HomeMy WebLinkAboutJUNE 21, 2022 FORMAL SESSION MINUTES e.
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 21, 2022
Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber,
Building 3, on Tuesday, June 21, 2022, at 3:00 P.M
Mayor Dyer expressed today is a sad day due to the passing of Council Member Louis R. Jones on June
18, 2022. Mayor Dyer advised good government depends on good people to do the right things and believes
everyone can agree that Louis Jones was the epitome of the right man for the right season that helped guide
this City. Mayor Dyer advised during City Council Comments, the Body will need to discuss the timeline
for filling Council Member Jones's seat. Mayor Dyer advised, at the beginning of the Formal Session and
with the Body's consent, there will be a moment of silence and following the Presentations, the Body will
be given time to make comments reflecting on the life of Council Member Jones.
Council Members Present:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
2
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
3:02 P.M.
Mayor Dyer welcomed Robert J. Tajan, Director. Mr. Tajan expressed his appreciation to City Council
for their continued support:
114
Planning Items
July 5th& 12t1'City Council Meetings
There are five (5)Planning Items scheduled for July S`":
SUMMARY — July 5th
5 Planning items scheduled for City Council's consideration
1.Hendricks Family Dentistry,PC-District 8,formerly Lynnhaven
• Change in Nonconformity
• Recommended for Approval by Planning Commission&Staff
2.Eyes On You Artistry By Breona Au'nice,LLC-District 9,
formerly Kempsville !.
• Conditional Use Permit(Tattoo Parlor) ''""'"'""'" '"'"'""•"`
• Recommended for Approval by Planning Commission&Staff . "'"""'"''0i";:'"
•
Chery�w Sn Tee Hem Mra.nw
3.Alexis Morales-Cruz-District 2,formerly Princess Anne _
• Conditional Use Permit(Family Day-Care Home) s
• Recommended for Approval by Planning Commission&Staff
4.The Hertz Corporation-District 6,formerly Beach •
• Conditional Use Permit(Motor Vehicle Rentals)
• Recommended for Approval by Planning Commission&Staff
5.Cheryl Scott-District 9,formerly Bayside
• Conditional Use Permit(Tattoo Parlor)
• Recommended for Approval by Planning Commission&Staff
2
.14111111
June 21, 2022
3
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
HENDRICKS FAMILY DENTISTRY, PC ITEM
Council District:District 8,formerly Lynnhaven
Location: 737 Little Neck Road
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CHANGE IN NONCONFORMITY
Staff recommends Approval
3
Planning Commission voted 8 to 0 to recommend A
try
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• Request for expansion of a nonconforming use—dentist • Exterior building materials to match those of existing
office operating since 1966 on residentially-zoned parcel structure
along Little Neck Road
• Parking requirements accommodated on-site
• Previous expansion approved by City Council in 2007
• Conditions recommended related to screening&
• Proposal to add 533 additional square feet for 2 additional buffering,trash removal
examination rooms,office&storage spaces t
HENDRICKS FAMILY DENTISTRY,PC • ITEM 1
June 21, 2022
4
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
EYES ON YOU ARTISTRY BY BREONA ITEM
AU'NICE, LLC 2
Council District: District 9, formerly Kempsville
Location: 1270 Diamond Springs Road, Suite 113
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CONDITIONAL USE PERMIT(Tattoo Parlor)
Staff recommends Approval 5
Planning Commission voted 8 to 0 tore,_
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• Request for a Conditional Use Permit for a Tattoo Parlor,specifically microblading,for the application of
permanent make-up within a unit in the Diamond Springs Shoppes shopping center along Diamond Springs Road
• No changes to exterior of building or signage
• 2 letters of opposition;1 noting concerns that an approval will lead to other"adult only"uses inappropriate
near residential area 6
EYES ON YOU ARTISTRY BY BREONA AU NICE,LLC ITEM 2
June 21, 2022
5
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
ALEXIS MORALES-CRUZ ITEM
Council District: District 2, formerly Princess Anne
at Locion: 3049 Barberry Lane
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CONDITIONAL USE PERMIT(Family Day-Care Home)
Staff recommends Approval
Planning Commission voted 8 to 0 tori
•
• Request for a Conditional Use Permit for in-home daycare for up to 12 children in the
applicants single-family dwelling in the Lake Placid neighborhood
• Ample area in driveway to accommodate drop-offs&pick-ups
• Rear yard fenced for safe outdoor activities
• No known opposition 8
ALEXIS MORALES-CRUZ ITEM 3
June 21, 2022
6
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
THE HERTZ CORPORATION ITEM
Council District: District 6, formerly Beach
Location: 1940 Laskin Road, Suite 308 4
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CONDITIONAL USE PERMIT(Motor Vehicle Rentals)
Staff recommends Approval 9
Planning Commission voted 8 to 0 to reco men
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• Request for Conditional Use Permit for Motor Vehicle • 10 vehicles limited to sedans,pick-up trucks,&SUVs
Rentals in unit within Regency Shopping Center along
Laskin Road • Box trucks,trailers,&moving vans prohibited
• Proposal includes parking for up to 10 vehicles for • Hours of operation similar to other uses in shopping
rent in designated parking area out of view of right- center
of-way&no conflict with customer/employee
parking • No known opposition 1p
THE HERTZ CORPORATION ITEM 4
June 21, 2022
7
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
CHERYL SCOTT ITEM
Council District: District 9, formerly Bayside
Location: 544 Independence Boulevard 5
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CONDITIONAL USE PERMIT(Tattoo Parlor)
Staff recommends Approval
Planning Commission voted 8 to
• Request for a Conditional Use Permit for a Tattoo Parlor,specifically microblading,for the application
of permanent make-up within an existing salon in the Pembroke Shoppes Shopping Center along
Independence Boulevard
• No changes to exterior of building or signage
• No known opposition 12
CHERYL SCOTT ITEM 5
June 21, 2022
8
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
There are six(6)Planning Items scheduled for July 12th:
SUMMARY - July 12th
6 Planning items scheduled for City Council's consideration
1.Craig M.&Kris C.Kirby-District 5,formerly Beach
• Street Closure
• Recommended for Approval by Planning Commission&Staff
2.Victoria Koziol-District 5,formerly Beach •-
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff `
3.Longcreek,LLC-District 6,formerly Beach
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff 1
44411\Kne R•e.
4.Thomas C.LoPresti-District 6,formerly Beach
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff
5.Craig&April Dean-District 6,formerly Beach
• Conditional Use Permit(Short Term Rental)
• Recommended for Approval by Planning Commission&Staff
6.City of Virginia Beach
• Zoning Ordinance amendment to add terms related to Energy Storage Facilities.Zoning Ordinance
amendment to add requirements to Energy Storage.Zoning Ordinance amendment to include Energy
Storage Facilities as a permitted use with a Conditional Use Permit in I-1&1-2 Industrial Districts 13
• Recommended for Approval by Planning Commission&Staff
CRAIG M. & KRIS C. KIRBY ITEM
Council District. District 5, formerly Beach
Location: 7.5-foot by 75-foot of an unimproved alley adjacent to 631
Vanderbilt Avenue
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STREET CLOSURE
Staff recommends Approval 14
Planning Commission voted 8 to 0
June 21, 2022
9
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
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• Request Street Closure of alley behind applicant's property in the Croatan neighborhood
• Proposal to close 563 square feet&incorporate into applicant's property
• Conditions include providing a drainage easement for possible future needs
• No objections from Viewers,no known opposition 15
CRAIG M.&KRIS C.KIRBY ITEM 1
VICTORIA KOZIOL ITEM
Council District:District 5, formerly Beach
2
Location: 901-C Pacific Avenue
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CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to_, to recommend A rov is
June 21, 2022
10
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
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Darklrtg Space 1
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• Request for Conditional Use Permit for 2-bedroom Short Term Rental
• 1 parking space provided on-site,1 space provided in adjacent 9th Street Garage
• 10 Conditional Use Permits for Short Term Rentals previously approved in this condominium 2 blocks from Boardwalk
• No known opposition
17
VICTORIA KOZIOL ITEM 2
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18
VICTORIA KOZIOL ITEM 2
June 21, 2022
11
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
LONGCREEK, LLC ITEM
Council District:District 6, formerly Beach
Location: 4005 Atlantic Avenue, Unit 218 3
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CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 81,g 0 to recommend A r 79
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• Request for Conditional Use Permit for 1-bedroom Short Term Rental in Oceans II Condominiums at 40th
&Pacific at end of boardwalk&adjacent to Atlantic Ocean
• 1 required parking space provided in assigned space across 40th Street Connector Park
• 11 previous Conditional Use Permits approved within condominium
• 2 letters of opposition received noting concerns r oncentration of use,safety,unpermitted u 20
LONGCREEK,LLC ITEM 3
June 21, 2022
12
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
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21
LONGCREEK,LLC ITEM 3
THOMAS C. LOPRESTI ITEM
Council District:District 6, formerly Beach
4
Location: 425 21st Street
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CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to 0 to recommend A rov
June 21, 2022
13
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
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• Request for Conditional Use Permit for a 4-bedroom Short Term '•"^•,.
Rental along 21"Street in single-family dwelling constructed in
1960 r�
rem
21ST STREET(1112.MN)
awrerav 13 .1.xuArrE ANNUM
• All 4 required parking spaces accommodated on-site via alley
• Within Residential Parking Permit Program boundary
• 5 letters of support,no known opposition
23
THOMAS C.LOPRESTI ITEM 4
2ttaytr 20 St,.--
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Short Term Rentals
cuOr 190%tees O c o
et se
24
THOMAS C.LOPRESTI ITEM 4
June 21, 2022
14
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
CRAIG & APRIL DEAN ITEM
Council District:District 6, formerly Beach
5
Location: 515 20th Street
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CONDITIONAL USE PERMIT(Short Term Rental)
Staff recommends Approval
Planning Commission voted 8 to to recommend A rov 25
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• Request for Conditional Use Permit for a 2-bedroom Short Term Rental
along •20th Street for rear unit of a duplex constructed in 1972 -2-Bedroom e
2 P spaces��Pee
Parting Area along
Alleyway
• 2 required parking spaces for Short Term Rental accommodated on-site
via improved alley of 20 34 Street
• Within Residential Parking Permit Program boundary soy"'
• No known opposition 26
CRAIG&APRIL DEAN ITEM 5
June 21, 2022
15
CITY MANAGER'S BRIEFING
PENDING PLANNING ITEMS
ITEM#72975
(Continued)
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27
CRAIG&APRIL DEAN ITEM 5
CITY OF VIRGINIA BEACH ITEM
6
An Ordinance to amend Section 111 of the City Zoning Ordinance
to add terms related to Energy Storage Facilities & Section 1001
An Ordinance to add Section 225.02 to the City Zoning Ordinance
to add Energy Storage Requirements
An Ordinance to amend Section 1001 of the City Zoning
Ordinance to include Energy Storage Facility as a use permitted
with a Conditional Use Permit in the I-1 & 1-2 Industrial Districts
28
Mayor Dyer expressed his appreciation to Mr. Tajan for the presentation.
June 21, 2022
16
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#72976
3:18 P.M.
Mayor Dyer advised as the discussion to fill Council Member Jones's seat is a personnel issue, it will be
discussed during the Closed Session.
June 21, 2022
17
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#72977
(Continued)
Council Member Moss advised he attended a meeting today with Council Member Berlucchi, City Manager
Duhaney, Deputy City Manager Adams and members of the Hampton Roads Economic Development
Alliance and will bring the results of the meeting forward at a later date once the consensual details of the
meeting are drafted and formalized.
June 21, 2022
18
CITY COUNCIL DISCUSSION/INITIATIVES
ITEM#72978
(Continued)
Council Member Wooten distributed copies of the drafted Ordinance "Authorizing the City Manager to
Erect Signs Discouraging Motorists from Giving Money to Panhandlers", attached hereto and made a part
of this record. Council Member Wooten advised the primary purpose of the proposed Ordinance is to
address safety concerns.
June 21, 2022
Requested by Councilmember Wooten
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 ERECT SIGNS DISCOURAGING MOTORISTS FROM
3 GIVING MONEY TO PANHANDLERS
4
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7
8 That the City Manager is hereby authorized and directed to erect and maintain, at
9 proper places within City rights of way, appropriate signs discouraging motorists from
10 giving money to panhandlers. Such signs shall be placed in locations where, in the
11 judgment of the City Manager, it would be unsafe for motorists to give money to
12 panhandlers; and
13
14 That the signs erected pursuant to this ordinance shall read, "Please do not
15 encourage panhandling by giving money from your vehicle. If you are experiencing a
16 housing crisis, call the Housing Crisis Hotline at (757) 227-5932."
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA15857
R-1
June 17, 2022
19
AGENDA REVIEW SESSION
ITEM#72979
3:45 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
K. ORDINANCES
1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned Property at
4`h Street and Atlantic Avenue with Ocean Water LLC for one (1) year, with four (4) one-year
renewal options re overflow parking
2. Ordinance to INCREASE and REALIGN certain parking fees for implementation of a Resort
Area Mobility Plan (RAMP) re operation,infrastructure replacement,and maintenance
3. Ordinance to PROVIDE direction to the City Manager re individual assistants for City Council
Members(Requested by Council Members Henley and Moss)
4. Ordinance to AWARD a $5,000 Community Services Micro-Grant to New Vision Youth Services
Inc. re support their Youth Uplift Project Expansion II(Requested by Council Member Berlucchi)
5. Ordinances re Compensation to City Council Appointees effective July 1, 2022:
(Requested by the City Council)
a. City Manager
b. City Attorney
c. City Clerk
d. City Auditor
6. Ordinance to EXTEND the date for satisfying the conditions re closing a street dedication
adjacent to Norfolk&Southern Corp. right-of-way and a private road northeast of Tolliver Road
for DHW Joint Venture, L.L.C.
