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Home My WebLink AboutJULY 12, 2022 FORMAL SESSION MINUTES t. ii-21 `_ S) L Ol R hA .� �tiI VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 12, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, Building 3, on Tuesday, July 12, 2022, at 3:00 P.M. Mayor Dyer advised this will be the last City Council Meeting in Building 3, as the Body will move all future meetings to the Chamber in the new City Hall in Building 1. Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky"Holcomb, John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Barbara M. Henley—Arrived at 4:29 P.M Aaron R. Rouse—Arrived at 2:44 P.M 2 CITY COUNCIL'S BRIEFINGS MILITARY AVIATION MUSEUM ITEM#73045 1:02 P.M. Mayor Dyer welcomed Dr. Glenn Carwell, Gerald Yagen, owner and Keegan Chetwynd, Director — Military Aviation Museum. Dr. Carwell expressed his appreciation to City Council for their continued support and turned the presentation over to Mr. Yagen: MILITARY AVIATION MUSEUM rni II I// L � ..1111.11111411111111 City Council Update 7/12/2022 „,fri Here is, "Our Mission": --'-.- - . r ' 6c —.1i A : P6.1 .j ce` �� ©� i - _ — V'(a)_.mii%) —. iii". The Military Aviation Museum honors the heroes who built,flew and maintained America's military 0 u r Mission aircraft.By sharing their stories through exhibitions and events,we promote an understanding of history,science,service and sacrifice that will inspire and educate visitors of all ages. July 12, 2022 3 CITY COUNCIL'S BRIEFINGS MILITAR YAVIATION MUSEUM ITEM#73045 (Continued) Mr. Yagen turned the presentation over to Mr. Chetwynd: ,, r. ; . ,......... . , ,,:.: , . i.• .,, .0.e. „. .. , , 1 ., . ... ., ,... . . . ............. , ,r4e ik,, :;: . 7 . .r ,.,,,4 : '.. .. 9 Cs`,.. :\\\\41.-- . \ , rot 't ' ._ - 0 u r Vision To be an Aviation Museum unlike any other,creating a space where visitors can embrace the lessons of global conflict and reflect on foundational American values in a modern context. " --�? , '(' Our flying aircraft are more than metal,fabric and wood.They are time machines that provide a tangible link to We Believe the period in history that gave birth to the modern world,a time when the United States was forged into the nation we know today through industrialization,innovation and the social changes precipitated by conflict on a global scale. July 12, 2022 4 CITY COUNCIL'S BRIEFINGS MILITARYAVIATION MUSEUM ITEM#73045 (Continued) The next several slides provide an overview of the Museum's history,programs and opportunities: Vto ' 4 ,.- - V !-- —4,- •b-!a. tr------ Each Aircraft Represents a culmination of technological and manufacturing achievements,each is a crystallization of the American spirit,and each is kept flying as a monument to the sacrifices made by the whole country in the cause of freedom. 4 b iI, .y Ci- - " . 4,4t A, - ..= -ram X. di . , , . _ ._ . r lit_ v, . ...- • There are only a few different locations in the world where you can experience a collection Unique Experiences I like this up close.Demonstrations and performances allow guests to connect with the people who fly it,maintain it—and with the stories of those who did so during the war. July 12, 2022 5 CITY COUNCIL'S BRIEFINGS MILITARYAVIATION MUSEUM ITEM#73045 (Continued) t .4 I, - ' :- .,...•,----_I. ---- ,.. , jai, We invite the public to enjoy the aircraft as operating artifacts and connect visitors to the stories that Exploring History surround each.From wartime to restoration and recovery,each aircraft provides an educational launch pad for generations of Americans who did not directly experience the war. 11 L10 • fill t„ / \ ..„ , 1.; ly'. foil \'' 1 , 1 . . In keeping with our commitment to engaging,entertaining,high-quality offerings, STEMEnrichment Museum programs also emphasize the Science,Technology,Engineering and Math learning opportunities the collection creates. July 12, 2022 6 CITY CO UNCIL'S BRIEFINGS MILITARY AVIATION MUSEUM ITEM#73045 (Continued) . ..' ..' - ' trir*Ne7. 0,-,tflIk.' ' \ ... ,.-,. ..,'4,i.r.t. -. '....: :4. , .-...ji....." - _tiri----.- ',, .\ -. - .,...71111111b'-. + \ r, :i."!.:.- 010,.\ • ., _...- ,: or; ,- _ 40 , . _ .. , .._ — • •s. r` A. ,.. �+J� r 1 A, Programming at the Museum also creates on-ramps for our community to access the AccessOpportunities opportunities that aviation can create.The Museum works regularly with groups like Women in Aviation,the Virginia Department of Aviation,aggnd the Experimental Aircraft Association. • ,,,,„441iiiiiit.„:„....„,,,,, _ • ^4 j - 107:-- iii The Museum also amplifies stories about our local region during WWII. Sh a ri n g Lo ca I H i story Whether it is tracking German U-Boats off the Outer Banks,or flight training in Pungo and Creeds,the public can engage with the history all around us. ' I : — - `,` :A July 12, 2022 7 CITY COUNCIL'S BRIEFINGS MILITARYAVIATION MUSEUM ITEM#73045 (Continued) . 4 _ , rTM i --. ,) '''------41.- %*4. ISAI . ' , ) 6 \ t ok c ., .... ,• It . •,. i Ie i dam'. ►-� II Recognizing Our Shared History Americans, have more in common than separates us Th The Museum highlights the history we all share,recognizing diverse perspectives. ' „\` V. '..y --a ii mi.\ . \\ t ,./ v ....... 11 )i 1 -- 1- It OW ;Iii _1 i Programs and events at the museum also provide our local Veterans PI atfo rm i ng Local Stories a platform to share their stories while creating a venue for the public to celebrate their service. July 12, 2022 8 CITY COUNCIL'S BRIEFINGS MILITARY A VIA TION MUSEUM ITEM#73045 (Continued) TN \ ., .------- -TT---____ ,...,..z , ii,„ , (;� N!„, , ��!- - ' •' ._ t.. --- - . 7Wee ri i. ' '', ' .,,. , i-4.: 14 1 z,774 i ________ i ‘. ---•,, Events throughout the year provide the public a chance to Celebrating History Together come together and share a social experience around the collection.Next up is our South Pacific Hangar Dance. IRcar^_z,vo^PLt941,ner . z. V,000, ,1-..7-•'Mk crinfire;111114 EGG DROP FLIGHT WEEKLY FLYING DEMONSTRATIONS IARBIRbS ,..THE BEACH July 12, 2022 9 CITY COUNCIL'S BRIEFINGS MILITARYAVIATION MUSEUM ITEM#73045 (Continued) 1 41/$ 'I(' :..: it Af; . V[ it A,,00, 4 jr-\,..., _ , . _IT lilri ' ' / Vim ., s— g:. , 4"... i.` ti 1r i ':` . 1 t- t' 'Y_! / jam,` ,::. ,...- 9 4 '4' ., ii i ,,,' .i:1 0 w, , i oi Here is, "What's Next": i II c' ' 0001.f' s. r .. I i L.` i- -' mos. r t ,i fl _ ,J06j L With an unequalled collection and a strong base of public programs in place,we are growing our What's Next? exhibits and interactive elements.We want to give people the opportunity to engage with history in a more hands-on way year-round than we are able to currently. July 12, 2022 CITY COUNCIL'S BRIEFINGS MILITARY AVIATION MUSEUM ITEM#73045 (Continued) 4 4vp-i .,_,._ . * *****ftililiiibmseues.stwaii. :-. 1-_.;,,,,,,,,,74,,,,,,,,7et..-,1.:,,elt.,,,,°_::::c;,--A -- ........... ..____ _, ciiir"----- • , -. 440,— Q & A Mayor Dyer expressed his appreciation to Dr. Carwell, Mr. Yagen and Mr. Chentrynd for the presentation. July 12, 2022 11 CITY COUNCIL'S BRIEFINGS CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS ITEM#73046 1:36 P.M. Mayor Dyer welcomed James B. Wood, Chair and Walter Camp, Vice Chair. Mr. Wood expressed his appreciation to City Council for their continued support: Citizens Committee _ on `. Boards & Commissions - 01 aet -,„1/4-7.- h " ... _---)13' -- ,d.r..s.....14 I f t .4 i Final Report and Recommendations m'. to City Council ' July 12, 2022 1 _ _ . , Here are the Appointed Members and Liaisons: Citizens Committee on Boards & Commissions Appointed Members Staff Liaisons • James B. Wood, Chair • Amanda Barnes, City Clerk • Walter T. Camp, Vice Chair • Terri Chelius, Chief Deputy City Clerk • Lawrence Dotolo • Roderick Ingram, Deputy City Attorney • Douglas McLiverty • Neva White, Chief Strategy Officer • Bernice Pope • Melissa Zibutis, Asst to the City Manager • Stacey Shiflet • Sylvia Nery-Strickland City Council Liaisons • Michael Berlucchi • Barbara Henley 2 Ci6uns Committee on Boards&Commissbns t July 12,2022 I Report and Recommendeeons to City Coundl - 4/; July 12, 2022 12 CITY COUNCIL'S BRIEFINGS CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS ITEM#73046 (Continued) Here is the CCBC Mission: CCBC Mission: Identify Best Practices & Recommend Improvements to: • Appointment Process • Board Operations • Staffing For Agencies with Citizen-Members Appointed by City Council • 3 Citizens'Committee on Boards&Commissions )July 12.2022 ) Report and Recommendations to Crty Council Here are the Agencies Within CCBC's Work Scope: Agencies Within CCBC's Work Scope: Advisory Agencies(standlllj Advisory Agencies(temporary) 2040 Vision to Action Community Coalition Citizens Committee on Boards and Commissions Active Transportation Advisory Committee Flood Prevention Bond Referendum Oversight Board Advertising Advisory Committee May 31st Memorial Committee Agricultural Advisory Commission Audit Committee Grantmakine Agencies Bayfront Advisory Commission Arts and Humanities Commsson Beaches and Waterways Advisory Commission Community Organization Gram Review and Allocation Committee Clean Community Commission Community Criminal Justke Board Quasi-Judicial Aeencles Community Policy and Management Team(CSA-At Rok) Board of Building Code Appeals Community Services Board Rood of Zoning Appeals Green Ribbon Committee Chesapeake Bay Preservation Area Board Health Services Advisory Board Historical Review Board Historic Preservation Commission Independent Citizen Review Board Housing Advisory Board Old Beach Design Review Committee Human Rights Commission Personnel Board Military Economic Development Advisory Committee Planning Commission Minority Business Council Stormwater Appeals Board Oceans land Use Conformity Committee Wetlands Board Open Space Advisory Committee Parks and Recreation Commission Independent&Regional Agencies Process Improvement Steering Committee Eastern Virginia Medical School Public Library Board Hampton Roads Military and Federal Facilities Alliance Resort Advisory Commission Senior Services of Southeastern Virginia Social Services Advisory Board Southeastern Tidewater Opportunity Project(STOP) Transition Area/Interfacility Traffic Area CAC Tidewater Community College Board Urban Agriculture Advisory Committee Tidewater Youth Services Commission �•'"'��4 Virginia Beach Towing Advisory Board Virginia Beach Community Development Corporation • Virginia Beach Development Authority 4 en Boards S com31rie:.i,5 I July 12.2C.22 j Report and Reccnnmendatan:tc Ci;y Coun, July 12, 2022 13 CITY COUNCIL'S BRIEFINGS CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS ITEM#73046 (Continued) Here are the Agencies Not Within CCBC's Work Scope: Agencies Not Within CCBC's Work Scope: Agencies Without Council-Appointed Citizen Members Mayor's Commissions Atlantic Park Community Development Authority Mayor's Alternative Energy Task Force Deferred Compensation Board Mayor's Commission on Aging Hampton Roads Economic Development Alliance Mayor's Commission on Offshore Wind and Clean Energy Hampton Roads Military and Federal Facilities Alliance Mayor's Committee for Persons with Disabilities Hampton Roads Planning District Commission Mayor's Taskforce on Technology and Innovation Hampton Roads Transportation Accountability Commission Mayor's Tax Relief for the Elderly and Disabled Task Force Hampton Roads Transportation Planning Organization Mayor's Veterans Committee In-House Pharmacy Exploratory Committee Mayor's Virginia Beach IDEA Commission Planning Council Southeastern Public Service Authority of Virginia(SPSA) Individual Council Members'Advisory Groups Southside Network Authority Transportation District Commission of Hampton Roads(HRT) • 5 Crbaens'Committee on Boards 8 Commissions I July 12,2022 I Report and Recommendations b City Council Here is an overview of the CCBC Methodology& Timeline: CCBC Methodology & Timeline Work Products Achievements Along the Way. Recommendations Templates .Moving Targets-Adjustments Redistricting.COVID.Council's Actions&Discussions Executing the Missio Met 29 Times,Conducted 2 Surveys.500+Volunteer Hours Examined>100 Other Localities Groundwork 'Took Inventory.Clerks 60-item To Do List Website Pamphlet Ordinances 2003 Committee Report • Start-up/Stand-down ' Nov 2019 Ordinance.Feb 2020 Appointments.CO ID Suspension until Nov 2020 6 Citizens'Committee on Boards&Commissions I July 12.2022 l Report and Recommendations to City Council July 12, 2022 14 CITY COUNCIL'S BRIEFINGS CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS ITEM#73046 (Continued) Key Opportunities for Improvement: • Public Engagement et) 7.0 • Efficiency of Operations s • Mission Fulfillment/ Effectiveness ?i4 1 . i ► , 7 Citizens'Committee on Boards&Commisaions I July 12,2022 I Report end Recommendations to Coy Council Rationales for Recommendations: • Address Key Opportunity Areas • Serve the Public Interest • Administrative Simplicity440 446, • Sustainability • Solve Known Problems, Universally Where Possible July 12, 2022 15 CITY COUNCIL'S BRIEFINGS CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS ITEM#73046 (Continued) Here are the Key Recommendations: Key Recommendations: • Standard B&C Software— acquire & implement • Training for Appointees and Staff Liaisons— implement • Attendance— modify Quorum & enforce policies • Annual Reports— simplify& require • Operations— standardize procedures 9 Citizens'Committee on Boards 8 Commissions I July 12.2022 I Report and Recommendations to City Council •,••.' The next few slides provide the Topics Addressed: Topics Addressed - Onboarding: • Recruiting & Marketing • Conflicts of Interest • Social Media • Background Checks • Youth Involvement • Interviews & Recommendations • Prospective Appointees • Training Programs • Talent Bank Applications for Appointees& Staff '- 10 Citizens Committee on Boards 8 Commissions I July 12.2022 I Report and Recommendations to City Council July 12, 2022 16 CITY COUNCIL'S BRIEFINGS CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS ITEM#73046 (Continued) Topics Addressed - Operations: • Attendance • Recognition • Expiration of Terms • Council Liaisons • Reappointments • Staff Liaisons • Appointments by Position • Terms of Office • Removal of Appointees 1 Citizens'Committee on Boards&Commissions I July 12.2022 I Report and Recommendations to City Council - Topics Addressed - Effectiveness: • Annual Reports • Bylaws • Agency Missions • Meeting Requirements • Establishing & Sunsetting • General Recommendations Including Boards&Comm.Software if t: 12 Citizens Committee on Boards 6 Commissuns July 72.2022 I Report and Recommendations to City Courted July 12, 2022 17 CITY COUNCIL'S BRIEFINGS CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS ITEM#73046 (Continued) Here are the Implementation Acceleration Tools Already Created or Updated by the CCBC: Implementation Acceleration Tools: Already Created or Updated By the CCBC (Report Appendices): • Talent Bank Application • Attendance Record Template • Includes Principles of Service • Reappointment Request Form • Student Talent Bank Application • Annual Report Template • Training Modules for Appointees • Bylaws Template • Training Modules for Staff • Meeting Minutes Template i 13 Citizen,Committee on Boards 8 Commissions I July 12,2022 I Report and Recommendations to City Council Implementation: • Council • Adopt Recommendations(after review&any revisions) • Set First Year Annual Report Requirement • Anticipate Funding Boards&Commissions Software • Staff(some immediate steps.some over time): • City Clerk's Office: Procedures&Software • City Attorney's Office: Ordinance Revisions • Communication,Training&Roll-Out to Appointive Agencies&Liaisons • Citizen Support—Committee 14 Ctttzens'Committee on Boards 8 Commissions I July 12 2022 I Report and Recommendations b City Coundl 1.4�_ July 12, 2022 18 CITY COUNCIL'S BRIEFINGS CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS ITEM#73046 (Continued) Questions? 