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HomeMy WebLinkAboutJUNE 7, 2022 FORMAL SESSION MINUTES �9fse4d�BSp eJ `oE�oUR-h A oV't stfrAtv'st.448-t Algr -'rVti/V VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 7, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, Building 3, on Tuesday, June 7, 2022, at 3:00 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, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Linwood O. Branch-Arrived at 3:15 P.M Aaron R. Rouse-Arrived at 3:15 P.M 2 CITY COUNCIL'S BRIEFING PLASTIC BAG FEE ITEM#72919 3:01 P.M. Mayor Dyer welcomed Jim Deppe and Karen Forget-Lynnhaven River Now. Mr. Deppe expressed his appreciation to City Council for their continued support: • li CityofVirgniaBeah Red uci ng S n j e Use Plastic Bags • Here is an example of a turtle that has ingested a plastic bag: 4 Y; Y - ,Ls',. YY te 1r' , '',i'- 401114,,H I. uY • y pi ss ; . A- M l `i,, -_ ,.. . 0 ikgi POP,- - , June 7, 2022 3 CITY COUNCIL'S BRIEFING PLASTIC BAG FEE ITEM#72919 (Continued) In 2020, the Virginia General Assembly passed legislation for localities to adopt ordinances to implement the "Virginia Disposable Plastic Bag Tax": Virgnia General Assembly 2020 //PAL, Authorizes any county or city to adopt by ordinance the Vir -nia Disposable Plastic Bag Tax of five cents on snge-use plastic bags provided to customers in gocery stores convenience stores, and drugstores in the Ioc�lity.' Since January 2022,five(5)localities have adopted an ordinance for the plastic bag fee: Progress in Virginia Ordinance approved and effective.inuay 1st, 2022: • City of Roanoke • Fairfax County • Alexandria • Arlington • Fredericksburg • Other approvals and effective dates: • City of(falls Church—effective April 2022 • Loudon County—effective,Lly 2022 • Albemarle County—approved May 2022,effective,fin 2023 • Prince William County—reviewing FY 2023 Budget Process June 7, 2022 4 CITY COUNCIL'S BRIEFING PLASTIC BAG FEE ITEM#72919 (Continued) Here are the types of Businesses Impacted and Not Impacted: Bu§nesses Impacted Impacted - Grocery stores - Drugstores - Convenience Stores : - Lager Retailers containing any/all above Not Impacted - Restaurants - Food banks - Farmers Markets - Mobile Food units - And Others Here is, "What happens to five cent fee?": I W hat happens to five cent fx'17 • One cent retaned by business • Collected along with Sales Tax by Vi4flia Department Taxation and four cents :--- remitted back to City of Virgnia Beat t wit • Must be used for environment ,t purposes: • Reusable bags to SNAP&WIC recipients _ _ • Environmental Cleanups •� •` ` • Ecdualional Programs aimed at --:j �Z• reducing plastic litter June 7, 2022 5 CITY COUNCIL'S BRIEFING PLASTIC BAG FEE ITEM#72919 (Continued) Here are the Local Supporters: Local S pporters Virgnia Beach Green Ribbon Committee LYNNHAVEN Rive r NOW Virgnia Beach Clean Community Commission Virgnia Bich Parks and Recreetion Foundation Virgnia Aquarium Foundation GpA5N VIRGINIA ! �' �� 1 CONSERVATION ' E c c. Maniac f. m f . NETWORK par Company > i II CHESAPEAKE BAY FOUNDATION SURFRIDER �`�'' �:r F.,:s.,,i\El ;aT�oN � 5y��1J1 MIRMNIA IYI VIRGINIA LEAGUE OF �i CONSERVATION VOTERS Any Questions? Mayor Dyer expressed his appreciation to Mr. Deppe and Ms. Forget for the presentation. June 7, 2022 6 CITY COUNCIL LIAISON REPORTS ITEM#72920 3:14 P.M. Mayor Dyer advised he recently spoke with the Mayor of Odessa, Ukraine regarding the potential to create a Sister City with them once the Country is stable and no longer under siege. Mayor Dyer advised he did not make any commitments however, he believes Odessa would be an ideal Sister City as it has a port, strong naval presence and robust tourism at their beaches. June 7, 2022 7 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72921 3:16 P.M. Council Member Moss requested a Resolution to be presented at the June 14th City Council Meeting in recognition of Flag Day. Council Member Moss also complimented the Mayor for his remarks during the Memorial Day and May 31 S`Remembrance Ceremonies held last weekend, adding both ceremonies were very nice, and he was pleased to see so many in attendance. June 7, 2022 8 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72922 (Continued) Council Member Henley advised the roadway along Indian River Road from the Fentress Bridge east to the mounted patrol is an extremely dangerous stretch of road due to how narrow the road is and the adjoining marsh. Council Member Henley advised if a driver needs to yield to oncoming traffic, there is not enough room to pull over, causing many vehicles to go off the roadway in the past. Council Member Henley advised as she was driving to today's City Council Meeting, she observed another vehicle off the roadway and requested additional markers or barriers be put in place to protect drivers from possibly running off of the road. June 7, 2022 9 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72923 (Continued) Council Member Henley distributed the drafted, "An Ordinance to Provide Direction to the City Manager Regarding Individual Assistants for City Councilmembers", attached hereto and made a part of the record. Council Member Henley advised when she saw this line item in the proposed budget, she believed it was for an organizational adjustment meant to hire additional City staff in the City Manager's Office to support constituent concerns. Council Member Henley advised she had no idea that it was meant to hire assistants for each Council Member as there was no discussion during the budget. Council Member Henley advised she would like to have the Ordinance on an upcoming Agenda to allow the public to comment and allow the Body to define the specific duties the assistants would have as well as their salaries before anyone is hired. June 7, 2022 1 REQUESTED BY COUNCILMEMBERS HENLEY AND MOSS 2 3 AN ORDINANCE TO PROVIDE DIRECTION TO 4 THE CITY MANAGER REGARDING INDIVIDUAL 5 ASSISTANTS FOR CITY COUNCILMEMBERS 6 7 WHEREAS, Section 21(b) of the FY 2022-23 Annual Appropriation Ordinance 8 authorized the City Manager to implement an organization adjustment to "secure 9 administrative and clerical support and executive assistance" for members of the City 10 Council; 11 12 WHEREAS, the proposal for individual assistants for members of the City Council 13 was included in the Reconciliation Letter, and such proposal would redirect long term 14 vacancies and their associated salary and fringe benefit costs to implement the 15 organizational adjustment; and 16 17 WHEREAS, the sponsors of this Ordinance desire to consider the provision of 18 individual assistants for members of the City Council separate from the budget process; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 Notwithstanding Section 21(b)of the FY 2022-23 Annual Appropriation Ordinance, 24 the City Manager is hereby directed not to hire, contract for, or otherwise retain the 25 services of administrative, executive, or support staff for individual members of the City 26 Council. Adopted by the City` ouncil o Fthe City of Virginia Beach, Virginia, on this day of , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA R-1 June 2, 2022 10 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72924 (Continued) Council Member Branch advised on May 27`h, a portion of his hotel caught on fire and commended the City Manager, Fire Department and EMS personnel for their response and assistance in limiting the amount of fire damage. Council Member Branch advised the Body discusses public safety often;however,sometimes it is personal and last Friday, it was very personal to him and his family and again expressed his gratitude that no one was hurt. June 7, 2022 11 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72925 (Continued) Council Member Branch advised the USO and Wounded Warriors held a great event this past weekend at the South end of the Oceanfront, adding the USO was the reason the Patriotic Festival was established and while the City lost the Patriotic Festival, the best part of it was kept in the City. Council Member Branch advised the USO has plans to improve and grow the event for next year. June 7, 2022 12 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72926 (Continued) Council Member Branch requested the Body direct the City Manager provide his plans for Rudee Loop, including public comment,prior to the Request For Information (RFI)submission deadline. Vice Mayor Wilson thanked Council Member Branch for the suggestion and advised it is a great idea as the future of Rudee Loop is a big issue and having public engagement and input is very important. Council Member Rouse requested to have similar public engagement planned for the RFI for parking in the Resort Area. June 7, 2022 13 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72927 (Continued) Council Member Moss advised effective July 1st, there will no longer be a state sales tax on food. Council Member Moss advised since the State Department of Taxation does not segregate the sales of food from other items sold at stores, such as Walmart and Target, they cannot determine the fiscal impact of the food sales tax. Council Member Moss advised he is interested in understanding the fiscal impact at the state level as he would like to phase out the local food tax as well. June 7, 2022 14 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72928 (Continued) Council Member Rouse complimented Mayor Dyer on his remarks during Pastor Daniels's retirement from Enoch Baptist Church ceremony last week. Council Member Rouse advised as he drove to the ceremony on Herbert Moore Road, he thought of the speaker who recently requested the road to be widened and wanted to remind the Body as he also experienced how narrow the road is in his full-size vehicle and the need for the widening project. Council Member Rouse emphasized the need by adding, the road is too narrow for emergency vehicles to travel. Mayor Dyers expressed his appreciation to Council Member Rouse for his participation in Pastor Daniels's retirement ceremony and recognized Pastor Daniels as an icon for the Police Department's 3rd Precinct and for making positive strides in the faith-based community. Council Member Berlucchi advised he has also driven down Herbert Moore Road and believes widening the road should be on the Body's radar as it is a safety issue and important to support the City's faith- based communities. June 7, 2022 15 AGENDA REVIEW SESSION ITEM#72929 3:31 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT a Nonexclusive Master Lease for Telecommunication Services to Southside Network Authority (SNA) re use of the City's public streets and rights-of-way to install, operate, and maintain network facilities 2. Ordinance to AMEND City Code Chapter 23, Article II re noise(Requested by Council Members Tower and Moss) 3. Resolution to NAME an inlet near Sandbridge (Requested by Council Member Henley) 4. Ordinance to AWARD a $5,000 Community Services Micro-Grant to Men of Faith for Youth Development Camps and Academies re support various youth development camps and academies from June 2022, through December 2022 (Requested by Council Member Branch) 5. Resolution to ADOPT the updated 2022 Hampton Roads Hazard Mitigation Plan 6. Ordinance to DONATE excess Sage less-lethal deployment devices to two(2)North Carolina and one (1)Alabama Political Subdivisions 7. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. American Lifeline Medical Transport,Inc. b. American Medical Response Mid Atlantic,Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. ISC Medical Transport, LLC f Lifecare Medical Transports,Inc. g. Midwest Medical Transport, LLC h. Nightingale Regional Air Ambulance i. Reliance Medical Transport j. Robbie's Ambulance Service, Inc. k. Special Event Providers of Emergency Medicine, Inc. 1. Tidewater Medical Transport,Inc. 8. Ordinances to AUTHORIZE Temporary Encroachments into a portion of City-owned Property: a. known as Harbor Canal, located at the rear of 2329 Leeward Shore Drive re maintain an existing wood dock,ten (10)wood piles,wood and steel boat lift, wood ramp, wood floating dock, vinyl bulkhead, and river rock DISTRICT 8(formerly District 6-Beach) b. known as Harbor Canal, located at the rear of 2317 Leeward Shore Drive re maintain existing vinyl bulkhead,boat lift, wood dock and lamp post,and to construct and maintain a fixed wood dock,two(2)floating wood docks,vinyl bulkhead, and aluminum ramp DISTRICT 8(formerly District 6-Beach) June 7, 2022 16 AGENDA REVIEW SESSION ITEM#72929 (Continued) c. known as Lake Wesley, located at the rear of 569 Virginia Dare Drive re construct and maintain five (5) wood guide pilings,a floating dock, a kayak launch, and to replace and maintain an existing wood ramp and four (4) wood pilings, and relocate an existing floating wood dock DISTRICT 5 (formerly District 6-Beach) 9. Resolution to RENAME the Bikeways and Trails Advisory Committee to the Active Transportation Advisory Committee and to REVISE the Committee's Composition and Mission 10. Ordinance to APPROPRIATE $1.8-Million of Fund Balance from the General Fund and AUTHORIZE repayment to the Commonwealth of Virginia re a pass-through grant from the Commonwealth's Development Opportunity Fund(COF) 11. Ordinances to ACCEPT and APPROPRIATE: a. $125,000 from the Virginia Aquarium Foundation to the Capital Project #100463, "Virginia Renewal and Replacement III," re refurbishment of the Seal Tank Exhibit b. $3,000 from the VB Home Now, Inc. to the FY 2021-22 Cultural Affairs Department Operating Budget re assist with expansion of the Brushworks Program L. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#4 WILL BE CONSIDERED SEPARATELY June 7, 2022 17 AGENDA REVIEW SESSION ITEM#72929 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: M. PLANNING 1. REED ENTERPRISES, INC & LIBERTY TRANSMISSION & AUTO CARE, INC/REED ENTERPRISES,INC for a Modification of Proffers to a Conditional Rezoning& Conditional Use Permit re Auto Repair Garage at 3041 Holland Road DISTRICT 2 (formerly District 7-Princess Anne) 2. BT HOLDINGS HI, LLC & PDC TN/FL LPIV, LLC/ BT HOLDINGS HI, LLC for a Modification of Proffers to a Conditional Rezoning&Rezoning from AG-1 Agricultural District& Conditional I-1 Light Industrial District to I-1 Light Industrial District re an industrial building at Dam Neck Road&Harpers Road DISTRICT 5 (formerly District 7-Princess Anne) 3. ASHDON BUILDERS 1, LLC/DAVID & TAMMY LEE Conditional Change of Zoning from AG-1 & AG-2 Agricultural to Conditional R-7.5 Residential re seven-lot subdivision of single- family homes at 2487 North Landing Road DISTRICT 2 (formerly District 7-Princess Anne) 4. MAEGAN CAHOONfor a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 108 DISTRICT 6(formerly District 6-Beach) M.PLANNING: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARATELY June 7, 2022 18 ITEM#72930 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 4—Town Center 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 • Hampton Roads Economic Development Alliance • South Boulevard—Cost Participation Agreement PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees • Appointee Evaluations June 7, 2022 19 ITEM#72930 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Jones, City Council voted to proceed into CLOSED SESSION at 3:40 P.M. Voting.