7. Ordinance to APPOINT three(3)viewers for one-year terms beginning July 1, 2022, re view each
street or alley proposed to be closed
8. Ordinances to AUTHORIZE Temporary Encroachments into a portion of
a. City-Owned Property known as Treasure Canal, located at the rear of 2237
Leeward Shore Drive re maintain existing pier walkway and pier platform,
and to construct and maintain a covered boat lift DISTRICT 8 (formerly
District 6-Beach)
b. City Property known as Lake Rudee, located adjacent to property owned by
Joseph J. Lamontagne re construct and maintain rip-rap, wood open sided
boathouse, wood pier, wood wharf, and wood pier DISTRICT 5 (formerly
District 6-Beach)
June 21, 2022
20
AGENDA REVIEW SESSION
ITEM#72979
(Continued)
9. Ordinance to ACCEPT and APPROPRIATE $80,000 of American Rescue Plan Act (ARPA)
funding from the Commonwealth to the FY 2021-22 Department of Human Services Operating
Budget re information technology infrastructure
K. ORDINANCES:
ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO JULY 5, 2022
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#4 WILL BE CONSIDERED SEPARATELY
June 21, 2022
21
AGENDA REVIEW SESSION
ITEM#72929
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
L. PLANNING
1. T-MOBILE CAMPUS EAST COMMUNITY ASSOCIATION, INC for a Modification of
Conditions re communication tower at 5642 Campus Drive DISTRICT 4 (formerly District 2-
Kempsville)
2. A UTOBELL CAR WASH, LLC/BRENNEMAN FARM RETAIL ASSOCIATES, LLC for a
Conditional Use Permit re develop car wash facility at 4577 South Plaza Trail DISTRICT 1
(formerly District 2-Kempsville)
3. SUITE MANAGEMENT FRANCHISING,LLC/HILLTOP SQUARE INVESTORS,LLC for a
Conditional Use Permit re tattoo parlor at 550 First Colonial Road, Suite 23C DISTRICT 6
(formerly District 6-Beach)
4. Ordinance to ADD Section 209.5, DELETE Section 242.1 and AMEND Section 901 of the City
Zoning Ordinance(CZO)re tattoo parlors and body piercing establishments as permitted uses in
B-2 Zoning CAR SPA, INC/GENERAL BOOTH VENTURE GROUP,LLC for a Conditional
Use Permit re car wash facility at the northeast corner of General Booth Boulevard&Prosperity
Road DISTRICT 5 (formerly District 6-Beach)
L.PLANNING:
ITEM#4 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL
June 21, 2022
22
ITEM#72980
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope of
such contract, where discussion in an open session would adversely affect
the bargaining position or negotiating strategy of the public body pursuant
to Section 2.2-3711(A)(29)
• East Coast Surfing Championship
LEGAL ADVICE: Consultation with legal counsel employed or retained
by a public body regarding specific legal matters requiring the provision
of legal advice by such counsel pursuant to Section 2.2-3711(A)(8).
• Council Vacancy
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
• Council Vacancy
• Real Estate Assessor
June 21, 2022
23
ITEM#72980
(Continued)
Upon motion by Council Member Moss, seconded by Vice Mayor Wilson, City Council voted to proceed
into CLOSED SESSION at 3:34 P.M.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
Closed Session 3:34 P.M. — 5:57 P.M.
June 21, 2022
24
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JUNE 21,2022
6:00 P.M.
Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City
Council Chamber, City Hall, on Tuesday, June 21, 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, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
MOMENT OF SILENCE: Mayor Dyer requested a moment of silence to honor Council Member Louis
R. Jones.
INVOCATION: Dr. Norm Holcomb, United States Navy Chaplain (retired)
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 21, 2022
25
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 21, 2022
26
ITEM— v E
CERTIFICATION
ITEM#72981
Upon motion by Council Member Moss, seconded by Vice Mayor Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
0.N1A•BFAC
5
4
t � e
s
d OF OUR NO"'
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#72980 on Page 23 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.
A ilk
-s,
ity Clerk
June 21, 2022
27
ITEM— V.F.1
MINUTES
ITEM#72982
Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED
the MINUTES of the INFORMAL and FORMAL SESSIONS of June 7,2022
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
28
ITEM— V.F.2
MINUTES
ITEM#72983
Upon motion by Member Branch, seconded by Council Member Moss, City Council APPROVED the
MINUTES of the SPECIAL FORMAL SESSION of June 14,2022
Voting: 9-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Guy K.
Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Abstaining:
Aaron R. Rouse
Council Members Absent:
None
June 21, 2022
29
ITEM— V.G.1
MAYOR'S PRESENTATIONS
ITEM#72984
Mayor Dyer welcomed Jina Gaines Templeton, Media and Communications Coordinator. Mrs. Templeton
expressed her appreciation to City Council for their continued support. Mrs. Templeton advised this month
highlights the people, events and years between 1988 - 1992 as part of the Nostalgic Virginia Beach
Campaign to celebrate the City's 60`h anniversary. Mrs. Templeton played a short video of the City's
history between 1988—1992 and turned the presentation over to Mayor Dyer to present citizen awards.
60t ANNIVERSARY AWARDS
Council Member Holcomb, on behalf of Mayor Dyer, welcomed Frank Drew and read the Proclamation
recognizing Mr. Drew for his service to the City for nearly 30 years, with eighteen (18)years in the Police
Department and another ten (10)years as the City's Sheriff Mr. Drew was instrumental in the founding
of the Police Departments Mounted Patrol Unit. As Sheriff,Mr. Drew modernized the Sheriff's Department
through the implementation of professional uniforms, updated weapons and equipment, instituted formal
training and through the development of programs such as the Volunteer-Staffed Auxiliary Deputy Program
and the Sher 's Workforce, which takes inmates who volunteer for the program out into the community to
provide landscaping services to City property. Mr. Drew's service to the community, unwavering
support and tireless efforts, elevated the profile of the City of Virginia Beach and exemplifythe model of
citizenship and today he is the recipient of the "Virginia Beach Diamond Award". Council Member
Holcomb called upon the citizens and members within government agencies,public and private institutions,
business and schools in Virginia Beach to be of service for the benefit and betterment of the community so
that future generations can appreciate and further uplift our beloved City of Virginia Beach.
Mr. Drew expressed his appreciation to City Council for this recognition and award.
Vice Mayor Wilson, on behalf of Mayor Dyer, welcomed C. Mac Rawls and read the Proclamation
recognizing his long-time commitment to the City. Mr. Rawls served as an educator with Virginia Beach
City Public Schools and was pivotal in the development of the Virginia Marine Science Museum, known
today as the Virginia Aquarium & Marine Science Center. Following his retirement, Mr. Rawls was
selected to lead the Virginia Aquarium as the facility's Executive Director and assisted in implementing
the Stranding Response Program to coordinate the responses for all marine mammals who come ashore.
Mr. Rawls later served as Director of the Virginia Beach Department of Museums and Cultural Affairs,
which included oversight for the City's historic houses, the Contemporary Art Center, the Old Coast Guard
Station and the Atlantic Wildfowl Heritage Museum. Mr. Rawls exemplifies the model of citizenship and
today is the recipient of the "Virginia Beach Diamond Award". Vice Mayor Wilson called upon the citizens
and members within government agencies,public and private institutions, business and schools in Virginia
Beach to be of service for the benefit and betterment of the community so that future generations can
appreciate and further uplift our beloved City of Virginia Beach.
Mr. Rawls expressed his appreciation to City Council for this recognition and award.
June 21, 2022
,. „( ,,, .. v
Nsit.
' , °0 OUR Ado
la
totiamatton
Whereas Former Virginia(Beach police officer and Shenff'FrankDrew served the city honorably for nearly 30
years,with 18 years in the Police Department and 10 years as the City's Sheriff;and
Whereas: ErankfDrew,as an officer,was instrumental in the founding of the Virginia Beach Police
Department's.MountedPatrol'Unit;and
Whereas: During DDrew's tenure as Sheriff,his vision and leadership helped the Sheriffs Office become the
outstanding organization it is today.LIle made positive strides in the efficiency and modernization of
the office by transitioning to professional-uniforms,moving to electronically stored documents,
updating weapons and equipment,formalizing training for civil-processes to include firearms and-
driving instruction,andpartnering deputies who served processes to improve safety;and
Whereas: .Ife also pioneered invaluable community programs, believing strongly that citizens should receive
better service for their tax dollar,a philosophy that he incorporated into the Sheriffs Office mission.
7fe instituted the volunteer-staffed auxiliary deputy program,which provided nearly 12,000 hours of
service annually and saved taxpayers more than$170,000.Jfe also created the Sheriffs Workforce
whereby inmate volunteers provide landscaping services for City properties;and
Whereas: (Drew oversaw the opening of a new annex in 1990 for housing inmates with minor charges as well
as the opening of a new Correctional Center adjacent to the existing facility in April of 1992;and
Whereas: Drew was made one of the Commonwealth's first"2frgh Constablees"in addition to"Sheriff"by the
'Virginia General-Assembly in 1996;and
`Whereas: (Drew,while Sheriff,was honored with a.Yuman(hts Award from the'Virginia Beach 2fuman
cR gi hts Commission for his workon the Consumer eZ'Family Advocacy Coalition;and
Whereas: "Nostalgic VB"is a celebration of Virginia Beach pioneers and residents leading up to the 60th
anniversary of our great city in January 2023.
Now,Therefore I,Robert 11. "Bobby"Dyer, Mayor of the City of Virginia Beach,Virginia,do hereby proclaim
FrankTirew
Recipient of the 'Virginia Beach cDiamondAware
i
i In Virginia Beac,and call upon the citizens and members within government agencies,public and private
institutions, businesses,and schools in Virginia(Beach to 6e of service for the benefit and betterment of the
+t community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach.
• In Witne.ss Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,
Virginia, to be affixed this Twenty-cFirst Day of June,Two Thousand andTwenty-Iwo.
!/ \ f r 7
•.ems_I
s '" Rbert�1. "Bobby"Dyer
Wayor
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0I��BEAQ
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, 4,v.e.- NNsit
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.{
Or- OUR Pl0,0
111-11 rodamatton
Whereas: C.Mac(mewls has dedicated his fife in service to the City of Virginia Beach as an unwavering
advocate of science,education,nature,and the arts;and
Whereas: .Ile has been a devoted educator with Virginia Beach City Public Schools from teaching elementary
sciences to serving as the first principal at Point of View and EairfieldElementary Schools;and
Whereas Rawlsis a visionary who,when the School Board requested a science resource room,led the panel to
1
propose and champion instead the development of the Virginia Marine Science Museum;and
Whereas: Rawls was selected to lead the Virginia Aquarium as the facility's executive director and later as the
Director of the Virginia Beach Department of Museums and Cultural Affairs which included
oversight for the City's historic houses and museums.And,under his 23-year tenure he spearheaded
the initial$2-miQron capital campaign to fund the exhibits and then efforts to grow the museum to
become one of the top marine facilities in the country consistently drawing more than 600,000
tickethofders annually by the time he retired and
Whereas: .Ile also advanced the aquarium's conservation-through-education mission with the addition of
wildlife boat trips, the Stranding(;sponse Program,and the 1996 Phase II expansion,which
effectively tripled the facility's size to 120,000 square feet,adding more than 45 acres of land as well
as two buildings and the connecting nature trail over Owls CreekMarsh;and
Whereas: Even forlawing his retirement,mewls continued to devote himself to making Virginia Beach a better
place to live and visit serving in a variety of ways,among them as the chairman of the focal
committee celebrating 400'6 anniversary of first landing at Cape Xlenry by English Settlers,chairman
of the Cavalier MotelTaskcForce,the Vice(President of the Board of the tilitaryAviation Museum,
a board member of the Virginia Beach Art Center and as the first chair of the City's 91istoric
(Preservation Commission—a commission he continues to serve on to this day;and
'Whereas: `Nostalgic VB"is a celebration of Virginia Beach pioneers and residents leading up to the 60tfi
anniversary of our great city in January 2023.
Now,Therefore I,Robert M. "Bobby"Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim:
C. %lac Wok
cipient of tfie "Virginia Beach Diamond Award"
In Virginia Beach,and I call upon the citizens and members within government agencies,public and private
institutions, businesses,and schools in Virginia Beach to be of service for the benefit and betterment of the
community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach.
In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,
Virginia, to be affixed this Twenty-first Day of June,Two'Thousand and Twenty-Two.
1 1 J
t i
- - /z 74'Id"), c‘7,
n Wobert M. "Bobby"Dyer
Mayor
r�af'`' .',
30
ITEM— V.G.2
MAYOR'S PRESENTATIONS
ITEM#72985
RESOLUTION IN RECOGNITION
RONALD D.AGNOR
Mayor Dyer welcomed Ronald D. Agnor, Real Estate Assessor, and read the Resolution recognizing Mr.
Agnor for his seventeen (17)years of service to the City beginning in 2005 as the Assistant Real Estate
Assessor and then in 2018 when he became the fourth City Real Estate Assessor appointed by City Council
since the creation of the office. Mr. Agnor was integral in the successful implementation of the integrated
revenue assessment and collection system. Under his leadership, he successfully acclimated to the COVID-
19 Pandemic by beginning mobile filed data collection and securing an enhanced GIS analytical toolset
for his appraisers. On behalf of the Body,Mayor Dyer expressed City Council's appreciation to Mr.Agnor
for his outstanding contributions to the City and wished him well as he retires and embarks on to the next
phase of his life.
Mr. Agnor expressed his appreciation to City Council for this recognition and their continued support.
June 21, 2022
C:)
RESOLUTION
WHEREAS, Ronald D. Agnor has devotedly served the citizens of Virginia Beach for 17 years
beginning his career as an Assistant Real Estate Assessor. Under the guidance of then City Assessor,
Jerry Banagan, Ron's career flourished as his hard work was recognized. With the retirement of then
Assessor,Jerry Banagan, City Council conducted interviews and found the best candidate was indeed a
member of the Real Estate Assessor's office;and
WHEREAS,Ron is the fourth Real Estate Assessor since the creation of the office in 1969. Over the
years, Ron has had the pleasure of working with many different Mayors, Council Members, City
Managers,Department Directors,and city staff members;and
WHEREAS, Ron served the City first as Assistant Real Estate Assessor beginning in 2005 and then as
Assessor in 2018; and was integral in the successful implementation of the integrated revenue
assessment and collection system;under his leadership the department successfully acclimated to a
pandemic, began mobile field data collection, and secured an enhanced GIS analytical toolset for his
appraisers;over the years he saw the creation of the Energy Efficient Tax Classification program,
Crisis Track damage assessment software, Special Service districts, as well as many other programs;
and has remained a powerful influence in the state, regional, and international worlds of real estate
assessment;and
WHEREAS,Ron has been a member of the International Association of Assessors for over 25 years.