15 Cozens Committee on Boards&Commissions I July 12.2022 I Report end Recommendations to City Council Mayor Dyer expressed his appreciation to Mr. Wood and Mr. Camp for the presentation. July 12, 2022 19 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 2:19 P.M. Mayor Dyer welcomed Dr.Larry Schooler, Director—Kearns& West and Members of the 5/31 Memorial Committee. Dr. Schooler expressed his appreciation to City Council for their continued support: 5/31 Memorial Committee Update and Next Steps Report to City Council WO July 12,2022 .a.:�•. We remember • LaQuita C. Brown • Michelle "Missy" Langer • Ryan Keith Cox • Richard H. Nettleton • Tara Welch Gallagher • Katherine A. Lusich Nixon • Mary Louise "Mary Lou" • Christopher Kelly Rapp Crutsinger Gayle • Herbert "Bert" Snelling • Alexander Mikhail Gusev • Robert "Bobby" Williams • Joshua O. Hardy 5/31 Memorial Committee/July'2,2022/Update and Next Steps Repot_ rdimiii 2 July 12, 2022 20 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) Here is an overview of the Role of 5/31 Memorial Committee: Role of 5/31 Memorial Committee • Create a vision for the memorial and set project goals and priorities • Engage and advocate for families, survivors, community members, and other stakeholders • Develop design criteria and recommendations for the memorial site and funding • Select a preferred location for the memorial • Provide project budgets, mobilize funding,and solicit design proposals • Conduct the selection process • Make a final recommendation to the City Council • Oversee the installation and dedication of the memorial 5/31 Memorial Committee I July 12,20221 Update and Next Steps Report- - 3 Here are the Committee Members: Committee Members • George Alcaraz • Jason W.Nixon Committee Has Met: • William"Billy"Almond • Tara Reel • February 23-24,2022 • Ervin R.Cox • Sergeant Brian K.Ricardo . March 30-31,2022 • Sharon R.Felton • Sylvia Strickland • Dr.Kurt's P.Hooks • Charlotte H.Zito • April 27-28,2022 • Lawrence W."Duff"Kliewer • July 11,2022 • Cosette"Cozy"Livas Meetings live streamed and on Council Liaisons: vbgov.com for later review. • The Honorable Michael Berlucchi • The Honorable Sabrina Wooten 3rd Party Family and Survivors Liaison and Committee Facilitator: • Shelby Slutzker and Larry Schooler,Kearns&West 5%31 Memorial Committee/July 12,2022/Update and Next Steps Repckt.;` 41 4 July 12, 2022 21 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) Here is a summary of the Progress of the 5/31 Memorial Committee: Progress: 5/31 Memorial Committee • Evaluated locations and reached consensus on future memorial location(s) • Considered design elements and reached consensus on desired components for a future memorial • Maintained active, ongoing engagement with families of those whose lives were lost on 5/31 • Solicited community input via in-person, telephonic, and online survey, resulting in feedback from over 500 participants 5 Memorial Committee/July 12.2022/Update and Next Steps Report 5 Committee's Discussion on Purpose of the 5/31 Memorial • Celebrate • Capturing time and legacy • Remember • Bringing the community • Heal together • Connect • Gathering spot • Share a story • Honor • Recognize survivors • Sharing stories • Place to pause • Education • Sympathy and love • Generational • Accessibility • Sense of moving forward • Physical architecture • Continued awareness • Abstraction • Reflection 5/31 Memorial Committee/July 12.2022/Update and Next Steps Rep•d 6 July 12, 2022 22 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) What do you want to feel and discover at the 5/31 Memorial? FEELINGS THOUGHTS • Calm • Inspiration • Quiet reflective place • Peaceful • Educational • Contemplation • Healing • Perspective • Abstraction • Meditative • Small and • Simplicity and impact • Hurt humbled • Opportunity to learn • Clarity • Gratitude • Ability to touch,read,walk • Connection to • Confusion . Importance of the story told those • Remembrance • Continuing legacy memorialized • Emotional—loss • Reminder that life is precious • Curiosity and grief • Importance of space and place 5,31 Memorial Committee/July 12,20221 Update and Next Steps Repoli 7 Community Engagement S/31 Memorial Committee/July 12,2022/Update and Next Steps Report :: ` 8 July 12, 2022 23 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) Here is a summary offamily and survivor input received regarding the location of the 5/31 Memorial: 5/31 Memorial Community Engagement Input from Families and Survivors: Themes of comments collected through site criteria questionnaire,phone calls, emails,and online community survey: Location • Support for a memorial in close proximity to Building 2(some concern about visiting the Municipal Center) i • Mixed support for sites A and D(some concern about upsetting neighbors close to site D) • Preference for an indoor memorial component to be incorporated at the location of the permanent memorial • Support for a prominent and open memorial with the opportunity for privacy 5131 Memorial committee/July 12,2022!Update and Next Steps R 9 Here is a summary offamily and survivor input received regarding the design elements: 5/31 Memorial Community Engagement Input from Families and Survivors: Themes of comments collected through site criteria questionnaire, phone calls, emails,and online community survey: Design Elements • Support for incorporating the names of • Strong support for a water feature and/or information about the victims • Strong support for green space (several survivors wish to stay • Support to incorporate lighting features anonymous) • Support for benches or seating • Support for a minimalist design • Opposition to religious symbols 5,31 Memonal Committee 1 July 12.2022/Update and Next Steps Repat.k;; tU July 12, 2022 24 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) Community Engagement Update (cont'd) Building 2 Staff Listening Sessions: The Kearns&West Facilitation Team hosted 5 listening sessions for Building 2 staff on April 27t''and April 28th,2022.There were attendees from the following departments: • Public Safety/Emergency Management • Information Technology • Finance • Parks and Recreation • Public Uti'ites • Planning • Publ c Works 5/31 Memorial Committee I July 12,20221 Update and Next Steps R �� Here is a summary of input received during Building 2 Staff Listening Sessions: Community Engagement Update (cont'd) Building 2 Staff Listening Sessions: Location • Support for a marker at or adjacent to Building 2 directing to a memorial elsewhere • Mixed support for sites A—D(some concern about visiting the Municipal Center and neighbors adjacent to site D) Design Elements • Strong support for a water feature • Strong support for benches or seating • Support for integrating painted rocks • Desire for a minimalist design integrated with Municipal Center architecture - Other Considerations • Need to focus on those who died,were seriously injured,and Building 2 survivors • Resonated with Sandy Hook and ODU memorials • Want to engender healing and strength of the community but prefer not to use the word "resilience" 5/31 Memorial Committee/July 12,2022/Update and Next Steps Repot. "-- 12 July 12, 2022 25 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) Here is an overview of the 5/31 Memorial Community Engagement: 5/31 Memorial Community Engagement (cont'd) Community Meeting: Online Community Survey: IN-PERSON ATTENDEES 5 PARTICIPANTS 415 TELEPHONE RESPONSES 5,182 PARTICIPANTS 650 COMMENTS 301 5/31 Memorial Committee/July 12,20221 Update and Next Steps Report1111 13 The next two (2)slides provide the Online Community Survey Summary: 5/31 Memorial Community Engagement (cont'd) Online Community Survey Summary: Question Agree Neutral Disagree To what extent do you believe the 5/31 permanent memorial 81% 7% 12% a should be situated at the Municipal Center complex'? To what extent do you believe that part or all of the memorial 66% 18% 15% should be situated at or adjacent to Building 2? To what extent do you believe that part or all of the memorial 78% 13% 9% should be on City-owned land? To what extent do you believe that the 5/31 memorial should be 8p/O 12% 80% partly or fully situated at the Oceanfront? To what extent do you believe that the 5/31 memorial should 36% 23% 41% have multiple components? 52%of respondents wot:id like to see a prominent and open memorial,visible from the street,and 30% would like to see a mid-sized memorial,minimally visible from the street. 5/31 Memorial Committee/July 12.2022/Update and Next Steps Report = 14 July 12, 2022 26 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) 5/31 Memorial Community Engagement (cont'd) Location • Support for a memorial in close proximity to Building 2 • Support for a plaque with victim s names at Building 2 -_.:Design Elements • Strong support for a water feature i 7,2_ — • Strong support for green space(12 trees,gardens,forget me not flowers) _ _ _ _- • Support for incorporating the names of and information about the victims _ ==___ • Support for benches -- • Support for incorporating forget me not symbol ==___= ............ • Support for incorporating elements of the temporary memorial(painted rocks) Other Considerations • Need to prioritize feedback from families and survivors • Support for recognizing first responders • Strong support for recognizing survivors and Building 2 employees • Desire for the memorial to be a quiet place for reflection and healing 5'31 Memori al Committee 1 July 12,2022/Update and Next Steps R4111111111111111111 5 Analysis of Potential Sites 5/31 Memorial Committee/July 12,2022/Update and Next Steps RepOR.. 16 July 12, 2022 27 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) This map identifies the Potential Memorial Sites Tour: Potential Memorial Sites Tour Melee Y.00.W)3K) — .. v.w.+...m.VA)N56 MUM. `. oa . R.I RO MNCOMMONSWM - N...d NNN.I.MIN SIN "'N MI O"-Nos • NAM AM Al NN•AN.IRS r� N MIR.M IN KERR ION \' CININI IRS ` .. ‹: 11.' 41r � 1' WNW 1.f. TW0ORM.1 I.Y3)IC 3.0.. 7.�lLL WORN ORS _Y.R7.yevw nw..M.+R O .i 5/31 Memorial Committee/July 12.2022/Update and Next Steps Repast -- 1 7 Here is 5/31 Memorial Site Evaluation Criteria to Consider: 5/31 Memorial Site: Evaluation Criteria to Consider • To what extent does the site help meet goals of: • Remembrance • Honoring those impacted • Healing • How important do you feel it is that the permanent memorial be on City-owned land? • How important do you feel proximity to Building 2 is for the permanent memorial? • At what scale do you envision the memorial? • What's around the site and how will a memorial affect the space? • What site features do you like or dislike? • Do you envision the memorial outdoors or indoors? • How important is physical and visual accessibility to the permanent memorial? • How important is it for the site to be"shovel ready"for the construction of the memorial? 5/31 Memorial Committee/July 12.2022/Update and Next Steps RaMt411118 July 12, 2022 28 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) 5/31 Memorial Site: Potential Questions to Consider How does the site feel, especially To what extent does the space in relation to feelings you want to allow for evoke: • Calm,tranquility • Quiet reflection,contemplation • Hurt,loss,grief • An opportunity to learn • Clarity • Abstraction • Curiosity • Ability to touch,read,and walk • Inspiration • Humility • Gratitude • Confusion 5/31 Memorial Committee/July 12,2022/Update and Next Steps Repots 19 Dr. Schooler turned the presentation over to Commissioners Jason Nixon, Tara Reel,Billy Almond and Lawrence "Duff"Kliewer who shared their feelings on Site A pictured below: Recommendation: Site Municipal Center O Site A ,t: s v d r- • _ 1 • ,r c t, r , , k—o. - ., t.*- .... ti L____Jkizawity . . - : 1 ... . .__, Ilr"'`—..