virginia Beach City Council and are on file in the Virginia Beach
Department of Planning& Community Development.
3. When the property is developed, the freestanding sign shall be in substantial conformance
with the submitted exhibit entitled, "Car Spa,"prepared by S State Sign, Revised March
17, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the
Department of Planning& Community Development.
4. At the time of site plan review, a Landscape Plan that reflect the plantings depicted on the
submitted Plan, noted in Condition 1, along with all applicable requirements of the Zoning
Ordinance, shall be submitted to the Development Services Center for review and shall
obtain an approval prior to the issuance of a building permit.
5. As depicted on the Plan, noted in Condition 1, the row of evergreen trees along the vacuum
stations shall be installed at a minimum of four(4)feet in height and be allowed to grow
and be maintained at a height of no less than six(6)feet.
May 17, 2022
56
ITEM— VLK.6
PLANNING
ITEM#72893
(Continued)
6. All light fixtures on the site shall be no taller than 14 feet in height and shall be shielded
to be contained on site.
7. The hours of operation of the automated car wash and vacuums shall be limited to between
the hours of 8:00 a.m. to 7:00 p.m. daily.
8. Any onsite signage shall meet the requirements of the City Zoning Ordinance(CZO), unless
otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than
individual channel letters lighted with internal neon and as approved by the Zoning
Administrator, or electronic display signs or accents, installed on any wall area of the
exterior of the building, in or on the windows, or on the doors. There shall be no window
signage permitted. The building signage shall not be a "box sign"and the proposed sign
package shall be submitted to the Zoning Administrator.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17th day of May Two Thousand
Twenty Two.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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Property Polygons Portion of parcel on the northeast S
Zoning corner of General Booth Boulevard and Prosperity Road
Building p y
m i . Feet
0 25 50 100 150 200 250 300
57
ITEM— VLK.7
PLANNING
ITEM#72894
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of NORA NIMLEY for a Conditional
Use Permit re family day-care home at 1712 Moon Valley Drive DISTRICT 5 (formerly District 3-Rose
Hall)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
NORA NIMLEY for a Conditional Use Permit re family day-care
home at 1712 Moon Valley Drive(GPIN 1495948013)DISTRICT
5 (formerly District 3-Rose Hall)
The following conditions shall be required:
1. The Family Day-Care Home shall only operate as an accessory use to the single-family
residence.
2. The Family Day-Care Home shall be limited to a total of twelve(12) children, other than
children living in the home.
3. The Family Day-Care Home shall have no more than one (1) additional
employee/volunteer, who does not reside in the home, or on the premises at any time.
4. Any sign identifying the home occupation shall be non-illuminated, not more than (1)
square foot in area and mounted flat against the residence.
5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare.
Failure to maintain a Family Day-Care Home license will result in revocation of the
Family Day-Care Home Conditional Use Permit.
6. When the Family Day-Care Home is not open for business, all play equipment associated
with the daycare shall be located behind the front façade of the house.
7. The fence enclosing the outdoor play area shall remain and be maintained for the duration
of the Conditional Use Permit while active.
8. The applicant shall obtain all necessary permits and inspections from the City of Virginia
Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the
Building Off cial's Office for use of the house as a Family Day-Care Home.
May 17, 2022
58
ITEM— VLK.7
PLANNING
ITEM#72894
(Continued)
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17th day of May Two Thousand
Twenty Two.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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Property Polygons 1712 Moon Valley Drive S
Zoning
Building - Feet
0 1530 60 90 120 150 180
59
ITEM— VI.K.8
PLANNING
ITEM#72895
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of WATERMAN SPIRITS, LLC /
FESTIVAL, LLC for a Conditional Use Permit re craft distillery at 712 Atlantic Avenue DISTRICT 5
(formerly District 6-Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WATERMAN SPIRITS, LLC / FESTIVAL, LLC for a
Conditional Use Permit re craft distillery at 712 Atlantic Avenue
(GPIN 24272359400000) DISTRICT 5 (formerly District 6-
Beach)
The following conditions shall be required:
1. An occupancy load for the Craft Distillery shall be established by the City of Virginia
Beach Building Official's Office.
2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Distillery.
3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage
Control Board shall be incorporated as conditions with this Conditional Use Permit.
4. All signage associated with the Craft Distillery shall meet the requirements of the City
Zoning Ordinance (CZO). There shall be no neon or electronic display signs, or accents
installed on any wall area of the exterior of the building, in, or on the windows, or on the
doors. A separate sign permit from the Planning Department shall be required for the
installation of any signage.
5. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of
sewage.
6. There shall be no sale or consumption of alcoholic beverages on the premises between
10:00 p.m. and 11:00 a.m.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17t day of May Two Thousand
Twenty Two.