• 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 3:40 P.M. — 3:45 P.M. Closed Session 3:45 P.M. — 4:46 P.M. Break 4:46 P.M. — 5:00 P.M. Closed Session 5:00 P.M. — 5:52 P.M. Break 5:52 P.M. — 5:59 P.M. June 7, 2022 20 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 7,2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, Building 3, on Tuesday,June 7, 2022, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Council Member Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identing 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. June 7, 2022 21 Vice Mayor Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest.In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record. June 7, 2022 22 ITEM— VLE CERTIFICATION ITEM#72931 Upon motion by Council Member Tower, 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: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None *Vice Mayor Wilson and Council Member Moss stepped out of the Closed Session during the Atlantic Park discussion (4:10—4:46 P.M.) due to a potential conflict of interest. June 7, 2022 041.A BEAeIS' z3 5 y 4 tr:ia, .j' s OF OUR NOW'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#72930 on Page 19 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. ► 1 AWfan•%':'rn: ,, MMC City Clerk June 7, 2022 23 ITEM— VLF.1 MINUTES ITEM#72932 Upon motion by Council Member Moss,seconded by Council Member Holcomb, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 17, 2022 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Abstaining: Vice Mayor Rosemary Wilson Council Members Absent: None June 7, 2022 24 ITEM— VLF.2 MINUTES ITEM#72933 Upon motion by Council Member Moss,seconded by Council Member Holcomb, City Council APPROVED the MINUTES of the FORMAL SESSION of May 24,2022 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Guy K. Tower Council Members Absent: None June 7, 2022 25 ITEM— VLG.1 MAYOR'S PRESENTATION ITEM#72934 PROCLAMATION LGBTQ PRIDE MONTH Council Member Berlucchi, on behalf of Mayor Dyer, welcomed Stacie Walls- LGBT Life Center, Shay 011ie - Transgender Assistance Program of Virginia, Cole Werkheiser-Hampton Roads Pride and Neva White—LGBTQ Liaison to the City Manager's Office and presented the Proclamation recognizing June 2022, as "LGBTQ PRIDE MONTH",and calling on all citizens to eliminate prejudice everywhere it exists and join in celebrating the great diversity in the community and work together to build a culture of inclusiveness and acceptance. Ms. Walls, Mr. 011ie, Mr. Werkheiser and Ms. White all expressed their appreciation for this recognition and City Council's continuous support. June 7, 2022 ‘414 Pik O 99r8�F ou.NAr00 0�0 rodamatton Whereas: The City of Virginia Beach remains committed to fostering an inclusive community that welcomes and empowers aff In an effort towards continued improvement of the fives of our workforce and citizens,an LGBTQLiaison has been identified in each of our pubic safety departments: (Pofce, Fire, and EMS, and Emergency Communications and Citizen Services, the Sheriffs Office, and the City Manager's Office, The Liaisons examine the city's policies and services through an LGBTQ(ens and provide a friendly ear to constituents or staff wishing to bring LGBTQ-related issues to the attention city government,which has led to the City of Virginia Beach receiving a perfect score on the 7fuman 9ghts Campaign's MunicipafEquality Inde.and Whereas This City's LGBTQ Community members, through tireless volunteerism and advocacy, 6ui(d strong community partnerships connecting LGBTQyouuth, teens,adults,and families to supportive resources that enhance the physical; mental; and social weQ=being of our entire community while demonstrating the capacity of the creative, social economic,and inffuentiafforce of the LGBTQCommunity and its allies to effect positive change where we five,where we work and where we play;and Whereas: In the movement toward equal rights for lesbian,gay, bisexual and transgender(LGBTOJ people,a historic turning point occurred on June 28, 1969, in New'York City, with the onset of the Stonewall Riots. (During these riots, LGBTQ citizens rose up and fought against the discriminatory criminal laws that have since been declared unconstitutional and- Whereas: June is celebrated as LGBTQ Pride Month nationwide and LGBTQ pride celebrations have taken place around the country every June to commemorate the beginning of the Stonewall Pjots;and Whereas: June 2022 will mark 33 years of summertime festivals, now known as PrideEest, hosted by.ifampton Roads Pride, who will host a(Pride Celebration at the Oceanfront in the City of Virginia Beach on Sunday,June 26,2022;and Whereas: Since its inception,.ifampton Roads(Pride has continued'to celebrate unity,embrace diversity,and instill pride in our region's LGBTQand allied communities by increasing visibility and promoting full human and civil rights of LGBTQ people;and Whereas: The Transgender Assistance Program of Virginia(TAP OVA), an allvolunteer, trans-lei non-profit organization in Virginia Beach works to end homelessness within the transgender community. TAMP VA provides educational training to organizations and agencies who want to become more inclusive and knowledgeable around the issues facing our local transgenufer community;and Whhereac The LGBT Life Center has been serving Jfampton loads LGBTQ communities and all people affected by.7f7V through improving health and wellness, strengthening families and communities, and providing transformative education and advocacy for nearly 30 years;and Whereas: The LGBT Life Center has been a valuable resource to our Virginia Beach Community by providing permanent supportive housing,case management,and counseling to homeless persons living with WIV/ADDS;and- Whams: It is imperative that allpeople in the community,regardless of sexual orientation or gender identity,feelva(ued safe, empowered;and supported by their peers,educators,and community leaders. Wow?ltertfare,I Robert M.(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby procliain v June 2022 £çcWTQPide Montfi In Virginia(Beach,and I call on all our citizens to eliminate prejudice everywhere it exists and askyou to join me in celebrating the great diversity of our community as we workto build culture of inclusiveness and acceptance. In 14'ftness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to 6e affixed this Seventh day of June,Two Thousand Twenty-Two. • e ` L ' r' Robert M. "Bobby" f''/ Mayor �rT ram;'. /_Yf^Ifl r; 26 ITEM— VI.G. (ADD ON) MAYOR'S PRESENTATION ITEM#72935 Mayor Dyer welcomed the following Boy Scouts in attendance from Troop#375 and presented them with a City Seal lapel pin: Barbara Lee- Cubmaster Pack 375 Matthew Lee-Scoutmaster Troop 375 Matthew Lee Jr. Andrew Carlson Lucas Carlson Cason McReynolds Gabriel Watkins June 7, 2022 27 ITEM— VI.H.1 PUBLIC COMMENT ITEM#72936 Mayor Dyer DECLARED a PUBLIC COMMENT.• RESORT AREA MOBILITY PLAN(RAMP)PARKING FEES There being no speakers, Mayor Dyer CLOSED the PUBLIC COMMENT June 7, 2022 28 ITEM— VLI.1 BID OPENING ITEM#72937 Mayor Dyer DECLARED A BID OPENING: NON-EXCLUSIVE MASTER LEASE FOR THE USE OF CITY RIGHTS-OF-WAY Telecommunications Services Mayor Dyer read into the record: "Pursuant to Virginia Code Section 15.2-2102, I will now summarize the bids that have been received for a Nonexclusive Master Lease to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing and maintaining network facilities for telecommunications services within and through the City. One bid was received. Southside Network Authority has bid the following: - 15-year franchise, followed by year-to-year automatic renewals and termination by either party with ninety(90)days'notice. Are there any other persons that desire to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bid received from Southside Network Authority and recommends that the Authority be granted the nonexclusive master lease. We will now open a Public Hearing concerning the request of the Southside Network Authority, to be granted a nonexclusive master lease to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing, and maintaining network facilities for communications services." June 7, 2022 29 ITEM— VLJ.1 PUBLIC HEARING ITEM#72938 Mayor Dyer DECLARED a PUBLIC HEARING: NON-EXCLUSIVE MASTER LEASE FOR THE USE OF CITY RIGHTS-OF-WA Y Telecommunications Services-Southside Network Authority (SNA) 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 June 7, 2022 30 ITEM— VII.I FORMAL SESSION AGENDA ITEM#72939 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 L: 1, 3, 5, 6, 7a-1, 8a/b/c, 9, 10 and 11 a,/b, and Planning Items M: 1 and 4 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolution L: 1, 3, 5, 6, 7a-1, 8a/b/c, 9, 10 and 11 a,/b, and Planning Items M: 1 and 4 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None L. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#4 WILL BE CONSIDERED SEPARA TEL Y M. PLANNING: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARA TEL Y June 7, 2022 31 ITEM— VI.L.1 ORDINANCES/RESOLUTIONS ITEM#72940 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Nonexclusive Master Lease for Telecommunication Services to Southside Network Authority(SNA)re use of the City's public streets and rights-of-way to install,operate, and maintain network facilities Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 MASTER LEASE TO INSTALL, OPERATE AND 3 MAINTAIN NETWORK FACILITIES FOR 4 TELECOMMUNICATION SERVICES IN THE 5 CITY'S PUBLIC STREETS AND RIGHTS-OF- 6 WAY TO SOUTHSIDE NETWORK AUTHORITY 7 8 WHEREAS, Southside Network Authority (SNA), a Virginia political 9 subdivision, will build and operate a fiber network and related communication 10 services in the Hampton Roads area, commonly known as the "regional fiber 11 ring"; 12 13 WHEREAS, the City of Virginia Beach and other Hampton Roads cities 14 are the members of SNA; 15 16 WHEREAS, SNA desires to enter into a nonexclusive master lease 17 agreement (the "Master Lease") with the City of Virginia Beach (the "City") to 18 use and occupy the City's public streets and rights-of-way; 19 20 WHEREAS, the Master Lease would allow SNA to install, operate and 21 maintain fiber optic cables and related equipment for the purpose of 22 establishing a communications ring for use by SNA and its member cities; 23 24 WHEREAS, City staff supports allowing SNA to use the City's public 25 streets and rights-of-way for the aforesaid purposes, subject to the terms and 26 conditions set forth in the summary of terms attached hereto as Exhibit A, and 27 made a part hereof (the "Summary of Terms"). 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby authorizes the City Manager to execute the 33 Master Lease with SNA, in accordance with the Summary of Terms attached 34 hereto as Exhibit A, and made a part hereof, and such other terms, conditions 35 or modifications, as may be acceptable to the City Manager and in a form 36 deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 7 t h day of June , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I N FOk MATION TECHNOLOGY CITY ATTORNEY CA15723 R-3 May 27, 2022 2 EXHIBIT A SUMMARY OF TERMS Lessor: City of Virginia Beach (the "City") Lessee: Southside Network Authority, a body politic and corporate and a political subdivision of the Commonwealth of Virginia ("SNA") Term/Termination: 15 years, followed by year-to-year automatic renewals. Termination by either party with ninety (90) days notice. Location: SNA has the nonexclusive right to install its facilities within the City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: SNA shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Installation: SNA shall be required to return the public streets and rights-of- way to the same or similar condition existing prior to any work being performed. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; Pollution Liability: $1 Million; or, in the alternative, Umbrella Coverage of$5 Million. Surety Requirements: $25,000 letter of credit and $50,000 surety bond Indemnity: SNA shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. City of Virginia Beach, Virginia NONEXCLUSIVE MASTER LEASE AGREEMENT WITH SOUTHSIDE NETWORK AUTHORITY This Nonexclusive Master Lease Agreement(hereinafter"Agreement")is made and entered into as of this day of , 2022, by and between the City of Virginia Beach, Virginia, a Virginia municipal corporation("City"or"Grantor") and Southside Network Authority, a body politic and corporate and a political subdivision of the Commonwealth of Virginia under the Wireless Service Authorities Act("Authority"or"Grantee"). WHEREAS,the Authority is a body politic and corporate and a political subdivision of the Commonwealth of Virginia, existing under the provisions of the Virginia Wireless Service Authorities Act,Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950,as amended,the purposes of which include the ownership of a system to provide qualifying communications services, in accordance with the Act; and WHEREAS, the Authority desires to use and occupy the City's streets and public rights-of- way (as hereinafter defined) for the purposes of constructing, installing, and maintaining network facilities for the provision of qualifying telecommunications services within the City; and WHEREAS, the City is agreeable to allowing the Authority to use the City's streets and public rights-of-way, subject to the terms and conditions hereinafter set forth and subject to any telecommunications regulatory ordinance that may be adopted by the City in the future; NOW,THEREFORE,in consideration of the premises hereof and the mutual promises and covenants set forth herein, the City and the Authority agree as follows: Section 1. Grant of Authority. (a) Subject to the terms of this Agreement, the City hereby grants to the Authority the non-exclusive right to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove and replace fiber optic or other cable and related facilities for the provision of telecommunications service in the public streets and public rights-of-way of the City of Virginia Beach. The Authority shall be solely responsible for obtaining any required consents from State agencies or private parties to the extent that its operations affect State or private property. It is expressly agreed that this Agreement does not give the Authority the right to occupy any public rights-of-way with permanent aboveground cabinets, pads and other similar structures except pursuant to the express approval of the City pursuant to the applicable provisions of Chapter 33 of the City Code or any successor ordinance and that nothing in this Agreement shall be construed as consent by the City for the Authority to provide cable service television service within the City. (b) The Authority acknowledges that this grant of authority is for the benefit of the Authority only, and that the Authority is not authorized to lease, sublease, assign or otherwise Page 1 of 18 allow other providers to use or occupy the public rights-of-way except in accordance with provisions of this Agreement. (c) The Authority acknowledges that, to the extent allowed by State and Federal law, the City has the authority to adopt ordinances regulating the use of the public rights-of-way, so long as such ordinances apply equally to all certificated providers of telecommunications services using the public streets and public rights-of-way of the City. The Authority agrees to be bound by all such future ordinances so long as it operates telecommunication services or has property or equipment within the City's public streets or rights-of-way. (d) This Agreement is not a grant by the City of any fee simple or other property interest except as expressly contemplated by this Agreement and is made subject and subordinate to the prior and continuing right of the City of Virginia Beach to use the public streets and public rights- of-way occupied by the Authority for the purpose of laying, installing, maintaining, repairing, protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles and other equipment and for other municipal uses and with the right of ingress and egress, along, above, over, across and in said public streets and public rights-of-way. (e) This Agreement shall be in full force and effect from and after the date of its approval by the City Council governing body; provided, however, that notwithstanding such approval, this Agreement shall not become effective until all required bonds, letters of credit, certificates of insurance and other instruments required by this Agreement have been filed with, and accepted and approved by the City, which acceptance and approval shall not be unreasonably delayed, conditioned or withheld. Section 2. Definitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings,unless the context of the sentence in which they are used shall indicate otherwise: "Affiliate" means a person or entity that directly, or indirectly, through one or more intermediaries, owns, controls, is owned or controlled by, or is under common ownership or control with another person or entity. "Cable service"has the same meaning as in the 47 U.S.C. § 522, and is synonymous with the term "cable television service." "City"means the City of Virginia Beach, Virginia, and where appropriate to the context, its officers, agents, employees and volunteers. "City Attorney"means the City Attorney or his or her designee. "City Council"means the City Council of the City of Virginia Beach. "City Engineer"means the City Engineer or his designee. "City Manager"means the City Manager or his designee. Page 2 of 18 "City Property" means and includes all real property owned by the City, including public streets and public rights-of-way, as those terms are defined herein, and all property held in a proprietary capacity by the City. "Conduit" means any materials, such as metal or plastic pipe, that protects wire, cable, lines, fiber optic cable, or other technology for the provision of telecommunications service. "Duct" means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber optic cable, or other technology for the provision of telecommunications service. "Fiber optic or other cable and related facilities" means fiber optic cables or other cable, facilities, conduits, converters, splice boxes, handholds, manholes, vaults, equipment, drains, surface location markers, appurtenances and related facilities located or to be located by the Authority in the public streets or rights-of-way of the City used or useful for the transmission of telecommunications services. "Grantee"or"the Authority"means Southside Network Authority. "Grantor"means the City of Virginia Beach. "Public streets and public rights-of-way" or"public ways" include the surface of, and the space above and below, any public street,road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other public right-of-way, including unimproved surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution, water or sewer service or other public use, whether present or future, to the extent of the City's right,title,interest or authority to grant a master lease to occupy and use such streets and easements for the purpose of providing telecommunications services. "Public works project" or "public improvements" include, without limitation, the construction, realignment, paving or repaving, or other work on any public street or public right- of way, change of grade or alignment of any public street or public right-of-way, the construction or reconstruction of any water, sanitary sewer, storm sewer, force main, drainage or communications facility of the City, or any other improvement to public property of any kind or nature performed by or on behalf of the City of Virginia Beach or other governmental entity. "Telecommunications facilities" means the plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, fiber optic and other cables, circuits, and wires,and any other equipment and property used by the Authority to provide