-. ' -46.4-' r 'l' i;-....t:5P_..:Iiiiiia211F.'Sri:7--: Ail 5/31 Memorial Committee/July 12,2022/Update and Next Steps Repel,-,. .:iria 20 July 12, 2022 29 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) Commissioner Charlotte Zito provided the Memorial Goals: Recommendations: Memorial Goals • Remembers those lost by name, stories of their lives, and service to City • Acknowledges those wounded, both physically and psychologically(many survivors do not want to be recognized by name) • Creates a serene setting for quiet reflection, contemplation • Engenders empathy, sanctity of life, peace, healing, unity, strength of the community • Provides an ability to touch and opportunities to read and learn 5/31 Memorial Committee/July 12.2022/Update and Next Steps Repoli 21 Commissioner Sharon Felton provided the Design Criteria: Recommendations: Design Criteria • Accommodates people of all ages and abilities • Considers the full experience of the space through an integrated and interactive design • Considers appropriateness for the site, including scale and safety • Ensures low maintenance through use of permanent materials • Provides place to hold commemorations and remembrance ceremonies • Team must have a deep understanding of the complexity of this project 5/31 Memorial Committee/July 12,2022/Update and Next Steps R 22 July 12, 2022 30 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) Commissioner Becky Livas provided Design Elements: Recommendations: Design Elements • Park-like, minimalistic • Incorporate the forget-me-not • Seating options symbol (pending family and survivor input) • Walls, pavers, hardscapes, lighting, landscape design and • Possible marker at former functional elements Building 2 • Plant materials,flowers,trees • Tactile,texture • Water feature • Indoor component for display of temporary memorial items • Mediative,gentle curving path 5/31 Memorial Committee/July 12,2022/Update and Next Steps R 23 Commissioners Almond, Kliewer and Nixon provided the Next Steps: Recommendations: Next Steps • Issue Request for Qualifications(RFQ)from multi-disciplinary design teams • Design team's statement of interest,professional work history and portfolio will be evaluated by the 5/31 Memorial Committee • Committee will select up to two teams as finalists and each finalist will be awarded a $10,000 stipend to develop a site-specific proposal,preliminary timeline,and budget • Finoutalithsts e will havescopeof th thee m opportun emoriality to visit site,engage with stakeholders to learn more ab • Once finalists submit designs,Committee,families,staff,public will have opportunity to provide feedback on their design preference • Committee will recommend final design to Council 5/31 Memorial Committee/July 12.2022/Update and Next Steps4111 , 24 July 12, 2022 31 CITY COUNCIL'S BRIEFINGS 5/31 MEMORIAL COMMITTEE UPDATE ITEM#73047 (Continued) Commissioner Kliewer provided the Potential Timeline: Potential Timeline • August 9,2022:Resolution to Council to fund two(2)$10,000 design stipends to finalists&fund next phase of Kearns&West services • September 2022:Issue Request for Qualifications(RFQ) • October 2022:RFQ Submittal Deadline • October 2022:5/31 Memorial Committee reviews and selects up to two 2 finalists to submit site-specific designs and proposals • November 2022:Finalists visit sites,engage with stakeholders • Winter 2022/2023:Site-specific designs and proposals due from finalists,Committee solicits input from families,those impacted and public,and interviews finalists • Spring 2023:Committee recommends final design and budget to Council with possible funding options 5(31 Memonal Committee/July 12,2022/Update and Next Steps Repot' 411 25 Commissioner Nixon requested City Council extend the Kearns& West contract to continue facilitating the 5/31 Memorial Committee: Recommendations— Phase II: Continue Services of Survivor & Families Liaison, Committee Facilitation Extend Keams&West contract to facilitate the Committee's and public's review and selection of the RFQ's finalists and the facilitation of the final design selection. Extend Kearns&West contract to continue to engage with families and those who are affected by tragedy to gather their input on designs and keep them updated on the process. 5,31 Memorial Committee/July 12,2022/Update and Next Steps 26 Mayor Dyer expressed his appreciation to Dr. Schooler and all of the 5/31 Memorial Committee Commissioners who presented and were in attendance for the presentation. July 12, 2022 32 CITY MANAGER'S BRIEFING TIDEWATER COMMUNITY COLLEGE(TCC)HOTEL UPDATE ITEM#73048 3:16 P.M. Mayor Dyer welcomed Taylor V.Adams, Deputy City Manager. Mr.Adams expressed his appreciation to City Council for their continued support: ilk f a. Iii , , J - II . , t . III Princess Anne TCC - Home2 Suites Taylor Adams,Deputy City Manager City Council,July 12.2022 VB Here are the Disclosures: Disclosures • Applicant Name: Princess Anne Hotel, LLC • Representative/Manager: Page S.Johnson, II • Business Entities: Harmony Hospitality, Inc, Harmony Investments, Inc • Financial Institution:Towne Bank • Real Estate Broker/Agent: Colliers International for restaurant property sale • Architect/Landscaping: Becker Morgan Group • Pending/Proposed Purchaser of Property: Panda Express for restaurant property • Contractor: Hoy Construction • Engineer: MSA, P.C. • Legal Services: Singer Davis -0111111 V13 .. „..,. Economic Deve opment I July 12.2022 I Princess Anne Home2 Suites 2 July 12, 2022 33 CITY MANAGER'S BRIEFING TIDEWATER COMMUNITY COLLEGE(TCC)HOTEL UPDATE ITEM#73048 (Continued) Here is an overview of the Project Investment& Scope: Project Investment & Scope Development located at Princess ;‘``. : - ' ' , f Anne Road&Community ''± ~"�' b " College Place including. r_ ' 1.19 acre F - • _ rrestaurant '•'� '"'", ^ )_ T..i.,h 4" 2.16 acre, $17.7 M, 114 key '�_ ,,parcel hotel a - '. =A. , r, i: . • 1.19 acres, $2.8 M, 4,500 sf \:,._I / `s' restaurant �, "� - 1 �� • Phase 2 Option on adjacent -,fi,\N/ . - v 3.06 acre City-owned parcel • . N " .., for an additional hotel ( _� N • \ ' r N P + All:� ' L \ N �� IB — - ---,„ Economic Development I July 12,2022 I Princess Anne Home2- 3 Here is the Project Background: Project Background • Princess Anne Hotel, LLC purchased the - hotel and restaurant parcel from the City on0. c . HARMONY September 20,2019 for$1,936,300 '` ' 0•0•f 7'I•T•♦.`.,.,., li ($578k/3.35acres)and: --- ''-- -. • The City agreed to cost-participate for the off-site utilities at$475,000 q • Princess Anne Hotel,LLC was granted first e 11 1 1 right of refusal on adjacent 3.06 acres at a ali�1 t a-'I 1 $1,768,680 purchase price a.•..*t I , 1I II ($578k/3.06acres) ' -_ VOI` 4`` `A • Purchase agreement was amended HOME December 18,2019 to increase the City's =.=.wrc•,., "' cost-participation amount to$790,000 due " ` to actual pricing obtained for the off-site utility work WEconomic Development I July 12.2022 I Princess Anne Home2 SW1ee 4 July 12, 2022 34 CITY MANAGER'S BRIEFING TIDEWATER COMMUNITY COLLEGE(TCC)HOTEL UPDATE ITEM#73048 (Continued) Off-Site Utility Cost - May 2022 hqR Ir~1 bu.Irr lrrar.Pwes a.ir Y MCC.w.re Y. • Cost overruns due to design changes ,.._•y•C or es NW and pandemic economy induced price Ceet - increases by$250,456 t o,m.a"""�1 """° 11..+a4 ErN.QM1Yl.77 5157151 M 171M•c. V..•a. SUMO/ Wow C.....•S..Nee e.P^r. SU`V • Potential additional installation of 273LF of sewer along east property ..ral..arrra.ora line to serve phase 2 parcel: $70,200 N""""inedla'` ""'� ..n1.c..l l�..r r.r.nw w asr N91.GAsn MOOS 01Slr Bean 9aui1.ry V S..,S..w Ll/U um. 1.511.y.171721n VINO 6 E^'^ifa 1.br+ar acral r.r.d.r«M. 521// / N.C.aaart.17171 O.U.M..qn 137/1 NSA.Comm•12611 Mar teem*Nei Rw.ama MOO 1.1.. costs.K.w.r.a lnaz6u o.owr.•nor _�U7 11.1:1.1.1e1ONVI M OMNI. 11511541111 Y Yam./..NM3i rr.•... .sr n)lr eV...«80.1 a.0 NIB W,PIK..W.Wenrw 0Me0.07+rFi WU. Economic Development I July 12,2022 I Princess Anne Home2 Suites 5 Here is the Request: Request • Princess Anne Hotel, LLC is requesting a credit of$250,456-$320,656 for the off- site utility cost overruns on the purchase price of the Phase 2, 3.06 acre City- ( I I I _ ; - owned parcel for an additional hotel I f n III ! • The$1,768,680 agreed-upon purchase i1"" J I e i 1 1 price would be reduced to$1,518,224- $1,448,024 10/00/1.111111111 ,,. Economic Development I July 12,2022 Princess Anne Home2 Suites - 6 Mayor Dyer expressed his appreciation to Mr. Adams for the presentation. July 12, 2022 35 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73049 3:27 P.M. Council Member Moss advised he received feedback that the signage near the Lesner Bridge warning people of the dangerous current has been removed and requested it be replaced. July 12, 2022 36 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73050 (Continued) Council Member Moss advised he recently attended two Civic League meetings, one with Lake Bradford/Lake Chubb and the other with Lakeside. Council Member Moss advised both groups reported concerns with the lakes in their community having a decrease in water quality and volume which are affecting the vegetation and wildlife—primarily turtles. Council Member Moss suggested using resources from the Virginia Marine Institute and Police for their towed array sonar to measure if there has been a material change in the volume of water in the City's lakes. July 12, 2022 37 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73051 (Continued) Council Member Berlucchi advised the VBThrive Business Relief Grant Program is accepting applications until August 31, 2022 for small business owners to apply for financial relief Council Member Berlucchi advised there is approximately $10-Million in grants for businesses with less than 250 employees and businesses in the tourism, hospitality, and travel industry. Council Member Berlucchi encouraged anyone interested to go to https://www.lisc.org/hampton-roads/va-beach-cares for additional information. July 12, 2022 38 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73052 (Continued) Vice Mayor Wilson advised she traveled to Barcelona, Spain with Council Member Rouse as well as staff members from Economic Development who hosted a very successful event for approximately thirty (30) locals who wanted to learn more about business opportunities the City has to offer. Vice Mayor Wilson expressed staff did a phenomenal job, adding there are between six and nine (6-9) Spanish business representatives who are coming to the City in September to look at prospective business locations. Vice Mayor Wilson also expressed her praise and appreciation to Paige Fox, Business Development Manager I — Economic Development, who attended after leaving Manchester, England, where she was the only American representative to meet with wind energy companies during a symposium, resulting in eight (8) companies who are now interested in bringing their business to the City. Vice Mayor Wilson expressed her appreciation to Economic Development staff for the incredible job they are doing for the City. July 12, 2022 39 AGENDA REVIEW SESSION ITEM#73053 3:35 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinances to GRANT Nonexclusive Franchise Agreements for Telecommunication Services: a. Crown Castle Fiber,LLC b. Vero Fiber Networks,LLC 2. Ordinance to AMEND City Code Section Chapter 23, Article II re noise (Requested by Council Members Tower and Moss) (Deferred from June 7, 2022) 3. Ordinance to REPEAL Section 36-73 and AMEND Section 36-172 of the City Code re taxicabs (Requested by Vice Mayor Wilson) 4. Resolution to DIRECT the City Manager to WITHDRAW his letter (dated May 16, 2022) withdrawing the City from the Master Agreement with Hampton Roads Economic Development Alliance(HREDA) re regional economic development 5. Resolution to SUPPORT the City's 2022 Project Applications to the Virginia Department of Transportation (VDOT)SMART SCALE Program 6. Ordinance to DONATE a surplus fire engine and equipment to the Alicia Volunteer Fire Department in Alicia,Arkansas 7. Ordinances to ACCEPT and APPROPRIATE: a. $7,000 donation from AARP Virginia to the FY 2022-23 Parks and Recreation Operating Budget re reimburse for some of the costs associated with the FitLot Dedication and Fun Day event b. $5,722,478 in State revenue to the FY 2022-23 School Operating Fund and $6,472,855 in revenue from the federal government to the FY 2022-23 Schools Categorical Grants Fund c. $101,640 In Lieu of Park Reservation from the Prosperity at the Pines Subdivision to the CIP#100320,Parks/Special Use Facility Development and Renovations III K. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#7b July 12, 2022 40 AGENDA REVIEW SESSION ITEM#73053 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. CRAIG M. & KRIS C. KIRBYfor a Street Closure re 563 square feet of an unimproved alley adjacent to 631 Vanderbilt Avenue DISTRICT 5(Formerly District 6—Beach) 2. VICTORIA KOZIOL for a Conditional Use Permit re short term rental at 901-C Pacific Avenue DISTRICTS(Formerly District 6—Beach) 3. LONGCREEK,LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 218 DISTRICT 6(Formerly District 6—Beach) 4. THOMAS C. LOPRESTI for a Conditional Use Permit re short term rental at 425 21st Street DISTRICT 6(Formerly District 6—Beach) 5. CRAIG & APRIL DEAN for a Conditional Use Permit re short term rental at 515 20th Street DISTRICT 6(Formerly District 6—Beach) 6. Ordinance to AMEND Section 111 of the CZO to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the CZO to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the CZO to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts (Sponsored by Vice Mayor Wilson) (Deferred from May 17, 2022) July 12, 2022 41 ITEM#73054 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Atlantic Park Project PROPRIETARY INFORMATION RELATED TO ECONOMIC DEVELOPMENT:Discussion or consideration of information subject to the exclusion in subdivision 3 of Section 2.2-3705.6 related to economic development pursuant to Section 2.2-3711 (A)(5) • Atlantic Park Project PROSPECTIVE BUSINESS OR INDUSTRY:Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business'or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3711(A)(5) • Atlantic Park Project SECURITY MATTERS: Discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure pursuant to Section 2.2-3711(A)(19) • New City Hall and Council Chambers 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 • Bayside Council Vacancy July 12, 2022 42 ITEM#73054 (Continued) Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 3:50 P.M. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Barbara M. Henley—Arrived at 4:29 P.M Break 3:50 P.M. — 3:57 P.M. Closed Session 3:57 P.M. — 4:15 P.M. Break 4:15 P.M. — 4:21 P.M. Closed Session 4:21 P.M. — 5:12 P.M. Break 5:12 P.M. — 5:22 P.M. Closed Session 5:22 P.M. — 5:30 P.M. Break 5:30 P.M. — 6:00 P.M. July 12, 2022 43 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JULY 12,2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, Building 3, on Tuesday,July 12, 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 INVOCATION: Mayor Dyer 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 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. July 12, 2022 44 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. July 12, 2022 45 ITEM— VI.E CERTIFICATION ITEM#73055 Upon motion by Council Member Henley, seconded by Council Member Branch, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Linwood O. Branch—stepped out during vote *Council Member Wooten stepped out of the Closed Session during the Public Contract—Atlantic Park Project discussion (3:57 P.M —4:21 P.M) *Vice Mayor Wilson and Council Member Moss stepped out of the Closed Session during the Atlantic Park Project discussions (4:51 P.M —5:11 P.M)due to a potential conflict of interest July 12, 2022 G‘N1A. EAC = � - ' ''b tom. d OF OUR t4A"°‘h 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 #73054 on Page 42 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. manda Barrie , MMC City Clerk July 12, 2022 46 ITEM— VLF.1 MINUTES ITEM#73056 Upon motion by Council Member Branch, seconded by Council Member Moss, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 5,2022 Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Abstaining: John D. Moss Vice Mayor Rosemary Wilson Council Members Absent: None July 12, 2022 47 ITEM— V.G.1 MAYOR'S PRESENTATION ITEM#73057 Mayor Dyer welcomed Tiffany Russell, Director - Communications. Ms. Russell expressed her appreciation to City Council for their continued support. Ms. Russell advised this month highlights the people, events and years between 1993 - 1997 as part of the Nostalgic Virginia Beach Campaign to celebrate the City's 60'" anniversary. Ms. Russell played a short video of the City's history between 1993 —1997 and turned the presentation over to Mayor Dyer to present the citizen award. 60'"ANNIVERSARY AWARD Mayor Dyer welcomed Tom Leahy and read the Proclamation recognizing Mr. Leahy for his service to the City for forty(40)years. Mr.Leahy served as Director of Public Utilities and Deputy City Manager before stepping up as Acting City Manager to oversee the Departments of Public Works, Public Utilities, Information Technology, Budget&Management Services and Finance. Throughout his career,Mr. Leahy has been awarded and recognized for his leadership, dedication and engineering knowledge. Most notably, as the Water Resource Manager and Project Manager for the fifteen (15)year Lake Gaston Project. Mr. Leahy's service to the community, unwavering support and tireless efforts, elevated the profile of the City of Virginia Beach and exemplify the model of citizenship and today he is the recipient of the "Virginia Beach Diamond Award". Mayor Dyer 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. Leahy expressed his appreciation to City Council for this recognition and award. July 12, 2022 9,fs OF OUR �el'`�0� rotIamation Whereas: Thomas M.Leahy served the City of Virginia Beach honorably for more than 40 years;and Whereas: Thomas M.Leahy began his career with the City as the Water Resources Manager.In this role,he was tasked with securing a long-term water source for the City of Virginia Beach.His efforts ultimately led to the construction of the$1S0-million, 76-mile-long Lake Gaston pipeline,providing up to 60 million gallons of water to Virginia Beach each day;and Whereas The Lake Gaston water supply project led by Thomas M.Leahy changed the landscape of Virginia Beach and playeda pivotal role in the City's trajectory 6y ensuring a sustained source of clean,safe drinking water, thereby facilitating future growth and development;and Whereas: Thomas M.Leahy subsequently served as Director of Public`Utilities and later as Deputy City Manager overseeing the Departments of Public Works,'Public-`Utilities,Information Technology, Budget and Management Services,and finance;and Whereas .Jfe was appointed acting City Manager during his final-year of service seeing the City through the difficult aftermath of the May 31st Municipal Center tragedy and the early months of the Coronavirus pandemic;and Whereas: Even in retirement,Thomas M.Leahy continues to serve the people of this community as a volunteer board member of the Southeastern'Public Service Authority;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,' Tterefore I,Rpbert M. "Bobby"Dyer,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim: Thomas M. Leahy Wrcipient of tfie Beach Diamond Award" In Virginia Beach,and I call upon citizens and members within government agencies,pub&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 and further uplift out 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 Twelfth Day of July,Two Thousand and-Twenty-Two. Ao6ert M. "(Bobby"Dyer Mayor 48 ITEM— VI.H.1 BID OPENING ITEM#73058 Mayor Dyer DECLARED A BID OPENING: NON-EXCLUSIVE FRANCHISE FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services Mayor Dyer read into the record: "Pursuant to Virginia Code Section 15.2-2102, I will now summarize the bids that have been received for the proposed non-exclusive franchise agreements for the purpose of constructing, installing and maintaining facilities for telecommunications services within the City's streets and public rights-of-way. Two bids have been received, as follows: Crown Castle Fiber LLC and Vero Fiber Networks, LLC have each bid: - 10 year term with automatic renewal option for up to 3 additional 10 ear terms,for a maximum of forty(40)years. Are there any other persons that desire to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bids received and recommends that both of these companies be awarded a non-exclusive franchise agreement. We will now open a Public Hearing for the proposed non-exclusive franchise agreements for constructing, installing and maintaining facilities for telecommunications services within the City's streets and public rights-of-way." July 12, 2022 49 ITEM— VLI.1 PUBLIC HEARINGS ITEM#73059 Mayor Dyer DECLARED a PUBLIC HEARING: NON-EXCLUSIVE FRANCHISE USE Crown Castle Fiber, LLC Vero Fiber Networks, LLC 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 July 12, 2022 50 ITEM— VLI.2 PUBLIC HEARINGS ITEM#73060 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED INCREASE TO MAXIMUM RATES FOR TAXICABS 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 July 12, 2022 51 ADD ON ORDINANCE ITEM#73061 Upon motion Council Member Moss, seconded by Council Member Tower, City Council ADDED, Ordinance to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re East Coast Surfing Championships and APPROPRIATE$750,000 from Tourism Investment Program(TIP)Fund to Convention and Visitors Bureau Operating Budget, to the Agenda as Item VI.K.8. 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 July 12, 2022 52 ITEM— VI.I FORMAL SESSION AGENDA ITEM#73062 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: la/b, 4, 5, 6, 7a/b/c and 8, and Planning Items L: 1, 2, 3, 4, 5 and 6 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions K: la/b, 4, 5, 6, 7a/b/c and 8, and Planning Items L: 1, 2, 3, 4, 5 and 6 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/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#7b July 12, 2022 53 ITEM— VLK.la ORDINANCES/RESOLUTIONS ITEM#73063 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Nonexclusive Franchise Agreements for Telecommunication Services: a. Crown Castle Fiber, LLC 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 July 12, 2022 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCISE AGREEMENT TO CROWN CASTLE FIBER 3 LLC TO INSTALL, OPERATE AND MAINTAIN 4 NETWORK FACILITIES FOR TELECOMMUNICATION 5 SERVICES IN THE CITY'S PUBLIC STREETS AND 6 RIGHTS-OF-WAY 7 8 WHEREAS, Crown Castle Fiber LLC, a New York limited liability company ("Crown 9 Castle"), builds and operates fiber networks and related communication services; 10 11 WHEREAS, Crown Castle currently operates a fiber network in the City of Virginia 12 Beach pursuant to a Temporary Nonexclusive Revocable License Agreement that will 13 expire on September 5, 2022; 14 15 WHEREAS, Crown Castle desires to continue utilizing the City of Virginia Beach's 16 ("City") public streets and rights-of-way to install, operate and maintain a fiber network; 17 18 WHEREAS, Crown Castle is seeking to enter into a nonexclusive franchise 19 agreement ("Franchise") with the City to use and occupy the City's public streets and 20 rights-of-way; 21 22 WHEREAS, the Franchise will allow Crown Castle to continue to install, operate 23 and maintain fiber optic cable for the purpose of operating a fiber optic network; and 24 25 WHEREAS, City staff supports allowing Crown Castle to continue using the City's 26 public streets and rights-of-way for the aforesaid purposes, subject to the terms and 27 conditions set forth in the summary of terms, attached hereto as Exhibit A, ("Summary of 28 Terms"). 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby authorizes the City Manager to execute the Franchise 34 with Crown Castle for a maximum term of 40 years, in accordance with the Summary of 35 Terms, and such other terms, conditions or modifications, as may be acceptable to the 36 City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 17 t h day of July , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney's Office CA15762 R-2/June 23, 2022 EXHIBIT A SUMMARY OF TERMS- NONEXCLUSIVE FRANCHISE AGREEMENT Lessor: City of Virginia Beach ("City") Lessee: Crown Castle Fiber LLC ("Crown Castle") Term: 10 years and shall automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Location: Crown Castle may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: Crown Castle shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the Franchise, Crown Castle must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: Crown Castle shall be required to return the public streets and rights-of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; Pollution Liability: $1 Million; or, in the alternative, Umbrella Coverage of $5 Million. Surety Requirements: $50,000 surety bond Indemnity: Crown Castle shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. 54 ITEM— VLK.lb ORDINANCES/RESOLUTIONS ITEM#73064 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Nonexclusive Franchise Agreements for Telecommunication Services: b. Vero Fiber Networks, LLC 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 July 12, 2022 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCISE AGREEMENT TO VERO FIBER 3 NETWORKS, LLC TO INSTALL, OPERATE AND 4 MAINTAIN NETWORK FACILITIES FOR 5 TELECOMMUNICATION SERVICES IN THE CITY'S 6 PUBLIC STREETS AND RIGHTS-OF-WAY 7 8 WHEREAS, Vero Fiber Networks, LLC, a Colorado limited liability company 9 ("Vero"), builds and operates fiber networks and related communication services; 10 11 WHEREAS, Vero desires to utilize the City of Virginia Beach's ("City") public 12 streets and rights-of-way to install, operate and maintain a fiber network; 13 14 WHEREAS, Vero is seeking to enter into a nonexclusive franchise agreement 15 ("Franchise") with the City to use and occupy the City's public streets and rights-of-way; 16 17 WHEREAS, the Franchise will allow Vero to install, operate and maintain fiber optic 18 cable for the purpose of operating a fiber optic network; and 19 20 WHEREAS, City staff supports allowing Vero to use the City's public streets and 21 rights-of-way for the aforesaid purposes, subject to the terms and conditions set forth in 22 the summary of terms, attached hereto as Exhibit A, ("Summary of Terms"). 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby authorizes the City Manager to execute a Franchise 28 with Vero for a maximum term of 40 years, in accordance with the Summary of Terms, 29 and such other terms, conditions or modifications, as may be acceptable to the City 30 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day of July , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 09aleae-4. AA--evt. Information TechnologyCityAttorney's Office Y CA15853 R-1/June 22, 2022 EXHIBIT A SUMMARY OF TERMS- NONEXCLUSIVE FRANCHISE AGREEMENT Lessor: City of Virginia Beach ("City") Lessee: Vero Fiber Networks LLC ("Vero") Term: 10 years and shall automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Location: Vero may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: Vero shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the Franchise, Vero must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: Vero shall be required to return the public streets and rights- of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; or, in the alternative, Umbrella Coverage of $5 Million. Surety Requirements: $25,000 letter of credit and $50,000 surety bond Indemnity: Vero shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. 