May 17, 2022
60
ITEM— VLK.8
PLANNING
ITEM#72895
(Continued)
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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Property Polygons 712 Atlantic Avenue s
Zoning
Building Feet
0 25 50 100 150 200 250 300
61
ITEM— VLK.9
PLANNING
ITEM#72896
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED, AS CONDITIONED, BY CONSENT, Application of CHRISTOPHER & CATHLEEN
SPRAUER for a Conditional Use Permit re short term rental at 2200 & 2202 Mediterranean Ave
DISTRICT 6(formerly District 6-Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
CHRISTOPHER& CATHLEENSPRAUER for a Conditional
Use Permit re short term rental at 2200& 2202 Mediterranean
Ave (GPIN 24179845200000)DISTRICT 6(formerly District 6-
Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling units addressed as 2200
Mediterranean Avenue and 2202 Mediterranean Avenue, 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. For properties located within the boundaries of the Residential Parking Permit Program
(RPPP), while the Short Term Rental use is active,parking passes issued for the subject
dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest
and temporary passes through the RPPP shall not be permitted.
5. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire, or other similar codes.
6. 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.
May 17, 2022
62
ITEM— VLK.9
PLANNING
ITEM#72896
(Continued)
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Accessory structures shall not be used or occupied as Short Term Rentals.
13. 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.
May 17, 2022
63
ITEM— VLK.9
PLANNING
ITEM#72896
(Continued)
14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7)
consecutive days.
15. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
17. The maximum number of persons on the property after 11:00 p.m. and before 7.•00 a.m.
("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not
include minors under the age of sixteen(16),provided that in no case may the total number
of persons staying overnight at the property exceed the number of approved bedrooms
multiplied by three(3).
18. 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.
19. 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.
May 17, 2022
64
ITEM— VLK.9
PLANNING
ITEM#72896
(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 17`h day of May Two Thousand
Twenty Two.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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Property Polygons 2200 & 2202 Mediterranean Avenue S
Zoning
Building Feet
0 2550 100 150 200 250 300
65
ITEM— VI.K.10
PLANNING
ITEM#72897
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED,AS CONDITIONED, BY CONSENT, Application of COASTAL ACCOMMODATIONS,
LLC/22 EAST NEPTUNE, LLC for a Conditional Use Permit re short term rental at 410 22"d Street,
Unit B DISTRICT 6(formerly District 6-Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
COASTAL ACCOMMODATIONS,LLC/22 EAST NEPTUNE,
LLC for a Conditional Use Permit re short term rental at 410 22"d
Street, Unit B (GPIN 24270835830008) DISTRICT 6 (formerly
District 6-Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 410 22"1 Street,
Unit B, and the Short Term Rental use shall only occur in the principal structure.
2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning
and Community Development(Zoning Administration)before using the dwelling for Short-
Term Rental purposes.
3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of
the City Zoning Ordinance(CZO) or as approved by City Council.
4. The garage space within the unit must remain a minimum of nine(9)feet by eighteen (18)
feet, contain a minimum eight (8)foot wide vehicle entryway opening, and shall remain
free of materials to ensure vehicular accessibility to the Short Term Rental tenants.
5. A second (2nd) parking space, at a location subject to approval by the Zoning
Administrator, shall be available for use by the Short Term Rental occupants at all times.
6. For properties located within the boundaries of the Residential Parking Permit Program
(RPPP), while the Short Term Rental use is active,parking passes issued for the subject
dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest
and temporary passes through the RPPP shall not be permitted.
7. This Conditional Use Permit shall expire five (5) years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notes the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire, or other similar codes.
May 17, 2022
66
ITEM— VLK.10
PLANNING
ITEM#72897
(Continued)
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Accessory structures shall not be used or occupied as Short Term Rentals.
15. No signage shall be on-site, except that each short term rental shall have one(1)four(4)-
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.
May 17, 2022
67
ITEM— VI.K.10
PLANNING
ITEM#72897
(Continued)
16. The Short Term Rental shall have no more than one(1)rental contract for every seven (7)
consecutive days.
17. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least $1-Million underwritten by insurers
acceptable to the City.
18. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
19. 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).
20. 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 (1)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 (1)
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 (12)
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.
May 17, 2022
68
ITEM— VLK.10
PLANNING
ITEM#72897
(Continued)
21. 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.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of May Two Thousand
Twenty Two.
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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Property Polygons 410 22nd Street, Unit B S
Zoning
Building Feet
0 1020 40 60 80 100 120
69
ITEM— VLK.11
PLANNING
ITEM#72898
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
APPROVED, AS CONDITIONED, BY CONSENT, 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)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
GEORGI STOYANOV for a Conditional Use Permit re short
term rental at 4005 Atlantic Avenue, Unit 115 (GPIN
24280514483910)DISTRICT 6(formerly District 6-Beach)
The following conditions shall be required:
1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic
Avenue Unit 115, and the Short Term Rental use shall only occur in the principal structure.
2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning
and Community Development(Zoning Administration)before using the dwelling for Short
Term Rental purposes.
3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of
the City Zoning Ordinance(CZO) or as approved by City Council.
4. This Conditional Use Permit shall expire five (5)years from the date of approval. The
renewal process of this Conditional Use Permit may be administrative and performed by
the Planning Department;however, the Planning Department shall notify the City Council
in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental
where the Short Term Rental has been the subject of neighborhood complaints, violations
of its conditions or violations of any building, housing,zoning,fire, or other similar codes.