He was president of the Virginia Association of Assessing Officers from 2015-2016 and has served on
numerous committees. He is the current (and the only)president of the Pro Val International Users
Group (founded in 2009) and is known for his excellent site selection for the annual user group
conferences. Ron maintained an excellent relationship with his software vendors and received a
Lifetime Achievement Award from Thomson Reuters(the City's CAMA software vendor at the time)and
in 2008 he received the Outstanding Jurisdiction award from Manatron(another CAMA vendor).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Virginia Beach,
Virginia, hereby recognizes the dedication and loyal service, leadership and commitment to the City
and its citizens that Ronald D. Agnor has displayed in furthering the City's mission to be "Virginia
Beach...Community for a Lifetime".
BE IT FURTHER RESOLVED: That the City Council of the City of Virginia Beach is appreciative
for the dedicated and devoted service of Ronald D.Agnor, a member of the City for 17 years, who has
served as the Real Estate Assessor for 4 years, with distinction and grace. With our signatures below,
we wish Ron well as he embarks on a new phase of his life.
Given under our hartgls this 21"day of June,2022.
grAi„,„..._(
\,-- d• (LL
Michael F.Berlucchi Linwood O.Branch Barbara M.Henle
Council Member Council Member ouncil Member
104-4 '
N.D. "Rocky" olcomb ohn D.Moss
Council Member ouncil Member
(......4 I k..----,_,..-
l:""j* I) ' 116 I lop
ion R.Ro Guy K. Tower / Sabrina D. Wooten
ouncil Member Council Member Council Member
1�- rg�
R mary Wilson Robert . "Bobb "Dyer
Vice Mayor Mayor
31
ITEM#72986
Mayor Dyer advised he would like to take this time to allow members of the Body to reflect and make
remarks in the memory of Council Member Louis Jones.
Council Member Henley expressed it is difficult to have this meeting without him. Council Member Henley
advised it is just two (2)weeks short of being forty(40)years ago, that on July 1, 1982,Louis took his seat
for the first time on City Council. Council Member Henley advised at that time, the Body elected the Mayor
and though Louis was brand new to City Council, he wanted to serve as Mayor and managed to get enough
votes to be elected. Council Member Henley reflected on the Lake Gaston project which took fifteen years
to complete and contributed its success to the steady hand of Louis Jones. Council Member Henley advised
it will be Louis's manner that she will remember most;he was not a politician, he was a statesman. Council
Member Henley advised it will be difficult not being able to call him because she could always count on
him for his studied responses, being calm and always doing what he believed was in the best interest of the
City. Council Member Henley expressed as much as City Council will miss him, his family and his
Hollomon-Brown family will miss him tremendously and expressed her heartfelt appreciation to all of them
for sharing Louis for so many years.
Council Member Moss reflected on the times he shared with Louis when he would hold "court"in the back
corner of Village Inn and had so many discussions. Council Member Moss advised the stories he will miss
the most are the ones Louis shared about his family, he was very much a family man and it made him feel
special that Louis would share those personal stories with him. Council Member Moss advised he will be
missed as a legacy for all of the decisions that have been made, he had corporate knowledge that is needed
to remember both the good and bad in past decisions and offered his sage advice. Council Member Moss
expressed he will miss his friendship and wished his family all of God's comfort as they move forward.
Council Member Branch advised Louis was always selected as a negotiator in the major deals involving
the City and as the negotiator for so many, he held the greatest home court advantage by holding meetings
in the funeral home in a room Council Member Branch called the "sarcophagus"which felt so intimidating.
Council Member Branch advised Louis said more with less words than anyone he ever met, adding, only a
look from Louis spoke volumes. Council Member Branch expressed it is a big loss for this Body as well as
the City and he is loved and honored.
Vice Mayor Wilson reflected on her conversation with Council Member Jones at the Village Inn in 2000
when she was contemplating running for City Council. Vice Mayor Wilson advised it was Louis that
encouraged her to run and over the years he not only mentored her but other new Council Members with
his experience and fatherly nature. Vice Mayor Wilson advised because Louis did not say many words,
everyone listened when he did, adding, many times he change the direction of a conversation. Vice Mayor
Wilson shared nicknames she gave Council Member Jones such as the "silver fox"and "maestro of the
budget"due to his 16 years as Vice Mayor and ability to unite the Body while taking into account each
district's needs. Vice Mayor Wilson expressed she will miss him, never forget him and her gratefulness
that he shared so much of himself with the City.
Council Member Holcomb advised each of us deal with loss in our own way and read an email he received
from a citizen who served with Council Member Jones remembering him as the "lion king of City Council",
quiet but paying attention, who rarely missed a meeting, will be missed and who's shoes will be impossible
June 21, 2022
32
ITEM#72986
(Continued)
to fill. Council Member Holcomb advised Louis's family was not only his blood relatives but also included
VB Strong and the citizens of Virginia Beach. Council Member Holcomb expressed he is honored to call
Louis a friend and having the opportunity to serve with him.
Council Member Berlucchi reflected on his three(3)years serving with Mr.Jones and shared while he did
not have the opportunity to get to know him as well as many others did, he did get a front row seat to watch
him work. Council Member Berlucchi advised he learned a few things from Mr. Jones such as his
extraordinary abilities as a sharp negotiator, how he possessed incredible insight into nearly any situation,
his extraordinary leadership, incredible businessman acumen and unbelievable dedication to his work and
the community he served. Council Member Berlucchi shared it is rare for one person to possess all of those
qualities and rarer still,for someone to dedicate all of those qualities to the community which is what Louis
did for more than 35 years. Council Member Berlucchi expressed he feels privileged to have learned from
Louis and is thankful for the work he did to make the community a better place for generations to come.
Council Member Tower extended his condolences and thoughts for Louis's family, expressing so many
people feel the tremendous loss. Council Member Tower expressed when he thinks of Louis he thinks of
how wise and kind he was and how he cared deeply about this City. Council Member Tower expressed he
cannot say anything better about anybody and thanked the Council Members who spoke before him for
sharing reminisces and statements for Louis for which he endorses.
Council Member Rouse expressed what he will miss most about Mr. Jones is whenever he was unclear
about an item on the Agenda, he could call Louis. Council Member Rouse advised Louis did not say much
but others always knew when he was in the room.
Council Member Wooten extended her heartfelt condolences to Council Member Jones'family. Council
Member Wooten expressed her appreciation for the times when she called Louis and he always took her
call and listened to her, adding, he will be missed.
Mayor Dyer invited City Manager Duhaney, City Attorney Stiles, and City Clerk Barnes to say a few words.
City Attorney Stiles expressed Louis was a calming influence to him and shared a story as one example.
City Attorney Stiles explained many years ago when he became City Attorney, the City was involved in a
trial which was causing him a great deal of stress. Mr. Stiles said it was during a recess for lunch when he
was striding back and forth and was approached by Mr.Jones who invited him to go with him outside. Mr.
Jones took the lunch his wife had made for him and sat down at a picnic table where Mr.Jones shared his
lunch and asked him about his family and then told Mr. Stiles about his family. Mr. Stiles explained how
Mr.Jones brought him perspective when Mr.Jones told him to think of the other things going on in life that
are important and how the trial will pass. Mr. Stiles expressed he will always remember that about Mr.
Jones and added he never asked Mr.Jones for advice he did not take.
June 21, 2022
33
ITEM#72986
(Continued)
City Manager Duhaney expressed his condolences to Mr. Jones'family who he referred to as, "a myth and
a legend". Mr. Duhaney shared his experience when he first came to the City and was advised by several
other City Managers in Hampton Roads who told him it was a joy and a pleasure to work with Mr. Jones,
even though many had lost severely during deals they negotiated with Mr. Jones. Mr. Duhaney explained
he felt privileged when he was told everything he will learn, he will get to learn from the "Godfather of
Hampton Roads". Mr. Duhaney expressed what he will miss the most is the sage advice Mr.Jones offered,
especially in the art of deal making. Mr. Duhaney explained how Mr. Jones would look at a deal and see
it in many ways and could see pitfalls staff would traverse and help course correct, which was greatly
appreciated. Mr. Duhaney went on to say it is important to understand much of the City's development is
rested in the foundation built up by deals Mr. Jones negotiated and the betterment of the City is revealed
through the hard work and dedication of this City Council and Mr. Jones.
City Clerk Barnes expressed she will miss many things about Mr.Jones but mostly she will miss his kindness
and how considerate he was when he would call and ask how different decisions may affect her office. Ms.
Barnes advised as she was thinking of way to honor Mr. Jones tonight, she wanted to do something simple
and meaningful as that is how he was, he meant so much to her, this Body and the community. Ms. Barnes
explained she provided the candle at Mr. Jones'seat at the dais and draped his chair with a black sash in
his honor and hopes it brought him happiness. Ms. Barnes expressed she will keep Mr. Jones'family in
her prayers as well as any others whose heart is hurting like hers. Ms. Barnes added she will selfishly miss
the beautiful poinsettias Mr. and Mrs. Jones always gave at Christmas time and how much holiday cheer
they brought.
Mayor Dyer expressed he will miss Louis who was a mentor, a friend and a confidante, he was also a
humble man who accomplished so much with grace and humility. Mayor Dyer shared a story from early
2005 when Naval Air Station (NAS) Oceana was added to the Base Realignment and Closure (BRAC)List.
Mayor Dyer explained the conversations to save NAS Oceana from closing were not going anywhere and
then Mr. Jones invited him to go to a meeting. Mayor Dyer explained how Mr. Jones listened for about a
half an hour and then presented the idea that saved NAS Oceana. Mayor Dyer advised many people do not
know this story because Mr. Jones would never toot his own horn to take the credit, but it was him that
saved one of the City's most vital assets. Mayor Dyer expressed Mr.Jones did that many times and he will
be missed.
Mayor Dyer expressed his appreciation to everyone who spoke this evening and honored Mr. Jones.
June 21, 2022
34
ITEM— V.H.1
PUBLIC COMMENT
ITEM#72987
Mayor Dyer DECLARED a PUBLIC COMMENT:
PLASTIC BAG TAX
The following registered to speak:
Hannah Sobol, 829 Moultrie Circle, Phone: 252-904-8224, spoke in SUPPORT
Lisa Renee Jennings, 3663 Marlin Bay Drive, Phone: 644-4116, spoke in SUPPORT
Barbara Messner, P.O. Box 514, spoke in OPPOSITION
Suzanne Kumpf 5312 Balfor Drive, Phone: 409-1079, spoke in SUPPORT
Aimee Rhodes 812 South Clubhouse Road, Phone: 525-5461, spoke in SUPPORT
Robert Mandigo,Jr. 121 Gallant Fox Road, Phone: 288-7242, spoke in OPPOSITION
Soner Dinaya, 725 Rosaer Circle, Phone: 805-1958, spoke in SUPPORT
Sara Gerloff 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION
Christina Trapani, 1329 Goose Landing, Phone: 613-5683, spoke in SUPPORT
Melissa Assalone P.O. Box 318, Richmond, VA, Phone: 608-216-5226, spoke in OPPOSITION
Karen Forget, 3712 Holland Road, Phone: 472-0406, spoke in SUPPORT
Mark Swingle, 2130 Bayberry Street, Phone: 615-6337, spoke in SUPPORT
Martha Thereault, 4311 Black Beard Road, Phone:287-2808, spoke in SUPPORT
Gary Medlin, 1028 Hillview Boulevard, Phone: 361-5826, spoke in SUPPORT
Colin Arnold, 274 Mayo Road, Phone: 434-426-8267, spoke in SUPPORT
John Saladino, 4470 Lauderdale Avenue, Phone: 804-274-8652, spoke in SUPPORT
Mariam Gennari, 2701 4`h Street, Phone: 703-309-1600, spoke in SUPPORT
Ernest Docs, 50918`h Street, Phone: 300-7669, spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT
June 21, 2022
35
ITEM— V.H.1
PUBLIC HEARING
ITEM#72988
Mayor Dyer DECLARED a PUBLIC HEARING:
PROPOSED LEASE OF CITY-OWNED PROPERTY
205 4th Street and 400 Atlantic Avenue
The following registered to speak:
Barbara Messner, P. O. Box 514—spoke in OPPOSITION
There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING
June 21, 2022
36
ADD ON
RESOLUTIONS
ITEM#72989
Upon motion Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADDED,
Resolutions to the Agenda as Item V.K.10:
a. APPOINT Sue Cunningham to the position of Real Estate Assessor
b. re compensation of the City Real Estate Assessor
Voting: 9-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice
Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Abstaining:
N. D. "Rocky"Holcomb
Council Members Absent:
None
June 21, 2022
37
ITEM— V.I
FORMAL SESSION AGENDA
ITEM#72990
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 K• 1, 2, 5a/b/c/d, 6,
7, 8a/b, 9 and 10a/b and Planning Items L: 1, 2, 3 and 4
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY
CONSENT,Agenda Items Ordinances/Resolution K:1(DEFERRED TO JULY 5, 2022), 2, 5a/b/c/d, 6,
7, 8a/b, 9 and l0a/b and Planning Items L:1,2,3 and 4(DEFERRED INDEFINITELY)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
K. ORDINANCES:
ITEM#3 WILL BE CONSIDERED SEPARA TEL Y
ITEM#4 WILL BE CONSIDERED SEPARA TEL Y
COUNCIL MEMBER HOL COMB WILL ABSTAIN ON ITEMS#1 0a/b
COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#lob
June 21, 2022
38
ITEM— V.K.1
ORDINANCES
ITEM#72991
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council DEFERRED TO
JULY 5, 2022, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of
City-Owned Property at 4t1i Street and Atlantic Avenue with Ocean Water LLC for one (1)year, with four
(4) one-year renewal options re overflow parking
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
39
ITEM— V.K.2
ORDINANCES
ITEM#72992
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to INCREASE and REALIGN certain parking fees for implementation of
a Resort Area Mobility Plan (RAMP) re operation, infrastructure replacement,and maintenance
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 AN ORDINANCE TO INCREASE AND REALIGN CERTAIN
2 PARKING FEES FOR IMPLEMENTATION OF A RESORT
3 AREA MOBILITY PLAN AND TO PROVIDE A REVENUE
4 OFFSET
5
6 WHEREAS, the Parking Enterprise Fund is responsible for staffing and all
7 operational costs to provide a comprehensive enforcement program at the Oceanfront;
8
9 WHEREAS, Resort Area civic leagues have requested enhanced parking
10 management initiatives;
11
12 WHEREAS, the implementation of the Resort Area Mobility Plan will require
13 additional resources to meet the goals of the community;
14
15 WHEREAS, the City's comprehensive parking strategy requires additional revenue
16 for operations, infrastructure replacement, and maintenance.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA, THAT:
20
21 (1) The City Manager is hereby directed to convert Resort Area surface parking lots to
22 an hourly rate at two dollars an hour ($2.00) except when peak demand pricing is in
23 place.