telecommunications service. "Telecommunications service"means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of signals, including but not limited to, voice, data, image, graphic or video or other programming information, except cable television service, between or among points by wire, lines, cable, fiber optics, circuits, laser or infrared, microwave, radio, satellite or other telecommunications facilities,but not including cable television service. Section 3. Term of Agreement. Page 3 of 18 (a) The term of this Agreement shall be for an initial term of fifteen (15) years, commencing on the date of approval of this Agreement by the City Council. Unless either party gives ninety (90) days' written notice of its intention to terminate the Agreement prior to the end of the term, the Agreement shall thereafter automatically renew and continue on an annual basis from year-to-year;provided,however,that either party may,upon giving ninety(90)days' written notice prior to the end of the yearly renewal period, terminate the Agreement. Upon termination of this Agreement as herein provided, the Authority shall be prohibited from further access to the public rights-of-way in the City of Virginia Beach except as necessary to perform its obligations in Section 3(b). (b) Upon the termination or expiration of this Agreement,including any renewal period, or if any portion of the Authority's facilities is abandoned, the Authority shall remove its telecommunications facilities at its own expense; provided, however, that if directed by the City in writing,the Authority may abandon some or all of the facilities in place, and such facilities shall become the property of the City upon their abandonment. If in the event the Authority fails to remove its facilities within ninety (90) days after abandonment or termination, except facilities abandoned in place at the direction of, or with the consent of the City, the City may cause such facilities to be removed, without further notice, and charge the cost for removal to the Authority, which shall pay such costs within thirty (30) days of the demand to do so. The City may collect such costs, expenses and attorney's fees as debts owed to the City by bringing action in any court of competent jurisdiction. Section 4.Compliance with Applicable Law. The Authority shall at all times during the term of this Agreement, including any renewal period, comply with all applicable federal, state, and local laws, ordinances, and regulations. Expressly reserved to the City is the right to adopt,in addition to the provisions of this Agreement and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power for the benefit and safety of the Public and apply equally to all certificated providers of telecommunications services. Section 5. Construction; Location or Relocation of Facilities. All telecommunications facilities of the Authority shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified by the City. 5.1. The Authority shall install its overhead facilities on pole attachments to existing or replacement utility poles only, and then only if surplus space is available on such poles. In the event no such space exists on existing or replacement poles,the Authority shall install its facilities underground. 5.2. Whenever all existing electric utilities,cable facilities or telecommunications facilities are located underground within a particular segment of a street or public right-of-way of the City, the Authority shall also install its telecommunications facilities underground. Page 4 of 18 5.3. Whenever existing overhead electric utilities, cable facilities or telecommunications facilities are relocated underground within a particular segment of a street or public right-of-way of the City, the Authority shall relocate its facilities underground within a reasonable period of time after notification by the City that such facilities must be relocated. Absent extraordinary circumstances or undue hardship as reasonably determined by the City, such relocation shall be made concurrently to minimize the disruption of the public streets or public rights-of-way. 5.4. The Authority shall obtain all required permits for the construction or installation of its facilities as required in this Agreement,provided,however,that nothing in this Agreement shall prohibit the City and the Authority from agreeing to an alternative plan to review permit and construction procedures, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. The City shall ensure that all permit applications and other requests submitted by the Authority pursuant to this Agreement are reviewed and acted upon in a reasonable, non-discriminatory manner consistent with applicable laws and regulations. 5.5. In the performance and exercise of its rights and obligations under this Agreement, the Authority shall not interfere in any manner with the existence and operation of any public street and public or private right-of-way, sanitary sewer,water line, storm drain gas main,pole,overhead or underground electric and telephone wires, television cables, public works, facilities of other telecommunication providers, or City property, without the prior approval of the City. 5.6. Except as may be expressly provided herein, nothing in this Agreement shall be construed to abrogate or limit the right of the City of Virginia Beach to perform any public works or public improvements.If any facilities of the Authority interfere with the construction,operation, maintenance, repair or removal of such public works or public improvements, within thirty (30) days after written notice by the City of Virginia Beach (or such other period of time set forth in Section 5.7 or as may be agreed upon in writing by the City of Virginia Beach and the Authority), the Authority shall, at its own expense protect, alter, remove or relocate facilities, as directed by the City Manager or City Engineer. If the Authority fails to so protect, alter, remove or relocate equipment within such period, the City may break through, remove, alter or relocate the facilities of the Authority without any liability to City, and the Authority shall pay to the City the costs incurred in connection with such breaking through, removal, alteration or relocation. The Authority shall also reimburse the City for or bear any additional cost actually incurred by the City as a result of the Authority's failure to comply with the City's request to protect, alter or remove equipment under this Agreement. The City may collect such costs, and any reasonable expenses and attorney fees incurred in collecting such costs, as debts owed to the City, by bringing action in any court of competent jurisdiction or exercising the City's rights to draw on bonds or letters of credit, or in any other lawful manner, individually or in combination. The City shall also have a lien on the property of the Authority in an amount equal to all such costs, expenses, and legal fees associated with collection efforts. 5.7. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways or other areas of the City as the City may determine to be necessary, appropriate or useful in response to any life- threatening emergency. The City will endeavor to notify the Authority of such emergencies which may impact its telecommunications Page 5 of 18 facilities.Nothing herein shall create any duties or obligations on the City to so notify the Authority nor shall the City,its officers,agents, employees, or volunteers in any way be liable for any failure to notify the Authority. 5.8. The facilities of the Authority shall be located so as not to interfere with the public safety or, to the extent possible, with the convenience of persons using the public streets or rights- of-way. The Authority shall construct, maintain and locate its telecommunications system so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City. 5.9. The City shall have the right to specifically designate the location of the facilities of the Authority with reference to sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, cable television facilities, and railway, communication and power lines, in such a manner as to protect the public safety and public and private property. Failure by the City to designate the location of the Authority's facilities shall not relieve the Authority of its responsibilities in matters of public safety, as provided in this Agreement. 5.10. Except in the cases of emergencies, the Authority shall not move, alter, change or extend any of its telecommunications system in any public street or public right-of-way unless prior written notice of its intention to do so is given to the City Manager and permission in writing to do so is granted, or such requirement is waived, by the City Manager. The City Manager shall use his best efforts to either approve or deny the Authority's request to relocate it facilities within fifteen(15) days of receipt of the Authority's request. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement,with such other terms and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways by the public,the City or by any other public utility, public service corporation or cable operator for their respective purposes and functions. Such work by the Authority shall also be coordinated with the City's annual paving program through the Office of the City Engineer. 5.11. The Authority shall not open, disturb or obstruct, at any time, any more of the public streets or public rights-of-way than is reasonably necessary to enable it to proceed in laying or repairing its telecommunications system.The Authority shall not permit any public street or public right-of-way so opened, disturbed or obstructed by it to remain open, disturbed or obstructed for a longer period of time than shall be reasonably necessary. In all cases where any public street or public right-of-way is excavated,disturbed or obstructed by the Authority,the Authority shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs,barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. 5.12. After the installation,removal,relocation or construction or maintenance of the fiber optic or other cable and related facilities is completed, the Authority shall, at its own cost, repair and return the public streets or public rights-of-way to a minimum of the same or similar condition Page 6 of 18 existing before such installation, removal, relocation construction or maintenance, in a manner as may be reasonably specified by the City and to the reasonable satisfaction of the City. The Authority shall be responsible for damage to City street pavements,existing utilities,curbs,gutters and sidewalks due to the Authority's installation, construction, maintenance, repair or removal of its telecommunications facilities in the public streets,public rights-of-way,and shall repair,replace and restore in kind,the said damaged property at its sole expense. Upon failure of the Authority to repair, replace and restore said damaged property, in a manner as may be reasonably specified by the City and to the reasonable satisfaction of the City, after thirty(30)days' notice in writing shall have been given by the City,the City may cause such necessary repairs to be made and may collect the costs incurred from the Authority, including but not limited to, exercising the City's rights to draw. on bonds or letters of credit. The City may collect such costs,and any expenses and attorney fees incurred in collecting such costs, as debts owed to the City,by bringing action in any court of competent jurisdiction or in any manner allowed by law. The City shall also have a lien on the property of the Authority in an amount equal to all such costs, expenses, and legal fees associated with collection efforts. 5.13.Neither the Authority,nor any person acting on the Authority's behalf, shall take any action or permit any action to be done which may impair or damage any City property, including, but not limited to,any public street,public right-of-way or other property located in,on or adjacent thereto. 5.14. In the event of an unexpected repair or emergency, the Authority may commence such repair and emergency response work as required under the circumstances, provided that the Authority shall notify the City as promptly as possible, before such repair or emergency work is started or as soon thereafter as possible if advance notice is not practicable. 5.15. The Authority shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements, laws, ordinances, and regulations. 5.16. The Authority shall at all times employ a high standard of care and shall install and maintain and use approved methods and devices for preventing failure or accidents which are likely to cause damages,injuries or nuisances to the public. 5.17. The Authority shall obtain all required permits from the City and any other governmental entity having jurisdiction prior to commencing work or any nature and shall comply with all terms and conditions of any such permit. The Authority shall furnish detailed plans of the work and other required information, and shall pay all required fees prior to issuance of a permit in accordance with the rates in effect at the time of payment. The Authority shall comply with all applicable ordinances and permitting requirements. A single permit may be issued for multiple excavations to be made in public streets and rights-of-way; provided, however, any applicable fees established by the City shall apply to each such excavation unless otherwise provided by ordinance. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of Page 7 of 18 service. In the case of emergency excavations made in a public street or public right-of-way without a permit,the Authority shall make a report of each such excavation to the City within two (2) working days and pay the applicable fee. Any permit application and inspection related to repair of excavations shall be promptly acted upon by the City so as not to unreasonably delay the Authority in efficiently discharging its public service obligation and in any event shall be granted or denied within thirty (30) days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial. 5.18. (a) Promptly after installation, repair or extension of the telecommunications system or any portion. thereof or any pavement cut by the Authority in any public way of the City, the incidental trenches or excavations shall be refilled by the Authority in a manner acceptable to the City Manager. Pavement, sidewalks, curbs, gutters or any other portions of public ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by the Authority at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, the Authority at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving,rather than replacing only the area actually cut,the Authority shall replace the full width of the existing sidewalk or appropriate sections of paving as determined by the City Engineer and the full length of section or sections cut, a section being defined as that area marked by expansion joints or scoring or as determined by the City Engineer. The Authority shall maintain, repair and keep in good condition for a period of one (1) year following such disturbance all portions of public ways disturbed by the Authority, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by the Authority. (b) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of telecommunications facilities shall be replaced or restored, as nearly as may be practicable, to the condition existing prior to performance of work. All restoration work within the public ways or other areas shall be done in accordance with landscape plans approved by the City. 5.19.(a)The Authority shall promptly remove or correct any obstruction,damage,or defect in any public street or public right-of-way caused by the Authority in the installation, operation, maintenance or extension of the Authority's telecommunications system. Any such obstruction, damage, or defect which is not promptly removed, repaired or corrected by the Authority after proper notice to do so, given by the City to the Authority, may be removed or corrected by the City, and the cost thereof shall be charged against the Authority and payable on demand. Any expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage,telecommunication facilities or other property resulting from construction or maintenance of the Authority's telecommunications system shall be borne by the Authority and any and all expense and cost incurred in connection therewith by the City shall be fully reimbursed by the Authority to the City. (b) If weather or other conditions do not permit the complete restoration required by this Section, the Authority shall temporarily restore the affected property. Page 8 of 18 Such temporary restoration shall be at the Authority's sole expense and the Authority shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (c) The Authority or other person acting in its behalf shall use suitable barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations,including,but not limited to,the flagging requirements of the Virginia Department of Transportation. 