55 ITEM— VI.K.2 ORDINANCES/RESOLUTIONS ITEM#73065 The following registered to speak: Nancy Parker, 273 23rd Street, Phone: 657-4848, expressed her concerns and requested her letter distributed to City Council be made a part of the record, attached hereto and made a part of this record. Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION Cat Porterfield, 219 57`'`Street, Phone: 323-6430, spoke in OPPOSITION Toni Britton, 118 Ocean Villas Way, Phone: 419-966-4999, spoke in OPPOSITION Joseph Pethick, Phone: 670-0346, spoke in OPPOSITION Barbara Messner, P.O. Box 514, spoke in OPPOSITION Donovan Sawyer, 226 Terrier Street, Phone: 914-5306, spoke in OPPOSITION Kevin Joseph, 118 Ocean Villa Way, Phone: 219-588-7874, spoke in OPPOSITION Annette Mewborn, 1808 Winter Wheat Court, Phone: 270-9598, did not respond Upon motion by Council Member Tower, seconded by Council Member Moss, City Council DEFERRED TO OCTOBER 18, 2022, Ordinance to AMEND City Code Section Chapter 23, Article II re noise (Requested by Council Members Tower and Moss) (Deferred from 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 July 12, 2022 Nancy K. Parker 513 23rd St. Virginia Beach, VA 23451 July 6, 2022 Ref: Proposed Noise Ordinance Dear Mayor Dyer Members of City Council City Manager Duhaney Upon reviewing the proposed changes to the noise ordinance and especially the addition of Sec. 23-70. Exceptions, one could question how this will affect the issue of sound emanating from the Atlantic Park music venue. On March 16, 2021 at the informal session, the music venue was discussed due to reallocation of funds to off-set cost increases. During the presentation, the issue of parking space reduction as well as relocation of the music venue to the northwest block of the project and the expansion of lawn seating by Deputy City Manager Williams drew my attention. At the formal session, I expressed concerns as to the reduction of parking as well as the potential impact of the expanded music venue with the open lawn on the surrounding communities. I appreciated the acknowledgment of concern by Councilman Tower who stated, "I am particularly mindful of Mrs. Parker's comments of noise in the neighborhood. All I can say to that is, if the studies that we insist on being conducted and we will insist on them being conducted show that the sound cannot be borne by the neighbors in any reasonable way, we won't do it. That is yet to be determined. I don't think these studies have been done. But the folks that are advising us on this have done these types before and they indicate that they are quite able under current technology to control the sound in a way that makes it a venue that will exist very compatibly in an urban environment." Mr. Williams, Mr. Culpepper, with another gentleman and I continued the discussion of sound intrusion on the neighborhood, and I was assured it would not be an issue like the amphitheater. The technology has improved and the sound can be kept at ground level and contained. There would be sound walls to help absorb the music according to them. However, with the proposed changes to the noise ordinance and the list of "Exceptions", and since the music venue is a city owned venue leased to another party, does this circumvent all aspects of noise regulation levels on the surrounding communities, making any noise/sound abatement irrelevant? Has there been an independent certified noise study on the proposed music venue with concentric circles of influence at various street locations with the potential associated decibel levels during a full rock concert with the doors open? What are the results? Is it available for the public and what are the guarantees? Since this is a city funded aspect of the Atlantic Park project with over $39.225 million of taxpayer money, the public should have answers to these questions. My personal position on this project initially was one of support as the promotors reached out to the surrounding residential communities to assure us of their recognition of our uniqueness in the fabric of the resort area. They did not want to negatively impact us. This is not an urban setting with vast empty office spaces after 5:00 pm. I am hopeful this is still the guiding principle for this project by all parties. Respectfully, Nancy K. Parker 56 ITEM— VLK.3 ORDINANCES/RESOLUTIONS ITEM#73066 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION Lynn Johnston, 1289 Holland Road, Suffolk, VA, Phone: 718-8294, spoke in SUPPORT Mohiyidie Cheikh, 7900 Roanoke Avenue, Phone: 339-4946, spoke in SUPPORT Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED Ordinance to REPEAL Section 36-73 and AMEND Section 36-172 of the City Code re taxicabs (Requested by Vice Mayor Wilson) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent.• Barbara M. Henley—left at 7.16 P.M July 12, 2022 REQUESTED BY VICE MAYOR WILSON 1 AN ORDINANCE TO REPEAL CITY CODE SECTION 2 36-73 AND AMEND SECTION 36-172 PERTAINING 3 TO TAXI CABS 4 5 SECTION REPEALED: § 36-73 6 SECTION AMENDED: § 36-172 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 36-73 of the Code of the City of Virginia Beach is hereby repealed 12 and Section 36-172 of the Code of the City of Virginia Beach is hereby amended and 13 reordained to read as follows: 14 15 16 17 , 18 Sec. 36-172. Maximum rates for taxicabs. 19 (a) No person owning, operating, controlling or driving a taxicab within the city shall 20 charge an amount to exceed the following rates of fare: 21 (1) For the first one-eighth of a mile or fraction thereof....$3.25 6.00 22 (2) For each succeeding one-eighth of a mile or fraction thereof....0.30 23 (3) Trunk charge....0.50 24 (4) For each minute of waiting time....0.30 25 (b) Notwithstanding the provisions of this section, any person who, pursuant to section 26 36-96 of this Code, operates in the city a taxicab that is duly licensed in another 27 locality while (i) transporting a fare from outside of the city into the city or (ii) 28 transporting a fare from the city directly to a destination outside of the city shall 29 charge the rates prescribed by the city or county in which they are licensed. 30 (c) Any application for a fare increase under this section shall include justification for 31 such fare increase and such financial and operating information as may be 32 requested by the city manager. The city council shall hold a public hearing before 33 acting on any such application for a fare increase, after public notice for at least ten 34 (10) days. 35 (d) Notwithstanding the above provisions of this section, a taxicab owner or operator 36 may enter into written contracts with businesses, non-profits, or governmental 37 entities to provide services on a negotiated basis with a fare schedule agreed upon 38 in the contract, and the rates to be charged for services under such contracts may 39 differ from the rates set forth in this section. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of July , 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15861 R-1 July 1, 2022 57 ITEM— VLK.4 ORDINANCES/RESOLUTIONS ITEM#73067 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to DIRECT the City Manager to WITHDRAW his letter (dated May 16, 2022) withdrawing the City from the Master Agreement with Hampton Roads Economic Development Alliance(HREDA) re regional economic development 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 July 12, 2022 1 A RESOLUTION DIRECTING THE CITY MANAGER TO 2 WITHDRAW HIS LETTER WITHDRAWING VIRGINIA 3 BEACH FROM THE HREDA MASTER AGREEMENT 4 FOR REGIONAL ECONOMIC DEVELOPMENT 5 6 WHEREAS, in the adopted FY 22-23 Operating Budget, the City Council approved 7 $459,470 to fund the City of Virginia Beach's contribution to the Hampton Roads 8 Economic Development Alliance ("HREDA") under a Master Agreement for Regional 9 Economic Development dated as of July 1, 2022 between Virginia Beach, HREDA and 10 ten other localities in Hampton Roads (the "Master Agreement"); 11 12 WHEREAS, that appropriation was contingent on the City Manager withdrawing 13 from the Master Agreement and negotiating terms more acceptable to the City Council; 14 15 WHEREAS, on May 16, 2022, the City Manager sent a letter to HREDA 16 withdrawing Virginia Beach from the Master Agreement effective as of July 1, 2022; 17 18 WHEREAS, since the May 16, 2022 letter, the City Manager and the two City 19 Council liaisons to HREDA have participated in discussions with HREDA leadership, and 20 have negotiated supplemental terms for the Agreement acceptable to the City Council; 21 22 WHEREAS, those supplemental terms are reflected in a letter from Douglas Smith, 23 President and CEO of HREDA to the City Manager dated June 20, 2022, a copy of which 24 is attached hereto as Exhibit A; and 25 26 WHEREAS, based on the terms contained in the letter, the City Council is of the 27 opinion that withdrawing the May 16, 2022 letter effective as of June 20, 2022 would be 28 in the best interests of the citizens of Virginia Beach. 29 30 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA, THAT: 32 33 The City Manager is directed to withdraw his May 16, 2022 letter to HREDA and 34 proceed with the implementation of the Master Agreement, subject to the supplemental 35 terms contained in the letter attached hereto as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of July , 2022. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: A -7 City Attorney Economic Development CA15793 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d001\p038\00814869.docx R-1 June 30, 2022 EXHIBIT A June 20, 2022 Mr. Patrick Duhaney City Manager City of Virginia Beach 2401 Courthouse Drive, Building 1 Virginia Beach, Virginia 23456 Re: Master Agreement for Regional Economic Development Dear Patrick: You and I have had several discussions concerning the future working relationship between the City of Virginia Beach ("Virginia Beach") and the Hampton Roads Economic Development Alliance ("Alliance") under the terms of the Master Agreement for Regional Economic Development ("Master Agreement"). Most recently, Alliance Board Chair { ] and I met with you, Deputy City Manager Taylor Adams, and Virginia Beach City Council liaisons for the Alliance Councilmembers Moss and Berlucchi. We discussed the desire of both parties to commit to a plan of action that adds more specific detail to some of their obligations under the Master Agreement. We hope the following plan is fully responsive to our joint concerns. The following performance metrics will be part of the Annual Plan called for in Section 4 of the Master Agreement for the fiscal year beginning July 1, 2022: PERFORMANCE METRICS REGIONAL NUMBERS TO BE ACHIEVED Number of unique (i.e., independent of VEDP) Regional leads 150 generated Number of business, retention, and expansion visits completed in 75 the region Number of projects won in the Region 7 Number of new jobs created in the Region 800 Total capital investment of projects won in the Region $50M Alliance will meet and discuss strategy, major initiatives, and 4 times review lead/project pipeline with Virginia Beach For the purposes of the Annual Plan, a Lead is an early-stage opportunity, where the Alliance has had an inquiry from or an initial conversation with a company, but capital I-1891862.4 June 20, 2022 Page 2 investment/job creation parameters have not been communicated. Projects are investments announced by a locality where the Alliance played some supporting or facilitating role. The Alliance will focus on supporting expansion projects and recruiting new companies with annual average wages more than $45,000. The Alliance will compile and report on the salaries achieved in its Annual Report. Report annually funding sources and use of funding. Virginia Beach wants to have a clear understanding of the financial condition of the Alliance including all funding sources (amount of private funding, public sector partner funding, commonwealth funding, federal funding, and in-kind donations) and funding uses (business development, project management, marketing, operations, personnel, and reserves). The Alliance will continue its practice of reviewing the financials of the Alliance at every board meeting. The Alliance will also continue to maintain its Finance Committee comprised of certain non-board member investors and the Treasurer. Each of the sources and uses of funds listed above will continue to be monitored by the staff, the board, and the Finance Committee. The Alliance will continue to contract for an annual audit, and the financial condition of the organization will continue to be detailed at the annual meeting and in the annual report Adjustment to Board setup and annual performance review of the President& CEO The Board Chair(or the Board Chair's designee) as part of the annual performance review of the Alliance President & CEO will solicit the feedback from the Mayor and City Manager of each City Investor serving on the Alliance Board of Directors. The feedback shall be used in evaluating the performance of the President and CEO in achieving the mission, goals, vision and intent of Alliance agreements and Board direction. As the largest investor in the Alliance Virginia Beach has permanent representation on the Board. Currently the By-Laws call for the position to be held by the Mayor or the Vice Mayor. The Alliance staff will recommend to the Board a change in the By-Laws that will allow Virginia Beach and other Public Investors to designate any member of council or Board of Supervisors to represent them on the Board. Relationship reflects VB status as largest investor in the Affiance As the largest investor, Virginia Beach receives priority access to Alliance trips, events, and marketing materials. The Alliance develops the annual travel calendar with input from the Regional Economic Development Team(RED