24
25 (2) The City Manager is hereby directed to increase the resident parking permits from
26 the current rate of $0 per permit for the first two residential permits to five dollars
27 ($5.00) and increase annual guest permits from the current rate of two dollars ($2.00)
28 per permit to five dollars ($5.00) per permit.
29
30 (3) The City Manager is hereby directed to implement peak parking demand pricing for
31 all resort area garages and surface lots ranging from a minimum of ten dollars
32 ($10.00) to a maximum of twenty-two dollars ($22.00) during major events and
33 weekends at the resort. The designation of dates for peak parking demand pricing
34 shall be at the discretion of the City Manager, and the City Manager shall provide
35 notice of such dates on vbgov.com and other locations to inform residents and
36 visitors.
37
38 (4) The City Manager is hereby directed to establish a single flat rate structure at the
39 Sandbridge Parking lots of four dollars ($4.00) for daily parking.
40
41 (5) The Parking Enterprise Fund parking fee revenue for FY 2022-23 is estimated to
42 decrease by $57,333 as a result of the above adjustments, and such amounts are to
43 be offset by a decrease in the Parking Enterprise Fund's regular reserve.
44
45 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be
46 July 1, 2022.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day
of June , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget an Management Services Cit s Office
CA15841
R-1
May 25, 2022
40
ITEM— V.K.3
ORDINANCES
ITEM#72993
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
After City Council discussion, Council Member Moss made a motion, seconded by Council Member
Henley, to ADOPT Ordinance to PROVIDE direction to the City Manager re individual assistants for
City Council Members(Requested by Council Members Henley and Moss)
Council Member Berlucchi then made a SUBSTITUTE MOTION, seconded by Council Member
Rouse, to INDEFINITELY DEFER, Ordinance to PROVIDE direction to the City Manager re
individual assistants for City Council Members(Requested by Council Members Henley and Moss)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
41
ITEM— V.K.3
ORDINANCES
ITEM#72993
(Continued)
Upon motion by Council Member Berlucchi, seconded by Council Member Rouse, City Council
INDEFINITELY DEFERRED Ordinance to PROVIDE direction to the City Manager re individual
assistants for City Council Members (Requested by Council Members Henley and Moss)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
42
ITEM— V.K.4
ORDINANCES
ITEM#72994
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
Upon motion by Council Member Berlucchi, seconded by Council Member Branch, City Council
ADOPTED Ordinance to AWARD a $5,000 Community Services Micro-Grant to New Vision Youth
Services Inc. re support their Youth Uplift Project Expansion II (Requested by Council Member
Berlucchi)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
REQUESTED BY COUNCILMEMBER BERLUCCHI
1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY
2 SERVICES MICRO GRANT TO NEW VISION YOUTH
3 SERVICES, INC.
4
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That a $5,000 Community Services Micro-Grant is hereby awarded to New Vision
10 Youth Services, Inc.to support their Youth Uplift Project Expansion II, a program designed
11 to help high school students in the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day
of__J 1 n e _, 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
2
Budget and Management Services ice
CA15855
R-1
June 10, 2022
43
ITEM— V.K.5a
ORDINANCES
ITEM#72995
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance re Compensation to City Council Appointees effective July 1, 2022:
(Requested by the City Council)
a. City Manager
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY MANAGER
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council;
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 That, effective July 1, 2022, the annual salary of the City Manager, which is
12 currently $270,000, shall be increased by 7% to $288,900; he shall also receive a one-
13 time bonus of $10,000; the City's contribution to his deferred compensation account,
14 which is currently $16,200, shall be increased by 7% to $17,334; and his car allowance
15 shall remain at $9,000 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t
day of ,T u n P , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
ria,eW
City Attorney's Office
CA15836
R-4
June 14, 2022
44
ITEM— V.K.5b
ORDINANCES
ITEM#72996
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance re Compensation to City Council Appointees effective July 1, 2022:
(Requested by the City Council)
b. City Attorney
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY ATTORNEY
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council.
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 That, effective July 1, 2022, the annual salary of the City Attorney, which is
12 currently $234,273, shall be increased by 7% to $250,672; he shall also receive a one-
13 time bonus of $10,000; the City's contribution to his deferred compensation plan shall
14 remain at $10,000 annually; and his car allowance shall remain at $10,000 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t
day of June , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
4
/ 174. f,
City Attorney's Office
CA15837
R-3
June 14, 2022
45
ITEM— V.K.5c
ORDINANCES
ITEM#72997
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance re Compensation to City Council Appointees effective July 1, 2022:
(Requested by the City Council)
c. City Clerk
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY CLERK
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council.
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 That, effective July 1, 2022, the annual salary of the City Clerk, which is currently
12 $109,788, shall be increased by 7% to $117,473; the City's contribution to her deferred
13 compensation account shall remain at $6,000 annually; and she shall receive a market
14 salary adjustment of $6000, added after the 7% increase has been applied, for a total
15 salary of$123,473.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t
day of June , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
l
G41/.6(.14
City Attorney's Office
CA15838
R-3
June 14, 2022
46
ITEM— V.K.5d
ORDINANCES
ITEM#72998
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance re Compensation to City Council Appointees effective July 1, 2022:
(Requested by the City Council)
d. City Auditor
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY AUDITOR
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council; and
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 That, effective July 1, 2022, the annual salary of the City Auditor, which is currently
12 $140,248, shall be increased by 7% to $150,065, and his current car allowance shall
13 remain at $6,000 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t
day of June , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA15839
R-3
June 14, 2022
47
ITEM— V.K.6
ORDINANCES
ITEM#72999
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a street
dedication adjacent to Norfolk & Southern Corp. right-of-way and a private road northeast of
Tolliver Road for DHW Joint Venture, L.L.C.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 ORDINANCE EXTENDING THE DATE FOR
2 SATISFACTION OF THE CONDITIONS IN
3 THE MATTER OF CLOSING (1) A 15-FOOT
4 STREET DEDICATION ADJACENT TO A
5 50-FOOT NORFOLK & SOUTHERN CORP.
6 RIGHT-OF-WAY AND (2) A 20-FOOT
7 PRIVATE ROAD NORTHEAST OF
8 TOLLIVER ROAD FOR DHW JOINT
9 VENTURE, L.L.C.
10
11 WHEREAS, on July 6, 2021, City Council acted upon the application of
12 DHW Joint Venture, L.L.C. (the "Applicant") for the closures of 1) a 15-foot Street
13 Dedication adjacent to a 50-foot Norfolk & Southern Corp. right-of-way and (2) a 20-foot
14 Private Road northeast of Tolliver Road, as shown on Exhibit A attached hereto;
15
16 WHEREAS, on July 6, 2021, City Council adopted an Ordinance (ORD-
17 3666C to close the aforesaid unimproved portions of rights-of-way, subject to certain
18 conditions being met on or before July 5, 2022; and
19
20 WHEREAS, the Applicant has requested an extension of time and
21 requested one year from the current deadline, July 5, 2022, to satisfy the conditions to
22 the aforesaid street closure action.
23
24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
25 Virginia Beach, Virginia:
26
27 That the date for meeting conditions of closure as stated in the Ordinance
28 adopted on July 6, 2021 (ORD-3666C), upon application of DHW Joint Venture, L.L.C.,
29 is extended to July 5, 2023.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia, on this
32 21st day of June , 2022.
APPROVED AS TO CONTENT. APPROVED AS TO LEGAL
SUFFICIENCY:
-'grl ,
Planning De(partmInt City one
CA15787
\\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d002\p041\00808887.doc
R-1
June 6, 2022
No GPIN Assigned (Rights-of-Way)
Adjacent GPINs: 1459-81-8232, 1459-81-8217, 1459-91-0373, 1459-91-2208
& 1459-90-2964
LINE TABLE \�// // P�1'H OF
"/46:e
LINE BEARING LENGTH /
L 1 N60°42'39"E 17.32' '/ \ , APPROXIMATE :49 Z
/c LOCATION OF ODD H. RENCH -
L2 SO°42'39"W 23.09' /' 20'PRIVATE ROAD Lic. No. 2410
\ (M.B. 7,P.45)
L3 S60°42 39"W 17.32' / .V 4,-' \ /2 -201I
L4 N0°42'39"E 23.09' /'' ��:��i 15'STREET DEDICATIONvvD SUR'�
' Al frib (M B 79,P.49)
�,� TO BE CLOSED
RESIDUAL AREA"EAST" !�
(INST#20180531000442410)
'N/F DHW JOINT VENTURE,L.L.C.
(INST#20181030000891880) I
GPIN 14598 182 1 70000 I \ SF4t,
F7
Z a 1
W oo ' \\ PART OF PLAT NO.3
Z Q ^-�o ;, (M.B. 7,P.45)
Ili to a; RESIDUAL N/F
O Q a co o Ito \ DHW JOINT VENTURE,L.L.C.
ti) p `^NzrI PROPERTY"EAST"
° 0O ►� m t(C) (INST#20161026000969440) (INST#20180409000288790)
a (D • v Liu NIF \GPIN 14599103730000
O O aCC1 Z Cr) I o, DHW JOINT VENTURE,L.L.C. \
Ls U CI I N (INST#20181030000891880)
CC oq CD °t o o ' GPIN 14598182320000 \
2 Z I�
PUBLIC DRAINAGE EASEMENT
15'AND VARIABLE WIDTH
5'DRAINAGE& DOMINION VIRGINIA POWER, VERIZON
UTILITY EASEMENT i L- &COX COMMUNICATIONS EASEMENT
(M.B. 79,P.49) / f�- (INST#20161026000969440)
(INST#20161028000975690)
(INST#20161205001103750) \\
PUBLIC DRAINAGE EASEMENT -4-- I (INST#20161216001139330)
(INST#20180531000442410) (INST#20180608000469280) \'IT -------(INST#20181030000891880)
N24°46 44^W 366.36'
L=3.65'
30'DOMINION VIRGINIA POWER,
VERIZON&COX N24°46 43"W
(I
COMMUNICATIONS EASEMENT 1721' TOLL/VER ROAD
(INST#20180531000442410) 70'RIGHT-OF-WA V
(INST#20180716000575590) NST#20161026000969410)(INST#20161028000975690)
(INST#20180717000581350) (INST#20161026000969440)(INST#20161028000975690)
(INST#20180813000666500) (11S r#201805310004424 10)(INST#20181030000891880)
(INST f#20181018000857420)(INST#20181030000891880)
NOTES
1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED
ON THE VIRGINIA STATE PLANE COORDINATE
SYSTEM,SOUTH ZONE,NORTH AMERICAN SCALE 1"=30'
DATUM 1983/1993(HARN). THE CITY OF VIRGINIA Nommiimil
BEACH CONTROL REFERENCE POINTS USED TO 0 30' 60'
ESTABLISH THE COORDINATE VALUES SHOWN
HEREON ARE PS 313 AND PS 316.
2. THIS EXHIBIT/S FOR STREET CLOSURE STREET CLOSURE EXHIBIT
PURPOSES AND DOES NOT CONSTITUTE A OF 15'STREET DEDICATION
SUBDIVISION OF LAND. (KB. 79,P. 49)
VIRGINIA BEACH VIRGINIA
THIS DRAWING PREPARED AT THE
Date: 01 28 21 Scale:1"=30'
VIRGINIA BEACH OFFICE
2901 South Lvnnhaven Road,Sude 200 I V,rg,Na Beach VA 23452 YOUR'•.:SION ACHIEVED"iaOUG'-UUHS
Sheet 1 of 1 J.N.: 39258
TEL 757.213.6679 FAX 757.340.1415 www.I'mmons.com
Drawn by.KT Checked by:THE
TIMMONS GROUP . •.
RESIDUAL AREA "EAST"
N24°4643"W (INST#20180531000442410)
N. N/F DHW JOINT VENTURE,L.L.C.
17.21 N\ (INST#20181030000891880)
\ N N\ GPIN 14598182170000
x ,.0.z,rx gEE solE
x
o�
ti
`. 6oe �eP
/
6•''� ,Qi Ty
/
\ T
o, ,, ,- 'Q
// Cb
i •\\ NN\ srj2 7A B y1 AO
O
�c--- RESIDUAL ".\`� \`,� ��66001 AsrsJ ��)/o
PROPERTY"EAST" �� N 000 ti
TOL L I VER ROAD (INST#20161026000969440) ` N
N/F N N60°42 39'E
/ 70'RIGHT-OF-WAY DHW JOINT VENTURE,L.L.C. 25.01'
�I (INST#20161026000969410) (INST#20181030000891880)
/i (INST#20161028000975690) GPIN 14598182320000 I
(INST#20161026000969440) t
'r--- (INST#20161028000975690) -- -- -- -- -- r:: --
(INST#20180531000442410) [.:::::::::•:•:•:�::i
(INST#20181030000891880) 15'STREET •
(INST#20181018000857420) DEDICATION I:i: .::::i:::l
(INST#20181030000891880) (M.B. 79,P.49) 1...:::. ::..�
Ito :j
PART OF PLAT NO.3 :: :1"'
(M.B. 7,P.45) 1.: .::::1 W
N/F .i.••.. .:::::..I
DHW JOINT VENTURE,L.L.C.
TH OF (INST#20180409000288790) :o[.:.:.:.::.:.::: Z0
�4'C'''i' 6e4s ,i's
GPIN 14599103730000 Zli'l :::.:::::. co
e 7 t;
v ERIC S. PATTERSON APPROXIMATE
Lic. No. 2412 LOCATION OF
06-07-ZI 20'PRIVATEROAD
(M.B. 7,P.45) �::.:• :•`:-.:1
wvp SURD TO BE CLOSED t.::: :::1
SCALE 1"=40'
1._:.