5.20. Except in the case of the City's negligence or intentional or willful misconduct, the City, its officers, agents, or employees, shall not be liable for any damage to or loss of any of the Authority's telecommunications services or telecommunications facilities within the public ways or any other areas of the City as a result of or in connection with any public works, public improvements,construction,excavation,grading, filling,or work or activity or lack of any activity of any kind by or on behalf of the City. 5.21. The Authority shall cooperate with the City in coordinating its construction activities as follows: (a) The Authority shall provide the City with a schedule of its proposed construction activities prior to commencing any expansion of its telecommunications facilities in the public streets or public rights-of-way; (b) Upon request, the Authority shall meet with the City and other users of the public ways to coordinate construction in the public ways; and (c) All construction locations, activities and schedules shall be coordinated, as directed by the City Engineer, to minimize public inconvenience, disruption or damages. the Authority shall submit a written construction schedule to the City Engineer at least ten (10) working days before commencing any work in or about the public streets or public rights-of-way. The Authority shall further notify the City Engineer not less than five(5)working days in advance of such excavation or work in or about the public streets or public rights of way. The Authority shall comply with the provisions of the Virginia Underground Utility Damage Prevention Act, Virginia Code §§ 56-265.14,et. seq. Section 6. Mapping. The Authority shall maintain an accurate map of its telecommunications facilities. The Authority shall provide the City with"as-built" drawings and an accurate map or maps showing the location of its facilities,including pole lines and conduit lines and any other facilities requested by the City, to include a digitized map(s)in both printed and electronic form readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the City's Survey Control monuments and geographic information system certifying the location of all telecommunications facilities within the City.The Authority shall,upon request,provide updated maps Page 9 of 18 annually. The Authority shall supply and specify the location of all of its underground facilities by depth, line, and grade, proximity to other facilities or other standard. The Authority shall cause the location of such facilities to be verified, to the extent required, by a registered state surveyor. The Authority shall relocate, at its expense, any facilities which are not located in compliance with permit requirements. (a) If any of the requested information is considered proprietary,the Authority will notify the City of this opinion and the City will strive to keep it confidential to the extent permitted by the Virginia Freedom of Information Act(Virginia Code §§ 2.2-3700 et seq.) or other any successor statute or law. The Authority will submit an existing Facilities Map as a condition precedent to the City's approval of this Agreement.As for new installations,after the effective date of this master lease,the Authority shall submit the proposed Mapping of its plans for new construction to the City prior to any construction. As-built drawings of any new construction of facilities shall be furnished to the City within sixty (60) days of completion of such construction.All as-built maps and drawings shall be drawn to scale and reference to a physical City benchmark to the extent the physical benchmark is in reasonable proximity to the Authority's new installation. All mapping shall be provided in a format compatible to the City's present and future mapping systems. Alternatively, the Authority will pay for the cost of making the mapping compatible. (b) Prior to its installation of any facilities in the public streets or public rights-of-way and after the Authority provides the City with its proposed plans for the facilities, the City may in its discretion designate certain locations to be excluded from use by the Authority for its telecommunications facilities, including, but not limited to, ornamental or similar specially designed streets lights or other facilities or locations which,in the reasonable judgment of the City Engineer,do not have electrical service adequate for or appropriate for the Authority's facilities or cannot safely bear the weight or wind loading thereof,or any other facility or location that in the reasonable judgment of the City Engineer is incompatible with the proposed facilities or would be rendered unsafe or unstable by the installation. The City Engineer may further exclude certain other facilities that have been designated or planned for other use or are not otherwise proprietary, legal or other limitations or restrictions as may be reasonably determined by the City. In the event such exclusions conflict with reasonable requirements of the Authority, the City will cooperate in good faith with the Authority to attempt to find suitable alternatives, if available,provided that the City shall not be required to incur financial costs nor require the City to acquire new locations for the Authority. The Authority shall, prior to any excavation or installation within the public streets or public rights-of-way, provide sufficient notification and joint installation opportunity on a shared cost basis to potential users of the public streets or public rights-of-way as may be provided for by a separate City policy. Such notification and adopted policies shall be designed to maximize co-location of providers to minimize the disturbance to the public streets or public rights-of-way and maximize its useable capacity. The Authority shall not install new conduit or other facilities to the public streets or public rights-of-way where the existing conduit is available to the Authority and would reasonably avoid the need for new excavation or overhead installations. The Authority shall identify by mapping, as required by the City Engineer,the location and specifications of all conduits available or dedicated for collection. Section 7. Insurance Requirements. Page 10 of 18 At all times during the term of this agreement and any renewal period,the Authority shall, at its expense,maintain the following insurance policies. Any required insurance shall be in a form and with an insurance company approved by the City,which approval shall not be unreasonably withheld, conditioned or delayed. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia and have a rating of no less than A by A.M.Best Co.,or a lawful and actuarially sound local government self-insurance pool under the Local Government Group Self-Insurance Pool Act,Virginia Code §§ 15.2-2700, et seq., either or both. (a) Commercial General Liability. Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of this Agreement. The minimum limits of liability for such coverage shall be Two Million Dollars ($2,000,000.00) combined single limit for -any one occurrence. However, the parties acknowledge that the Authority may meet the policy limit in this section by combination of the Authority's General Commercial Liability Policy and the Authority's Umbrella or Excess Liability Policy. (b) Contractual Liability. Broad form Contractual Liability insurance, including the indemnification obligations of the Authority set forth in this Agreement. (c) Workers' Compensation. Workers' Compensation insurance covering the Authority's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under this Agreement. (d) Automobile Liability. Automobile Liability insurance having minimum limits of liability of One Million Dollars($1,000,000.00)combined single limit applicable to owned or non- owned vehicles used in the performance of any work under this Agreement. (e) Pollution Liability Insurance. The Authority shall maintain during the life of this Agreement Pollution Liability Insurance in the amount of One Million Dollars($1,000,000.00) for each occurrence. Coverage shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Such insurance shall also provide coverage for cleanup costs. (f) Umbrella Coverage. The insurance coverages and amounts set forth in this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of Five Million Dollars ($5,000,000.00). Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section. It is further agreed that such statement shall be made a part of the certificate of insurance furnished by the Authority to the City. (g) The Authority shall,prior to commencing construction pursuant to this Agreement or within ninety (90) days after the granting of the master lease contemplated by this Agreement, whichever is sooner, furnish the City a certificate or certificates of insurance showing the type, Page 11 of 18 amount, effective dates and date of expiration of the policies, and thereafter at least thirty (30) days prior to the expiration of any such policy or change in the amount or conditions, of coverage. Such certificate or certificates of insurance shall name the City, its officers, agents, and employees as additional insureds and shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days' written notice has been received by the City of Virginia Beach." Section 8. Surety. (a) Within ten (10) days after this Agreement is approved by the City, and prior to the commencement of any construction by the Authority, the Authority shall furnish and file with the City an irrevocable letter of credit, in a form and by a surety authorized to do business in the Commonwealth of Virginia and approved by the City Attorney, in the sum of Twenty-Five Thousand Dollars ($25,000.00). The rights reserved to the City with respect to such letter of credit shall be in addition to all other rights Grantor may have under this Agreement or any other law. The Authority shall not use the letter of credit for other purposes and shall not assign, pledge, or otherwise use such letter of credit as security for any purpose. The letter of credit shall contain the following endorsement: It is hereby understood and agreed that this letter of credit may not be canceled without the consent of the City until sixty(60)days after receipt by the City by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew. The letter of credit shall guarantee the Authority's faithful performance of the terms and conditions of this Agreement,including,but not limited to,(1)the timely completion of construction; (2) compliance with applicable plans,permits,technical codes and standards; (3)proper location of the facilities as specified by the City; (4) restoration of the public ways and other property affected by the construction as required by this Agreements; (5)the submission of"as-built" drawings after completion of the work as required by this Agreement; (6) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work; and (7)the payment by the Authority of all lawful liens,taxes,damages,claims,costs or expenses which the City has been compelled to pay or has incurred by reason of any act or default of the Authority under this Agreement and all other payments due to the City from the Authority pursuant to this Agreement. Provision shall be made to permit the City to make draws against the letter of credit. (b) Whenever the City determines that the Authority has violated one(1)or more terms, conditions or provisions of this Agreement for which relief is available against the letter of credit, a written notice shall be given to the Authority. The written notice shall describe in reasonable detail the violation so as to afford the Authority an opportunity to remedy the violation. The Authority shall have twenty(20) days subsequent to receipt of the notice in which to correct the violation before the City may make demand upon the letter of credit. (c) In addition to the letter of credit required by this section, the Authority shall provide a bond, in a form and by a surety authorized to do business in the Commonwealth of Virginia and Page 12 of 18 approved by the City Attorney, in the amount of Fifty Thousand Dollars ($50,000.00) securing its faithful performance of the terms and conditions of this Agreement. The bond shall contain the following endorsement: It is hereby understood and agreed that this bond may not be canceled without the consent of the City until sixty(60)days after receipt by the City by registered mail,return receipt requested, of a written notice of intent to cancel or not to renew. (d) Such letter of credit and bond shall be in addition to any performance or defect bond or other surety required by the City in connection with the issuance of any construction permit issued pursuant to Chapter 33 of the City Code or any successor ordinance. (e) Upon written request of the Authority,the principal amounts of the bond and letter of credit provided for hereinabove may be reduced to Twenty-Five Thousand Dollars ($25,000.00) and Ten Thousand Dollars ($10,000.00), respectively, at such time as (1) the Authority has completed construction of the network backbone of the telecommunications system and (2) the City has approved such construction, which approval shall not be unreasonably delayed. All other terms and conditions governing such bond and letter of credit shall remain in full force and effect.The Authority shall notify the City of its intention of reducing the principal amounts of such bond and letter of credit no less than twenty(20) days prior to the effective date of such reduction. Section 9.Transfer of Ownership. Notwithstanding any provision of this Agreement, the Authority may not assign, transfer, lease, or sell any of the rights and privileges granted hereunder without the approval of the City. Manager, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that no consent need be obtained to assign, transfer, lease or sell any rights and privileges granted hereunder to any of the Authority's affiliates or any party providing financing to the Authority, provided that no assignment, transfer, lease or sale shall be effective until the assignee, transferee, lessee, or the purchaser, including an affiliate,has filed with the City of Virginia Beach a duly executed instrument reciting the fact of such assignment,transfer,lease or sale and accepting the terms of the Agreement and agreeing to perform all of the conditions thereof. Section 10.Indemnification. To the extent permitted by applicable law,if at all, and without waiving its sovereign immunity or without intent to accept liability for any claim for which it would have sovereign immunity if sued in its own name, the Authority agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against all claims, demands, losses, damages, liabilities, fines, and penalties, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively, the losses), arising out of any breach by the Authority of the terms and conditions of this Agreement,the City's approval of this Agreement and the Authority's activities or sole negligence of the City of Virginia Beach, its officers, employees and agents. In addition, the Authority shall protect, indemnify, and hold harmless the City, its officers, agents, and employees, from any and all demands for fees, claims, suits, actions, causes of action, or Page 13 of 18 judgements based on the alleged infringement or violation of any patent,invention,article,arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any telecommunication facilities or the provision of telecommunication service. Section 11. Hazardous Substances. The Authority shall not transport, dispose of or release any hazardous substance,material, or waste, except as necessary in performance of its work under this Agreement, and in any event the Authority shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of the City's acquiescence, the Authority shall indemnify and hold harmless the City, its officers, agents, employees and volunteers from all costs, claims, damages, causes of action, liabilities, fines, or penalties, including reasonable attorney's fees, resulting from the Authority's violation of this section and agrees to reimburse the City for all costs and expenses incurred by the City in eliminating or remedying such violations. The Authority also agrees to reimburse the City and hold harmless the City, its officers, agents, employees and volunteers from any and all costs, expenses, attorney's fees and all penalties or civil judgments obtained against any of them as a result of the Authority's use or release of any hazardous substance or waste onto the ground, or into the water or air from, near, or upon the City's premises. For purposes of this Section, the following definitions shall apply: "Hazardous Substances"means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes,hazardous materials, and hazardous substances as referenced or defined in, or pursuant to, any federal, state, local or other applicable environmental law, statute, ordinance, rule, order, regulation or standard in effect on the date hereof including, without limitation, the Resource Conservation and Recovery Act (42 U.S.0 §§ 6901, et seq.), as amended, the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 135, et seq.), as amended, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601, et seq.), as amended, and the Toxic Substance Control Act (15 U.S.C. §§ 2601, et seq.), as amended. As used in this Section, "release" includes the placing, releasing, depositing, spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping of any substance. Section 12. General Provisions. (a) Authority. The Authority warrants and represents that it has obtained all necessary and appropriate authority and approval from all applicable federal and state agencies or authorities to provide all telecommunications facilities and services it intends to provide within the City, and upon request by the City will provide evidence of such authority. (b) Other remedies. Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the City or the Authority may have, at law or in equity, for enforcement of this Agreement. Page 14 of 18 (c) Severability. If any section, subsection, sentence, clause,phrase, or other portion of this Agreement, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (d) No enforcement. Neither party shall be excused from complying with any of the provisions of this Agreement by any failure of the other party,upon any one or more occasions,to insist upon strict performance of this Agreement or to seek the other party's compliance with any one or more of such terms or conditions of this Agreement. (e) Conflicts of law. If there is a conflict between the provisions of this Agreement and any law, whether federal, state, or City, including all future laws and ordinances, the law and conflicting Agreement provision will, to the extent reasonably possible, be construed so as to be consistent with each other and if such construction is not reasonably possible, the conflicting provision of this Agreement shall be deemed superseded by such law and have no effect, notwithstanding the contract clause of the United States Constitution. (f) Controlling law and venue. By virtue of entering into this Agreement, the Authority agrees and submits itself to a court of competent jurisdiction in the City of Virginia Beach, Virginia or in the United States District Court for the Eastern District of Virginia,Norfolk Division, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws or by any regulatory body with jurisdiction, including the Federal Communications Commission. (g) Captions. The section captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or Interpretation of this Agreement. (h) Nondiscrimination. During the performance of this Agreement, the Authority agrees that it will not discriminate against any employee or applicant for employment on the basis of race, religion, color, sex, handicap or national origin. The Authority agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Authority, in all solicitations or advertisements for employees placed by or on behalf of the Authority,will state that the Authority is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. The Authority agrees to comply with the good faith minority business efforts required by the Virginia Beach City Code. (i) Notices. (i) Notices given pursuant to this Agreement shall be in writing and addressed as follows: Page 15 of 18 To the City: City of Virginia Beach City Manager Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach,Virginia 23456 With a Copy to: City of Virginia Beach City Attorney Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach,Virginia 23456 To Grantee: Southside Network Authority Executive Director The Regional Building 723 Woodlake Drive Chesapeake,Virginia 23320 With a Copy to: Southside Network Authority Authority Counsel Guynn,Waddell,Carroll&Lockaby,P.C. 415 South College Avenue Salem,Virginia 24153 (ii) Either party may change the address at which it will receive notices by providing written notice of the change to the other party. (j) Entire Agreement, Amendments. This Agreement constitutes the entire agreement between parties hereto with respect to the subject matter hereof and supersedes, any and all prior agreements, understandings and negotiations, whether written or oral, regarding the subject matter hereof. This Agreement cannot be amended unless in writing and signed by duly authorized representatives of each party. [Signature Page Follows] Page 16 of 18 IN WITNESS WHEREOF, the parties have duly executed this Agreement. SOUTHSIDE NETWORK AUTHORITY By: Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit; The foregoing instrument was acknowledged before me this day of , 2022, by , of the Southside Network Authority. Notary Public My commission expires: My commission number: Approved as to legal form: Authority Counsel Page 17 of 18 CITY OF VIRGINIA BEACH A Virginia municipal corporation By: City Manager/Authorized Designee of the City Manager (SEAL) Date: ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2021, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My commission expires: My commission number: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of 2021, by City Clerk of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My commission expires: My commission number: Approved as to Content: Approved as to legal form: Information Technology Department City Attorney's Office Page 18 of 18 32 ITEM— VLL.2 ORDINANCES/RESOLUTIONS ITEM#72941 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION Robert Asburner, 1608 Mediterranean Avenue, Phone: 652-5851, spoke in SUPPORT Kevin Joseph, 118 Ocean Villa Way, Phone: 219-588-7874, spoke in OPPOSITION Dariell Clark, 793 Aragona Boulevard, Phone: 323-6773, did not respond Cat Porterfield, 219 57th Street, Phone: 323-6430, spoke in OPPOSITION Randy Thompson, 1544 Mill Landing Road, Phone: 348-0982, spoke in SUPPORT Tamara Hamilton, 3935 Buchanan Drive, Phone: 609-1235 did not respond After City Council discussion Vice Mayor Wilson made a motion, seconded by Council Member Moss, to ADOPT Ordinance to AMEND City Code Chapter 23,Article II re noise(Requested by Council Members Tower and Moss) Council Member Rouse then made a SUBSTITUTE MOTION, seconded by Council Member Holcomb, to DEFER to JULY 12, 2022, Ordinance to AMEND City Code Chapter 23, Article II re noise (Requested by Council Members Tower and Moss) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 33 ITEM— VLL.2 ORDINANCES/RESOLUTIONS ITEM#72941 (Continued) Upon motion by Council Member Rouse, seconded by Council Member Holcomb, City Council DEFERRED to JULY 12, 2022, Ordinance to AMEND City Code Chapter 23, Article II re noise (Requested by Council Members Tower and Moss) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 34 ITEM— VI.L.3 ORDINANCES/RESOLUTIONS ITEM#72942 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Resolution to NAME an inlet near Sandbridge (Requested by Council Member Henley) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 REQUESTED BY COUNCILMEMBER HENLEY 1 A RESOLUTION REGARDING A PROPOSED NAME FOR 2 AN INLET NEAR SANDBRIDGE 3 4 WHEREAS, the Virginia Board on Geographic Names received a proposal, which 5 was forwarded to the Board by the U.S. Board on Geographic Names, to name an 6 unnamed bay in Virginia Beach "Kona Inlet"; 7 8 WHEREAS, the bay is approximately 0.2 miles long and 0.2 miles wide; it is located 9 on the east side of Sandbridge (formerly known as Sand Ridge or Sand Bridge), 1.1 miles 10 east of Porpoise Point between North Bay on the north and Shipps Bay to the south; and 11 its coordinates are 36°42'16"N, 75°55'54"W; 12 13 WHEREAS, the name proposed for the inlet is "Kona Inlet," and the proponent 14 noted that the Hawaiian word "kona" is a synonym for leeward; the inlet is located on the 15 leeward side of Sandbridge; 16 17 WHEREAS, the waterway to the south of the inlet is named Shipps Bay (or, in 18 older records, "Shipp's Bay"): as noted in multiple documents recorded in the Office of 19 the Clerk of the Virginia Beach Circuit Court, including plats from 1951 (Map Book 26, at 20 page 70) and 1977(Map Book 123, at page 29); a 1968 deed (Deed Book 1092, at page 21 307); a subdivision plat recorded in the 1987 (Deed Book 2610, page 843); and, as a 22 boundary line in a 1958 deed for land adjacent to the bay (Deed Book 603, at page 11), 23 the waters west of the Shipps Bay subdivision in Sandbridge have been known as"Shipps 24 Bay;" 25 26 WHEREAS, this area has been known as Shipps Bay for more than 70 years, as 27 memorialized in official records of the City; 28 29 WHEREAS, the Senior Map Archivist of the Library of Virginia, on behalf of the 30 interim State Archivist at the Library of Virginia, contacted the City to seek the City 31 Council's opinion on the proposed name of"Kona Inlet"; and 32 33 WHEREAS, feedback from stakeholder groups has made it apparent that a name 34 with historical significance to the area would be preferred; 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA, THAT: 38 39 The City Council recommends that the inlet be named "Shipps Bay Inlet," because 40 the bay it flows into has been recognized and documented as "Shipps Bay" for more than 41 seven decades; and 42 43 The City Clerk shall forward a copy of this adopted resolution to the Virginia Board 44 on Geographic Names and also provide a copy to the Senior Map Archivist of the Library 45 of Virginia. Adopted by the City Council of the City of Virginia Beach, Virginia on the 7 t h day June , 2022. APPROVED AS TO LEGAL SUFFICIENCY: Zei,&14-?% City Attorney's Office - CA 15842 R-2 May 26, 2022 2 35 ITEM— VI.L.4 ORDINANCES/RESOLUTIONS ITEM#72943 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION Auntie Advocate, Phone: 632-5697, spoke in SUPPORT Upon motion by Council Member Branch, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to A WARD a $5,000 Community Services Micro-Grant to Men of Faith for Youth Development Camps and Academies re support various youth development camps and academies from June 2022, through December 2022 (Requested by Council Member Branch) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICES MICRO-GRANT TO MEN OF FAITH FOR 3 YOUTH DEVELOPMENT CAMPS AND ACADEMIES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $5,000 Community Services Micro-Grant be awarded to Men of Faith to 9 help support various youth development camps and academies from June 2022 through 10 December 2022. 11 12 Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day 13 of June , 2022. 14 15 Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu, get and Management Services City Attor ' O ice CA15843 R-1 May 25, 2022 36 ITEM— VI.L.5 ORDINANCES/RESOLUTIONS ITEM#72944 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Resolution to ADOPT the updated 2022 Hampton Roads Hazard Mitigation Plan Voting: 11-0 Council Members Voting Aye. Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 A RESOLUTION ADOPTING THE UPDATED 2022 2 HAMPTON ROADS HAZARD MITIGATION PLAN 3 4 WHEREAS, the City Council of the City of Virginia Beach, Virginia 5 recognizes the threat that natural hazards pose to people and property within our 6 community; and 7 8 WHEREAS, undertaking hazard mitigation actions will reduce the potential 9 for harm to people and property from future hazard occurrences; and 10 11 WHEREAS, an adopted Hazard Mitigation Plan is required as a condition 12 of future funding for mitigation projects under multiple FEMA pre-and post-disaster 13 mitigation grant programs; and 14 15 WHEREAS, the City of Virginia Beach participated in the FEMA-prescribed 16 mitigation planning process to prepare this Hazard Mitigation Plan; and 17 18 WHEREAS, the Virginia Department of Emergency Management and 19 Federal Emergency Management Agency, Region III officials have reviewed the 20 "2022 Hampton Roads Hazard Mitigation Plan" and approved it contingent upon 21 this official adoption of the participating governments and entities; 22 23 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of 24 Virginia Beach, Virginia adopts the"2022 Hampton Roads Hazard Mitigation Plan" 25 as an official plan; and 26 27 BE IT FURTHER RESOLVED, the City of Virginia Beach will submit this 28 Adoption Resolution to the Virginia Department of Emergency Management and 29 Federal Emergency Management Agency, Region III officials to enable the Plan's 30 final approval. 31 Adopted by the Council of the City of Virginia Beach, Virginia this 7 t h day of June ___----__ 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: AA*47L • //4/44 Office of Emergency Management City Attorney's Office CA 15846 R-1 May 27, 2022 37 ITEM— VLL.6 ORDINANCES/RESOLUTIONS ITEM#72945 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DONATE excess Sage less-lethal deployment devices to two(2)North Carolina and one (1)Alabama Political Subdivisions Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 AN ORDINANCE TO DONATE EXCESS SAGE LESS 2 LETHAL DEPLOYMENT DEVICES TO TWO NORTH 3 CAROLINA AND ONE ALABAMA POLITICAL 4 SUBDIVISIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 A donation of excess sage less lethal deployment devices is hereby authorized to 10 the following political subdivisions: Wrightsville Beach, N.C. (4); New Bern, N.C. (4); and 11 Madison, AL (6). These donations are intended for the police departments of the 12 aforementioned political subdivisions. The launchers are to be donated in "AS IS" and 13 "WITH ALL FAULTS" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of June , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an anagement Services • ey s Office CA15783 R-2 June 1, 2022 38 ITEM— VLL.7a-1 ORDINANCES/RESOLUTIONS ITEM#72946 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. American Lifeline Medical Transport, Inc. b. American Medical Response Mid-Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. ISC Medical Transport, LLC f Lifecare Medical Transports, Inc. g. Midwest Medical Transport, LLC h. Nightingale Regional Air Ambulance i. Reliance Medical Transport j. Robbie's Ambulance Service, Inc. k. Special Event Providers of Emergency Medicine, Inc. 1. Tidewater Medical Transport, Inc. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2,any organization that operates an 6 emergency medical services agency or any emergency medical services vehicle within the 7 City must first obtain a permit from City Council, and such permits must be renewed on a 8 biannual basis; and 9 10 WHEREAS. applications for permit renewals have been received from the following 11 agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid- 12 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's 13 Daughters; ISC Medical Transport,LLC;Lifecare Medical Transports, Inc.; Midwest Medical 14 Transport, LLC; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's 15 Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and 16 Tidewater Medical Transport, Inc.; and 17 18 WHEREAS, the above-listed private ambulance agencies perform services not 19 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 20 transports, which include both basic and advance life support calls. 21 22 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH; 24 25 1. That the City Council hereby grants renewed permits to the following agencies: 26 American Lifeline Medical Transport, Inc.; American Medical Response Mid- 27 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the 28 King's Daughters; ISC Medical Transport, LLC; Lifecare Medical Transports, 29 Inc.; Midwest Medical Transport, LLC; Nightingale Regional Air Ambulance; 30 Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event 31 Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc. 32 33 2. That these permits shall be effective from July 1, 2022 to June 30, 2024. Adopted by the City Council of the City of Virginia Beach,Virginia,on this 7 t h day of June , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency edical Services City Attvrney's Office CA15781 R-2 May 26, 2022 39 ITEM— VLL.8a ORDINANCES/RESOLUTIONS ITEM#72947 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE Temporary Encroachments into a portion of City-owned Property: a. known as Harbor Canal, located at the rear of 2329 Leeward Shore Drive re maintain an existing wood dock,ten (10) wood piles, wood and steel boat lift, wood ramp, wood floating dock, vinyl bulkhead, and river rock DISTRICT 8(formerly District 6-Beach) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS HARBOR 7 CANAL, LOCATED AT THE REAR OF 8 2329 LEEWARD SHORE DRIVE 9 10 WHEREAS, Todd Lee Hollowell and Blair Jones Hollowell (the "Hollowells") 11 desire to maintain an existing 8.92' x 23.99'wood dock, ten (10)wood piles, 12' x 12' wood 12 and steel boat lift, 2.94' x 11.19' wood ramp, 13.90' x 6.01' wood floating dock, 99.69' of 13 vinyl bulkhead, and 84.69' of river rock within a portion of City-owned property known as 14 Harbor Canal, at the rear of their property located at 2329 Leeward Shore Drive (GPIN: 15 2409-09-3968) (collectively, the "Temporary Encroachments"); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Hollowells, their heirs, 26 assigns and successors in title are authorized to maintain the Temporary Encroachments in 27 the City's property known as Harbor Canal as shown on the exhibit entitled: "EXHIBIT A 28 ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT 29 LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD & RIVER ROCK FOR TODD LEE 30 HOLLOWELL & BLAIR JONES HOLLOWELL I.N. 20150615000550930 GPIN: 2409-09- 31 3968 LOT 221, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 CITY OF VIRGINIA 32 BEACH, VIRGINIA," Scale: 1" = 30', dated December 10, 2021, prepared by Gallup 33 Surveyors & Engineers, a copy of which is attached hereto as Exhibit A and on file in the 34 Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 38 expressly subject to those terms, conditions and criteria contained in the agreement 39 between the City of Virginia Beach and the Hollowells (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Hollowells and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h 51 day of June , 2022. CA15596 R-1 Prepared: 5/3/2022 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d003\p041\00801577.doc APPROVED AS TO CONTENT: A ED A O LEGAL U FICI AND FORM: PUBLIC WORKS, REAL ESTATE . A ER SENIOR, ITY ATTORNEY PROPERTY OF CITY OF EX. WOOD PILES FLOOD (TYPICAL) EX. BOAT LIFT VIRGINIA BEACH c HARBOR CANAL EBB EX. RAMP ° EX. WOOD DOCK EX. FLOATING DOCK M.B. 48, PG. 15 ° N 836341» W .4 �� �/.. ., — --- ----° - F1 41 MLW=MHW 44'' RIVER ROCK SEE E SHEET 2 p VINYL BULKHEAD FOR DETAIL _ 36" ALUMINUM FENCE •1� , FRAME SLATE/CHIPS WALK VW SHED ) .4- I WOOD RAMP list FLOWER BED C •• 0 I T, FLOWER BED CPI \12-P n 1.