team). That calendar is reviewed periodically with the RED Team, and it is in the Annual Plan. The Alliance will continue to publish an annual marketing calendar which will also be in the Annual Plan. I-1891862.4 June 20, 2022 Page 3 The Alliance will help Virginia Beach, as it has other communities, establish a Virginia Beach Business Retention & Expansion (BRE) program. Components of that program would include Business Intelligence, Business Outreach and Engagement, Marketing and Program Infrastructure, BRE Resources and Support and Process. The Alliance will also help Virginia Beach fully utilize Salesforce to track your activities. Protocols call for full sharing of information in both directions Sharing information between Virginia Beach and the Alliance is the key to a successful partnership. Coordinating strategy and tactics of the two organizations will include the coordination of the activities of the European consultants of the two organizations and post marketing trip debriefs between the two organizations. The Alliance will utilize its business intelligence software and personnel to support the activities of Virginia Beach. Communication plan will include frequency and consistency and consider all stakeholders: staff, City Council, investors, Affiance Board The Alliance will continue to improve communication with all Virginia Beach stakeholders as well as those of its other Public Investors. Earlier this spring the Alliance began having a Vice President attend all City of Virginia Beach Development Authority ("VBDA") meetings. The Alliance also created direct communication with all City Council members to include our newsletters,mid-year report, annual report, and invitations to our investor events. In addition, the Alliance will work with the Virginia Beach City Manager to identify opportunities to brief the Virginia Beach City Council on lessons learned from project recruitment successes and unsuccessful project recruitment ventures,regional economic development opportunities in which it desires the City of Virginia Beach to participate and on matters regarding the economic development competitiveness or lack of competitiveness of the Hampton Roads region. Marketing materials for the Alliance and VBDA will be shared, consistent and complimentary Virginia Beach will commit to consistent participation in the Regional Economic Development Team meetings with a senior staff member — either the Economic Development Director or if not available, a direct report to the Deputy City Manager for Economic Development. The RED team is an excellent forum for developing consistency of materials throughout the Hampton Roads region.The Alliance marketing team is a great resource for VBDA and has created materials for Virginia Beach and will continue to do so as needed. Reflect regional capacity building within the framework Energy, connectivity, and talent recruitment will be critically important for this region going forward. The Alliance hired PA Consulting to develop a regional energy assessment. That report will be completed in June and will contain a set of recommendations that can be the I-1891862.4 June 20, 2022 Page 4 foundation of a regional energy plan. The Alliance and the RED team work closely with HRPDC and HRTPO on connectivity issues. We are having a great deal of conversation about the role of the Alliance in Talent Recruitment in this very tight labor market. Virginia Beach and the Alliance will work together to frame this initiative going forward. Leverage the role of the Affiance as regional convener The Alliance Board will be more widely used for regional discussions and the RED Team will be recognized as the regional strategy group for economic development for appropriate participation. Thank you very much for your willingness to discuss the issues outlined above and to continue our work together in promoting economic development for the Hampton Roads region of Virginia. Very truly yours, Douglas Smith, President& CEO Hampton Roads Economic Development Alliance AGREED TO this day of June, 2022. Patrick Duhaney, City Manager City of Virginia Beach I-1891862.4 58 ITEM— VLK.5 ORDINANCES/RESOLUTIONS ITEM#73068 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to SUPPORT the City's 2022 Project Applications to the Virginia Department of Transportation (VDOT)SMART SCALE Program 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 July 12, 2022 1 A RESOLUTION IN SUPPORT OF THE CITY'S 2022 2 ROUND 5 APPLICATIONS FOR THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION SMART SCALE 4 PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation's SMART SCALE program for consideration 8 based upon an objective score in the areas of Congestion Mitigation, Safety, 9 Accessibility, Environmental Quality, Economic Development, and Land Use 10 Coordination; 11 12 WHEREAS, requested SMART SCALE revenue reimbursement can be up to 13 100% of the total project cost, although the locality's ability to contribute to the 14 submitted project is a factor in the award process; 15 16 WHEREAS, the City's highest priority improvement projects that meet the 17 eligibility for funding are: Clearfield Avenue, Dam Neck Road, First Colonial Road, 18 General Booth Boulevard and Dam Neck Road Intersection, Independence Boulevard 19 and Pleasure House Road Intersection, Indian River Road Intersection Improvements, 20 and Providence Road. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA THAT: 24 25 1. The City Council of the City of Virginia Beach hereby affirms its support for 26 the following seven project applications to the Virginia Department of Transportation's 27 SMART SCALE Program: 28 29 a. Clearfield Avenue 30 b. Dam Neck Road 31 c. First Colonial Road 32 d. General Booth Boulevard and Dam Neck Road Intersection 33 e. Independence Boulevard and Pleasure House Road Intersection 34 f. Indian River Road Intersection Improvements 35 g. Providence Road 36 37 2. The required local matching funds will be provided with allocations of local 38 funding in the City's CIP Budget. The local match for each of the following projects will 39 not exceed the following amounts: 40 41 a. $5,000,000 for Clearfield Avenue; 42 b. $5,500,000 for Dam Neck Road; 43 c. $23,300,000 for First Colonial Road; 44 d. $1,000,000 for General Booth Boulevard and Dam Neck Road 45 Intersection; 46 e. $1,000,000 for Independence Boulevard and Pleasure House 47 Road Intersection; 48 f. $0 for Indian River Road Intersection Improvements; and 49 g. $3,000,000 for Providence Road 50 51 3. The City Manager is hereby authorized to execute on behalf of the City of 52 Virginia Beach all necessary project agreements for project development and 53 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of July , 2022. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: peiGae;4 B dget and Management Services City Attomey's Office CA15865 R-1 June 29, 2022 SHORED- / .11 rj,_"ri-i t >~g - \y:�1 _ .k : i� ,P�1 it. �aK 3 tEi 13 Ei,...... 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Wooten Council Members Absent: None July 12, 2022 1 AN ORDINANCE TO DONATE A SURPLUS FIRE 2 ENGINE AND EQUIPMENT TO THE ALICIA 3 VOLUNTEER FIRE DEPARTMENT IN ALICIA, 4 ARKANSAS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 That the City Council hereby authorizes the donation of one surplus fire apparatus 10 valued at $5,000, as well as surplus firefighting equipment valued at $2,500, to the Alicia 11 Volunteer Fire Department in Alicia, Arkansas. The devices are to be donated in "AS IS" 12 and "WITH ALL FAULTS" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of July , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iiifftirlir1111% dget & Management ervices it ey's Office CA15863 R-2 July 5, 2022 60 ITEM— VI.K.7a ORDINANCES/RESOLUTIONS ITEM#73070 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $7,000 donation from AARP Virginia to the FY 2022-23 Parks and Recreation Operating Budget re reimburse for some of the costs associated with the FitLot Dedication and Fun Day event 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 July 12, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION OF $7,000 FROM HARP VIRGINIA TO 3 THE FY 2022-23 OPERATING BUDGET OF THE 4 DEPARTMENT OF PARKS AND RECREATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 A donation of$7,000 from AARP Virginia is accepted and appropriated to the FY 10 2022-23 operating budget of the Department of Parks and Recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of July , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA15864 R-1 June 29,2022 61 ITEM— VLK.7b ORDINANCES/RESOLUTIONS ITEM#73071 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $5,722,478 in State revenue to the FY2022-23 School Operating Fund and $6,472,855 in revenue from the federal government to the FY 2022-23 Schools Categorical Grants Fund Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None July 12, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $5,722,478 TO THE FY 2022-23 FY SCHOOL 3 OPERATING FUND AND$6,472,855 TO THE 4 23 SCHOOLS CATEGORICAL GRANTS FUND 5 6 WHEREAS, the City of Virginia Beach's adopted budget ordinance for FY 2022- 7 23 appropriated $923,606,542 into the School Operating Fund and $180,570,313 into the 8 Categorical Grants Fund of the School Board of the City of Virginia Beach; 9 10 WHEREAS, since the adoption of the City's FY 2022-23 budget, the 11 Commonwealth of Virginia's 2022-2024 biennial budget was signed into law June 22, 12 2022, reflecting a net increase of $5,722,478 for the School Operating Fund and an 13 additional $6,472,855 for the Schools Categorical Grants Fund; and 14 15 WHEREAS, on June 28, 2022, the School Board adopted a resolution approving 16 the appropriation of these funds to provide an additional 1.0% cost of living adjustment 17 (COLA) for all employees and a $1,000 bonus payment for each SOQ-funded 18 instructional and support position; 19 20 NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA, THAT: 22 23 The City Council hereby accepts and appropriates $12,195,333 for the School 24 Board of the City of Virginia Beach, with $5,722,478 in State revenue to the FY 2022-23 25 Operating Fund and $6,472,855 in revenue from the federal government to the FY 2022- 26 23 Categorical Grants Fund. 27 28 Requires an affirmative vote of a majority of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of July , 2022. APPROVED AS TO CONTENT! APPROVED AS TO LEGAL SUFFICIENCY: B idget and Management Services City Attorney's Office CA15866 R-1 June 29, 2022 0.1.11A• BEAc� a City of Virginia Beach S c)F DUR 0302,4 VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE July 12, 2022 JDMOSS@VBGOV.COM In Reply Refer to 0077432 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to accept and appropriate $5,722,478 in State revenue to the FY 2022-23 School Operating Fund and $6,472,855 in revenue from the federal government to the FY 2022-23 Schools Categorical Grants Fund. 2. My wife is employed by Virginia Beach City Public Schools (VBCPS), and I therefore have a personal interest in VBCPS and this transaction. 3. I am abstaining from the City Council's consideration of this item. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance. • C, , John . Moss Councilmember JDM/RRI/DRH 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 62 ITEM— VLK.7c ORDINANCES/RESOLUTIONS ITEM#73072 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $101,640 In Lieu of Park Reservation from the Prosperity at the Pines Subdivision to the CIP#100320,Parks/Special Use Facility Development and Renovations III 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 July 12, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO CIP #100320, PARKS/SPECIAL USE 3 FACILITY DEVELOPMENT & RENOVATIONS III, 4 FROM A CASH IN LIEU OF PARK RESERVATION 5 PAYMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 (a) $101,640 is hereby accepted in lieu of a park reservation from the Prosperity 11 at the Pines Subdivision development, with local revenue increased accordingly; and 12 13 (b) $101,640 is hereby appropriated to CIP #100320, "Parks/Special Use Facility 14 Development & Renovations Ill." Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day of J u 1 X , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY/ 1;74a-0.4 Budget & Management Services City Attorney's Office CA15862 R-1 June 29, 2022 63 ITEM— VI.K.8 ORDINANCES/RESOLUTIONS ITEM#73073 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re East Coast Surfing Championships and APPROPRIATE$750,000 from Tourism Investment Program (TIP)Fund to Convention and Visitors Bureau Operating Budget 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 July 12, 2022 REVISED VERSION 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A SPONSORSHIP 3 AGREEMENT FOR THE EAST COAST SURFING 4 CHAMPIONSHIPS AND TO APPROPRIATE FUND 5 BALANCE IN THE TIP FUND 6 7 WHEREAS, the East Coast Surfing Championships ("ECSC") is celebrating its 8 60th anniversary this year; 9 10 WHEREAS, ECSC is the longest, continually running surfing championship in the 11 world; 12 13 WHEREAS, ECSC will be held August 21-28, 2022; 14 15 WHEREAS, the promoter of ECSC, East Coast Action Sports Entertainment, 16 LLC, a Virginia limited liability company, will promote the City to a broad audience and 17 align with the City's strategy to engage residents and visitors through sports marketing; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, THAT: 21 22 1. The City Manager is hereby authorized to execute a sponsorship 23 agreement between the City and East Coast Action Sports Entertainment, LLC, a 24 Virginia limited liability company, for the ECSC in a form acceptable to the City Manager 25 and approved by the City Attorney, consistent with the summary of terms, attached 26 hereto as Exhibit A, and made a part hereof. 