0 40' 80' -- -- -- - 44
PART OF PLAT NO.4 ••.•....•.•. ..�
(M.B. 7,P.45) :.:::`.::::::.:.�
N/F : i
NOTES k:::::-..::::::::::_�
DHW JOINT VENTURE,LLC
1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED (INST#20180525000428700) . :::..:i:.1
ON THE VIRGINIA STATE PLANE COORDINATE GPIN 14599122080000 t
SYSTEM, SOUTH ZONE,NORTH AMERICAN _..:..._..:I
DATUM 1983/1993(HARN). THE CITY OF VIRGINIA
BEACH CONTROL REFERENCE POINTS USED TO MATCHLINE SHEET 2
ESTABLISH THE COORDINATE VALUES SHOWN
HEREON ARE PS 313 AND PS 316. STREET CLOSURE EXHIBIT
2. THIS EXHIBIT/S FOR STREET CLOSURE OF 20'PRIVATE ROAD
PURPOSES AND DOES NOT CONSTITUTE (M.B. 7, P. 45)
SUBDIVISION OF LAND. VIRGINIA BEACH VIRGINIA
Date: 01-28-21 Scale:1"=40'
THIS DRAWING PREPARED AT THE Sheet 1 of 2 J.N.: 39258
VIRGINIA BEACH OFFICE YOUR VISION ACHIEVED THROUGH OURS.
2901 South Lynnhaven Road,Suite 200 I Virginia Beach,VA 23452 Drawn by:KT Checked by:ESP
TEL 757.213.6679 FAX 757.340.1415 www.timmons.com
Revised Date: 05-07-21
TIM MNGROUP
.••''••••
MATCHLINE SHEET 1
f::::::::-:-:::::.I PART OF PLAT NO.4
(M.B. 7,P.45)
\ /
::.:� N/F
\ �' 1\:::::::.:-:•:::.j DHW JOINT VENTURE,LLC
/ :: 1 (INST#20180525000428700) \
\\ /- � -:; .:.:. GPIN 14599122080000 1
,T-- \ :j EENp�E
�' \ f.::::::::: :: S
-- 1 APPROXIMATE
-_\ j LOCATION OF
\ PARCEL "1-D" \ 20'PRIVATE ROAD
(INST#20061219001881190) �: "`
TO BE CLOSED
S&J TRUCK TERMINAL,
INCORPORATED .. ::....j
... .......
-- -- -- -- -
(D.B.3483,P. 1398) .::;:.�:;::�� \ - --
GPIN 14599029640000 \
i,TH OF \\ I\ A�:.:.:..`._-...
40' \ \ c9j:.::..1.:1.:::::1.::::::1Z)t, \
iP'
°A \
I { PART OF PLAT NO.5
ERIC S. PATTERSON a \ �-':`'.I..:.-:.1 � (M.B. 7,P.45)
::1:..1r \ N/F
Lic. No. 2412 �` o�:::::
"" • o DHW JOINT VENTURE,LLC
0 S-0 7-Z I \\ Z .- :::1 \\ (INST#20180525000428700)
\ GPIN 14599142020000 -
D SURD- 1: :
20'MAINTENANCE EASEMENT "�
(INST#20161028000975700) I 1.:.:.}...:.:.:.:.:.:.....11: -\- --- ---
(INST#20161026000969320) 1 : _— �� GATION
ATE LO NT
T .T.:``:..::j \ APr pO EASEMS
VARIABLE WIDTH PUBLIC _ }:::::: 150'VE 321,P.2 4
IMPOUNDMENT EASEMENT -••••- (�B' 1 P 22 )
539)
(INST#20161028000975700) i:::: :::::.. (p,B 33 2,P 492)
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(D.B.2874,P. 1440) J 18.20'j20.01.'{ 59.07'
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18.84' (INST#20170823000721480)
880.36'TO TOL L I VER ROAD (INST#20181207001006000)
N/F
FIRST VIRGINIA
N/F LAND TRUST
ROAD NO.4 (D.B.2857,P. 1175)(D.B.2198,P. 1791)
20'PRIVATE ROAD GPIN 14690008010000 —
(UNIMPROVED) --
(M.B. 7,P.45)
(M.B.55,P. 15) —
N/F -- --
S&J TRUCK TERMINAL, j_-
INCORPORATED
(D.B.3483,P. 1398)
GPIN 14589958210000 STREET CLOSURE EXHIBIT
SCALE 1"=40' OF 20'PRIVATE ROAD
III (M.B. 7, P. 45)
0 40' 80' VIRGINIA BEACH VIRGINIA
Date: 01-28-21 Scale:1"=40'
THIS DRAWING PREPARED AT THE Sheet 2 of 2 J.N.; 39258
VIRGINIA BEACH OFFICE YOUR VISION ACHIEVED THROUGH OURS.
2901 South Lynnhaven Road,Suite 200 I Virginia Beach,VA 23452 Drawn by:KT Checked by:ESP
TEL 757.213.6679 FAX 757.340.1415 www.timmons.com
Revised Date: 05-07-21
TIMGROUP .••'''•••
48
ITEM— V.K.7
ORDINANCES
ITEM#73000
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2022,
re view each street or alley proposed to be closed
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR
2 ONE-YEAR TERMS BEGINNING JULY 1, 2022, TO VIEW
3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED
4
5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers
6 shall be appointed each year to serve terms of one year beginning July 1 to view each
7 and every street or alley proposed to be altered or vacated during the term;" and
8
9 WHEREAS, it is the desire of the City Council to appoint the Directors of the
10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers
11 for one-year terms, beginning July 1, 2022 and ending June 30, 2023.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That the Director of Planning, the Director of Public Works and the Director of
17 Parks and Recreation of the City of Virginia Beach are each hereby appointed as a
18 viewer to serve a one-year term beginning July 1, 2022 and ending June 30, 2023, to
19 view each and every application to close a street or alley, and to report in writing their
20 opinion of what inconvenience, if any, would result from discontinuing the street or alley
21 or portion thereof.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t
day of June , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Department f Plan ring City Attorney's Office
CA15847
R-1
June 1, 2022
49
ITEM— V.K.8a
ORDINANCES
ITEM#73001
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE Temporary Encroachments into a portion of
a. City-Owned Property known as Treasure Canal, located at the rear of
2237 Leeward Shore Drive re maintain existing pier walkway and
pier platform, and to construct and maintain a covered boat lift
DISTRICT 8 (formerly District 6-Beach)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY-OWNED
6 PROPERTY KNOWN AS TREASURE
7 CANAL, LOCATED AT THE REAR
8 OF 2237 LEEWARD SHORE DRIVE
9
10 WHEREAS, Larry Demmerle and Donna Demmerle (the "Demmerles") have
11 requested permission to maintain the existing 3.5' x 55' fixed pier walkway and 12' x 18'
12 fixed pier platform, and to construct and maintain a 14.5' x 28.5' covered boatlift
13 (collectively, the "Temporary Encroachment") into a portion of City-owned property known
14 as Treasure Canal, located at the rear of 2237 Leeward Shore Drive (GPIN: 2409-19-
15 5768); 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
22 OF 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 Demmerles, their heirs,
26 assigns and successors in title are authorized to maintain the Temporary Encroachment in
27 the City-owned property as shown on the Exhibit entitled: "EXHIBIT A ENCROACHMENT
28 REQUEST FOR EXISTING IMPROVEMENTS AS-CONSTRUCTED: EXISTING
29 MOORING PILES, RIPRAP, BULKHEADS, FIXED PIER WALKWAY, FIXED PIER
30 PLATFORM AND PROPOSED COVERED BOATLIFT LOCATED IN TREASURE CANAL
31 IN BAY ISLAND," Scale 1' = 40', dated February 22, 2021 and revised through April 11,
32 2022, prepared by Marine Engineering LLC, a copy of which is attached hereto as Exhibit
33 "A" and on file in the Department of Public Works, to which reference is made for a more
34 particular description;
35
36 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly
37 subject to those terms, conditions and criteria contained in the Agreement between the City
38 of Virginia Beach and the Demmerles (the "Agreement"), an unexecuted copy of which has
39 been presented to the Council in its agenda, and will be recorded, after execution, among
40 the records of the 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
1
44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
45 such time as the Demmerles and the City Manager or his authorized designee execute the
46 Agreement.
47
48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t
49 day of June , 2022
CA15225
PREPARED: 5/11/22
R-1
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p045\00805110.doc
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
P BL WOR S, REAL ESTATE A RMEYER
OR CITY ATTORNEY
2
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EXHIBIT A
APPLICATION FOR
ENCROACHMENT REQUEST FOR PREPARED BY:
ENCROACHMENT BY: EXISTING IMPROVEMENTS MARINE ENGINEERING LLC
LARRY & DONNA AS—CONSTRUCTED: EXISTING PO BOX 5965
DEMMERLE MOORING PILES, RIPRAP, BULKHEADS, VIRGINIA BEACH, VA 23471
GPIN 2409-19-5768 FIXED PIER WALKWAY, FIXED PIER SHEET 1 OF 2
2237 LEEWARD SHORE DR PLATFORM AND PROPOSED COVERED DATE: FEBRUARY 22, 2021
VIRGINIA BEACH, VA 23451 _ BOATLIFT LOCATED IN TREASURE REV 4: APRIL 1 1 , 2022
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EXHIBIT A
APPLICATION FOR
ENCROACHMENT REQUEST FOR PREPARED BY:
ENCROACHMENT BY: EXISTING IMPROVEMENTS MARINE ENGINEERING LLC
LARRY & DONNA AS-CONSTRUCTED: EXISTING PO BOX 5965
DEMMERLE MOORING PILES, RIPRAP, BULKHEADS, VIRGINIA BEACH, VA 23471
GPIN 2409-19-5768 FIXED PIER WALKWAY, FIXED PIER SHEET 2 OF 2
2237 LEEWARD SHORE DR PLATFORM AND PROPOSED COVERED DATE: FEBRUARY 22, 2021
VIRGINIA BEACH, VA 23451 BOATLIFT LOCATED IN TREASURE REV 4: APRIL 1 1 , 2022
CANAL IN BAY ISLAND
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 4th day of May 2022, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth
of Virginia, Grantor, "City", and LARRY DEMMERLE and DONNA DEMMERLE, husband
and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "210" 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 pages
15 and 15A and being further designated, known, and described as 2237 Leeward Shore
Drive, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to construct and maintain a 14.5'
x 28.5' proposed covered boatlift and maintain the existing 3.5' x 55' fixed pier walkway
and 12' x 18' fixed pier platform, collectively, the "Temporary Encroachment," in the City
of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment,
GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED)
2409-19-5768 (2237 LEEWARD SHORE DRIVE)
it is necessary that the Grantee encroach into a portion of an existing City-owned property
known as Treasure Canal in Bay Island the "Encroachment Area" and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment
Area as shown on that certain exhibit plat entitled:
"EXHIBIT 'A' ENCROACHMENT REQUEST FOR
EXISTING IMPROVEMENTS AS-CONSTRUCTED:
EXISTING MOORING PILES, RIPRAP, BULKHEADS,
FIXED PIER WALKWAY, FIXED PIER PLATFORM
AND PROPOSED COVERED BOATLIFT LOCATED
IN TREASURE CANAL IN BAY ISLAND," Scale: 1" =
40', dated February 22, 2021 and revised through April
11, 2022, prepared by Marine Engineering LLC, 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, Larry Demmerle and Donna Demmerle, the said
Grantee, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2022, by , CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
5
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2022, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
A4,„„Ed,_
LARRY DEMMERLE, Owner
'Oe,_1-1,\, -Q.--
DONNA DEMMERLE, Owner
STATE OF
CITY/COUNTY OFC 11C--- , to-wit:
instrument was acknowledged before me this "C dayof
*\m
The foregoing strum g
a3 , 2022, by Larry Demmerle and Donna Demmerle.