--4%x. ''141• �-�II > zc ELEC.i r. - '' GENERATOR • n ........... s '...... ...... ,. , ���'�. ,,-, BLOCK RETAINING WALL POOL 2 STORY AI 11' 3. FRAME BLDG e".) #2329 O oC w 0 e O 17 -Pl'0 N CV so,ALTH OF o 0 0 O� •Lr 0p G,% 0❑C _ z Orx o LOT 221 DRNEWAY v DA - UTLER E 0 in Q` c.No. 38395 rn z_ 10'2w� oci �SSI E���ONA L L=107.85' R=1000.00' �` QQ R=1700.00' <2\ L=12.15' LEEWARD SHORE DRIVE (50' R/W) M.B. 48, PG. 15 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, 0 30 60 VINYL BULKHEAD & RIVER ROCK FOR TODD LEE HOLLOWELL & BLAIR JONES HOLLOWELL I.N. 20150615000550930 GALLUP GPIN: 2409-09-3968 SURVEYORS & ENGINEERS LOT 221, BAY ISLAND, SECTION TWO I) 323 FIRST COLONIAL ROAD M.B. 48, PG. 15 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' I Date: DEC. 10, 2021 I Sheet: 1 of 3 W\Hollowell,Todd-2329 Leeward Shore Drive\Drawings\21-37 Encroachment.dwg,3/2/2022 10:50:56 AM ,z„Apo-- rn N 0' 5 M B 48, PG. ' u u i 1 1.94 r cv ; FRAME I1 'n 1.6 , SHED I 8.92' 0. _ `� I EX. WOOD DOC ,7.25 ) ____ ( i 1 o-I 21_.49' a EX. 12'x12' rn •\ ► BOAT LIFT N In SLATE/CHIPS WALK 1 Y / 0--21.41�:, ,.r) o v,p'LTHO 7.57' 1 o�� Lr 1 8.87 r-b, I w LOT 221 I ( -v, 8.75' O Q c° RAMP v DA - UTLER v w a' 2.94' m I o, o I c.No. 38395 ,� Q J \ EX. FLOATING DOCK6.01'• 1 �A O'2 <v4 < I 18.46' i oo Off, 12 1,4w cc Z � ; 1 Z ass G Q I 1.44' ZONAL E`1 Li_ (U C� 0 I 1 EX, VINYL BULKHEAD 0 CI- \ p CO MLW=MHW O I I j EXo co 0-3 . RIVER ROCK EX. 36" ALUMINUM FENCE we I ' , � � ijtI Iw 0.55' ��j� i % / a .,yacue VISOVIAL a �I 1.69 i ,1111 �r114% ° 3 0 �j FLOWER BED �i%;/llo ° o Jal 3I 1.20' �U 1qit 1 , cf ii\ 14111ivirlii_ ° oI ,� 11� / 1 I ' \ N 12.66' 1 EX. WOOD PILES * 72" VINYL FENCE _------- \ \ 1. — - (TYPICAL) I 1 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, 0 20 40 VINYL BULKHEAD & RIVER ROCK IMEMIMMININII FOR TODD LEE HOLLOWELL& BLAIR JONES HOLLOWELL I.N. 20150615000550930 GALLUP GPIN: 2409-09-3968 I) SURVEYORS & ENGINEERS LOT 221, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: DEC. 10, 2021 I Sheet: 2 of 3 W:\Hollowell,Todd-2329 Leeward Shore Drive\Drawings\21-37 Encroachment.dwg,3/2/2022 10:50:57 AM NOTES: 1 . THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A TOPOGRAPHIC SURVEY PREPARED BY COMPASS & CHAIN, LLC DATED AUGUST 5, 2021 AND FROM A SITE PLAN PREPARED BY GADDY ENGINEERING SERVICES, LTD. DATED MARCH 22, 2018. 4. THE LOCATION OF BULKHEAD, FLOATING DOCK, FIXED DOCK AND WIDTH OF HARBOUR CANAL WAS FROM AERIAL MAP. NO FIELD WORK WAS PERFORMED. NOW OR FORMERLY NOW OR FORMERLY CYNTHIA A. SMITH & DALE T. SMITH JOHN A. TREFRY, III & I.N. 202103018531 CYNTHIA W. TREFRY I.N. 20160315000211700 LOT 220, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 LOT 222, BAY ISLAND, SECTION TWO GPIN 2409-09-5918 M.B. 48, PG. 15 2325 LEEWARD SHORE DR GPIN 2500-00-2040 2333 LEEWARD SHORE DR Nig4v,p,LTI/OF p Gl ec,„ DA �1l`t UTLER EXHIBIT A �.No.38395 ENCROACHMENT EXHIBIT SHOWING 102 EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, �sSIO AL �i4C1N VINYL BULKHEAD & RIVER ROCK FOR TODD LEE HOLLOWELL& BLAIR JONES HOLLOWELL I.N. 20150615000550930 GALLUP GPIN: 2409-09-3968 SURVEYORS & ENGINEERS LOT 221, BAY ISLAND, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 48, PG. 15 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: NA I Date: DEC. 10, 2021 I Sheet: 3 of 3 W:\Hollowed,Todd-2329 Leeward Shore Drive\Drawings\21-37 Encroachment.dwg,3/2/2022 10:50:57 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this � i day of ilpt , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TODD LEE HOLLOWELL and BLAIR JONES HOLLOWELL, 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 "221" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 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 48, at page 15, and being further designated, known, and described as 2329 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing 8.92' x 23.99' wood dock, ten (10) wood piles, 12' x 12' wood and steel boat lift, 2.94' x 11.19' wood ramp, 13.90' x 6.01' wood floating dock, 99.69' of vinyl bulkhead, 84.69' of river rock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY KNOWN AS HARBOR CANAL (NO GPIN ASSIGNED) 2409-09-3968 (2329 LEEWARD SHORE DRIVE) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Harbor Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, VINYL BULKHEAD & RIVER ROCK FOR TODD LEE HOLLOWELL & BLAIR JONES HOLLOWELL I.N. 20150615000550930 GPIN: 2409-09-3968 LOT 221, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 30', dated December 10, 2021 and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, TODD LEE HOLLOWELL and BLAIR JONES HOLLOWELL, 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 /1 TO D LEE HOLL ELL, Owner /•& BLAIR JONE OLL ELL, Owner STATE OF ,;�� CITY/COUNTY OFV), . The foregoing instrument was acknowledged before me this c14-11` day of , 2022, by TODD LEE HOLLOWELL and BLAIR JONES HOLLOWELL. kurtAlkiL (SEAL) Notary Public '�� 0.....,, '. .46*MCI-1-ER •iw °TAR) Notary Registration Number) 5"7 0 J 7 5 �J abor.. tc7j_j___‘; a5 r":31 My Commission Expires: (0 (2O) a 5 •� A G �. sue. �#' "4'EALTM c °leisieetttt APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM (17„cij SI N TURF A 1Y\ETC CITY ATTORNEY pwJ( (Aim( R .1 Es-�G1c DEPARTMENT 7 PROPERTY OF CITY OF EX. WOOD PILES FLOOD (TYPICAL) EX. BOAT LIFT VIRGINIA BEACH HARBOR CANAL EBB ' EX. RAMP EX. WOOD DOCK EX. FLOATING DOCK M.B. 48, PG. 15 ° • N 8 36 34' W � i.t: �'������ I `� MLW=MHW " , RIVER ROCK SEE SHEET 2 al :; VINYL BULKHEAD FOR DETAIL _:. 36" ALUMINUM FENCE '1 FRAME SLATE/CHIPS WALK j�W SHED N .\:_.) . WOOD RAMP IFLOWER BED G • O I-, FLOWER BED Ct W z _ i=! SLATE to D _n (4ii -Ts - ELEC. ___.. .. =�����=��=�r�� >< cGENERATOR2 ........... r.r.......„, POOL '( ' BLOCK RETAINING WALL •... 2 STORY FRAME BLDG 0O❑9 12329 '�O cam._. p w o Co Li • N 0pLTR OI o • •• • � r OOOpa Cr) O L z o LOT 221 o o DA �p. UTLER DRIVEWAY' Coo � 4- Q.. a' o 2�c.No. 38�39o5— c; o a 1 • �SSIONA L ��G — .0 0' L-107.85 R=1000 Q =1 00.00' <2\ L=12.15' LEEWARD SHORE DRIVE (50' RAN) M.B. 48, PG. 15 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, 0 30 60 VINYL BULKHEAD & RIVER ROCK FOR TODD LEE HOLLOWELL & BLAIR JONES HOLLOWELL I.N. 20150615000550930 GALLUP GPIN: 2409-09-3968 SURVEYORS & ENGINEERS LOT 221, BAY ISLAND, SECTION TWO 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 M.B. 48, PG. 15 (757)428-8132(757)425-2390 FAX Scale: 1"=30' I Date: DEC. 10, 2021 1 Sheet: 1 of 3 W:\Hollowell,Todd-2329 Leeward Shore Drive\Drawings\21-37 Encroachment.dwg,3/2/2022 10:50:56 AM N ! 3 M PGB, 48, 1rJ + �' ) I 1.94 n_ 1 i FRAME SHED I 1.1 I I i EX. WOOD DOCIt 8.92 (27.25'°cc.. .411 � ) 114 rjr4%.-1-41P- Ei L. 12'x12' BOAT UFT N i Y SLATE/CHIPS WALK o----21.41'. `r 0 �ALTII O l T57 I o�`� �Lf 8.87' I w LOT 221 , I > v 8.75' �'-/ O o ° EX. RAMP o 2 94' I "' - ' DA B UTLER w I a' 1 °�'�` c.No. 38395 i \ Z J I EX. FLOATING DOCK 6,0 � ; �O ��O'2�w4 Q 18.46' I 4 \2 X Z z 4531 1`�C'1� 5 < •I 1.44' ONA L u_ V 0 p " I II EX, VINYL BULKHEAD o a o m CC m 1 11 MLW=MHW H Q "t I I EX. RNER ROCK /i ft 1 v 'loll\ \ EX. 36` ALUMINUM FENCE I\� Q �� •litia ■ >- = 0--15.6 2 �,�,1`;�;��1�; w I0.55' 41411111 j111/ o w i O 01t j1 liii. o v O iolliiii j FLOWER BED 11_11�� ° o aI 3I 1.20' --�ill 1s1111 >�I Q 1 �1111f,. N o \ ,i ��j11 ru o 1, 111 o l'A\ o\ I I nl 12.66' EX. WOOD PILES It 727 VIrIYL FENCE __�_� (TYPICAL) ` 1 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING WOOD DOCK, WOOD PILES, BOAT LIFT, RAMP, FLOATING DOCK, 0 20 40 VINYL BULKHEAD & RIVER ROCK FOR TODD LEE HOLLOWELL& BLAIR JONES HOLLOWELL I.N. 20150615000550930 GALLOP GPIN: 2409-09-3968 LOT 221, BAY ISLAND, SECTION TWO SURVEYORS & ENGINEERS M.B. 48, PG. 15 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1 =20' 1 Date: DEC. 10, 2021 I Sheet: 2 of 3 W:\Hollowell,Todd-2329 Leeward Shore Drive\Drawings\21-37 Encroachment.dwg,3/2/2022 10:50:57 AM NOTES: 1 . THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A TOPOGRAPHIC SURVEY PREPARED BY COMPASS & CHAIN, LLC DATED AUGUST 5, 2021 AND FROM A SITE PLAN PREPARED BY GADDY ENGINEERING SERVICES, LTD. DATED MARCH 22, 2018. 4. THE LOCATION OF BULKHEAD, FLOATING DOCK, FIXED DOCK AND WIDTH OF HARBOUR CANAL WAS FROM AERIAL MAP. NO FIELD WORK WAS PERFORMED. 0' NOW OR FORMERLY NOW OR FORMERLY CYNTHIA A. SMITH & DALE T. SMITH JOHN A. TREFRY, III & I.N. 202103018531 CYNTHIA W. TREFRY I.N. 20160315000211700 LOT 220, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 LOT 222, BAY ISLAND, SECTION TWO GPIN 2409-09-5918 M.B. 48, PG. 15 2325 LEEWARD SHORE DR GPIN 2500-00-2040 2333 LEEWARD SHORE DR - stiv,LTA OF p Ll ? frr' DA IliUTLER EXHIBIT A C.No. 38395 ENCROACHMENT EXHIBIT SHOWING �,2 w� EXISTING WOOD DOCK, WOOD PILES, IQ`o�� ,�2 � �4w BOAT LIFT, RAMP, FLOATING DOCK, sSIONAL��� VINYL BULKHEAD 8� RIVER ROCK FOR TODD LEE HOLLOWELL& BLAIR JONES HOLLOWELL I.N. 20150615000550930 GALLUP GPIN: 2409-09-3968 LOT 221, BAY ISLAND, SECTION TWO F SURVEYORS 8� ENGINEERS M.B.48, PG. 15 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: NA I Date: DEC. 10, 2021 j Sheet: 3 of 3 W:\Hollowell,Todd-2329 Leeward Shore Drive\Drawings\21-37 Encroachment.dwg,3/2/2022 10:50:57 AM 40 ITEM— Y'I.L.8b ORDINANCES/RESOLUTIONS ITEM#72948 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE Temporary Encroachments into a portion of City-owned Property: b. known as Harbor Canal, located at the rear of 2317 Leeward Shore Drive re maintain existing vinyl bulkhead, boat lift, wood dock and lamp post, and to construct and maintain a fixed wood dock,two(2)floating wood docks, vinyl bulkhead, and aluminum ramp DISTRICT 8(formerly District 6-Beach) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 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 HARBOR 7 CANAL, LOCATED AT THE REAR 8 OF 2317 LEEWARD SHORE DRIVE 9 10 WHEREAS, Christian C. Cool and Jennifer K. Cool (the "Cools") have requested 11 permission to maintain the existing 1.35' x 82.61' vinyl bulkhead, 12' x 12' boat lift, 15.15' x 12 7.84' wood dock and lamp post, and to construct and maintain a 5' x 25' fixed wood dock, 13 two floating wood docks (10' x 21.5' and 5' x 25'), 13' vinyl bulkhead and 4' x 12' aluminum 14 ramp (collectively, the "Temporary Encroachment") into a portion of City-owned property 15 known as Harbor Canal, located at the rear of 2317 Leeward Shore Drive(GPIN: 2409-09- 16 7975); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Cools, their heirs, assigns 27 and successors in title are authorized to maintain the Temporary Encroachment in the 28 City's property as shown on the Exhibit entitled: "EXHIBIT A ENCROACHMENT EXHIBIT 29 SHOWING EXISTING VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & LAMP POST 30 AND PROPOSED FIXED WOOD DOCK, TWO FLOATING WOOD DOCKS, VINYL 31 BULKHEAD &ALUMINUM RAMP FOR CHRISTIAN C. COOL &JENNIFER K. COOL I.N. 32 20160601000460270 GPIN: 2409-09-7975 LOT 218, BAY ISLAND, SECTION TWO M.B. 33 48, PG. 15 CITY OF VIRGINIA BEACH, VIRGINIA," Scale 1" = 20', dated October 11, 34 2021, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as 35 Exhibit "A" and on file in the Department of Public Works, to which reference is made for a 36 more particular description; 37 38 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the City 40 of Virginia Beach and the Cools (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 Cools and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h 51 day of June , 2022. CA15420 PREPARED: 5/6/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d003\p041\00801345.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: b P BL C WOR S, REAL ESTATE D . ARMEYER SENIOR CITY ATTORNEY 2 ,z�ALTH O� CANAL p� G1 HAR BEEN DEDICATED TO G, ALL CANALS AVEHA VIRGINIA r PRINCESS ANNE N1A BEACH,VIRGINIA) �O -EX EDGE OF WATER UP TO NOW CITY OF VIRGI DA : UTLER BULKHEAD AT TIME OF SURVEY FLOOD • c.No. 38395 21) �; 4- SEE SHEET 2 FOR DETAIL EBB �o — ,1,�' t 0 EX VINYL 4, ••\0 1. . z �, EX BOAT LIFT MI BULKHEAD c�- s`SIONAL V, - _ ` js1 NOW OR FORMERLY "..:1;.i.:. ""' LENTON W. SHANKS& NOW OR FORMERLY 511.11N . 115•96 W DANIEL E.WILLIARD, II • N �� 41 °6 MARGARET C. SHANKS & MARY LOU WILLIARD EX VINYL Ex LAMP D.6. 1006, PG. 399 BULKHEAD EX WOOD DOCK FLUSH LOT 219 I.N.20130329000362090 WITH GROUND Z M.B.48,PG. 15 LOT 217 d EX TOP — — w GPIN:2409-09-6947 M.B.48, PG. 15 o OF BANK o 2321 LEEWARD GPIN:2409-09-8991 co LOT 218 v� SHORE DR. 2313 LEEWARD SHORE DR. i EX COVER III °. ;: m .�- a ./ ■ -4 EX SHED � ` EX NATURAL #2317 .t GAS METER EX 2-STORY BRICK & FRAME -4 .:\ .. -......___ ______d 3 f • •L ..74 Q w� •• ,O •.' EX CONCRETE WALK •• • 0 CO .ice" CSC NZ .., /) %�a ' C E , .. Z W. y•• x� i W T P.1. �`, L=160' R=60 0 Q�4,, A,468. DR`F( ROAD Q OF SP LEEWARD SHORE DRIVE (50' RIW) M.B.48,PG. 15 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. EXHIBIT A 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT EXHIBIT SHOWING EXISTING ENCROACHMENT REQUEST ONLY. VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & 3. THE PHYSICAL FEATURES SHOWN WERE LAMP POST AND PROPOSED FIXED WOOD OBTAINED FROM A SITE PLAN PREPARED DOCK, TWO FLOATING WOOD DOCKS, VINYL BY WPL DATED AUGUST 9, 2011. BULKHEAD & ALUMINUM RAMP 0 40 80 FOR Imumimimlimimmmil CHRISTIAN C. COOL & JENNIFER K. COOL I.N. 20160601000460270 PGALLOP GPIN: 2409-09-7975 SURVEYORS & ENGINEERS LOT 218, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1 =40' Date: OCT. 11, 2021 I Sheet: 1 of 2 W:\Cool,Christian&Jennifer-2317 Leeward Shore Drive\Drawings\21-44 Encroachment.dwg,12/1/2021 3:23:42 PM ��v,ALT1/O� O L!• HARBOR CANAL • •2 S HAVE BEEN DEDICRGINIAO .'cP\ U T ALL CANAL CODNT`(,VI DA RE CUTLER pRINCESS AN NE VIRGININ `�' CITY OF VIRGINIA BEACH, w� c.No. 38395 NOW FLOOD -o Cl.. • • '\1-2�,�'� EBB PROPOSED 10'x21.5' 0 4,, ��1-* FLOATING WOOD DOCK ,- \ ONAL E PROPOSED 4'x12' ALUMINUM RAMP PROPOSED 5'x25' 21.50' FLOATING WOOD DOCK - O J Q EX. 12'x12' BOAT LIFT � cg �_ 01 EX EDGE OF WATER 7:-: �• •�, �,,UP TO BULKHEAD 25.00 i 25,00 LP -a cr , 12.00 {► �•� AT TIME OF SURVEY cr cr o - I iJ O. cfl •:�cp.n? (0 •����ii-- Ex. VINYL 11 CP ' t cn t° - QD�� •iii������ii=�f g 6 BULKHEAD • %i%•-�i� 1 1 5. 1 .'����ArAtAri,j�`�.���` 7 7.4 ,D 6" NI 1.35 x 17.61 -I `��� N , PROPOSED 131± PROPOSED 4:-. 15' 2'3, VINYL BULKHEAD 5'x25'WOOD 1 15 Ex. WOOD DOCK EX. LAMP FIXED DOCK FLUSH WITH GROUND 7.84'x15.15' — *REPAIR EX. EX. 1.35'x82.61' VINYL BULKHEAD VINYL BULKHEAD (TOP=3.7'±) AS NEEDED NOW OR FORMERLY DANIEL E. WILLIARD, II & MARY LOU WILLIARD EX. TOP — — -\.-- I.N. 20130329000362090 OF BANK \ NOW OR FORMERLY LOT-217 / LOT 218 CLENTON W. SHANKS & (M.B.48, PG. 15) MARGARET C. SHANKS GPIN:2409-09-8991 _ D.B. 1006, PG. 399 2313 LEEWARD LOT-219 J _ SHORE DR. i (M.B.48, PG, 15) — —_/ GPIN:2409-09-6947 �_ 2321 LEEWARD SHORE DR. tr. �.o.• I EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & LAMP POST AND PROPOSED FIXED WOOD DOCK, TWO FLOATING WOOD DOCKS, VINYL BULKHEAD & ALUMINUM RAMP 0 20 40 FOR limilliiiimimilii CHRISTIAN C. COOL & JENNIFER K. COOL I.N. 20160601000460270 GALLUP GPIN: 2409-09-7975 i_':, P SURVEYORS & ENGINEERS COLONIAL ROAD LOT 218, BAY ISLAND, SECTION TWO 323 FIRSTM.B. 48, PG. 15 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' l Date: OCT. 11, 2021 I Sheet: 2 of 2 W:\Cool,Christian&Jennifer-2317 Leeward Shore Drive\Drawings\21-44 Encroachment.dwg,12/1/2021 3:23:43 PM 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 29th day of April, 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHRISTIAN C. COOL and JENNIFER K. COOL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Site N Two Hundred Eighteen "218" on that certain plat entitled, "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA., LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated October 1958, prepared by Frank D. Tarrall Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2317 Leeward Shore Drive, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain the existing 1.35' x 82.61' vinyl bulkhead, 12' x 12' boat lift, 15.15' x 7.84' wood dock and lamp post, and to construct and maintain a 5' x 25' fixed wood dock, two floating wood docks (10' x 21.5' and 5' x 25'), 13' vinyl bulkhead and 4' x 12' aluminum ramp, collectively the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: NOT ASSIGNED (CITY-OWNED PROPERTY KNOWN AS HARBOR CANAL) 2409-09-7975 (2317 LEEWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Harbor Canal the "Encroachment Area" and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING VINYL BULKHEAD, BOAT LIFT, WOOD DOCK& LAMP POST AND PROPOSED FIXED WOOD DOCK, TWO FLOATING WOOD DOCKS, VINYL BULKHEAD & ALUMINUM RAMP FOR CHRISTIAN C. COOL & JENNIFER K. COOL I.N. 20160601000460270 GPIN: 2409-09-7975 LOT 218, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated October 11, 2021, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Christian C. Cool and Jennifer K. Cool, 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 , 202 , by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 CHRISTIAN C. COOL, Owner JENNIF71: K. COOL, Owner STATE OF CITY/COUNTY OF y 71 Gti3eaC', to-wit: The foregoing instrument was acknowledged before me this,_29- day of , 202Zrby Christian C. Cool and Jennifer K. Cool. (SEAL) No ry Pub 14 ER,,,,,,,,,, Notary Registration Number: -16145U1 •' tibT 0 My Commission Expires: \\\5o i o�2 Rec 8t'4/c. • F.o• 4r9cs� ;fig ' r • 'yyq, OF Mattttttt APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 4risIVIA;UtC)RE A MEYER jW 44h, SENIOR CITY ATTORNEY Imo! DEPARTMENT 7 Niiiv,p,LTIJ Off, CANAL O G1 HARB�BEEN pEpICAT NIAO ALL CANALS H , •'- �` Gr PRINCESS ANNE INIA BEACH,�IRGINIAI O Y CITY VIRG—EX EDGE OF WATER UP TO (NOW FLOODDA '1�`: UTLER BULKHEAD AT TIME OF SURVEY CT ` c.No. 38395 A rn""'- 1,�,2 w� SEE SHEET 2 FOR DETAIL EBBO �, EX VINYL�'�, ��/ 1� z �, EX BOAT LIFT ispOF BULKHEAD s11 `SIONAL��� �_ NOW OR FORMERLY :.