5. No events associated with the Short Term Rental shall be permitted with more than the
allowed number of people who may stay overnight(number of bedrooms times two (2))on
the property where the Short Term Rental is located. This Short Term Rental may not
request or obtain a Special Event Permit under City Code Section 4-1.
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.
May 17, 2022
70
ITEM— VLK.11
PLANNING
ITEM#72898
(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.
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 during any
consecutive seven (7) day period.
14. The owner or operator shall provide proof of liability insurance applicable to the rental
activity at registration and renewal of at least one million dollars ($1-Million)
underwritten by insurers acceptable to the City.
15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.
May 17, 2022
71
ITEM— VLK.11
PLANNING
ITEM#72898
(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 sixteen(16),provided that in no case may the total number
of persons staying overnight at the property exceed the number of approved bedrooms
multiplied by three(3).
17. The property owner, or their representative,shall provide to the City Planning Department
permission to inspect the Short Term Rental property annually. Such inspection shall
include: 1) At least one (1)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 (1)
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 (12)
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.
This Ordinance shall be effective in accordance with Section 107()of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of May Two Thousand
Twenty Two.
May 17, 2022
72
ITEM— VLK.11
PLANNING
ITEM#72898
(Continued)
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
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Property Polygons 4005 Atlantic Avenue, Unit 115 s
Zoning
Building Feet
01530 60 90 120 150 180
73
ITEM— VI.K.12
PLANNING
ITEM#72899
Upon motion by Council Member Henley, seconded by Council Member Wooten, City Council
DEFERRED TO JUL Y 12,2022,BY CONSENT, Ordinance to AMEND Section 111 of the CZO to ADD
terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the CZO to ADD
requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the 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) (Deferred from April 5, 2022)
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
N
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75
ITEM— VLL
APPOINTMENTS
ITEM#72901
Upon NOMINATION by Council Member Jones, City Council REAPPOINTED:
SUSAN GRUBE
WINSHIP TOWER
Four year term 7/1/2022—6/30/2026
ARTS AND HUMANITIES COMMISSION
Voting: 8-0
Council Members Voting Aye.
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent.•
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
76
ITEM— VI.L
APPOINTMENTS
ITEM#72902
Upon NOMINATION by Council Member Jones, City Council REAPPOINTED:
MARK HORTON
Three year term 7/1/2022—6/30/2025
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
77
ITEM— VLL
APPOINTMENTS
ITEM#72903
Upon NOMINATION by Council Member Jones, City Council REAPPOINTED:
PHILLIP HUCLES
Three year term 7/1/2022—6/30/2025
EASTERN VIRGINIA MEDICAL SCHOOL
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
78
ITEM— VLL
APPOINTMENTS
ITEM#72904
Upon NOMINATION by Council Member Jones, City Council APPOINTED:
TARA JONES
Two year term 6/1/2022—5/31/2024
MINORITY BUSINESS CONCIL
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
79
ITEM— VLL
APPOINTMENTS
ITEM#72905
Upon NOMINATION by Council Member Jones, City Council REAPPOINTED:
JALANA McCASLAND
Four year term 7/1/2022—6/30/2026
SOCIAL SERVICES ADVISORY BOARD
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
80
ITEM— VLL
APPOINTMENTS
ITEM#72906
Upon NOMINATION by Council Member Jones, City Council REAPPOINTED:
BARRYBROWN
Four year term 7/1/2022—6/30/2026
TIDEWATER COMMUNITY COLLEGE
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K. Tower and Vice Mayor Rosemary Wilson
May 17, 2022
81
ITEM— VLL
APPOINTMENTS
ITEM#72907
Upon NOMINATION by Council Member Jones, City Council REAPPOINTED:
OL YMPHIA PERKINS
Four year term 7/1/2022—6/30/2026
TIDEWATER YOUTH SERVICES COMMISSION
Voting: 8-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R.
Rouse and Sabrina D. Wooten
Council Members Absent:
Linwood O. Branch, Guy K Tower and Vice Mayor Rosemary Wilson
May 17, 2022
82
UNFINISHED BUSINESS
ITEM#72908
Council Member Moss requested between now and July 1 Sl, he would like to have a discussion with the
Body regarding the funds appropriated for City Council assistants and the concept of operations.
May 17, 2022
83
UNFINISHED BUSINESS
ITEM#72909
(Continued)
Council Member Wooten advised this is the last City Council Meeting her intern, Chris Flowers, will
attend since his recent graduation from Regent University and will be heading to Richmond to intern in
the 2022 Governor's Fellowship Program. Council Member Wooten expressed her appreciation to Mr.
Flowers for all of his hard work including his research on the Citizen's Review Board.
May 17, 2022
84
ADJOURNMENT
ITEM#72910
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:53 P.M.
Terri H. Cheliu
Chief Deputy City Clerk
ands am , MC Robert M. Dyer
City Clerk Mayor
May 17, 2022