1 (SEAL)
Notary Public
\\\,\1I111,„,
•� A .E,NEE p''
'-
NotaryRegistration Number. � i -\'��\•�PRY PO 9�1-
9. .-k-= R EG #8,,,.-,1
7045700
My Commission Expires: --Vv-,�- =o COMMISSION Q E
kPI ES
FArrN•'0�
'',iIiIllt \\\
6
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFF - CY AND FORM
OWL
\JJ
4ATURE D= ► EYER
SE •R ' ITY ATTORNEY
CS4-G4-4z_
DEPARTMENT
7
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EXHIBIT A
APPLICATION FOR
ENCROACHMENT REQUEST FOR PREPARED BY:
ENCROACHMENT BY: EXISTING IMPROVEMENTS MARINE ENGINEERING LLC
LARRY & DONNA AS-CONSTRUCTED: EXISTING PO BOX 5965
DEMMERLE MOORING PILES, RIPRAP, BULKHEADS, VIRGINIA BEACH, VA 23471
GPIN 2409-19-5768 FIXED PIER WALKWAY, FIXED PIER SHEET 1 OF 2
2237 LEEWARD SHORE DR PLATFORM AND PROPOSED COVERED DATE: FEBRUARY 22, 2021
VIRGINIA BEACH, VA 23451 BOATLIFT LOCATED IN TREASURE REV 4: APRIL 1 1 , 2022
CANAL IN BAY ISLAND
10, 0' 10' 20' 40' PROPOSED (NEW)
o SCALE: 1"= 40' BOATLIFT ENCROACHMENT va,TH Op
53
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73 (MB 48 P15) \ 4. go DAVID KLEDZIK
SO,/1)'�/PO Lic. No. 034674
CO BAY ISLAND SEC 2 LOT 211 a� Oki, syo 0 04/1 1/2022
N/F JOHN B JR&JOB NOWELL = EXISTING �B•Q�FO s .cAC,
2241 LEEWARD SHORE COURT oo ENCROACHMENTS TO 40•-ry TONAL
GPIN#2409193878 �4, REMAIN UNLESS REMOVAL S
INST#200210013041857 IS INDICATED
MB48 PG 15 4°0 — EXISTING 'p��
PERMITTED AND EXISTING 6 0 5 -9 X 71 RIPRAP \--3•6'
MOORING PILES /' 1229,, ,5 �ss`9,
1 /- - 14/ •
-----------/ 16,
PERMITTED 5'X 55'FLOATING PIER a S CONSTRUCTED
PROPOSED 14. 'X 28.5' 25' EXISTING 3.5'X 55'FIXED PIER WAL ►•AY
COVERED BOATLIFT ,. 18, �i �1 z
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REMOVE(1) EXISTING MOOR!NG PILE 2T_Ilt
o #2237
M - RMITTED 12'X 1='FLOATING PIER AS CON' TRUCTED
CANAL CENTERLINE 17.1' ' '10'1, E STING 12'X 18' F ED PIER PLATFORM
BAY ISLAND SEC 2 LOT 212 I 13' PER •BITTED AND EXISTI G 10'BULKHEAD RETU-
N/F COLLEEN HENNESSY fl MLW - ?a
2245 LEEWARD SHORE COUNT ' o PER TTED 99'BULKHE a D a S CONSTRUCTED
GPIN#2409193755 o EXISTI G 100 BULKHEAD o
INST#20130913001105790 / Q = BAY ISLAND SE ' LO 210
MB48 PG 15 / 0 a 98' N/F LARRY&DONNA DE MER 2�`1„ `,
m 2237 LEEWARD SHORE D' fE , c,6
COUNCIL APPROVED / m Q § _ :: GPIN#2409195768 �620�
CERTAIN / z o 7 INST#20160527000450020
ENCROACHMENTS/ON z MB48 PG 15
MARCH 18,2006�Y ' o EXISTING 1.' BAY ISLAND SEC 2 LOT 209
ORD-2934A. THE w > Q i BUL - a D RETURN N/F MARK&KATHLEEN PAWLAK
ENCROACHMEDITcr 3' j 2233 SPINNAKER CIRCLE
AGREEMENT/HAS BEEN z o Nssa GPIN#2409196603
FILED AS // z /� 50v4,,kV INST#20170711000579070
INT#200604/11000542680
/ / MB48 PG 15
EXHIBIT A
APPLICATION FOR
ENCROACHMENT REQUEST FOR PREPARED BY:
ENCROACHMENT BY: EXISTING IMPROVEMENTS MARINE ENGINEERING LLC
LARRY Sc DONNA AS-CONSTRUCTED: EXISTING PO BOX 5965
DEMMERLE MOORING PILES, RIPRAP, BULKHEADS, VIRGINIA BEACH, VA 23471
GPIN 2409-19-5768 FIXED PIER WALKWAY, FIXED PIER SHEET 2 OF 2
2237 LEEWARD SHORE DR PLATFORM AND PROPOSED COVERED DATE: FEBRUARY 22, 2021
VIRGINIA BEACH, VA 23451 BOATLIFT LOCATED IN TREASURE REV 4: APRIL 1 1 , 2022
CANAL IN BAY ISLAND
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LOCATION MAP
ENCROACHMENT
-, r• TREASUF CANAL ',` _ ,� ,.
:\ REQUEST
.1.!..
LARRY AND DONNA DEMMERLE
Legend �._ 2237 LEEWARD SHORE DR.
__
2409-1 9-57ss , G P I N: 2409-19-5768
City Properties ' ;.-' Feet
r` 0 50 100 200
Prepared by P.W./Eng./Eng.Support Services Bureau 06/07/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\2409-19-5768\2409-19-5768 Aerial.mxd
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FOR
LARRY AND DONNA DEMMERLE
Legend 2237 LEEWARD SHORE DR.
G P I N: 2409-19-5768
® 2409-19-5768
Feet
City Properties 0 50 100 200
Prepared by PW./Eng./Eng.Support Services Bureau 06/07/2022 X:\CADD\Projects\ARC Files\AGENDA MAPS\2409-19-5768\2409-19-5768.mxd
50
ITEM— V.K.8b
ORDINANCES
ITEM#73002
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to AUTHORIZE Temporary Encroachments into a portion of
b. City Property known as Lake Rudee, located adjacent to property
owned by Joseph J. Lamontagne re construct and maintain rip-
rap, wood open sided boathouse, wood pier, wood wharf and
wood pier DISTRICT 5 (formerly District 6-Beach)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE TEMPORARY
4 ENCROACHMENTS INTO A PORTION OF CITY
5 PROPERTY KNOWN AS LAKE RUDEE,
6 LOCATED ADJACENT TO PROPERTY OWNED
7 BY JOSEPH J. LAMONTAGNE
8
9 WHEREAS, Joseph J. Lamontagne (the"Applicant")desires to construct and
10 maintain 233 linear feet of rip-rap, a 20' x 35' (700 square foot) wood open sided
11 boathouse, a 424 square foot wood pier, a 4' wide (193.8 square feet) wood wharf and a
12 117.3 square foot wood pier within a portion of City property known as Lake Rudee
13 (collectively, the "Encroachments"), located adjacent to the Applicant's property identified
14 as Lot 1, Block 30, Shadow Lawn Heights, GPIN: 2427-01-6963(no address assigned)and
15 203 Caspian Avenue (GPIN: 2427-01-6928); 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, his heirs, assigns
26 and successors in title are authorized to maintain the Encroachments within a portion of the
27 City's property known as Lake Rudee as shown on the map entitled: "EXHIBIT A
28 ENCROACHMENT EXHIBIT SHOWING PROPOSED RIP RAP, OPEN SIDED
29 BOATHOUSE, WHARF, PIERS & EXISTING DOCK, PIERS AND PILES FOR JOSEPH J.
30 LAMONTAGNE I.N. 202000100354 LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS M.B.
31 7, PG. 14 GPIN: 2427-01-6963 CITY OF VIRGINIA BEACH, VIRGINIA", dated January24,
32 2022, prepared by Gallup Surveyors& Engineers, consisting of 5 pages, a copy of which is
33 attached hereto as Exhibit A and on file in the Department of Public Works and to which
34 reference is made for a more 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 Applicant(the"Agreement"), an unexecuted copy of which has been
39 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
t
44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
45 such time as the Applicant and the City Manager or his authorized designee execute the
46 Agreement.
47
48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t
49 day of June , 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
P;BLf C WOR , REAL ESTATE DA . A EYER
SENIOR CITY ATTORNEY
CA15608
\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d023\p040\00806710.doc
R-1
June 7, 2022
��0ALTIf 0 EX. WOOD PILINGS (TYPICAL) LAKE RUDEE
Gl TO BE REMOVED ° FLOOD e
�,r EBB
I LEGEND M H W
DA *• UTLER RIP-RAP ";=`- ° M ' :,
fe,
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REMAINS OF
TIMBER BULKHEAD
EXISTING RIP RAP ®5
(TO REMAIN) SEE SHEET 5 FOR LINE TABLE,
NOTES AND OWNERS.
EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING
0 40 80 PROPOSED RIP-RAP, OPEN SIDED
BOATHOUSE, WHARF, PIERS & EXISTING
DOCK, PIERS & PILES
Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 1 of 5 FOR
GALLUP JOSEPH J. LAMONTAGNE
I.N. 202000100354
I ) SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS
323 FIRST COLONIAL ROAD
VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM
MATCHLINE D- SEE SHEET 4
IN; ,0141
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EXISTING ��'� ' ' . 6\15•57 m � g u_ 1l9
WOOD PIER iibP/ ;
., ,r e r\ ,wiaTO BE ' 1 z ( !I sL19
REMOVED nC, L1 Q /r__
%- ®� MHW w k s.pp,
Li' MLW 1 _ 6�
PROPERTY LINE L20
PROPOSED 6"x6" PT �^.A6
1 EXISTING RIP RAP
WOOD BULKHEAD 4 Sg3,.
LOT 1 ,J..J �I
• ( 'f,--,- IC)
EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING
0 10 20 PROPOSED RIP-RAP, OPEN SIDED
BOATHOUSE, WHARF, PIERS & EXISTING
DOCK, PIERS & PILES
Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 2 of 5 FOR
GALLUP JOSEPH J. LAMONTAGNE
I.N. 202000100354
SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS
323 FIRST COLONIAL ROAD M.B. 7, PG. 14 GPIN: 2427-01-6963
VIRGINIA BEACH,VIRGINIA 23454
L
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM
���p,LTH O� 5.98' 6.37'
p Gl
EXISTING WOODiri
o DA • :UTLER o PIERS TO BE REMOVED
c.No. 38395 n 20.0'- - ..iftal. l
..q•
431°NAL E4 6'25'0 %OEN
0 10 20 �; SIDED BOATHOUSE
in
, PROPOSED
6.25' �= (424 SF)
LAKE RUDEE o a __ WOOD PIER
FLOOD ° 2.21' o co-c
� Z
EBB = 6 .M,
ao G Q. C 35.71' �_� _16 ,' C. 14
�o�
EXISTING WOOD
2 • — PILINGS (TYPICAL)
_IR` ��3:2=
mimeimm=m■ol• TO BE REMOVED
11111----T-----7----
15.25 o, 12.66' ,�
� � .II I i' .
il
r; ; ; , f EXISTING FLOATING
�1.22' . � .;o,l 11111 illill o —� DOCKS TO BE REMOVED
PROPOSED (117.3 SF)WOO ' PIER - �' 10 78'-� .o wira
PROPOSED 4'WIDE i�--- • 15•02,
(193.8 SF)WOOD WHARF N
20.07' &14.99' 7.63' : PROP•- ED
c\I ,61� I Ill '1l\I� {�i �i�l':�lll` �i: - , RIP
W I \ \ {I I{ I I I I! ,'i .�o r 233 LF TOTAL
2 \‘‘ ' ll - l 1111 b 7. '
uvMAW o22 e'. `_ `_ _3w ,5. a „„..a, — � ,: i/ o —o POPERTYLINE
' ' FT - Aik JP 'ii
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�C _ ,! E
2 n i k see SN
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11'67 ill PROPOSED 6"x6" PT L4 1/�,_ cNt,►N
L5 PT
Li WOOD BULKHEAD 6.o L6 M EXHIBIT A
EXISTING WOOD PIER ENCROACHMENT EXHIBIT SHOWING PROPOSED
TO BE REMOVED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF,
PIERS & EXISTING DOCK, PIERS & PILES
Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 3 of 5 FOR
14 GALLUP JOSEPH J. LAMONTAGNE
SURVEYORS & ENGINEERS I.N. 202000100354
323 FIRST COLONIAL ROAD LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS
VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:4S PM
MATCHLINE B- SEE SHEET 3 MATCHLINE C- SEE THIS SHEET
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ALTFI cX = ' $ 2p m
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� 5.37' u) O i
O " •PERTY ap ,--Jr- 0 '1
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6"x6" PT WOOD �'`-' 0.39'
BULKHEAD 4� 4 �( r
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L14 { Jo ,J OW'
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PROPOSED a ►�Cyr/ RIP-RAP "(� • �
NF C, I �\
Sc 233 LF TOTAL ( , _ �:
Ty/s SyFF MATCHLINE D- SEE SHEET 2
T
'Oc
EXHIBIT A
4 ENCROACHMENT EXHIBIT SHOWING
0 10 20 PROPOSED RIP-RAP, OPEN SIDED
winummimi BOATHOUSE, WHARF, PIERS & EXISTING
DOCK, PIERS & PILES
Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 4 of 5 FOR
I. GALLOP JOSEPH J. LAMONTAGNE
SURVEYORS & ENGINEERS I.N. 202000100354
323 FIRST COLONIAL ROAD LOT I, BLOCK 30, SHADOW LAWN HEIGHTS Np
VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:46 PM
ADJACENT OWNERS
KEY OWNER DEED LEGAL I PLAT GPIN
C) JOSEPH JOHN 20170901000748680 Shadow Lawn Hat Lots 2 M.B. 7, PG. 14 2427-01-6928
LAMONTAGNE & 3 Blk 30
'2 .CITY OF VIRGINIA BEACH 20100915000966510 Residual Parcel M.B 7, PG. 14 2427-01-8283
20191115000975940
PERCY LEE JR. &
®3 HARRIET H. JONES 3023 / 1010 Parcel A M.B. 7, PG. 14 2427-01-7858
REVOCABLE LIVING TRUST
0' CITY OF VIRGINIA BEACH 20100915000966510 RESIDUAL PARCEL M.B. 7, PG. 14 2427-01-8282
CITY OF VIRGINIA BEACH Shadow Lawn Hgt Closed
ORDINANCE ADOPTED 1/13/64 827 / 399 Portion Of Caspian Ave M.B. 7, PG. 14 2427-01-5854
JOSEPH JOHN Shadow Lawn Heights
LAMONTAGNE 202000100354 West 25ft x 60ft of M.B. 7, PG. 14 2427-01-5922
ORDINANCE ADOPTED 1/13/64 Caspian Ave Closed
NOTES:
1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY.
2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY
AND/OR ALL EASEMENTS OR RESTRICTIONS THAT MAY EFFECT SAID PROPERTY AS SHOWN.
3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY EUGENE T.
REYNOLDS LAND SURVEYOR DATED OCTOBER 24, 2020.
LINE TABLE LINE TABLE
LINE BEARING DISTANCE LINE BEARING DISTANCE �-t .LTH OF
L 1 S 21 13 12' E 29.87' L13 S 78 00 53" W 13.54' O Gf
L2 S 15'41'30" E 9.31' L14 S 75'12'40" W 12.13'L3 S 08'36'10" E 8.23' L15 S 76'28'55" W 11.26' UDA topAIP%,
TLER
> nr r " r *
L4 S 05'01 34 E 6.51 L16 S 81'39 31 W 16.87 • c.No. 38395
L5 S 01'57'46" E 4.50' L17 S 84'48'04" W 5.83' A-22 �,"
L6 S 03'07'41" W 6.19' L18 S 88'35'15" W 14.00' �4t4, �2 1��
L7 S 08'11'20" W 6.89' L19 N 86'05'15" W 12.91' s`sIONAL w�G
L8 S 21'42'55" W 4.69' L20 N 72'18'22" W 11.97'
L9 S 31'49'17" W 7.46'
L10 S 43'17'11" W 10.17'
L11 S 59'28'18" W 6.84' EXHIBIT A
L12 S 75'10'04" W 10.91' ENCROACHMENT EXHIBIT SHOWING
PROPOSED RIP-RAP, OPEN SIDED
BOATHOUSE, WHARF, PIERS & EXISTING
Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 5 of 5 FOR
GALLUP JOSEPH J. LAMONTAGNE
: P,....._,
SURVEYORS & ENGINEERS I.N. 202000100354
323 FIRST COLONIAL ROAD LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS
VIRGINIA BEACH,VIRGINIA 23454 DOCK, PIERS & PILES
M.B. 7, PG. 14 GPIN: 2427-01-6963
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment dwg,6/2/2022 2:14:46 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 ` r/
� � day of (,(f1/4) 2022, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and JOSEPH J. LAMONTAGNE, HIS
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee".