% — 96, LENTON W. SHANKS & NOW OR FORMERLY �`�"'— 115• , „ W DANIEL E.WILLIARD, II N 77•41 06 MARGARET C. SHANKS & MARY LOU WILLIARD EX VINYL Ex LAMP D.6. 1006, PG. 399 BULKHEAD EX WOOD DOCK FLUSH LOT 219 I.N.20130329000362090 WITH GROUND Z M.B.48,PG. 15 LOT 217 r EX TOP — �'' GPIN:2409-09-6947 M.B.48,PG.15 o OF BANK . 2321 LEEWARD 7 GPIN:2409-09-8991 -J LOT 218 2313 LEEWARD SHORE DR. U; SHORE DR. EX COVER III m / i EX SHED � ` EX NATURAL #2317 GAS METER EX 2—STORY BRICK & FRAME ' J.:\ . s, ..•.. . 3 ‘V,..•••',• '• - 1., F.: ".. 7! - -.. EX CONCRETE WALK 0DO .. Li c3`, \ (� ;o_ p .:. L=160' R=600' �, 403.5a' 10 TRo�\. Q�� Q`Q pF SPINORIn LEEWARD SHORE DRIVE (50' R/W) M.B.48,PG. 15 1. THIS PLAN WAS PERFORMED WITHOUT EXHIBIT A IS 2. THIS EXHIBIT IS INTENDED FOR AN THE BENEFIT A TITLE REPORT. ENCROACHMENT EXHIBIT SHOWING EXISTING ENCROACHMENT REQUEST ONLY. VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & 3. THE PHYSICAL FEATURES SHOWN WERE LAMP POST AND PROPOSED FIXED WOOD OBTAINED FROM A SITE PLAN PREPARED DOCK, TWO FLOATING WOOD DOCKS, VINYL BY WPL DATED AUGUST 9, 2011. BULKHEAD & ALUMINUM RAMP 0 40 80 FOR ImilMialliiiimmi CHRISTIAN C. COOL & JENNIFER K. COOL I.N. 20160601000460270 GALLUP GPIN: 2409-09-7975 SURVEYORS & ENGINEERS LOT 218, BAY ISLAND, SECTION TWO M.B. 48, PG. 15 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428 8132(757)425-2390 FAX Scale: 1"=40' I Date: OCT. 11, 2021 I Sheet: 1 of 2 W:\Cool,Christian&Jennifer-2317 Leeward Shore Drive\Drawings\21-44 Encroachment.dwg,12/1/2021 3:23:42 PM �� ALTII Off. o G1, R CANAL HARBOR DEDICATED TO _ ALL CANALS H VIRGINIA U DA �R� :UTLER PRINCESS AN A B ACH, VIRGINIA) 'cc\ �` CITY OF VIRGIN • C.No. 38395 SNOW FOOD �' 1 QO . \\- �,,, EBB PROPOSED 10'x21.5' G� .# 1 �G1� FLOATING WOOD DOCK .. \ LP ONAL E PROPOSED 4'x12' ALUMINUM RAMP PROPOSED 5'x25' 21.50' FLOATING WOOD DOCK O am 'o EX. 12'x12' BOAT LIFT a' J f o EX EDGE OF WATER 25.00' a,' :P—• 5.00 ' UP TO BULKHEAD `l 2 AT TIME OF SURVEY f �,�U, c.r U' -.1 i U' Is' 12.00 jl _ rn'o o Zs) o ems--- - c.r •N "P`�^' •° •iii/�' EX. VINYL (1� c�,y r � BULKHEAD I imeni•������"'�f��```��� 41�0 6„ W 1.35 x 17.61 _ \`���� 77' PROPOSED 13'± PROPOSED �'` 15' 2'3� VINYL BULKHEAD 5'x25'WOOD 15. EX. WOOD DOCK EX. LAMP FIXED DOCK FLUSH WITH GROUND 7.84'x15.15' — *REPAIR EX. EX. 1.35'x82.61' VINYL BULKHEAD VINYL BULKHEAD (TOP=3.7'±) AS NEEDED NOW OR FORMERLY DANIEL E. WILLIARD, II & _ MARY LOU WILLIARD EX. TOP — — --V I.N.20130329000362090 OF BANK \ NOW OR FORMERLY LOT-217 / LOT 218 CLENTON W. SHANKS & (M.B.48, PG. 15) - MARGARET C. SHANKS GPIN:2409-09-8991 % D.B. 1006, PG. 399 2313 LEEWARD / LOT-219 SHORE DR. (M.B.48,PG. 15) — GPIN:2409-09-6947 ___ r---....../..-- 2321 LEEWARD SHORE DR. ----: . Z o. EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING VINYL BULKHEAD, BOAT LIFT, WOOD DOCK & LAMP POST AND PROPOSED FIXED WOOD DOCK, TWO FLOATING WOOD DOCKS, VINYL BULKHEAD & ALUMINUM RAMP 0 20 40 FOR CHRISTIAN C. COOL & JENNIFER K. COOL I.N. 20160601000460270 GALLUP GPIN: 2409-09-7975 LOT 218, BAY ISLAND, SECTION TWO SURVEYORS & ENGINEERS M.B. 48, PG. 15 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: OCT. 11, 2021 I Sheet: 2 of 2 W:\Cool,Christian&Jennifer-2317 Leeward Shore Drive\Drawings\21-44 Encroachment.dwg,12/1/2021 3:23:43 PM 41 ITEM— VI.L.8c ORDINANCES/RESOLUTIONS ITEM#72949 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE Temporary Encroachments into a portion of City-owned Property: c. known as Lake Wesley, located at the rear of 569 Virginia Dare Drive re construct and maintain five (5) wood guide pilings, a floating dock, a kayak launch, and to replace and maintain an existing wood ramp and four (4) wood pilings, and relocate an existing floating wood dock DISTRICT 5 (formerly District 6-Beach) Voting. 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY PROPERTY KNOWN AS 6 LAKE WESLEY, LOCATED AT THE REAR OF 7 569 VIRGINIA DARE DRIVE 8 9 WHEREAS, Marguerite W. Dickerson (the "Applicant") desires to construct 10 and maintain five (5) 12' wood guide pilings, a 6' x 20' floating wood dock, a 58.5" x 168" 11 kayak launch, and to replace and maintain an existing 8' x 25' wood ramp with a 4' x 25' 12 wood ramp and four (4) wood pilings, and relocate an existing 10' x 39.95' floating wood 13 dock (collectively, the "Encroachments"), located at rear of her property at 569 Virginia 14 Dare Drive (GPIN: 2426-29-7352). The Encroachments would encroach into a portion of 15 City-owned property known as Lake Wesley (GPIN: 2427-20-6108); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, assigns 26 and successors in title are authorized to construct and maintain the Encroachments into the 27 City's property, as shown on the exhibit entitled: "EXHIBIT A ENCROACHMENT EXHIBIT 28 SHOWING EX. FLOATING WOOD DOCK, WOOD PILINGS &WOOD RAMP AND PROP. 29 FLOATING WOOD DOCK, WOOD PILLINGS & KAYAK LAUNCH FOR MARGUERITE W. 30 DICKERSON LOT 17, PART OF CROATAN BEACH GPIN: 2426-29-7352 M.B. 37, PG. 11 31 CITY OF VIRGINIA BEACH, VIRGINIA," Scale of 1" = 20', dated April 19, 2021, and 32 prepared by Gallup Surveyors& Engineers, a copy of which is attached hereto as Exhibit A 33 and on file in the Department of Public Works and to which reference is made for a more 34 particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions and criteria contained in the agreement between the City of 38 Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Marguerite W. Dickerson and the City Manager or his authorized designee 47 execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h 50 day of June , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: FFUBLIC WO(4tgl) S, REAL ESTATE 0 = 1 ' 7'2j-ram. YER SE I S R CITY ATTORNEY CA15400 R-1 Prepared: 5/16/22 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d003\p041\00801291.doc 2 SEE SHEET 2 EBB FOR DETAIL 0 (TIE LINE BASED ON LOW cy' WATER LINE AS SHOWN ON c-00°E WES L N BAy o,., O "RESUBDMSION OF PART OF OAK " CROATA 11NG wood O CROATAN BEACH", JUNE, 1954) FORM F vA BEACH a• 10 .10,03„ E. (M.B. 37, PG. 11) CI 37 pG 11 108 O = illiZO 4 O APPROXIMATE MLW LINE M.B. 7-20-6 - 00.6 0� tcs 74, G pI N:24 p p1UNG �,• DC W04 , 0 51,-RASD9REO°pG 5w 04. r.- .32 LOT 17 /tMB. 126. 4. �\ (� T(P�C� o I.N.20160623000537970 N S< ---...AL,A 14,F)1\0' ' -Si' QG• o 0 o APPROXIMATE 0 O o�" 0„ 0 5\6�S5 i °°° BVv- , D.H. (F) MLW LINE • 6 \i o NCR CO �'� =1OE of co PIN FOUND 0.4' OUT REVISED DREDGING LIMITS --ONGREt BV�HEA� APPROXIMATE TOP OF BANK (M.B. 126, PG. 53) C D.H. F � IIII _ (Fowl DECK _ - RAMP DECK RAMP 111411 CANOPY 1 ' - NOW OR FORMERLY NOW OR FORMERLY WALTER C. BARCO, TRUSTEE TIMOTHY D. MOODY o DECK I COVERED OF THE WALTER C. BARCO I.N. 200408190132192 PAVILION •I. - LIVING TRUST LOT 16, PART OF I.N. 20150121000052880 CROATAN BEACH W - LOT 18, PART OF z M.B. 37, PG. 11 1-1/2 CROATAN BEACH GPIN: 2426-29-7201 STORY E =.. M.B. 37, Qo BRICK DWELLING PG. 11 --• I O W GPIN: 2426-29-7471 c, NC? #569 • Sri o N ©o� 0 Cr GM.2...: �ALTII 0�, ., O c � ' - - - EM C)' ' Gco f M �,; 2-CAR , r O D.I. -WALL.•• / GARAGE . -Z 0 v DA I- UTLER Z .CONCRETE.DRNEWAY m - W c.No. 38395 Q :10' VEPCO,EASEMENT. - r1..a d o �g21 w� (D:B... 1:91.2,..PG..468) .. :.-:.:: :=11: .c, O �' Q1•1- zz �'4s 6`1� k O= • ONRY WALL - i • . ``'~ NAL V L=99.84' 18 • ■ • - . ❑ R=938 37' S32'46'10"W 90.00' .cZQ`` .R. VIRGINIA DARE DRIVE (50'RAIN) L=10.00 FORMERLY SECOTAN ROAD R=938.37'— M.B. 37, PG. 11 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. 0 30 60 FLOATING WOOD DOCK, WOOD PILINGS & ImilimimMimmimil WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH GALLUP FOR MARGUERITE W. DICKERSON LOT 17, PART OF CROATAN BEACH SURVEYORS & ENGINEERS i 323 FIRST COLONIAL ROAD GPIN: 2426-29-7352 M.B. 37, PG. 11 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' I Date:APRIL 19, 2021 I Sheet: 1 of 2 W:\Dickerson,Marguerite-569 Virginia Dare Drive\Encroachment Exhibit\20-90 Encroachment.dwg,3/24/2022 1:29:35 PM 1. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY MICHAEL L. WILLIAMS DATED JANUARY 14, 2016. 2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 3. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4. ENCROACHMENT AGREEMENT WAS RECORDED IN DEED BOOK 4332 AT PAGE 2131. cL y PROPOSED 6'x20' Z WOOD PROPOSED REPLACE foe° E WE EBAY FLOATING DOCK BOLTED EX. 8'x25' RAMP LAKRLY CRGABe,CH TO EX. FLOATING PILING WITH WITH 4'x25' RAMP FOR CITY OF�A. 11 DOCK 15° BEVEL 37'PG 1 RELOCATE INBZa27-2D�O8 9G.,-) .4/15.'51' EX. 10'x39.95' GP FLOATING DOCK 95 g EX. FLOATING -a. gg• 25 0�/ 4. SEE NOjE 4 WOODEN DOCK Olt 0 O EX. WOOD ---4 b PILING W/METAL . r" ` 0 CAP (4) TYPICAL cD ° w N o ' 43.2�O O u, o 100.10 64,Off„ E RE�pSE uMps rn J .7 = 1 25 7' � � 0 20 pRED�26 PG. 53 LOT 18 m 1 -° PROPOSED �1'8' M.B. 37, PG. 11 (SEE SHEET 1) 6 32' 58.5"x168" o fn KAYAK LAUNCH �� o �\ o LOT 17 '�'� a Q Q L, a I.N.20160623000�37970 85j / �/ 5z Mw O\� O i,+ oo° O o Z O, , ^w / °� Z O O �' a 3 a 3 0 O- 5a� / D a M a M CO , Sj / V\)(\`FA (0 pp0 t °c4 pGONGR�- D.H. (F) / =•13 • PIN (F) o� .� NEAP -� ESE T LOT 16 _` GpNCR ��ckL II O�L M.B. 37, PG. 11 (SEE SHEET 1) liii 1 O APPROf gp K Gi DECK '' Of D.H. (F) w — RAMP 0 o AI _ — — DA . UTLER -Ni�- = - _DECK 1 WALL RAMP c.No.38395 ,� -- CANOPY DECK �O ��'\9 2��' o DECK iSSIONA L V'' EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. 0 20 40 FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH GALLUP FOR MARGUERITE W. DICKERSON SURVEYORS & ENGINEERS LOT 17, PART OF CROATAN BEACH 323 FIRST COLONIAL ROAD GPIN: 2426-29-7352 M.B. 37, PG. 11 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' ( Date:APRIL 19, 2021 I Sheet: 2 of 2 W:\Dickerson,Marguerite-569 Virginia Dare Drive\Encroachment Exhibit\20-90 Encroachment.dwg,3/24/2022 1:29:35 PM 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 , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MARGUERITE W. DICKERSON, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee," even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 17," as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH, PRINCESS ANNE CO, VA," Scale: 1" = 100', dated June of 1954, prepared by C.A. Bamforth, CLS, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 569 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain five (5) 12' wood guide pilings, a 6' x 20' floating wood dock, a 58.5" x 168" kayak launch, and to replace and maintain an existing 8' x 25' wood ramp with a 4' x 25' wood ramp and four (4) wood pilings, and relocate an existing 10' x 39.95' floating wood dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 2427-20-6108 (CITY PROPERTY KNOWN AS LAKE WESLEY) 2426-29-7352 (569 Virginia Dare Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, formerly known as Croatan Bay, 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 consisting of two (2) pages entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILLINGS & KAYAK LAUNCH FOR MARGUERITE W. DICKERSON LOT 17, PART OF CROATAN BEACH GPIN: 2426-29-7352 M.B. 37, PG. 11 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 30', dated April 19, 2021, and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 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 3 the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 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 4 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Marguerite W. Dickerson, the said Grantee, has caused this Agreement to be executed by her signature. 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 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 2-) .oi/tee,:pt_vy ide,44 1L) MARG rRITE W. DICKERSON STATE OF\ qio CITY/COUNTF O. QC , to-wit: The foregoing instrument was acknowledged before me this \\ day of Oprl 1 , 2022, by Marguerite W. Dickerson. OAt►_I!A*,1Ae 1.11 I:' - =L) Notary " •M A 116.10 ASHraw-ENEE HARGROVE Notary Public Commonwealth of Virginia Notary Registration Number: '1c 9OQ c]c1 Registration # 7770977 My Commission Expires May 31,2022 My Commission Expires: 3, ..c;-, I was commissioned a notary ry public as Ashley Renee Hargrove. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 7 2 • /, P i B WO S — REAL ESTATE EYER S R CITY ATTORNEY 7 SEE SHEET 2 �9 FOR DETAIL 0 (TIE UNE BASED ON LOW El/ WATER UNE AS SHOWN ON E r�Es AN BAY p4CK CROATAN"RESUB OF PART OF LAK LY CRoAT • LNG Woo O BEACH", JUNE, 1954) FORMER VA BEACH p�. t i •1 O_Off„ E (M.B. 37, PG. 11) CITY � PG 1 OS p gli2�4 O APP MLW UNE M.B. -20-61 O0.6 0\‘‘A jROXiMATE �cs 7V „pIN.242p p�uNG ��� O O VI': U� �'`- wo� � 2' ��'1 LOT �7 �� rnJ RASED 125. P�• 5 � w/ME� IGP�- `�6 I.N.20160623000537970 . y 6 0• �, T(P -Z Q �4l o � 9 < �\A 9 135i .5l' APPROXIMATE o O ,N' •5a'53°1 D�NEA, _ V0- o MLW LINE.D_0 cp �`i `°° 00 516 i pNpR�e D.H. (F) co_i�' = '�pE pF p PIN FOUND 0.4' OUT REVISED DREDGING LIMITS °O° .-O CRtE BD+�HEAD ______LAPPROXIMATE TOP OF BANK (M.B. 126, PG. 53) p • D.H. (F DECK RAMP sc Mr4.1 w DECK WALLP w 1111 CANOPY DECK NOW OR FORMERLY NOW OR FORMERLY WALTER C. BARCO, TRUSTEE TIMOTHY D. MOODY o DECK COVERED OF THE WALTER C. BARCO I.N. 200408190132192 - PAVILION - LIVING TRUST LOT 16, PART OF I.N. 20150121000052880 CROATAN BEACH LOT 18, PART OF M.B. 37, PG. 11 z CROATAN BEACH GPIN: 2426-29-7201 ,W 1-1/2 STORY ® . • M.B. 37, PG. 11 _Jo ID BRICK DWELLING p w GPIN: 2426-29-7471 ----. o #569 Sri o o N �c❑� GM 4 �►e) v,p,LTI/0 O 0 ` \^c - - - -EMv N Gf O . ''rii .: 2-CAR , G' t D.I. ' WALL ..:::, C r) g' Q a �/ . :_.... GARAGE O (Z Z DA - UTLER CONCRETE:DRIVEWAY'. .i . .':_ W ` c.No. 38395 'T . :10' VEPCO EASEMENT. . • Q c,o 'AD ,fig 2' 4' (D:B...1:91.2,:.PG...268). . 1 .:,:: 16 tr LL- �� O �Z • o • . Wi �4SSj c�01 Z �Ul� � ,J O T� o3 wI- NAL V L=99.84' 1 o ONRY•WALL • R=938 37'F� F'\ S32'46'10"W 90.00' Q .R• VIRGIN/A DARE DRIVE (50'R/W) L=10.00 FORMERLY SECOTAN ROAD R=938.37'- M.B. 37, PG. 11 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. 0 30 60 FLOATING WOOD DOCK, WOOD PILINGS & WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH GALLUP FOR MARGUERITE W. DICKERSON SURVEYORS & ENGINEERS LOT 17, PART OF CROATAN BEACH 323 FIRST COLONIAL ROAD GPIN: 2426-29-7352 M.B. 37, PG. 11 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' l Date:APRIL 19, 2021 I Sheet: 1 of 2 W:\Dickerson,Marguerite-569 Virginia Dare Drive\Encroachment Exhibit\20-90 Encroachment.dwg,3/24/2022 1:29:35 PM 1. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY MICHAEL L. WILLIAMS DATED JANUARY 14, 2016. 2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 3. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 4. ENCROACHMENT AGREEMENT WAS RECORDED IN DEED BOOK 4332 AT PAGE 2131. SL y PROPOSED 6'x20' 12 WOOD PROPOSED REPLACE Fl/0p0 E INE EBAY FLOATING DOCK BOLTED EX. 8'x25' RAMP L-AK Y oA' cH TO EX. FLOATING PILING WITH CR WITH 4'x25' RAMP FORM co OF pG. i i DOCK 15° BEVEL RELOCATE M.B.37' -20-61O8 1N EX. 10'x39.95' SPIN �� ,51,./ eFLOATING DOCK IA v'EX. FLOATING �� 39g5 /� N 4* NOTE 4 WOODEN DOCK 25.0 O SEE O EX. WOOD '• O 4o r......--L o PILING W/METALIni • o CAP (4) TYPICAL ° N \O w 0 43 2 O 0 N w o 1 OO.6 off„ E R�Gg uMgS rn 25�� Q N 20 pREp�2 PC,. 53 LOT 18 PROPOSED MB' 'A.B. 37, PG. 11 (SEE SHEET 1) 5 32' 58.5"x168" a°° o rn KAYAK LAUNCH in,- / .� LOT 17 "'� y , a a �, a I.N.20160623000537970 g5j / �/ �w �w 6\ O i..+ coo O? O Z O. �0 0 - o 0 r 00° Z a 3 a 3 O O,• li S 1 Fj cjaw/ �,p Q Q CO / CON�0- � o D.H. (F) \ / 1 °°°= �0EOF PIN (F) • o� r HEAP gp1X -1 R LT LOT 16 '` CpNC �N/4 1�pFG W.B. 37, PG. 11 , "II K (SEE SHEET 1) 4 1 P•' Of gpN DECK •' OF D.H. (F) w —- RAMP 0oN - - _ DA -VIYS TLER N — DECK 1 WALL RAMP ` c.No. 38395 ,\ r CID mII CANOPY DECK Q0 ��1g 2�,�' 1 Cl) — �ssIONAL �rG o DECK EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EX. 0 20 40 FLOATING WOOD DOCK, WOOD PILINGS & ImillimMIIMINIMmoml WOOD RAMP AND PROP. FLOATING WOOD DOCK, WOOD PILINGS & KAYAK LAUNCH GALLUP FOR MARGUERITE W. DICKERSON LOT 17, PART OF CROATAN BEACH SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD GPIN: 2426-29-7352 M.B. 37, PG. 11 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' l Date: APRIL 19, 2021 I Sheet: 2 of 2 W:\Dickerson,Marguerite-569 Virginia Dare Drive\Encroachment Exhibit\20-90 Encroachment.dwg,3/24/2022 1:29:35 PM 42 ITEM— VLL.9 ORDINANCES/RESOLUTIONS ITEM#72950 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Resolution to RENAME the Bikeways and Trails Advisory Committee to the Active Transportation Advisory Committee and to REVISE the Committee's Composition and Mission Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 A RESOLUTION TO RENAME THE BIKEWAYS AND 2 TRAILS ADVISORY COMMITTEE AS THE ACTIVE 3 TRANSPORTATION ADVISORY COMMITTEE AND TO 4 REVISE THE COMMITTEE'S COMPOSITION AND 5 MISSION 6 7 WHEREAS, the City Council on February 16, 2021, adopted the Active 8 Transportation Plan (the "Plan") for the City of Virginia Beach, updating and replacing the 9 2011 Bikeways and Trails Plan, and the Council is committed to effectively implementing 10 the Plan; and 11 12 WHEREAS, input from citizens, the active transportation community and other 13 parties interested in implementation of the Plan will greatly assist the Council in 14 determining the appropriate course of action to take with respect to such implementation; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That the City Council hereby renames the previously established Bikeways and 20 Trails Advisory Committee (the "BTAC") as the Active Transportation Advisory 21 Committee (the "ATAC"). 22 23 2. That the ATAC shall be comprised of nine members who are residents of Virginia 24 Beach with diverse geographical representation and active transportation interests 25 as defined in the Plan. 26 27 3. That the terms of all such members shall be for three (3) years. 