27 28 2. $750,000.00 is hereby appropriated from the fund balance of the TIP Fund 29 to the Operating Budget of the Convention and Visitors Bureau in furtherance of the 30 City's sponsorship. 31 32 3. The City Staff is hereby directed to assemble an assessment of the impact 33 of the City's sponsorship on the TIP Fund and the unrestricted General Fund and to 34 provide a report to the City Council after the conclusion of the ECSC. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of July , 2022. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c udget and anagement Services City ttomey CA15860 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d029\p040\00814262.doc R-1 June 24, 2022 EXHIBIT A SUMMARY OF TERMS TYPE OF AGREEMENT: Sponsorship EVENT: East Coast Surfing Championships ("ECSC") PARTIES: East Coast Action Sports Entertainment, LLC, a Virginia limited liability company ("Promoter") and the City of Virginia Beach ("City") SPONSORSHIP FEE: An amount not to exceed $750,000.00 RESPONSIBILITIES OF THE PROMOTER: Promoter to conduct the 60th Anniversary of ECSC from August 21-28, 2022. (the "Festival"). The Festival will include surf contests, volleyball, 5k run, street skate and ramp contests, and various other contests, concessions, and live music. The Promoter will coordinate with the City regarding musical acts including City approval of talent. The Sponsorship Fee is specifically intended to allow the Promoter to bring musical acts at a level above that which the Promoter could bring absent the City's participation, and the final amount of the Sponsorship Fee will be based upon the specific musical acts for the Festival. The Promoter will remit to the City 25% of gate receipts from the ticketed musical acts. The Promoter is to secure all necessary permits, licenses, and insurance required for the Festival. RESPONSIBILITIES OF THE CITY: The City to pay one-half of the Sponsorship Fee upon execution of the Sponsorship Agreement. Upon the Promoter and the City approving the musical acts, the City will provide a payment of the other one-half of the Sponsorship Fee. ADDITIONAL RESPONSIBILITIES OF THE PROMOTER AFTER THE EVENT: Provide Festival attendance and sponsor information to the City to allow the City to review economic impact. This Sponsorship is in the nature of a pilot, and will provide the City with the ability to assess the impact of the Sponsorship on the TIP Fund and the unrestricted General Fund, which will assist the City in evaluating similar sponsorships in the future. REVISED VERSION 64 ITEM— VLL.1 PLANNING ITEM#73074 Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Application of CRAIG M. &KRIS C.KIRBYfor a Street Closure re 563 square feet of an unimproved alley adjacent to 631 Vanderbilt Avenue DISTRICT 5(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CRAIG M. &KRIS C.KIRBYfor a Street Closure re 563 square feet of an unimproved alley adjacent to 631 Vanderbilt Avenue DISTRICT 5(GPIN 2426384565) (Formerly District 6—Beach) The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the City's Interest in Streets Pursuant to Street Closures,"approved by City Council. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must be submitted and approved for the recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the Right-of-Way to the City of Virginia Beach, subject to the approval of easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure.If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is no approved for recordation within one (1)year of the City Council vote to close the Right-of-way this approval shall be considered null and void. 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 12`"day of July Two Thousand Twenty Two. July 12, 2022 65 ITEM— VLL.1 PLANNING ITEM#73074 (Continued) 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 July 12, 2022 1 ORDINANCE APPROVING THE APPLICATION OF 2 CRAIG M. AND KRIS C. KIRBY FOR THE 3 CLOSURE OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE REAR OF 5 631 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, Craig M. Kirby and Kris C. Kirby (the "Applicants") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion 9 of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described portion of unimproved, unnamed right-of-way (the 21 "Right-of-Way") be discontinued, closed and vacated, subject to certain conditions being 22 met on or before one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROPOSED STREET CLOSURE 27 (563 SQ. FT. OR 0.013 ACRES)", and shown as the cross- 28 hatched area on that certain street closure exhibit entitled: 29 "STREET CLOSURE EXHIBIT OF THE EASTERN 7.50' OF 30 15' ALLEY (A PUBLIC RAN) LOT 13A RESUBDIVISION OF 31 LOT 13 & SOUTHERN 'A OF LOT 14 BLOCK 18 32 SUBDIVISION OF CROATAN BEACH VIRGINIA BEACH, 33 VIRGINIA (INSTR.#20080722000859410)", Scale: 1" = 20', 34 dated March 4, 2022, prepared by Hassell & Folkes, P.C. 35 Engineers-Surveyors-Planners, a copy of which is attached 36 hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1. The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 determined according to the "Policy Regarding Purchase of City's Interest in Streets 46 47 No GPIN assigned (City Right-of-Way) 48 Adjacent GPIN: 2426-38-4565 49 Pursuant to Street Closures", approved by City Council. It has been determined that the 50 purchase price to be paid to the City shall be $3,000, which is consistent with similar 51 street closures in this area. 52 53 2. The Applicants shall resubdivide the property and vacate the internal lot 54 lines to incorporate the Right-of-Way into the adjoining lot. The Resubdivision plat must 55 be submitted and approved for recordation prior to the final street closure approval. 56 Said plat shall include the dedication of a public drainage easement over the Right-of- 57 Way to the City of Virginia Beach, subject to the approval of the Department of Public 58 Works, and the City Attorney's Office, which easement shall include a right of 59 reasonable ingress and egress. 60 61 3. The Applicants shall verify that no private utilities exist within the Right-of- 62 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 63 company must be provided. 64 65 4. Closure of the Right-of-Way shall be contingent upon compliance with the 66 above-stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved for recordation 68 within one (1) year of City Council approval, said approval shall be considered null and 69 void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before July 11, 2023, this 74 Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before July 11, 2023, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. In the event the City of Virginia Beach has any interest in the underlying 80 fee, the City Manager or his designee is authorized to execute whatever documents, if 81 any, that may be requested to convey such interest, provided said documents are 82 approved by the City Attorney's Office. 83 84 SECTION IV 85 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 87 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 88 VIRGINIA BEACH (as "Grantor") and CRAIG M. KIRBY and KRIS C. KIRBY 89 (collectively, as "Grantee"). 90 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day 92 of July , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning D artmerit City 4orney CA15624 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d014\p042\00811176.doc R-1 June 28, 2022 Exhibit A THIS EXHIBIT/5 INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WA Y CLOSURE AND INDEPENDENT OF THE ASSOC/ATED RECORD DOCUMENTS AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. -41*..........ctlota......._ LOT 1 LOT 2 GP/N 2426-38-3571 GP//V 2426-38-3515 (Ma 24, PG 37) (M.B. 24, PG. 37) (NOT/NCI UDED) (NOT INCLUDED) N 1220'32" W 75 00' 15' ALLEY h O\ (UN/MPRO l/ED) h' M.B. 24, PG. 37) PIN(F) O N 12 20'32" W 75.00' AREA OF PROPOSED STREET CLOSURE (563 SQ. FT OR 0.013 ACRES) fr) a o LW Q �� o BLOCK 18 0 VQ v N 7 JAD W NOR THERN Or LOT 14A (M.B. 24, PG. 37) Q c k m IQ SN BLOCK 18 GP/N.• 2426-38-4565 p) GP/N 2426-38-4664 Q N- s - ^ 7,500 SQ. FT tn (NOT INCLUDED) N ct c (i) (IMPROVEMENTS NOT SHOWN) P/N(F) S 1220'32" E 75.00' P/N(F) VANDERBIL T AVENUE (80' R/W) (M.B. 24, PG. 37) STREET CLOSURE EXHIBIT OF THE PROPERTY APPEARS TO THE EASTERN 7.50' OF 15 AL L EY . _ LIE IN ZONE X"AS SCALED (A PUBLIC R/W) ' Z,TH OF FROM COMMUNITY PANEL ' / Irj' /515531 0128 G" E«EC TI VE - Allp 01/16/2015. THIS IS TO RESUBD/l//S/ON OF LOT 13 & / • ��r CERTIFY THA T THIS PLAN �� AS FORTH BYREFERS TO THE AME PLAT LOT SOUTHERN OF LOT 14 .. cam) LYNN D. EVANS DATED 07/02/2008 AND BLOCK 18 Uc. No. 0012Z RECORDED III THE CLERK'S SUBDIVISION OF 4 21 2022 OFF/CE OF THE CIRCUIT COURT Or VIRGINIA BEACH, CROA TAN BEACH l Q- ' VIRGIN/A /N//VS TRUMP✓T I//RG/N/A BEACH, l//RG/NIA 9N� ; SUR\JC-" /20080722000859410. • (INSTR.#20080722000859410) : ADDRESS: 631 VANDERBIL T AVENUE W.O. #52695-2 HASSELL & FOLKES, P.C. o' 10' 20' 40' ENGINEERS-SURVEYORS-PLANNERS DATE: 03/04/2022 1 I 325 VOL VO PARKWAY GRAPH/C SCALE: 1"=20' c'HESAPEAKE" NRGIN/A 23320 PHONE: (757) 547-9531 FAX (757) 547-9481 \ ____-- , \, RI o cal; \\ \ Ilk— _ R10 R1 --- 5. \ \ . 5 _ --- R10 7, et- u, th G C II R10 V----- ' i cLaneCI) i ua AlA II0 \ \ 11. A \( // la° \ R10 ,1 __________ R10 AAN �� Site WI�,�IE Craig M. & Kris C. Kirby -N_ . Property Polygons 7.5-foot by 75-foot of an unimproved s Zoning alley adjacent to 631 Vanderbilt Avenue Building Feet 0 510 20 30 40 50 60 66 ITEM— VLL.2 PLANNING ITEM#73075 Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of VICTORIA KOZIOL for a Conditional Use Permit re short term rental at 901-C Pacific Avenue DISTRICT 5 (Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VICTORIA KOZIOL for a Conditional Use Permit re short term rental at 901-C Pacific Avenue DISTRICT 5 (GPIN 24272444110950) (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 901-C Pacific Avenue, and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. July 12, 2022 67 ITEM— VLL.2 PLANNING ITEM#73075 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 Ores on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. July 12, 2022 68 ITEM— VLL.2 PLANNING ITEM#73075 (Continued) 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. July 12, 2022 69 ITEM— VLL.2 PLANNING ITEM#73075 (Continued) 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 12`h day of July 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 July 12, 2022 R5S FOR OR _ —�_ Stre \ \ _,--- 101 , IIII ::hi. , \ o2 \ \y "0 R OR R \ 05S i Q, GR cD ., y t Al 8 \ Ili OR ,\ .z c , OR `,,�. _ � _ =9 ..... , h St ceetNoI1OIkA venua_ . li �'RT3 _ _____ _ a'' RT3 \ Z \ iii c, \ \\ IP \ OR ,, too R5S \ \ co , y------- IN r, Site W 1,'F 147 * Victoria Koziol Property Polygons g Zoning 901 Pacific Avenue, Unit C Building Feet 0 2040 80 120 160 200 240 70 ITEM— VI.L.3 PLANNING ITEM#73076 Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of LONGCREEK,LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 218, DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LONGCREEK,LLC for a Conditional Use Permit re short term rental at 4005 Atlantic Avenue, Unit 218 DISTRICT 6 (GPIN 24270823130000) (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 4005 Atlantic Avenue, Unit 218,and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. A second (2nd) parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. July 12, 2022 71 ITEM— VI.L.3 PLANNING ITEM#73076 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. July 12, 2022 72 ITEM— VLL.3 PLANNING ITEM#73076 (Continued) 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. July 12, 2022 73 ITEM— VLL.3 PLANNING ITEM#73076 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12`h day of July 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 July 12, 2022 \ ' '0 -g , r \ , ' v'c') \ ---- 0 , co OR :i.• ' % , \\,,r0 OR vp a 010111.11 * so T) \ \ e* \ v _GIR OR ill 11 tle—et---;--- 5 V011 % 1WS___--- - a. -....\ ------- \ , 0 I IP, 0 R- c� OR Y RI7c5 c. cc ,--. 1 O R N A Site w t ' t:, Longcreek, LLC ` Property Polygonss Zoning 4005 Atlantic Avenue, Unit 218 Building Feet 0 2040 80 120 160 200 240 74 ITEM— VLL.4 PLANNING ITEM#73077 Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of THOMAS C. LOPRESTI for a Conditional Use Permit re short term rental at 425 21 S`Street DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THOMAS C. LOPRESTI for a Conditional Use Permit re short term rental at 425 21 S` Street DISTRICT 6 (GPIN 1495138628) (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 425 21st Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. July 12, 2022 75 ITEM— VLL.4 PLANNING ITEM#73077 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. July 12, 2022 76 ITEM— VLL.4 PLANNING ITEM#73077 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last(12)twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12`"day of July Two Thousand Twenty Two. July 12, 2022 77 ITEM— VLL.4 PLANNING ITEM#73077 (Continued) 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 July 12, 2022 k st.cee._t 11 ,,,,,c0NN-- OR -_____-- _ 1,, --- - OR _______ ________. \Ti), \ 2nd _ _ 0 s 2 , OR o \, \ 1 CiPovralf__St4tDb 1 C3 co 1 , , ,,, 0, ORIII 1 \ \ \ 2CA17cfp- tfeat � , 0 �'� \\ -st NR----"\ 0, OR \ 0 co \ cs , 1 / ___---------, t , _--- _ StreI \ MU 0 c. OR111 2�st Street st Str O R z� 1 Ilaoil um. - treat alt S 1 1'cvOR 20OR N rA Site w '4hz i Property Polygons Thomas C. LoPresti s 0 Zoning 425 21st Street Building Feet 0 1530 60 90 120 150 180 78 ITEM— VLL.5 PLANNING ITEM#73078 Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of CRAIG & APRIL DEAN for a Conditional Use Permit re short term rental at 515 20`h Street DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CRAIG& APRIL DEAN for a Conditional Use Permit re short term rental at 515 20`h Street DISTRICT 6 (GPIN 24179798080000) (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 515 20th Street, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. July 12, 2022 79 ITEM— VI.L.5 PLANNING ITEM#73078 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 f reworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. July 12, 2022 80 ITEM— VLL.5 PLANNING ITEM#73078 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 18. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12th day of July Two Thousand Twenty Two. July 12, 2022 81 ITEM— VLL.5 PLANNING ITEM#73078 (Continued) 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 July 12, 2022 IMP1.1W-- Iiiir I 'It° II* MP 111. Ill WI O.R - _ OR; ..- 11li tlk C-3 —Iiii II____ treat INIfS 2 \ \O"al0 , �\ t \____S_Di 11 , i \ 0 OR Illi \ \ \ , _ �j S trea, 001,,, ti -\ . 26Vh_ lii - G - ' ' la" 11111111 Ilin Illa Iii N r A Site � w 0I 1: Property Polygons Craig & April Dean Now s Zoning 515 20th Street Building micmmoipFeet 0 1020 40 60 80 100 120 82 ITEM— VLL.6 PLANNING ITEM#73079 Upon motion by Vice Mayor Wilson,seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT, Ordinance to AMEND Section 111 of the CZO to ADD terms related to Energy Storage Facilities; Ordinance to ADD Section 225.02 to the CZO to ADD requirements to Energy Storage Facilities; Ordinance to AMEND Sections 1001 of the CZO to include Energy Storage Facility as a use permitted with a Conditional Use Permit in the I-1 and I-2 Districts (Sponsored by Vice Mayor Wilson) (Deferred from May 17, 2022) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None July 12, 2022 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE TO ADD 3 TERMS RELATED TO ENERGY/BATTERY 4 STORAGE FACILITIES, TO ADD SECTION 5 225.02 FOR REQUIREMENTS FOR 6 ENERGY/BATTERY STORAGE FACILITIES 7 AND TO AMEND SECTION 1001 TO 8 INCLUDE ENERGY/BATTERY STORAGE 9 FACILITIES IN THE I-1 AND 1-2 ZONING 10 DISTRICTS 11 12 Sections Amended: §§ 111 and 1001 of the 13 City Zoning Ordinance 14 Section Added: § 225.02 of the City Zoning 15 Ordinance 16 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA: 22 23 That Sections 111 and 1001 of the City Zoning Ordinance are hereby amended 24 and Section 225.02 is hereby added and reordained to read as follows: 25 26 Sec. 111. Definitions. 27 28 For the purpose of this ordinance, words used in the present tense shall include 29 the future; words used in the singular number include the plural and the plural the 30 singular; the use of any gender shall be applicable to all genders; the word "shall" is 31 mandatory; the word "may" is permissive; the word "land" includes only the area 32 described as being above mean sea level; and the word "person" includes an individual, 33 a partnership, association, or corporation. 34 35 . . . . 36 37 Day-care center. Any facility, other than a family day-care home, operated for the 38 purpose of providing care, protection and guidance during a part of the twenty-four-hour 39 day to a group of: (1) children separated from their parents or guardians; (2) adults 40 sixty-two (62) years of age or older; or (3) persons under a disability during a part of the 41 twenty-four-hour day. 42 43 Decommissioning. The removal and proper disposal of equipment, facilities, or 44 devices on real property. including restoration of the real property upon which 45 equipment, facilities, or devices are located. Restoration of the real property shall 1 46 include soil stabilization, and revegetation of the ground cover of the real property 47 disturbed by the installation of such equipment, facilities, or devices. 48 49 . . . . 50 51 Eleemosynary or philanthropic institution. A charitable or benevolent operation 52 qualifying for tax exemption under section 501 of the Internal Revenue Code of 1954, as 53 amended. 54 55 Energy storage facility. Energy storage equipment or technology that can absorb 56 energy, store such energy for a period of time, and redeliver energy after it has been 57 stored. This term includes battery storage facilities 58 59 . . . . 60 61 Sec. 225.02. Battery storage facilities/energy storage facilities. 62 63 (a) Application. Each application for a conditional use permit for a battery storage 64 facility shall include the following general information: 65 66 al Decommissioning Plan. As part of the project application, the applicant 67 shall submit a decommissioning plan, which shall include the following: 68 69 a. The anticipated life of the project; 70 71 b. Contact information for the party responsible for site 72 decommissioning; 73 74 c. Timeline for, and written description of, decommissioning 75 procedures which shall include, but not limited to, removal of any 76 above and below ground tanks, cables, fencing, debris, buildings, 77 structures or equipment, to include foundations and pads. related to 78 the facility and restoration land and related disturbed areas to a 79 natural condition or other approved state. At time of approval, the 80 City Council may approve and condition a request by an applicant 81 to have certain items intended to be utilized to serve a permitted 82 use on the site to remain, provided site plan approval is obtained: 83 84 d. "Natural condition" shall be taken to mean the stabilization of soil to 85 a depth of three (3) feet and restoration of site vegetation and 86 topography to its pre-existing condition, provided that the exact 87 method and final site restoration plan shall be subject to site plan 88 review giving, among other things, consideration to impacts upon 89 future site use, environmental and adjacent property impacts. The 90 Director of Planning or their designee may approve a request by 91 the landowner for alternatives to site restoration to allow roads, 2 92 pads or other items which will serve a future permitted site use to 93 remain. Where applicable, if the Director of Planning or their 94 designee determines that a restoration plan significantly deviates 95 from the description and conditions approved by the City Council 96 such plan shall require amendment of the conditions by City 97 Council. 98 99 (2) Project Description. A narrative identifying the applicant, owner, and 100 operator, and describing the proposed battery storage facility, including an 101 overview of the project, its location, and maintenance plan for the project; 102 approximate rated capacity of the battery storage facility; a description of 103 ancillary facilities, if applicable: and analysis of the beneficial and adverse 104 impacts of the proposed project on natural and historic resource. prime 105 agricultural soils, or forest lands. 106 107 (3) Site Plan. The site plan shall conform to the preparation and submittal 108 requirements of the City Site Plan Review process, including supplemental 109 plans and submissions, and shall include the following information: 110 111 a. Existing and proposed buildings and structures, including 112 preliminary location(s) of all proposed equipment. 113 114 b. Existing and proposed access roads, drives, turnout locations, and 115 parking; 116 117 c. Location of any substations, electrical cabling, ancillary equipment, 118 buildings, and structures (including those within any applicable 119 setbacks); 120 121 d. Appropriate access and water supply as required by the fire chief of 122 the City of Virginia Beach; 123 124 e. An emergency action plan as required by the fire chief of the City of 125 Virginia Beach; and 126 127 f. Fencing or other methods of ensuring public safety. 128 129 Special requirements. 130 131 (1) Installation and maintenance of any electrical storage system (ESS) shall 132 comply with all applicable provisions of the Virginia Building Codes and 133 the Virginia Statewide Fire Prevention Codes. 134 135 When the owner or other responsible party decommissions a battery 136 storage facility, they shall handle and dispose of the equipment and other 3 137 project components in conformance with Federal, State, and local 138 requirements. 139 140 At such time that a battery storage facility is scheduled to be abandoned, 141 the owner or operator shall notify the City Manager or his/her designee. 142 143 Within 365 days of the date of abandonment, the owner or operator shall 144 complete the physical removal of the battery storage facility. This period 145 may be extended at the request of the owner or operator, upon approval 146 of the City Council. 147 148 ) A one hundred (100) foot setback for buildings and battery cabinet 149 containers shall be required along all lot lines. 150 151 ) Category VI landscape screening shall be required within the setback. No 152 other uses or structures shall be permitted in the setback. 153 154 ipj Factors relating to approval. Before issuing any conditional use permit for a 155 battery storage facility, the City Council shall give due consideration to the 156 following factors: among others: 157 158 *'1 The visual impact of the project, in conjunction with landscaping and 159 screening plans; 160 161 (2) Impacts to protected environmental features; and 162 163 An onsite fire monitoring system or fire watch prevention plan as required 164 by the fire chief of the City of Virginia Beach. 165 166 ) Bonding requirements. The City Council may require a bond or letter of credit in 167 an amount and with surety satisfactory to the department of planning, securing to 168 the city compliance with the conditions and limitations set forth in the conditional 169 use permit. 170 171 . . . . 172 173 Sec. 1001. Use regulations. 174 175 (a) Principal and conditional uses. The following chart lists those uses permitted 176 within the I-1 and 1-2 Industrial Districts. Those uses and structures in the 177 respective industrial districts shall be permitted as either principal uses indicated 178 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated 179 by an "X" shall be prohibited in the respective districts. No uses or structures 180 other than as specified shall be permitted. 181 182 4 Use I-1 1-2 Battery Storage Facility/Energy Storage Facility, subject to the C C provisions of section 225.02(b). Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 t h day of July , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: g *fka, LAcl&Catj Planning Dep rtment City Att ey's Office CA15700/R-4/June 29, 2022 5 83 ITEM— VLM APPOINTMENTS ITEM#73080 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 HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT AD VISOR Y COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD July 12, 2022 84 ITEM— VLM APPOINTMENTS ITEM#73081 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: TERRY STEVENS Unexpired term thru 3/31/2023 Plus three year term 4/1/2023—3/31/2026 CLEAN COMMUNITY COMMISSION Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Barbara M. Henley July 12, 2022 85 ITEM— VLM APPOINTMENTS ITEM#73082 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: USHA ELESWARAPU (Natural Resource/Environmental Science) ALLISON R. HAMMER (Citizen) JAMES MCCUNE (Finance) SCOTT MILLER (Citizen) ROBERT RADSPINNER (Civil Engineer) EMIL Y STEINHILBER (Environmental Science) JEFFREY WALLER (Engineer) No Term FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Barbara M. Henley July 12, 2022 86 ITEM— VLM APPOINTMENTS ITEM#73083 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: Bill Brunke (Full Member) Thomas Dillion (Alternate Member) Thomas Leahy (Full Member/Chemistry) Lynn Y. Moon (Alternate Member) 3 Year Term 7/12/2022- 6/30/2025 STORMWATER APPEALS BOARD Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Barbara M. Henley July 12, 2022 87 UNFINISHED BUSINESS ITEM#73084 Mayor Dyer advised he would like to give the Body to make comments as this is a special night due to it being the last time the Body will meet in this Chamber. Mayor Dyer shared many of the Council Members have spent a lot of hours in the Chamber working on the people's business, thus holding so much history. Council Member Branch authored and read: "A Ballad for a Building Leaving Building 1 is now a must Farewell to the asbestos, stale air, and dust And to all the many meals here of five star dining Thank the Lord we all have good stomach lining Not a moment too soon, and I'm not joking We've run out of things that can be broken The duct tape and wire won't hold things anymore The security cards will only open every other door If walls could talk, much could be told The thousands of tales would never get old Hosting so many talks and greetings Oh, to have a penny for every one of the meetings So goodbye Building 1, here's a goodbye kiss If the truth be told,you will be missed Your many years saw our City prosper and grow And now we say, sadly, it's time to let go" The Body applauded Council Member Branch and collectively commended him. July 12, 2022 88 NEW BUSINESS ITEM#73085 Vice Mayor Wilson advised the City is experiencing another historical change as the City is preparing to change the voting districts, which are named, to have ten (10)new Districts identified only by number right now. Vice Mayor Wilson asked if there was any objection to directing staff to develop a communications plan to have a contest for citizens to submit ideas for naming each of the new Districts. Vice Mayor Wilson suggested having the contest begin in September, as the school year begins, so it will include ideas from children too, and go through the fall until the election. Vice Mayor Wilson advised this may increase the public's awareness and allow for more engagement. Mayor Dyer asked the Body if there were any objections with none being raised. City Manager Duhaney advised he will work with staff to create a communications plan and present it to the Body in late August—early September for review. July 12, 2022 89 ADJOURNMENT ITEM#73086 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:32 P.M. Terri H. Chelaus Chief Deputy City Clerk N\rj1 Amanda Barnes,MMC Robert M.Dyer City Clerk Mayor July 12, 2022