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 1" in Block 30; as shown on that certain plat
entitled: "MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE
CO", dated April 1924, prepared by Jno. M. Baldwin, C.E., which said plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
7, at page 14, and being further designated, known, and described as GPIN 2427-01-
6963 (no address assigned) in Virginia Beach, Virginia;
WHEREAS, it is proposed by the Grantee to construct and maintain 233
linear feet of rip-rap, a 20' x 35' (700 square foot) wood open sided boathouse, a 424
square foot wood pier, a 4' wide (193.8 square feet) wood wharf and a 117.3 square
foot wood pier, collectively, the "Temporary Encroachment", in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of existing City
properties known as Lake Rudee, the "Encroachment Area"; and
GPIN: CITY PROPERTY — LAKE RUDEE (GPIN 2427-01-8283)
GPIN: 2427-01-6963 (NO ADDRESS ASSIGNED)
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 PROPOSED RIP
RAP, OPEN SIDED BOATHOUSE, WHARF, PIERS &
EXISTING DOCK, PIERS AND PILES FOR JOSEPH J.
LAMONTAGNE I.N. 202000100354 LOT 1, BLOCK 30,
SHADOWLAWN HEIGHTS M.B. 7, PG. 14 GPIN: 2427-01-
6963 CITY OF VIRGINIA BEACH, VIRGINIA," dated
January 24, 2022, prepared by Gallup Surveyors &
Engineers, consisting of 5 pages, a copy of which is
attached hereto as Exhibit A and to which reference is made
for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
2
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood that the existing encroachments
referenced in the Exhibit as "TO BE REMOVED" shall be removed by the Grantee at his
expense prior to the installation of the Temporary Encroachment, 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
3
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 Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
4
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, JOSEPH J. LAMONTAGNE, the said Grantee,
has caused this Agreement to be executed by his 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/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
I
By
JO: ' PH . LAMONTAGNE, 0 ner
STATE OF
CITY/COUNTY OF U/P6M/A , to-wit:
The foregoing instrument was acknowledged before me this ry4 day of
(,� C , 2022, by JOSEPH J. LAMON A
_ ..�..gre; �. 'i (SEAL)
Notary "/ blic
Notary Registration Number: /49(3 -7 , CHRISTOPHER B.CAHOON
NOTARY PUBLIC
.,� REG.#193676
My Commission Expires: 345/ 9105— COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES 3/31/2025
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFF CY AND FORM
P =L2 C WOR — REAL ESTATE CI
7
4tALTIi 0, EX. WOOD PILINGS (TYPICAL) LAKE RUDEE
1s L TO BE REMOVED , FLOOD it
O a L1
��, EBB
e
LEGEND M H W
DA - UTLER RIP—RAP M '/®
IQ`• c.No. 38395 �1",
WOOD DECKING , N 4r ®`
0 r2,it 444,Y I—1 ‘1*..-4: i..NoSN #
SfONAL �Cs L3n' V
(1,'� L5 . ..
�0�• L7 : \
0' LOT 1 L8 0''(:?\\
cb
co
itL 11
1S e
O L12
L13 Or
0 L14 3
L15 ,.''''�'
\ /
c•
p��
,Pet': ki_ 0
Ae
w --,— MHW -, 4'� % '
Z L 16 LW 1%f,-
iSr
abm L17 4
a 4.
�' L18 r-..
a ® L19 1001-1-r4,f'
t...
•...:�,:'.
.�� 7►.
\''
REMAINS OF
TIMBER BULKHEAD ///<\
EXISTING RIP RAP ®5
(TO REMAIN) SEE SHEET 5 FOR LINE TABLE,
NOTES AND OWNERS.
EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING
0 40 80 PROPOSED RIP-RAP, OPEN SIDED
BOATHOUSE, WHARF, PIERS & EXISTING
DOCK, PIERS & PILES
Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 1 of 5 FOR
GALLUP JOSEPH J. LAMONTAGNE
SURVEYORS & ENGINEERS I.N. 202000100354
323 FIRST COLONIAL ROAD LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS
VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM
MATCHLINE D- SEE SHEET 4
MHW ( Fa
�ALTII O MLW I 111 tin
PN runt
G% M.e 7 �� PROPERTY LINE ` 6.00'�'
O � PG. I ��
v DA �D: UTLER 4 LOT 1 ��%�
r
c.No. 3839522
8395 �,
�0 242�4,� L16 , 1 d
C5N- )P II i• 1 r‘ai ;Jc
SIONA L E�
"lift
o
� = 6.00'ti W )
LAKE RUDEE L17 � el
0 N
FLOOD o D a
Ci) EBB O V � � n.
PROPOSED 4'WIDE a 00 D 4
(193.8 SF)WOOD WHARF co /
PROOSED w a L18 On 441 °
RIP-RAP 2 �% 8
1b 24 \\\\� (.1) • C)'
233 LF TOTAL �� ) ,J $.1
W
f:.\ .14,37-\\\\ \.---vow , = )
k.....,..4r. : :0404*--c5,2 T.4 -=
' 4:=:i.` . 40co 00 , 6.ov T CC 61/1a3
o �� Lc i! 1• �, 1`5:8 i Lu
o 314' //o,• - J U mI -'o &iI
' '
L 3.63 IFVU p EXISTING - ) �� Li .
WOOD PIER ,. o ; � __
v, ��
TO BE L1 AIIMIM a a L19
REMOVED ;\\ MHW ,M / 1600.
'� MLW \ ;` p.Miik.
PROPERTY LINE W L20
PROPOSED 6"x6" PT Y 'I EXISTING RIP RAP
WOOD BULKHEAD -- Sg3,.
LOT 1 ;�I
0'
EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING
0 10 20 PROPOSED RIP-RAP, OPEN SIDED
BOATHOUSE, WHARF, PIERS & EXISTING
DOCK, PIERS & PILES
Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 2 of 5 FOR
GALLOP JOSEPH J. LAMONTAGNE
I.N. 202000100354
SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS
323 FIRST COLONIAL ROAD M.B. 7, PG. 14 GPIN: 2427-01-6963
VIRGINIA BEACH,VIRGINIA 23454
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM
���ALTH OF 5.98' 6.37'
G
�O ,
0 EXISTING WOODv DABve%
TLER o PIERS TO BE REMOVED p'
` c.No. 38395 20.0' Ii
fi,r2. 4r MI
0 br-- A,' la Nue....., AM -
lim
armm
SSIONAL ��G ft. 6.25' PROPOSED 20'x35'
�� (700 SF)WOOD OPEN
b
0 10 20 SIDED BOATHOUSE
PROPOSED
'......„ 6.25' -A; (424 SF)
- c WOOD PIER
LAKE RUDEE o
FLOOD 22.21 c- -i�
o^
EBB .•...�`t M
G 35.71' �: 6.16' , P
7
r` Fir -
,G� 1,1
/ G 14
co • EXISTING WOOD
;; 4) A PILINGS (TYPICAL)
��� O `� ...� TO BE REMOVED
. gm o
a,jj11,---,1512256'
6' ,?
l
IIIIIIIjflj7jjjI EXISTING FLOATING
11.22 o ►-�;� DOCKS TO BE REMOVED
PROPOSED (117.3 SF)WO• • PIER i� 10• .78' 15 02'
14.11/
PROPOSED 4'WIDE
(193.8 SF)WOOD WHARF
��---- 6 PROP• ED
20.07' _&14.99' 7.63' -
• RIP
►C\J- �6 24 ;' I ,�' 11 t��I Ifln�111i 11 I�/et j�'=_�� - -
w �,�' I �. I I l i _�o �__ 233 LF TOTAL
w .0.
\\\\ , I �,1 i o r
4-A1 PE •w vW ��.��(o6, - 0 ' p I ='o PROPERTY LINE
- iiii
12.03 J Et 6 _• Aka 4441
v )� . L3 �� `;�[ ) _J SEE S
k.
o II 2 LOT 1 ��� ,--1,_�� ►
EB
> 11.6 PROPOSED 6"x6" PT L4 L5L � P1�NL►N
WOOD BULKHEAD 6.0' L6 M
EXHIBIT A
EXISTING WOOD PIER ENCROACHMENT EXHIBIT SHOWING PROPOSED
TO BE REMOVED RIP-RAP, OPEN SIDED BOATHOUSE, WHARF,
PIERS & EXISTING DOCK, PIERS & PILES
Scale: 1"=10' j Date: JAN. 24, 2022 I Sheet: 3 of 5 FOR
GALLUP JOSEPH J. LAMONTAGNE
SURVEYORS & ENGINEERS I.N. 202000100354
-2''':
323 FIRST COLONIAL ROAD LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS
VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:45 PM
MATCHLINE B- SEE SHEET 3 MATCHLINE C- SEE THIS SHEET
L _I.., -
6,/
L15 , L
l
oDs\
0H6.00,
1
a
\� I� i 549L9 Jr--" ,,, fjOwl" _1
O
L10 '\( ';\ a w0,i 1 w
��ALTN O� J `_xx Y ill § ``�'�' o m
N J L,J
O L1, L1 1 10111
2 i odra4 a �ti ].37 .) ct
? Y4 "
O Oii-1101aDA V.. :UTLER ° oc.No. 38395a �' W 4
Q.* 2 � \ ( � 4 cnL
4 Oa"
�ssl ,4� r
101� �� aONAL E L12 L� �� g
L' 599' , w
LOT 1
�1 o
L13 / 211 )7/:-: tipOi1 =�, ` ao w
PROPOSED �,� ) I w
6"x6" PT WOOD S39' . Q
BULKHEAD d �`0,y
l
J ire.,?6, LOT 1 ______) If
L14 • ll §
Ail(i., 9 UiZ
V
� p�i
t Q' i I ' 48' `-.1 _____i
''
MIJP,i
I . --J > 6,
L15 —/ 0‘
a 4 w
it
thl
o
x '''' _ill" A.nn,!
MgTcyC//4041 PROPOSED aJ� ►�.N�cc` RIP-RAP I�� ,
\,. F 233 LF TOTAL
F Ty�s Sy MA TCHLI NE D- SEE SHEET 2
7.
' 'Oc
EXHIBIT A
1 ENCROACHMENT EXHIBIT SHOWING
0 10 20 PROPOSED RIP-RAP, OPEN SIDED
BOATHOUSE, WHARF, PIERS & EXISTING
DOCK, PIERS & PILES
Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 4 of 5 FOR
GALLUP JOSEPH J. LAMONTAGNE
')
I.N. 202000100354
SURVEYORS & ENGINEERS LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS
323 FIRST COLONIAL ROAD M.B. 7, PG. 14 GPIN: 2427-01-6963
VIRGINIA BEACH,VIRGINIA 23454
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:46 PM
ADJACENT OWNERS
KEY OWNER DEED LEGAL PLAT GPIN
0' JOSEPH JOHN 20170901000748680 Shadow Lawn Hgt Lots 2 M.B. 7, PG. 14 2427-01-6928
LAMONTAGNE & 3 BIk 30
20 CITY OF VIRGINIA BEACH 20100915000966510 Residual Parcel M.B. 7, PG. 14 2427-01-8283
20191115000975940
PERCY LEE JR. &
03 HARRIET H. JONES 3023 / 1010 Parcel A M.B. 7, PG. 14 2427-01-7858
REVOCABLE LIVING TRUST
4' CITY OF VIRGINIA BEACH 20100915000966510 RESIDUAL PARCEL M.B. 7, PG. 14 2427-01-8282
CITY OF VIRGINIA BEACH Shadow Lawn Hgt Closed
827 / 399 M.B. 7, PG. 14 2427-01-5854
ORDINANCE ADOPTED 1/13/64 Portion Of Caspian Ave
JOSEPH JOHN Shadow Lawn Heights
0 LAMONTAGNE 202000100354 West 25ft x 60ft of M.B. 7, PG. 14 2427-01-5922
ORDINANCE ADOPTED 1/13/64 Caspian Ave Closed
NOTES:
1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY.
2. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY
AND/OR ALL EASEMENTS OR RESTRICTIONS THAT MAY EFFECT SAID PROPERTY AS SHOWN.
3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A PHYSICAL SURVEY PREPARED BY EUGENE T.
REYNOLDS LAND SURVEYOR DATED OCTOBER 24, 2020.
LINE TABLE LINE TABLE
LINE BEARING DISTANCE LINE BEARING DISTANCE ��.ALTH 0 ,
,
L1 S 21'13'12" E 29.87' L13 S 78'00'53" W 13.54' O Gf
L2 S 15'41'30" E 9.31' L14 S 75'12'40" W 12.13' e_ G�
L3 S 08'36'10" E 8.23' L15 S 76'28'55" W 11.26' DA 4 UTLER
L4 S 05'01 34 E 6.51' L16 S 81'39 31 W 16.87 c.No. 38395
L5 S 01'57'46" E 4.50' L17 S 84'48'04" W 5.83' �, ��22�,'.
L6 S 03'07'41" W 6.19' L18 S 88'35'15" W 14.00' �,��, 1,2 �w
L7 S 08'11'20" W 6.89' L19 N 86'05'15" W 12.91' SS'0NAL '
L8 S 21'42'55" W 4.69' L20 N 72'18'22" W 11.97'
L9 S 31'49'17" W 7.46'
L10 S 43'17'11" W 10.17'
L11 S 59'28'18" W 6.84' EXHIBIT A
L12 S 75'10'04" W 10.91' ENCROACHMENT EXHIBIT SHOWING
PROPOSED RIP-RAP, OPEN SIDED
BOATHOUSE, WHARF, PIERS & EXISTING
DOCK, PIERS & PILES
Scale: 1"=10' I Date: JAN. 24, 2022 I Sheet: 5 of 5 FOR
GALLUP JOSEPH J. LAMONTAGNE
l_ii SURVEYORS & ENGINEERS I.N. 202000100354
323 FIRST COLONIAL ROAD
LOT 1, BLOCK 30, SHADOW LAWN HEIGHTS
VIRGINIA BEACH,VIRGINIA 23454 M.B. 7, PG. 14 GPIN: 2427-01-6963
(757)428-8132(757)425-2390 FAX CITY OF VIRGINIA BEACH, VIRGINIA
W:\Lamontagne,Joe-203 Caspian Avenue\Drawings\21-15 Encroachment.dwg,6/2/2022 2:14:46 PM
51
ITEM— V.K.9
ORDINANCES
ITEM#73003
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$80,000 of American Rescue Plan Act
(ARPA)funding from the Commonwealth to the FY2021-22 Department of Human Services Operating
Budget re information technology infrastructure
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 AMERICAN RESCUE PLAN ACT FUNDING FROM THE
3 COMMONWEALTH FOR INFORMATION TECHNOLOGY
4 INFRASTRUCTURE
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 $80,000 of American Rescue Plan Act funding is hereby accepted from the Virginia
10 Department of Behavioral Health and Developmental Services and appropriated, with
11 revenue increased accordingly, to the FY 2021-22 Operating Budget of the Department
12 of Human Services for information technology infrastructure.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 stday of
June , 2022.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
*1-0/0j.