28 29 4. That two high school students shall be appointed to participate in a non-voting 30 capacity for one-year terms on a fiscal year basis, beginning July 1st and ending 31 June 30th of the following year. 32 33 5. That one member each from the Virginia Beach City Council, Planning 34 Commission, and Parks and Recreation Commission shall serve as non-voting 35 members of the ATAC. 36 37 6. That a quorum of the ATAC shall be defined as a majority of then-appointed voting 38 members, but no less than three, and excluding the student members and the 39 other non-voting members. 40 41 7. That the mission of the ATAC shall be to serve in an advisory capacity to City 42 Council with respect to the implementation and coordination of the Active 43 Transportation Plan (ATP) and to coordinate the timely construction of active 44 transportation facilities in accordance with the priorities established by the ATP, to 45 promote a balanced approach between and among various users' interests in the 46 City, and to provide a forum for continued citizen and governmental input in the 47 planning and programming of future active transportation facilities. Specifically, 48 the ATAC shall be charged with the following duties and responsibilities: 49 50 a. Work with local civic groups, interested citizens, non-profit and private 51 sector entities to develop secondary network priorities, linkages, and 52 potential new corridors, 53 b. Work with City staff to review road construction projects to ensure that all 54 roads and bridges, where part of the primary or secondary networks, are 55 constructed, improved or maintained in a manner consistent with the Active 56 Transportation Plan, 57 c. Work with City staff to review the City's Development Ordinances and 58 recommend revisions in consultation with City staff to encourage active 59 transportation related accommodations; 60 d. Identify potential funding sources for proposed projects through various 61 private, local, state and federal programs; 62 e. Provide a forum for direct citizen input in the planning of future active 63 transportation facilities; and 64 f. Focus efforts on achieving completion of the priority projects as identified in 65 the Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of June , 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ./4; Parks and Recreation City Attorney's Office — CA 15845 R-2 May 27, 2022 43 ITEM— VLL.10 ORDINANCES/RESOLUTIONS ITEM#72951 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $1.8-Million of Fund Balance from the General Fund and AUTHORIZE repayment to the Commonwealth of Virginia re a pass-through grant from the Commonwealth's Development Opportunity Fund(COF) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 AN ORDINANCE TO APPROPRIATE $1,800,000 OF 2 FUND BALANCE FROM THE GENERAL FUND AND 3 TO AUTHORIZE REPAYMENT OF SUCH FUNDS TO 4 THE COMMONWEALTH OF VIRGINIA 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $1,800,000 of General Fund Fund Balance is hereby appropriated to the FY 2021- 10 22 Operating Budget of the Department of Economic Development and such funds are to 11 be used to repay the Commonwealth of Virginia for a Commonwealth Development 12 Opportunity Fund grant provided in FY 2018-19. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 fi h day of June , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit tto y's Office CA15834 R-1 May 25, 2022 44 ITEM— VI.L.11 a ORDINANCES/RESOLUTIONS ITEM#72952 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $125,000 from the Virginia Aquarium Foundation to the Capital Project #100463, "Virginia Renewal and Replacement III," re refurbishment of the Seal Tank Exhibit Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $125,000 FROM THE VIRGINIA AQUARIUM 3 FOUNDATION FOR THE REFURBISHMENT OF THE 4 SEAL TANK EXHIBIT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $125,000 is hereby accepted from the Virginia Aquarium Foundation and 10 appropriated, with miscellaneous revenue increased accordingly, Capital Project 11 #100463, "Virginia Aquarium Renewal and Replacement III," to fund the refurbishment of 12 the Seal Tank Exhibit. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 th day of June , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L, Budget and Management Services . Attorney's Office CA15844 R-1 May 25, 2022 45 ITEM— VLL.11 b ORDINANCES/RESOLUTIONS ITEM#72953 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $3,000 from the VB Home Now, Inc. to the FY 2021-22 Cultural Affairs Department Operating Budget re assist with expansion of the Brushworks Program Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $3,000 FROM VB HOME NOW, INC., TO THE 3 DEPARTMENT OF CULTURAL AFFAIRS FOR THE 4 BRUSHWORKS PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $3,000 is hereby accepted from VB Home Now, Inc., and appropriated, with 10 miscellaneous revenue increased accordingly, to the FY 2021-22 Operating Budget of 11 the Department of Cultural Affairs to assist with expansion of the Brushworks Program in 12 partnership with the Department of Housing and Neighborhood Preservation. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of June , 2022. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1�1�i1 Budget and Management Services y y' Office CA15835 R-1 May 25, 2022 46 ITEM— VI.M.1 PLANNING ITEM#72954 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS MODIFIED, AS PROFFERED, AS CONDITIONED, BY CONSENT, Application of REED ENTERPRISES,INC&LIBERTY TRANSMISSION&AUTO CARE,INC/REED ENTERPRISES, INC for a Modification of Proffers to a Conditional Rezoning& Conditional Use Permit re Auto Repair Garage at 3041 Holland Road DISTRICT 2 (formerly District 7-Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA REED ENTERPRISES,INC& LIBERTY TRANSMISSION& AUTO CARE,INC/REED ENTERPRISES,INC for a Modification of Proffers to a Conditional Rezoning & Conditional Use Permit re Auto Repair Garage at 3041 Holland Road DISTRICT 2 (GPIN 1495138628) (formerly District 7-Princess Anne) The following conditions shall be required: 1. The development of the site shall substantially conform with the site plan entitled "SITE LAYOUT TRANSMISSION AND AUTO CARE CENTER FOR NEAL REED 3041 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA,"prepared by SIA and dated 4/3/2022 and with the elevation plans entitled, "LIBERTY TRANSMISSION&AUTO CARE, INC. 3041 HOLLAND ROAD, VIRGINIA BEACH, VA 23453, dated April 5, 2022 and which both have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment,parts or materials shall be permitted. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. No tires for sale, merchandise or parts shall be displayed or stored outside. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises;said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 8. A photometric plan shall be submitted at the time of final site plan review. 9. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning& Community Development for review and ultimate approval prior to the release of the final site plan. June 7, 2022 47 ITEM— VLM.1 PLANNING ITEM#72954 (Continued) 10. A final stormwater plan shall be submitted to the Development Services Center(DSC)for review and approval. 11. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the Zoning Ordinance. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of June Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 R�SD (z<z v� 7 R7.5 / P1 �� . / '11 Q o O2 AG2 • a I R5D7 ^- I 1�1 # © o ,° •• BJ2 ' ° II R5D ` 1�11,1� At�► , ;� B2e' . A AG1 / &IV R5D /„/,op.\Q , / //Ar 11 \r'6. 01 Q0 ° 7 a Q0 °� 0o �'� �/ B2 � - 0 1�1�A�G`2 • Q � 0< LSD oQ0 ,� G> ,yam ° CP00 / ° ii X r ; oo 9 � , o �B2 . IB2 11 `�� V 01 ''s't -, O,/,„Qi� a �r 4.6% ! Or 0 / N �G 2 � t1' \ `�?o � oo O 4 4' AG 2 OQ *6,:--- -i� / , gN\ R�Sp � .a • - ao. \-6 */, /©4 4,6 __Q_ - 7// Q \0[3 , B2 AG 01--"5,,,,',,, . 0 r), / , -\,, ,-2,- R5 D o iii�ir- , 4a� RSDa !r''' . •- A,1,2 �1t '' ER5blAG2- \ R5, .4 . .R�5 , :, coPtaa' 14. Nw �� Site W � E Reed Enterprises, Inc, a Virginia Corporation; .v�J)' Property Polygons S Zoning Liberty Transmission & Auto Care, Inc a Virginia Corporation Building 3041 Holland Road Feet 0 80160 320 480 640 800 960 48 ITEM— VLM.2 PLANNING ITEM#72955 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Ray Odom, representing Prince George Estates Neighborhood, 1904 Tweedsmuir Court,Phone:285-3051, spoke in OPPOSITION Mike Myers, 1961 Chelsea Green Drive, spoke in OPPOSITION Barbara Messner, P.O. Box 514, spoke in OPPOSITION Arleen Painter, 1901 Fairweather Court, Phone: 650-7776, spoke in OPPOSITION Allen Prince, 1868 Chelsea Green Drive, Phone: 589-1519, spoke in OPPOSITION Sandra Shinabarger, 168 Waverly Drive, Phone: 375-5886, expressed concern regarding the number of trees proposed to be removed Upon motion by Council Member Henley, seconded by Vice Mayor Wilson, City Council APPROVED, AS MODIFIED, AS PROFFERED, Application of BT HOLDINGS HI, LLC& PDC TN/FL LPIV, LLC/BT HOLDINGS III, LLC for a Modification of Proffers to a Conditional Rezoning& Rezoning from AG-1 Agricultural District&Conditional I-1 Light Industrial District to I-1 Light Industrial District re an industrial building at Dam Neck Road&Harpers Road DISTRICT 5(formerly District 7-Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BT HOLDINGS HI,LLC& PDC TN/FL LPIV,LLC/BT HOLDINGS III, LLC for a Modification of Proffers to a Conditional Rezoning & Rezoning from AG-1 Agricultural District & Conditional I-1 Light Industrial District to I-1 Light Industrial District re an industrial building at Dam Neck Road & Harpers Road (GPIN 2405631630) DISTRICT 5 (formerly District 7-Princess Anne) The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of June Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 12 I I AG1 AG2 �- - ---L-----=--- - ----- T--d----- Roa _______ ,,„.„---=,, - n2m-Neck- fj: AG1 •,Q R20 a o AG 1 4rt? / 4' • s" / �� R20 /- 4% .'0' --, ' , R2a Q 1 °-(a, 1P I O12 0 '11311SIL 0 ' .cs), c3 -E, ° 'S3. i' N rA Site W*Al& E BT Holdings, Ill, LLC a Virginia Limited Liability Company W'' S Property Polygons Portion of parcel on the Southeast S Zoning corner of Dam Neck Road & Harpers Road Building No immmi Imimm Feet 0 80160 320 480 640 800 960 u U ze,4le CI 7�'I'�\\, ii 3 CV \\ I _ o� 1 ,— CD N , M I - \\ „ co , , ,40, stic . 0/ / NO I o0 \I . , / N . Q '03 'f • i-,,A r� N �0 4-0 O O ■— ° 48AI -isii 1,11i1 Q (DuRS L. to ° CD b 1ir ir)z rir,,1111 eN •� \ . � 0 � VI \4, ./4!'te ...., r., (00,0 E -c not Idyl N O P, ® . ■O 1 d)-,mQ -a1 i0 o 0 sr o.O diciAw , oi a��a o0s Q � ca ,• ©o- °t a o,fN /� CD C v CoA2, 4 o\, oee igro\ ,t4;,..:, ... 8 E Q , Q 1. 7/.' co,ft \'\\ .- 0 L. n, , ..4. ,, fl / ' O' al . \,\ T7\%mei . ../9 0* s) /i 47,*, —i 0. <V•N'Yli , '.. a„—_,--::. IF - 4-.,,r.„c„., 1\ •1 - J = N O OILkc i N N / ``-O' er —i 0 Qr /, Ar , .I\ ._ •41116&` ' - to vein:Lf.:,,...t c.) yI i fir N '7O an O '? � r, ,o\ r:\ O 4 - —L'Ill°e—.0 Ci=,'< >, Ce 4 M. //)/ __i_l_'.._,:: iti.,/74,:.•1 :...,_. ,,___,•_ ..„:,..\ 17,,,,_Tc.„1, m \Li.). r cjo,,,,, , ji7/....,...:1,:), ..,,,,,ce...., 711.,.. ..;,;"---?iiii t--- >, cy) v—/CNI% N.. ' - •iF4,.,---,-.--;.,,.. t a v • 1 I ♦•,I�itv J* ... a. 1 r CO rI l^ CD Ce < o Q O 49 ITEM— VLM.3 PLANNING ITEM#72956 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P.O. Box 514, spoke in OPPOSITION Sandra Shinabarger, 168 Waverly Drive, Phone: 375-5886, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Jones, City Council APPROVED, AS PROFFERED, Application of ASHDON BUILDERS 1, LLC/DAVID & TAMMY LEE Conditional Change of Zoning from AG-1 &AG-2 Agricultural to Conditional R-7.5 Residential re seven-lot subdivision of single-family homes at 2487 North Landing Road DISTRICT 2 (formerly District 7-Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ASHDON BUILDERS 1, LLC/DAVID & TAMMY LEE Conditional Change of Zoning from AG-1 &AG-2 Agricultural to Conditional R-7.5 Residential re seven-lot subdivision of single-family homes at 2487 North Landing Road (GPIN 1494804893) DISTRICT 2 (formerly District 7- Princess Anne) The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of June Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Louis R.Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None June 7, 2022 B1 Ate' L' v - \B1/ 020 AG2 )5/: o •N,, P 1 R51 O , R5D Q O R5D OQ B1A )-4a /i&° ?.C2/ P 1 >/ < ..1` 02 � P 1 O /d� 0 \\ .0. 0-if � QQ P1 N- - 0 OP1 - A62 ,AG2 ,i o \\ \ ,, 0 02 --'-\ KG2B1 AG-1 AG2 `, 42 / aiP- 1-90/ \ca , ` / A --- s' ' �l - �O AG 1 o t\\ R5SAG2 0) ,0 / d -1 - \c\oi;$, \ 0\ \ 0 o(Psd‘ AG2 o AG1 %9 \, AG1 '�` AG2 N i, Site w-A f: Ashdon Builders 1 , LLC , _W Property Polygons 2487 North Landing Road s Zoning Building — immim iiim mi.Feet 0 55110 220 330 440 550 660 50 ITEM— VLM.4 PLANNING ITEM#72957 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application ofMAEGAN CAHOON for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 108 DISTRICT 6(formerly District 6-Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MAEGAN CAHOON for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 108(GPIN 24280514483820) 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 108,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 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. June 7, 2022 51 ITEM— VLM.4 PLANNING ITEM#72957 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million dollars. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million dollars 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. June 7, 2022 52 ITEM— VLM.4 PLANNING ITEM#72957 (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 smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the Short Term Rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of June Two Thousand Twenty Two. June 7, 2022 53 ITEM— VLM.4 PLANNING ITEM#72957 (Continued) Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None June 7, 2022 7°, \R vt-1\ ou - -- ---T- 7:, Tr\ 1,,p- -\ vitior-aid W \ \ - ..6 av v OR Q OR_ , Ca; I ' ''\ NO \ ', \ t 7 T\,iti \\ ' V3 6)\ 'r .... ' \ Lt om. L - • * \t . OR A\•1: ;:..; , t• i• -C-- �oss 1 tree s • myth_S 1�8 OR 1%�IA 0 A=18 . OR R7.5 ° - et V__• tree t ____ I- - cit,R2.5 0 •0 ,39. A;142 - • `' OR OR , 0 p +�* R5D � •. R`2'0 �_ v !�. OR R7.5 OR N V' Site W r�1� E Maegan Cahoon �0 Property Polygons 4005 Atlantic Avenue, Unit 108 S Zoning Building - ill milimiliFeet 0 55110 220 330 440 550 660 54 ITEM— VIA APPOINTMENTS ITEM#72958 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD STORMWATER APPEALS BOARD STOP INC. TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD June 7, 2022 55 ADJOURNMENT ITEM#72959 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:34 P.M. Terri H. Chelius Chief Deputy City Clerk Liii Alai Amaig Barnes, MA Robert M. Dyer City Clerk Mayor June 7, 2022 56 OPEN DIALOGUE Christopher Lawall, 400 Gotham Road, Phone:289-4101, distributed a petition to City Council requesting a stop order on The Franklin Johnston Group's development project located near Birchwood Gardens, attached hereto and made a part of the record. Barbara Messner, P. O. Box 514, spoke concerning due process. Henry Finman, 2317 South Wolfsnare Drive, Phone: 675-5030, spoke concerning his research project as part of the Legal Studies Academy at First Colonial High School involving City street names in the Great Neck area named after Civil War Generals and their impact. Auntie Advocate, Phone: 632-5697, did not respond Celeste Murphy Green, 1149 Selwood Drive, Phone: 553-0943, expressed opposition to the Violet Bank Trail approved to be developed in the Bellamy Woods Neighborhood. Dave Parker, 1201 Candlewood Drive, Phone: 630-7356, expressed opposition to the Violet Bank Trail approved to be developed in the Bellamy Woods Neighborhood. Jessica Hitt, 1133 Homestead Drive, Phone: 672-1485, expressed opposition to the Violet Bank Trail approved to be developed in the Bellamy Woods Neighborhood. JR Donnelly, 4419 East Honeygum Court, Phone: 845-988-6614, did not respond ADJOURNED at 9:02 P.M. June 7, 2022 K . Petition to Appeal Conditional Use Permit / Site Plans for Franklin Johnston Group Management & Development, LLC specific to 3808 and 3820 Virginia Beach Blvd / 309 & 329 Birchwood Park Drive Petition summary and To Virginia Beach City Council, background We the undersigned request an immediate stop work order on any proposed building plans and for a re-evaluation of the Conditional Use Permit for Franklin Johnston Group Management & Development, LLC to build a 4-story building at 3808 & 3820 Virginia Beach Blvd/309 & 329 Birchwood Park Drive. The affected residents of this proposed development were NOT properly notified, and it was approved during the height of COV1D-the residents of Birchwood Gardens request the site and conditional use permit be revised to limit construction to a 1-story building to preserve neighborhood home values, zoning and required buffering. Action petitioned for We. the undersigned, are concerned citizens who urge our leaders to act now to limit construction to a 1-story building to preserve neighborhood buffering to commercial property. Printed Name Signature Address Comment Date yoo zN !�U 7s 7-2g —y/ '/ (I,ilats LaWA(4_ 0,,___-- ---- ,deG�va/S. GH�.v4� qi6. S�//Z Z. tn�► 8e�r�., vw �3�lSZ Y of a4 iA tl. ?a' feK, : f yew e- c 5617 L `?ekiiZellvitc_44 .=� L‘ t//f 13 r 0 c4 i VA z t`f c Z e27Z4Lt4D/6: 5-- p1 4 ,QoQ, l Er GS� u _U� r yes 64fC 1 S 83 &Li7 2_ Iittill V3 , -- 167 S z 3`4S=Z 57 �6 -o3 57 1/:).--) _ / q-1 3 Ca p�`n'` ckI�f - A- 51 ► 2 z, (,\. 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