Budget and Management Services o 's
CA15854
R-1
June 8, 2022
52
ITEM— V.K.10a
ADD ON RESOLUTION
ITEM#73004
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT, Resolution to APPOINT Sue Cunningham to the position of Real Estate Assessor
Voting: 9-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, John D. Moss, Aaron R. Rouse, Guy K. Tower,
Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Abstaining:
N. D. "Rocky"Holcomb
Council Members Absent:
None
June 21, 2022
1 A RESOLUTION APPOINTING SUE CUNNINGHAM TO
2 THE POSITION OF REAL ESTATE ASSESSOR
3
4 WHEREAS, the City's Real Estate Assessor, Ronald Agnor, will retire effective
5 July 1, 2022;
6
7 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9
10 That pursuant to § 8.01 of the City Charter, Sue Cunningham is hereby appointed
11 to the position of City Real Estate Assessor, effective July 1, 2022.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of
June , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
ity or 's O ice
CA15849
R-2 (Appointment)
June 21, 2022
41- ix
o,�
71.
City of Virgi ni a B each
. 2 i
r
- OUR NA,S�pN'
VBgov.com
N.D.'ROCKY"HOLCOMB CELL PHONE:(757)416-2343
COUNCIL MEMBER RHOLCOMBaVBGOV.COM
DISTRICT 2-KEMPSVILLE
June 22, 2022
In Reply Refer to 0077088
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-
3115(F), Code of Virginia, I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on a resolution to appoint a new Real Estate Assessor and a resolution
regarding her compensation.
2. My adult son, who is not my dependent, is employed by the Real Estate
Assessor's Office.
3. I abstained from the City Council's consideration and votes on these two
resolutions.
Accordingly, I respectfully request that you record this declaration in the official records
of the City Council. Thank you for your assistance and cooperation in this matter.
Sincerely,
/7,6.
N.D. Rocky Holcomb
Councilmember
NDH/RRI
2401 COURTHOUSE DRIVE,VIRGINIA BEACH,VIRGINIA 23456
53
ITEM— V.K.10b
ADD ON RESOLUTION
ITEM#73005
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED,
BY CONSENT,Resolution re compensation of the City Real Estate Assessor
Voting: 8-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, Aaron R. Rouse, Guy K. Tower, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Abstaining:
N. D. "Rocky"Holcomb
Council Members Absent:
None
June 21, 2022
1 A RESOLUTION TO SET THE COMPENSATION OF THE
2 CITY REAL ESTATE ASSESSOR
3
4 WHEREAS, by separate action, the City Council appointed Sue Cunningham as
5 the City's Real Estate Assessor, effective July 1, 2022;
6
7 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
8 the City Council shall have their salaries and benefits determined annually by action of
9 the City Council;
10
11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That the salary of the City Real Estate Assessor shall be $140,000.
15
16 2. That the City will provide a vehicle allowance of $6,000 annually to the City
17 Real Estate Assessor.
18
19 3. That the effective date of this resolution is July 1, 2022.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 stday of
June , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
ir 's ice
CA15849
R-2 (Compensation)
June 21, 2022
GOA
*
City Of Nil rgi ni a B each
�r
9 aa`, <C9
Tics 5
Up OUR No0
VBgov.com
N.D.'ROCKY'HOLCOMB CELL PHONE:(757)416-2343
COUNCIL MEMBER RHOLCOMB a VBGOV.COM
DISTRICT 2-KEMPSVILLE
June 22, 2022
In Reply Refer to 0077088
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-
3115(F), Code of Virginia, I make the following declarations:
1. I am executing this written disclosure regarding the City Council's discussion and
vote on a resolution to appoint a new Real Estate Assessor and a resolution
regarding her compensation.
2. My adult son, who is not my dependent, is employed by the Real Estate
Assessor's Office.
3. I abstained from the City Council's consideration and votes on these two
resolutions.
Accordingly, I respectfully request that you record this declaration in the official records
of the City Council. Thank you for your assistance and cooperation in this matter.
Sincerely,
N.D. Rocky Holcomb
Councilmember
NDH/RRI
2401 COURTHOUSE DRIVE,VIRGINIA BEACH,VIRGINIA 23456
54
ITEM— V.L.1
PLANNING
ITEM#73006
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS
MODIFIED, BY CONSENT, Application of T-MOBILE CAMPUS EAST COMMUNITY
ASSOCIATION, INC for a Modification of Conditions re communication tower at 5642 Campus Drive
DISTRICT 4(formerly District 2-Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
T-MOBILE CAMPUS EAST COMMUNITYASSOCL4TION, INC for
a Modification of Conditions re communication tower at 5642 Campus
Drive (GPIN 1468156021)DISTRICT 4(formerly District 2-Kempsville)
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit granted on February 28, 2006, are hereby
deleted and superseded by the following conditions.
2. The tower shall be constructed substantially in adherence to the site plans entitled "VB/VEPCO
USVA3245 CAMPUS DR",prepared by Allpro Consulting Group,Inc., and dated March 16, 2022,
which has been exhibited to the Virginia Beach City Council and is on file in the Department of
Planning& Community Development.
3. A Landscape Plan shall be submitted to the Development Services Center of the Department of
Planning& Community Development for review and ultimate approval and shall be in substantial
conformance with the plan entitled "VB/VEPCO USVA3245 CAMPUS DR. ",prepared by Allpro
Consulting Group, dated March 16, 2022, which has been exhibited to the Virginia Beach City
Council and is on file in the Department of Planning & Community Development. All plantings
required by this Conditional Use Permit shall be properly maintained for the duration of the
tower's existence.
4. The communication tower shall not exceed 150 feet in height.
5. In the event interference with any City emergency communications facilities results from the use of
this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and
eliminate the interference. If the interference cannot be eliminated within a reasonable time, the
user shall immediately cease operation to the extent necessary to stop the interference.
6. As required by Section 232(r)(4) of the City Zoning Ordinance, should the antennas cease to be
used for a period of more than one (1)year, the applicant shall remove the tower, antennas, and
related equipment from the property within ninety(90) days.
7. No signage shall be permitted on the communication tower.
June 21, 2022
55
ITEM— V.L.1
PLANNING
ITEM#73006
(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21'day of June Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
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ITEM— V.L.2
PLANNING
ITEM#73007
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED, BY CONSENT, Application of AUTOBELL CAR WASH, LLC/BRENNEMAN
FARM RETAIL ASSOCIATES, LLC for a Conditional Use Permit re develop car wash facility at 4577
South Plaza Trail DISTRICT 1 (formerly District 2-Kempsville)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
AUTOBELL CAR WASH, LLC/ BRENNEMAN FARM
RETAIL ASSOCIATES, LLC for a Conditional Use Permit re
develop car wash facility at 4577 South Plaza Trail (GPIN
1476612426) DISTRICT 1 (formerly District 2-Kempsville)
The following conditions shall be required:
1. When the property is developed, it shall be in substantial conformance with the exhibits
entitled, "Preliminary Layout, " prepared by Kimley Horn, dated 01/28/2022 and
"Conceptual Landscape Plan, "prepared by Kimley Horn, dated 01/28/2022 which have
been exhibited to the Virginia Beach City Council and are on file in the Planning
Department, with the exception of modifications required by the Department of Public
Works and any other City departments in order to comply with City regulations and
policies.
2. When the building is constructed, it shall be in substantial conformance with the exhibit
entitled "Color Elevations — Scheme B, " prepared by MRA City Studio and dated
04/21/2022 and which has been exhibited to the Virginia Beach City Council and is on file
in the Planning Department.
3. The outparcel shall be allowed one freestanding sign which shall meet the provisions of
the City of Virginia Beach Zoning Ordinance. Any deviations to the design or appearance
of the sign shall be submitted to the Planning Department for approval prior to the issuance
of a sign permit. There shall be no electronic display components (LED and similar) or
neon installed on the sign or on the building.
4. The signage showed in the exhibit "Elevations—Color"and dated 02/14/2022 are subject
to review by the Zoning Division during the sign permit process and shall not be permitted
as shown unless it meets the provisions of the City of Virginia Beach Zoning Ordinance.
No additional signage shall be permitted on the building.
June 21, 2022
57
ITEM— V.L.2
PLANNING
ITEM#73007
(Continued)
5. No window or outdoor advertising banners, pennants, streamers or other such visual
devices beyond those permitted by the City Zoning Ordinance shall be permitted on the
property.
6. No water produced by activities at the facility lot shall be permitted to fall upon or drain
across public streets or sidewalks or adjacent properties.
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 21'day of June Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
46
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ITEM— V.L.3
PLANNING
ITEM#73008
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,
AS CONDITIONED, BY CONSENT,Application of SUITE MANAGEMENT FRANCHISING, LLC/
HILLTOP SQUARE INVESTORS, LLC for a Conditional Use Permit re tattoo parlor at 550 First
Colonial Road, Suite 23C DISTRICT 6(formerly District 6-Beach)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
SUITE MANAGEMENT FRANCHISING, LLC /HILLTOP
SQUARE INVESTORS, LLC for a Conditional Use Permit re
tattoo parlor at 550 First Colonial Road, Suite 23C (GPIN
2407879912) DISTRICT 6(formerly District 6-Beach)
The following conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the
approval of the Health Department to ensure consistency with the provisions of Chapter
23-51 of the City Code.
2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a
tattooing technique used in the application of permanent make-up. No other form of
tattooing shall be permitted.
3. The actual application of permanent make-up shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
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 21 S`day of June Two Thousand
Twenty Two.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
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59
ITEM— V.L.4
PLANNING
ITEM#73009
Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council
INDEFINITELY DEFERRED, BY CONSENT, Ordinance to ADD Section 209.5, DELETE Section
242.1 and AMEND Section 901 of the City Zoning Ordinance (CZO) re tattoo parlors and body piercing
establishments as permitted uses in B-2 Zoning CAR SPA, INC / GENERAL BOOTH VENTURE
GROUP,LLC for a Conditional Use Permit re car wash facility at the northeast corner of General Booth
Boulevard&Prosperity Road DISTRICTS (formerly District 6-Beach)
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
60
ITEM— V.M
APPOINTMENTS
ITEM#73010
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
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
HEALTH SERVICES AD VISOR Y 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
TA/ITA CITIZENS AD VISOR Y COMMITTEE
URBAN AGRICULTURE ADVISORY COMMITTEE
WETLANDS BOARD
June 21, 2022
61
ITEM— V.M
APPOINTMENTS
ITEM#73011
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
COURTNEY WHITE
JULIETTE DELEY
(Representing Student Members)
One year term 7/1/2022—6/30/2023
GREEN RIBBON COMMITTEE
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
62
ITEM— V.M
APPOINTMENTS
ITEM#73012
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
DR.AL VETA GREEN
Three year term 6/21/2022—5/31/2025
HEALTH SERVICES AD VISOR Y BOARD
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
63
ITEM— V M
APPOINTMENTS
ITEM#73013
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
BERNICE POPE
Unexpired term thru 10/31/2022
Plus three year term 11/1/2022—10/31/2025
HISTORICAL REVIEW BOARD
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
64
ITEM— V.M
APPOINTMENTS
ITEM#73014
Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED:
VINCENT MEDINA
Five year term 6/21/2022—5/31/2027
STOP INC. BOARD OF DIRECTORS
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky" Holcomb, John D. Moss, Aaron R.
Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
June 21, 2022
65
UNFINISHED BUSINESS
ITEM#73015
Mayor Dyer advised he would like to discuss the necessary timeline to fill the Bayside District vacancy thru
the end of Mr. Jones's term ending on December 31, 2022. Mayor Dyer read the proposed timeline,
attached hereto and made a part of the record.
Ms. Barnes asked if the Statement of Economic Interests will be required along with the mentioned letter
of interest and resume, as it has been submitted in the past.
Mayor Dyer confirmed all three (3) documents will be required.
Vice Mayor Wilson advised it is important prospective candidates understand they must live in the current
Bayside District and while this is difficult, she believes Louis would not want his seat to remain vacant until
the next election.
Mayor Dyer asked the Body if they had any additional comments.
Council Member Moss advised he wanted to remind the public that since there will not be a City Council
Meeting next Tuesday, he and Council Member Tower will hold a public engagement meeting next Tuesday
to take feedback on the proposed Noise Ordinance from 2:00 P.M -4:00 P.M in building 19.
June 21, 2022
PROPOSED TIMELINE
60 DAYS FROM JUNE 18 IS AUGUST 17TH
• SUBMIT AD TO PILOT: JUNE 22ND
• AD IN PILOT: JUNE26TH &JULY3RD
• APPLICATION DEADLINE: JULY 8TH
• REVIEW APPLICATIONS: JULY 12TH
(Closed Session)
• LISTING OF CANDIDATES TO BE INTERVIEWED JULY 12TH
(Made Public)
• SPECIAL SESSION/PUBLIC INTERVIEW: AUGUST 2ND
(Early afternoon start time)
ANNOUNCE FINALIST
• PUBLIC COMMENT AUGUST 9TH
REGULAR MEETING/VOTE SCHEDULED
FOR APPOINTMENT AUGUST 9TH OR 16TH
66
ADJOURNMENT
ITEM#73016
Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 9:05 P.M.
r
TerriTTMeli
Chief Deputy City Clerk
Amanda Barnes, MMC Robert M. Dyer
City Clerk Mayor
June 21, 2022